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2003-04-16
ACTIONS Board of Supervisors Meeting of April t6, 2003 AGENDA ITEM/ACTION ASSIGNMENT April t7, 2003 1. Call to Order. · Meeting was called to Order at 6:00 p.m., by the Chairman, Mr. Dorrier. All BOS members present. Also present were Bob Tucker, Greg Kamptner, Larry Davis, Wayne Cilimberg and Ella Carey. 4. From the Public: Matters Not Listed on the Agenda. · There were none. 5.2 Adopt resolution accepting landowners' offers to sell conservation easements under ACE Program. · ADOPTED the attached resolution accepting the landowners' offers to sell conservation easements to the County, for the prices specified and subject to the terms and conditions contained in the proposed deeds of easement and AUTHORIZED the County Executive to sign the final deeds of easement for each of the properties. 5.3 Set public hearing to consider granting the Albemarle County Service Authority a relocated sanitary sewer line easement across Tax Map 617, Section 3, Parcel 9 (Branchlands area). · SET public hearing for May 7, 2003. 6. ZMA-2002-001. Fontaine Avenue Condos (Sians #77&81). · ACCEPTED the applicant's request for withdrawal of ZMA- 2002-001, by a vote of 6:0. 7. SP-2002-46, Brown Auto Park (Outdoor Display Of Vehicles ~sia'ns ~30,31&37). · APPROVED SP:2002-46, by a vote of 5:0 (Mr. Rooker abstained), subject to the six conditions recommended by the Planning Commission. 8. SP-2002-65. Brown Auto Park (Structured Parkin;) (Si_~ns #30,31&37). o APPROVED SP-2002-65, by a vote of 5:0 (Mr. Rooker abstained), subject to the seven conditions recommended by the Planning Commission. 9. S..P-2002-.073. Crossroads,Store Phase 2 & 3 Bank Drive-in Window (Signs #89&90). APPROVED SP-2002-073, by a vote of 6:0, subject to the nine conditions recommended by the Planning Commission. 10, SP-2002~0707 Rivanna Ridge SC-Bank Drive-in window (Signs #20&22). o APPROVED SP-2002-070, by a vote of 6:0, subject to the nine conditions recommended by the Planning Commission. 11. SP-2002-076. Rivanna Ridge SC-Restaurant Drive-in window (Si.qns #23~25&94), · APPROVED SP-2002-076, by a vote of 6:0, subject to the eight conditions recommended by the Plannin~l Commission. 12. SP.2002-078. Joseph Wright & David Tumer- Crown Tower (Si.qn #26) Clerk: Forward signed resolution to County Attomey's office with copy to Planning. (Attachment 1) Clerk: Advertise public hearing. Clerk: Set out conditions of approval in Attachment 2. Clerk: Set out conditions of approval in Attachment 2. Clerk: Set out conditions of approval in Attachment 2. Clerk: Set out conditions of approval in Attachment 2. Clerk: Set out conditions of approval in Attachment 2. Clerk: Set out conditions of approval in Attachment 2. APPROVED SP-2002-078, by a vote of 4:2, subject to the nine conditions recommended by the Planning Commission, with modification to condition #6. 13. SP.2003-02t. Bucks Elbow Mountain/County of Albemarle -.Extension (Siqns #28&29}. · APPROVED Sp-2003-021, by a vote of 6:0, subject to the two conditions recommended by the Planning Commission. 14. S,p-200,3-022., Carters Mountain/Crown Qrchard -,Extension (Siqns it 36&52}. · APPROVED SP-2003-022, by a vote of 6:0, subject to the two conditions recommended by the Planning Commission. 15, SP-2003-023. ECC Tower/UVA Extension (Si.qn · APPROVED SP-2003-023, by a vote of 6:0, subject to the three conditions recommended by the Plannin9 Commission. 16, SP-2003-024. Fan MountainlUVA ExtensiOn (si;ns 67&68~. · APPROVED SP-2003-024, by a vote of 6:0, subject to the two conditions, recommende, d b,y the Planning Commission. 17..$.P-2003-025. Klockner Stad.iUm/U.VA Extension iSi~ln #14). · APPROVED SP:2003-025, by a vote of 6:0, subject to the one condition recommended by the Planning Commission. 18. Discussion: US Route 29/Hydraulic Road/Route 250 Bypass Study. · ADOPTED a resolution of support endorsing Steps B, C and D as set forth in the Draft Report. Board to provide any written comments, within the next two weeks, to Wayne Cilimberg who will then forward them to Harrison Rue. 19. Adopt FY 2003-04 County Operating Budget and Capital Budget, and Approve FY 2003-04 to FY 2007-08 Capital Improvements Program. · ADOPTED the FY 2003-04 County Operating Budget and Capital Budget and APPROVED the FY 2003-04 to FY 2007- 08 Capital Improvements Program. (Mr. Perkins abstained from voting on the Operating Budget.), 20. Adopt Calendar Year 2003 Tax Rates. · ADOPTED the attached resolution setting out the Calendar Year 2003 Tax Rates. 21. From the Board: Matters Not Listed on the Agenda. Sally Thomas: · Invited Board members to attend the Lewis and Clark Festival, 22. Adjourn. · At 7:40 p.m., the meeting was adjourned. Clerk: Set out conditions of approval in Attachment 2. Clerk: Set out conditions of approval in Attachment 2. Clerk: Set out conditions of approval in Attachment 2. Clerk: Set out conditions of approval in Attachment 2. Clerk: Set out conditions of apprOval in Attachment 2. Clerk: Notify Harrison Rue of Board's action. Clerk: Forward adopted resolution to Melvin Breeden with copy to appropriate individuals. (Attachment 3) Clerk: Fo~vard adopted resolution to Melvin Breeden with copy to appropriate individuals. (Attachment 4) /ewc Attachment 1 - ACE Resolution Attachment 2 - Planning Conditions of Approval Attachment 3 - Adopted Budge Resolution Attachment 4 - 2003 Tax Levy Resolution Attachment I RESOLUTION ACCEPTING OFFERS TO SELL CONSERVATION EASEMENTS UNDER THE ACE PROGRAM WHEREAS, the County has received offers to sell conservation easements under the ACE Program from the owners of the following properties: Tax Map 6, Parcels 16 and 29 (Byrom) Tax Map 84, Parcels 57 and 58 (Hughes) Tax Map 71, Parcel 26; Tax Map 85, Parcel 22B; Tax Map 85A, Parcel 1 (Pollock); and WHEREAS, each owner offered to sell conservation easements on the respective properties to the County for a fixed purchase price, subject to terms and conditions set forth in the proposed deed of easement enclosed with the County's invitation to offer to sell, subject to any further revisions deemed necessary by the County Attorney and agreed to by the owner. NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors hereby accepts the offers to sell conservation easements described above, and authorizes the County Executive to execute all documents necessary for completing the acquisitions. BE IT FURTHER RESOLVED that the Board of Supervisors hereby directs the County Attorney to send copies of this resolution to the owners of the properties identified herein, or their contact persons. Attachment 2 CONDITIONS OFAPPROVAL Agenda Item No. 7. SP-2002-46. Brown Auto Park (Outdoor Display of Vehicles) (SiRns #30~31&37). Public headng on a request to allow car dealership w/outdoor display of vehicles in accord w/Sec 30.6.3.2.b of the Zoning Ord. TM 45, Ps 68D4&66D6 contains 6.16 acs. Loc on Rt. 29N at NW comer of Rt 29N & Hilton Heights Rd. Znd HC. Rio Dist. 3. 4. 5. The site shall be developed in general accord with the attached (copies on file) Daggett & Gr'~jg plans, for BrOwn Auto Park, entitled ARB Package, dated January 15, 2003, Site Plan, dated Mamh 20, 2003, and Display Parking Plan, dated Mamh 20, 2003; Vehicles shall not be elevated anywhere on site (through the use of racks or other lift devices); Vehicles shall be displayed only in areas indicated for display shown on the attached Daggett & Grigg plans, for Brown Auto Park, entitled Display Parking Plan, dated Mamh 20, 2003; Reduce the amount of ground level vehicle display to the satisfaction of the Architectural Review Board; Planting islands in the display area east and south of the Phase 2 building shall be increased in size to allow for true clustering of trees. Clusters shall be composed of a combination of conifers and broadleaf evergreens; and in Phase 1, provide all landscaping except for interior plantings associated with Phase 2. Agenda Item No. 8. sP-2002-65. Brown Auto Park (Structured Parkin.q) (Siflns #30,31&37). Public hearing on a request to to allow a parking structure, as shown on a prelim site plan, SDP-02-105, in accord w/Sec 24.2.2.12 of the Zoning. TM 45, Ps 68D4&68D6. Loc on Rt. 29N on the NW corner of Hilton Heights Drive & 29 North in front of Sam's Club. Rio Dist. 3. 4. 5. 6. 7. The site shall be developed in general accord with the attached (copies on file) Daggett & Grigg plans, for Brown Auto Park, entitled ARB Package, dated January 15, 2003, and Site Plan, dated March 20, 2003; Materials for the parking deck and for the structures over the service exit lanes shall match showroom materials. Painted and raw concrete is not appropriate; The design of the building shall be revised so that parked vehicles will not be visible on the rooftops of the structures over the service exit lanes; Provide an informal planting of mixed evergreen trees along the north side of the Phase 1 building; Further reduce the imoacts Of lighting, including the rooftop pole lights and wall mounted lights above the showroom; The design of the Phase 2 building shall be compatible with the Phase 1 building, as determined by the ARB; and Adjust the parking schedule to the satisfaction of the Zoning Administrator, as described in a memorandum, dated March 18, 2003. Agenda Item No. 9. SP,,-2002-073. Crossro,ads Store Phase 2 & 3 Bank Drive-in Window (Si,qns #89&90). Public hearing on a request to allow drive-in window serving proposed bank at the Crossroads Store in accord w/Sec 22.2.2.10 of the Zoning Ord. TM 99 Ps 1,1A&5 contains 3.956 acs. Loc on Plank Rd (St Rt 692) on NE comer of intersec of US Rt 29 & St Rt 692. Znd C,I&EC. Samuel Miller Dist. The site improvements shall be developed in general accord with the attached (copy on file) Major Site Plan Amendment, entitled Crossroads Store Phases 2 & 3 Site Plan Amendment, dated January 8, 2003; 5. 6. 7. 8. 9. The design of the drive-through structure shall be coordinated in size, material, color, and detail with the existing building; The new island south of the drive-through and the Route 692 frontage shall be planted with trees to help minimize the impact of the new structure; Add two and one-half inch (2 %) caliper trees at forty (40) feet on center along the Route 692 frontage; Add trees, shrubs, and ground cover in the new island south of the drive-through; Building materials and colors shall match existing. Include notes on the elevations that confirm this; Provide complete details on new wall and site lights and any lights to be relocated. Lights that emit three thousand (3000) lumens or more must be full cutoff fixtures; All new signs visible from the EC shall match the design previously approved for this site; and The florescent light bulbs on the ceilings of the upper and lower porches of the existing building shall be shielded so that the bulbs are not visible from Route 29 and Route 692. This condition may be satisfied by retrofitting the existing fixtures to achieve a full cut-off effect as per the lighting ordinance (Section 4.17). Agenda Item No. 10. SP-2002-070. Rivanna Rid.qe SC-Bank Drive-in window (Si.qns #20&22). Public hearing on a request to allow drive-in window serving bank, in accord w/Sec 25A.2.2 of the Zoning Ord. TM 78, Ps 73A2, contains 2.64 acs. Loc on S side of Rt 250E (Richmond Rd) at intersec w/Rolkin Rd (private). Znd PD-MC&EC. Rivanna Dist. 6. 7. 8. 9. The drive through lanes shall be designed in general accord with the improvements that are shown on the preliminary site plan, entitled "Preliminary Site Development Plans for Rivanna Ridge Shopping Center", last revised on January 13, 2003; The drive-through shall be limited to three (3) lanes that follow through to the teller windows and the ATM machine, and an additional lane for bypass traffic; Signage and pavement markings shall be provided at the entrance and exit points of the ddve~ through lane, subject to Engineering Department approval to ensure appropriate and safe travel patterns; This site shall be subject to the Architectural Review Board issuance of a Certificate of Appropriateness; The drive-through structure shall be located on the south side of the building as illustrated on the site plan; The drive-through structure shall not exceed three (3) lanes; The architectural design, material and detailing of the drive-through structure shall match that of the main bank building; Evergreen screening trees and/or shade trees and evergreen shrubs shall be planted along the eastern property line; and The planting strip to the west of the drive-though lane shall be planted with evergreen screening trees and/or shade trees and evergreen shrubs. Agenda Item No. 11. SP-2002 ,-076. Rivanna Rid.cie SC-Restaurant Drive-in window (Sians f~3,25&94). Public hearing on a request to allow drive-in window serving fast food restaurant, in accord w/Sec 25A.2.2 of the Zoning Ord. TM 78, Ps 73A2, contains 2.64 acs. Loc on S side of Rt 250E (Richmond Rd), at intersec w/Rolkin Rd (private). Znd PD,MC&EC. Rivanna Dist. The drive through lanes shall be designed in general accord with the improvements that are shown on the preliminary site plan, entitled "Preliminary Site Development Plans for Rivanna Ridge Shopping Center", last revised on January 13, 2003; The drive-through shall be limited to a single lane that follows through to the pick-up window and the bypass lane extending to the southern parking lot; Signage and pavement markings shall be provided at the entrance and both exit points of the drive-through lane, subject to Engineering Department approval to ensure appropriate and safe travel patterns; The menu board shall be installed at the south end of the fast food restaurant, and not on the main travelway of the drive-through, which extends between the northern and southern portions of the parking lot; This site shall be subject to the Architectural Review Board's issuance of a Certificate of Appropriateness; Awnings, canopies, signs, lights and other elements associated with the drive-through use shall be coordinated with the appearance of the building and shall not be the focus of the design, as determined by the ARB; The planting strip located to the east of the drive-through lane shall be planted with everg teen screening trees; and The planting strip located to the west of the drive-through lane shall be planted with evergreen screening trees and/or shade trees and evergreen shrubs; Agenda Item No. 12. SP.2p02-078. Jos,eph, Wri~ht & David Turner. Crown Tower (Sign, #26). Public hearing on a request to allow co-location of an array of 9 add'l antennas at approx 120 ff on existing tower 150-ff tall tower, w/add'l ground equipment, in accord w/Sec 10.2.2.6 of the Zoning Ord. TM 32, P 41, contains approx 7.75 acs. Znd RA. Loc on S side of Airport Rd, approx 1/8 mile W of intersec w/Rt 29N. Rivanna Dist. All work shall be done in general accord with that described in the applicant's request and site constr~Jction plans, entitled "Omnipoint Communications CAP Operations - Flat Branch," last revised on November 27, 2002; The tower shall not be increased in height; This Site shall be subject to the issuance of a Certificate of Appropriateness by the Architectural Review Board; The additional array of panel antennas may be attached only as follows: a. Ail equipment attached to the tower shall be painted dark gray to match the color of the tower. The cables extending from the ground equipment may remain black; b. The antennas shall not exceed seven (7) feet in height and two (2) feet in width; c. In no case shall any of the new antennas project from the structure to a distance that is greater than that of the existing antennas; d. The antennas subject to this approval may be replaced administratively, provided that the sizing, mounting distances and heights of the replacement antennas are in compliance with these conditions of approval and in accordance with all applicable regulations set forth in Section 5.1.40 of the Zoning Ordinance; and e. The note on page Z-2, which implies that the size, height and direction of the antennas can be adjusted to meet RF requirements, shall be deleted from the construction drawings or amended to remove this consideration for size and height, With the exception of the safety lighting required by Federal Aviation Administration regulations, outdoor lighting shall be permitted only dudng maintenance periods; regardless of the lumens emitted, each outdoor luminaire that is not required for safety shall be fully shielded as required by Section 4.17 of the Zoning Ordinance. No existing trees within two hundred (200) feet of the facility shall be removed for the purpose of installing the proposed antennas or any supporting ground equipment. Should any of the trees within two hundred (200) feet of the tower be removed for the purpose of creating a public or private right-of-way, the owner shall install trees if determined to be needed by the Director of Planning and Community Development to adequately screen the facility's ground equipment from adjacent properties and roadways. To accommodate this, the Director of Planning and Community Development will notify the owner of the road construction and requirement for a landscape plan. The 6 Director, or an agent thereof, will determine if the plan is adequate and the date by which the landscaping must be installed (or bonded until the next planting season); The current owner and any subsequent owners of the tower facility, shall submit a report to the Zoning Administrator by July 1 of each year. The report shall identify each personal wireless service provider that uses the facility, including a drawing indicating which equipment, on both the tower and the ground, are associated with each provider; Ail equipment and antennae from any individual personal wireless service provider shall be disassembled and removed from the site within ninety (90) days of the date its use is discontinued. The entire facility shall be disassembled, and removed from the site within ninety (90) days of the date its use for personal wireless service purposes is discontinued. If the Zoning Administrator determines at any time that surety is required to guarantee that the facility will be removed as required, the permittee shall furnish to the Zoning Administrator a certified check, a bond with surety satisfactory to the County, or a letter of credit satisfactory to the County, in an amount sufficient for, and conditioned upon, the removal of the facility. The type of surety guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney; and The tower shall be limited to a total of four (4) vertical arrays of panel antennas. No satellite or microwave dishes shall be permitted on the tower. Agenda item No. 13, SP-2003-021. Bucks Elbow Mountain/County of Albemarle: Extension ¢Si¢~ns ~28&29), Public hearing on a request to amend existing SUP by extending its period of validity & allowing minor increase in size of equipment bldg for emergency communication fac utilizing existing 100' communication tower, which was allowed 20-ft increase in height, in accord w/Sec 10.2.2.6 of the Zoning Ord. TM 39, P 1B1, contains approx .23 acs. Znd RA. Loc off Rt 611 (Jarman's Gap Rd), on Buck's Elbow Mountain. White Hall Dist. The site development shall be in substantial compliance with the plans titled "Bucks Elbow Mountain Site Plan and Elevations~, prepared by Rivanna Engineering, dated 1-23-01; and, Prior to beginning construction or installation of the pole or the equipment cabinets, or installation of access for vehicle or utilities, a tree conservation plan, developed by a certified arborist, specifying tree protection methods and procedures and identifying any existing trees to be removed on the site both inside and outside the access easement and lease area shall be submitted to the Director of Planning and Community Development for approval. All construction or installation associated with the pole and equipment building, including necessary access for construction or installation, shall be in accordance with this tree conservation plan. Except for the tree removal expressly authorized by the Director of Planning and Community Development, the permittee shall not remove existing trees within two hundred (200) feet of the pole and equipment building. A special use permit amendment shall be required for any future tree removal within the two hundred (200) foot buffer, after the installation of the subject facility. Agenda Item No. 14. SP-2003-022. Carters Mountain/Crown Orchard - Extension (SiRns # 36&52)~ Public hearing on a request to amend existing SUP by extending its pedod of validity & allowing minor increase in size of equipment bldg for emergency communication fac w/250 ft high lattice tower, in accord w/Sec 10.2.2.6 of the Zoning Ord. TM 91, P 28, contains 234.165 acs. Znd PA. Loc on Carter'S Mountain Trail, approx 1 mile S of intersec w/Rt 53 (Thomas Jefferson Parkway). Scottsville Dist. The site development shall be in substantial compliance with the plans titled "Carters Mountain Site Plan and Elevations", prepared by Rivanna Engineering, dated 1-23-01 and last revised March 27, 2003; and Prior to beginning construction or installation of the pole or the equipment cabinets, or installation of access for vehicle or utilities, a tree conservation plan, developed by a certified arborist, specifying tree protection methods and procedures and identifying any existing trees to be removed on the site both inside and outside the access easement and lease area shall be submitted to the Director of Planning and Community Development for approval. All construction or installation associated with the pole and equipment building, including necessary access for' construction or installation, shall be in accordance with this tree conservation plan. Except for the tree removal expressly authorized by the Director of Planning and Community Development, the permittee shall not remove existing trees within two hundred (200) feet of the pole and equipment building. A special use permit amendment shall be required for any future tree removal within the two hundred (200) foot buffer, after the installation of the subject facility. Agenda Item No. 15. SP-2003-023, ECC TowerlUVA Extension {SiQn #83). Public headng on a request to amend existing SUP by extending its period of validity & allowing a minor increase in the size of equipment bldg for emergency communication fac wi110 ft high monopole tower, in accord w/Sec 13,2.2.6 of the Zoning Ord. TM 60, P 30F, containS approx 2.073 acs. Znd R-I. Loc on S side of R. 250 (Ivy Rd), adj to Rt 250/29 Bypass. Samuel Miller Dist. 1. The site development shall be in substantial compliance with the plans titled "ECC Site Plans and Elevations", prepared by Rivanna Engineering, datedr 1-23-01; 2. Landscape screening consisting of evergreen and deciduous trees shall be installed alongside and parallel to the Route 250 right-of-way, between the ECC building and the westernmost property line, subject to the approval of the Planning Director or designee; and 3. Prior to beginning construction or installation of the pole or the equipment cabinets, or installation of access for vehicle or utilities, a tree conservation plan, developed by a certified arbodst, specifying tree protection methods and procedures and identifying any existing trees to be removed on the site both inside and outside the access easement and lease area shall be submitted to the Director of Planning and Community Development for approval. All construction or installation associated with the pole and equipment building, including necessary access for construction or installation, shall be in accordance with this tree conservation plan. Except for the tree removal expressly authorized by the Director of Planning and CommUnity Development, the perm/tree shall not remove existing trees within two hundred (200) feet of the pole and equipment building. A special use permit amendment shall be required for any future tree removal within the two hundred (200) foot buffer, after the installation of the subject facility. Agenda Item No. 16. SP-2003-024. Fan MountainlUVA Extension (SiRns #67&68). Public headng on a request to amend existing SUP by extending its period of validity & allowing minor increase in the size of equipment bldg for emergency communication fac utilizing 120-ft tall self-supported, lattice communication tower replacing 120-ft tall guyed tower, in accord w/Sec 10.2.2.6 of the Zoning Ord. TM 109, P 60, contains approx 111.5 acs. Znd RA. Loc on Fan Mountain Rd approx 4.5 miles from intersec w/Rt 29S, past the University of Virginia's Fan Mountain Observatory. Scottsville Dist. 1. The site development shall be in substantial compliance with the plans titled "Fan Mountain Site Plan and Elevations", prepared by Rivanna Engineering, dated 1-23-01, last revised on March 27, 2003; and 2. Prior to beginning construction or installation of the pole or the equipment cabinets, or installation of access for vehicle or utilities, a tree conservation plan, developed by a certified arbor/st, specifying tree protection methods and procedures and identifying any existing trees to be removed on the site both inside and outside the access easement and lease area shall be submitted to the DireCtor of Planning and Community Development for approval. All construction or installation associated with the pole and equipment building, including necessary access for construction or installation, shall be in accordance with this tree conservation plan. Except for the tree removal expressly authorized by the Director of Planning and Community Development, the perm/tree shall not remove existing trees within two hundred (200) feet of the pole and equipment building. A special use permit amendment shall be required for any future tree removal within the two hundred (200) foot buffer, after the installation of the subject facility. Agenda Item No. 17. SP-2003-025. Klockner StadiumlUVA Extension (SiQn #14). Public hearing on a request to amend an existing SUP by extending the period of validity & allowing minor increase in size of equipment bldg for emergency communication fac utilizing existing 105 ft high stadium light pole, in accord w/Sec 13.2.2.6 of the Zoning Ord. TM 76A, P J3, contains approx 30.4 acs. Znd R- 1. Loc at Klockner Stadium. Jack Jouett Dist. The site development shall be in substantial corn pliance with the plans titled "Klockner Stadium", prepared by Harris Corporation, dated 10-18-00. Attachment 3 BUDGET RESOLUTION BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the budget for the County for the Fiscal Year beginning July 1, 2003 be approved as follows: Administration Judicial Public Safety Engineering and Public Works Human Development (including PVCC) Parks, Recreation, and Cultural Community Development Refunds City/County Revenue Shadng Capital Improvements Budget Stormwater Improvements General Govemment Debt Service Education - Debt Service Education - School Operations Education - Self-Sustaining Funds Special Revenue Fund Operations Less: Inter-fund Transfers Board Contingency Reserve TOTAL $ 7,565,206 $ 2,676,090 $ 17,267,181 $ 4,163,607 $ 11,678,353 $ 4,467,874 $ 4,477,869 $ 92,100 $ 7,726,021 $ 22,596,000 $ 300,000 $ 2,008,667 $ 10,184,954 $ 104,083,034 $ 11,605,153 $ 14,520,481 $ (7,489,137) $ 179,015 $ 218,102,468 ]0 RESOLUTION Attachment 4 BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia, does hereby set the County Levy for the Calendar Year 2003 for General County purposes at Seventy-Six Cents ($0.76) on every One Hundred Dollars of assessed value of real estate; at Seventy-Six Cents ($0.76) on every One Hundred Dollars of assessed value of manufactured homes; at Seventy-Six Cents ($0.76) on every One Hundred Dollars of assessed value of public service assessments; at Four Dollars and Twenty-Eight Cents ($4.28) on every One Hundred Dollars of assessed value of personal property; and at Four Dollars and Twenty-Eight Cents ($4.28) on every One Hundred Dollars of assessed value of machinery and tools; and FURTHER orders that the Director of Finance of Albemarle County assess and collect the taxes on all taxable real estate and all taxable personal property. 1] From: Subject: Date: Members, Board of Superviso~%..~ EJla Washington Carey, Reading List for April 16, 2003~' Ap~l 8, 2003 December 16(A), 2002 January 8, 2003 January 15(A), 2003 February 5, 2003 February 12(A), 2003 March 12, 2003 Mr. Dorrier Pages I- 23 (end #20) - Mr. Perl4ns Pages 23 (begn #20) - end - Mr. Martin Mr. Bowerman Pages I - 27 (end #14) - Ms. Thomas Pages 27 (begin #14) - end - Mr, Rooker Mr. Bowerman Mr. Martin NOTE: PLEASE REMEMBER TO PULL YOUR MINUTES IF YOU HAVE NOT READ THEM. /ewc BUDGET RESOLUTION BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the budget for the County for the Fiscal Year beginning July 1, 2002 be approved as follows: Administration Judicial Public Safety Engineering and Public Works Human Development (including PVCC) Parks, Recreation, and Cultural Community Development Refunds City/County Revenue Sharing Capital Improvements Budget Stormwater Improvements General Government Debt Service Education - Debt Service Education - School Operations Education - Self-Sustaining Funds Special Revenue Fund Operations Less: Inter-fund Transfers Board Contingency Reserve TOTAL $ 7,565,206 $ 2,676,090 $ 17,267,181 $ 4,163,607 $ 11,678,353 $ 4,467,874 $ 4,477,869 $ 92,100 $ 7,726,021 $ 22,596,O0O $ 300,000 $ 2,O08,667 $ 10,184~954 $ 104,083,034 $ 11,605,153 $ 14,520,481 $ (7,489,137) $ 179,015 $ 218,102,468 I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a resolution adopted by the Board of Supervisors of Albemarle County, Virginia, at a regular meeting held on April 16, 2003. Clerk, Board of SupervisionS"--'" RESOLUTION BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia, does hereby set the County Levy for the Calendar Year 2003 for General County purposes at Seventy-Six Cents ($0.76) on every One Hundred Dollars of assessed value of real estate; at Seventy-Six Cents ($0.76) on every One Hundred Dollars of assessed value of manufactured homes; at Seventy-Six Cents ($0.76) on every One Hundred Dollars of assessed value of public service assessments; at Four Dollars and Twenty-Eight Cents ($4.28) on every One Hundred Dollars of assessed value of personal property; and at Four Dollars and Twenty-Eight Cents ($4.28) on every One Hundred Dollars of assessed value of machinery and tools; and FURTHER orders that the Director of Finance of Albemarle County assess and collect the taxes on all taxable real estate and all taxable personal property. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a resolution adopted by the Board of Supervisors of Albemarle County, Virginia, at a regular meeting held on April 16, 2003. (~r~ Boa~ of su-p~rviso~ COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ACE Program; Acceptance of Landowners' Offers to Sell Conservation Easements SU BJ ECT/PROPOSAL/REQUEST: Adopt resolution accepting the landowners' offers to sell conservation easements. STAFF CONTACT(S): Tucker, Foley, Davis, Cilimberg, Kamptner AGENDA DATE: April 16th, 2003 ACTION: CONSENT AGENDA: ITEM NUMBER: INFORMATION: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: ACE regulations require each landowner who desires to sell a conservation easement to submit a written offer to the County to sell the easement for a fixed price, subject to the terms and conditions contained in a proposed deed of easement negotiated by the parties. The regulations also require that, if the Board accepts the offer, it must do so in writing and only after an action by the Board authorizing acceptance. The Board is not required to acce pt an offer to sell a conservation easement. Either the Albemarle County Public Recreational Facilities Authority ("PRFA") or the Virginia Outdoors Foundation ("VOF") may be co-holders of the easements though none of the properties from this year's class have designated VOF as an easement co-holder. DISCUSSION: The County has received offers to sell conservation easements for the following properties: Owner(s) Tax Map-Parcel Numbers Price Co-holder Byrom TM 6, Parcels 16 & 29 (599.590 acres) $ 84,700 PRFA Hughes TM 84, Parcels 57 & 58 (118.820 acres) $119,000 PRFA Pollock TM 71, Parcel 26 TM 85A, Parcel 1 TM 85, Parcel 22B (102.430 acres) $123,000 PRFA In addition to the above three (3) properties from the applicant pool of 2001-02 (see Attachment "A"), one applicant (McCaskill) dropped out and two other applicants (Millwood Land Trust) must resolve details in their Deeds of Easement before the County can extend them an "Invitation to Offer to Sell". It is contemplated these issues will be resolved before month's end. Since McCaskill dropped out of the program unexpectedly, his absence will free up an additional $251,000 in the ACE budget. As a result, the ACE Committee plans to convene a meeting on April 23rd to determine whether to recommend that the Board extend "Invitations to Offer to Sell" to Hart and Scharer, the next two eligible applicants from 2001-02. It has always been contemplated that in the event a higher ranked applicant drops out, the ACE Committee could designate a substitute applicant(s). RECOMMENDATION: Adopt the attached resolution accepting the landowners' offers to sell conservation easements to the County, for the prices specified and subject to the terms and conditions contained in the proposed deeds of easement and authorize the County Executive to sign the final deeds of easement for each of the properties. 