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HomeMy WebLinkAbout1999-09-08 ACTIONS Board of Supervisors Meeting of September 8, 1999 September 9, 1999 AGENDA ITEM/ACTION ASSIGNMENT 1. Call to order. Meeting was called to Order at 7:00 p.m., by the Chairman. All BOS members present. Clerk: Acknowledge comments. Others Matters Not Listed on the Agenda from the Public. Mr. Paul Grady spoke about the proposed Parkside Village development in Crozet. He asked the Board to consider purchasing the southern half of the property for a new elementary school, provide the developer with access to the northern half from the end of Hilltop Street, and perhaps deal with a higher density for the remaining half. Recognition of Citizens Accomplishments. Recognized Amanda Hommel, Kdsti Snapp and Michaux Early. Education, $2,047.90 (Form #99022). 6.1 Appropriation: · APPROVED 6.2 Water Supply Emergency Ordinance (deferred from September 1, 1999). · ADOPTED the attached rsolution. 6.3 Draft letter to Mayor Virginia Daugherty, in response to Charlottesville City Council's action on the Meadow Creek Parkway. · APPROVED. 6.4 Approve amended Earlysville Volunteer Fire Department Service Agreement for purchase of new fire engine. · APPROVED 7. SP-99-35. McDonalds Drive-In (Signs g69&70). · APPROVED subject to the three conditions recommended by the Planning Commission. · The Board requested that Planning staff notify Joan Graves when the site plans come up for review. 8. SP-99-43. Arby's at Forest Lakes (Sign ~60). · APPROVED subject to the two conditions recommended by the Planning Commission. SP-99-44. Riverbend Garden Apartments (Signs #47&68). APPROVED subject to the conditions recommended by the Planning Commission, with modifications made to the second and third conditions. 11. Other Matters not Listed on the Agenda from the Board. · Board supported the Chairman and Mayor co-chairing the meeting on September 16th. · Mr. Marshall announced that he will be chairing a public headng on September 16th of the State Board of Health on regulations for managed health care organizations. The hearing will begin at 1:00 p.m., at the Lynchburg Municipal Library. · Mr. Perkins asked staff to look at some kind of overlay district or a zoning text amendment to address parking around the square in Crozet. He also asked that staff look at designating an area for a park and ride lot. · Mr. Perkins asked the staff to look at a cost estimate to do all None. Clerk: Forward to Melvin Breeden and copy appropriate pesons. Clerk: Forward to RWSA and ACS,~ Clerk: Hand delivered letter to the Mayor's office. Clerk: Forward to Fire and Rescue, Finance and County Attorney. Clerk: Set conditions out in action letter to Planning. Clerk: Set conditions out in action letter to Planning. Clerk: Set conditions out in action letter to Planning. County Executive/Planning staff: Prepare report. Clerk: Forward copy of Mr. Grady's letter to County Executive and Planning staff. the things Mr. Grady proposed. Mr. Bowerman invited Board members to a meeting on September 16th at 5:30 p.m., at the Senior Center, on the urban drainage area. 12. Adjoum, The meeting was adjourned at 8:08 p.m. Attachment 1 - Water Supply Emergency Ordinance Attachment 2 - Planning Commission conditions Attachment 1 RESOLUTION DECLARING POLICY FOR WATER CONSERVATION AND RESTRICTIONS WltEREAS, the Albemarle County Board of Supervisors recognizes that there are times when water levels in the reservoirs and ground water resources which supply potable water to the County are significantly reduced due to periods of little rainfall and high water demand; and WHEREAS, during the existence of such water shortages the protection of the health, safety and welfare of the residents of the County dictates that the County and its residents must conserve these essential water resources by implementing water conservation measures; and WItEREAS, the Albemarle County Service Authority has requested that the County be prepared to adopt an Emergency Water Supply Ordinance to restrict water usage in the urban water supply areas of the County if water levels in the reservoirs supplying water to those areas fall below eighty percent of total capacity. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle County, that during times of water shortages, the following actions shall be taken: The use of water in the County shall be reduced or curtailed to the greatest extent possible to conserve water for those uses essential to the public health, safety and welfare. Conservation measures should be undertaken by all water users to conserve essential public water reservoir and ground water resources. The Rivanna Water and Sewer Authority shall provide the public with weekly updates on water supply and the Albemarle County Service Authority shall request its customers to voluntarily conserve water whenever possible. The County shall publicize requests for all water users to conserve the use of both public water supplies and ground water resources. The Citizens shall be advised that an Emergency Water Supply Ordinance will be adopted if and when water supply levels in the urban water supply reservoirs fall below eighty percent of capacity. The Emergency Ordinance will restrict and make unlawful certain uses of water during the period of emergency. I, Ella W. Carey, do hereby certify that the foregoing writing is a tree, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by vote of six to zero, as recorded below, at a meeting held on September 8, 1999. Clerk, Board of County Supervisors COUNTY OF ALBEMARLE MEMORANDUM TO: FROM: DATE: RE: V. Wayne Cilimberg, Director of Planning and Community Development Ella W. Carey, Clerk~-~ September 10, 1999/"~'~ Board Actions of September 8, 1999 At its meeting on September 8, 1999, the Board of Supervisors took the following actions: Agenda Item No. 7. SP-99-35. McDonalds Drive-In (Signs #69&70). PUBLIC HEARING on a request to allow drive-in window at the McDonald's in Shoppers YVorld Shopping Center in accord w/§ 25.2.2.4 of the Zoning Ordinance which allows for drive-in windows. TM 61, P 12, Sec 1C contains 6.465 acs. Znd PD-SC & EC. (This property is located in a designated growth area.) Located on Seminole Trail (Rt 29) across from Fashion Square Mall. Rio Dist APPROVED subject to the following conditions: Issuance of a Certificate of Appropriateness from the Architectural Review Board; Applicant is responsible for installation and maintenance of control devices such as by-pass lanes, signage, and pavement markings as indicated on the site plan amendment; and Extend the two inbound lanes beyond the McDonald's entrance as shown in preliminary site plan dated July 12, 1999. Agenda Item No. 8. SP-99-43. Arby's At Forest Lakes (Sign #60). PUBLIC HEARING on a request to establish a restaurant with one drive-through window [25.2.2.4] on 0.8 ac. Znd PD-SC & EC. TM46B4, P9. Located on E sd of Seminole Trail (Rt 29), at entrance of the Forest Lakes development. (This property is located in a designated growth area.) Rivanna DisL APPROVED subject to the following conditions: Drive-through windows will be limited to one [1]; and Architectural Review Board issuance of a Certificate of Appropriateness. Agenda Item No. 9. SP-99-44. Riverbend Garden Apartments (Signs #47&68). PUBLIC HEARING on request to allow approx 130 rental apartments, dub house, pool & assoc parking in accord w/Sec 23.2.2.9 of the Zoning Ord which allows for uses permitted in the R-15 district in Mr. V. Wayne Cilimberg September I0, 1999 Page 2 compliance w/regulations set forth therein. TM78, P17A (portion) & 15C-I, contains approx 36 acs. Znd C-1. Located on Riverbend Dr (Rt 1116) S of & adj to Pantops Shopping Ctr. Rivanna Dist. APPROVED subject to the following conditions: Riverbend Garden Apartments shall be developed and operated in general accord with this Application for Special Use Permit (and attachment) dated May 17, 1999 and initialed "SET 6/17/9%" herein included as Attachment C, and with the [reduced] Concept Plan dated July 26, 1999 and initialed "SET 7/27/99", herein included as Attachment B, not to exceed a total of 143 apartment units. The development of the Riverbend Garden Apartments does not prohibit the development of the area identified in the concept plan as "potential C-1 development," with uses allowed as a matter of right or by special use permit through applicable zoning regulations. Site plan approval for this property shall be contingent upon VDOT approval of intersection plans, to indude signalization, at the intersection of Riverbend Drive and South Pantops Drive; the applicant shall participate in costs associated with instrumentation needed for traffic management related to traffic impacts from the proposed apartments. The applicant shall meet all requirements set forth in the June 24, 1999 letter from VDOT (as may be modified, with VDOT's approval) related to intersection design at Pdverbend Drive and South Pantops Drive only; A dedication of greenway shall be made along the edge of the Rivanna River from the shared boundary between Parcels 17A and 17Al (Route 250), and to the shared boundary of Parcels 15C1 and 17G4; this dedication shall be made at the time of site plan approval, based on agreement between the applicant and staff as to specific alignment. /ewc It is very important for the Board of Supervisors to recognize acts of outstanding service that benefit our community and that exemplify the highest standards of citizenship, and we are pleased to have the oppommity to do that this evening. On Tuesday, July 6, a car driven by Charles Borchardt ran off of the shoulder of Old Garth Road, struck a tree, rolled over and burst into flames. Amanda Hommel and Kristi Snapp witnessed the accident while they were driving by and stopped to give help. Michaux Early passed by the scene of the crash immediately aiterwards and also stopped to assist. The three observed the van, with the driver still inside, burst into flames. After trying to smother the flames, they decided to pull the victim from the van to a safe area. Mr. Early, who is a Coast Guard rescue swimmer, examined the victim for injuries. The victim's pulse was weak and his breathing was shallow. As the flames from the van continued to grow and spread, the rescuers moved the victim a second time to make sure he was in a safe place. They stayed with the victim, applying pressure to his wounds with t shirts, until police and fire/rescue personnel arrived. Emergency service workers who responded to the crash praised these three citizens for their quick and heroic actions and noted that the victim would certainly have perished in the fire had he not been rescued. The sad fact that the victim did eventually pass away from injuries suffered in the crash does nothing to downgrade the risk that these three people took, at the very real threat of harm to themselves, to save the life of a stranger. As a member of the Board of Supervisors, and a citizen in this county, it is with sincere appreciation and admiration that I salute the efforts of Ms. Hommel, Ms. Snapp and Mr. Early. There is surely no better sign of a community's strength and well-being than the willingness of its citizens to step in and help each other, despite the risks to themselves. On behalf of Albemarle County government, I would like to thank you each for your dedicated service and ask you to step forward to receive some tokens of our appreciation. ~.,,~as believed that a schoc;l 'ncx~ ~,* ~-' +h=, ~.-=iI?~=a b'ridge ~k~ segment ~ ....... , _ ,¢~=~,e,n Ridge, ueveiopment and ~'¢,~=,'¢~=¢~,,~,_¢ _,_._~, w,~=~,~.~, +¥,=,..,._ cou'nty's railroad .... ks ~ 'd cut +k¢ ~,~-aL ., t ~,,:~:ul .,,,- proper+``` presently ~ocated =~'~=+i' = ....... "- b~is~' - and dent,a! ............ ~ vui]/ ~epa~ ~:~In9 _ of the shnpn~ng._ ~.. c='~k~,-._, ._~ wi.l'~.. ..~ 'c, eede~. ~ ~or a 'nes,,~ ligh+,, rail station .snd a parking~=ra,g~ .............. Tho ~ar:~ Li. imber Co p-'-oper~~ ~,y across th~ railroad tracks would hero;se a new town center town hal! So you =~= there is more at ~ i+tl~ subdi :-ion. Th= who.~e ~> ..... .~ - ~ v~ ..... * order~',' d=,,,=lopment .~-~ the Crozet COf~]rLi~qi'~ ' ~,~.~.~ ,,,:~ if t~i'B ~",'~i~,~}~, ~.¥ DOLiI~ b~ ..... ~ .... ~ J J-"'~ p i a, nned. Whmn I ~,~as i'n the cowmt¥ planning office yesterday~, am agent for' the develmper !,,~as in there resubmitting their site plan i~,~ith 48 units~ ~hat they are allowed by right ~ithout a second ~ntrance~ That means the site plan only needs apDrovai from the Planning Commission~ The only ~-~)ay the boar~ can affect the outcome of this si~ .... i ....... ~l ............. ...... ~ to Eventhough L.O~m~i~SiOB deny.. --~n'cnv~]FF~ 0~=~ Or postpone a decision~ the board voted las% ~eek not to buy the pmoperty~ ] ask that you reconsid m ,~ou. c-ition and think about s~,~,~ ust '~'- ~ ~ ..... :,~g .3 the sou~._~ n half ~ ~h~= S~Op~+,,~h ~ ~ .... ~ ,,~il~ Drovidi~ +~ d~v~= access to the ~O~~ --- b~=~ f'r +he Of ~e~ ..o f om =~nd ~ 1 ltop ~.~ a~ perhaps si~,~eeten~ ng ~.he deal ~i~h .a ~g~.='~ oensity ~'~'~ ~=~ ' ' ha~*' ~' ~ ~ ........................... r remaining ..... ~n~.~ ~ talked t~ the d~vel~e'cs agent yeaterday a~ th'~ p,lzir~ning ~)f~i.z,J he said they ~.,~e'cs still ~,,~i!ling t~ listsn t~ any Droposal the ~.o=~,~,~.y had ~o offer. I ask ~h ............ - C~n't ~ef~se ~S SO~D'~'t a=, possih ~ The ....... the ' in =~ .... ~ month and c~=~._= ~ .... ~- ~-~L~ the Comprehens. ive ol~ .an are sure to fo~io~.~.~ This $~.~ou]d ~-~ = perfect time to initiate some long range pianning for the community of Crozet~ Thank You ALBEMARLE 4O COUNTY $6 69 ,, \ 35O 57 '%.. ~6 ?3 ese ',, .92 99,r, ~-' WHITE HALL DISTRICT SECTION 56 COUNTY OF ALBEMARLE MEMORANDUM TO: FROM: DATE: RE: Melvin A. Breeden, Director of Finance Ella W. Carey, CMC, Cle~(3~ September ! 3, 1999 Board Actions of September 8, 1999 At its meeting on September 8, 1999, the Board of Supervisors approved the following appropriation request: Education, $2,047.90 (Form #99022). Attached is the signed form. In addition the Board approved the amended Eaflysville Volunteer Fire Department Service Agreement for purchase of a new fire engine. A copy of the signed agreement was forwarded to Finance last week. /ewc' Attachments pc: Roxanne W. White Anne Gulati Robert Walters Kevin C. Castner Jackson Zimmerman APPROPRIATION REQUEST FISCAL YEAR: 99~00 TYPE OF APPROPRIATION: ADVERTISEMENT REQUIRED ? FUND: PURPOSE OF APPROPRIATION: GRANT FUNDING. NUMBER ADDITIONAL TRANSFER NEW 99022 X YES NO X GRANT/SCHOOL EXPENDITURE CODE DESCRIPTION AMOUNT 1 3135 60605 580500 Staff Development $1,047.90 1 2112 61102 800701 ADP Equip-Repl 1,000.00 TOTAL $2,047.90 REVENUE CODE DESCRIPTION AMOUNT 2 3135 24000 240324 Goals 2000 Award $1,047.90 2 2000 24000 240210 Sp. Ed. Assist. Equip. 