03.049 RESOLUTION ACCEPTING OFFERS TO SELL CONSERVATION EASEMENTS UNDER THE ACE PROGRAM WHEREAS, the County has received offers to sell conservation easements under the ACE Program from the owners of the following properties: Tax Map 6, Parcels 16 and 29 (Byrom) Tax Map 84, Parcels 57 and 58 (Hughes) Tax Map 71, Parcel 26; Tax Map 85, Parcel 22B; Tax Map 85A, Parcel 1 (Pollock); and WHEREAS', each owner offered to sell conservation easements on the respective properties to the County for a fixed purchase price, subject to terms and conditions set forth in the proposed deed of easement enclosed with the County's invitation to offer to sell, subject to any further revisions deemed necessary by the County Attorney and agreed to by the owner. NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors hereby accepts the offers to sell conservation easements described above, and authorizes the County Executive to execute all documents necessary for completing the acquisitions. BE IT FURTHER RESOLVED that the Board of Supervisors hereby directs the County Attorney to send copies of this resolution to the owners of the properties identified herein, or their contact persons. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by vote of to , as recorded below, at a meeting held on Clerk, Board of County Supervisors Mr. Bowerman Mr. Dorrier Mr. Martin Mr. Perkins Mr. Rooker Ms. Thomas Aye Nay Attachment "A" ACE Applications for Year 2001 (deadline of Auqust 1st, 2001) (15 points are needed to qualify for ACE Funding) Applicant Tax Map (Acreage) Points Travel/Tourism Value* Byrom, Robert M. (Boonesville) TM 6, Parcel 16 TM 6, Parcel 29 Total (115.350 acres) (484.240 acres) (599.590 acres) 23.10 yes ~AI [2 RJl~t"~l.-~ll 'k* (Batesville) nc Clarke, Gladys W. TM 54, Parcel 27B ( 4.700 acres) (Greenwood) TM 54, Parcel 27C ( 5.000 acres) TM 54, Parcel 29A1 ( 0.200 acres) TM 55, Parcel 7 ( 45.000 acres) TM 55, Parcel 1 lA ( 65.350 acres) Total (120.250 acres) 2'1.49 no Hughes, Massie E. (Batesville) TM 84, Parcel 57 ( 29.200 acres) TM 84, Parcel 58 ( 89.620 acres) Total (118.820 acres) 20.18 no Millwood Land TrustTM 65, Parcel 86 (105.360 acres) (Cismont) TM 65, Parcel 84A ( 3.520 acres) Total (108.880 acres) 19.85 yes Pollock, Jason K. TM 71, Parcel 26 ( 21.730 acres) 19.70 (Batesville) TM 85A, Parcel 1 ( 23.990 acres) TM 85, Parcel 22B ( 56.710 acres) Total (102.430 acres) no Hart, James ** (Buck Island Creek) TM 103, Parcel 31 (227.030 acres) 17.55 no Scharer, Edward ** TM 93, Parcel 51A (113.725 acres) (Boyd Tavern) 17.45 yes * Travel/tourism value is determined by the presence of specific elements from the ranking evaluation criteria making certain properties eligible for funding from the transient lodging tax. The specific criteria include the following: contains historic resources or lies in a historic district; lies in the primary Monticello view shed; adjoins a Virginia scenic highway, byway or entrance corridor; lies on a state scenic river; provides mountaintop protection. ** Re-enrolled from last year. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGEN DA TITLE: Schedule Public Hearing to Consider Granting Relocated Sanitary Sewer Line Easement across Tax Map 61Z, Section 3, Parcel 9 (Branchlands area) SUBJECT/PROPOSAL/REQUEST: Schedule public hearing to consider granting to the Albemarle County Service Authority a relocated sanitary sewer line easement across Tax Map 61Z, Section 3, Parcel 9 (Branchlands area) STAFF CONTACT(S): Messrs. Tucker, Foley, Davis, Cilimberg AGENDA DATE: April 16, 2003 ACTION: CONSENT AGENDA: ACTION: X ATTACHMENTS: REVIEWED BY: BACKGROUND: ITEM NUMBER: INFORMATION: INFORMATION: No Tax Map 61Z, Section 3, Parcel 9 is a 3.285 acre parcel in the Branchlands area owned by the County. The prior owners of the Parcel granted the Albemarle County Service Authority ("ACSA") an easement to in stall and maintain a sanitary sewer line. The location of the sewer line, as built, varies slightly from the location of the easement originally granted. The proposed 20-foot sanitary sewer line easement would relocate the easement to correspond to the as- built location of the sewer line; a portion of the existing easement would be abandoned. DISCUSSION: Virginia Code § 15.2-1800 requires that the Board hold a public hearing prior to conveyance of any interest in County- owned property. RECOMMENDATION: Staff recommends that the Board schedule a public hearing to consider granting the proposed easement on May 7,2003. 03.048 FAX (434) 972-4126 coum ' OF AUa L Department of Building Code and Zoning Services 401 Mclntire Road, Room 227 Charlottesville, Virginia 22902-4596 TELEPHONE (434) 296-5832 'FED (434) 972-4012 April 1, 2003 Brian Ray Roger Ray & Assoc., Inc. 1717-1B Allied Street Charlottesville, VA 22903 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS - Tax Map 9, Parcels 12, 29, 30, 31, 32 and 33 (Property of Mary Jane Chisholm, Trustee) Tax Map 9, Parcel 30 (Property of Edward, Paul or Ruth Knight) 10.3.1 Dear Mr. Ray: The County Attorney and I have reviewed the title information for the above-noted property. It is the County Attorney's advisory opinion and my official determination that Tax Map 9, Parcels 29, 30, 31 & 33 are each sin§b parcels of record. Parcel 12 is comprised of three separate parcels of record. Parcel 32 is comprised of five separate parcels of record. The development rights associated with each parcel are indicated on the chart. The bracketed numbers refer to separate parcels shown on the attached key. TM/P PARCELS OF RECORD ACREAGE +/- DEV. RIGHTS 9/12 I [1] 130.6 5 [2] 37.0 5 [3] 2.8 1 9/29 [4] 81.75 5 9/30 [5] 1, 5.2 2 9/31 [6] 5.25 ' 2 9/32 [7] 32.0 5 - [8] -.- 65 5 · [9] · 75 5 [10] & [11] 85 5 · [12] 19 r5 9/33 [13] 24.75 5 I:~DEPT'~BCZS\Determin of Parcel\9-12 Chisholm Trust. doc Chisholm Trust April 1,2003 Page 2 Our records indicate Tax Map 9, Parcel 12 contains 167.50 acres and no dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1720, page 377. Our records indicate Tax Map 9, Parcel 29 contains 81.75 acres and one dwelling. The property is not in' an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1720, page 377. Our records indicate Tax Map 9, Parcel 30 contains 15.2 acres and one dwelling. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 928, page 606. Our records indicate Tax Map 9, Parcel 31 contains 5.25 acres and no dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1720, page 377. Our records indicate Tax Map 9, Parcel 32 contains 276.87 acres and one dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1720, page 377. Our records indicate Tax Map 9, Parcel 33 contains 24.75 acres and no dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1720, page 377. The basis for this determination is summarized as follows, beginning with parcel 12. Tax Map 9~ Parcel 12 shown on the key as [1], [2] & [3] Deed Book 315, page 139, dated February 17, 1955, conveyed land aggregating 170.40 acres from John P. Spaulding & Elsie N. Spaulding to S.D. Forbes, Inc. The real estate is described below. The three tracts are now shown on Tax Map 9 as a single tract identified as Parcel 12. TRACT NO. 1: A tract containing 130.60 acres, more or less, being adjacent to and southwest of the other two parcels conveyed herein. [1] TRACT NO. 2: A'tract containing 37 acres, more or less, being adjacent to and northeast of the other two parcels conveyed herein. [2] I:~DEP'IABCZSADetermin of Parcel\9-12 Chisholm TrUst.doc Chisholm Trust April 1, 2003 Page 3 The above two tracts are the same property conveyed to the Grantor by the deed recorded in Deed Book 265, page 397. TRACT NO. 3: A tract containing 2.80 acres, more {:)r less, being a wedged shaped parcel situated between the other two tracts herein conveyed. [3] Deed Book 335, page 20, dated September 18, 1957, conveyed '167.5 acres from Forbes Garden Supply, Inc. (formerly S. D. Forbes, Inc.) to West Virginia Pulp and Paper Company. The property is described as consisting of three contiguous tracts aggregating 167.5 acres, more or less, as shown on a plat by T. W. Saunders, S.N.C. dated September, 1957 and attached to this deed and being in all respects the same property conveyed by the deed recorded in Deed Book 315, page 139. The deed states that it is the intention of the grantor to convey the entire property acquired by the deed which recites the acreage as 170.40 acres, which amount has since been determined to be slightly in error as is indicated by the Saunders plat. [1] [2] [3] The plat shows the perimeter only of the property and numbers the tracts 1, 2 and 3. The internal lines showing the bounds of the three separate parcels are not shown on the plat. Based on the deed description of this property as three contiguous tracts and the reference to the description of the property in Deed Book 315, page '139, it is determined that Parcel 12 is comprised of three separate parcels as described herein and shown as [1] [2] [3] on the map key. Tax Map 9, Parcel 29 shown on the key as [4] Deed Book 208, page 209, dated April 8, 1930, conveyed 31 acres from Mrs. Pearl Shifflett to J. M. Knight. The parcel is described as a portion of the land acquired by Mrs. Pearle Shifflett by deed dated March 24, 1930 and recorded in the current deed book just prior to this deed. That parcel contained 113 acres. As a result of this transaction, the residue contained 82 acres. The 82-acre parcel is shown on Tax. Map 9 as Parcel 29 and is labeled as [4] on the key. The 31- acre parcel is shown on Tax Map 9 as Parcels 30, 30A and 30B. Parcel 30 is labeled as [5] on the key. Deed Book 418, page 538, dated June 15, 1966, conveyed 81.75 acres from James J. Shifflett & Upsie Shifflett to E. Morris Chisholm. The property is described as being ali of a tract of 112.75 acres described in a deed recorded in Deed Book 193, page 170, excepting a tract of 31 acres conveyed off and described in a deed recorded in Deed Book 208, page 209. On the basis of this deed, Tax Map 9, Parcel 29 is determined to be a parcel of record. Copies of the deeds that establish the chain of title back to Deed Book 193, page 1-70 are in the file. I:\DEPT~BCZS~Determin of Parcel~9-12 Chisholm Trust.doc Chisholm Trust April 1, 2003 Page 4 Tax Map 9, Parcel 30 shown on the key as [5] Deed Book 244, page 242, dated September 21, 1939, conveyed 31 acres from J. M. Knight to William L. Knight & Ethel 'F. Knight. The propertylis described as lying on the West side of Simmons Gap Road adjacent to the lands of Robert Ham, Jake Ham and others. It is further identified as being the same tract that was conveyed in Deed Book 208, page 209. Deed Book 246, page 295, dated May 7, 1940, conveyed 31 acres from William L. Knight & Ethel F. Knight to James F. Knight & Maggie Knight. The property is described as lying on the West side of Simmons Gap Road adjacent to the lands of Robert Ham, Jake Ham and others. A more complete description is in Deed Book 244, page 242. On the basis of this deed, what are now shown on Tax Map 9, Parcels 30, 30A and 30B are determined to have been a single parcel of record on the date of the adoption of the ordinance. [5] Tax Map 9, Parcel 31, shown on the key as [6] Deed Book 86, page 404, June 10, 1886, conveyed 113 acres from Leah Cox to M. O. Cox. The property is described as being on'the public road from Earlysville to NortonSville containing 88 N acres. Also, one other lot or parcel of timberland containing 24 3A acres, adjoining Geo. Wm. Cox, Dr. J. S. Richards and others. The 88 ¼ parcel is comprised of [6] & [9] on the map key. The 24 3A acre parcel is [13] on the map key. Deed Book 266, page 273, dated January 4, 1946, conveyed a joint life estate from Clarance Cox to Vessie Smith Cox in two parcels described as follows: Parcel No. One: All of two certain lots or parcels of land adjoining M. O. Cox, Wilhoit and others, being a portion of the 420 acres owned by Leah Cox and surveyed by J. T. E. Simms in October 1884, and containing in the aggregate 97 acres, more or less. [7] & [8] Parcel No. Two: A certain lot or parcel of land adjoining the lands of Mrs. O. H. Via, Ira G. Woods and others. The parcel conveyed is supposed to contain 75 acres, be the same more or less, it being a portion of 88 ~,4 acres on the south side of Nortonsville Road [9] and the balance of 88 ~,4 on north side [6]. Deed Book 277, 'page 355, dated January 7, 1948, conveyed certain lots or parcels from Clarence Cox & Vessie Smith Cox to O. N. Davis. The property is more particularly described in part as: I:'tDEP'r~Bczs~)etermin of Parcel\9-12 Chisholm Trust.doc Chisholm Trust April 1, 2003 Page 5 Parcel No. one: All of two certain lots or parcels of land adjoining M. O. Cox, Wilhoit and others, being a portion of the 420 acres owned by Leah Cox and surveyed by J. T. E. Simms in October 1884, and containing in the aggregate 97 acres, more or less. [7] & [8] ' Parcel No. Two: A certain lot or parcel of land adjoining the lands of Mrs. O. H. Via, Ira G. Woods and others... The parcel of land above conveyed is supposed to contain 75 acres, be the same more or less, it being a portion of 88 4,4 acres on the south side of Nortonsville Road and the balance of 88 ¼ on north side, being the same land as was conveyed by the deed recorded in Deed Book 266, page 273. [9] One would assume that the residue of this transaction contained approximately 13.5 acres. This parcel is shown on Tax Map 9 as Parcel 31 and is labeled [6] on the key. On the basis of this deed, the residue of the 88¼ acre parcel, identified as Parcel 31 on Tax Map 9 is determined to be a parcel of record. Based on the descriptions of the property contained in the deeds, one would assume the property contains 13 Y2 acres. However, County records indicate the property contains 5 Y2 acres. This discrepancy has not been resolved. This parcel is labeled [6] on the key. Deed Book 408, page 287, dated April 8, 1965, conveyed a perpetual construction and maintenance easement from the Estate of M. O. Cox to the Commonwealth of Virginia. Tax Map 9, Parcel 32 shown on the kev as 171, [81, [91, 1'101,[11] & [121 Deed Book 86, page 296, dated May 18, 1886, conveyed 105 acres from Leah Cox to Margaret Estelle Via. The property is described as being all of that tract or parcel of land being and lying on Beaver Dam Creek in Albemarle County adjoining John F. Cox and others, also one other lot of timberland adjoining same lot containing 19 acres. This is a portion of the 420 acres shown on the plat of J.T.E. Simms dated October 1884. The Simms plat shows two tracts owned by Mrs. C. H. Via: one containing 86 acres [10] and another containing 19 acres. [11] It is assumed here that Margaret Estelle Via is Mrs. C. H. Via. Deed Book 86, page 297, dated May 18, 1886, conveyed 105 acres from Leah Cox to John F. Cox. The property is described as being all of that tract or parcel of land being and lying on Beaver Dam Creek in Albemarle County adjoining Wm. R. WoOd and others, containing by survey 86 acres and aisc one other lot or parcel of land in timber adjoining D.J.S. Richards ~and others containing 19 acres. This is a portion of the 420 acres shown on the plat of J.T.E. Simms dated October 1884 that is described above. The Simms plat shows two tracts owned by John F. Cox. One contains 19 acres. [12] I:~DEP'r'~BCZS~Determin of Pamel\9-12 Chisholm Trust.doc Chisholm Trust April 1, 2003 Page 6 The other contains 86 acres that is now designated as Tax'Map 18, Parcel 27. Parcel 27 is not part of this determination. Deed Book 86, page 403, dated June 10, 1886, conveyed',97 acres from Leah Cox to M. O. Cox as trustee for George W. M. Cox. The property is described as being two lots or parcels; a lot of cleared land containing 65 acres marked on said plat to Geo. W. M. Cox, also a lot of timberland adjoining containing 32 acres also marked to Geo. W. M. Cox on said plat making 97 acres in all. The 65-acre tract is now a portion of Parcel 32 and is shown as [8] on the key. The 32-acre parcel is also a portion of Parcel 32 and is shown as [7] on the key. Deed Book 86, page 404, dated June 10, 1886, conveyed 113 acres from Leah Cox to M. O. Cox. The property is described as being ali of that tract or parcel of land on the public road leading from Earlysville to Nortonsville containing 88 ~,4 acres. Also one other lot or parcel of timberland containing 24 3,4 acres adjoining Geo. Wm. Cox, Dr. J. S. Richards and others. This is a portion of the 420 acres shown on the plat of J.T.E. Simms dated October 1.884. The 88 4,4 - acre tract consists of approximately 75 acres that is now a portion of Parcel 32 and is shown as [9] on the key and approximately 13 ~ acres identified as Parcel 31 and shown as [6] on the map key. The 24 3,4-parcel is now identified as Parcel 33. [13] Deed Book 141, page 277, dated December 4, 1909, conveyed 105 acres from Micajah Woods, Commissioner in the chancery cause of James H. Via v. Elmer G. Via and others, to John F. Cox. The land is described as being the same land that'was conveyed to Margaret Estelle Via by Leah Cox by the deed recorded in Deed Book 86, page 296. The deed further states that the said tract of land consists of two parcels, one containing 86 acres and the other 19 acres. [10] & [11] Deed Book 146, page 171, dated June 8, 1911, conveyed 20 acres from John F. Cox & Mary A. Cox to A. G. Cox. The property is further described as being a part of the land that was assigned by.Mrs. Leah Cox to M. E. Cox, and purchased by Jno. F. Cox and is on the west side of that place, and adjoins the lands of Jno. F. Cox and Laura Marshall. As a result of this transaction, the tract that is shown as [10] contained 66 acres. Deed Book 150, page 96, dated December 1,1911 conveyed 85 acres from John F. Cox & M. A. Cox, his wife, to Frank L. Wood & Minnie E. Wood. The parcel is described as adjoining the lands of Dr. W. A. Kyger, M. O. Cox, A. G. Cox, G. W. Cox and Laura Marshall, and John F. Cox. [~ 0] & [11] The 85 acre tract is the residue of [10], containing 66 acres and [11], containing 19 acres for total of 85 acres. This tract is described here as a single parcel and it continues to be described as a single parcel from now on. I:\DEPT~CZS~etermin of Parcel\9-12 Chisholm Trust. doc Chisholm Trust April 1, 2003 Page 7 Deed Book 150, page 186, dated December 1,1911 conveyed 19 acres from John F. Cox & M. A. Cox, his wife, to Aubrey G. Cox. The parcel is described as adjoining the lands of Mrs. Laura Marshall, Dr. W. A. Kyger and Minnie Wood. [12] i I Deed Book 171, page 353, dated November 4, 1919, conveyed 85 acres from R. T. W. Duke, Jr., Commissioner in the Chancery Cause of F. L. Wood vs, Isla M. Wood and F. L. Wood to Bernard T. Parrott. The property is described as being the same tract as was conveyed to F. L. Wood & Minnie E. Wood by the deed recorded in Deed Book 150, page 96. [10] & [11] Deed Book 171, page 513, dated November 14, 1919, conveyed 85 acres from B.T. Parrott & Sallie A. Parrott to C. B. Naylor and Lyman H. Naylor. The property is described as being the same land conveyed to B. T. Parrott by the deed recorded in Deed Book 171, page 353. [10] & [11] Deed Book 180, page 469, dated August 22, 1922, conveyed 19 acres from Aubrey G. Cox and M. L. Cox to L. H. Naylor. This 'is described as the same land conveyed to Aubrey G. Cox by John F. Cox by the deed recorded in Deed Book 150, page 186. [12] Deed Book 181, page 268, dated November 23, 1922, conveyed 85 acres from C. B. Naylor & Bessie D. Naylor to Lyman H. Naylor. The property is described as the one half interest conveyed to the Grantors by the deed recorded in Deed Book 171, page 513 containing 85 acres and adjoining the land of George Cox, Aubrey Cox, Dr. Kyger and others. [10] & [11] Deed Book 193, page 430, dated June 7, 1926, conveyed 104 acres from H. W. Walsh & T. J. Michie, Trustees to James C. Knight & George A, Knight. The property is described as consisting of two tracts as follows: a tract of 19 acres, more or less, conveyed' to said L. H. Naylor by the deed recorded in Deed Book 180, page 469 [12]; and a tract of 85 acres conveyed to said Lyman H. Naylor and C. B. Naylor by deed recorded in Deed Book 171, page 513 [10] & [11], the interest of C. B. Naylor having been conveyed to Lyman H. Naylor by the deed recorded in Deed Book 181, page 268 [10] & [11]. Deed BOok 210, page 539, dated September 10, 1929, conveyed all of the undivided interest in 104 acres oft James Knight to'George A. Knight. The property is described as consisting of two tracts, one consisting of 19 acres, more or less, and the other containing 85 acres more or less, both tracts aggregating 104 acres and being the same land conveyed by the deed recorded in Deed Book 193, page 430. [10], [11] & [12] I:\DEP'P~CZS~etermin of Parcel\9-12 Chisholm Trust. doc Chisholm Trust April 1, 2003 Page 8 Deed Book 252, page 453, dated December 16, 1941, conveyed 104 acres from George A. Knight to Cecil R. Knight & Charlie M. Knight. The property is described as consisting of two small tracts, one containing 85 acres, more or less, and the other containing 19 acres, more or less, both tracts containing 1~34 acres and being the same land conveyed by the deed recorded in Deed Book 193, page 430 and in Deed Book 210, page 539. [10], [11] & [12] Deed Book 266, page 273, dated January 4, 1946, conveyed two parcels of land from Clarance Cox to Vessie Smith Cox. The property is described as consisting of certain lots or parcels described in part as follows: PARCEL NO. ONE: All of those two certain lots or parcels of land adjoining M. O. Cox, Wilhoit and others, containing in the aggregate 97 acres. [7] & [8] PARCEL NO. TWO: A certain lot or parcel of land adjoining the lands of Mrs. C: H. Via, Ira G. Woods and others. The parcel is supposed to contain 75 acres, it being a portion of the 88¼ acres on the south side of Nortonsville road. [9] Deed 'Book 270, page 521, dated September 28, 1946, conveyed the one-half undivided interest of Charlie M. Knight and Hattie V. Knight in 104 acres to Cecil R. Knight. The property is described as consisting of two tracts, one containing 85 acres, more or less, and the other containing 19 acres, more or less, both tracts containing 104 acres and being the same land conveyed by the deed recorded in Deed Book 193, page 430. [10], [11] & [12] Deed Book 278, page 107, dated March 19, 1948, conveyed 104 acres from Cecil R. Knight & Ruby R. Knight to O. N. Davis. The property is described as consisting of two tracts, one containing 85 acres, more or less, and the other containing 19 acres, more or less, both tracts containing 104 acres in the aggregate. This is the same land conveyed by the deed recorded in Deed Book 252, page 453 and Deed Book 270, page 521. [10], [11] & [12] Deed Book 343, page 378, dated October 14, 1958, conveyed an undivided one half interest in three certain tracts from Orville N. Davis to Jennie Mae Davis. The property is described as containing 276 acres in the aggregate and described as three tracts as follows:' 1. A tract of 97 acres, made up of the following: (a) A tract of 65 acres, [8] and (b) a tract of 32 acres. [7] I:\DEP'~BCZS\Determin of Parcel\9-12 Chisholm Trust.doc Chisholm Trust April 1,2003 Page 9 2. A tract of 75 acres adjoining the above tract, having been conveyed by the deed recorded in Deed Book 277, page 355, and [9] 3. A tract of 104 acres conveyed by the deed recorde~ in Deed Book 278, page 107. [10], [11] & [12] The most recent deed for Parcel 32, recorded prior to the adoption of the ordinance is found in Deed Book 351, page 404. That deed is dated August 27, 1959. It conveyed 276.87 acres from Orville N. Davis & Jennie Mae Davis to E. Morris Chisholm. The property is described as consisting of four tracts of land acquired by Orville N. Davis as follows: Two (2) tracts by deed of Clarence Cox and Vassie Cox recorded in Deed Book 277, page 355 described as containing 97 and 75 acres, more or less, respectively. ['7], [8] & Two (2) tracts by deed of Cecil R. Knight & Ruby W. Knight recorded in Deed Book 278, page 107 described as containing 85 and 19 acres, more or less, res pectively. [10], [11] &[12] On the basis of this deed, Parcel 32 is determined to be comprised of five separate parcels of record. The two tracts referenced in Deed Book 277, page 355 are determined to consist of three separate parcels; labeled as [7], [8] and [9] containing 32 acres, 65 acres and 75 acres respectively. The two tracts referenced in Deed Book 278, page 107 are determined to consist of two separate parcels; One is comprised of the tracts labeled [10] & [11] that together contain 85 acres. The other contains 19 acres and is labeled [12] on the key. This is the same real estate conveyed from Orville N. Davis to Jennie Mae Davis by the deed recorded in Deed Book 343, page 378, dated October 14, 1958. (In that deed Mr. 'Davis conveyed a 1/~ undivided interest in the property. The deed is in the file.) A plat by J. Arthur Cooke, C.S., dated June 30, 1959 showing the perimeter of the 276.87 acres is recorded with the deed found in Deed Book 351, page 404. Although the plat does not show interior parcel boundaries, it is determined that this plat alone is not sufficient to combine the property into a single parcel.. The language in the deeds maintains the separate parcel identities described herein. I:\DEP'l~BCZS~Determin of Pamel\9-12 Chisholm Trust.doc Chisholm Trust April 1, 2003 Page 10 Tax Map 9, Parcel 33, shown on the key as [13] Deed Book 86, page 404, dated June 10, 1886, conveyed a parcel of land containing 88 lA acres and one other lot or parcel containing 24 3A acres;from Leah Cox to M. O. Cox. These tracts are shown on a plat of 420 acres of the land belonging to Mrs. Warner Cox surveyed by J. T. E. Simms in October 1884. The 884,4- acre parcel is shown on the Key as [9], a portion of Tax Map 9, Parcel 32. The 243,4- acre parcel is shown on the key as [13] and is now identified as Tax Map 9, Parcel 33. On the basis of this deed, Tax Map 9, Parcel 33, shown as [13] on the map key is determined to be a parcel of record. Deed Book 752, page 458, dated October 27, 1982, conveyed two certain tracts or parcels of land from James E. Treakle, Jr., Special Commissioner, to E. Morris Chisholm. The two parcels are described as containing approximately 5.25 and 24.75 acres, respectively (also designated as Parcels 31 and 33 respectively on Tax Map 9) and being the same parcels conveyed to Montressa Orient Cox, under the name M. O. Cox by the deed recorded in Deed Book 86, page 404. [6] & [13] The question of how the area of Parcel 31 [6] was reduced from 13 ¼ acres to 5 ¼ acres has not been resolved in this determination. Deed Book 845, page 40, dated July 3, 1985, conveyed 167.5 acres from Westvaco Corporation to E. Morris Chisholm. The property is described as consisting of three contiguous tracts aggregating 167.5, more or less, as-shown on a plat of survey by T. W. Saunders recorded in Deed Book 335, page 20. [1] [2] [3] This transaction had no effect on the development rights or status as separate parcels of the property. Tax Map 9, Parcel 30, shown on the key as [5] Deed Book 928, page 606 contains a Deed of Partition dated January 14, 1987. The deed conveys the property of the late James F. Knight. The property was acquired by James F. Knight & Maggie Knight by the deed dated May 7, 1940 that is recorded in Deed Book 246, page 295. This deed is between Margaret Knight Snow and Lawrence Andrew Knight & Louise Mildred Knight and Edward PaUl Knight and Ruth Knight, parties of the first part, and Margaret Knight Snow and Paul Edward Knight, parties of the second part, and Edward Paul Knight and Ruth Knight, parties of the third part. The deed includes a subdivision plat by Frank Gregg that was approved on August 19,. 1986. The plat divided Tax Map 9, Parcel 30 into two parcels; one containing 17+/- acres with three development rights and another containing 13.980 acres with two development rights. The 17-acre tract, designated as Tax Map 9, Parcel 30, was I:\DEP'r~Bczs-'\Determin of Pamela9-12 Chisholm Trust.doc Chisholm Trust April 1, 2003 Page 11 conveyed to Edward Paul Knight and Ruth Knight. The 13.980-acre parcel is designated as Parcel 30A on Tax Map 9. it is not included in this determination. Deed Book 1362, page 175, dated September 30, 1993, c.~nveyed 2 acres from Edward P. Knight and Ruth Knight to Larry W. Shifflett and Joyce I~. Shifflett. The parcel is shown on a plat by Gibson, McKnight & Assoc., approved on November 22, 1993. The lot is a portion of Parcel 30. As a result of this transaction, Parcel 30 contains 15 +/- acres and two development rights. [5] Tax Map 9, Parcel 12 shown on the key as [1] [2] [3], Parcel 29 shown on the key as [4], Parcel 31 shown on the key as [6], Parcel 32 shown on the key as [7] [8] [9] [10] [11] [12] & Parcel 33 shown on the key as [13] Deed Book 1395, page 726, dated April 4, 1994, conveyed several tracts of land from Mary Jane Chisholm, Executor of the Estate of Edward Morris Chisholm to Mary Jane Chisholm. Among the tracts are the following: TRACT ONE: (Tax Map 9, Parcel 12) [1] [2] [3] All that certain tract or parcel. consisting of three contiguous tracts aggregating 167.5 acres as shown on the plat by T. W. Saunders that is dated September, 1957 and is recorded along with a deed in Deed Book 335, page20. TRACT TWO: (T.M. 9, P. 29) [4] All that certain tract or parcel consisting of land containing 81.75 acres [4], being all of that tract of 112.75 described in a deed recorded in Deed Book 193, page 170, excepting a tract of 31 acres [5] conveyed off and described in a deed recorded in Deed Book 208, page 209. TRACT THREE: (T.M. 9, P. 31) [6] and (T.M. 9, P. 33) [13] All those two certain tracts or parcels containing approximately 5.25 acres and 24.75 acres respectively. These are the same tracts conveyed to E. Morris Chisholm by the deed recorded in Deed Book 752, page 458. TRACT FOUR: (TF.M. 9, P. 32) [7] [8] [9] [10] [11] [12] Ali that certain tract or parcel of land containing 276.87 acres according to survey and plat thereof made by J. Arthur Cooke, C.S., dated June 30, 1959 and recorded in Deed Book 351, page 406, and being the same property conveyed to E. Morris Chisholm by the deed of Orville N. Davis and Jennie Mae Davis recorded in Deed Book 351, page 404. This description does not combine the tracts because at the time of this deed parcels. could only be combined via the County subdivision process. The plat attached to Deed I:\DEPT~BCZS~:)etermin of Pamela9-12 Chisholm Trust.doc Chisholm Trust April 1, 2OO3 Page 12 Book 351, page 404 did not combine the parcels because the deed identifies the multiple tracts: "The above described real estate, consisting of four tracts of land..." The plat is an exterior boundary survey. This conveyance had no effect on the development rights or status as separate parcels of record of the subjec~t properties of this determination. Deed Book 1720, page 377, dated June 18, 1998, conveyed the same property described in Deed Book 1395, page 726 from Mary Jane Chisholm to Mary Jane Chisholm, Trustee under the Mary Jane Chisholm Declaration of Trust dated May 16, 1994. This conveyance had no effect on the development rights or status as separate parcels of record of the subject properties of this determination. Based on this history, Tax Map 9, Parcel 12 is determined to be three separate parcels of record. Tax Map 9, Parcel 29 is determined to be one parcel of record. Tax Map 9, Parcel 30 is determined to be one parcel of record. Tax Map 9, Parcel 31 is determined to be one parcel of record. Tax Map 9, Parcel 32 is determined to be five parcels of record. Tax Map 9, Parcel 12 is determined to be one parcel of record. Each of these parcels are determined to have the development rights that are specified on the chart. These parcels can utilize these development rights if all other applicable regulations can be met. These development rights are theoretical in nature but do represent the maximum r~umber of lots containing less than twenty-one acres that are allowed to be created by right. In addition to the development right lots, as many parcels containing a minimum of twenty-one acres may be created as the property can support, if all other applicable regulations can be met. If you are aggrieved by this determination, you have a right to appeal it within thirty, days of the date notice of this determination is~given, in accordance with Section 15.2-2311 of the Code of Virginia. if you do not file a timely appeal, this determination shall be final and unappealable. An appeal shall be taken only by filing with the Zoning Administrator and the Board of Zoning Appeals a notice of appeal that specifies the grounds for the appeal. An appeal application must be completed and filed along with the fee of $120. The date notice of this determination was given is the same as the date of this letter. If you have any questions, please contact me. Sincerely, John Shepherd Manager of Zoning Administration I:~DEPT~CZS\Deten'nin of Parcel\9-12 Chisholm Trust.doc Chisholm Trust April 1, 2003 Page 13 Copies: Gay Carver, Real Estate Department Reading File Ella Carey, Clerk to the Board of Supervisors Mary Jane Chisholm, Trustee 3260 Earlysville Road Earlysville, VA 22936 Edward, Paul or Ruth Knight 1021 Simmons Gap Road Dyke, VA 22935 Enclosure: Tax Maps 9 & 18 showing the location of the 12 separate parcels I:\DEPT~CZS~etermin of Pamel\9-12 Chisholm Trust. doc '. ~D ~E STATE AND LOCAL GOVERNMENT CONFLICT OF INTERESTS ACT TRANSACTIONAL DISCLOSURE STATEMENT For Officers and Employees of Local Government [Virginia Code § 2.2-3115(E)] 1. Name: Dennis S. Rooker Dated: Title: Member, Albemarle County Board of Supervisors Transaction: SP-2002-046, Brown Auto Park (Outdoor display of vehicles); SP-2002- 065, Brown Auto Park ('Structured parking) Nature of personal interest affected by the transaction: Represent individual or business and the represented individual or business is the subject of the transactions. I declare that I am disqualifying myself from participating in this transaction and request that this fact be recorded in the appropriate public reCords fora period of five years. Signature March 27, 2003 COUNTY OF ALBEMARLE Department of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972- 4012 Steve Driver McKee Carson 301 East High St Charlottesville, VA 22902 RE: SP-2002-046 Brown Auto Park (Outdoor Display of Vehicles) SP-2002-065 Brown Auto Park (Structured Parking) SDP-02o105 Brown Auto Preliminary Site Plan Dear Mr. Driver: The Albemarle County Planning Commission, at its meeting on March 25, 2003, by a vote of 5:0, approval of the above-noted petitions to the Board of Supervisors. Please note that this approval is subject to the following conditions: SP-2002-046 Brown Auto Park (Outdoor Display of Vehicles): 3. 4. 5. The site shall be developed n general accord with the attached Daggett & Grigg plans, for Brown Auto Park, entitled ARB Package, dated January 15, 2003, Site Plan, dated March 20, 2003, and Display Parking Plan, dated March 20, 2003. Vehicles shall not be elevated anywhere on site (through the use of racks or other lift devices); Vehicles shall be displayed only in areas indicated for display shown on the attached Daggett & Grigg plans, for Brown Auto Park, entitled Display Parking Plan, dated March 20, 2003. Reduce the amount of ground level vehicle display, to the satisfaction of the Architectural Review Board. Planting islands in the display area east and south of the phase 2 building shall be increased in size to allow for true clustering of trees. Clusters shall be compose of a combination of conifers and broadleaf evergreens; and In Phase 1, provide all landscaping except for interior plantings associated with Phase 2. SP-2002-065 Brown Auto Park (Structured Parkinq): 2. 3. 4. 5. 6. The site shall be developed in general accord with the attached Daggett & Grigg plans, for Browr Auto Park, entitled ARB Package, dated January 15, 2003. and Site Plan, dated March 20, 2007 Materials for the parking deck and for the structures over the service exit lanes shall mr showroom materials. Painted and raw concrete is not appropriate. The design of the building shall be revised so that parked vehicles will not be visible rooftops of the structures over the service exit lanes; Provide an informal planting of mixed evergreen trees along the north s~cle of thr building; Further reduce the impacts of lighting, including the rooftop pole lights and wall r above the showroom; The design 6f the Phase 2 building shall be compatible with the Phase 1 buildir by the ARB; and Page 2 March 27, 2003 Adjust the parking schedule to the satisfaction of the Zoning Administrator, as described in memorandum, dated March 18, 2003. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on April 16, 2003. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. SDP-02-105 Brown Auto Preliminary Site Plan: The Planning Commission, also by a vote of 5:0, requested that SDP-02-105 be brought back to the Commission after further review by staff. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Margaret Doherty Principal Planner MD/jcf Cc: Ella Carey Amelia McCulley Jack Kelsey Steve Allshouse TO: FROM: DATE: RE: MEMORANDUM Margaret Doherty, Senior Planner Keith Lancaster, Zoning Plans Reviewer March 18, 2003 SDP 02-105 Brown Auto Park Preliminary Site Plan Revised January 6, 2003 These comments replace those of January 22, 2003. The Albemarle County Department of Building Code and Zoning Services will recommend approval of this preliminary site plan for zoning compliance when the following items have been satisfactorily addressed. The Building Official may provide separate comments. [Each comment is preceded by the applicable reference, which is to the Zoning Ordinance unless otherwise specified.] [30.6.2 (b)] Outdoor display requires a Special Use Permit. Once the SP is approved it must be referenced on the plan and all conditions of the SP must be noted on the plan. 2. [4.2.3.2 & 4.2.5] Disturbance of critical slopes requires approval from the Planning Commission. [32.5.6 (b)] Delineate the area and note the square footage for all of the display parking proposed on this site. For the purpose of calculating the parking requirements for this site, display parking includes the area on the plan identified as display parking, the showroom, the storage parking and the storage of inventory parking. It is not necessary or recommended to delineate separate spaces for this display parking. [4.12.6.6.2] The required parking on this site is the sum of the spaces required for the area of display, the spaces required for the service stallS and the spaces required for the employees associated with the service and repair of vehicles. Additional parking is not required for sales and administrative staff. References to additional parking in the service exits and queueing areas must be deleted. These areas must be identified as either travelways, delineated parking spaces or areas of display. 5. [32.5.6 (b)] Based on the above, please revise the schedule of required and provided parking for each phase that includes the following: I space per 1,500 s. f. of display area @ s.f. / 1,500= 2 spaces per service stall @ .. stalls x 2 = I space per each employee associated with automobile service @ employees = Total spaces required = Total spaces provided = . (This figure does not include display spaces) [4.12.4(a)] The parking regulations were amended on February 5, 2003. The ordinance now requires that the number of parking spaces may not exceed the number of spaces required by this section by more than twenty (20) percent. Final tentative approval from the Department of Building Code and Zoning Services will be subject to the following conditions: (The following conditions are those that have been identified at this time. Additional conditions may be added or eliminated based on further review.) 1. [32.5.6(n)] Show the location of all outdoor lighting on the plan. [32.6.6(j)] Provide a description and photograph or diagram and show the location of each type of outdoor luminaire that emits 3,000 or more initial lumens. Please be aware that installation of such luminaires in the future that are not shown on this plan shall require an amendment to this plan. 3. [32.6.6(j)] [4.17.4(b)] Include a photometric plan on the site plan demonstrating that parking area luminaires are in compliance with 4.17.4(b). 4, [32.6.6(h)] Proof of legal recordation of combining of parcels. Please contact me if you have questions or require additional information. I I -.. . :~ ' . _ .~ . 2. L~" ,- 3G 'S £ vA BROWN AUTO PARK SCALE: 1" = 30'-0'; DAGGETT & GRIGG ARCHITECTS 1OO1 ~, MARKET ST. CHARLOTTESVI~.E, VA VOICE:434/971-8848 FAX: 434-/296--3040 ["~= o REVISION NO.: DATE: PROJECT NO.: DATE: 01-t5-03 DRAWING NUMBER: NE _--VEL ~L_ANo ~L~V~TIOM ~I,O .DAGGETT & GRIGG AtRC I--t IT[CT$ 1001 ~. MARKET CHARLO"i-FE~VILL[, VA V0/CE:434/'g?1-88~8 FAX: &34/296-~040 REVISION NO.: DATE: PROJECT NO.: DATE: 01-15-03 DRAWING NUMBER: t~4 5F~.-4GE$ DAGGETT & GRIGG ARCHITECTS lOOl E, MARKET ST. C HARLOTFESVILLE. VA V01CE:434/971-8848 FAX: 4.54-/296-3040 REVISION NO.: DATE: PROJECT NO.: DATE: 01-t5-03 DRAWING NUMBER: I .%2 ,I DAGGETT & GR~GG ARCHITECTS 1001 E. MA~K~'T ~T~ CHARLOTTESVILLE, va VOICE:434,/971-8848 FAX: ¢34/296-3040 REVISION NO.: DATE: PROJECT NO.: DATE: 01-15-03 DRAWING NUME3ER: .DAGGETT & GRIGG ARCH ITKCTS 1001 CHARLOTTESVILLE. VA VOICE:434/971-8848 :AX: 454/296-..3040 ~TION REVISION NO.: DATE: PROJECT NO.: DATE: DRAWING NUMBER: ELE¥,~TION · , .DAGGETT & GmGG ARC H ITECTS CMARL~E~ILLE, VA VOICE:¢5~/971-8848 FAX: REVISION NO.: DATE: PROJECT 'qO.: DATE: 01-15-03 DRAWING NUMBER: _~NE~ ~XIT DAGGETT & GmGG ARCH ITECTS CHARLO~ESVIbLE, VA V01CE:434/g71-8848 FAX: ~34/296-3040 REVISION NO.: DATE: PROJECT NO.: DATE: 01~I5-03 DRAWING NUMBER: ~ E,,AL.IE~ OF"I= I C-- .DAGGETT & GRIGG ARCHITECTS 1OO'1 E. GHARLOTrESVILLE. VA VOICE:,4,34/971-884-8 FAX: INE FLOOR - C__.t-.4FU'r'SLE~ REVISION NO.: DATE: PROdECT NO,: DATE: 01-15-03 DRAWING NUMBER: U 5E,~'/ICE EXiT 5Ef~',z'ICE .DAGGETT & GRIGG ARCHITECTS 1001 E, MARKET ST, CHARLOTTESVILLE, VA VOICE:454/971-8848 FAX: 4.34/296-3040 REVISION NO.: DATE: PROJECT NO.: DATE: 01-15-03 DRAW[NC NUMBER: ,DAGGETT & GRIGG ARCHITECTS 1001 E. MARKET ST. ¢HARLO~ESVILLE, VA VOICE:434/971-8848 FAX: 434./296-3040 lINE FLO0~-. - T~ININ~ ~OOM REVISION NO.: DATE: PROJECT NO.: DATE: 01-15-03 ~-RAWING NUMEIER: .~30U~SLET~IEE L~NE DAGGETT & GRIGG ARCHITECTS 1001 E, MARK~-'T ST. CHARLO~'ESVILLE. VA V01CE:434/971-8848 FAX; 4-54/296-3040 REVISION NO.: DATE: PROdECT NO.: DATE: 01-15-03 DRAWING NUMBER: EBP-,.OLLIN .x::2,U TO F:' ,,A t~.. ,,% I.ON ( ±oo/<,',~'~, SoUTh') .DAGGETT & GRIGG ARCHITECTS 1001 E. MARKET ST. 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'-"%-'-'-=-' j - ' --:" ..... . ..... -"' · i":-'--- :~TION E:)ET,~I L DAGGETT & GRIGG ARCHITECTS 1001 E, MARKET ST, CHARLOI-rESVILLE, VA VOICE:4-54/971-8848 FAX: 4,.t4/296-5040 REVISION NO.: DATE: PROJECT NO.: DATE: 01-].5-03 DRAWING NUMBER: US ROUTE 29 : & GRIGG TECT,q BROWN AUTO PARK SCALE: 1" = 30'-0" i 453~ SF Di~pLSAy 7 PARK. SPACES 26 PARKING SPACES PARKING SPACES 59 PARKING SPACES 24864 SF DISPLAY -l FUTURE DEALERSHIP 2000 SF SHOWROOM 16 SERVICE STALLS \~ 16 PARKING SPACES L/ i} 9 PARKING SPACES ~ 9 PARKINOSPACES ~9/ARKINO SPACES ( ........ Ti 17 PARKING SPACES DEALERSHIP 3000 SF SHOWROOM 18 SERVICE STALLS 22 PARKING SPACES [7 PARKING SPACES 16 PARKING SPACES ~ DEA~'-RsHiP ,,______..) 3000 SF SHOWROOM 18 SERVICE STALLS I PARKING CALCULATIONS 75872 SF DISPLAY PARKING/1500 51 PARKING SPACES 52 SERVICE STALLS 104 PARKING SPACES 82 SERVICE EMPLOYEES 82 PARKING SPACES TOTAL SPACES REQUIRED 237 PARKING SPACES TOTAL SPACES PROVIDED 243 PARKING SPACES & GRIGG TECTS SERVICE EMPLOYEES TECHNICIANS SERVICE WRITERS SERVICE MANAGERS PARTS DEPARTMENTS PARTS MAHAGERS CASHIERS PORTERS TOTAL SERVICE EMPLOYEES 52 9 3 6 3 3 6 82 BROWN AUTO PARK SCALE: 1" = 30'-0" STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: MARGARET DOHERTY MARCH 25, 2003 APRIL 16, 2003 BROWN AUTO PARK SP-02-46 Special Permit for outdoor display of vehicles SP-02-65 Special Permit for structured parking SDP-02-105 Preliminary Site Plan, with critical slopes waiver Applicant's Proposal: The applicant proposes to develop the site for use by one or more auto dealerships. The plan includes outdoor display of vehicles and a parking structure. The proposal is divided into two phases. Phase 1 includes the construction of the parking structure, which will include sales and service of vehicles on the first floor and mezzanine level and display parking on two floors above. This phase also includes a right-in only entrance from Route 29 N. Phase 2 includes a second sales building and ground level display parking along Route 29 N. and Hilton Heights Road. This phase also includes a right-in and right-out entrance/exit onto Hilton Heights Road. Petition: The specific requests are, as follows: 1) a special use permit for outdoor display of vehicles in accordance with Section 30.6.3.2.b of the Zoning Ordinance which allows for outdoor storage, display and/or sales which would be visible from an Entrance Corridor; 2) a special use permit to allow a parking structure in accordance with Section 24.2.2.12 of the Zoning Ordinance which allows for parking structures located wholly or partly above grade; and 3) preliminary site plan approval for an auto dealership, developed in two phases, which includes a request to disturb critical slopes. Property description: The property, described as Tax Map 45 Parcel 68D4 and 68D6 is located in the Rio Magisterial District on Route 29, on the northwest comer of Hilton Heights Drive and 29 North, in front of Sam's Club. The Comprehensive Plan designates this property as Regional Service-in-- Neighborhood 1. Character of the Area: The property is located on a major highway, Route 29, and is surrounded by two large discount retailers (Wal-Mart and Sam's Club) and the Doubletree Hotel. The site is within an Entrance Corridor District, and is highly visible from the entrance corridor,, especially from the northbound lanes o£Route 29. By-right Use of the Proper.W: The property is currently zoned H-C, Highway Commercial, which permits a number of high intensity commercial uses, including auto dealerships. STAFF COMMENT: As stated above, this project includes two special permit requests: outdoor storage and display and structured parking. Staff's comments present an analysis of how the proposed use meets the goals and objectives of the Comprehensive Plan, and the Zoning Ordinance. Comprehensive Plan: Requests for special use permits within the Development Areas are assessed for conformity with the recommendations set forth in the Land Use Plan. Chapter 2 of the Comprehensive Plan, entitled Natural Resources and Cultural Assets sets goals for preserving the scenic resources that are recognized as being essential to the County's character, economic vitality and qualitY of life. The EntranCe Corridor Overlay Districts were implemented to further the County's efforts toward attaining the Comprehensive Plan objective of maintaining the visual integrity of important roadways. The Architectural Review Board (ARB) addresses the aesthetic impacts of development on those roads by applying the County's various design standards for development within the Entrance Corridor. Because this site is adjacent to the U.S Route 29 N. Entrance Corridor District, the ARB has reviewed the construction activity proposed with this request for conformity with the County's adopted design guidelines, and expresSed no objection to the special use permit, subject to the following conditions: 4. 5. 6. 7. 8. Reduce the amount of ground level vehicle display; Planting islands in the'display area east and south of the Phase 2 building shall be increased in size to allow for true clustering of trees. Clusters shall be composed of a combination of conifers and broadleaf evergreens; In Phase 1, provide all landscaping except for interior plantings associated with Phase 2; Materials for the parking deck and for the structures over the service exit lanes shall match showroom materials, painted and raw concrete are not appropriate; The design of the building shall be revised: so that parked-vehicles will not be visible on th.e rooftops of the structures over the service exit lanes; Provide an informal planting of mixed evergreen trees along the north side of the Phase 1 building; Further reduce the impacts of lighting, including the rooftop pole lights and wall mounted lights above the showroom; and The design of the Phase 2 building shall be compatible with the Phase 1 building, as determined by the ARB. The subject property is designated Regional Service onthe Land use Plan Map and is within Neighborhood One. Following are recommendations from the Comprehensive Plan (page 41), relative to this property: Fit-ture development plans along Route 29 are to be sensitive to its status as an Entrance Corridor Roadway; The ARB review will satisfy this recommendation. 2 Provide landscaping, walkways and bicycle facilities along Route 29 to enhance this corridor as the County's major business district; The ARB requirements for landscaping and the site plan requirements for walkways will satisfy the first tWo recommendations. Bicycle facilities may not be appropriate at an auto dealership. However, if the site is converted to a different use, bicycle parking facilities shoUld be incorporated into future plans.' Neighborhood Model Staff recognizes that an auto dealership is the type of use which is not expected to meet all the principles of the Neighborhood Model. However, staff has analyzed the parking structure for conformity with the tWelve principles of the Neighborhood Model, and finds it generally in compliance, as follows: Pedestrian ' The site plan includes sideWalks along Route 29 North, into the site, Orientation - connecting each building within the site and back onto the public system on Hilton Heights Road. The structure is connected to this system w/th ramps and crosswalks. However, the structure is designed for it's primary use, an auto dealership, which requires the constant movement of vehicles for display and service. This is not a structure designed for public parking where safe and convenient pedestrian movement into and around the building would be paramount. For the use proposed, the principle of pedestrian orientation has been met. Neighborhood ~ . Friendly Streets Not applicable. and Paths Interconnections The proposal includes vehicular connections to the three roads adjacent the parcel and the Doubletree Hotel site which is adjacent to the north. The parking structure building serves as a retaining wall for this connection. Parks and Open The neighborhood model recommends open areas of reprieve Space designed for employees of commercial sites. A plaza was shown on the McKee Carson site plan but does not appear on the Dagget & Grigg architectural plans, which are tied to the special permit ___ approval. Therefore, staff has recommended ~ condition of approval to ensure a plaza of a similar size and character, remains on the site plan. 3 Neighborhood Not Applicable. Centers · Buildings and The proposed building elevations have been reviewed by the ' Spaces of Architectural Review Board, which has provided advisory Human Scale comments, ii~corporated into staff's report, below. Relegated The parking is the dominant feature of the development. The Parking advantage of a parking structure is that it hides some of the display vehicles. Itis staff's opinion that display parking in front of the phase two building should be reduced to lesson the visual impact. Mixture of Uses This principle is not necessarily applicable to this request, alth~mgh it should be noted that by proposing a parking structure, the property ~ is able to accommodate more than one auto dealership at this location. Mix/Housing Not Applicable. Types Redevelopment Not Applicable. Site Planning The proposed structure is built into the slope, which complies with that Respects this principle. Additionally, the slope has been further utilized by Terrain planting mature trees to the north and west of the structure to soften the appearance of the parking structure. Clear ~ Boundaries w/ Not Applicable. Rural Areas Zoning Ordinance Review Following is an analysis of how the request for outdoor sales and display and a parking structure, for the proposed auto dealership use, complies with the requirements of Section 31.2.4.1 of the Zoning Ordinance: Will the use be of substantial detriment to adjacent property? Adjacent property to the north is the Doubletree Hotel. There will likely be no effect on that property as the joint parking and travelways to this site have been maintained. Adjacent property to the west is Sam's Club. There will likely be no effect on that property, except to increase its exposure to potential customers. Adjacent property to the south is Wal Mart. Wal Mart customers may be negatively impacted by Brown Auto Park customers exiting onto Hilton Heights Road and then trying to make a u-turn at the Wal Mart intersection. The Engineering Department has advised staff that it is their opinion that if the left-turn lane into Wal Mart is stacked with cars, Brown Auto Park customers will take the Doubletree Lane exit, instead. Therefore, no substantial detriment to adjacent properties is anticipated. Will the character of the zoning district change with this use? The character of the zoning district is high-intensity commercial uses as found on surrounding property. The character will not change with the addition of another car dealership. Will the use will be in harmony with the purpose and intent of the zoning ordinance? The purpose and intent of the zomng ordinance is to accommodate the highest and best use of the development areas, especially along major highways and to have those uses meet the design guidelines of the Entrance Corridor District. Proposing a parking structure to house display vehicles is an efficient and creative use of land within the development areas. The ARB review will bring the site into harmony with the rest of the Entrance Corridor district. Will the use be in harmony with the uses permitted by right in the district? Auto dealerships are uses permitted in the district. There are auto dealerships in the immediate vicinity, which are living in harmony with other permitted uses, therefore, additional dealerships should be in harmony w/th the uses permitted by fight in the district. Will the use comply w/th the additional regulations provided in Section 5.0 of this ordinance? Therd' ~re no additional regulations provided in Section 5.0 for the proposed use. Will the public health, safe _ty and general welfare of the community be protected if the use is approved? Staffbelieves, with the conditions as proposed, that the public health, safety and general welfare of the community will be protected if the use is approved. Preliminary Site Plan: The preliminary site plan has been reviewed and all'reviewing agencies have granted preliminary approval with conditions, as provided. The Board of Supervisors recently approved a change to Section 32 to include new design requirements for parking structures. These new conditions, include: In addition to all other requirements, each parking structure shall be subject to the following: The developer shall submit architectural elevations with both the preliminary and final site plans. The elevations shall be part of the approved final site plan. The developer has submitted architectural elevations, which have been reviewed by the ARB. Approval of the final site plan is subject to ARB approval. The developer shall submit drawings, photographs or other visual materials showing the proposed parking structure and surrounding structures (if any exisO and land uses. The developer has submitted drawings and other visual materials showing the proposed parking structure to the ARB. Approval of the final site plan is subject to ARB approval. Mechanical equipment or other utility hardware on the roof, ground, or building shall be screened from public view to the reasonable satisfaction of the Director of Planning and Community Development with materials harmonious with the building or they shall be located so as not to be visible from public view. Air handlers shall be located so that emissions are directed away from any adjoining residential development. The structure shall be designed so that the light from all vehicle headlights and all lighting fixtures will not routinely shine directly outside the structure. Items c.-d. have been incorporated into the conditions of approval, to be reviewed and approved by the Planning Department, with the Final Site Plan. Critical Slopes Waiver: The site plan application includes a proposal to grade and construct improvements in areas'iSf slopes greater than 25%. Section 4.2.3.2 of the Zoning Ordinance restricts earth- disturbing activity on critical slopes, and Section 4.2.5.2 allows the Planning Commission 6 to waive the restriction upon finding that a strict application of these provisions would not forward the purposes of the Zoning Ordinance. The applicant has submitted a waiver request. This site is composed of an upper terrace which includes the shared parking and travelway with Doubletree Hotel and a lower terrace at the intersection of Route 29 N. and Hilton Heights Road. These terraces are man-made and are a result of the constmction of the Hotel.: The slope between these terraces range from 3% to 55%. Any construction of the site disturbs the slopes that are over 25%. In this case, the applicant has used.the slope to their advantage by constructing a parking structure, which will have access from the upper and lower terrace. The Planning Department's review of this request is concentrated on the concern for a possible loss of aesthetic resources. Staff has determined that no aesthetic resource will be lost due to the fact that none of the critical slopes to be diSturbed, are delineated on the Open Space Plan Concept Map, and that none of the other Open Space resources recommended for protection are present in the areas where construction and grading is proposed. The Engineering Department has addressed the remaining concerns and recommends approval of the critical slopes waiver with a condition that slopes at 2:1 grades be stabilized with low maintenance vegetative ground cove. With the support of the Engineering' Department, Planning staff recommends approval of the applicant's request fora critical slope waiver, with the conditions below. Summary: Staff has identified the following factors, which are favorable to this request: This proposal represents an efficient use of development area infill property; A parking structure is a preferred solution to surface parking; and The ARB has found no objection to the special permit requests and recommends approval. The following factors are relevant to this consideration: The preliminary site plan does not match the architectural drawings, which makes it difficult to condition the approvals to being developed in accord with a specific plan; A new parking ordinance has been approved, which Changes the Way parking is calculated on the site, and there has not been sufficient time for the applicant to adjust their plan and have it reviewed and approved by the Zoning Department; and The conditions of approval, for the special permit for outdoor sales and display, recommended by the Architectural Review Board are such that plan may change significantly from what is approved by the Board of Supervisors, which may be difficult for the Zoning Administrator to enforce; and The number of conditions of approval for the site plan are so m/merous, meeting them may change the plan significantly from what is approved by the Board of Supervisors. 7 RECOMMENDED ACTION: Staff finds that the request for outdoor sales and display generally complies with the provisions of the Zoning Ordinance and the Comprehensive Plan, and recommends approval of SP 02-46, with the following conditions: o The site shall be developed in general accord with the attached Daggett & ~Grigg architect_~a.~,pl_Lans, entitled Brown Auto Park, dated January 15, ~ 2003} ~~-- ~-._ _-/=._ :.-_-_ O~ ][2~'~-~ ~ Vehicles shall not be elevated any~Aeri Dn site (through the use or'racks or other lift devices); Vehicles shall be displayed only in areas indicated for display shOwn on the attached Daggett & Grigg architectural plans, entitled "Brown Auto Park," dated January 15, 2003; Reduce the mount of ground level vehicle display, to the satisfaction of the Architectural Review Board; o Planting islands in the display area east and south of the Phase 2 building .shall be increased in size to allow for true clustering of trees. Clusters shall be composed of a combination of conifers and broadleaf evergreens; and In Phase 1, provide all landscaping except for interior plantings associated with Phase 2. Staff fmds that the request for a parking structure generally complies with the provisions of the Zoning Ordinance and the Comprehensive Plan, and recommends approval of SP 02-65, with the following conditions: o The site shall be developed in general accord with the atta_che_d Daggett & Grigg architectural planS, entitled Brown Auto Park, dated January 15, 2003; Materials for the parking deck and for the structures .over the service exit laneS Shall match showroom materials. Painted and raw concrete are not appropriate; The design of the building shall be revised so that parked vehicles will not be visible on the rooftops of the structures over the serVice exit lanes; ProVide an informal planting of mixed evergreen trees aiong the north side of the Phase 1 building; Further reduce the impacts of lighting, including the rooftop pOle lights and wall mounted lights above the showroom; 8 o The design of the Phase'2 building shall be compatible with the Phase 1 building, as determined by the ARB; and o Adjust the parking schedule to the satisfaction of the Zoning Administrator, as described in a memorandum, dated March 18, 2003. Staff.finds that the request for a preliminary site plan generally complies with the Pr°aviii~°~ the Zoning Ordinance and the Comprehensive Plan, and ^~ck4~ends, approval and SDP-02-105, with conditions: 2. Prior to final site plan approval, the applicant shall obtain a Certificate of Appropriateness-from the Architectural Review Board; o Prior to final site plan approval, the applicant shall submit a landscape plan to be reviewed and approved by the Planning Department, to include the following: thoseslopes which are at a grade of 2:1, shall be stabilized with low maintenance vegetative ground cover. The vegetative cover must be a variety selected from Table 3.37-C on page HI-391 of the Virginia Erosion and Sediment Control Handbook or an equal approved by the Engineering Department. Prior to final site plan approval, the applicant shall submit building elevations for review and approval of the Planning Department to insure the following conditions have been met: a. Mechanical equipment or other utility hardware on the roof, ground, or building shall be screened from public view to the reasonable satisfaction of the Director of Planning and Community Development with materials harmonious with the building or they shall be located-so as not to be visible from public view; b. Air handlers shall be located so that emissions are directed away from any adjoining residential development; c. The structure shall be designed so that the light fi.om all vehicle headlights and all lighting fixtures will not routinely shine directly outside the structure; and d. An employee plaza shall be incorporated into the plan, similar in size and character to that which is shown on the preliminary site plan from McKee Carson, dated January 6, 2003. Engineering Department review and approval of the final site plan to include: -'-a. The relocation and replacement of an existing 60" RCP is proposed on this site. The preliminary site plan proposes to replace this 60" RCP with a 48" HDPE pipe. As stated in the County's Design Standards Manual, the County's policy is to not decrease pipe size in a downstream direction regardless of the available pipe slope.. Please correct the size of the replacement pipe on the final plans. The following items must be reviewed and approved by the Engineering Department before tentative approval of the final site plan can be granted. i. A completed submittal form and application, available at the Engineering Department, must accompany all submittals. The required nUmber of copies and the required fees are indicated on the form and application; ii. An erosion control plan, narrative, 'computations, completed application and fee for erosion control and stormwater; iii. Drainage computations; iv. - A stormwater management/BMP plan and computations; and v. VDOT approval. Albemarle County Service Authority review and approval of the final site plan, to include: a. Approval of final construction drawings for the water line extension and the adjustment of existing sanitary sewer manholes to final grade. Construction drawings shall be submitted directly to the Service Authority; and b. If the existing sanitary sewer line running through the site has not been dedicated prior to the completion of all requirements for tentative approval, the developer of the Brown Auto Park will execute a memo of understanding regarding the steps they will take to complete the dedication of the existing sanitary sewer in a timely manner. 7. Zoning Department review and approval of the final site plan. ATTACHMENTS: A - Tax Map B - Architectural Review Board action letter, dated March 17, 2003 C - Zoning Department memorandUm, dated March 18, 2003 D - Daggett & Grigg architectural drawings, entitled Brown Auto Park, dated January 15, 2003 E - McKee Carson preliminary site plan, entitled Brown Auto Park, dated January 6, 2003 10 -1 · = / ATTACHMENT A - 44 37 -- SDP 02-105 BROWN AUTO PARK' PRELIMINARY 61 RIO , RIVANNA ,JAOK JOUETT DISTRICTS SECTION 45 ..,.:' COUNTY OF ALBEMARLE Department of Planning & Community Development 401 M¢[ntir¢ Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 -4012 March 17, 2003 ATTACHMENT' Steve Edwards McKee/Carson 301 East High Street Charlottesville, VA 22903 RE: ARB-2003-10 Brown Auto Park; Tax Map 45, Parcels 68D4 and 68D6 Dear Mr. Edwards: The Albemarle County Architectural Review Board, at its meeting on March 3, 2003, completed a preliminary review of a Site Development Plan and Advisory Review for Special Use Permits fo~" the above-referenced proposal. Regarding the advisory review for special use permits, the Board, by a vote of 5:0, forwarded the following recommendation to the Planning Commission: The ARB expresses no objection to the special use permit, subject to the following conditions: 1. Reduce the amount of ground level vehicle display. 2. Planting islands in the display area east and south of the Phase 2 building shall be increased in size to allow for true clustering of trees. Clusters shall be composed of a combination of conifers a'nd broadleaf evergreens. 3. In Phase 1, provide all landscaping except for interior plantings associated with Phase 2. 4. Materials for the parking deck and for the structures over the service exit lanes shall match showroom materials. Painted and raw concrete are not appropriate. 5. The design of the building shall be revised so that parked vehicles will not be visible on the rooftops of the structures over the service exit lanes. 6. Provide an informal planting of mixed evergreen trees along the north side of the Phase 1 building. 7. Further reduce the impacts of lighting, including the rooftop pole lights and wall mounted lights above the showroom. 8. The design of the Phase 2 building shall be compatible with the Phase 1 building, as determined by the ARB. Regarding the Preliminary Site Plan, 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. --- 1. Revise the building design so that it reflects the historic architecture of the county. 2. Revise the building design so that it provides human scale. 3. Documentation of VDOT approval is required for all 'improvements in the right-of-way. 4. Breaking up and articulating the rooftop parking, resulting in smaller elements on the roof, would be appropriate. 5. Provide more coordination between the towers and the entrance elements. ATTACHMENT B Page 2 6. Provide material and color samples. 7. Materials for the parking deck and for the struCtures over the service exit lanes shall match showroom materials. 