1,000.00 TOTAL $2 047.90 TRANSFERS REQUESTING COST CENTER: EDUCATION APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS SIGNATURE DATE AUG. 19, 1999 ,¢-/_¢-v2 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Appropriation - Education SUBJECT/PROPOSAL/REQUEST: Request approval of Appropriation #99022 in the total amount of $2,047.90 for various grants. STAFF CONTACT(S): Messrs. Tucker, Castner, Breeden; Ms. White AGENDA DATE: September 8, 1999 ACTI O N: CONSENT AGENDA: ACTION: X ATTACHMENTS: REVIEWED BY: BACKGROUND: ITEM NUMBER: INFORMATION: INFORMATION: Yes Appropriation of $1,047.90. Albemarle County Public Schools received a grant award from the Goals 2000: Educate America Grant in the amount of $1,047.90. This funding is to be used for inservice training of staff and teachers in support of efforts to improve education in our school division through provision of computers and related technology. Appropriation of $1,000.00. The Virginia Department of Education has designated $1,000.00 to Albemarle County for assistive technology equipment. This money will be used to purchase adaptive equipment for students with disabilities. RECOMMENDATION: Staff recommends the Board of Supervisors approve the appropriations as detailed on Appropriation #99022. BOARD OF SUPERVISORS RESOLUTION DECLARING POLICY FOR WATER CONSERVATION AND RESTRICTIONS WHEREAS, the Albemarle County Board of Supervisors recogn/zes that there are times when water levels in the reservoirs and ground water resources which supply potable water to the County are significantly reduced due to periods of little rainfall and high water demand; and WHEREAS, during the existence of such water shortages the protection of the health, safety and welfare of the residents of the County dictates that the County and its residents must conserve these essential water resources by implementing water conservation measures; and WHEREAS, the Albemarle County Service Authority has requested that the County be prepared to adopt an Emergency Water Supply Ordinance to restrict water usage in the urban water supply areas of the County if water levels in the reservoirs supplying water to those areas fall below eighty percent of total capacity. NOW, TItEREFORF~ BE IT RESOLVED by the Board of Supervisors of Albemarle County, that during times of water shortages, the following actions shall be taken: The use of water in the County shall be reduced or curtailed to the greatest extent possible to conserve water for those uses essential to the public health, safety and welfare. Conservation measures should be undertaken by all water users to conserve essential public water reservoir and ground water resources. The Rivanna Water and Sewer Authority shall provide the public with weekly updates on water supply and the Albemarle County Service Authority shall request its customers to voluntarily conserve water whenever possible. The County shall publicize requests for all water users to conserve the use of both public water supplies and ground water resources. The Citizens shall be advised that an Emergency Water Supply Ordinance will be adopted if and when water supply levels in the urban water supply reservoirs fall below eighty percent of capacity. The Emergency Ordinance will restrict and make unlawful certain uses of water during the period of emergency. I, Ella W. Carey, do hereby certify that the foregoing writing is a tree, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by vote of six to zero, as recorded below, at a meeting held on September 8, 1999. 'Cl~$ar'~'~-f Co~unty Superviso~ Aye Nay Mr. Marshall Y Mr. Bowerman Y Mr. Perkins Y Ms. Humphris Y Mr. Martin ¥ Ms. Thomas Y David R ~ Charlotte Y. Humphris Jack Jouett Forrest R. Marshall, Jr. COUNTY OF Ai REI~! E Office of Board of Supewiso~ 401 Mdntire Road Chaflottem,'ille, V'~inin 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Walter E Perkins Sally H. Thomas September 13, 1999 Mr. Art Petrini, Executive Director Rivanna Water and Sewer Authority PO Box 18 Charlottesville, VA 22902 Dear Art: At its meeting on September 8, 1999, the Board of Supervisors adopted the attached resolution outlining a policy for water conservation and restrictions. Sincerely, · , Clerk /EWC Attachment Printed on recycled paper David R Charlotte Y. Hurnptuis Formst R. I~, Jr. COUNTY OF ALB~ Office of Board of Supervisors 401 Mclntire Road Charlottesville, Vkginia 22902-4596 (8041 296-5843 FAX (804) 296-5800 September 13, 1999 Waiter E Perkins Sally H. Thomas Mr. J. W. Brent, Executive Director Albemarle County Service Authority PO Box 1009 168 Spotnap Road Charlottesville, VA 22902 Dear Mr. Brent: At its meeting on September 8, 1999, the Board of Supervisors adopted the attached resolution outlining a policy for water conservation and restrictions. Sincerely, ~ W. Carey, ~erK /£WC Attachment Printed on recycled paper COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Water Restriction Ordinance SUBJECT/PROPOSAL/REQUEST: STAFF CONTACT(S): Messrs. Tucker, Foley, Davis AGENDA DATE: September 8, 1999 ACTION: CONSENT AGENDA: ITEM NUMBER: IN FORMATION: ACTION: × INFORMATION: ATTACHMENTS: REVIEWED BY: BACKGROUND: At its meeting on September 1, 1999, the Albemarle County Board of Supervisors suggested amending the draft Emergency Ordinance to restrict water usage within the County. DISCUSSION: The newly drafted ordinance amends: · Section 4, Paragraph A, Stage 1 - will be changed from 70% to 80% capacity as it relates to voluntary conservation efforts. · Section 4, Paragraph B, Stage 2 - restricts the watering of lawns and yards only on odd-numbered days when capacity reaches 75%. · Section 4, Paragraph C, Stage 3 - req u ires mandatory water restrictions when reservoir capacity reaches 70%. RECOMMENDATION: Staff recommends approval of this Emergency Ordinance as amended. Should reservoir capacity remain above 80% at the time of this approval, staff will present a water conservation policy statement for Board approval in lieu of this Emergency Ordinance. 99.172 §ltO8IA [tdfl§ 30 (PdVOfl There is no scientific explanation or justification for the varioUs Stage levels. Our the severity of the situation and their acceptance of the mitigation measures. Finally, there was a question about the odd/even day watering in the City and County, customers to Water on any given day the daily peaks are reduced, thus lessening, the demand on · I Mll:. be available at the next Board o Supervisors meeting to answer any questions; or prior to the meeting if anyone ~shes further information. As we-discussed yesterday, I still feel this plan is realistic and workable. My greatest concern however, is that the City and County not have significantly differing plans. JWB/lbt c~C:-Board of Directors Judith Mueller Art Petrini J.W. Brent Executive Director DRAFT: SEPTEMBER 2, 1999 AN ORDINANCE DECLARING THE EXISTENCE OF A WATER SUPPLY EMERGENCY AND IMMPOSING RESTRICTIONS ON THE USE OF WATER WHEREAS, the Albemarle County Board of Supervisors has been advised that the water levels at the reservoirs which supply potable water to the urban area of the County are less than eighty percent (80%) of total capacity; and WHEREAS, reservoir water levels have dropped significantly during the past month due to the continuing lack of significant rainfall; and WltEREAS, historically the month of September is the month of the highest water consumption in this area; and WHEREAS, it is anticipated that the supply of water available to the County will continue to decrease unless there is significant rainfall or water conservation measures are implemented; and WHEREAS, there is an immediate need to control and restrict the use of water until such time as the water levels in the reservoirs serving the County of Albemarle are greater than eighty percent (80%) of total capacity; and WHEREAS, during the continued existence of such water shortage the protection of the health, safety and welfare of the residents of the urban area of Albemarle County requires that certain uses of water, not essential to public health, safety and welfare, be reduced, restricted or curtailed. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Albemarle County, as follows: Section 1. The Board of Supervisors of Albemarle County finds that there exists a local emergency with regard to the shortage of potable water in the urban areas of Albemarle County surrounding the City of Charlottesville. Section 2. The following words, terms and phrases, when used in this ordinance, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Authority: The Albemarle County Service Authority. Available water capacity: The amount of water present in the reservoir system, as determined at any particular time by the Rivarma Water and Sewer Authority and expressed as a percentage of the reservoir system's total usable water capacity. County Executive: The County Executive of Albemarle County, or his designee. DRAFT: SEPTEMBER 2, 1999 Executive Director: The Executive Director of the Albemarle County Service Authority, or his designee. Reservoir: The urban reservoir system located in Albemarle County, Virginia, used as a source of water for the Observatory and North and South Rivanna Water Treatment Plants. Water: Potable water treated at the Observatory and North and South Rivanna Water Treatment Plants and withdrawn from the public water distribution system. Section 3. The Authority and its Executive Director are hereby authorized and directed to implement conservation measures by ordering the restricted use or absolute curtailment of the use of water for certain nonessential purposes for the duration of the water shortage in the manner set out in this ordinance. Section 4. The following restrictions on water use are hereby imposed: A. Stage One. When the Reservoir reaches 80% of available water capacity, the Authority shall provide the public with weekly updates on water supply status through the news media. Advisories will be issued on pending restrictions as the water supply decreases. The Authority shall request the public, through the news media, to voluntarily conserve water whenever possible. B. Stage Two. When the Reservoir reaches 75% of available water capacity, lawns or yards in the County may be irrigated or watered only on odd-numbered days, and only before 7:00 a.m. or after 8:00 p.m. on those days. It shall be unlawful to irrigate or water in violation of this restriction. C. Stage Three. When the Reservoir reaches 70% of available water capacity, the uses of water listed below are prohibited and shall not be permitted until the water supply returns to at least 75% of Reservoir capacity. It shall be unlawful for any person to use water for any of these purposes during the prohibition. 1. The washing of automobiles, trucks, trailers or any other type of mobile equipment except in licensed commercial vehicle wash facilities. 2. The washing of streets, driveways, parking lots, service station aprons, office building, exteriors of homes or apartments or other outdoor surfaces except where mandated by state law or local ordinance. 3. Watering of outside shrubbery, trees, lawns, grass, plants, home vegetable gardens, or any other vegetation, except from a watering can or other container not exceeding three gallon capacity. This limitation shall not apply to commercial greenhouse or nursery stocks which may be watered before 7:00 a.m. or after 8:00 p.m. in the minimum amount required to preserve plant life. DRAFT: SEPTEMBER 2, 1999 4. The operation of any ornamental fountain or other structure making a similar use of water. 5. The filling of swimming or wading pools requiring more than five (5) gallons of water, or the refilling of swimming or wading pools which were drained after the effective date of this ordinance, except that pools may be filled to a level of two (2) feet below normal, or water may be added to bring the level to two (2) feet below normal, or as necessary to protect the structure from hydrostatic damage, as to pools constructed or contracted for on or before the effective date of this ordinance. 6. The service of drinking water in restaurants except upon request. 7. The use of water from fire hydrants for any purpose other than fire suppression unless otherwise specifically provided by the Executive Director. 8. The operation of any water cooled comfort air conditioner which does not have water conserving equipment in operation. Section 5. It shall be unlawful for any owner of any residential unit or units or any owner of any commercial or industrial establishment which is found to be an excessive user of water due to leakage from water lines or plumbing fixtures on the premises to fail to take immediate action to repair and stop such leakage after so ordered by the Executive Director. Section 6. The Executive Director shall be authorized to issue orders to effect compliance with this ordinance. Section 7. Exemptions and Appeals. A. Any person may apply, in writing, for an exemption from the restrictions imposed by this ordinance. Such application shall be filed with the Executive Director and shall specify the grounds or reasons why the restrictions would impose an undue hardship on the applicant. A written decision shall be rendered by the Executive Director within ten (10) calendar days after receipt of the application. The Executive Director may approve or deny the application, or approve the application with such conditions or limitations as may be appropriate. The Executive Director may also grant temporary exemptions for such periods of time as may be necessary for the Executive Director or the Authority to consider the request for an exemption. B. The applicant may appeal the decision of the Executive Director to the Authority. Notice of the appeal shall be in writing and filed in the Office of the Executive Director within five (5) calendar days after the date of the Executive Director's decision. The Authority shall grant the applicant, at applicant's option, the opportunity for a hearing on the appeal. The request for a hearing shall be included in the written notice of appeal. The hearing, when requested, shall be held within ten (10) calendar days of the request. A decision shall be rendered by the Authority within ten (10) calendar days after the hearing. In the event no hearing is requested, a decision shall be rendered within ten (10) 3 DRAFT: SEPTEMBER 2, 1999 calendar days after the receipt of notice of appeal. The Authority may approve or deny the application on appeal, or approve the application with such conditions or limitations as may be appropriate. The decision of the Authority shall be final, subject to such remedy as an aggrieved party may have at law or in equity. Section 9. Any person violating any provision of this ordinance or an order of the Executive Director or of the Authority shall be guilty ora Class 1 misdemeanor. Each day such violation continues shall constitute a separate offense. Section 10. An emergency having been found to exist, this ordinance shall be effective immediately upon passage. For State law as to authority of County to adopt this ordinance, see § 15.2-924 of the Code of Virginia. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded below, at a regular meeting held on Mr. Bowerman Ms. Humphris Mr. Marshall Mr. Martin Mr. Perkins Ms. Thomas Aye Nay Clerk, Board of County Supervisors 4 David P. Bow~a-nan Charlotte ¥. Humphris COUNTY OF AI_REMARLE Office of Board of Supervisors 401 Mdntire Road Charlottesville, V'a~inia 229024596 (804) 296-5843 FAX (804) 296-5800 September 9, 1999 Charles S. Martin Walter E Perkins ,~ally H. Thoma~ ~amuel ~ The Honorable Virginia Daugherty, Mayor City of Charlottesville P. O. Box 911 Charlottesville, Virginia 22902 RE: Meadow Creek Parkway Dear Virginia: At its meeting on September 1, 1999, the Albemarle County Board of Supervisors reviewed the five issues submitted by City Council regarding the proposed Meadow Creek Parkway. We are in general support of those issues identified by Council and offer a more definitive response below: First, the Council is interested in revisiting the previous CATS and the regional network of roads. There has been considerable discussion about a "eastern connector", a "near eastern connector", and other additional roads, both north and south of the City, that would complete the regional network. The Council is not committed to any particular road, but is very interested in discussing the regional network and particularly interested in facilitating better means for traffic to move from areas north of the City to Pantops and the eastern part of the County. Response - The County shares the City's interest in developing a better regional network of roads. The MPO will be updating the Charlottesville Area Transportation Study (CATS) next year. The MPO has already started the process of gathering background data for this update. The MPO has also received Transportation Community and System Preservation Grant (TCSP) funding for the Eastern Planning Initiative. The grant included slightly over $500,000 to study issues related to growth and transportation in the eastern half of the Planning District, including roads north and east of the City. The Planning District will be working over the coming months to establish an advisory committee and hire a consultant for this project. The County believes these two initiatives provide the best opportunity to address the City's interest. Second, we wish to explore a further acquiring of additional parkland over and above the acreage necessary to replace land taken for the road. This parkland could be acquired between the 250 By- Pass and Rio Road, and perhaps all the way to the Rivanna River. We think that considerable discussion should occur on this idea, and are willing to commit capital funds to the acquisition of land with the County to make this concept a reality. Perhaps the City and County should consider jointly applying for federal grants to supplement and enhance our local funding of any possible initiative. We are open to a wide variety of approaches, including the notion of a parkland commission and/or a model similar to the Towe Park City/County arrangement. Printed on recycled paper The Honorable Virginia Daugherty September 9, 1999 RE: Meadow Creek Parkway Page 2 Response - As you know, the County has taken a strong position for the preservation of parkland with this project and has recently adopted a resolution that has been forwarded to the City and VDOT supporting the acquisition of additional parkland adjacent to Phase I. While the northern end of Phase I as it comes into existing Rio Road is developable urban infill land as identified in the County's Land Use Plan, the County is interested in working with the City to extend the greenway initiatives in both our jurisdictions where feasible. North of Rio Road, Phase II of the parkway runs through more urban development land as identified in the Land Use Plan. The County envisions the parkway having pedestrian and biking facilities along its entire length and, if feasible, connecting these facilities to the greenway proposed along the Rivanna River. Third, in its letter to VDOT, the City states that it may hire a technical consultant to monitor design and construction of the City portion of the Meadow Creek Parkway. We think that it might be useful for the City and the County to cooperate in the hiring of a consultant and setting forth a charge that includes design consultation for the County portion of the road. In that way, we would get some consistency of design and be better able to integrate the County and the City portion of the road. We do not wish to slow cOnstruction of the road but instead improve its design. Response - The MPO has a Design Committee that has been working with VDOT and their design consultant over the past three years to assure objectives for the project as established by the City and County through the MPO are met. We believe the MPO is the proper venue to determine if there is a benefit to the MPO Design Committee having a separate design consultant. We believe the MPO is the proper venue to determine if there is a benefit to the MPO Design Committee's having a separate design consultant and we encourage our MPO members to work toward whatever means will produce the best results. The hiring of a consultant at this time may extend the design process. Fourth, the City has requested that VDOT give up any fight that it may have to facilitate the construction of cellular towers in and along the right,of-way for the Parkway, Given Albemarle's previous position on these matters, we thought it might be appropriate for us to join together in setting forth our concern about cell towers in the right-of-way, and to jointly seek agreement with VDOT on this issue. Response - The County is in full support of the City's proposal regarding cellular towers in the Meadow Creek Parkway fight-of-way. As noted in the City's letter, the County has registered its general displeasure with VDOT's policy on cellular towers to State and Federal officials. Fifth, we are concerned about how the County portion of the road integrates with the City portion, particularly at Melbourne Road. It is in the interest of both the City and the County to have safe pedestrian access across the road at that point. Consequently, we would ask that you join with us to approach VDOT about that critical intersection. Response - The County is in full support of the City's position regarding the parkway's intersection with Melbourne Road. The Meadow Creek Parkway Design Committee has been working to provide pedestrian access at this intersection. The Honorable Virginia Daugherty September 9, 1999 RE: Meadow Creek Parkway Page 3 During open discussion, there was consensus that the County is supportive of a well-designed four-lane parkway, however, as you know, ultimate decision on whether a four-lane or a two-lane facility rests with the State's Commonwealth Transportation Board. Regardless of the number of lanes built, the Board of Supervisors endorsed the same design speed that is being proposed by the City on its portion of the parkway. Again, we appreciate City Council's interest in these issues related to the Meadow Creek Parkway and we are confident that our respective governing bodies will provide a safe, convenient and well-designed arterial for our citizenry. Should you have any questions concerning any of our responses to your queries, please do not hesitate to contact me. Sincerely, Charles S. Martin Chairman CSM\dbm 99.019 pc: Albemarle County Board of Supervisors Mr. Robert W. Tucker, Jr. Mr. V. Wayne Cilimberg SERVICE AGREEMENT THIS AGREEMENT, made this ~ day of ,,~,1,~/~) ,1999, by and between the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision, (the "County"), and the EARLYSVILLE VOLUNTEER FIRE COMPANY, INC., a Virginia Corporation, (the "Fire Company"). WHEREAS, the Fire Company agrees to continue to provide valuable fire protection services in Albemarle County in its delineated service area as set forth on the Response Area Maps located at the Emergency Operations Center ("Service Area"); and WHEREAS, the Fire Company desires the County to contribute Two Hundred Thousand Dollars ($200,000) for the purchase of fire apparatus necessary for providing fire services. NOW, THEREFORE, for and in consideration of the above stated premises, the County and Fire Company agree, as follows: 1. The County shall contribute to the Fire Company Two Hundred Thousand Dollars ($200,000) to be used for purchase of a fire pumper. The funds shall be allocated from the County's Fire Fund ("Fund") and shall be made available upon execution of this agreement. 2. The Fire Company agrees that the County will withhold Twenty-Five Thousand Dollars ($25,000.00) from the County's annual appropriation to the Fire Company's operating budget beginning July 1, 2000 and ending after a final withholding in July 2007. Thus at the end of eight (8) years, which is the term of this Agreement, a total of $200,000 shall be withheld. This withholding may be used by the County to replenish the Fund for so long as the County, at its discretion, continues such Fund. This withholding is in addition to the withholding for all prior advances under prior service agreements with the Fire Company dated February 23, 1983, May 23, 1984, May 7, 1987, and February 3, 1993. The Fire Company agrees that any amount of this repayment which may exceed the County's annual appropriation will be remitted to the County no later than July 31st of each repayment year. 3. The Fire Company agrees that the Two Hundred Thousand Dollars ($200,000) contribution shall be used only for the purchase of the fire pumper to be used to provide fire services in Albemarle County. The Fire Company further agrees that it shall not convey the pumper or any interest therein to any party other than the County without the County's prior written consent during the useful life of the pumper or the term of this Service Agreement, whichever is longer. For purposes of this Agreement, the useful life of the pumper shall be fifteen years from the date the pumper is placed into service. In addition, the Fire Company agrees that any insurance proceeds received from a claim related to any damage to the pumper shall be used entirely for the immediate repair and improvement of the pumper unless the County expressly authorizes in writing a different use for such proceeds. 4. The Fire Company agrees that at such time as it no longer provides voluntary fire protection services in Albemarle County while operating under the jurisdiction of the County that it shall convey all of its interest in the vehicle described in paragraph 1 to the County at no additional cost to the County upon the County's request. 5. The County and Fire Company agree that the covenants set forth in their prior agreements dated May 7, 1987, September 14, 1988, March 22, 1993, and December 6, 1995, to the extent they are not in conflict with this Agreement, shall remain in full force and effect. 6. Nothing contained herein shall be construed to prevent additional appropriations by the County to the Fire Company, at the discretion of the County Board of Supervisors, to support, enhance, or augment the services to be provided by the Fire Company. 2 Witness the following signatures and seals. Date Date By ~~/,~,,~,,~ [//z~;rt.~t~,~-_) EARLYSVILLE VOLUNTEER FIRE COMPANY, INC. Approved as to Form: COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE: The foregoing Service Agreement was signed, sworn to and acknowledged before me this /0 ~- day of .~'~,~J , 1999 by Robert W. Tucker, Jr. My Commission Expires: Notary Public COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE: The foregoing Service Agreement was signed, sworn to and acknowledged before me this <~ -~ day of ~I~.4), , 1999 by ~,,~/z,,~a?'_~ ~. ~,~ Notary Pg~)lic My Commission Expires: 3 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Earlysville Volunteer Fire Department Service Agreement SUBJECT/PROPOSAL/REQUEST: Approval of amended service agreement for the purchase of a new fire engine. STAFF CONTACT(S): Messrs. Tucker, Foley, Pumphrey AGENDA DATE: September 15, 1999 ACTION: CONSENT AGENDA: ITEM NUMBER: IN FORMATION: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: This past week, the Jefferson Country Fire and Rescue Association (JCFRA) approved the allocation of $200,000 to the Earlysville Volunteer Fire Department for the purchase of a new engine. The engine is currently being assembled and is due for delivery in November of this year. The first payment on the engine is due on September 16% Because the JCFRA meeting in August was cancelled, this item was only recently approved by the Association. Action on the enclosed agreement with Earlysville Fire is required prior to the issuance of a check for purchase of the engine. DISCUSSION: The enclosed agreement is identical to these approved by the Board in the past, with one exception. Because Earlysville Volunteer Fire Department's total county allocation is less than the amount required to make all debt payments, the agreement includes language that requires the fire department to pay the difference to the County on an annual basis. Because debt on previously purchased equipment will be paid off in three to four years, the payment to the County will only be required for that period of time. Earlysville fully supports the new language and the Board's approval of the amended agreement. RECOMMENDATION: Staff recommends approval of the enclosed agreement. BOARD OF SUPERVISORS 99.174 BOARD OF SUPERVISORS July 23, 1999 COUNTY OF ALBEMARLE Department of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4035 Steven W. Blaine, Esq McGuire, Woods, Battle & Boothe, LLP 310 Fourth Street, NE, Suite 300 Charlottesville, VA 22902 SP-99-35 McDonalds - Tax Map 61M, Section lC, Parcel 12 SDP-99-073 Shopper's World Major Site Plan Amendment Dear Mr. Blaine: The Albemarle County Planning Commission, at its meeting on July 20, 1999, unanimously recommended approval of the SP-99-35 to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1. Issuance of a certificate of appropriateness from the Architectural Review Board. Applicant is responsible for installation and maintenance of control devices such as by-pass lanes, signage, and pavement makings as indicated on the site plan amendment. Extend the two inbound lanes beyond the McDonald's entrance as shown in preliminary site plan dated July 12, 1999. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on September 8, 1999. 