8. The design of the building shall be revised so that parked vehicles.will not be visible on the rooftops of the structures over the service exit lanes. 9. Provide accurate phasing information. Show how Phase 1 construction will have an appropriate appearance for the EC. If a Phase 1 plan is provided, include only Phase 1 improvements on the plan. Alternatively, a note listing all improvements proposed for Phase 1, and all improvements proposed for Phase 2, could be included in the plan. Show all landscaping along the EC and Hilton Heights Road in Phase 1. 10. Pursue additional lighting options for the rooftop parking that will result in an appearance that is less like a parking lot. Incorporate a lighting plan into the site plan. Rooftop pole lights are not appropriate. Indicate how the decks will be illuminated. Show all proposed fixtures for ground-level parking lots. Only fuji cutoff fixtures shall be used. Provide cuts sheets for each proposed fixture, with the choice for each option clearly indicated. Provide photometrics. 11. Provide information on all proposed signage for the site. Coordinate monument sign locations on all plans. The freestanding sign shall be an externally illuminated monument sign whose base materials are coordinated with the building materials. Wall signs (size, scale, and placement) shall coordinate with the architecture of the buildings and with each other, regardless of the number of dealers/signs. A complete sign proposal should be submitted in conjunction with the proposed building design. 12. Provide a dumpster screening detail. 13. Coordinate the architectural building footprint and courtyard location on the site and landscape ptans. 14. Show the revised southern property line along Hilton Heights Road. 15. Correct the grading along the north property line. 16. Regarding landscaping: · The size of the planting islands in the ground level display areas should be increased to accomplish true clustering. Use conifers and broadleaf evergreens in the planting islands. Provide significant clusters of large evergreen trees (not just deciduous trees) to reduce the impact of development on the site. · Provide an informal planting of mixed evergreen trees along the north side of the Phase 1 building. o A mixture of conifers, broadleaf evergreen and deciduous shade and ornamental trees and evergreen and deciduous shrubs shall be proposed along the EC and Hilton Heights Road, with an emphasis of conifers and broadleaf evergreens al the corner of the site, west of the easement, to soften the impact of displayed cars. · Provide a signed tree conservation checklist and show the appropriate details as they relate [o the proposed development. · Provide information about the types of plants specified for the biofilter areas. Provide a substitute for the Euonymus alatus. This plant is on the list of Invasive Alien Plant Species published by the Department of Conservation & Recreation. · Correct the caliper of the Patmore Ash to 2 ½"- 3". · Provide a substitute for the Black Pine along the north property line. This plant is more of an accent plant and will not provide adequate screening. · Provide a continuous, staggered row of shrubs along the parking lot curbline, fronting the EC. · Correct the size of [he Inkberry Holly along the parking lot curbline to 24". Shrubs bordering the parking area along Route 29 and Hilton Heights Road shall be planted at a minimum height of 24" · Reduce the quantity of Inkberry Holly to avoid overplanting of one species. · In Phase 1, provide all landscaping except for interior plantings associated with the Phase 2 building. · Show utilities-on the landscape plan. · Provide plantings at the base of [he retaining walls. · Provide groundcover on all slopes 3:1 or greater. ATTACHMENT Page 3 You may submit your application for final ARB review at your earliest convenience. Application forms, checklists and schedules are available on-line at www. albemarle.org/plannin, g Revised drawings addressing the comments listed above are required. Please include a memo outlining how each comment has been addressed. If changes other than those requested have been made, identify those changes in the memo also. If you have any questions conceming any of the above, please feel free to call me. Sincerely, Margaret Maliszewski Design Planner MMM/jcf Cc: File Margaret Doherty 14 ATTACHMENT C TO: FROM: DATE: RE: MEMORANDUM Margaret Doherty, Senior Planner Keith Lancaster, Zoning Plans Reviewer March 18,-2003 SDP 02-105 Brown Auto Park Preliminary Site Plan Revised January 6, 2003 These comments replace those of January 22, 2003. The Albemarle County Department of Building Code and Zoning Services will recommend approval of this preliminary site plan for zoning compliance .when the following items have been satisfactorily addressed. The Building Official may provide separate comments. [Each comment is preceded by the applicable reference, which is to the .Zoning Ordinance unless otherwise specified.] [30,6.2 (b)] Outdoor display requires a Special Use Permit. Once the SP is approved it must be referenced on the plan and all conditions of the SP must be noted on the plan. 2. [4.2.3.2 & 4.2.5] Disturbance of critical slopes requires approval from the Planning Commission. [32.5..6 (b)] Delineate the area and note the square footage for all of the display parking proposed on this site. For the purpose of calculating the parking requirements for this site, display parking includes the area on the plan identified as display parking, the showroom, the storage parking and the storage of inventory parking. It is not necessary or recommended to delineate separate spaces for this display parking. [4.12.6.6.2] The required parking on this site is the sum of the spaces required for the area of display, the spaces required for the-service stalls and the spaces required for th'e employees associated with the service and repair of vehicles. Additional parking is not required for sales and administrative ATTACHMENT C staff. References to additional parking in the service exits and queueing areas must be deleted. These areas must be identified as either travelways, delineated parking spaces or areas of display. 5. [32.5.6 (b)] Based on the above, please revise the schedule of required and provided parking for each phase that includes the following: I space per 1,500 s. f. of display area @ s.f. / 1,500= 2 spaces per service stall @ stalls x 2 = __ 1 space per each employee associated with automobile service @ employees = Total spaces required = __ Total spaces provided = . (This figure does not include display spaces) [4.12.4(a)] The parking regulations were amended on February 5, 2003. The ordinance now requires that the number of parking spaces may not exceed the num~)er of spaces required bythis section by more than twenty (20) percent. Final tentative approval from the Department of Building Code and Zoning Services will be subject to the following conditions: (The following conditions are those that have been identified at this time. Additional conditions may be added or eliminated based on further review.) 1. [32.5.6(n)] Show the location of all outdoor lighting on the plan. [32.6.6(j)] Provide a description and photograph or diagram and show the location of each type of outdoor luminaire that emits 3,000 or more initial lumens. Please be aware that installation of such luminaires in the future that are not shown on this plan shall require an amendment to this plan. 3. [32.6.6(j)] E4.17.4(b)] Include a photometric plan on the site plan demonstrating that parking area luminaires are in compliance with 4.17.4(b). 4. [32.6.$(h)] Proof of legal recordation of combining of parcels. Please contact me if you have questions or require additional information. i/ '\ I - ~a ~' S'-'o " AF3ova I IGG TS VILLE VA BROWN AUTO PARK SCALE: i" = 30'-0'~-7 ATTACHMENT D i7 ? '1 UNID FL©O~ ~L,Ai~° ~L~t/A T'Io,~ ~, /o,o II A'ITACHMENT D .DAGGETT & GRIGG ARCHITECTS 1001 E, MARi<IE"T ~T. CHARLOTTESV[LLE, VA VOICE:,~54/971-8848 FAX: 4-54/296--3040 REVISION NO.: DATE: PROJECT NO.: DATE: 01-15-03 DRAWING NUblBER; ! I--7 '1 ~ IA~HMENT D .DAGGETT & GRIGG ARC H ITIECTS CHARLQTT~'SV{LLE. VA VOICF.:434-/971-8848 FAX: 4-34/296-5,340 REVISION NO,: DATE: PROJECT NO.: DATE: 0~45-03 DRAW(NC 'ION .DAGGETT & GP~GG ARCH IT£CTS REVISION NO.: DATE: PROJECT NO,: CATE: 01-15-03 DRAWING NUMBER: 'A~7~ NO I.L V'/,.._U.'q'~ l~'=l'm OFFICE CU~TOf'IE,~ FLOOR '[ EXIT .DAGGETT & GRIGG ARCHITF'CT$ 1001 E, MARKET CHARLOTTESVILLE, VA VOICE:4`34/971-8848 FAX: 4-34/296-304.0 o~ ~ < R~cVISION NO,: DATE: PROJECT NO.: DATE: 01-15-03 DRAWING NUMBER: :~':t"'IGA'~HO - ~O0'"i-q :~NINtYZZ_..q.I.4 LAN~5 )OP'1 FLO0,~-, - 14 -"--- -15 Df~T~IL .DAGGETT & GRIGG ARCHITECTS ~oo~ ~. ~ar~t CHARLO~ESVILL~. VA vorc£:454/971-8848 FAX: 434-/296-3040 R ~'VISION NO.: DATE: PROJECT NO.: DATE: 01-].5-03 DRAWING NUMBER: ~"d~NOH ;~O0-'i-' ~NiN~ZZ~b4 BROWN ALITOPA~ ~..,~.. - DOUbLETrEE LANE :GTtON 7DAGGETT & GRIGG ARCHITECTS REVISION NO.: DATE: PROJECT NO.: DATE: 01-15-03 DRAWING NUMBFR: i' d~.V'??o~' ~b'nO/4/ 77Y'AJ. ,DAGGETT & GRIGG ARC H ITECTS 1001 E~. MARKer $% CHARLOTTESVILLE, VA V01CE:434/971-8848 FAX: 434/296-30¢0 TION ,4:1e,.,5 ,<-.tc:,e.& c,g REVISION NO.: DATE: PROJECT NO.: DATE: 01-15-03 DR~C NUMBER: --I NOSWVO 33N0~ r~i4/ / ~/ooJqpoop/ \ -- .-. PURPOSES ONLY .............. l DEMOLITION . .................................................................................................................................. :L ....... :.': ............ 7:. .~ ~ - ' .......... z ·" ...~,,.~ -. ....... _ . -.- _: .... ~ ,. r,.~,..." .'..: :' ..-" ,' ,'., ''':'"'!t I . ' 'i - - ~ '-' · '-" ~ - -." ' '. j -'.' ~-:-.;,'... ';'..'. " ' ', '- . ". ·-' --. , --.~- :_: ~' · -"'--":'- '.'". '- ...... ~" , .... ,'"": ..... :'.,, . ' ...- '.L,':-,.'.. '...'.."-[ '. '~.. ! ' gA 7,9 S, IdYS t February 20, 2003 COUNTY OF ALBEMARLE Departmeqt of Planning & Community Development 401 Mclntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 Werner & Barbara Hambsch North Garden Crossroads tnc POBex 149 North Garden, VA 22959 RE: SP-02-073 Crossroads Store Phase 2 & 3 Bank Ddve-ln Window Tax Map 99, Pamels 1. lA and 5 Dear Mr. & Mrs. Hambsch: The Albemarle County Planning Commission at its meeting on February 11,2002, by a vote of 4:0, recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1. The site improvements shall be deveto ped n general accord with the attached Major Site Plan Amendment, entitled Crossroads Store Phases 2 & 3 Site Plan Amendment, dated January 8, 2003; 2. The design of the drive-through structure shall be coordinated in size, material, color, and detail with the existing building; 3. The new island south of the drive-through and the Route 692 frontage shall be planted with trees to help minimize the impact of the new structure: 4. Add 2 ~" caliper trees at 40' on center along the Route 692 frontage; 5. Add trees, shrubs, and ground cover in the new island south of the drive-through; 6. Building materials and colors shall match "existing. Include notes on the elevations that confirm this; 7. Provide complete details on new wall and site lights and any lights to be relocated. Lights that emit 3000 lumens or more must be full cutoff fixtures; and 8. All new signs visible from the EC shall match the design previously approved for this site. 9. The florescent light bulbs on the ceilings of the upper and lower porches of the existing building shall be shielded so that the bulbs are not visible from Route 29 and Route 692. This condition may be satisfied by retrofitting the existing fixtures to achieve a full cut-off effect as per the lighting ordinance (Section 4.17). Please be advised that the Albemarle County Board of SupervisOrs will review this petition and receive public comment at their meeting on Apdl 16, 2003. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the abOve noted action, please do not hesitate to contact me, Margaret Doherty Principal Planner MD/jcf Cc: Ella Carey Amelia McCulley Jack Kelsey Steve AIIshouse STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: MARGARET DOHERTY FEBUARY 11, 2003 APRIL 16, 2003 SPECIAL USE PERMIT (SP-02-73) CROSSROADS STORE PHASES 2 & 3~ DRIVE-IN WINDOW Applicant's Proposal: The applicant proposes the final build-out of the Crossroads Store. Site Plan, to include two additions, known as Phases 2 & 3. One of the additions includes a drive-in window to serve a proposed bank use. The drive-in window is permitted in the C-l, Commercial zoning district by special permit. The site planning issues related to circulation, parking and setbacks have been reviewed by the Site Review Committee. Recommendations of approval have been received from all reviewing agencies. The site is within an Entrance Corridor District, therefore, the Planning Department relies heavily on the Architectural Review Board's review of the aesthetic issues related to the drive-in window use. Petition: Request for special use permit to allow a drive-in window serving a proposed bank at the Crossroads Store in accordance with Section 22.2.2.10 of the Zoning Ordinance which allows for drive-in windows serving or associated with permitted uses. The property, described as Tax Map 99 Parcels 1,lA and 5, contains 3.956 acres, and is located in the Samuel Miller Magisterial District on Plank Road (State Route 692) on the northeast comer of the intersection of US Route 29 and State Route 692. The property is zoned C-I Commercial and Entrance Corridor. The Comprehensive Plan designates this property as Rural Area 3. RECOMMENDATION: Staff has reviewed the proposal for conformity with the Comprehensive Plan and with Zoning Ordinance and recommends approval of the special use permit with conditions. Planning and Zoning History: This property was rezoned to allow commercial uses in the 1970s. There have been many subsequent special permits and site plans to permit the existing uses and improvements on the site. The most recent site plan, which reflects the existing improvements, was approved in 1991. It anticipated the proposed use and'additions, known as phases 2 & 3. Comprehensive Plan: The Land Use Plan shows this area as Rural Area, but the existing zoning, C-l, Commercial allows for drive-in windows to serve permitted uses, with special use permit approval. Engineering Analysis: The County's Engineering staff has reviewed this request for engineering issues related to health, safety, and welfare requirements. The Engineering Department is recommending approval of the special use permit and major amendment. ARB Considerations: In an action letter, included as Attachment C, the Architectural Review Board has expressed no objections to the use. The Board voted unanimously to forward the following recommendation to the Planning Commission: The ARB expresses no objection to the special permit, subject to the following conditions: The design of the drive-through structure shall be coordinated in size, material, color, and detail with the existing building. The new island south of the drive-through and the Route 692 frontage shall be planted with trees to help minimize the impact of the new structure. Regarding the site plan, the Architectural Review Board unanimously approved the request, pending staff administrative approval of the following Conditions: Provide a landscape plan. Show existing landscaping and plants to be removed. Show proposed plants. Include a landscape schedule. 2. Add 2 ½" caliper trees at 40' on center along the Route 692 frontage. 3. Add trees, shrubs, and ground cover in the new island south of the drive-through. 4. Building materials and colors shall match existing. Include notes on the elevations that confirm this. o Provide complete details on new'wall and site lights and any lights to be relocated. Lights that emit 3000 lumens or more must be full cutoff fixtures. 4. All new signs visible from the EC shall match the design previously approved for this site. STAFF COMMENT: Section 31.2.4.1 of the Zoning Ordinance below requires that special use permits be assessed as follows: Will the use be of substantial detriment to adjacent property? Adjacent properties include vacant parcels, a resident, a post office and a fire station. The proposed drive-in is located within an already developed portion of the property. The ARB requirements for new landscaping will improve the relationship between these adjacent uses. Therefore, it is anticipated that the proposed use will have no negative impact on adjacent property. Will the character of the zoning district change with this use? The potential impact of the proposed use on the character of the district has been addressed by the ARB. The ARB has recommended approval subject to conditions, (see Attachment C). With the conditions recommended by the ARB the character of the district will not be changed. Will the use will be in harmony with the purpose and intent of the zoning ordinance? Staffhas reviewed this request for compliance with the purpose and intent of the C-l, Commercial zoning district. The drive-in window will serve a permitted use, a bank. This is in harmony with the purpose and intent of the C-l, Commercial District. Will the use be in harmony with the uses permitted by right in the district? The drive-in window use serves a bank which is a permitted use in the district and anticipated at this location in previous approvals. The use will not restrict permitted uses on this or adjacent property. Will the use comply with the additional regulations provided in Section 5.0 of this ordinance? No regulations in Section 5.0 apply specifically to this use. Will the public ~ealth, safety and general welfare of the community be protected if the use is approved? Compliance with the major amendment as recommended for approval by the site review committee and the recommendations of the ARB will protect the public health safety and general welfare. Site Plan As discussed above, the two additions proposed and the drive-in window use were anticipated with the original site plan. The site plan review concentrated mostly on landscaping and pedestrian and vehicular circulation. The Engineering Department reviewed the proposal for compliance with our standards for circulation and found that the proposed use is appropriately designed. Staffworked with the apphcant to improve the pedestrian circulation around the building and the landscaping. The Site Review Committee has reviewed the site plan amendment and recommends approval. Upon Board of Supervisor approval of the special permit, staff can approve the site plan amendment administratively. RECOMMENDED ACTION: Staff recommends approval of SP-02-73 with the following conditions: The site improvements shall be developed in general accord with the attached Major Site Plan Amendment, entitled Crossroads Store Phases 2 & 3 Site Plan Amendment, dated January 8, 2003; The design of the drive-through structure shall be coordinated in size, material, color, and detail with the existing building; The new island south of the drive-through and the Route 692 frontage shall be planted with trees to help minimize the impact of the new structure; 4. Add 2 ½" caliper trees at 40' on center along the Route 692 frontage; 5. Add trees, shrubs, and ground cover in the new island south of the drive-through; 6. Building materials and colors shall match existing. Include notes on the elevations that confirm this; 7. Provide complete details on new wall and site lights and any lights to be relocated. Lights that emit 3000 lumens or more must be full cutoff fixtures; and 8. All new signs viSible from the EC shall match the design previously approved for this site. ATTACHMENTS: A - Tax Map B - Crossroads Store Phases 2 & 3 Site Plan Amendment, dated January 8, 2003 C - Architectural Review Board action letter, dated January 9, 2003. ALBEMARLE 5C ~ 98 65 65A ATTACHMENT A tOO ,/' 9O SAMUEL MILLER DISTRICT I05 SECTION 99 5 ATTACHMENT B COUNTY OF ALBEMARLE Department of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296- 5823 Fax (434) 972 ~- 4012 January 9, 2003 Mr. Brian Smith 105 West High Street Charlottesville, VA 22902 Re: ARB-2002-145: Crossroads Store Phases 2 and 3 Dear Mr. Smith: The Albemarle County Architectural Review Board reviewed the above noted item at its meeting on Monday, January 6, 2003. Regarding the Special Use Permit, the Board voted unanimously to for~vard the following recommendation to the Planning Commission: The ARB expresses no objection to the special permit, subject to the following conditions: 1. The desi~ of the drive-through structure shall be coordinated in size, material, color, and detail with the existing building. 2. The new island south o f the drive-through and the Route 692 frontage shall be planted with trees to help minimize the impact of the new structure. Regarding the site plan, the Board unanimously approved the request, pending staff administrative approval of the following conditions: 1. Provide a landscape plan. Show existing landscaping and plants to be removed. Show proposed plants. Include a landscape schedule. 2. Add 2 ½" caliper trees at 40' on center along the Route 692 frontage. 3. Add trees, shrubs, and ground cover in the new island south of the drive-through. 4. Building materials and colors shall match existing. Include notes on the elevations that confn'm this. 5. Provide complete details on new wall and site lights and any Ii*~'ats to be relocated. Lights that emit 3000 lumens or more must be full cutoff fixtures. 6. All new signs visible fi'om the EC shalI match the design previously approved for this site. 7. Submit the $200.00 Certificate of Appropriateness fee. Please submit revised drawings or other information addressing each of these conditions at your earliest convenience. Include a memo indicating how each condition has been satisfied. If changes other than ! 9 ATTACHMENT B those requested have been made, identify those changes in the memo also. When staff's review of this information indicates that all conditions of approval have been met, a Certificate of Appropriateness ~-, may be issued. If you have any questions, please do not hesitate to contact me. I~dscape Planner C: File March 27, 2003 COUNTY OF ALBEMARLE Department of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 G3-3~ -03 22:3~ 'Tim Miller Rivanna Engineering P O Box 7603 Charlottesville, VA 22906 RE: SP-02-070 Rivanna Ridge SC -- Bank Drive-in Window SP-02-076 Rivanna Ridge SC - Restaurant Drive-in Window Dear Mr. Miller: The Albemarle County Planning Commission, at its meeting on March 25, 2003, by a vote of 5:0, recommended approval the above-noted petitions to the Board of Supervisors. Please note that this approval is subject to the following conditions: SP-02-070 Rivanna Ridqe SC -- Bank Drive-in Window: 1 The drive through lanes shall be designed in general accord with the. improvements that are shown on the preliminary site plan, entitled "Preliminary Site Development Plans for Rivanna Ridge Shopping Center", last revised on January 13, 2003. 2. The drive-through shall be limited to three (3) lanes that follow through to the teller windows and the ATM machine, and an additional lane for bypass traffic. 3. Signage and pavement markings shall be provided at the entrance and exit points of the drive-through lane. subject to Engineering Department approval to ensure appropriate and safe travel patterns. 4. This site shall be subject to the Architectural Review Board issuance of a Certificate of Appropriateness. The drive-through structure shall be located on the south side of the building as illustrated on the site plan. 6. The drive-through structure shall not exceed three (3) lanes. 7. The architectural design, material and detailing of the drive-through structure shall match that of the main bank building. 8. Evergreen screening trees and/or shade trees and evergreen shrubs shall be planted along the eastern property line. 9. The planting strip to the west of the drive-though lane shall be planted with evergreen screening trees and/or shade trees and evergreen shrubs. SP-02-076 Rivanna Ridqe SC - Restaurant Drive-in Window: The drive through !anes shall be designed in general accord with the improvements that are shown on the preliminary site plan. entitled "Preliminary Site Development Plans for Rivanna Ridge Shopping Center", last revised on January 13, 2003. The drive-through shall be limited to a single lane that follows through to the pick-up window and the bypass lane extending to the southern parking lot. Signage and pavement markings shall be provided at the entrance and both exit points of the drive-through lane, subject to Engineering Department approval to ensure appropriate and safe travel patterns. Page 2 March 27, 2003 The menu board shall be installed at the south end of the fast food restaurant, and not on the main travelway of the drive-through, which extends between the northern and southern portions of the parking lot. This site shall be subject to the Architectural Review Board's issuance of a Certificate of Appropriateness. Awnings, canopies, signs, lights and other elements associated with the drive-through use shall be coordinated with the appearance of the building and shall not be the focus df the design, as determined by the ARB The planting strip located to the east of the drive-through lane shall be planted with evergreen screening trees. The planting strip located to the west of the drive-through lane shall be planted with evergreen screening trees and/or shade trees and evergreen shrubs. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on April 16, 2003. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Stephen Waller, AICP Senior Planner SW/jcf Cc: Ella Carey Amelia McCulley Jack Kelsey Steve Allshouse STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: STEPHEN B. WALLER, AICP MARCH 25, 2003 APRIL 16, 2003 SP 02-70 RIVANNA RIDGE BANK DRIVE-THROUGH SP 02-76 RIVANNA RIDGE FAST FOOD RESTAURANT DRIVE-THROUGH Applicant's Proposal: The applicant's proposal is for a preliminary site plan for development of a bank, a fast food restaurant, and a full service restaurant on an outparcel at the Rivanna Ridge Shopping Center (Attachment A). Both, the bank and fast food restaurant would implement drive-through windows. Therefore, the applicant is requesting approval in accordance w/th Section 25A.2.2 of the Zoning Ordinance, which allows for drive-in windows and other special uses serving by-right uses allowed in the Planned Development - Mixed Commercial zoning district. If approval is granted for these special use permits, the Site Review Committee can grant administrative approval of the preliminary site plan. Petition: The applicant's request is for two (2) special use permits to allow drive-through windows [Section 25A.2.2] associated with the proposed bank and the fast food restaurant, which are both allowed by right (Attachment B). The property, described as Tax Map 78, Parcels 73A2, contains 2.64 acres, and is located in the Rivanna Magisterial District on the south side of Richmond Road [U.S. Route 250 East] at the intersection with Hansen Road [Private] (Attachment C). The property is zoned PD-MC, Planned Development-Mixed Commercial and EC, Entrance Corridor. The Comprehensive Plan designates this property as Regional Service in Urban Neighborhood 3. RECOMMENDATION Staff has reviewed this proposal for accordance with the Comprehensive Plan and compliance with Section 31.2.4.1 of the Zoning Ordinance, and recommends approval of the special use permits with conditions. Planning and Zoning History. ZMA 98-20 Pantops - At it's October 21, 1998, the Board of Supervisor's granted conditional approval to allow modification of an existing application plan for the 49.34 acres including this site. Character of the Area: This parcel faces U.S. Route 250, east of Charlottesville, at the intersection with Hansen Road. This directly north of the Rivanna Ridge Shopping Center, and the parcel just east of this site is developed with a mixed-use convenience center offering, fuel sales, a restaurant and professional offices. All of these uses proposed for subject parcel would be accessed from Abbey Road, a private road that runs between the subject parcel and the shopping center's parking lot. Staffhas recognized that there are at least four existing banks and four fast food restaurants that all have active drive-through windows within a one-mile radius of this site. These establishments are located to the east on State Farm Boulevard, and to the west within the Pantops Shopping Center andon Route 20 North. Comprehensive Plan: Requests for special use permits within the Development Areas are asseSsed for conformity with the recommendations set forth in the Land Use Plan. In addition to being uses that are allowed by right in the PD-MC zoning district, banks and restaurants are also recommended as primary uses in areas with a Regional Service land use designation. Chapter 2 of the Comprehensive Plan, entitled Natural Resources and Cultural Assets set~ goals for preserving the scenic resources that are recognized as being essential to the County's character, economic vitality and quality of life. The Entrance Corridor OverlaY Districts were implemented to further the County's efforts toward attaining the Comprehensive Plan objective of maintaining the visual integrity of important roadways. The Architectural Review Board (ARB) addresses the aesthetic impacts of development on those roads by applying the County's various design standards for development within the Entrance Corridor. Because this site is adjacent to the U.S Route 250 Entrance Corridor; the ARB has reviewed the construction activity proposed with this request for conformity with the County's adopted design guidelines, and recommends apprOval of the special use permit with Conditions (Attachment D). STAFF COMMENT: Staffwill address the issues of this request in two (2) sections: Section 25A.2.2 - Drive-through window associated with the bank; and, Section 25A.2.2 - Drive-through window associated with the fast food restaurant. Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance, as they relate to the proposed bank drive-through. The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent Property_, The proposed bank site is located at the eastern end of the subject parcel. The property line just east of the bank site is occupied by the Liberty convenience center, and the two restaurants are being proposed to the west of the bank, on this same parcel. Establishments that utilize drive-through windows are most often characterized bY the high volumes of customers that can be served during peak hours of operation. Therefore, the concerns for the impact upon adjacent properties are mainly focused on ensuring that the stacking and loading movements of vehicles entering the drive-through lanes do not obstruct the flee passage of off-site vehicles that are attempting to access adjacent parcels. Because the bank would have access fi:om two entrances on a private road and the drive- through lanes load fi:om the north, at the opposite side of the building, staff has identified no significant reason for concern that the stacking of the drive-through traffic would delay the passage off-site traffic. Therefore, staff does not believe that the proposed drive-through window would impose any detriment upon adjacent properties. that the character of the district will not be changed thereby, The proposed bank is located within an active and growing commercial development. Banks are allowed as by-right uses in the PD-MC zoning District and there are several existing banks with drive-through service in the development area designated as Neighborhood 3, and within close proximity to this site. The Architectural Review Board has reviewed the preliminary site plan along with conceptual drawings of the three proposed structures for consistency with the County's design guidelines for entrance corridor and recommends approval with conditions. Those conditions include specific special use permit recommendations related to the location and design of the canopy structure, and types of landscaping to be installed around the bank's drive-though lane. Because the drive-through would support a by right use, and consideration has been given for its aesthetic impact, staff finds that approval of this proposal would not result in changing the character to the district. and that such use will be in harmony with the purpose and intent of this ordinance, Staff has reviewed this request for compliance with the purpose and intent of the Zoning Ordinance, as. set forth in Section 1.4, and identified no conflict that would arise as a result of its approval. with the uses permitted by right in the district, Section 25A of the Zoning Ordinance, entitled Planned Development - Mixed Commercial, allows the same by-right uses as well as those that are permitted by special use permits in the C-1 (Commercial), CO (Commercial Office), and HC (Highway Commercial) zoning districts to also be established in the PD-MC district. This request to allow a drive-through window is consistent with most of the banks that have been established as individual uses with their own structures in this district and other similarly zoned districts throughout the County. Therefore, it is staff's opinion that the proposed drive-through is in harmony with the by-right uses located within this PD-MC district. with additional regulations provided in Section 5.0 of this ordinance, There are no additional regulations in Section 5.0 that specifically address banks implementing drive-through windows, automated teller machines and like facilities. and with the public health, safety and general welfare. Due to concerns regarding access and circulation configurations, combined with the resultant high traffic volumes, new drive-through windows are only allowed by special use permit. Because the proposed drive through lanes for this bank are separated from the two entrances providing ingress and egress to this site, the Site Review Committee has identified no external safety concerns that would arise from the approval of this special use permit. Section 4.12.17.c(2) of the Zoning-Ordinance provides standards for one-way access aisles and circulation. These regulations require a minimum travelway Width of twelve (12) feet, with the ability for canopies and lanes for bank teller windows and automated teller machines being reduced with the approval of the Department of Engineering. Engineering staff has reviewed the proposed 33-foot wide travelway and three (3) lane entrance, which expands into a 53-foot wide four (4) lane for the two teller windows, an ATM, and a fourth bypass traffic, ' and recommends approval with conditions requiring appropriate signage (Attachment E). Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance, as they relate to the proposed fast food restaurant drive-through. 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 idsued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property, The proposed site of the fast food restaurant is also on the outparcel located on the northern side of the Rivanna Ridge shopping center, between the proposed bank and full-service restaurant. When considering proposals for drive-through windows, the concem with impacts upon adjacent properties is mainly focused upon ensuring that the stacking and loading movements of vehicles entering the drive-through lanes do not obstruct the free passage of vehicles traveling to adjacent parcels. As with the drive-through lanes serving the proposed bank, the fast food drive-through would be accessed at the opposite side of the property from the main entrance to the site. Therefore, staff does not believe that the proposed drive-through for the fast food restaurant would impose any substantial detriment upon adjacent properties. that the character of the district will not be changed thereby, The proposed fast food restaurant represents a by-right use in the PD-MC zoning district, and there are several similar types of restaurants located within the development area recognized as NeighborhOod 3. The Architectural Review Board has reviewed the preliminary site plan along with conceptual drawings of the three proposed structures for consistency with the County's entrance corridor design guidelines and recommends approval with conditions. In considering the aesthetic impact of this proposal, the ARB's recommended special use permit conditions for the fast food restaurant's drive-though lane pertain largely to the design of the architectural features, signage, lighting and layout of the landscaping. Therefore, it is staff's opinion that approval of this proposal for a drive-through window related to a use that is allowedby right would not result in changing the character to the district. and that such use will be in harmony with the purpose and intent of this ordinance, Staff has reviewed this request for compliance with the purpose and intent of the Zoning Ordinance, as set forth in Section 1.4, and identified no conflict that would arise as a result of its approval. with the uses permitted by right in the district, Fast food restaurants represent a use that is allowed by right in the PD-MC zoning district. This request to allow a drive-through window is consistent with a majority of the existing fast food restaurants within the PD-MC district and other similarly zoned districts throughout the County. Therefore, it is staffs opinion that the proposed drive-through would also be in harmony with by- right uses located within the district. with additional regulations provided in Section 5.0 of this ordinance, There are no additional regulations in Section 5.0 that specifically address banks implementing drive-through windows, automated teller machines and like facilities. and with the Public health, safeW and general welfare. Because the drive through lane serving the restaurant is adequately separated from the two points of access to this site, the Site Review Committee has identified no external safety concerns that would arise from the approval of this special use permit. Section 4.12.17.c(2) of the Zoning Ordinance provides standards for internal circulation related to one-way access aisles. These regulations require a minimum travelway width of twelve (12) feet, with the possibility of an additional eight (8) feet being required for a bypass if it should be determined as necessary by the Department of Engineering. In this case the applicant is proposing to extend the main lane so that it intersects with the southern portion of the parking lot, instead of providing a full bypass lane. This Would allow bypassing traffic to leave the lane while customers who want to continue through to the service window can exit the drive-through to the north. Engineering staff has reviewed the proposed 12-foot wide drive-through lane with its two exits and recommends approval with conditions requiring appropriate signage (Attachment E). In order ensure that bypass traffic will not be slowed down by vehicles that are stopped to place orders, staffs recommendations also includes a condition to require the menu board to be placed off of the main travelway, and on the south side of the restaurant. SUMMARY: Staff has identified the following factors, which are favorable to this request: There would be no expected conflict between vehicles stacked in either of the drive- through lanes and off-site traffic passing the entrances to this site; Both of the drive-through lanes would offer the opportunity for cUstomers that do not need to access the windows 'to bypass the stacked traffic awaiting service. The following factors are relevant to this consideration: There are several banks and fast food restaurants located within development area Neighborhood 3; and, 5 The provision of for drive-through services can be considered a standard function of banks and fast food restaurants. RECOMMENDED ACTION: SP 02-70 Rivanna Ridge Bank Drive-Through Staff finds that this request generally complies with the provisions of the Zoning Ordinance and the Comprehensive Plan, and recommends approval of SP 02-70 with the following conditions: The drive through lanes shall be designed in general accord with the improvements that are shown on the preliminary site plan, entitled "Preliminary Site Development ?lans for Rivanna Ridge Shopping Center", last revised on January 13, 2003. The drive-through shall be limited to three (3) lanes that follow through to the teller windows and the ATM machine, and an additional lane for bypass traffic. Signage and pav6ment markings shall be provided at the entrance and exit points' of the drive-through lane, subject to Engineering Department approval to ensure appropriate and safe travel~pattems. This site shall be subjectto the Architectural Review BOard issuance of a Certificate of Appropriateness. The drive-through structure shall be located on the south side of the building as illustrated on the site plan. The drive-through structure shall not exceed three (3) lanes. The architectural design, material and detailing of the drive-through structure shall match that of the main bank building. Evergreen screening trees and/or shade trees and evergreen shrubs shall be planted .along the eastern property line. The planting strip to .the west of the drive-though lane shall be planted with evergreen screening trees and/or shade trees and evergreen shrubs. SP 02-70 Rivanna Ridge Fast Food Restaurant Drive-Through Staff finds that this request generally complies with the provisions of the Zoning Ordinance and the Comprehensive Plan, and recommends approval of SP 02-76 with the following conditions: The drive through lanes shall be designed in general accord with the improvements that are shown on the preliminary site plan, entitled "Preliminary Site Development Plans for Rivanna Ridge Shopping Center", last revised on January 13, 2003. The drive-through shall be limited to a single lane that follows through to the pick-up window and the bypass lane.extending to the southern parking lot. Signage and pavement markings shall be provided at the entrance and both exit points of the drive-through lane, subject to Engineering Department approval to ensure appropriate and safe travel patterns. 6 o The menu board shall be installed at the south end of the fast food restaurant, and not on the main travelway of the drive-through, which extends between the northern and southern portions of the parking lot. This site shall be subject to the Architectural Review Board's issuance ora Certificate of Appropriateness. Awnings, canopies, signs, lights and other elements associated with the drive-through use shall be coordinated with the appearance of the building and shall not be the focus of the design, as determined by the ARB. The planting strip located to the east of the drive-through lane shall be planted with evergreen screening trees. The planting strip located to the west of the drive-through lane shall be planted with evergreen screening trees and/or shade trees and evergreen shrubs. ATTACHMENTS: B- C- D- E- Minor Site Plan Amendment Reduction Special Use Permit Applications and Request Tax Map/Vicinity Map Architectural Review Board Comments Engineering Department Review and Recommendation 7 TM 76 -Pc~. 12A Overlook Land T~t~st TM 78-Par. i lB Ckc~r~es Kincannon, T, rustee DB 896-187 , ' U.S, Route 250 , Rich?nond ro~ad .............. ................................. ST~7 ' ~ FAST FOOD '-- RESTAURANT 2,700 SF FFE=537.5 40' / -~-~' ~-..' ~-.,--~ :.~-~ .~ .~ ~ / " .......... ... ~ ---:..: ,...:._:..~ ........ 540 .............................................. ~ 2.604 Acres i ~£ ~987-125 ~; : Zoned: Pd-MC RESTAURANT '¢¢ 4 850 SF -- ~ & ~ BANI¢ re Oo ~ ~o Co ~ W/Wood Fence ~ DB 1944-17~ [~a,Ol ~ j ~ [ : ~ Use: Cas I I ~ ~Conc. Dumoster Pad ZO San Sewer l¥101JJO 3~lJ 'A31Aq~ -1V~FtZO3/IHO~V JO (I~V08 '$3HO.LIg 3~31SOV08 JO 3(IlS/fl0 a31vooq 38 o± 3~v S33NVN2L~flddV ~3M35 aNV ;~LVM 'T~V 'Z 'S(]VO~ LN]gVPdV ~O84 AYM¥ (]NV S£OI~LLSIO 1VIIN3(]IS3~ 9NINIOROV V~[NDEHA 'AJL,NflO3 ZH~VMZ~HV 'J'L,D][~JLS][~ VNNVA]~ I ! BPD RESTAURANT 4,850 SF YFE=535. 0 ?o Go ToGa I I / / / FAST FOOD RESTAURANT 2 700 SF FFE=537. 6 BPD BP[ BANK 2,400 SF FFE=542.0 rr r LANDSCAPE SCHEDULE BOTANICAL & ~INIMUM HEIGHT ~UANTITY CANOPYTOTAL L8 PLANTED 10 YFARS CANOPY COMMON NAbIE CALIPER PLANTING AREA ..... ?,~.~?)¢(99..~'(~]~[[! .... 2 1/2" - 13 201 sf 2,613 sf Serrate 20' Orafnoge £ose DB 987-114 ,/'p~f, ops gi¢t.t, LLC ',112.604 Acres ~ ~ Use' Vacant 78 pr~ycct, ?6 Zoned: PD-~6 Use: Gas ~t~on/Restu~¢~nt I I 20 0 20 40 60 SCALE:i "= 20' ' '=' llMOll~Y R. MILLER _noAv] SIH2 ~ O]OQqON iON $ WLV GNV AdONV3 >INV8 ~03 ONILHOI~ )~d LI',I3'_,VPQV BC LS]~LS %ONIG]ln~ ~08- ONI/HOl] ]VLN]~3qddnS 3QRqOlq[ LOf OO ~NOIZVnnO]~3 AqNO 33N3~3~3d dO3 ~'0 zv NW~ONS ]~v S~/Vqd~lL 3WQIX~ 99v 30~8 GiaSINI3 z~ S39ONVDiO03 03N VlNW~ IW/NOZIWOH 38V N~OHS St89~A 99V C~'G[ I g~'~ I 9'0 ~'6 197 :~ I ..... ~ ..... po~ io O~ 6upiJ°d 00'0 00'0 0'0 ~'0 I I0'0 ~ oJ I aououiLun ~eeJ~S lo Ii~S DJ: u!~/xo~ u~/6~V u!~ ~lq 6AV s~!ufl ~d~13i~3 seDn r,'L,~ u'O ~nlPo[~ e,~nee~ud q61H (X1) ~ ~ o~, OOf ep!leH le:l. elAI (VI~I) ~l.e,-~A ~ ol. 0~1. S~ N I J. SI"ltA J.NV~I IJV/~A !gNI/N flOt/~ NOIIOIlkI£SNO0 SNOI.LVOlldd¥ a]!eu!~n'l Jlolno dme"l lelUOZpOH sepes ON 8Ole~eO 'adX/ · ~0/2212002 ~7:42 ~1~012~2 Z2:2~ RIVANNA ENGINEERING THE ~I~]]RS ATTACHMENT B Count3/of Albemarle ~* Department of Building Code and Zoning Services I Apphcationl~ Special Use Permit ~, t-.,_c.. ........ A,~,,,, [%' ~LV_~e,~O ...O~.!v~. ,~. .ct~~v,~ s~ V~ ~,~~(~)~-_.~81. ~,~3q--z~-~l~ ~-~t~._. ._ .-- · Duel I~ ~r ~ ~ ~ ~ ar have any ownership i~t in) any abumn{ pmk. lfy~ pi~ l~ ............ ..... ...... ~ ~ s~l~ ~ ~its;, __ Q ~ ~ ~ P~c~: .......... '~/22/20~2 /7:42 301-95~-7923 THE ~ZSDRS ATTACHMENT B 09~19/2062 ].6:19 BB49949eG390 RZV~,a~A IZNGZ~ZI'~i ~-~w~: ~ Section ~ 1.2.4.1 of th~ Alben~le Co. nty ~nln$ Oniinanc~ ~ams that, "The board of SUl~rvisors h~.by reserves unto i~f the dgbt m issue, all st.;iai use permits ~ttcd hemundm'. Special use pea-~m~s for uses ~ t~rov;d~ in this ordinance nm),,be ~ssu~l upon a t'mdms[ ~ thc boast of s~rv~sars that such u~ will not he of' substantial de~mcnt.{o ad~accut propet, ty, tl~it the character of ti~ ctistrJct will not lm ~hangcd the~by and that such use will be in hm'mony with the purpose and intent of this ordimmcc, with the ur, es pcrmJ~ by right in thc dJstrlct, with additional ~gulattons providmd in section $.0 of this ordinance, and wi~h the puhlic health, safety and' general welfare. Tim itc*ns which follow will be revi~'wcd by the staff~ their analysis ~ your requesfa Please co?lplem this form end provide additional inform, uti(tn which will assist thc County in its r~vicw of your request.' If yeu need mJsmnce filUnll out thes~ items, staff is available. ~hat is the C~mpreltemiv~'Plan de~jznsllon fm. lhls propc~y? ~ ,,, '~' How ts the use in hm'mony with thepm'porm andhtteot of the~.onie! OnJin~nc~? q How ts the us~ in hetrnony with thl~ uses p~itted by rJsht tn the distri~? ~ How will thlt ,,~e,promote ~¢ public hoslth, ~al'ety. and I~neral w~r~r, of Lhe cornmupJt~?_ J'"7 _ ZS/22/2B~2 17:42 201-951-7923 T~ ADVtS~ No~; If ', ~ ~u~dn~ n ~i~ ~ ~t o~y tot a ~o~ m ~ d~d~ or ddlnu~ on a ~py ef~ pin or ~umycd ~wing. ~ 2, lf~nenhip of ~e pm~y ~ in ~ d~e of any or in ~ n~ ~a ~, or ~ a fie~6o~ n~. ~ ~u~nt ~le to ~ p~on signing ~ to do ATTACHMENT B submitted is a contract purchaser, a document acceptable to th, County must thc owner's written eoment to the application. aubmitted in the age. at of the owner, a decutrmn.t ace?ptable ~:o th~ Cau~ty m~t be ~ 3. Drawings, ~oncoplu~l plans, it ~ny, O- a. any. illin! applim iop, i property, or have the legal power to a~ton be. lmltof thc owner ia /¢ ~0/2~/2002 17;42 301-95~-792~ TF~ ~OVlSOl,4~ ATTACHMENT B The Comprehensive Plan Designation for this property is Neighborhoods 1-7. The special uses have been designed to mitigate the effe~ on adjacent properties by orienting each drive-thru toward the main shopping center and internal roadways, Furthermore, significant landscaping enhancements will be provided to further screen future-use~ from public thoroughfares and adjacent properties. The immediately adjacent property to the south is a convenience mart and is not expected to be affected by these special uses. Route 250 is a heavily traveled main corridor route into Charlottesville and, in the vicinity of this project, enjoys many commercial establishments on both sides of the road. We do not believe the contemplated special use will be Inconsistent with the character of the surrounding property, The special use is part of a larger existing neighborhood shopplng center anchored by a large grocery store and is consistent' with the Zoning Ordinance for this area. Through careful design, orientation, selection of finish materials and enhanced landscaping, the developer will successfully incorporate the special use into a vibrant shopping center and minimize incorporation of drive-thrus. There are no additional regulations In Section 5,0 of the zoning ordinance that apply to this use. If permitted, this special use will allow the construction of a banking facili~; with a drive-thru, Which 'is integral to any successful community. Addit~Ohally, this special u~e will also provide a place for citizens to dine while visiting the grocery stem and other service tenants. The uses are accessed from ancillary thoroughfares and do not have direct ac{ese te and from Route 250, This enhances the safety of motorists and eliminates the po~slbitlty of bottlenecks that could affect the free flow of traffic on Route 250. At present, this special use ls being requested for a fast-food restaurant with a drive-thru and a bank with a drive-thru, Leases have not been executed with spec'Ac tenants and, therefore, hours of operation1, numbers of personnel and other tenant specific information are not presently available. However, we do not presently anticipate any extraordinary or unique characteristics beyond the typical drive-thru operations associated with most banks and fast-food restaurants. /5- ATTACHMENT B October 28, 2002 CHARLES WILLIAM HURT VIR~IlqlA LA. NO COMPAMY ~ OFFICE B~ 8147 TELEWHONE ~79-~ I~I fi'AX Jan Sprinkle Chef of Zoning Administration County of Albemarle Dept, of Building Code& Zoning Services 401 Mclntim Road Charlottesville, Vixginia 22902-4596 Dear Ms, Sprinkle: I am the sole monagcr ofpantops Giant, L,L.C. with the authority outlined under Article VI of the Operating Agreement for Pantops Giant, L.L.C. (copy enclosed). Sincerely, Charles Wm. Hurt, M.D. ,% County of Albemarle ~ Application for Special Use Permit ~zv~ a, asz~ ATTACHMENT B Department of Building Code and Zoning ~erv]ces ^ddres,~'(OO~CF ~AO ~ O--L~'71 ..... · City C~OO,~ Sme,4~O ~p~ Trix map and pardi 'TB -'7~J ,"/'* . .. Physical Addr~,ir.~n.d) A/fA. Does the owner of this pw~y own (ir hav~ any owne~hip intcmst in) any abutdng property? If yes, p)~c list L /7 09/1912002 16:19 884984886380 RIVANNA ENGINEERING ATTACHMENT B Recgon 31.2.4.1 of the Albemarle County Zoning Ordinance states that~ "The board of supervisors h~eby reserves unto itself ~e right to issue, all special use permits permitted hereunder. Special use permits for uses a~ provided in this ordinance may.bo issued upon a finding by the board of supervisors that such use will not be of substantial detrimcnt.t~3 adjacent property, that the character of thc district will not be changed thereby and that such use will be in harmony with .the purposc and intent of this ordinance, with the uses permitted by right in thc district, with additional regulations provided in section $,0 of this ordinance, and with thc public health, safety and general welfare. Thc items which follow will be reviewed by the staff in their analysis o.f your request, Please co .replete this form and provide additional infor.madqn which will assist thc County in its rcvicw of your request,' If you need assistance filling out these items, staff is available. What is the Comprehensive Plan designation for Ibis properly? ~ How will the l~Ix~ed special usc affect adjacent proi~ny? ¢~ How will th~ proposed speaial uae' affect the ¢h,~'a=ter of th= dlstri=t surrounding the property? How i$ the useJn harmony with thepurpos= and intont ofthe Zoning Ordinance? ('/ How is thc u,~ in harmony wilh the uses per, tired by right in the district? ___~'.. What additional regulations provided In Section 5'.0 of the Zoning Ordinance apply to this -,se? ~ _ _' How will thl; .use.promote the publi= health, safety, and ganetal w~lr~r~ o!' the community?~r-7. VA LANCl C0~JPANY; De. cdbe your request in involved in the use t ~04 2~e 35t'0; 0CT-22-02 g:OgPU; ATTACHMENT B and include ~1 pertinent information such as the numbers of persons hours, and a.y unique faa, tums of me u~:_ _~__ ATTACHMENTS (2)copieso£~ch: Recorded no the Deed or boundax7 survey of the property requested for th~ manning. If there L~ survey, please provide legal d~cd[~tioa of. thC property and and page number or Plat Book and page number. O 2. Note: If, ncei Owncrshipj entity or'o or assOci~ the Cou~ to do so. If the appl subm. itted ~ If th~ appl] subntitted ~ OPTIONAL ATTACHlv~ [~1 3. Drawings ~ am requesting a special use permit only for a portion of thc property, it ',.to be described or delineated on a copy oEtho pla~ or surv~ed drawing. lformadon - If ownership of thc prop:ny L~ in the name of any type of Jega.[ ~ization including, but not limited to, the n.une ora corporation, parmerahip 'h or in the name eta m.ts~, or in a fictitious name,.a document acceptable to lust be submitted certifying that the person signing below bas thc authority ~nt is a contract purchaser, a document acczptable to the County must ntaining the owner's written consent to the application. mt is the agent of the owner, a docun'u:n.t acc?ptable to the County must be ~ is evidence of the oxJstcnco and scope of thc agency. conceptual plans, if any. C~ - ~, AddJtJona ~fonnation, if any. I hereby certify that I ow~e subject property, or have the legal power to act on behalf of thc owner tn filing ~hi~ applir, atior,. I all~ certify'that the information provided i~ trt~ and ~ccurate to the best of my i~owtedg~. '~'ToOs ~ta~,~ z.t,c, . Printed 1Llame Daytime phone number of Signatory 3 /? ATTACHMENT B t The Comprehensive Plan Designation for this property is Neighborhoods 1-7. The special Uses have been designed to mitigate the effect on adjacent properties by orienting each drive-thru toward the main shopping center and internal roadways. Furthermore, significant landscaping enhancements will be provided to further screen future uses from public thoroughfares and adjacent properties. The immediately adjacent property to the south is a convenience mart and is not expected to be affected by these special uses. Route 250 is a heavily traveled main corridor route into Charlottesville and, in the vicinity of this project, enjoys many commercial establishments on both sides of the road. We do not believe the contemplated special use will be inconsistent with the character of the surrounding property. The special-use is part of a larger existing neighborhood shopping center anchored by a large grocery store and is consistent with the Zoning Ordinance for this area. Through careful design, orientation, selection of finish materials and enhanced landscaping, the developer will successfully incorporate the special use into a vibrant shopping center and minimize incorporation of drive-thrus. There are no additional regulations in Section 5.0 of the zoning ordinance that apply to this use. If permitted, this special use will allow the construction of a banking facility; with a drive-thru, which is integral to any successful community. Additionally, this special use will also provide a place for citizens to dine while visiting the grocery store and other service tenants. The uses are accessed from ancillary thoroughfares and do not have direct access to and from Route 250. ~is enhances the safety of motorists and eliminates the possibility of bottlenecks that could affect the free flow of traffic on Route 250. At present, this special use is being requested for a fast-food restaurant with a drive-thru and a bank with a drive-thru. Leases have not been executed with specific tenants and, therefore, hours of operation, numbers of personnel and other tenant specific information are not presently available. However, we do not presently anticipate any extraordinary or unique characteristics beyond the typical drive-thru operations associated with most banks and fast-food restaurants~ ATTACHMENT C March 17, 2003 COUNTY OF ALBEMARLE Department of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434} Z96 - 5823 Fax (434) 972 - 4012 ATTACHMENT D Stephen Melton 195 Riverbend Drive Charlottesville, VA 22911 RE: ARB-2003-09 Rivanna Ridge Shopping Center Preliminary Site Development Plan Tax Map 78, Parcel 73A2 Dear Mr. Melton: The Albemarle County Architectural Review Board, at its meeting on March 3, 2003, completed a preliminary review of the above-noted ~roposal and an Advisory Review for Special Use Permits for the drive-thru windows for the bank and restaurant. Regarding the special use permit for the bank, the Board by a vote of 5:0, forwarded the following recommendation to the Planning Commission' The ARB expresses no objection to the Special Use Permit for the drive-thru window for the bank. subject to the following condii~ions: 1 The drive-thru structure shall be located on the south side of the building as illustrated on the site plan. 2. The drive-thru structure shall not exceed 3 lanes. 3. The architbcl~ral design, materials and detailing of the drive-thru structure shall match that of the main bank building. 4. Evergreen screening trees and/or shade trees and evergreen shrubs shall be planted along the east property line. 5. The planting strip to the westof the drive-thru lane shall be planted with evergreen screening trees and/or shade trees and evergreen shrubs. Regarding the special use permit for the restaurant, the Board. by a vote of 5:0. forwarded the following recommendation to the Planning Commission: The ARB expresses no objection to the Special Use Permit for the drive-thru window for the fast food restaurant, subject to the followi.ng conditions: 1. Awnings, canopies, signs, lights and other elements associated with the drive-thru use shall be coordinated with the appearance of the building and shall not be the focus of the design, as determined by the ARB. 2. The planting stria located to the east of the drive-thru lane shall be planted with evergreen screening trees. 3. The planting strip to the west of the drive~thu lane shall be planted with evergreen screening trees and/or shade trees and evergreen shrubs. ATTACHMENT D Page 2 Regarding the Preliminary Site Plan and building designs, 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. 1. Locate the retaining wall on the lighting plan. Resolve all lighting conflicts with the retaining wall. 2. Provide retaining wall details. 3. Regarding landscaping: · Increase the caliper of the EC trees to 3%" and do not alternate species. ' · Intersperse ornamentals among the shade trees along the EC. · Add an informal mix of screening shrubs and/or screening trees to tt~e EC planting; i.e., Foster Holly, Southern Magnolia, Viburnum etc. · Coordinate the EC planting with Stop-In Food/Everday Cafe EC planting to ensure a cohesive appearance along the EC. · Provide evergreen screening trees and/or evergreen shrubs in addition to the shade trees along the east property line. · If shade trees are to remain along the east property line, increase the spacing of the Red Maple to a minimum of 35' on center. · Substitute the Sassafras with a more urban tolerant shade tree. · Provide evergreen shrubs within the parking areas to adequately screen cars from the EC. All shrubs shall be a minimum 24" planting height. · Provide evergreen shrubs along the parking area adjacent to Route 250 and Hansen Road to screen cars from the EC. · Relocate all shrubs along the curbline of 16' long parking spaces to a m~mmum of '4' from the curbline. · Increase the width of planting islands. All planting islands must be a m~nimum of 5' from inside curb to inside curb. This can be done by reducing the number of parking spaces, width of parking aisles, and width of sidewalks and increasing the width of the parking spaces. · Provide interior parking Iot/travelway trees in the parking area between the fast food restaurant and Applebee's. · Increase the planting area west of the fast food travelway to allow for screening Trees and/or evergreen shrubs and shade trees. · Provide trees (Cr. ataegus ~haenopyrum) in the 2 planting islands in front of (northeast) of the fast food restaurant. · Provide foundation plantings around the fast food restaurant and bank. · Provide groundcover on all slopes 3:1 or greater. · Reduce the visibility and integrate into the development the retaining walls by specifying evergreen shrubs and/or evergreen shrubs that cascade over the top of the wall. (Cotoneaster adpressus '~s acceptable) · Resolve all tree/pipe conflicts, specifically to the southwest of the fast food restaurant and bank. Applebee's Building Design 1. The pediment is [oo small for the sign Delete the gooseneck fixtures from over the awnings. 3. The soldier courses should end at the ends of the windows. Bank Desiqn 1 Provide elevations that match the size of the building shown on the site plan 2. Clarify the pilaster detailing on the east and west elevations. 3. The pitch of the roof is too great. (The north and south sides don't work.) 4. Switch the field and accent bricks. 5. The stripes should be coordinated. ATTACHMENT D Page 3 6. Rectify the proportions of the various building parts. On the north elevation, the front pediment is too broad for the height of the columns. Restaurant Design 1. Provide elevations that match the size of the building shown on the site plan. 2, Revise the design to include more appropriate proportioning of windows and window area within the end bays of the front elevation. You may submit your application for final ARB review at your earliest convenience. Application forms. checklists and schedules are available on-line at www, albemarle, or.q/plannin_q Revised drawings addressing the comments listed above are required. Please include a memo outlining how each comment has been addressed. If changes other than those requested have been made, identify those changes in the memo also. If you have any questions concerning any of the above, please feel free to call me. Sincerely, Margaret Maliszewski Design Planner MMM/jcf Cc: File Stephen Waller ATTACHMENT E Albemarle County Development Departments s P-2002-070 SPIN Submission and Comment RivannaRidge SC-Bank Drive-in window Engineering Special Use Permit revision 2 reviewer received reviewe decision Allen Schuck 1/15/02 1/21/03 approved with conditions The application information for a special use permit to allow a drive-in window serving a bank received on 15 Jan 2003 has been reviewed. The Engineering Department recommends approval of this Special Use Permit with the following conditions: 1. The placement of signage al the entrance and exit of drive-in. [4.12.6.1, 4.12.6,3c] 3/13/03 02:19 PM Page 1 of 1 ATTACHMENT E Albemarle County Development Departments s P-2002-076 SPIN Submission and Comment RivannaRidgeSC-Restaurant Drive-in window Engineering Special Use Permit revision 2 reviewer received reviewe decision Allen Schuck 1/15/03 1/21/03 approved with conditions The application information for a special use permit to allow a drive-in window serving a restaurant received on 15 Jan 2003 has been reviewed. The Engineering Department recommends approval of this Special Use Permit with the following conditions: The placement of signage a~ the entrance and exit of drive-in. [4.12.6.1, 4.12.6.3c] 3/13/03 02:20 PM Page 1 of I COUNTY OF ALBEMARLE Department o£ Planning & Community Development 401 Mc]~ntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 March 27, 2003 03-31 -93 22:29 Mike Budde OmniPoint Communications 1250 Baltimore Ave Beltsville, MD 20705 RE: SP-02-78 Joseph Wright & David Turner- Crown Tower Tax Map 32, Parcel 41 · Dear Mr. Budde: The Albemarle County Planning Commission at its meeting March 25, 2003, by a vote of 5:0, recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: All work shall be done in general accord with that described in the applicant's request and site construction plans, entitled "Omnipoint Communications CAP Operations - Flat Branch," last revised on November 27, 2002. The tower shall notbe increased in.height. This site shall be subject to the issuance of a Certificate of Appropriateness by [he Architectural Review Board. The additional array of panel antennas may be attached only as follows: a. Ail equipment attached to the tower shall be painted dark gray to match the color of the tower. The cables extending from the ground equipment -nay remain black. b. The antennas shall not exceed seven (7) feet in height and two (2) feet in width. c. In no case shall any of the new antennas project from the structure to a distance that ~s greater than that of the existing antennas. d. The antennas subject to this approval may be replaced administratively, provided that the sizing, mounting distances and heights of the replacement antennas are in compliance with these conditions of approval and in accordance with all applicable regulations set forth in Section 5.1.40 of the Zoning. Ordinance. e. The note on page Z-2, which implies that the size, height and direction of the antennas can be adjusted to meet RF requirements, shall be deleted from the construction drawings or amended to remove this consideration for size and height. With the exception of the safety lighting required by Federal Aviation Administration regulations, outdoor lighting shall be permitted only during maintenance periods; regardless of the lumens emitted, each outdoor luminaire that is not required for safety shall be fully shielded as required by Section 4.17 of the Zoning Ordinance. Page 2 March 27, 2003 No existing trees within 200 feet of the facility shall be removed for the purpose of installing the proposed antennas or any supporting ground equipment. Should any of the trees within 200 feet of the tower be removed for the purpose of creating a public or private right-of-way, the party or company holding the tower in ownership shall install trees to adequately screen the facilit~/'s ground equipment from adjacent properties and roadways. The current owner and any subsequent owners of the tower facility, shall submit a report to the Zoning Administrator by July 1 of each year. The report shall identify each personal wireless service provider that uses the facility, including a drawing indicating which equipment, on both the tower and the ground, are associated with each provider. All equipment and antennae from any individual personal wireless service provider shall be disassembled and removed from the site within ninety (90) days of the date its use is discontinued. The entire facility shall be disassembled and removed from the site within ninety (90) days of the date its use for personal wireless service purposes is discontinued. If the Zoning Administrator determines at any time that surety is required to guarantee that the facility will be removed as required, the permittee shall furnish to the Zoning Administrator a certified check a bond with surety satisfactory to the County, or a letter of credit satisfactory to the County, in an amount sufficient for. and conditioned upon, the removal of the facility. The type of surety guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney. The tower shall be limited to a total of four (4) vertical arrays of panel antennas. No satellite or microwave dishes shall be permitted on the tower. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on April 16, 2003. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Stephen Waller, AICP Senior Planner SW/jcf Cc: Ella Carey Jack Kelsey Amelia McCulley Steve Allshouse No existing trees within 200 feet of the facility shall be removed for the purpose of installing the proposed antennas or any supporting ground equipment. Should any of the trees within 200 feet of the tower be removed for the purpose of creating a public or private right-of-way, the~...,-'3'+".~ c". · '- ...... -~,;,- tewec-owner a-Nha-t-tim~shall install trees if determined ,-,,.~r~r~,.~w~, ~,-,I,'~;,~,*, ~'i~ +,-~,,,,~,- ~,,~. ,., ...... '"' "1" to be needed by the Director of Planning and Community Development to adequately screen the facility's ground equipment from adjacent properties and roadways. To accommodate this, the Director of Planning and Community Development will notify the ~ owner of the road construction and requirement for a landscape plan. The Director, or an agent thereof, will determine if the plan is adequate and the date by which the landscaping must be installed (or bonded until the next planting season). RECEIVED AT BOS MEETING Agenda Item #: Clerk's ~a~s:. is approximately800 feet away, anda majority of the adjacent properties are either established with commercial uses or undeveloped. Although the area immediately surrounding the facility is wooded with a majority of deciduous that assist in screening the view of the ground equipment buildings, the tower itself is much taller than those trees and can be seen from varying distances and vantage points surrounding the site. RECOMMENDATION: Staff has reviewed this request for compliance with the provisions of Section 31.2.4.1 of the Zoning Ordinance and recommends approval with conditions. COMPREHENSIVE PLAN: Open Space Plan Staffnotes that a concrete pad for the ground eqUipment cabinets would be constructed within the existing chain link fence and vehicular access is already provided to the site from the private driveway, extending from Airport Road to the facility site. Therefore, this proposal does'not necessitate any additional disturbance and staff's review of this request for compliance with the recommendations of the Comprehensive Plan focuses largely on the possible visual impaCts that could result from the presence of the new antenna array from locations surrounding the site. The Entrance Corridor overlay district for Airport Road is the only Open Space resource that has been identified as potentially being affected by this application. Although the subject parcel was not located within the Entrance C0rridor at the time when the tower was originally approved, a zoning text amendment designating Airport Road was approved on May 9, 2001. The upper half of the tOwer where the antenna arrays are attached is visible from various points and distances along Airport Road and Route 29. Because this proposal does not require an increase in tower height, but would introduce antennas that are not flush-mounted, the Architectural Review Board has recommended approval of the special use permit with conditions that Would requiring this to be the last array on the tower, and restricting the antennas from extending any farther out than the existing ones (Attachment E). Personal Wireless Service Facilities Policy: In accordance with the guidelines set forth in the Personal Wireless Service Facilities Policy, staff analysis is focused mainly on the visual impact of proposed co-location from surroundin~ first two tiers. The tower proposed to accommodate this co-location is akeady outfitted with three arrays of antennas that are set off from the face of the tower with mounting brackets, and approval of this request would allow a fourth array of antennas with mounting brackets. Because the proposed co-location request would not result in spreading the vertical distance between the top and bottom two arrays of existing antennas, staff does not anticipate that the additional antenna array would increase the visibility of the tower significantly. Therefore, it is staff's opinion that approval of this request with the recommended conditions would be consistent with the policies and guidelines set forth in the Comprehensive Plan for siting personal wireless service facilities. STAFF COMMENT: Staff will address the issues of this request in four sections: Section 31.2.4.1 of the Zoning Ordinance; and, Section 704 (a)(7)(b)(I)0/) of the Telecommunications Act of 1996 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_, Staff finds no conclusive evidence that the proposed co-location on the existing tower would impose any substantial detriment to adjacent properties. The tower is located approximately 138 feet from the nearest boundary, which is shared with property where a large building housing United States Postal Service's facilities is located. Ground equipment is currently isolated from the adjacent properties due to differences in topography and the presence of existing vegetation that is protected by a condition that limits tree cutting within 200 feet. However, staffhas been made aware of future plans that could possibly call for the extension of a road connection from the proposed site of the Hollymead Town Center development located south of this site to Airport Road. Therefore, it is staff's opinion that approval of this request should include requirements for providing additional screening vegetation between the facility and the property line or right-of-way margin of any future public or private roads that may be located adjacent to this site. that the character of the district will not be changed thereby, The preservation of the agricultural and forestal lands and activities, and conservation of the natural, scenic and historic resources are listed as key purposes of the Rural Areas zoning district. Uses allowed by right in the district are either residential, or those related to agricultural and forestal activities, while those uses that are allowed by special use permit in the Rural Areas district are most often services related to by-right activities. However, the subject parcel presents a unique situation, due to its Office Service designation and proximity to properties with commercial and industrial zoning designations. Furthermore, because this proposal does not necessitate an increase in tower height, it is staff's opinion that the proposed additional array of antennas would not have the effect of changing the character of the area. 3 and that such use will be in harmony with the purpose and intent of this ordinance, Staff has reviewed this request with consideration for the purpose and intent of the Zoning Ordinance as stated Sections 1.4.4, 1.5 and 1.6, all of which address the provision of public services. As evidenced by the expanded and rapid increase in use, the provision of personal wireless communications clearly represents a public service. Section 1.4.3 states that one of the intents of the Ordinance is to, ',facilitate the creation of a convenient, attractive and harmonious community." Installation of the proposed facilities at this site would increase availability as well as the level of convenience for those who use personal wireless services. However, staff is aware that those conveniences must also be balanced with concerns for the possible negative impacts that personal wireless service facilities can have upon the goals for creating and maintaining an attractive community. Whenever telecommunication facilities cannot be designed to stealthily blend in with the existing surroundings, staff has recognized a preference to either co-locate on existing structures and within utility easements or to build new structures in areas where similar facilities are already present. Both of these practices can be effective for ensuring that new facilities are not located in a manner that requires any extensive amounts of environmental degradation in addition to imposing significant visual impacts. Because an opportunity for co-location on an existing structure with no additional disturbance is proposed in this request, it is staff's opinion that the approval of this proposal complies sufficiently with the purpose and intent of the Zoning Ordinance. with the uses permitted by right in the district, Staff has identified.no evidence to demonstrate that the proposed array of antennas would restrict or otherwise adversely affect any of the established uses or other by-fight uses allowed on this site or on any other properties within the district. with additional regulations provided in Section 5.0 of this ordinance, and with the public health, safe _ty and general welfare. The Board of Supervisors adopted the Personal Wireless Service Facilities Policy to provide guidelines for the siting and review of proposals for personal wireless service facilities. Section 5.1.40c of the Zoning Ordinance addresses proposals that are allowed by-right, specifically concerning the attachment of facilities to existing structures as recommended under Tier One of the wireless policy. Under those regulations the owner of an~ existing structure is allowed to support the collocation of the combination of three (3) arrays of flush-mounted panel and/or whip antennas, by right. In this case the approval of a special use permit is required both because there are already three arrays of antennas attached to the tower, and because the proposal includes the attachment of antennas that are not flush-mounted~ However, there are no provisions in the Zoning Ordinance or Comprehensive Plan precluding the use of brackets for mounting antennas on existing structures. 2. Section 704(a)(7)(b)(I)(II) of The Telecommunications Act of 1996: The regulation of the placement, construction and modification of personal wireless facilities by any state or local government or instrumentality thereof shall not prohibit or have the effect of prohibiting the provision of personal wireless services. 4 The Telecommunications Act of 1996 addresses issues related to environmental impacts with the following language, "No state or local government or instrumentality thereof may regulate the placement construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commissions' regulations concerning such emissions". In order to operate this facility, the applicant is required to comply with the FCC guidelines for radio frequency emissions that are intended to protect the pUblic health and safety. Neither the Comprehensive Plan nor the Zoning Ordinance prohibits the provision of personal wireless services. However, both' do implement specific policies and regulations for the siting and design of Wireless facilities. In its current state, the existing facilities and their mounting structure all offer adequate support for three providers of personal wireless communication services. The applicant has not provided any information regarding the availability, or absence of alternative sites that could serve the same areas that would be covered with the proposed antenna additions at this site. Therefore, staffdoes not believe that the special use permitting process nor the denial of this application would have the effect of prohibiting or restricting the provision of personal wimlegs services. SUMMARY: Staffhas identified the following factors, which are favorable to this request: 3. 4. 5. The co-location of antennas and equipment subject to this special use permit will not restrict any of the uses that are permitted by right or impose any additional impacts on adjacent properties. The new ground equipment cabinets would not be visiblefrom areas outside of the facility. No clearing or other disturbance is necessary for the placement of the antennas and equipment. This proposal represents a co-location opportunity for antennas that are likely to have very minimal visual impacts. The proposed antennas would be located between the two lower arrays on this tower. Staff has identified the following factors, which are unfavorable to this request: The existing tower is visible from various locations surrounding this site. The proposed antennas would not be flush-mounted. The following factors are relevant to this consideration: There is an existing and reasonable use of this site. With staff's support, the Architectural Review Board has recommended that the existing tower be limited to a maximum of four (4) arrays of antennas. RECOMMENDED ACTION: Staff recommends approval of the requested special use permit subject to the following conditions: (In the event that the Board chooses to deny this application staff offers the following comment: In order to comply with the provisions of the Telecommunication Act, staff requests consensus direction from the Board regarding the basis for denial of the application and instruction to staff to return to the BOard with a written decision for the Board's consideration and action.) Recommended conditions of approval: All work shall be done in general accord with that described in the applicant's request and site construction plans, entitled "Omnipoint Communications CAP Operations - Flat Branch," last revised on November 27, 2002. 2. The tower shall not be increased in height. o This site shall be subject to the issuance of a Certificate of Appropriateness by the Architectural Review Board. The additional array of panel antennas may be attached only as follows: a. All equipment attached to the tower shall be painted dark gray to match the color of the tower. The cables extending from the ground equipment may remain black. b. The antennas shall not exceed seven (7) feet in height and two (2) feet in width. c. The antennas shall be set at the minimum distance that is allowed by the mounting equipment, and in no case shall any of the new antennas project from the' structure to a distance that is greater than that of the existing antennas. d. The antennas subject to this approval may be replaced administratively, provided that the sizing, mounting distances and heights of the replacement antennas are in compliance with these conditions of approval and in accordance with all applicable regulations set forth in Section 5.1.40 of the Zoning Ordinance. The note on page Z-2, which implies that the size, height and direCtion of the antennas can be adjusted to meet RF requirements, shall be deleted from the construction drawings or amended to remove this consideration for size and height. o With the exception of the safety lighting required by Federal Aviation Administration regulations, outdoor lighting shall be permitted only during maintenance periods; regardless of the lumens emitted, each outdoor luminaire that is not required for safety shall be fully shielded as required by Section 4.17 of the Zoning Ordinance. o No existing trees within 200 feet of the facility shall be removed for the purpose of installing the proposed antennas or any supporting ground equipment. Should any of the trees within 200 feet of the tower be removed for the purpose of creating a public or private right-of-way, the party or company holding the tower in ownership shall install trees to adequately screen the facility's ground equipment from adjacent properties and roadways. 6 The current owner and any subsequent owners of the tower facility, shall submit a report to the Zoning Administrator by July 1 of each year. The report shall identify each personal wireless service prOvider that uses the facility, including a drawing indicating which equipment, on both the tower and the ground, are associated with each provider. All equipment and antennae from any individual personal wireless service provider shall be disassembled and removed from the Site within ninety (90) days of the date its use is discontinued. The entire facihty shall be disassembled and removed from the site within ninety (90) days of the date its use for personal wireless service purposes is disContinued. If the Zoning Administrator determines: at any time that surety is required to guarantee that the facility will be removed as required, the permittee shall furnish to the Zoning Administrator a certified check, a bond with surety satisfactory to the County, or a letter of credit satisfactory to the County, in an amount sufficient for, and conditioned upon, the removal of the facility. The type of surety guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney. The tower shall be limited to a total of four (4) vertical arrays of panel antennas. No satellite or microwave dishes shall be permitted on the tower. ATTACHMENTS: B_ C- D- E- Application, Request and Additional Information Construction Plans, last revised November 11, 2002 Parcel and Location Maps SP 97-21 CFW Wireless (Joshua Run) Approval Letter, dated August 11, 1997 Architectural Review Board Approval Letter, Dated ~:; · * ~'- w. "~'.' :" ~ .~, ~ .'x,..~ ~. :.~' ..;'.' ~,~ ~ ~ '~'.', ' ' ;~' · , ~ '' ""~,'~1 '~'~ .... ~'"",~' · ' '".~.;~"'; ~"'~" ~ ~'""&'"";"~ ' ~' '~ '~ ~'~"'(~ "¢" · ~ ~ ' ' ~%.,~:f~7~.4 7~onmg ulstnct '~t I ''$ ............. ~' r~onmg urumance bcctson numb~qu~tca--~w ~'~, I ' · , Is this an mnendmcn[ to ~n ex[stmE Specml Usc Perm[[. "~' "' "' ;'",t e , ~Yes~ ~o ' · ' , . ~ ,., . . · ." ' . ',~: ~;'.~'~ .".~ . ~ . I , late 7ou submittin~ a si[e development plan with flt~ application? ,, ~ .- . ,' .' ' ,~ " ~'' , ' " ' ' ' " ..-~: -' ' '" ~-- '.' ":.7: "-.,;. '"':: ' . :.,-¢.'Z ":;:¢ - . . AddmSs"/~So ~lJ~?~-' /h/4- Czty ~/'~u,l/e State/'4.~' Zip go~ u ~ rn~ayt'me'~one ( qq~ ) ~e~_~ ~ ~1 ~ q Fax- ~' ~'2'~0'' ~:~'52~.4;~/D"' ~:"" .,.~,:u..~? E-mail" [Dayt. ime.Phone(~q; ) ~-¢210 Fax~2qo-269-&iO E-mail Zip Taxmapandpareel'f'A~m,q? '3o%: 't:>,,~¢e/'ql ' PhysiealAddressl,rmi;.~l} | ", ,_.:- ' ~:!5':i.:~, Does the owner of th~s property own (or have any ownership ~ntcrcst-~n) anY. abutung property. ',,If y. cs;"'pleas¢ hst Section 31.2.4.1 of the Albemarle County Zoning Ordinance states that, "The bo~ ATTACHMENT A . .. .,hereby reserve, s unto itself the right to issue ail i~ecia.l, use pei:mits pebmiited hereunuer, apeciaI use , "'-" :.- permi(s fdr u~e}!'~ ~3rovided'in:this o~3inance mfi~; be'i}~ii"~d U[~6h'~ fi~ing by the bo~d of · .. : .... .':<:~'".4-?. '5~31'?' ;' ...':' ..;; :- -"'~??--.--4~:-%~r.-'<:-':.~ '-'~%.:-~"~:~:"~'~;~3~?;Ig'~_~'.~,~::~2~.;x'~'~..,-'/· . ::'~ --e~.?~q that such ~og~e::~311 not be of.subsmnufl"de~ment'm'~jaceht':'proP~3hat t)e ~h~ete~ o[ th~'dii~ct ~%~33;';~-- -~ ~'~.:~'¢::ormnanc~, w~m ~me us~ pemt~tea oy ~~S~gJ,. ~~~g~lanons ~ro~mefl. in section '?>~:z '~v-T'*~:~5.0 ofth,s'ofdlnance:'~d' wlth the publ~-~~~ ?~>: .5'..- :.. .~ .,,, . .,.~ . ~ '~' ~':~ '~. . . . . . _ ' . . ,. . - ...,,'.,~.. ::..- ~.,? ,.~ ..... ."':'"..:~',a~,..~,:~ .~ .... ...,, .c,. ~"~ ..... .. ~'~' ~. ~'~....~' ..,.., ~, ~. ..~;~.,~ ~ .... ~. ~,~,.~..~ ~ .... :....,.. :.%c¢~thts form ~U.:pro.y~e ~ddmonal mF6maUon whmh..wfll ~s~st. the Countym ~m'mv~o~,ofvour m~uest &;~.c. '~X;.}:i~XZ If you n,e, $~!st~e~ ~Jllng ~~te~. ,taft ,s gvallable~~ ~,~g .' ..'. a ...... .. - ......... t ..... ;} - , . . ....... · ~ ~.=..,~.a ...... ~..,- ....... ,.~i .... ~ ....... ~. . ~.3:..~ ..... .a,~. - .....,- ...... -,. ....... ,~,. .... ~,. .... . .~.. ,~-.~i..?, ,.~,, ,. *- .- ....... ,.,..~ ............ -, ........ ,-.-..;.. ;.-, :.,....., ./,~....::~j,3Z;:,:Whattsme~omprcl~cns~ve~anoes~gnation~or~spmpeny?',:,,~K~ I.,'.,-.<.,.'.~.> .......... ~,:-~v-r~','-....'r-. ~',':::'." ',.· ' ~ :' ~l'',~ff::t2J ~-~g"-) '":' ';2'~'?",-.~2:' ~ ': "'' q: " ~-'- :'"'"'","? .:J-'"' '-.- "" -: '-' " ~-"L' '' 3. ...... ., '~ ~"y -.. -. -.C,~"~, ' - ~ '- .... '- ....... ":-,-....- t -- . - .... ".'-' -- · ~ .- ...... - , - .- , . , . . ::'.~ How will the proposed s~cial use afr~t~e character of tim'district su~ounding ~e property? (~ ~ ~ ~ ~ . How is ~e ~se in harm6~Y wi~ the pu*ose and intent ofthe Zoning OrdinanCe?'- '/~ . ZS & How is the use in h~mony with the us~ permitted by fight in the district? /~ U 2~ go.~,.,. WJ&. What additional "'" regulations provided in Section 5.0 of ~e ~ning Ordinance apply to this me?. ...~,,,'~ ~: ',-~ ...._-.- - .. . . .'-~.j,.~':-:'':~">":: ":-':?:'.-::5~,;-' ::')-~557::::;:-:.:%::}::95&i:::::<:.~ v::': ' :::.:' -':":'::'::"-'::i -.: ":.". " .' :':., :-..":. · -. ~. .- ' ' i'=-:a~ '.:'?., ';i'.:,h5-': ':'. '. :'- '-. , -" .)' .' ' .9 ". _ · - :~ ' ' 5 -' ' ,~, ' ::-:.'---, -:' How will th,, use promote the publm hmith, safety, and general welfare or the Communit ' :~' '~~ ~' "::';:?:?'" . . Y. Describe your request in detail and include all pertinent information such as the numb ATTACHMENT A involved in the use, operating hoUrs, and any uniqUe.featuresof the use: ~ ~,,~,,,~,,,-,,~-- .w~r · .. ::;~.:..,.. · . , .. ,-, '... ~.~ .~. .. .. . .... ... * . . . . ' ' ":5~'L:" .': :":': ':': : :'~ : ..:' ;.::.': : ...... · ' .:')', ~'. _.:' . .;- .... ':' . ' ' "1.,~ "'.'~,~'~. ' , :' ' ' '" ' . "' '" .' ~,:-'!.."?' ,",7 ': ' '. "' '"'.',""." ' · ,.' · · · " ' '~" '., ". '¢4' "'. .... . ' · ~ ' ':" ~''.,?'~, ' ' ~ ' . ' ~ ' , ~ ~ · . '..'.~:'; ......... '.'.'i'o..": /' ' . ' '.' l '..:.1~..: . . ~ .- ' ' '. ~ . · ~ .... .'. ...... '. ' ' · ". .: .... ~'~.'"' · ' '"" . '! ~"",' ''"" ' ' "' ' '. ";' ' "';:-;," .' ' " ' " ; ' ' , . ..... .,. ~ · o ~ , . '~%".": ':: .... , . . ,, . ... : . ',: .. ,.. ~, ,,; · . ,,~.. . ; . .~ ~. ." . '. . .... "'..."~':".:;" · (~ · ,,:..:,'.~_'~ .'.~ .'.', ...... ", '; ~-':- q. ;".':..v'.,~-',l ' r,a'.~*.',:'.~ ....',.. '~, .. · '..'.., ' :'.:r.;~,," .,~}~_~.~.,. .,. ,.: ,r..%. . ,'.'.?.' :' '... , ' ..... ]..~,-". ":.~,'~'~: ';'%' ..... :" ~"~-..'~.~" ~: ,"'~','3;:,,~;4' .:,.': .. ' ', .;;? · .. -,;,."~' ' .'~" ,~:,,.*.,'.-'..... ''d~'t'' '~a' - ~ ..... -.e.~,....~..,a.,,~ -,,,.~'*'~ .~..8,-1 -~ ~ ..~, - ,.. , ~ . ~r.,-._.~, e ,~ .,a~/~ . .~ ~-s~, , '; ;" .':.' -.= ~* ' :' 1, stA'? '5' '~ ' '"..',rr' ~'~1" ~.~ ~' '.. .... .. , , . .. ·,.~,._~~.. .... . - .~ .. · :.:_;,'.'5":.,:::~'-.*.:. A'l['ra CI-IMENTS REQUIRED :pro,lae-,W_.o(2)copras_ of. each: ,R ~,.a'-' .:}..,~:!,':>,~¢:'~',1__~ _.. · ". -.- · .... .'.,~, .... ;.,,;~,~ ~, '~, ' .-.~ --,~ ,,e-,"~"'~ , · ~_~ ..... ~.=~..'*, .... ,a.-,. '~,t',, ,;;,~.~: .;' .- __ ~- ...... · .-..-r,..;...~," ~. · '~."~,~. ~t,~,,..'.~, ':. ,..,~...~'~ ,,-..'~_~," ....... ' ,...-~.~: ;a .;"': .a .. ..,. ~ -,: . ~....., ,.~,, ...a:,.-..~. ~ ..... , e>; ,'... ' ': ' ,'. '.'.' .; :':.;:'.~=i. ~'*,!~;~ ;~.~. --:.~r.,~.... . %; .,,,, ,,.. - ?..,,;,.-- :~ ,',,..' .3--;,.~f. a,.-,.,,~.~.~.'~p-.,.I-. · ?,~o4' ';..°;,~ '. · ..:~ --','...,...?., ,' :'.,': ~'.,'-',~. ',- L~['.. ~ .... ~.:;,;~ :..-,=,....~ ,~:.;= ,., . ,~.,,,~.~..., ~ ..... ; .... ....... ;'~,~., .~,. .¥.:~'' . . =% .' .. -... ~ . ~ .,,a ~. .... ...~''.~, , ,.,_,~ ,~ ,..,~'5~", · :~, . ...- . ....t ., ,.~.. · ., ..,,;~?..,...~.~~, -.~..~. . ,.... ::.;,: '.... E] .. ~. . Recorded plat or boundary survey of the property requested for the rezon , .~...~..,<,~. ,~.,.., ..... ; ............... . ....... .,... . ... .. . ,..,...,'..:.~ .... . .... ,~, . · . . ,. % - .. . . · ,. ..... .~.,,.~.':.,/;,.,'.,...~,',_'~.~.-,...',.. ': ~?:/',:-'::: - . ' '.': -." 'no recorded plat or boundary survey, please provide legal descnpuon of the prope~y' and ..... :...~ . _ ... . .. . ,.... ............ .. . . ~ ~. .. :...: ...~.:, -.~,:~,>._~ :?. _:., .... -:.-..?,.~,,?_+ ':·"; "'~' :' ' ' " .... er' ..... · ' '",""~'~-; ,'-~;-'- ¥,"es~-'-:-"-,'~.-: ~ ..:.....: .~, ,- - · ...... the Deed Book and pal~¢ numb or Plat Book and pa~e 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. [~ 2. Ownership information- If ownership of the prop~y..!s in the name .of.. any [yp~-ofilegal 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 Count. y.must be submitted certifying that the person .signing below has the authority . _ -' - ...;f5 '. · -' ~'.~. . If the applicant is a contract purchaSer,..._~ a document acceptable to the County must be submitted containing the owner's written c,onsent to the' application. -- If the applicant is the agent of tt!._e oWner, a documen.t acce. ptable to the County must be submitted that is evidence of the existence and scope of the agency. OPTIONAL ATTACHMENTS: [~1 3. - Drawings or conceptual plans, if any. . .... '.' "" . ' [~ - 4. ' Additional Information, if any. -'- ' I hereby certi~ that I own the subject property,.0r'have the legal power to act:on behalf of the °wrier in ._7!:'"!..?.:':' '.fiF,~ this a'p~licati°n~, i al~b-certify'that t~e informati~'n provided is tm'e' and'~c'~Ur~f'~':i~'~:-l~i-:;~ ~, :---' Mobile ATTAC;HMENT A Omnipoint Communications CAP, dba T-Mobile USA (T-Mobile), requests a Special Use Permit for a personal wireless service facility to be placed on an existing lattice tower located at 1754 Airport Road. The existing 150 feet toWer was approved as a Special Use Permit (SP-97-21) by Albemarle County Board of Supervisors on August 20, 1997. T-Mobile proposes to place a total of nine (9) panel antennas at a height of approximately 120 feet on the existing tower. The size of each antenna is approximately 72"x 8" x2.75" and each antenna will be painted to match the existing tower. Near the base of tower, - within the existing fenced around which surrounds the tower, a 10'x20' concrete pad will be placed at the site. A total of three (3) equipment cabinets, which will be approximately 63.6"x51"x28" in 'size, will be positioned on the proposed concrete pad. Copies of the equipment and antennas specification sheets are submitted for the County's review with this Special Use Permit application. The proposed wireless facility will not extend the height of the existing tower and the additional of the equipment cabinets will not require an extension of existing compound area. As shown on the attached pictures, the addition ofT-Mobile's antennas and its equipment are in keeping with the subject use. Due to the existing tower's proximity to the Albemarle County's Entrance Corridor area near Route 29, T-Mobile has submitted an application to the Albemarle County Architectural Re. view Board ro evaluate our proposal at the subject site. As shown on the photographs of the site, T-Mobile's proposed use of a existing structure to site its wireless facility has the limited visual impact and is in keeping with Albemarle's County's Personal Wireless Facilities policy: ,'v!cc:ie USA Office' ,240 264-8600 Fax: 240) 264-8510 ' 2653 Baltimore Avenue Be~:s'.,.!ie. MD 20705 ATTACHMENT A 2.75" !~72" RF CONNECTORS-- ATTACHMENT A Azimuth B~amwidth Eievation Beamwidth Gain Polarization Pore-to-Port Isolation Front-iD-Back Ratio Electrical Downtilt Ootions VSWR ConnecTors Power Handling Passive Intermodulat~on Lightning Protection Electrical 90° 4.5° 17.5 dBi (15.4 cBd SianL + 45° ~ 3O dB _> 25 dB ? 30 ¢,8 Typ.) 0o.o°,_ . 4~.6~ ~.35:* Max 2:%16 DIN (female~ 250 Wa~s CW ~ -~z7 d~c [~0W (~43 dgm)] Chassis Ground Mechanical Rated Wind Velocity Equivalent Fiat Plate Area Front Wind Load @ 100 mph (161 kph) Side Wind Load @ I00 mob (161 kph) Weigt~t Dimensions (L x W x D) 72in x 8in x 2.75in (183 crn x 20.3 cmx 7.0 cm~ 150 rnoh (241 krn/hr'~ 4ft~ (0.37 rn:) 115 ihs (512 N) 40 lbs (176 N) 23 lbs (10.4 kg) t Note: Paten[ Pending and US Patent number 5 757, 246. Values and patterns are representative and variations may occur. Specifications may change without notice due to continuous product enhancements. Digitized pattern data is available from the faC, Dry or via the wee site www. emswireiess.com and reflect all updates. Model Number Description Comments MTG-P00-10 Standard Mount (Supplied with antenna) Mounts to Wall or 1.5 inch to 5.0 inch O.D. Pole._~.8 cm to 12.7 cra)_ ..... ..... ._M_T~-~0_2_:I_0_ _. Swivel Mount Mou.n_ting kit providing azimuth adjus_.tm_.e.~L ................. MTG-DXX-20* Mechanical Downtilt Kits 0° - 10° or 0° . 15° Mechanical Downtilt MTG-CXX-10* Cluster Mount Kits ........ 3 antennas 120° a.p,_artor_2_a_n_tennas 18_0_~ ap~_rt MTG-C02-t0 U-8olt Cluster Mount Kit 3 antennas 120° apart, 4.5" O.D. Dote .... MTG-TXX-10* Steel Band Mount Pole diameters 7.5"- 45" - ~'~er ShOWn represen-n~-~'~'~ducts. See mounting opti~~ifi-~-~ode! number. · ~.,-, . .~ ,;:..::.,,~.~ ?;:, · ~s~- ' *" ,"'-~ ar' Azimuth Elevation Elevation Elevation Elevation 0° Downtilt 2° Downtilt 4° Downtilt - 6° Downtilt www, emswireless.com +1 770.582.0555 Fax +1 770.729.0036 39 Technical Dar ,~BSfor 2,02 ATTACHMENT A 13.3 Physica! Dimensions 13.4 Space Requirements For fuua:-~ ex~.~,-:sions, i~ is ~visabie :ha: 'ze si~ h~ s~ac~ for mor~ cabin¢~. Du~ irish!aden ~d m~nmn~c=. ~u~ door h~ m swine open 180°. Du~ng se~cz of dne cabJn¢~ a tzz¢ cmn be o[aced over ~k~m :o gro[ec: d~e equipmen~ from unsu~b[e weailer con~ons. surface taus: be wiiuin ~ .mg~000 mm m~d level w~uzm Tqo r=~, side, of ~= cabinet must not ~ oiaced ctoser wil or to ~ adjacent cabine: Tais is n~ess~y for ~e inst~iadon remov~ of Cue cabinet roof. due m~io ~biner. a sD~: of 500mm must be [e~ ~cween dne cabinets. Note: %~e ~eat exch~ger may a~: condensation. %xis may accumulate on ~e ~oor of ~e ~et. rf She sire is not Mmady provided wi~ = ~renna m~:. s~ac= must ~so to ~ ~!~ared for ~ue m~: ~d im fo~don. %his c~ ~e ,x~ a considembie s:ace de~nding on me k,e~n:~.a-~ ' c~s,_..4~ ;~ of ~e ~sr. 125 (230) © ER~m .~a~o Sys:e..--.s AS *, 997-0~-: 2 13 ATTACHMENT A Technical Data for RBS 2102 The R.BS 2i02 is an on:door, self-contained base smrJon ~.nd consists two main items: a cabine', and a mounting base. ~n~v are both aasemblec :t [.he f~c:orv ~_nd '~ :; ~' ,.,ou,.~.n= ba~e !s ....... c-~ .o be da[lve~ ~o ~h~ ske ~mor ~o ~he cabinet ~d ~ns~t~d onne..,o ......... s s~imh, ove~cimg~ prot~c:om. antenna c~l~ connections ~d sfac= for a ~soon moduie ~cmomen~. ?ne gcuiom~ mounted in Standard RBS 2102 Hardware ,-r.~ ~P3, S 2!02 ~"~ 2573 ,~gA © E.-.css~n ~aCio Sys:,ams AS 1~ (m~-.O) ~--- ATTACHMENT A TYPE RT TOWER WITH NICATION EQUIPMENT ALL BE PLACED AT 120+ }HREE EQUIPMENT ) FUTURE) WILL BE ONCRETE PAD INS!DE 'ION CAP OpE[ ATIONS L_L_C A SUBSIDIARY OF T-MOBILE USA. fkc VOICESTREAM WI~RELESS CORFS' SITE NAME CROWN - FLAT BRANCH ~WN~. OR REP. ~N CONSTRUCTI0 RF SAC SHEET INDEX T-1 SP-1 Z-2 Z-3 TITLE SHEET PARTIAL TOPOGRAPHIC SURVEY SiTE PLAN ANTENNA & ELEVATION CONSTRUCTtON DETAILS VICINITY MAP .r SITE / t,/ / SITE NUMBER CHR 010A SITE ADDRESS 1750 AIRPOR1 ROAD CHARLOTTESVILLE, VA 22901 "4 SITE INFORNLATION ALBEMARLE cOUNTY JURISDICTION: BOCA, AISC, NEC UNMANNED CODE' ocCUPANCY: RA ZONING: NON-COMBUSTIBLE CONSTRUC~ON TYPE: 627'~ pROJECT SUMMARY LANDLORD CROWN COMMUNICATIONS NAME 4700 cORE D0R PLACE, sUITE D AODRESS CITY, STATE ZiP BELTSVILL[, MD 20705 sPENCER LEECH CONTACT~ (301) 931-9267 AMSL: TOWER HEIGHT; RAD CENTER: COORDINATES: ADDRESS'. & PAGE 1360 PG 271 DEED BOOK : UN · ' 2327~ SQ. FT. AR~ o~ Ex,s.T/%?,~'~ ~r~ 200 SD rT. AREA OF OJ~JHJJ*"gll~lJ I.~,~ ' 150'-O"~ .120'~ (AGg ,T:38'-07-58,2'/ LONG:TB'-26'-24,6" 1~50 AIRPORT ROAD, CNARLOTI~SVILLE, VA 22901 CONSUL-~-NTS PRIME CONSULTANT TECTONIC ENGINEERING & SURVEy_lNG CONSULTANTS P.C. 804 MOOREFIELD PARK DRIVE, SUITE 100 RICHMOND, VA 23236 cONTACT: PHIUP MELITA PHONE: (804) 330-7205 FAX: (804) 330-72'13 EXISTING UTILITIES (T80) SURVEYOR AUSTIN BROCKENBROUGH & ASSOC., L.L,P, 4800 W. HUNDRED ROAD CHESTER, ~ROINIA 23831 PHONE: (B04) 746-8746 pAX: (804) 748-7849 UTILITI~. S ELECTRIC VEPCO APPLICANT OMNIPOIN~ COMMUNICATIONS CAP oPERATIONS. LLC. 12050 BALTIMORE AVE, BELTSVILLE, MD 20705 CONTACT: TOM RYALL (,240) 264-8600 (OFFICE) TEL[PHONE V[RIZON .g£'g6£ ~ / g6'6g ~O& ~o.g£s~ L..._.J ~ '~ ........._ ........................ ~ --,0~l ' - -- ~10 / ...... __~~-= ..............................-___ --_=~_.~ ~ ;;~ J ~ - ~ ~ ~ ........... ~:=~--- .~o~.~x ~ ~- ~, - ............. --~,. ~, ~ . / '.[ ~. ~ ................... ~~ k ama ~aaoa ~ . ' ~ ~0 ..............~ ' I ,, ,-. · gr*~=~l / ~ouoO j ~ .,~ x~ ~.. z' - '~ xx % ,~ ~LJ ~ 'ogfl 8E / / ~,~ --- -~ -~' ~ ........ " ' I ~1 ~ I .lrO~ I ~' . ~ ~ ' I .. f 6zl Od '6~g~ 33~3S 7V.l.50d g.~v,'s JOH'-J£ 'ON ~ XVl a~.mt ~u!7 u!eq3 ~HALL vERiFY IN THE ~',IELD TRUE NORTH BY .AR OBSERVATION PRIOR TO ~'ABRICATION/ )F ANTENNA MOUNTS j SHALL NOTIFY ENGINEER OF ANY DiscREPANCY RT OF CON$1RUCTION // /// //~/'/ // // /% EXIST. ~SNEO IST. USE ExiST, EGUIP. I pROPOSED CHAINLINK FENCE '! -- EX!STiNG UTILITY POLE .-0" U/G-E/T UNDERGROUND ELEC/TELCO __ SiL'r F, ENCE L ] THESE DRAWINGS A E BASED ON INFORMATION PROVIDED BY I ALL LIABILITY _F~.~'~,..L~,r°~',[-'i~i~'~O"~: AND TO T~E E×ISTIN'"_G_ ' AND REQUIRED TOWERS, EXISTINGSTRUCTURES AND EXISTINGsuPPORTS. / / ??osEo2o_D. //// /1 / · / POSED 20'-o" ENSIGN BY CROWNL TLR ,N~ER.^TIO"AL ; CABINET EXISTING"""--.. TELEPHONE'~ ~ PEDESTAL ~ EXIST. BUILDING RUINS 5. CONTRACTOR S ....... ~'NE LINES lO CLEAR UNDERGROUND_.I~,~n FOUNDATION, IF REQUIRED. ~ ~Hc ANTENNA SHALL BE 4; THE DIRECTION ~-'~TEM REQUIREMENTS. TO MLLi ADJUSTED'_ .... ~ RIFY HEIGH~ OF 5. CONTRACTON b~.~iNT PM ANTENNA WITH OMN~u 6 ALL ANTENNA AZIMUTH ARE TO BE FROM TRUE NORTH. ? / / / / / / / > GRAVEL sURFACE SEE DETAIL 4/Z-5 PROPOSEDOMNIPOINT CONCRETEPAD o[TAIL 5/7-5 / EX~ST. HOUSE ExiST, 11'-3"x16' SHELTER EXIST. 10'x16' SHELTER m~OPOSED BACKBO~G ~I~NSION -TO PLACE ~-~ CABLEBRIDGE OMNIDOINT METER & DISCONNECT ,/'// / / PLAN_ ExiST. 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BAND FOR ID00 MHZ ERICSSON P/N KRC 131 185/1~ B1'5 SUPPORT FRNaE wiTH oUTRiGGERS MiCROFLECT '~ ~'~"'~COAX BOOT FOUR 4-" DIAMETER; PORTS ~ MICROFLECT ENTRY PANEL WITH FOUR 4" (102MM) PORTS pAR~ ~99521 SEE SITE pLAN FOR DIMENSION ~'-~XTEND GRAV 1'-0" tft.'fu · #57 S'TONE, DUST-$'3~EE, /- 4" DEEP AFTER cOMPACTION .]