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. SDP-99-073 Shopper's World Major Site Plan Amendment - The Commission unanimously approved the internal circulation waiver and the critical slopes waiver requests subject to the following condition: The applicant shall replant the area that provides screening to the adjacent residential areas with landscape screening. The replacement landscape screening shall meet the approval of the Department of Planning and Community Development. Page 2 July 23, 1999 If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Juandiego Wade Transportation Planner JW/jcf Cc: ~la Carey Amelia McCulley Jack Kelsey Steve Allshouse McDonald's Corp STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: JUANDIEGO R. WADE JULY 20, 1999 SEPTEMBER 8, 1999 SP 99-35 McDonald's Drive-Through Window at Shoppers World and SDP 99- 073 Shoppers World Major Site Plan Amendment APPLICANT'S PROPOSAL: The applicant is proposing to replace the existing McDonald's restaurant and establish a drive-through window at the McDonald's in the Shoppers World Shopping Center. The applicant is also proposing to build a new retail building at the intersection of Rt. 29 and Dominion Drive. Attachment A is a reduced copy of the overall site plan. PETITION: SP 99-35 McDonald Drive-In Window Request for a special use permit to allow a drive-through window at the McDonald's in Shoppers World Shopping Center (Attachment B) in accordance with Section [25.2.2.4] of the Zoning Ordinance which allows for drive-through windows with Planning Commission approval. The property, described as Tax Map 61, Section lC, Parcel 12, contains 6.465 acres, and is located in the Rio Magisterial District on Seminole Trail [Route # 291 across from Fashion Square Mall. The property is zoned Planned Development - Shopping Center (PDSC) and Entrance Corridor Overlay District (EC). The land use is Community Service in Neighborhood 1. (Attachments C & D) SDP 99-073 Shoppers World Ma|or Amendment Critical Slopes Waiver and Internal Circulation Waiver Applicant seeks Planning Commission authorization of the critical slopes waiver for the parking that will be required for the new retail building [Section 4.2.3.2 of the Zoning Ordinance] (Attachment E) and internal circulation waiver [4.12.6.2] to allow for a drive-through window (Attachment F) at McDonald's as described above. The site plan may be approved administratively. CHARACTER OF AREA: The property is located on the western side of Route 29 [Seminole Trail], across from Fashion Square Mall. The development site is internal to Shoppers World, zoned PDSC, Planned Development Shopping Center. There is a First Citizen Bank to the south and a residential neighborhood [Berldey] immediately behind the shopping center. The existing McDonald's will be demolished and a new one will be constructed with a drive-in window. The current McDonald's does not have a drive-through window, The McDonald's is located in the middle of the parking area of the shopping center. It will remain in the same approximate location. The applicant is also proposing to construct a new 10,800 square foot retail building at the intersection of Dominion Drive and Route 29. No new access will be established. Access will occur at the existing entrance to the shopping center which will be improved. The main improvements will be the extension of the two inbound lanes on-site to accommodate the dual lefts from Route 29 coming into the shopping center. They will be extended further into the site without obstruction. The areas of critical slopes are located in the back of the shopping center at the rear of the Whole Food Market building. The area being disturbed is the wooded area behind the existing fence. COMPREHENSIVE PLAN: This area is recommended for Community Service in Urban Neighborhood 1. This proposal is consistent with the Comprehensive Plan. PLANNING AND ZONING HISTORY: Shoppers World Shopping Center was approved by the Board of Supervisors on August 23, 1973. This parcel has received many variances over the past 26 years. REASON FOR PLANNING COMMISSION REVIEW: The drive-through window aspect of this proposal requires a special use permit approval from the Board of Supervisors. In accord with the Zoning Ordinance, the Commission must act on the applicant's request for a modification to allow one-way circulation [4.12.6.2] and critical slopes waiver [Section 4.2.3.2]. STAFF COMMENT: Shoppers World Shopping Center was approved by the Board of Supervisors in 1973. The locatibn of the existing McDonald's was to be constructed as a bank. The position of the McDonald's will change. It will be parallel to Route 29. The ARB has already preliminary review this project and has offered comments on the retail building and the McDonald's. (Attachment G) Staff will comment on the special use permit and site plan separately. SP 99-35 McDonald Drive-In Window Recommendation: Staff has reviewed this request for compliance with the provisions of Section 31.2.4.1 of the Zoning Ordinance and recommends approval subject to conditions. Staff Analysis: 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 adiacent property, The proposed circulation for the drive-thrOugh will not have a detrimental affect to other by-right uses on adjacent properties. The one -way circulation will not have a detrimental impact to the remainder of the shopping center traffic flow or to the adjacent properties. that the character of the district will not be changed thereby, The proposed site is located within an intense commercial district. Restaurants and associated drive-throughs are consistent with other uses in the district. The proposed site is also subject to Albemarle County Architectural Review Board [ARB] review. The applicant is currently in the ARB review process. No major conflicts have been identified during the preliminary ARB review (Attachment G). Staff has included a condition for ARB issuance of a Certificate of Appropriateness prior to the planning staff approval of the major site plan amendment. and that such use will be in harmony with the purpose and intent of this ordinance, Staffhas reviewed this request for compliance of Section 1.4, Section 1.5, and Section 1.6 of the Zoning Ordinance and finds no conflict. with the uses permitted by fight in the district, Staff has identified that the proposed drive-through window is an accessory to a by-right use and is in harmony with other by fight uses located in this primarily commercial district. with additional regulations provided in Section 5.0 of this ordinance, Section 5.0 of the Zoning Ordinance provides no additional regulations. and with the public health, safety and general welfare. The Site Review Committee has identified no adverse affect on public health, safety, and general welfare. The Depaxtment of Engineering finds no major internal traffic circulation concerns with the proposed development. The Virginia Department of Transportation [VDOT] comments can be found in Attachment 1t. VDOT's comments recommend improvements to the internal circulation. Staff supports VDOT's recommendations for the most part and will recommend two of them as a condition of approval (Conditions # 3 & 4, page 4). Staff has also included a condition to ensure that the applicant is responsible for installation and maintenance of necessary control devices. (Condition #2, page 4) Staff recommends the construction of sidewalks along Dominion Drive adjacent to this site to tie into the Route 29 sidewalk and also to extend the sidewalk from the Rt. 29 entrance into the site. These improvements will better accommodate existing and future pedestrians attracted to the restaurant and new retail area. The recently completed Route 29 Pedestrian Study recommended this type of improvement. Summary: Staff has identified the following factors which are favorable to this request: 1. Consistent with the provisions of the Comprehensive Plan; 2. Consistent with Section 32.2.4.1 of the Zoning Ordinance; 3. The proposed use will not cause substantial detriment to adjacent properties; and, 4. The proposed use will not change the character of the district. 3 Staff has not identified any factors which are unfavorable to this request. Staff finds that the proposed use of drive-through windows is an acceptable and expected accessory to a restaurant of this type. Recommended Action: Staff recommends approval of the proposed drive-in windows with conditions. Recommended Conditions of Approval: 1. Issuance of a certificate of appropriateness from the Architectural Review Board; Applicant is responsible for installation and maintenance of control devices such as by-pass lanes, signage, and pavement makings as indicated on the site plan amendment; Extend the two inbound lanes beyond the McDonald's entrance as shown in preliminary site plan dated July 12, 1999; and Extend sidewalk from Route 29 north along the north side of Dominion Drive adjacent to this site and into the shopping center from Route 29 for pedestrian access to McDonald's. SDP 99-073 Shoppers World Major Site Plan Amendment Staff will discuss each waiver request separately. With planning commission approval of these waivers, the major site plan amendment can be administratively approved. Waiver for Critical Slopes: The applicant proposes to grade and construct on critical slopes (Attachment E). Section 4.2.3.2 of the Zoning Ordinance restricts earth-disturbing activity on critical slopes and section 4.2.5.2 allows Planning Commission modification of this restriction upon finding that strict application of the restriction would not forward the purposes of the Zoning Ordinance. The majority of the disturbance will take place in the area behind the fence between Whole Foods Market and the proposed location of the new building. The critical slopes are the shaded areas on Attachment A. The Engineering Department has addressed the provisions of Section 4.2 of the Zoning Ordinance and supports this request (Attachment I). The existing slopes are man-made, resulting from prior grading on the site. Staff finds there is no aesthetic resource in the man-made slopes that are proposed for disturbance except for vegetation that has overgrown the area and provides some screening benefit to adjacent properties. Staff will recommend replacement screening as a condition of the critical slope waiver. Planning staff finds no conflict with the proposal and recommends approval. Waiver for Internal Circulation: The applicant is requesting a waiver for one-way internal circulation, due to the use of the drive- through window at McDonald's. Section 4.12.6.2 of the Zoning Ordinance states a one-way circulation aisles shall not be permitted, except that the commission may approve one-way circulation in such case where the same is necessitated by peculiar character of the site or of the proposed is such as but not limited to uses involving drive-in windows and automobile laundries. The Site Review Committee has reviewed the applicant's proposal for installation and maintenance of control devices such as bypass lanes, signage, and pavement markings, and recommends approval of the internal circulation waiver request. Staff finds the request for one- way circulation to be an acceptable and expected accessory to fast food restaurants. 4 Recommended Action: Staffhas reviewed this request for compliance with the provisions of the Zoning Ordinance and recommends approval of the internal circulation waiver and the critical slopes waiver requests. The applicant shall replant the area that provides screening to the adjacent residential areas with landscape screening. The replacement landscape screening shall meet the approval of the Department of Planning and Community Development. ATTACHMENTS: A. Site Plan B. Applicant's special use permit application for the drive-in window C. Tax Map D. Location Map E. Applicant's Critical Slope Waiver Request F. Applicant's Internal Circulation Waiver Request G. ARB Preliminary Comments H. VDOT's Comments I. County Engineering Department Response to Critical Slopes Waiver Request A:kMc Donald SP99-35.doc ./ ATTACHMENT A · What is the Comprehensive Plan designation for this property? Community Service · How will the proposed special use affect adjacent property? The use will have no negative affect on adjacent property. The adjacent properties are used for retail and commercial services. Customers of these adjacent businesses may benefit from the convenience of the proposed use. In addition, the revisions to the site plan which accompany this request will improve the parking and traffic circulation within Shoppers' World Shopping Center which will benefit such adjoining uses. · How will the proposed special use affect the character of the district surrounding the property? ' The character of the surrounding district is defined by businesses with a highway orientation. The proposed use is consistent with such uses and character. · How is the use in harmony with the purpose and intent of the Zoning Ordinance? One of the purpoges of the ordinance is "to improve public...safety, convenience and welfare..." (1.4) The proposed use improves convenience for shoppers at this location, as well as commuters and travelers on Route 29 North. The revisions to the site plan which accompany this request also will improve safety. · How is the use in harmony with the uses permitted by right in the district? The proposed use is customary for highway commercial uses such as those permitted bY right in the district. Eating establishments and so-called fast-food restaurants' typically include drive-through services to better serve commuters, travelers and customers of other businesses permitted by right within the district. · What additional regulationsprovided in Section 5. 0 of the Zoning Ordinance apply to this use? None · How will this use promote the public health, safety andgeneral welfare of the community? The proposed use improves convenience for the general public as well as for those patrons of the shopping center. OkldERS ArPnOVAL The euAdlvlston of the lend described herein Il with the free consent and in eccordancs wtth the desire of the undersigned owners. proprietors, end trustees. Any reference tn future potenti4l development is to be deemed se theoretical oflly. All statements affixed to this plat are true and cm'rect to the best of my knovledqs. Ot'tE~, 9L~T~5' PK~LD, L.~. P.~. BOX 22 I~1', VII~.~II'~A ;21~445 ON US. I~qTtE 2~. A FllR.D ~ ~ I~QT, A~I,~ll ~40 6ALE C~l ,a~RJL ID, Iqq6. APPIIOVED FOR I1ECOffiATION OInEClOfi OF PtA~ff~lm DATE- U. 5. ROUTE ROUDABU5tt, 6ALE AND A550CIATES A PROFE5510NAL CORPORATION ~VEYOP..5, PLANNERS, EN611'IEER5 q14 HONTICELLO ROAD CHARLOTTESVILLE, VIR61NIA POINT Cf ~--~11~#1~ 2q F'LAT 5HOHIN~ TIlE DIVISION OF TI'4P 61IH (12) lC, AL~9 KUOI~I A~ '~t ~'S ~P' CONTAININ6 IHTO PARCEL 'X' AND PARCEL Y' 5.q61 ACRES LOGA~ ON U.~. CHA~O~SVILLE AL~EHAR~ G~, VIRSINIA A43'39'56' R-3§. 00' A-26.67' 5~,4 '29'35"H Lc-;?6.03' ,JULY I'I, Iqq6 SCALE 1' - tOO' FILE r~H4 RALPH L. FEIL DAVID H. PETTIT J. PAC~E '~ILLIAMS CATHERINE J. '~,VOMACK RICHARD HOWARD-SMITH FRED O. WOOD, JR. DAVID B. FRANZI~N FELL, PETTIT ~ V~ILLIAMS, P.L.C. ATTORNEYS AT LAW 530 EAST MAIN STREET P. O. BOX 2057 CHARLOi-I'~'r~-~ ~;= VIRGINIA 22902-2057 May 20, 1999 TELEPHONE (804) 979-1400 TELECOPIER (804) 977-5109 FIRM E-MAIL Fp'~x~OFp'~rLAW. COM INTERN ET County of Albemarle 401 McIntire Road Charlottesville, VA 22902 In re: Shoppers' World, L. C. Gentlemen: This f'm'n represents Shoppers' World, L. C. and I am the registered agent of this Virginia limited liability company. I understand that a question has come up regarding the authority of Michael B. McGowan to act for Shoppers' World, L. C., the owner of Shopper's World Shopping Center on 29 North. Let me confn'm that, after a review of the Articles and the Operating Agreement, we are of the opinion that Mr. McGowan is the Manager of Shoppers' World, L. C. and authorized in that capacity to sign documents on behalf of Shoppers' World, L. C. necessary to request a special use permit for the McDonald's restaurant in the Center. Should you need additional information, please don't hesitate to contact me. JPW/me cc: Mr. Michael B. McGowan Steven W. Blaine, Esq. Counsel for McDonald's Inc. BUCK MTN, RUCgERSVILLE / / EARLYSVr I 6 I / Ira, I I I S.P-99-35 McDon,alds Drive-In (Sign # 69 & 70) ? TO ATTACHMENT D A.LNRO3 Muncaster Engineering ATTACHMENT E 1740 Lambs Road Charlottesville, Virgu-ua 22901 Phone: (804) 978-7879 Fa,x: (804) 973-0249 e-mail: Tmuncastcr~aol.com June 25, 1999 Mr. Suandiego Wade, Senior Planner Department of Engineering & Public Works 401 Mclntire Road Charlottesville, VA 22902-4596 Re: Shoppers World Dear Mr. Wade: via fax I am requesting a waiver of section 18-4.2 of the Zoning Ordinance regarding critical slopes. The Ordinance states that "These provisions are created to implement the comprehensive plan by protecting and conserving steep hillsides together with public drinking water supplies and flood plain areas and in recognition of increased potential for soil erosion, sedimentation, water pollution and septic disposal problems assoeaated with the development of those areas described in the comprehensive plan as critical slopes." This site does not dram to one of our public drinking water supplies, it is not near a floodplain and this site will be served by public sewer. All of the critical slopes are man-made. A minimum amount of critical slopes will be disturbed and the building is not proposed in an area of critical slopes. Movement of soil and rock will not be a concern as the site will be built up with using a small retaimng wall on the downhill side. The proposed development will control runoff with a stormsewer system and bmp. Siltation will be controlled to the maximum extent possible by proper erosion control measures during construction and proper stabilization afterward. The slopes in question are man-made and will be no loss of aesthetic resource. The site ~s served by public sewer. Section 4.2.5.2 allows the Planning Commission to grant a waiver if "Strict application of the requirements would not forward the purposes of this ordinance or otherwise serve the public interest or that alternatives proposed by the developer would satisfy the purposes of section 4.2 to at least an equivalent degree". The proposed grading will flatten the slopes and lessen the chance for soil erosion which will be addressed with an erosion control plan. Sincerely, W. Thomas Muncaster, Jr., P.E. Wade 6-25-99.doc ATTACHMENT F Muncaster Engineering 1740 Lambs Road Charlottesville. Virginia 22901 Phone: (804) 978-7879 Fax: I804) 973-0249 e-mail: Tmuncaster(~aol.com July 2, 1999 Mr. Iuandiego Wade, Senior Plarmer Department of Enganeering & Public Works 401 Mclntire Road Charlottesville, VA 22902-4596 Re: Shoppers World via fax Dear Mr. Wade: I am requesting a waiver of section 18-4.12.6.2 of the Zoning Ordinance regarding one-way circulation. The Ordinance states that "One-way circulation aisles shall not be permitted, except that the commissmn may approve one-way circulation in such case where the same is necessitated by the peculiar character of the site or of the proposed use such as but not limited to uses involving drive-in windows..." I am requesting one-way circulation for the drive-in window on this site plan as the use requiring the waiver is expressly called out in the ordinance and is typical for this type use. Please gave me a call if you have any questions or comments. Sincerely, W Thomas Muncaster, Jr., P.E. Wade 7-2-99.doc Albemarle County Development Departments SDP-1999-073 SPIN Submission and Comment Shoppers World Major Amendment Architectural Review Board preliminary ARB review 6/21/99 ATT ACI-IMENT G revision~ reviewer received reviewed decision Margaret Pickart 5/24199 6/24/99 requested changes The Albemarle County A~chitectural Review Board, at its meeting on June 21, 1999, corn pleted a preliminary review of the above-noted request to replace the existing McDonald's restaurant and construct a new retail building in the Shopper's World shopping center. The Board offered the following comments for the benefit of the applicant's final submission. Please note that the following comments are those that have been identified at this time. Additional comments may be added or eliminated based-on further review and changes to the plan. McDonald's 1. Remove the roof beams from the design. 2. Green metal is an appropriate roof covering. The McDonald's roof should match the retail building roof. 3. The long band of windows on the north elevation achieves a modem appearance that is inappropriate forthe EC. Add masonry piers at the .comers of the elevation and at intervals between storefront windows. 4. Continue the masonry accent course at the cornice-line the full length of the elevations. 5. The proposed bdck and'block are lighter in color than masonry traditionally used in this area. The masonry colors proposed for the retail building are more traditional in appearance. Coordinate the masonry with the retail building. 6. The parallel orientation of the building is appropriate, but the drive-through elevations are not appropriate for the EC. These elevations retain the character of a service area, which is inappropriate for the EC. The building should be oriented so that these elevations face away from the EC, or the elevations should be treated with architectural elements that will make Dthem appropriate in appearance. The blankness of the elevations should be minimized by adding elements other than signage. The focus should not be on signs and drive-through [3windows. The applicant is encouraged to add windows, add masonry accent courses, add other architectural elements, and reconsider/relocate wail signage. 7. Provide details on signage related to the drive-through. The visibility of this signage from the EC should be minimized. 8. Provide a detail of the dumpster screen. It should be compatible with the building. 9. Add landscape screening around the dumpster. 10. Additional landscaping islands placed between the building and the road could help soften the appearance of the building. 11. Landscaping beyond that which is the standard requirement for Entrance Corddor properties will be necessary to soften the appearance of this development. 12. Channel letters are preferred over channel letters on a panel. Provide complete information on all proposed signage. Coordinate all signs with the Zoning Department. 13. Provide revised matedal and color sam pies. 14. Divided-light windows are appropriate; however, snap-in muntins do not convey the appropriate appearance. Window material and division is an important element of the design. Provide window details. Retaii Building 6/30199 11:11 AM Page 1 of 2 Albemarle County Development Departments SDP-1999-073 SPIN Submission and Comment Shoppers World Major Amendment Architectural Review Board preliminary ARB review 6/21/99 revision.1 reviewer received reviewed decision Margaret Pickart 5/24/99 6/24/99 requested changes 1) Provide specs on all rnatedals and colors. 2) A dark green metal roof'is appropriate. The roofs of the retail building and the McDonald's should match. 3) Provide a wall section and a perspective sketch of the building as viewed from the EC to cladfy the overall appearance, the roof form, the relationship between the roof and the piers, and the relationship between the towers and the main building. 4) Show that mechanical equipment will not be visible from the EC. 5) Wall fixtures should be fully shielded. 6) Add landscaping at the building to screen the blank portions of the southern elevation. 7) Add trees along the EC and along Dominion Ddve to achieve the required spacing. 8) Provide complete information on proposed signage. Site : 1) Provide a color perspective sketch of the development as viewed from the EC. 2) Provide a complete landscape plan that meets the ARB requirements and addresses all other landscaping concerns listed above. 3) Provide complete information on site lighting. Your application for final ARB review may be made at your earliest convenience. Revised drawings addressing the comments listed above will be required. A submission and review schedule, an application, and a checklist are attached for your convenience. 6/30/99 11:11 AM Page 2 of 2 ~)AVID R. GEHR COMMISSIONER ATTACHMENT H COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 701 VDOT WAY CHARLOTTESVILLE, 22911 A. G. TUCKER RESIDENT ENGINEER June 24, 1999 July Public Hearing Submittals Mr. David Benish Dept. of Planning & Community Development 401 Mclntire Road Charlottesville, VA 22902 Dear Mr. Benish: Please find our comments for the July public hearings listed below: ZTA=99-05 Chap 18~ Sect 4.6.3.4 = Alley setback requirements The submittal does not include proposed language of amendment. not impact sight distance and other operational characteristics including the private road / alley in vicinity of intersection with public road. maintaining adequate sight distance requirements along private road / alley. Amendment change should of public roadway system, Recommend SP-99-35 McDonalds Driye-In~ Route 29N Our major concern is the operation of the main shopping center entrance along Route 29N. We agree that relocating the McDonalds / new restaurant "entrance" intersection further away from Route 29N will improve traffic flow at the main entrance. However, we offer these additional comments: At the main shopping center entrance, the proposed curbed median appears to reduce the width of the inbound double LT lanes from Route 29N to eleven feet. Any proposed improvements must not reduce the current inbound lane widths, and we recommend widening if possible. Therefore, a solid double yellow line should possibly be considered instead of this median to maximize inbound lane width. The proposed plans show a lane drop at the McDonalds entrance intersection, combining lane merge conflicts and turning movement conflicts at this one location. The lane drop should be configured to balance traffic between the two inbound lanes, and the plans should indicate this lane configuration along the whole length of the shopping center entrance. It is recommended that the two inbound lanes extend beyond the McDonalds entrance, as this will separate the heavier McDonalds turning movements from the lane drop merging conflicts. RE.CEIVED JUN 2 4 1999 TRANSPORTATION FOR THE 21ST CENTURY Page 2 Appropriate stop and lane drop signs, striping and pavement markings are recommended along the main shopping center entrance and at the McDonalds entrance. Turn arrow pavement markings along outbound lanes at main entrance must clearly indicate left turn and right mm only respectively (i.e. - no thru movement allowed into Albemarle Square shopping center). Extension of sidewalk along Route 29N for pedestrian access into McDonalds site is recommended. SP-99-36 Foxfield - CV202 Route 601 An entrance permit to state highway is required from VDOT for th~s commercial use. If there is an existing entrance permit for non-commercial use, it must be updated by VDOT for commercial use. Adequate sight distance and approved commercial entrance is required. SP-99-37 East Glenmore - CV226~ Route 250E An entrance permit to state highway is required from VDOT for this commercial use. If there is an existing entrance permit for non-commercial use, it must be updated by VDOT for commercial use. Adequate sight distance and approved commercial entrance is reqmred. SP-99-38 Covesville - cy. 141, Route. 838 An entrance permit to state highway is required from VDOT for this commercial use. If there is an existing entrance permit for non-commercial use, it must be updated by VDOT for commercial use. Adequate sight distance and approved commercial entrance is required. SP-99-39 Beilair - CV142, Route 250W An entrance permzt to state highway is required from VDOT for this commercial use. If there is an existing entrance permit for non-commercial use, it must be updated by VDOT for commercial use. Adequate sight distance and approved commercial entrance is required. SP-99-40 Crossroads - CFW CV143, Route 29S An entrance permn to state highway is required from VDOT for this commercial use. If there is an existing entrance permit for non-commercial use, it must be updated by VDOT for commercial use. Adequate sight distance and approved commercial entrance is required. SP-99-41 Cook Mountain - CV144, Route 804 An entrance permit to state highway is required from VDOT for this commercial use. If there is an existing entrance permit for non-commercial use, it must be updated by VDOT for commercial use. Adequate sight distance and approved commercial entrance is required. SP-99-42 Dunlora Pond, Route, 1177 No comment at this time. ATTACHMENT I COUNTY OF ALBEMARLE Department of Engineering & Public Works MEMORANDUM TO: FROM: DATE: RE: Juandiego Wade, Senior Planner Glenn E. Brooks, Senior Engineer ~ 6 July !999 Shoppers World, critical slope waiver The letter requesting a waiver to develop on areas of critical sloeps received on 28 June1999 has been reviewed. There are two areas of critical slopes on the site. The first is a small roadside slope along Route 29. This is insignificant with regard to the concerns of the Zoning Ordinance. The second is an overgrown area in back of the existing shopping center. It was created with the grading for the existing travelway behind the shopping center. It covers about 4,650 square feet, about 800 square feet of which will remain undisturbed. The area will be filled to create space for more parking behind the shopping center. Below, each of the concerns of section 4.2 of the Zoning Ordinance is addressed: "movement of soil and rock" Proper slope construction for the new parking area will prevent any movemem of soil. "excessive stormwater runoff' Stormwater mnoffwill not change significantly in this area. "siltation" Inspection and bonding by the County will ensure siltation control during construction. Proper stabilization and maintenance will ensure long term stability. "loss of aesthetic resource" This area is visible from Dominion Drive. appearance. Site plan landscaping may improve its "septic effluent" This is not a concern. Based on the review above, approval of'the waiver to develop on areas of critical slopes is recommended. Please contact me if you have questions or require additional information. Copy: SDP-99-073 File: ShoppersWorld.csw.doc July 30, 1999 COUNTY OF ALBEMARLE Department of Planning & Community Developlget~l~q~l~M,3_l Cl ~, dO 401 Mclntire Road, Room 218 ou,,.,~,,~, ~. Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4035 Willie Mae Perkins Permit Me 607 Kelly Avenue Charlottesville, VA 22902 SP-99-43 Arby's ~ Forest'Lakes Tax Map 46B4, Parcel 9 SDP-99-083 Arby's Preliminary Site Plan Dear Ms. Perkins: The Albemarle County Planning Commission, at its meeting on July 27, 1999, 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. Drive-through windows will be limited to one [ 1 ]; and, 2. Architectural Review Board issuance of a Certificate of Appropriateness. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on September 8, 1999. 