~__/~ /_STABILIZATION ~ABRtC ~ coMPACIED sUBG~E LE: 1"- 5' /x~'% COAX TER~ SCALE: 1"'= 5' . ii ',, ATTACHMENT C '%, .oW' ATTACHMENT C RECEIVED JUN 2 5 t997 Planning Dept go' ~¢,," ,,~J 4 ;J~-.45' " F_J~ FOR TOWER SITE CFW WIRELESS RIVA_NHA DIST ALBEMARLE C0. VIR611~A SCALE 1" = 100' J-UN IS, 1997__ BRENNEMAN ENGINEERING STUARTS DRAFI' VA 1884 DWG B3536 · ~ I ?.. ATTACHMENT D COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-,5823 September 11, 1997 Michael MacPherson CFW Wireless 401 Spring Lane, Suite 300 WaynesborO, VA 22980 RE: SP 97-21 CFW Wireless, CV 1.02, Joshua Run Tax Map 32, Parcel 41 Dear Mr. MacPherson: The Albemarle County Boardof Supervisors, at its meeting on August 20, 1997, approved the above-noted request to construct a 150' telecommunication tower and associated facilities on a portion of 79 acres. Please note that this approval is subject to the following conditions: Tower height shall not exceed 150 feet. The tower shall be designed to allow an increase in height up to 199 feet. Any increase in height above 150 feet shall require amendment ofthis permit. Compliance with Section 5.1.12 of the Zoning Ordinance. There shall be no lighting of the tower unless required by a federal agency. All tower lighting shall be shielded so as to minimize visibility from the ground. Staff approval of additional antennae installation. No administrative approval shall constitute or imply support for or approval of, the location of additional towers, antennae, etc., even if they may be part of the same network or system as any antennae administrativeb) approved under this section. The tower must be designed and adequate separation provided to property lines such that in the event of structural failure~ the tower and components will remain within the lease area. The tower shall be disassembled and removed from the site within 90 days of the discontinuance of the use of the tower for wireless telecommunication purposes. ATTACHMENT D Page 2 September 11, 1997 10. 11. Tower shall be located as shown on Attached plan titled "Tower site for CFW Wireless" and initialed WDF 7/1/97. Existing trees within 200 feet of the tower shall not be removed without amendment of this special use permit except as may be authorized by staff to permit construction of the tower and installation of access for vehicles and utilities. Except as specifically required by the Federal Aviation Administration or the Federal Communications Commission, transmission structures shall use colors such as gray, blue or green, which reduce their.visual impacts, except as may be modified by the ARB. The permittee shall allow other wireless telecommunications providers to locate on the tower and site and shall provide the County, upon request, verifiable evidence of having made a good faith effort to allow such location. Verifiable evidence of a good faith effort includes, but is not limited to, evidene that the permitee has offered to allow other providers to locat6 on the permitee's tower and site in exchange for reciprocal rights on a tower and site owned or controlled by such other provider within Albemarle County. The permittee aslo agrees to execute a letter of intent prior to final site plan approval stating tht it will make a good faith effert to allow such location and will negotiate in good faith with any other wireless telecommunications provider requesting to locate on the tower or site; and A report shall be submitted to the Zoning Administrator once a year, no later than July 1. This report shall state current user status of the tower. Specifically, the report shall state if the tower is being used for wireless telecommunication service. In the event that the use, structure or activity for which this special use permit is issued shall-not be commenced within eighteen (18) months after the issuance of such permit, the same shall be deemed abandoned and the authority granted thereunder shall thereupon terminate. For purposes of this section, the term "commenced" shall be construed to include the commencement of construction of any structure necessary to the use of such permit within two (2) years from the date of the issuance thereof which is thereafter completed within one (1) year. Before beginning this use, you must obtain a zoning clearance from the Zoning Department. Before the Zoning Department will issue a clearance, you must comply with the conditions in this letter. For further information, please call Jan Sprinkle at 296-5875. If you should have any questiohs or comments regarding the above-noted action, please do not hesitate to contact me. Sincerely, William D. Fritz Senior Planner CC: Amelia McCulley Jack Kelsey January 27,2003 COUNTY OF ALBEMARLE Department or' Planning & Community Development 401 Mc[ntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - $823 Fax (434) 972 - 4012 ATTACHMENT E Dan Ryan Omni point Communication 12050 Baltimore Ave Beltsville, MD 20705 RE: ARB-2002-14 Wright & Turner (Omnipoint/T-Mobile) (Joshua Run) Tax Map 32, Parcel 41 Dear Mr. Ryan: The Albemarle County Architectural Review Board. at its meeting on January 21, 2003, completea a preliminary review of the above-noted request to ada 9 panel antennas [o an existing lattice tower telecommunications facility. The Roard forwarded the following recommendation to the Planning Commission: The ARB expresses no objection to the Special Use Permit, subject to the following conditions: 1. All equipment attached to the tower shall be painted dark gray To match the tower. The cables themselves may remain black. 2. The protrusion of the antennas from the tower shall be no greater than that. of the existing antennas and shall be m~nimized as much as possible. 3. Remove the note "The size and height of the antenna shall be adjusted to meet P,F requirements' from the drawings. 4. Plantings shall be considered especially if the 200-foot perimeter of 'no tree cutting' is violated. 5, This fourth addition of antenna panels to the tower shall be the final addition. You may submit your application for final ARB review at your earliest convenience. Application forms. checklists and schedules are available on-line a[ www.albemarle.or,q/plannin.q Revised drawings addressing the comments listed above are required. Please include a memo outlining how each comment has been addressed. If changes other than those requested have been made, identify those changes in the memo also. If you h'ave any questions concerning any of the above, please feel free to call me. Sincerely, Margaret Maliszewski Design Planner COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SP 03,21 Buck's Elbow Extension SP 03-22 Carter's Mountain Extension SP 03-23 Emergency Communications Center Extension SP 03-24 Fan Mountain Extension S? 03-25 KloCkner Stadium Extension SUBJECT/PROPOSAL/REQUEST: Request to extend the period of validity for existing special use permits that were approved in support of the emergency communications system's regional 800-MHz public safety radio system (Attachment A). This request covers five (5) different properties, described as Tax Map 39-Parcel lB1; Tax Map 91-ParCel 28; Tax Map 60-Parcel 30F; Tax Map 109-Parcel 60; and, Tax Map 76A-Parcel J3. STAFF CONTACT(S): Stephen B. Waller, AICP AGENDA DATE: Planning Commission: April 15, 2003 Board of Supervisors: April 16, 2003 ITEM NUMBERS: SP 03-21, SP 03-22 SP 03-23, SP 03-24, SP 03-25 INFORMATION: ATTACHMENTS: Yes REVIEWED BY: VWC BACKGROUND: In response to certain deficiencies that exist in the emergency radio systems that are currently being used by emergency service providers for the County of Albemarle, City of Charlottesville, Charlottesville/Albemarle Airport, and the University of Virginia, the Emergency Communications Center (ECC) began the task of replacing those independent systems with a single integrated communications system. At its November April 18, 2001 hearing, the Board of Supervisors granted approval of the following five special use permits for this system (Attachment B): SP 00-83 ECC Communication Facility -Allowed the installation of an emergency communications facility with a 110-foot tall monopole tower at the Emergency Communications Center, located at 2306 Ivy Road on property described as Tax Map 60-Parcel 30F (zoned R-1). The special use permit for this facility is currently being reviewed as SP 03-23. SP 00-84 K10ckner Stadium Communication Facility - Allowed the installation of an emergency communications facility with antennas attached to an existing 105-foot tall light pole at the University of Virginia's Klockner stadium, on property described as Tax Map. 76A-Parcel J3 (zoned R-I). The special use permit for this facility is currently being reviewed as SP 03-25. SP 0085 Fan Mountain Communication Facility - Allowed the installation of an emergency commtmications facility proposing the replacement of an existing 120-foot tall guyed tower with a 120- foot tall self-supporting lattice tower for its mounting structure on property described as Tax Map 109- Parcel 60 (zoned RA). This special use permit for this facility is currently being reviewed as SP 03-24. SP 00-86 Buck's Elbow Communication Facility - Allowed the installation of an emergency communications system proposing the 20-foot increase in the height of an existing 100-foot tall tower for its mounting structure on property described as Tax Map 39-Parcel lB1 (zoned RA). The special use permit for this facility is currently being reviewed as SP 03-21. SP 00-88 Carter's Mountain Communication Facili _ty - Allowed the installation of an emergency communications facility with 250-foot tall lattice tower for its moUnting structure on property described as Tax Map 91-Parcel 28 (zoned RA). The special use permit for this facility is currently being reviewed as SP 03-22. Discussion: The regulations set forth in Section 31.2.4.4 allow a two-year period of validity, within which the use,or the construction activity required for an approved special use permit must be commenced. The applicant has indicated that the levels of review required by the Virginia Department of Historic Resources, and the environmental assessment and licensing process for the Federal Communications Commission's (FCC) for the Peter's Mountain facility has caused delays in the construction of the other five facilities. An extension of the period of validity for the special use permits must be granted in order to allow adequate time to begin construction of the facilities. At it's April 16, 2001, The Board of Supervisors voted to amend Section 4.10.3.1 of the Zoning Ordinance to allow telecommunications facilities owned or operated in whole or in part by the CoUnty in a residential district to have a height exceeding 100 feet; and Section 30.6.8 to clarify that the Board of Supervisors may issue a certificate of appropriateness upon a finding that a public safety facility is a public necessity. These specific regulation are most relevant to the previous approvals of the tower proposed at the ECC building site and the lights at Kloclmer Stadium (SP 00-83 and SP 00-84). Staff recognizes that the only significant change in circumstances that has occurred since the original approval of those items, is that another special use permit for the sixth facility in County of Albemarle for this system on Peter's Mountain, was approved by the Board of Supervisors on January 9, 2002. Request: The applicant'S petition is for the re-approval of five special use permits, which would actually result in the extension of special use permits allowing the development of facilities for the Emergency Communications Center's 800 MHz emergency communications system. Despite previous delays, the applicant anOcipates that all of the towers will be constructed within one year. The applicant is also requesting a minor modification in the length of the Remote "RF" Shelters proposed for the Fan Mountain and Carter's Mountain sites (Attachment C). This increase in size would result in equipment buildings that would actually be 12' x 26', opposed to the 12' x 32' ground equipment buildings that were originally approved, However, staffnotes that those proposed buildings are the same size as the one that was approved for the Peter's Mountain Facility and does not require increasing the size of the fenced areas for those two facilities. 2 STAFF COMMENT: Section 31.2.4.1 of the Zoning Ordinance: The Board of Supervisors hereby rcscrxres unto itself the right to issue all s. pccial usc peq~_~.i__t_.s pcmfitted hcrctmdcr. Special use permits for uses as provided in this ordinance may bc issued upon a I'indina bv the Board of Supervisors that such use will not be of substantial detriment to adjacent property, that the character of the district will not be changed thereby, and. that such use will be in harmony with the purpose and intent of this ordinance, with the uses permitted by fight in the district, with additional regulations provided in Section 5.0 of this ordinance, and with the pubhc health, safety and general welfare. Staffhas reviewed this request and finds that no other significant changes in. circumstance have occurred since .the original special approvals were granted that would make an extension of the time period for which they are valid inappropriate. Staffnotes that theECC has submitted tree conservation reports prepared by a certified arborist in accordance with the previous special use permit conditions (Attachment D). SUMMARY: Staff has identified the following factors, which are favorable to this request: Staffhas identified no significant changes in circumstance that have occurred.since the fn-st approval for these facilities was granted: In accordance with Section 31.2.4.4, the Board of Supervisors may apply an alternative period in which to commence a use or the necessary construction for a use allowed by a special use permit. The applicant has alreadY submitted tree conservation reports by a certified arborist for the sites that are located near wooded areas: The following factors are relevant to this consideration: The special use permit for the Sixth facility that is needed for the ECC's system on Peter's Mountain was approved nearly ten (10) months after these five facilities originally approved. The applicant's request to increase the size of the equipment buildings at the Fan Mountain and Carter's Mountain sites can be completely accommodated within the originally approved fenced areas. RECOMMENDED ACTION: Staff has reviewed this request for compliance with the provisions of Section 31.2.4; 1 of the Zoning Ordinance, the guidelines set forth in the Comprehensive Plan and the original conditions of approval for these facilities, and recommends approval with conditions. Recommended conditions of approval: 3 SP 03-21 Buck's Elbow: The site development shall be in substantial compliance with the plans titled "Bucks Elbow Mountain Site Plan and Elevations", prepared by Rivanna Engineering, dated 1-23-01; and, Prior to beginning construction or installation of the pole or the equipment cabinets, or installation of access for vehicle or utilities, a tree conservation plan, developed by a certified arborist, specifying tree protection methods and procedures and identifying any existing trees to be removed on the site both inside and outside the access easement and lease area shall be submitted to the Director of Plauning and Community Development for approval. All construction or installation associated with the pole and equipment building, including necessary access for construction or installation, shall be in accordance with this tree conservation plan. Except for the tree removal expressly authorized by the Director of Planning and Community Development, the permittee shall not remove existing trees within two-hundred (200) feet of the pole and equipment building. A.special use permit amendment shall be required for any future tree removal within the two-hundred (200)-foot buffer, after the installation, of the subject facility. SP 03-22 Carter's Mountain: The site development shall be in substantial compliance with the plans titled "Carters Mountain Site Plan and Elevations", prepared by Rivanna Engineering, dated 1-23-01 and last revised March 27, 2003; and, Prior to beginning construction or installation of the pole or the equipment cabinets, or installation of access for vehicle or utilities, a tree conservation plan, developed by a certified arborist, specifying tree protection methods and procedures and identifying any existing trees to be removed on the site both inside and outside the access easement and lease area shall be submitted to the Director of Planning and Community Development for approval. All construction or installation associated with the pole and equipment building, including necessary access for construction or installation, shall be in accordance with this tree conservation plan. Except for the tree removal expressly authorized by the Director of Planning and Community Development, the permittee shall not remove existing trees within two-hundred (200) feet of the pole and equipment building. A special use permit amendment shall be required for any future tree removal within the two-hundred (200)-foot buffer, after the installation of the subject facility. SP 03-23 ECC Tower: o The site development shall be in substantial compliance with the plans titled "ECC Site Plans and Elevations", prepared by Rivanna Engineering, dated 1-23-01; Landscape screening consisting of evergreen and deciduous trees shall be installed alongside and parallel to the Route 250 right-of-way, between the ECC building and the westernmost property line, subject to the approval of the Planning Director or designee; and, Prior to beginning construction or installation of the pole or the equipment cabinets, or installation of access for vehicle or utilities, a tree conservation plan, developed by a certified arborist, specifying tree protection methods and procedures and identifying any existing trees to be removed on the site both inside and outside the access easement and lease area shall be submitted to the Director of Plauning and Community Development for approval. All construction or installation 4 associated with the pole and equipment building, including necessary access for construction or installation, shall be in accordance with this tree conservation plan. Except for the tree removal expressly authorized by the Director of Planning and Community Development, the permittee shall not remove existing trees within two-hundred (200) feet of the pole and equipment building. A special use permit amendment shall be required for any future tree removal within the two-hundred (200)-foot buffer, after the installation of the subject facility. SP 03-24 Fan Mountain Extension: The site development shall be in substantial compliance with the plans titled "Fan Mountain Site Plan and Elevations", prepared by Rivanna Engineering, dated 1-23-01, last revised on March 27, 2003; and, Prior to beginning construction or installation of the pole or the equipment cabinets, or installation of access for vehicle or utilities, a tree conservation plan, developed by a certified arborist, specifying tree protection methOds and procedures and identifying any existing trees to be removed on the site both inside and outside the access easement and lease area shall be submitted to the Director of Planning-and Community Development for approval. All construction or installation associated with the pole and equipment building, including necessary access for construction or installation, shall be in accordance with this tree conservation Plan. Except for the tree removal expressly authorized by the Director of Planning and Community Development, the permittee shall not remove existing trees within two-hundred (200) feet of the pole and equipment building. A special use permit amendment shall be required for any future tree removal within the two-hundred (200)-foOt buffer, after the installation of the subject facihty. SP 03.25 Klockner Stadium: The site develOpment shall be in substantial compliance with the plans titled "Klockner Stadium", prepared by Harris Corporation, dated 10-I 8-00. ATTACHMENTS: B_ C- D- Application and Requests Approval Letters, dated April 25, 2001 Revised Site Drawings for the Fan Mountain and Carter's Mountain Facilities Tree Conservation Reports V~GIN~. ATTACHMENT A March 17, 2003 Amelia McCulley Zoning Admini.qtrator Albemarle CoUnty Building & Zoning 401 Mclntire Road Charlottesville, Vir~nia 22902 Subject: Amendment application(s) for five (5) existing Special Use Permits (SP-2000-83, 84, 85, 86 & 88) for the Regional 800 MHz Public Safety Radio Project. Dear Amelia, Attached for your review and processing are amendment applications for five (5) existing special use permits for five of the six radio tower sites that will be the infrastructure for the planned Regional 800 MHz Public Safety Radio Project for the CoUnty of Albemarle, City of Charlottesville, University of Virginia, and the Charlottesville/Albemarle Airport. I have enclosed with this application package an Executive Summary that will assist in explaining the history of this project, the reasons for implementation of a new 800 MHz radio system, and the benefits to the public. As indicated in the attached letter to the Board of Supervisors dated March 13, 2003, the ECC had hoped to commence eoustrucfion within the time period indicated for the above special use permits. However, for the reasons indicated to the Board of Supervisors we will not be able to mobilize in time to commence coustruetion within the specified time period required in the original approved special permits. For this reason the Emergency Communications Center (ECC) officially requests a one-year extension to commence construction of the tower sites identified in the original special use permits. As we had done with the original special permit applications, the ECC will pay the $85.00 ($425.00) fee per application by having the Albemarle CoUnty Finance Department transfer funds from the appropriate ECC accoUnt to your designated department accoUnt Please advise the appropriate accoUnt number for proper crediting. As a separate matter, the site plans for the Carter's MoUntain and Fan Mountain sites reflected Remote "RF" Site Shelters with dimensions of 12' x 26'. Shortly after approval Motorola advised us that the size of their shelters would have a new standardized dimension and the new shelters would now be 12' x 32'. This change in shelter size will not - - change the size of the fenced areas of the sites as indicated in the attached site plans previously submitted and prepared by Rivanna Engineering, dated 1-23-01. The ECC believes this change may still meet the requirements of substantial compliance. Please advise ff any further action is required. In a separate process, the Board of Supervisors for the Peters MoUntain tower site approved a special use permit on January 9, 2002. Thank you in advance for your assistance and consideration in this process. If you have any questions or additional information is required please let me know. Sincerely Wayne S. Campagna Projects Coordinator Cc: Tom Hanson, Director Charlottesville - UVA - Albemarle County Emergency Communications Center 2306 Ivy Road, Charlottesville, Virginia 22903 (804) 971-i022 ATTACHMENT A ;..:-:.-..... .--?..,:~'?-'~: -- .. I ...... '- ",..', ',.: .......... .'. .... '.. ;..... '?'/,. A ..... ,..,, ;~4~i~'~ '~C~;;~.~'~.e,~x~' ~- ?" '" '--.. ~%~z~",;'!.~..:.~;.~:;:.?~.~--~.~..: ?~-:~i~- ;A~:~' --'- v ..... ~ ...... '- - - -~ .~-~- .", ..... '.'.i'~(' ~'[ ~ '" , .' ........... ' - ~ ~ : .- !;~i6.?~.,,.~.,<~}.I -:~;~,.~;:.:,~',..'~:~:'- ":~-,:/.-..:;~ ..... _,;;4 ~..'' --:., :' .~',,: . -~.,~ ..,..--~-.. ~ -. . .~ . .- . . .. - . . ..... . . . ,.- .-~S~. . -- ~".' ~..~.-.. y ~"? Dayume Phone ( ~ ) ~5~'' '~ '~' Fax .~ ::i'. '.':,~.~":.T~,:y..~ ..:?~::','..:",:'~..", -' ....' ' . ..... '. · : '. · . ' ... ., S owncr~hl ; ATTACHMENT A Emergency Communications Center (March ~17, 2003) Application for Special Use'Permit (Form pg. 2 & 3): What is the Comprehensive Plan designation for this property? No change realized or known fi.om ori~ submission and approval of special Use permits on 4/18/0,1. How will the proposed special use affect adjacent property? No change known or expected fi.om original, submission and approval of special use permits on ~4/18/01. How will the proposed special use affect the character of the district surrounding the property? No Change known or expected fi.om original submission and approval of special use permits on 4/18/01. How is the use in harmony with the purpose and intent of the Zoning Ordinance? Should be the same since no change is expected or planned fi.om original submission and approval of special use permits on 4/18/01. How .is the use in harmony with the uses permitted by fight in the district? Should be the same since no change is expected or planned from original submission and approval of special use permits on 4/18/01. What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use? The applicant is not knowledgeable of any additional regulations that would apply to this use or since original submission and approval of special use permits on 4/18/01, How will this use promote the public health, safety, and general welfare of the community? Please refer to cover letter and executive summary_ document attached for explanation and information. Describe your request in detail and include all pertinent information such as the number of persons involved in the use, operating hours, and any unique features of the use: Please refer to cover letter and Executive Summary_ attached as well as materials prepared by the Planning & C.o m_ .n. BLni_ty_D__e_3.~e_Lo p n_~e_nt D._e~grt n!.eJ3.t tilt p..u_I_~l_iq he~.tri~2g ~ befo...r9 the -k.]l_)en'l arle C ot;tOj.).: phm. n. ing (X)~_uj.n_issien on March.27. 20¢)_[_a!:fi_r.!l.q..[[.b...em. Llrl_e_C..L)t. Lntv l.)j)a..r(.l o.i_'.~_u_p_erv.is_9_rs_9..n...-.k.p_ril !8. 2001..\ re~j.e~v.5).l_'J.l')q :_!!inu~q_s_Li)..r_L[!.e.S_c.'_n..~e.e..ti.[!L2s n'o.ay_l,e benct)c.'.i~tl to.Q. ATTACHMENT A · , . . : , ';,. ,, ,... .'~.. , . . , , -,.,.~.,~.;...~.~.~ · o'. ~.-...,... ~,~-,~.-/~.. ~,! ., ,, .. ;,. . ,.'."~,?~... "" :";~"""'"'; .'~!'Ho.;v'will th,; ~ropo;~cd special us= af£cct thc charact,'r ol' thc district 'surroundi~g thc propcny? ":'-:' :'"i':'~ ' Describb your .request in numl~ ATTACHMENT A ~ .:./'..:.. ; ." ~: -.. '...........' .'..'.t.'-'~-..;,..._.!...~-.~.: .,~_.' · 7;' ". "?' :':" '?:< : ,~. 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ATTACHMENT A Application for Special Use Permit "Zofing D~ct ~t~ *~n~ O~inance S~fion number requited ('s~ff will ~ist you wi~ ~ items) Number ofac~ to be covered by Spell U~ Permit,r.~,~,~.~ ~. ~ ~ n amendment to an ___!s~ng Sp~al Usc Pe~t. ~Q Nu Are ~u submitting a site dev~opment plan wiOt flt~ appli~fion? ~ NO Owner of land (^, tis,ed in thc County's records): _~-O4'"M~ ~* ~ ~~ . Address t,~ ~~ ~-~--~ ~-.U Cit~~~ State qA2' Zip'~ Daytime Phone (~) ~m- ~ Fax ~ h~ ~5-Z6~- Applicant (who ,s thc contact p~t~cn represcmmg? Who is requesting thc special use?): ' Address q--~'~'qq.'~'l~ CityO_.t~2aJ~'~_~t.~, State ~ Zip ~ Daytime Phone (~) q:"l~,-- 1.t:ct.~_ Fax d~4'a.o~.C~X-["If~"[ E.mait Xax ma.p and parcel ~ O[~_%?Ai~O,.,~.,[, ~ , ._P~Pl[ysical Ad. dress~(ir~it~,d, .... ZZ~tg[ Location of property (ta. dmat~, intcrscctio.l, or omcr)~ ~q'--I~[.~' iDoes thc owner of this property own (or have any ownership interest in) any. abutting property?" If yes. please list those tax map and parcel nUmbers OFFICE USE ONLY Fm amount History: - 401 Mc[ntir¢ Road -:- Dam Paid Check # Receipt ~t ~ V~anccs: Q ~ttcr of Authori~don Cancu~at ~vic~ of Sim Dcvdopm~t PI~? ~ Y~ ~ No Chartattesvil[a, VA 22902 ~- Voice: 296-5832 By: Fax: 9724126 OFFICE USE ONLY Application for Special Use Permit ATTACHMENT A · Zoning District [~- [ 'Zoning Ordinance Section number requested ('staff will a,~ist you wi~ thcsc itcms) Number o£ acres to be covered by Special Use Permit (~r, [ Is this an amendment to an existing Special Use Permit? _~es~ Nu No LAre you submitting a site development plan with dfis application? Owner of land (^s ns,cd i. thc Countyh; recorclsll~~"~ _':--_- = · Address ~"/S ALBta.nv~'~,4~ City O_.~-lly'.~x,a~ll~ State ~/,a. Zip ~ Daytime Phone ( °l~ ) qt~7..- 6{~t~ Fax # E-mail addr:ss~ W~H~. City~t~;l~q~_ State ~ Zip ~ Tax map and parcel'Fl~ ~ :'~mzc..~ "6~' Physical Addr~s tir=:ign~ lDoes the owner of this property own (or t~av-~e any ownership interestj..~ any. abutting property? If yes, please list those tax map and parcel numbers'T~::~ '~a.~._~-DI'TM~tf .Y'a.~r;t,~ ~o'~ OFFICE USE ONLY Fee amount $ Date Paid History: ~'~"pe. cial Ll~e P=mfi,,:? O -..-- Q Variance: Concum:nt revie~ of Site Devdopmcnt Plan? 401 Mclntire Road -'.' .Check ti Receipt/t __ By: ~ ZMAs and ProlTcrs: 121 Latter of Authorization QY,'~ QNo Charlottesville. VA 22902 · .'- Voice: 296-5832 ':- Fax: 9724126 IOFF'ICE USE ONLY ATTACHMENT A Application for Special Use Permit C. ar: ih,,,.., *~ning D~ct ~~ 'Zonin~ Ordinance Section number rcqu~'tcd will ~ist you wi~ ~csc items) qumbcr of nc~ to be covered by Spe~al Use Permit ut · ~ u ~, ~ ~ ~ ~ Is this an amendment to an existing Special Usc Permit? ~¢a7~ No Are you submitting a site development plan with this application? ~YcaC. I No {Address~ ~ ~ ' City~~*~ State ~. Zip~~ Address ~"t5 i~~ ~ City ~'ll'~,~mtlt. State '~/'~, Zip 'KZAo'a~ ] Daytime Phone (tl,..~) ~g,Z.o ~'8'~q Fax # E-mail Ap plicant (who,s thc camac! person representing? Who is r~u~ting thc spcci~ usc?}: ' Address %~T~ ~ City ~~~ State ~ Zip~ Daytime Phone (~) ~t. la~ Fax ~ ~t- ~ E-mail [~Taxmnp and parcel T~ I.{~q., ~g~ {atlD Physical Location o f property (taau,nt~. in~er~,oa~.0r ot,,r) ~"A~ ~'mX hoes the owner of this property own (or have any ownership interest in) any. abutting property7 [f yes, please list lthosc tax ~' '"'"" OFFICE USE ONLY Fcc amount $ Date Paid Check tt Rcccipt# By: Q Variance: Concurrent rcvic~ of Sim Development PI~? ~ Y~ Q No 401 Mci,tim Road O Charlottesville. VA 22902 + %ice: 296-5832 + Fax: 9724126 Application for Special Use Permit /90 . ATTACHMENT A Existing Use~J~tT~ ~ ~.~ ~-~_ --roposed Uic ~ ~ ~ ~/~&~.~~ 'Zoning D~ct ~ '~ning Ordinance Section numb~ requited ('s~ff will ~ist you wi~ ~ it.s) Number of a~ to be co*e~d by Spc~al Use Permit a~ ~. ~ ~ ~ ~ ~ ~tis in am~dment ~ an ~ng Spe~al Use Pe~t3 No · Are ~ou mbmitting a site dc*elopmen[ plan wire ~ appli~on3 ~ No Address 'Z ~a f.~ '~',l u~ '~'~ -~ City Daytime Phone ( ti'~l.k ) q,'"l%- %{~A'7.- Fax #(_~_%tl\{~ll Daytime Phone {(~t~ ) (:~_ ~{~)1~ Fax # E-mail la licant (Who,s'mc contact Who is requcaling the spccim usc?): P P Address ~ r~ ~ City ~a~~,_State ~ ZipZ~:j Daytime Phone ( q~q ) ~t- ~t~ Fax .t~~- 0~ E-mail j Wax map a.nd, parcel T'~ 'T6.~,; ~)~.c e.,~, ~ 15 ~hysicaLikddress {ir~i~,,,l~ ~~ocz thc owner of this propc~y own (or have any ownc~hip interest ~n) m~ abutting those ~ map and p~cel numbers If yes, please list OFFICE USE ONLY F~ amount $ Date Paid ~ V~anccs:- Concu~nt rcvic~ of Sitc Dcvclopm~t 401 Mc[ntir¢ Road + Charlottesville. VA 22902 -:- Voice: 2.96-5832 ':- Fax: 972-4126 ATTACHMENT A March 13, 2003 Lind.say G. Dorrier, Jr., Chairperson County of Albemarle, Virginia Board of Supervisors 401 Mclntire Road Charlottesville, VA 22902 RE: SP-2000-83 ECC To;ver; Tax Map-60, Parcel 30F SP-2000-84 Klockner Stadium: Tax Map 76A, Parcel J3 SP-2000-85 Fan Mountain; Tax Map 109,Parcel 60 SP-2000-86 Bucks Elbow; Tax Map 39,Parcel lB 1 SP-2000-88 Carters Mount'fin; Tax Map 91, Parcel 2B Dear Mr. Dorrier: The Albemarle CounW Board of Supervisors, at its ~neeting on April 18, 2001, unanimously approved the above- noted requests to construct Public Safety Radio Communication Tower Sites at these locations subject to the conditions noted in the attached letters from the Albemarle County Department of Planning and Community Development dated April 25, 2001. As vou know, these tower sites are required for the planned new Regional Public Safety 800 MHz Radio S.mem, which will provide emergency radio communications for the County of Albemarle, City of Charlottesville, University of Virginia. and the Charlottesville/Albemarle Airport. These special use permits ~vere approved separately from the Peters Mountain special use permit application process. The Board of Supervisors granted approval of SP-2001-048 Peters Mountain; Tax Ivlap 50, Parcel 1D at your lanuary 9, 2002 meeting. It was our hope to have cmmnenced construction wifltin the time period reflected for the above special use permits. However, in consideration of the lengthy Virginia Depamneat of Historic Resources Memorandmn of Agreement. Federal Communications Commission (FCC) Environmental Assessment and FCC Licensing processes that needed to be undertaken for the Peters Mountain site as well as the Contract Negotiations Process with Motorola it appears we Mil not be able to mobilize and commence construction at the above referenced sites by April I8. 2003. Therefore, it will be necessary for the Emergency Communications Center to request an extension of the time period required to commence construction of any. structure necessary, to the use of the above permits within two (2) years from the date of issuance. To be able to act upon this request in the time period necessary the Emergency. Communications Center officially requests the Albemarle County Board of Supervisors at their meeting scheduled for March 17, 2003, consider and approve our request to conduct an expedited special use permit application schedule reference our submission and request for an amendment to the above existing Special Use Permits to extend the commenced construction time period by one (1) year to April 18. 