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. SDP-99-083 Arby's Preliminary Site Plan - The Planning Commission unanimously approved the internal circulation waiver request in accordance with Section 4.12.6.2 of the Zoning Ordinance, subject to the following condition: Applicant is responsible for installation and maintenance of control devices such as by- pass lanes, signage, and pavement makings as indicated on the site plan amendment. Page 2 July 30, 1999 If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Eric Morrisette, AICP Senior Planner EM./jcf Cc: Ella Carey Amelia McCulley Jack Kelsey Steve Allshouse DHS Associates, LLC STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: ERIC L. MORRISETTE JULY 27, 1999 SEPTEMBER 08, 1999 SP 99-43 ARBY'S AT FOREST LAKES and SDP 99-083 ARBY'S PRELIMINARY SITE PLAN APPLICANT'S PROPOSAL: The applicant is proposing to construct a restaurant of approximately 3,200 square feet with one drive-through window. Attachment A is a reduced copy of the site plan. PETITION: SP 99-43 Arby's at Forest Lakes The applicant petitions the Board of Supervisors to issue a special use permit for a drive-through window [Sections 31.2.4 and 25.2.2.4 of the Zoning Ordinance] associated with a fast food restaurant, to be constructed on 0.841 acre zoned PD-SC, Planned Development - Shopping Center, and EC, Entrance Corridor (Attachment D). Property, described as Tax Map 46B4, Parcel 9 is located on the eastern side of Route 29 North [Semi.nole Trail], at the entrance of the Forest Lakes development (Attachments B and C). This site is located in the Rivanna Magisterial District and recommended for Regional Service in the Hollymead Community. SDP 99-083 Arby's Preliminary Site Plan Applicant seeks Planning Commission authorization of an internal circulation waiver [Section 4.12.6.2 of the Zoning Ordinance] to construct a fast food restaurant with one drive-through window as described above. CHARACTER OF AREA: The property is located on the eastem side of Route 29 North [Seminole Trail], at the entrance to the Forest Lakes development (Attachment C). The site is adjacent to a vacant parcel also zoned PD-SC, to the north. The Forest Lakes Shopping Center is located to the east. Property zoned Highway Commercial is adjacent to the south and west. The subject parcel fronts Timberwood Boulevard and Route 29 North. This site is currently vacant and was graded with the construction of the Forest Lakes Shopping Center. The proposed entrance is off of a main travelway, which runs through the shopping center. This proposal also allows for an internal connection with the vacant parcel to the north. D:\ COMPREHENSIVE PLAN: This area is recommended for Regional Service in the Hollymead Community. Restaurants are a listed use in Regional Service Areas. This proposal is consistent with the Comprehensive Plan. PLANNING AND ZONING HISTORY: None of significance. The prior Forest Lakes Shopping Center rezoning restricted access points on Route 29. Therefore, the subject parcel will not have direct access to Route 29. REASON FOR PLANNING COMMISSION REVIEW: The drive-in aspect of this proposal requires special use permit approval by the Board of Supervisors. In accord with the Zoning Ordinance, the Commission must act on the applicant's request for a modification to allow one-way circulation [4.12.6.2]. STAFF COMMENT: Staff will comment on the special use permit and site plan separately. SP 99-43 ARBY'S AT FOREST LAKES Recommendation: Staff has reviewed this request for compliance with the provisions of Section 31.2.4.1 of the Zoning Ordinance and recommends approval subject to conditions. Staff Analysis: Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance. Thc 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 ma)~ be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent propert¥~ The proposed use of a drive-through will not have a detrimental affect to other by-right commercial uses on adjacent properties. that the character of the district will not be changed thereb¥~ The proposed site is located within a rapidly developing commercial district. Restaurants with drive-throughs have been anticipated as an acceptable use in this district. The proposed site is also subject to Albemarle County Architectural Review Board [ARB] review. The applicant is currently in the ARB review process. No major conflicts have been 2 identified during the preliminary ARB review. Staffhas included a condition for ARB issuance of a Certificate of Appropriateness prior to the Planning Staff approval of the final site plan. and that such use will be in harmony with the purpose and intent of this ordinance, Staffhas reviewed this request for compliance of Section 1.4, Section 1.5, and Section 1.6 of the Zoning Ordinance and finds no conflict. with the uses permitted by right in the district, Staff has identified that the proposed drive-through is an accessory to a by-right use and is in harmony with other by right uses located in this primarily commercial district. with additional regulations provided in Section 5.0 of this ordinance, Section 5.0 of the Zoning Ordinance provides no additional regulations. and with the public health, safety and general welfare. The Site Review Committee has identified no adverse affect on public health, safety, and general welfare. The Department of Engineering finds no major internal traffic circulation concerns with the proposed development (Attachment E). Unrelated to the drive-through, the Virginia Department of Transportation [V.D.O.T] is requiring that the applicant complete a traffic impact study to analyze the peak capacity levels of Timberwood Boulevard. The traffic study has been made a condition of final site plan approval. Any sitemodifications that are necessary to accommodate capacity issues can be handled through the site plan process. Summary: Staff has identified the following factors, which are favorable to this request: 1. Consistent with the provisions of the Comprehensive Plan; 2. Consistent with Section 32.2.4.1 of the Zoning Ordinance; 3. The proposed use will not cause substantial detriment to adjacent properties; and, 4. The proposed use will not change the character of the district. Staff has not identified any factors, which are unfavorable to this request. Staff finds that the proposed use of a drive-through window is an acceptable and expected accessory to a fast food restaurant. Recommended Action: Staff recommends approval of the proposed drive-through window with conditions. 3 Recommended Conditions of Approval: 1. Drive-through windows will be limited to one [1]; and, 2. Architectural Review Board issuance of a Certificate of Appropriateness. SDP 99-83 ARBY'S PRELIMINARY SITE PLAN The Site Review Committee has reviewed this site plan and may grant administrative approval subject to the Planning Cormnission waiver of Section 4.12.6.2 of the Zoning Ordinance [One- way circulation]. The applicant is requesting a waiver for one-way internal circulation, due to the use of the drive-through window. Section 4.12.6.2 of the Zoning Ordinance states "One-way circulation aisles shall not be permitted, except that the commission may approve one-way circulation in such case where the same is necessitated by the peculiar character of the site or of the proposed use such as but not limited to uses involving drive-in windows and automobile laundries". The Site Review Committee has reviewed the applicant's proposal for installation and maintenance of control devices such as bypass lanes, signage, and pavement markings, and recommends approval of the intemal circulation waiver request. Recommended Action: Staffhas reviewed this request for compliance with the provisions of the Zoning Ordinance and recommends approval of the internal circulation waiver request, subject to the following condition: Recommended Conditions of Approval: Applicant is responsible for installation and maintenance of control devices such as by- pass lanes, signage, and pavement makings as indicated on the site plan amendment. ATTACHMENTS: A - Site Plan B - Tax Map C - Location Map D - Applicant's Special Use Permit Request and Justification E - Engineering Comments F - V. D. O. ~T. Comments 4 © 5 I ATTACHMENT A / / ? / IATTACHMENT A [ ALBEMARLE COUNTY tATTACHMENTB J T~M~ER WOOD ,SDP 99-083 A~'by's Prel/m/nary $/te Pla:: I~Zo STC TAX M~. FOREST LAKES f'luse B - Toweao,.mes Phale C Forest Ridge D8 1444 pg 42Z. O, 8. 1052 RIVANNA DISTRICT SECTION ,NTAIN BUCK MTN. Albemarle Mills 6 5 11 .O'FFES- I/ II I 4 ,County of Albemarle OFFICE U~E ONLY siS~n~ ~' q '~ 0~0(~ q ..6 o:o Department of Building Code and Zoning Services Mag. Dist. Application for Special Use Permit (*stuff will ~sist you ~ ~ese ite~) Number of a~es m ~ cover~ by Spe6~ Use Pe~t tu, ~ ~.m ~ ~ ~ ~o Is this an amendment to an existing Special Use Permit? Are you submitting a site development plan with this application? ~ Yes. No ~Yes~ No Owner of land (As listexl in th. County's records): ~0 ~-'e~'~ ~-, .~k e-~"~ Daytime Phone (~.~.~.) q'Tq--c]~''00 Fax# E-mail Applicant(whoisthecontaetpei~on.presen~ing?Whoisr~uestingthespecialus¢?): ~)~ ? i~/'.SSOCIPi-~I~'S ]./,.LC Address ~. 0.~/~( '~c~2, Cityd*'ff/~ State 1/~ ZipZ~0~ Daytime Phone (~'0~) ~ 7g"~O 10 Fax# 6~'~g"~-O~"'f E-mail 'l]~'/~6*&..~J'~"~ Tax map and parcel ~b~;~- c~ Physical Address (if assigned) Does the owner of this property own (or have any ownership interestin) any-abutting property? If yes, please list Ith°se tax map andparcel numbers ~ OFFICE USE ONLY Fee amount $"~.bO History: {2 Special Use Permits: Date Paid .Y"{°7'~O Check # O ZMAs and Proffers: Receipt # Variances: ~1 Letter of Authorization Conctirrent review of Site Development Plan? ~ Yes XNo 401 McIntire Road o:. Charlottesville, VA 22902 o:o Voice: 296-5832 *:. Fax: 972-4126 i ATTACHMENT D i Section 31.2.4.1 of the Albemarle County Zoning Ordinance states that, '~l:he 0oarct Ot supervlsOl'g 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 supervisor%. that such use will not be of substantial detriment to adjacent property, that the character of the distrk will not be changed thereby and that such use' will be in harmony with the purpose and intent of this ordinance, with the uses permitted by right in the district, with additional regulations provided in section 5.0 of this ordinance, and with the public health, safety and general welfare. The items which follow will be reviewed by the staff in their analysis of your request. Please complete this form and provide additional information which will aSsist the County in its review of your request. If you need aSsistance filling out these items, staff is available. What is the Comprehensive Plan designation for this property? ~:~0 How will the proposed special use affect adjacent property? ?[~ .a c ,,,/~Q.. ~ How will the proposed special use affect the character of the district surrounding the property? ..~'r~ c~ r~.~,- :5 ~ How is the use in harmony with the purpose and intent of the Zoning Ordinance? What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use? How will this use promote the public health, safety, and general welfare of the community? / ~ 2 [ATTACHPIENT D · Describe ~our request in detail and include all pertinent information such as the numbers oi persons involved in the use, operating hours, and any unique features of the use: ! ATTACHMENTS REQUIRED - provide two(2) copies of each: Recorded plat or boundary survey of the property requested for the rezoning. If there is no recorded plat or boundary survey, please provide legal description of the property and the Deed Book and .page number or Plat Book and page number. Note: If you are requesting a special use permit only for a portion of the property, it needs to be described or delineated on a copy of the plat or surveyed drawing. Ownership information - If ownership of the property is in the name of any type of legal entity or organization including, but not limited to, the name of a corporation, partnership or association, or in the name of a trust, or in a fictitious name, a document acceptable to the oSunty must be submitted certifying that the person signing below has the authority to do ~. 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 certify that I own the subject property, or have the legal power to act on behalf of the owner in filing this application. I also certify that the information provided is tree and accurate to the best of my SignatUre Printed Name ,ff'. Date Tz-qo/0 Daytime phone number of Signatory 3 Albemarle County Development Departments SPIN Submission and Comments Engineering Revision #1 ATTACHMENT E SDP-1999-083 Arby's Preliminary Site Plan revision 2 reviewer received reviewed decision Andre Williams 6/28/99 7/9/99 approved TO:Eric Morrisette, Planner FROM:Andr6 S. Williams, Senior Engineer DATE:9 July 1999 RE:Arby's at Forest Lakes - Preliminary Site Plan (SDP-99-083) The Preliminary Site Plan received on 29 June 1999 has been reviewed. The previous comments have been addressed. Therefore Albemarle County Engineering recomm ends approval of the preliminary site plan. Final site plan approval shall be subject to Albemarle County Engineering approval of final site plan requirements and the following conditions: [Each item is preceded by the applicable reference to the Zoning Ordinance unless otherwise specified.] A.[32.6.1 .] The plan shall be sealed, signed and dated by an architect, professional engineer, land surveyor with 3(b) license, or landscape architect licensed to practice in the Commonwealth of Virginia. B.[32.6.6.d.] Albemarle County Engineering approval of grading plans and drainage computations. Provide spot elevations. C.VDOT approval of plans. D.[19.3, Article III Stormwater Management and Water Quality] Albemarle County Engineering approval of a Stormwater BMP Plan. Provide an application, fee, two (2) plans, and computations. Confirm stormwater detention and water quality can be provided in the pond near the Forest Lakes Townhouse C Section. According to our records, the ponds in Forest Lakes were designed for stormwater detention only. In the event water quality can not be provided in the pond, an on-site measure must be provided. E.[32.7.4.3.; 19.3, Article II Erosion and Sediment Control] Albemarle County Engineering approval of an Erosion and Sediment Control Plan. F.Albemarle County Engineering receipt of a stormwater management/BMP maintenance agreement, if applicable. If you have any questions concerning this subject, please contact Jack Kelsey or me at 296-5861. ASW/ File: williams/ARBYSFL1 .PSP 7/20/99 08:17 AM Page I of 1 Steven W. Blaine swblaine~mwbb, com McGum WooDs BATI &BOOTI-IE LLp Court Square Building 310 Fourth Street, N.E., Suite 300 Post Office Box 1288 Charlottesville, Virginia 22902-1288 Telephone/TI)I) (804) 977-2500 · Fax (804) 980-2222 August 27, 1999 Direct Dial: (804)97%2588 Direct Fax: (804)980-2251 VIA FACSIMILE 972-4012 Ms. Susan E. Thomas Senior Planner County of Albemarle Department of Planning and Community Development 401 McIntire Koad Charlottesville, VA 22902 Re: SP-99-44; Riverbend Garden Apartments Tax Map 7& Parcel 17A Dear Susan: To follow our telephone conversation yesterday, on behalf ofMetzger & Co., we propose the following changes to the conditions for issuance of the Special Use Permit: ·.. 2. Site plan approval for this property shall be contingent upon VDOT approval of intersection plans, to include signalization, at the intersection of Riverbend Drive and South Pantops Drive; the Applicant shall participate in costs associated with instrumentation needed for traffic management related to traffic impacts from the proposed apartmems. 3. The Applicant shall meet all requirements set forth in the June 24, 1999 letter from VDOT (as may be modified, with VDOT's approval) related to intersection design at Riverbend Drive and South Pantops Drive only. As you heard from our discussion, Ms. Tucker of VDOT feels quite certain that funding and design for the signalization will occur contemporaneous with construction of the project, so long as the. County approves the signalization as part of the proposed six-year road plan www. mwbb.c0m .d3~l'Y · ATIA,WA · BALTIMORE · BRUSSELS · CHARLOTTE · CIIARLU1W3'VlI, IZ · CHICAGO. JACKSONVILLE · MOSCOW · NORFOLK · RICHMOND · TYSONS CORNER · W~SH~',,'GTON · Zi]P, ICH (01: COL.'.'.'.'.'.'.'.'.'XSEL) Ms. Susan E. Thomas August 27, 1999 Page 2 All other terms and conditions set forth in your letter to me of August 2 are acceptable to our client. ~ ~ vein w. marne SWB:hll CC: Mr. Nathan Metzger Ms. Angela G. Tucker Mr. Bill Mills August 2, 1999 COUNTY OF ALBEMARLE Department of'Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4035 Steven W. Blaine, Esquire McGuire, Woods, Battle & Boothe, LLP 310 Fourth Street, NE, Suite 300 Charlottesville, VA 22902 SP-99-44 Riverbend Garden Apartments Tax Map 78, Parcel 17A (part of) Dear Mr. Blaine: The Albemarle County Planning Commission, at its meeting on July 27, 1999, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: Riverbend Garden Apartments shall be developed and operated in general accord with this Application for Special Use Permit (and attachment) dated May 17, 1999 and initialed "SET 6/17/99," herein included as Attachment C. and with the [reduced] Concept Plan dated July 26, 1999 and initialed "SET 7/27/99", herein included.as Attachment B, not to exceed a total of 143 apartment units. The development of the Riverbend Garden Apartments does not prohibit the development of the area identified in the concept plan as "potential C-1 development," with uses allowed as a matter of right or by special use permit through applicable zoning regulations. Site plan approval for this property shall be contingent upon VDOT approval of intersection improvements, to include signalization, at the intersection of Riverbend Drive and South Pantops Drive; the applicant shall participate in costs associated with instrumentation needed for traffic management related to traffic impacts from the proposed apartments. 3. The applicant shall meet all requirements set forth in the June 24, 1999 letter from VDOT related to intersection design at Riverbend and South Pantops Drives; A dedication of greenway shall be made along the edge of the Rivanna River from the shared boundary between Parcels 17A and 17Al (Route 250), and to the shared boundary of Parcels 15C1 and 17G4; this dedication shall be made at the time of site plan approval, based on agreement between the applicant and staff as to specific alignment. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on September 8, 1999. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Senior Planner SET/jcf Cc: Ella Carey Jack Kelsey Amelia McCulley Steve All shouse Page 3 SP-99-43 Arbv's at Forest Lakes~ Route 29N I ATTACHMENT F J Page 3 SP-99-43 Arby's at Forest Lakes, Route 29N IATTACHPIENT F I A traffic impact study is required for the proposed Arby's restaurant and drive thru. The Forest Lakes Traffic Assessment dated July 17, 1997 (prepared by Wilbur Smith Associates), can be used as a reference for this study. The operation of all entrances into the shopping center should be analyzed, including capacity analysis for AM and PM peak hours. The major concern is the operation at the main entrance along Timberwood Blvd, including the adjacent service road serving the proposed Arby's. The need for a traffic signal for this main entrance at Timberwood BIvd within the 10 year study period should be addressed. The study should assume full buildout of ali shopping center parcels as well as full buildout of proposed development along Fortune Park, using ITE (6'h Ed.) trip generation rates. Future traffic projections along the adjacent roadway system should be estimated for a ten year period (i.e., 2009). New AM and PM peak period traffic counts should be performed at the main entrance into the shopping center. If desired, VDOT would tike to discuss these issues to insure that our concerns are addressed in this study. A sign indicating "Do Not Block Intersection" should be placed for outbound traffic prior to the service road serving Arb?s, to reducing inbound traffic from stacking into Timberwood Boulevard. Final comments regarding required improvements will be made after review of traffic impact study. SP-99-44 Riverbend Garden Apartments, Route 250E & 1116 The development is responsible for site related roadway and intersection improvements, including turn lanes, possible (future) signal modifications, signs, pavement markings, and other site related improvements along public ROW or private drive approach to intersections with public streets. The R~verbend Drive (Route 1116) / Route 250 (Richmond Road) intersection will be utilized by almost all site related traffic, adding considerable turning movements to this intersection. The WB left turn lane along Route 250 must be extended back to the mixed use continuous left turn lane by realigning that portion of the median area. We have the following site related reqmrements / comments regarding the Riverbend Drive / Pantops Drive (Route 1140) intersection: · The applicant should participate in the cost of the proposed traffic signal installation. · The northbound approach must be improved to accommodate three NB lanes and one SB lane at the intersection. This will at a minimum require the relocation of the existing 100' median on the private road approach. ALT lane, a thru lane, and a shared thru / right turn lane will be required for this NB approach at Pantops Drive, The two NB thru lanes must align with existing NB lanes leaving the intersection, and the single SB lane leaving the intersection toward the proposed site must align with the thru (center) lane on the SB approach. The south leg of this intersection must be designed to accommodate the large truck traffic currently utilizing the Food Lion loading dock along this roadway. The two NB lanes should extend at least to a point south of the Childcare Center site. All lanes must be marked with appropriate arrows and striping in the vicinity of the intersection; pavement markings are recommended back to the proposed site entrance. STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: Susan E. Thomas, AICP July 27, 1999 September 8, 1999 SP 99-44 Riverbend Garden Apartments Applicant's Proposal: The applicant is proposing to construct approximately 130 rental apartments with recreational facilities behind Pantops Shopping Center, adjacent to the Rivanna River. A location map is included as Attachment A; Attachment B is the applicant's concept plan; Attachment C is the applicant's special use permit justification. Petition: Request for a special use permit to allow approximately 130 rental apartments, club house, pool and associated parking in accordance with Section 23.2.2.9 of the Zoning Ordinance which allows for uses permitted in the R-15, Residential district by special use permit in a C-l, Commercial district. The property, described as Tax Map 78 Parcel 17A (portion) and 15C-1, contains approximately 36 acres, and is located in the Rivanna Magisterial District on Riverbend Drive [Route #1116], south of and adjacent to Pantops Shopping Center. The property is zoned C-I, Commercial. The Comprehensive Plan designates this property as Community Service in Neighborhood Three. Character of the Area: Pantops Shopping Center (zoned PD-SC, Planned Development Shopping Center) lies to the north of this site; to the east is a child care center and beyond it an auto parts business(zoned C-l, Commercial). Other office, retail and general commercial establishments are located within the greater Pantops area. Across the river within the City of Charlottesville are residential neighborhoods to the south, and commercial uses to the west. The city has established a greenway on its side of the river. 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 99-44 with conditions. Planning and Zoning History: Parcels 17A and 15C- 1 were rezoned to C- 1, Commercial in the comprehensive zoning map amendment that accompanied adoption of the Albemarle County Zoning Ordinance on December 10, I980. Comprehensive Plan: The Riverbend Garden Apartments site is located within Neighborhood Three (Pantops), in an area designated Community Service in the Comprehensive Plan, Land Use Plan ("Plan"). As stated in the Plan (page 31), the purpose and intent of Community Service is durable goods, general retail and service. Typical primary uses include but are not limited to supermarket, discount store, automobile repair, department store, building supply, and clinics; secondary residential uses are attached units and multi-family in planned development concept, and above store apartments. The proposed apartments fall within the multi-family concept. Two of the Neighborhood Three Recommendations set forth in the Plan (page 51) specifically pertain to this site: Construct a greenway along the South Fork of the Rivanna River and Rivanna River. This provides a pedestrian connection of the Ivy Creek Natural Area to the Urban Area and an opportunity for passive recreation adjacent to the Urban Area. Develop the greenway to meet the recreational and conservation needs of the residents in the Neighborhood, and the entire County, Utilize the Neighborhood Three Study as a guide for development of the greenway in this Neighborhood. (see Attachment D, memo from Parks and Rec) Explore opportunities for river oriented development within the Community Service designated area behind the Pantops shopping center property. The applicant's proposal addresses both of these Recommendations: the applicant has indicated a willingness to dedicate greenway along the river frontage, and as indicated in the attached concept plan, the residential development is oriented to visually benefit from the proximity to the river while leaving the floodplain undisturbed. The proposal also fulfills the Plan's Growth Management Goal B (page 3), related to protecting and efficiently utilizing County resources by encouraging a variety of uses within the Designated Development AreaS, with emphasis placed on infill development. In staff's opinion, this proposal locates residential development adjacent and complementary to existing commercial development, such that both uses benefit and neither is negatively impacted. The substantial amount of housing provided is also a positive factor in this application. 2 Finally, the Riverbend Garden proposal satisfies a number of principles, recommendations and standards included in the Land Use Plan for Designated Development Areas, among them: Encourage infill development of vacant lands and development of under-used areas within the Designated Development Areas; Avoid development of "Significant Areas" as designated in the Open Space Plan; Once the special use permit has been approved, a site plan will be required and may be approved administratively. 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 ad|acent property_, Staff has visited the area and is of the opinion that it will not negatively impact surrounding uses or the general area. In fact, the proposed residential use is anticipated to be less intensive in nature than the by-right commercial uses would be, and under the applicant' plan, development of the two apartment complexes, parking and recreational facilities will disturb and occupy a much smaller portion of the property than past commercial proposals would have. Although large, the two apartment complexes continue the residential character already established across the river in the City, providing a transition from that use to the more intensive shopping center. that the character of the district will not be changed thereby, The character of this portion of Neighborhood Three has been largely established by the development of Pantops Shopping Center and the associated office, retail and other commercial along Route 250, Riverbend Drive, and South Pantops Drive, Although the proposed aparunents will not change the general character of the area, they will balance and soften the negative visual and environmental impact the shopping center has had on the river frontage contained in this property. The proposed apartments also buffer this portion of the river corridor from the commercial activity at the shopping center, improving the current situation for both [future] greenway users as well as City residents across the river. Furthermore, residents of the apartments and greenway users will enjoy the river as an amenity, something which has not previously occurred on this site. 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 with these provisions of the ordinance. Staff notes that the applicant's 3 proposal forwards the intent of the ordinance as stated in the following Sections: 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; 1.6 To this end, development is to be encouraged in Villages, Community and the Urban Area... with the uses permitted by right in the district, The proposed apartments provide a good fit with Pantops Shopping Center, due to the configuration of the parcels, topography, and complementarity of residential with the existing (supporting) commercial uses. They do not conflict with either the, shopping center or other office, retail and service uses established in the general area. New business from the apartment occupants may benefit these businesses, and the residential use is well supported by the aforementioned non-residential uses located close enough in some cases for pedestrian accessibility or at least only a local vehicle trip. 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, safety_ and general welfare No adverse impact on the public health, safety and general welfare of the County has been identified as a result of the proposed residential use within this commercial district. In fact, impacts from this use are anticipated to be less intensive than those associated with by right development of the property. Primary impacts will be affect the transportation system in the area. In its June 24, 1999 letter, the Virginia Department of Transportation (VDOT) made a number of comments related to development of this site (see Attachment E). Staff'has asked for additional clarification of portions of the letter, but does not support and can not legally require the applicant to make improvements to the Route 20 North/250 East intersection. It has been staffs understanding that installation of a signal at the intersection of Riverbend Drive and South Pantops Drive has been funded or at least the majority of its funding has been obtained. To the extent the applicant's proposal creates the need for additional instrumentation, the applicant should be responsible for those costs. Development of the Riverbend Garden property should not proceed until a signal is in place, based on the approximately 800 - 900 vtpd (vehicle trips per day) that can be expected from this use. Staff. concurs with VDOT's requirements/comments related to the design of the intersection approach, and the request for coordination related to any realignment of the existing private road behind the shopping center. (The applicant has indicated an interest in redesigning or otherwise improving this road so that it functions as a more attractive gateway to the apartments.) SUMMARY: As the applicant states in his justification, the proximity to Pantops Shopping Center and the supporting commercial services and retail goods it offers prospective apartment residents creates a classic infill opportunity. The applicant's plan keeps disturbance out of the floodplain, while promoting fiver views for apartment dwellers, and blends well in terms of activity level with the residential development located across the fiver in the City. His plan would allow for greenway development, a goal of both the Land Use Plan and the Open Space Plan. His desire to improve the private road behind the shopping center may also benefit the travelling public. The high density of the proposed residential development also is a positive factor in this application. RECOMMENDED ACTION: Staff recommends approval of SP 99-44 subject to the following conditions: Recommended Conditions of Approval: Riverbend Garden Apartments shall be developed and operated in general accord with this Application for Special Use Permit (and attachment) dated May 17, 1999 and initialed "SET 6/17/99," herein included as Attachment C, and with the [reduced] Concept Plan dated January 22, 1999 and initialed "SET 6/17/99", herein included as Attachment B, not to exceed a total of 143 apartment units; Site plan approval for this property shall be contingent upon installation of a traffic signal at the intersection of Riverbend Drive and South Pantops Drive; the applicant shall participate in costs associated with instrumentation needed for traffic management related to traffic impacts from the proposed apartments; The applicant shall meet all requirements set forth in the June 24, 1999 letter from VDOT related to intersection design at Riverbend and South Pantops Drives; A dedication of greenway shall be made along the edge of the Rivanna River from the shared boundary between Parcels 17A and 17Al (Route 250), and to the shared boundary of Parcels 15C1 and 17G4; this dedication shall be made at the time of site plan approval, based on agreement between the applicant and staff as to specific alignment. ATTACHMENTS: A - Location Map B - Applicant's Concept Plan C - Applicant's Justification D - July 6, 1999 Memorandum from Parks and Recreation E - June 24, 1999 Letter from VDOT A: IRiverbend Garden sp. doc ~MARLE 'COUNTY ~ A"f""f"A/l=l~lLaf"'i~l"P A ~ I n../'~..i'lkll I a"iI ALBEMARL $?¢ H LOTTESVILLE- \\ / /' /ANNA AND :VILLJ[ DISTRICTS Riverbend Garden A MONTICELLO SECTION 77':,__-.' SCOTTSVILLE .a RIVANNA 'DISTR'I I'ATTAC HMENT C What is the Comprehensive Plan designation for this property? Community Service How will the proposed special use affect adjacent property? The site is surrounded on three sides by the Rivanna River. It has only one adjacent property. The adjacent property includes the 188,000 square foot Pantops Shopping Center. The proposed use should benefit this adjacent use. Kesidents of the property likely will use goods and services sold at the Shopping Center, and therefore will benefit' merchants and businesses located there. How will the proposed special use affect the character of the district surrounding the property? The proximity between the proposed residential use and the surrounding commercial uses is a positive one. By providing a mix of uses ( i,e., commercial and residential) within the immediate area, the seed is planted for the creation of a more vibrant community, consistent with the goals of the Development Areas Initiatives Study. Residents of the proposed apartments will be able to walk to nearby stores and services. Furthermore, the site is bounded by the Rivanna River. A residential use will take advantage of the natural beauty afforded by the site allowing residents and guests a.vista onto one the area's great natural assets. How is the use in harmony with the purpose and intent of the zoning Ordinance ? The proposed residential use when considered in the context of the larger area will help to form a more mixed use community. Therefore, it is consistent with the intention of the Zoning Ordinance to plan for the future development of communities.., that new community centers be developed with' adequate facilities; and that residential areas be provided with healthy surroundings for family life (1.4). The proposed residential use for this site will have significantly reduced traffic impacts compared to those from neighborhood commercial uses. By placing residential uses in close proximity with existing retail services, the proposed use will reduce the average vehicle trips per household below the norms. Therefore this use is consistent with the intention to reduce or prevent congestion in public streets (1.4.2). Finally the proposed use is consistent with the intention of facilitating the creation of a convenient, attractive and harmonious community (1.4.3). How is the use in-harmony with the uses permitted by right in the districtY The proposed residential use will be in harmony with the by right commercial uses which are primarily retail uses that include goods and services which will be desired by the residents of the project. Nearby offices may be locations of employment for residents as well. As stated above, the Comprehensive Plan clearly establishes the goal of creating harmonious relationships between residential and commercial uses, often on adjoining properties, This is precisely the objective met by this proposal. What additional regulations provided in Section 5. 0 of the Zoning Ordinance apply to this use? None. How will this use promote the public health, safety, and general welfare of the community? The Land Use Component of the Comprehensive Plan clearly articulates that within the Urban Area, there is a goal of creating "well-defined residential areas which are well - integrated with non-residential areas." These areas are "intended to be more urban, or 'city-like,' in character and less suburban." The Comprehensive Plan also states that "it should be recognized that complete separation of different uses is not expected.. ,Residential uses may end up next to, or near, non-residential uses, with the goal of achieving a harmonious relationship between the two." The provision of rental apartments adjacent to the existing shopping area and in proximity to other services and places of employment is consistent with these stated goals. Furthermore, the "Buildout Analysis" produced for the Development Areas Initiative Study, clearly indicated an excess of commercially designated land within the Development Area. At the same time, the Buildout Analysis recognized the tremendous challenge in achieving the goal of housing the County's expected population in the year 2015 within the existing Development Areas. To avoid expansion of the Development Areas prior to 2015, one of the recommendations of the Buildout Analysis is to allow that some of the land currently designated or zoned commercial to be available for residential use. 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. Sited on a peninsula of land behind the existing shopping center, this property is proposed to accommodate approximately 130 rental apartments, 200 parking spaces, a club house and pool. Two site conditions make this property particularly well suited for residential use as opposed to commercial. One is the degree of privacy afforded .the site by its location -- behind the existing shopping area. This lack of exposure, while hardly beneficial for retail uses, is particularly desirable in residential areas. Secondly, the views and natural amenity afforded by the Rivanna River will be particular assets to the apartments (virtually every unit have a river view). At the same time, such visual amenity would be of significantly less value to a commercial development. While such privacy, as is afforded by this site often comes at the expense of convenience, in this unique instance, ~the opposite is true. Residential development of this site affords an opportunity to link pedestrian access from the site to the adjoining commercial area. The Applicant intends to link pedestrian access, via sidewalk connection, to the existing sidewalks in the neighborhood. Residents of the proposed apartment community, will be within a five-minute walk of all of the shops of the adjacent shopping center as well as the natural recreational opportunities afforded by their proximity to the river. \CHA',2536k25 gg'&IETZGER'~DOCS\Questions and Answers 051299.do¢ J ^',"r^c,-i'.,=.-,- .J COUNTY OF ALBEMARLE Parks and Recreation Department County Office Building 401 Mclntire Road Charlottesville, Virginia 22902-4596 Telephone (804) 296-5844 MEMORANDUM TO: FROM: DATE: RE: Susan Thomas, Senior Planner Pat Mullaney, Director of Parks and Recreation July 6, 1999 SP 99 - 44 Riverbend Garden Apartments Thank you for the oppommity to comment on the above referenced item. We would support implementing the Greenway Plan as identified in the Comprehensive Plan on this property and would like to have a dedication of land for this purpose. As we discussed in our site visit, we would like to see an alignment for the greenway as close to the .river as possible. If you have questions or would like to discuss this further, please feel free to call me. iATTACHMENT E I Page 3 SP-99-43 Arby's at Forest Lakes~ Route 29N A traffic impact study is required for the proposed Arby's restaurant and drive thru. The Forest Lakes Traffic Assessment dated July 17, 1997 (prepared by Wilbur Smith Associates), can be used as a reference for this study. The operation of all entrances into the shopping center should be analyzed, including capacity analysis for AM and PM peak hours. The major concern is the operation at the main entrance along Timberwood Blvd, including the adjacent service road serving the proposed Arby's. The need for a traffic signal for this main entrance at Timberwood Blvd within the I0 year study period should be addressed. The study should assume full buildout of all shopping center parcels as well as full buildout of proposed development along Fortune Park, using ITE (6th Ed.) trip generation rates. Future traffic projections along the adjacent roadway system should be estimated for a ten year period (i.e., 2009). New AM and PM peak period waffle counts should be performed at the main entrance into the shopping center. If desired, VDOT would like to discuss these issues to insure that our concerns are addressed in this study. A sign indicating "Do Not Block Intersection" should be placed for outbound traffic prior to the service road serving Arby's, to reducing inbound traffic from stacking into Timberwood Boulevard. Final comments regarding required improvements will be made a~er review of traffic impact study. SP-99-44 Riverbend Garden Apartments~ Route 250E & 1116 The development is responsible for site related roadway and intersection improvements, including turn lanes, possible (future) signal modifications, signs, pavement markings, and other site related improvements along public ROW or private drive approach to intersections with public streets. The Riverbend Drive (Route 1116) / Route 250 (Richmond Road) intersection will be utilized by almost all site related traffic, adding considerable turning movements to this intersection. The WB left turn lane along Route 250 must be extended back to the mixed use continuous left turn lane by realigning that portion of the median area. We have the following site related requirements / comments regarding the Riverbend Drive / Pantops Drive (Route 1140) intersection: · The applicant should participate in the cost of the proposed traffic signal installation. · The northbound approach must be improved to accommodate three NB lanes and one SB lane at the intersection. This will at a minimum require the relocation of the existing 100' median on the private road approach. ALT lane, a thru lane, and a shared thru / fight turn lane will be required for this NB approach at Pantops Drive. The two NB thru.lanes must align with existing NB lanes leaving the intersection, and the single SB lane leaving the intersection toward the proposed site must align with the thru (center) lane on the SB approach. The south leg of this intersection must be designed to accommodate the large truck traffic currently utilizing the Food Lion loading dock along this roadway. The two NB lanes should extend at least to a point south of the Childcare Center site. All lanes must be marked with appropriate arrows and striping in the vicinity of the intersection; pavement markings are recommended back to the proposed site entrance. Page 4 If the traffic signal installation occurs prior to these site related improvements, the applicant will be responsible for related traffic signal improvements (such as traffic loop detectors and signal heads) due to improvements on the private road leg of the intersection. It is recommended that the applicant coordinate with VDOT so that initial signal construction can more easily accommodate these roadway improvements. Adequate ROW must be dedicated to VDOT for the planned traffic signal installation. This may require up to 60' back from the intersection for installing / maintaining traffic loop detectors, as well as some area at one or both comers of the intersecti6n adjacent to the NB approach for equipment (poles, controller, etc.). The applicant should contact VDOT regarding the signal design and required ROW. In the event that the ROW is not available for dedication, a maintenance easement agreement must be provided to VDOT for this traffic signal. · If the applicant is planning to change the existing private road alignment or add an · intersection along the private road, VDOT would like to review these plans to insure that the changes do not interfere with the operation of the Riverbend Drive / Pantops Drive intersection. · The private road must meet VDOT structural and design standards within public ROW, and recommends the same standards be met within the proposed maintenance easement area to insure proper operation of signalized intersection. SP-99-45 Britts Mountain - CV147, Route 29,,S Adequate sight distance and approved commercial enn'ance is required for private road (Britts Mountain Hollow Ln) entrance along Route 29S. If you have any questions, please advise before releasing to the developer. R.P. Ball Transportation Planner Cc: Karen Kilby H.W. Mills J.H. Kesterson To: ,'Vlem~rs, $oard ~Supervisors 1,~L~'/ From: ~I~ W~flin~on Carey, CMC,~ ' Su~e~ Re.lng ~st for Se~em~r & ~9~ D~: ~tember 2, 1999S~tem~r 2, 1999 March I0 (A), 1997 - Ms. Thomas A/:)r/I 2 I, 1999 - Ms. Thomas TJVenture Meetings (May I, May 8, May t 5, May 22, May 28, June 26 and October 2, 1997) - Ms. Thomas /ewc