2004. A copy of this letter will serve as our official request. Staff from both the Planning & Community Development and Building Code & Zoning Departments has indicated if our request to ex-pedite the application schedule is approved by the Board of Supervisors they will ~vork with ECC staffto meet all legal requirements of the process. If there are any questions or additional information is requested, please feel free to contact myself or Waxqae Campagna, Projects Coordinator for the Emergency Communications Center. Charlottesville - UVA - Albemarle County Emergency Communications Center 2306 Ivy Road · Charlottesville, Virginia 22903 · (804) 970-1098 ATTACHMENT A Sincerely, Thomas A. Hanson Executive Director Attachments ECC Management Board Members ECC 800 MHz Project Committee Members Larry Davis, Albemarle County Attorney V. Wayne Cilimberg, Albemarle County Director of Planning and Community development Amelia G. McCulley, A.I.C.P., Albemarle County Zoning AdminiStrator Stephen Waller, Albemarle County Planning and Community Development Wayne Campagna, Projects Coordinator, ECC ATTACHMENT B COUNTY OF ALBEMARLE Department of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 -4012 Apd125, 2001 Wayne Campagna Project Coordinator Emergency Communication Center 2306 Ivy Road Charlottesville, VA 22902 RE: SP-2000-83 EEC Tower/County (Sign #70); Tax Map- 60, Parcel 30F Dear Mr. campagna: The Albemarle County Board of Supervisors, at its meeting on April 18, 2001, unanimously approved the above-noted request. Please note that this approval is subject to the following conditions: 1. The site development shall be in substantial compliance with the plans titled "ECC Site Plans and Elevations", prepared by Rivanna Engineering, dated 1-23-01; Landscape screening consisting of evergreen and deciduous trees shall be installed alongside and parallel to the Route 250 right-of-way, between the ECC building and the westernmost property line, subject to the approval of the Planning Director or designee; This special use permit shall be contingent upon approval of a variance from provisions set forth in Section 4.10.3.1 of the Albemarle Zoning Ordinance or amendment to this section as proposed by ZTA-01-05; and Prior to beginning construction or installation of the pole or the equipment cabinets, or installation of access for vehicle or utilities a tree conservation plan, developed by a certified arbodst, specifying tree protection methods and procedures and identifying any existing trees to be removed on the site both inside and outside the access easement and lease area shall be submitted to the Director of Planning and Community Development for approval. All construction or installation associated with the pole and equipment building, including necessary access for construction or installation, shall be in accordance with this tree conservation plan. Except for the tree remOVal expressly authorized by the Director of Planning and Community Development, the permittee shall not remove ex,'sting trees within two-hundred (200) feet of the pole and equipment building. A special use-permit amendment shall be required for any future tree removal within the two-hundred (200)-foot buffer, after the installation of the subject facility. In the event that the use, structure or activity for which this special use permit is issued shall not be commenced within eighteen (18) months after the issuance of such permit, the same shall be deemed abandoned and the authority granted thereunder shall thereupon terminate. For purposes of this section, the term "commenced" shall be construed to include the commencement of construction of any structure ATTACHMENT B Page 2 April 25,, 2001 necessary to the use of such permit within two (2) years from the date of the issuance thereof which is thereafter completed within one (1) year. Before beginning this use, you must obtain a zoning clearance from the Zoning Department. Before the Zoning Department will issue a clearance, you must comply with the conditions in this letter. For further information, please call Jan Sprinkle at 296-5875. If you should have any questions or comments regarding the above-noted action, please do not hesitate to contact me. Sincerely, Cc: Amelia McCulley Jack Kelsey Te× Weaver Steve AIIshouse Bob Ball, VDOT COUNTY OF ALBEMAI~E Department &Planning & Community Development .................. '401-[VI~Ih~Fr8 Rb ~i~- l~0-6ffi-Zl~8' Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4012 ATTACHMENT B April 25, 2001 Wayne Campagna Project Coordinator Emergency Communication Center 2306 Ivy Road Charlottesville VA 22902 RE: SP-2000-84 Klockner Stadium/County (Sign #75 and 76); Tax Map 76A, Parcel J3 Dear Mr. Campagna: The Albemarle County Board of Supervisors, at its meeting on April 18, 2001, unanimously approved the above-noted request. Please note that this approval is subject to the following conditions: The site development shall be in substantial compliance with the plans titled "Klockner Stadium", prepared by Harris Corporation, dated 10-18-00, and included as Attachment E (on file in the Clerk's office); This special use permit shall be dontingent upon approval of a variance from provisions set forth in Section 4.10.3.1 of the Albemarle Zoning Ordinance or amendment to this section as proposed by ZTA-01-05; and 3. This special use permit shall be contingent upon approval of ZTA 01'-05. In the event that the use, structure or activity for which this special use permit is issued shall not be commenced within eighteen (18) months after the issuance of such permit, the same shall be deemed abandoned and the authority granted thereunder shall thereupon terminate. For purposes of this section, the term "commenced" shall be construed to include the commencement of construction of any structure necessary to the use of such permit within two (2) years from the date of the issuance thereof which is thereafter completed within one (1) year. Before beginning this use, you must obtain a zoning clearance from the Zoning Department. Zoning Department will issue a clearance, you must comply with the conditions in this letter. information, please call Jan Sprinkle at 296-5875. Before the For further ATTACHMENT B Page 2 ._ApriL25,.2001_ .................. tf you should have any questions or comments regarding the above-noted action, please do not hesitate to contact me. Sincerely, V. Wayne Cilj~nberg /' Director of Planning & Community I~,elopment VWC/jcf Cc: Amelia McCulley Jack Kelsey Tex Weaver Steve AIIshouse Bob Ball, VDOT ATTACHMENT B COUNTY OF ALBEMARLE Department of Planning & Community Development 401 Mclntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4012 April 25, 2001 Wayne Campagna Project Coordinator Emergency Communication Center 2306 Ivy Road Charlottesville, VA 22902 RE: SP-2000-85 Fan Mountain (Sign ~f4~0 and 81); Tax Map 109, Parcel 60 Dear Mr. campagna: The Albemarle County Board of Supervisors, at its meeting on April 18, 2001, unanimously approved the above-noted request. Please note that this approval is subject to the following conditions: 1, The site development shall be in substantial compliance with the plans titled "Fan Mountain Site Plan and Elevations", prepared by Rivanna Engineering, dated 1-23-01; and Prior to beginmng construction or installation of the pole or the equipment cabinets, or installation of access for vehicle or utilities, a tree conservation plan, developed by a certified arborist, specifying tree protection methods and procedures and identifying any existing trees to be removed on the site both inside and outside the access easement and lease area shall be submitted to the Director of Planning and Community Development for approval. All construction or installation associated with the pole and equipment building, including necessary access for construction or installation, shall be in accordance with this tree conservation plan. Except for the tree removal expressly authorized by the Director of Planning and Community Development, the permittee shall not remove exlsting trees within two-hundred (200) feet of the pole and equipment 43uilding. A special use permit amendment shall be required for any future tree removal within the two-hundred (200)-foot buffer, after the installation of the subject facility. In the event that the use, structure or activity for which this special use permit ~s .issued shall not be commenced within eighteen (18) months after the issuance of such permit, the same shall be deemed abandoned and the authority granted thereunder shall thereupon terminate. For purposes of this section. the term "commenced" shall be construed to include the commencement of construction of any structure necessary to the use of such permit within two (2) years from the date of the issuance thereof which is thereafter completed within one (1) year. Before beginning this use, you must obtain a zoning clearance from the Zoning Department. Before the Zoning Department will issue a clearance you must comply with the conditions in this letter. For further information, please call Jan Sprinkle at 296-5875. ATTACHMENT B Page 2 April 25, 2001 If you should have any questions or comments regarding the above-noted action, please do not hesitate to contact me. Sincerely, ,., / g Director of Planning &{Community/Development Cc: Amelia McCull~ Steve AIIshouse Jack Kelsey Bob Bail, VDOT Tex Weaver r ATTACHMENT B COUNrY OF ALBEMARLE Dcp.artmcnt of Planning & Community Development 401 Mclntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4012 April 25, 2001 ?- Wayne Campagna Project Coordinator Emergency Communication Center 2306 IW Road Charlottesville, VA 22902 RE: SP-2000-86 Bucks Elbow/County (Sign/f~3 and 84); Tax Map 39, Parcel 1Bt Dear Mr, campagna: The Albemarle County Board of Supervisors, at its meeting on April 18, 2001, unanimously approved the above-noted request. Please note that this approval is subject to the following conditions: 1. The site development shall be in substantial compliance with the plans titled "Bucks Elbow Mountain Site Plan and Elevations", prepared by Rivanna Engineering, dated 1-23-01; and Prior to beginning construction or installation of the pole or the equipment cabinets, or installation of access for vehicle or utilities, a tree conservation plan, developed by a certified arborist, specifying tree protection methods and procedures and identifying any existing trees to be removed on the site both inside and outside the access easement and lease area shall be submitted to the Director of Planning and Community Development for approval. All construction or installation associated with the pole and equipment building, including necessary access for construction or installation, shall be in accordance with this tree conservation plan. Except for the tree removal expressly authorized by the Director of Planning and Community Development, the permittee shall not remove existing trees within two-hundred (200) feet of the pole and equipment building. A special use permit amendment shall be required for any future tree removal within the two-hundred (200)-foot buffer, after the installation of the subject facility. In the event that the use, structure or activity for which this special use permit is issued shall not be commenced within eighteen (18) months after the issuance of such permit, the same shall be deemed abandoned and the authority granted thereunder shall thereupon terminate. For purposes of this section, the term "commenced" shall be construed to include the commencement of construction of any structure necessary to the use of such permit within two (2) years from the date of the 'issuance thereof which is thereafter completed within one (1) year. Before beginning this use, you must obtain a zoning clearance from the Zoning Department. Before the Zoning Department will issue a clearance, you must comply with the conditions in this letter. For further information, please call Jan Sprinkle at 296-5875. ATTACHMENT B Page 2 Apdl 25, 2001 If you should have any questions or comments regarding the above-noted action, please do not hesitate to contact me. Sincerely, &~ Director of Planning el0pment Cc: Amelia McCulle~..~~× Jack Kelsey Tex Weaver Steve AIIshouse Bob Ball, VDOT ATTACHMENT B COUNTY OF ALBEMARLE Department of Planning & Community Development 401 M¢Intir¢ Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4012 April 25, 2001 Wayne Campagna Project Coordinator Emergency Communication Center 2306 Ivy Road Charlottesville, VA 22902 RE: SP-2000-88 Carters Mountain/County (Sign #94 and 96); Tax Map 9'1, Parcel 28 Dear Mr. Campagna The Albemarle County Board of Supervisors, at its meeting on April 18, 2001, unanimously approved the above-noted request. Please note that this approval is subject to the following conditions: The site development shall be in substantial compliance with the plans titled "Carters Mountain Site Plan and Elevations", prepared by Rivanna Engineering, dated 1-23-01; and Prior to beginning construction or installation of the pole or the equipment cabinets, or installation of access for vehicle or utilities, a tree conservation plan, developed by a certified arborist, specifying tree protection methods and procedures and identifying any existing trees to be removed on the site both inside and outside the access easement and lease area shall be submitted to the Director of Planning and Community Development for approval. All construction or installation associated with the pole and equipment building, including necessary access for construction or installation, shall be in accordance with this tree conservation plan. Except for the tree removal expressly authorized by the Director of Planning and Community Development, the permittee shall not remove exit_ting trees within two-hundred (200) feet of the pole and equipment building. A special use permit amendment shall be required for any future tree removal within the' two-hundred (200)-foot buffer, after the installation of the subject facility. In the event that the use, structure or activity for which this special use permit is issued shall not be commenced within eighteen (18) months after the issuance of such permit, the same shall be deemed abandoned and the authority granted thereunder shall thereupon terminate. For purposes of this section. the term "commenced" shall be construed to include the commencement of construction of any structure necessary to the use of such permit within two (2) years from the date of the issuance thereof which is thereafter completed within one (1) year, Before beginning this use, you must obtain a zoning clearance from the Zoning Department. Zoning Department will issue a clearance, you must comply with the conditions in this letter. information, please call Jan Sprinkle at 296-5875. Before the For further ATTACHMENT B Page 2 April 25, 2001 If you should have any questions or comments regarding the above-noted action, please do not hesitate to contact me. Sincerely, vwc/jcf Cc: Amelia McCulley Jack Ketsey Tex Weaver Steve Allshouse Bob Ball, VDOT Development ATTACHMENT D VIRGINIA March 17, 2003 V. Wayne Cflimberg Director of Planning and Community Development County of Albemarle 401 Mchatire Road Charlottesville, Virginia 22902 Subiect: Special Use Permits (SP-2000-83, 85, 86 & 88) for the Regional 800 MHz Public Safety Radio Project / Development of Tree Conservation Plan(s). Dear Wayne, Enclosed for your review and approval are the tree conservation plans and or comments developed by Mr. Dave Rosene a certified arborist employed by the Van Yahres Tree Company located here in Charlottesville, Virginia. Evaluation and assessment were accomplished as the result of site visits to the planned tower sites at the Emergency Communications Center (SP-2000-83), Fan Mountain (SP-2000-85), Bucks Elbow Mountain (SP-2000-86) and Carter's Mountain (SP- 2000-88) on March 10, 2003. This information is being submitted to you as required by the conditions of approval as stated in your letters dated April 25, 2001 for the above special use permits. If there are any questions please let me know. Sincerely Wayne S. Campagna Projects Coordinator Cc: Tom Hanson, Director Attachments: Charlottesville - bWA - Albemarle County Emergency Communications Center 2306 ivv Road, Charlottesville, Virg/nia 22903 (804) 971-1022 ATTACHMENT D VAN YAHRES Emergency Communication Center ['REE COMPANY 2306 Ivy Road Charlottesville, VA 22903 Attn: Wayne Campagna March 12, 2003 Dear Mr. Campagna, After visiting the tower site at Fan Mountain, and examining the site plans, it appears that there will be minimal impact on the surrounding trees..The only tree that is close to the tower site is an existing Pine. It is well away from the actual construction ZOne and installation should have no effect on the tree. All work for the tower will be donewithin the eXisting tower site, and from an existing access corridor. No tree conservation is required. If you have any further questions please contact me at 434-982-8733. Sincerely, Dave Rosene Certified Arborist an Yahres Tree Company )~'~en Avenue h~k~sville, Virginia 22902 34.982,8733 ix 434.971.2958 ww, vy~c.cofll COUNTY OF ALBEMARLE Department of Planning & Community Development 40 l Mclntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 April 16, 2003 Wayne Campagna E911 Coordinator 2306 Ivy Road Charlottesville, VA 22903 RE: SP-03-21 Bucks Elbow Mountain/County of Albemarle Tax Map 39, Parcel 1B1 Dear Mr. Campagna: The Albemarle County Planning Commission, at its meeting on April 15, 2003, by a vote of 6:0, recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: The site development shall be in substantial compliance with the plans titled "Bucks Elbow Mountain Site Plan and Elevations", prepared by Rivanna Engineering, dated 1-23-01; and Prior to beginning construction or installation of the pole or the equipment cabinets or installation of access for vehicle or utilities, a tree conservation plan, developed by a certified arborist, specifying tree protection methods and procedures and identifying any existing trees to be removed on the site both. inside and outside the access easement and lease area shall be submitted to the Director of Planning and Community Development. for approval. All construction or installation associated with the pole and equipment building, including necessary access for construction or installation, shall be in accordance with this tree conservation plan. Except for the tree removal expressly authorized by the Director of Planning and Community Development. the permittee shall not remove existing trees within two-hundred (200) feet of the pole and equipment building. A special use permit amendment shall be required for any future tree removal within the two-hundred (200)-foot buffer, after the installation of the subject facility. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me (434) 296-5823 ext. 3385. Sincerely, Stephen Waller, AICP Senior Planner sw/jcf Cc: Ella Carey Jack Kelsey Amelia McCulley Steve Allshouse COUNTY OF ALBEMARLE Departm~t of Planning & Community Development 401 Mclntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296- 5823 Fax (434) 972 - 4012 April16,2003 Wayne Campagna E911 Coordinator 2306 Ivy Road Chadottesville, VA 22903 RE: SP-03-22 Carters Mountain Crown Orchard - Extension Tax Map 91, Parcel 28 Dear Mr. Campagna: The Albemarle County Planning Commission, at its meeting on April 15, 2003, by a vote of 6:0, recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1. The site development shall be in substantial compliance with the plans titled "Carters Mountain Site Plan and Elevations", prepared by Rivanna EngIneering, dated 1-23-01 and last revised March 27, 2003; and, 2. Prior to beginning construction or installation of the pole or the equipment cabinets, or installation of access for vehicle or utilities, a tree conservation plan, developed by a certified arborist, specifying tree protection methods and procedures and identifying any existing trees to be removed on the site both inside and outside the access easement and lease area shall be submitted to the Director of Planning and Community Development for approval. All construction or installation associated with the pole and equipment building, including necessary access for construction or installation, shall be in accordance with this tree conservation plan. Except for the tree removal expressly authorized by the Director of Planning and Community Development, the permittee shall not remove existing trees within two-hundred (200) feet of the pole and equipment building. A special use permit amendment shall be required for any future tree removal within the two-hundred (200)-foot buffer, after the installation of the subject facility. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me (434) 296-5823 ext. 3385. Sincerely, Stephen Waller, AICP Senior Planner SW/jcf Cc: Ella Carey Amelia McCulley Jack Kelsey Steve Allshouse April 16, 2003 COUNTY OF ALBEMARLE Departmerlt of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 o 5823 Fax (434) 972 - 4012 Wayne Campagna E911 Coordinator 2306 Ivy Road Charlottesville~ VA 22903 RE: SP-03-23 ECC Tower/UVA Extension Tax Map 60, Parcel 30F Dear Mr. Campagna: The Albemarle County Planning Commission, at its meeting on April 15, 2003, by a vote of 5:1. recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1. The site development shall be in substantial compliance with the plans titled "ECC Site Plans and Elevations", prepared by Rivanna Engineering, dated 1-23-01; 2. Landscape screening consisting of evergreen and deciduous trees shall be installed alongside and parallel to the Route 250 right-of-way, between the ECC building and the westernmost property line. subject to the approval of the Planning Director or designee; and, 3. Prior to beginning construction or installation of the pole or the equipment cabinets, or installation of access for vehicle or utilities, a tree conservation plan. developed by a certified arbodst, specifying tree protection methods and procedures and identifying any existing trees to be removed on the site both inside and outside the access easement and lease area shall be submitted to the Director of Planning and Community Development for approval. All construction or installation associated with the pole and equipment building, including necessary access for construction or installation shall be in accordance with this tree conservation plan. Except for the tree removal expressly authorized by the Director of Planning and Community Development, the permit'tee shall not remove existing trees within two-hundred (200) feet of the pole and equipment building. A special use permit amendment shall be required for any future tree removal within the two-hundred (200)-foot buffer, after the installation of the subject facility. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me (434) 296-5823 ext. 3385. Sincerely, Stephen Waller, AICP Senior Planner Cc: Ella Carey Jack Kelsey Amelia McCulley Steve AIIshouse COUNTY OF ALBEMARLE Departmeqt of Planning & Community Development 401 Mclntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 0-3:50 April 16, 2003 Wayne Campagna E911 Coordinator 2306 Ivy Road Charlottesville, VA 22903 RE: SP-03-24 Fan Mountain/UVA Extension Tax Map 109, Parcel 60 Dear Mr. Campagna: The Albemarle County Planning Commission, at its meeting on April 15, 2003, by a vote of 6:0, recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1. The site development shall be in substantial compliance with the plans titled "Fan Mountain Site Plan and Elevations". prepared by Rivanna Engineering, dated 1-23-01, last revised on March 27, 2003: and, 2 Prior to beginning construction or installation of the pole or the equipment cabinets, or installation of access for vehicle or utilities, a tree conservation plan developed by a certified arborist, specifying tree protection methods and procedures and identifying any existing trees to be removed on the site both inside and outside the access easement and lease area shall be submitted to the Director of Planning and Community Development for approval. All construction or installation associated with the pole and equipment building, including necessary access for construction or installation, shall be in accordance with this tree conservation plan. Except for the tree removal expressly authorized by the Director of Planning and Community Development. the permittee shall not remove existing trees within two- hundred (200) feet of the pole and equipment building. A special use permit amendment shall be required for any future tree removal within the two-hundred (200)-foot buffer, after the installation of the subject facility. If you should have any questions or comments regarding the above noted action please do not hesitate to contact me (434) 296-5823 ext. 3385. Sincerely, Senior Planner Cc: El|ra~-Ocare.y Amelia McCulley Jack Ketsey Steve AIIshouse April 16, 2003 COUNTY OF ALBEMARLE Department o¢ Planning & Community Development 401 Mc[ntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 Wayne Campagna E911 Coordinator 2306 Ivy Road Charlottesville, VA 22903 RE: · SP-03-25 Klockner Stadium/UVA Extension Tax Map 76A, Parcel J3 Dear Mr. Campagna: The Albemarle County Planning Commission, at its meeting on April 15, 2002, by a vote of 6:0, recommended approval of the abovemoted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1. The site development shall be in substantia compliance with the plans titled "Klockner Stadium", prepared by Harris Corporation, dated 10-18-00. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me (434) 296-5823 ext. 3385 Sincerely, Stephen Waller, AICP Senior Planner .Cc: Ella Carey Jack Kelsey Amelia McCulley Steve AIIshouse / / / ,/ Revisions: NO, DESCRIP~,ON DATE ~ z ~qheel. Xo: w:e ~rcoosec i ~>00 0 ~00 400 800 ,'.'.'.'.'. ~CAL~: 1~~ RO0' o o E-~ 0 Sheet .~o: _) ~',lYqdS,LIS NI¥-,LK'."IOf'~. ~.~2,L~¥3'~2.~..,; COUNTY OF ALBEMARLE EXECUTIVE SUMMARY 04-16-0~x 02:24 iN AGENDA TITLE: FY04 Adopted Budget SUBJECT/PROPOSAL/REQUEST: Request Adoption of FY04 Operating and Capital Budgets. STAFF CONTACT(S): Mr. Tucker, Ms. White AGENDA DATE: April 16, 2003 ACTION: X CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY: BACKGROUND: Yes ITEM NUMBER: INFORMATION: IN FORMATION: Based on issues raised at last week's public hearing, the attached sheet presents four different funding scenarios for the Board's consideration and final adoption of the FY04 Operating and Capital Budgets. This material supplements the executive summary that was sent out last week, which reflected the proposed budgets for all funds. All four scenarios have the same bottom line Adopted Budget of $218,102,468, but reflect changes between several additional funding options and the final Board's reserve. DISCUSSION: On the attachment, the Base Scenario is different from what you were previously sent by an additional $83,752 in additional 599 revenues that we just learned about, although offset by additional audit costs of $30,435, a result of the RFP for a new auditing firm and new audit contract. Scenario A is the base scenario with an additional $2,259 to restore funding to The Shelter for Help in Emergency's (SHE) Community Education and Training Program. This amount is added to the Human Development function and subtracted from the Board Reserve. Scenario B is the base scenario plus $35,000 for the Jefferson Madison Regional Library with a recommendation that the Library Board use $25,000 of their $79,263 in FY99 and FY00 AIbemade County carry-over funds to cover their shortfall of approximately $60,000. Albemade's share of the Bookmobile cost is $45,799, so they should be able to maintain the Bookmobile using a combination of recurring and one-time funds. The $35,000 contribution is subtracted from the Board's Reserve Fund. Scenario C funds both the $35,000 for the Library and $2,259 for the Shelter for Help in Emergency and reduces the Board's Reserve by the same amount. The following information is presented in response to the Board's questions on Tax Relief for the Elderly and Disabled: To qualify for the Tax Relief program, the maximum limits set by State Code are $50,000 for income and $100,000 in assets. The County's current policy adopted by the Board in September, 2000 sets the maximum income limit at $25,000 with graduated exemptions ranging from 10% to 100% and net worth at $75,000. Previous to this revision, the income limits had been $22,000 and net worth at $75,000. At the time of this revision in FY01, the deferred revenue for this program totaled $150,000. The actual deferred revenue for FY02 was about $179,000, so the increased limits set in 2000 had a minimal impact on deferred tax payments for the County. AGENDA TITLE: AGENDA DATE: Page 2 of 2 FY04 Adopted Budget April 16, 2003 Since the deadline for renewals for tax exemption is April 1, staff would recommend that if the Board wishes to reconsider revising the limits upwards, a revised ordinance could become effective on January 1" for the 2004 tax year. This timeframe would allow staff to come back to you with some deferred revenue estimates this summer and then hold a public headng for the proposed exemption in the fall. Since the 2004 tax year deferment would affect the June 2004 collection for the FY04 fiscal year, there would be a half-year dollar impact on FY04 revenues. Delaying any revision until January would also allow staff to look at revised revenue estimates for the FY04 budget year to determine if additional revenues would be available for an additional tax deferment for the elderly and disabled. If the Board is interested in pursuing a more aggressive tax relief program, staff will conduct an analysis of the program and the revenue impact of various deferral levels and report back to the Board this su miner for potential implementation in January, 2004. RECOMMENDATION: Request approval of the FY04 Operating and Capital Budget of $218,102,468 based on one of the four funding scenarios presented above. 03:052 Base Scenario Includes an additional $83,752 in State 599 revenue and $30,435 in audit expenditures. These changes are based on revised revenue and expenditure projections received since the executive summary was sent out. FY 2004 Adopted Judicial $ Public Safety $ Engineering and Public Works $ Human Development (including PVCC) $ Parks, Recreation, and Cultural $ Community Development $ Refunds $ City/County Revenue Sharing $ Capital Improvements Budget $ Stormwater Improvements $ General Government Debt Service $ Education - Debt Service $ Education - School Operations $ Education - Self-Sustaining Funds $ Special Revenue Fund Operations $ Less: Inter-fund Transfers $ TOTAL $ 2,676,090 17,267,181 4,163,607 11,678,353 4,432,874 4,477,869 92,1 O0 7,726,021 22,596,000 300,000 2,008,667 10,184,954 104,083,034 11,605,153 14,520,481 (7,489,137) 218,102,468 NOTE: Highlighted items represent changes from the executive summary Scenario A Base scenario plus $2,259 for Shelter for Help in Emergency. This amount will restore the cut to the Education and Training Program. Judicial $ Public Safety $ Engineering and Public Works $ Parks, Recreation, and Cultural $ Community Development $ Refunds $ City/County Revenue Sharing $ Capital Improvements Budget $ Stormwater Improvements $ General Govern men t Debt Service Education - Debt Service Education - School Operations Education - Self-Sustaining Funds Special Revenue Fund Operations Less: Inter-fund Transfers TOTAL FY 2004 Adopted 2,676,090 17,267,181 4,163,607 4,432,874 4,477,869 92,100 7,726,021 22,596,000 300,000 $ 2,008,667 $ 10,184,954 $ 104,083,034 $ 11,605,153 $ 14,520,481 $ (7,489,137) $ 218,102,468 04/16/2003 Page 1 Scenario B Base scenario plus $35,000 for Jefferson-Madison Regional Library. Staff recommends that the remainder required to fund the Bookmobile (approximately $25,000) be funded from the Library's reserve fund. FY 2004 Adopted Judicial $ 2,676,090 Public Safety $ 17,267,181 Engineering and Public Works $ 4,163,607 Human Development (including pVCC). $ 11,678,353 Community Development Refunds City/County Revenue Sharing Capital Improvements Budget Stormwater Improvements General Government Debt Service Education - Debt Service Education - School Operations Education - Self-Sustaining Funds Special Revenue Fund Operations Less: Inter-fund Transfers Board Contingency Reserve TOTAL $ 4,477,869 $ 92,100 $ 7,726,021 $ 22,596,000 $ 300,000 $ 2,008,667 $ 10,184,954 $ 104,083,034 $ 11,605,153 $ 14,520,481 $ (7,489,137) $ 179,015 $ 218,102,468 Scenario C Base scenario plus $2,259 for Shelter for Help in Emergency and $35,000 for the Jefferson-Madison Regional Library. FY 2004 Adopted ,Adm,!;'.n..'i!~ti~&h.',',.'..;ii:.','.'.';, ......:,, ,..."..,. ..... ::.".;..:,:.:....:$. ~i!,.:'"?,'.....~.';;;7..i5'65,i206.: Judicial $ 2,676,090 Public Safety $ 17,267,181 Engineering and Public Works $ 4,163,607 Community Development Refunds City/County Revenue Sharing Capital Improvements Budget Stormwater Improvements General Government Debt Service Education - Debt Service Education - School Operations Education - Self-Sustaining Funds Special Revenue Fund Operations Less: Inter-fund Transfers Board Contingency Reserve TOTAL 4,477,869 92,100 7,726,021 22,596,000 3OO,OOO 2,008,667 10,184,954 104,083,034 11,605,153 14,520,481 (7,489,137) 176,756 $ 218,102,468 04/16/2003 Page 2 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Adoption of the FY 2003/2004 Operating and Capital Budgets and Approval of the FY 2003/04 - FY 2007/08 Capital Improvement Program SUBJ ECT/PROPOSAL/REQU EST: Request Board Adoption of the FY 2003/2004' Operating and Capital Budgets and Approval of the FY 2003/04 - FY 2007/08 Capital Improvement Program STAFF CONTACT(S): Mr. Tucker, Ms. White AGENDA DATE: April 16, 2003 ACTION: X ITEM NUMBER: INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: REVIEWED BY: Yes BACKGROUND: On April 9th, a public hearing was held on the Board of Supervisors' proposed FY 2003/2004 Operating Budget and the proposed FY 2003/04 - FY 2007/08 Capital Improvement Program. DISCUSSION: FY' 2004 Budget The FY 2003/2004 Operating and Capital Budgets total $218,018,716. Attachment A summarizes the changes made to the County Executive's Recommended Budget. Column A reflects the FY 2003/2004 County Executive's Recommended Budget. Column B reflects the FY 2003/2004 Board of Supervisor's Proposed Budget and includes the $1,395,721 increase made during the Board's work sessions. Column C includes additional adjustments made since the work sessions and increases the County's General Fund by an additional $101,843; the School Division Budget by an additional $89,583, and the Capital Budget by an additional $700,000, for a total additional increase of $891,426. The $101,843 increase to the County's General Fund expenditure budget includes $16,705 to fund the 2.25% salary increase for constitutional officers included in the revised State budget, $12,500 for JABA for the Mountainside Senior Assisted Living Center approved at the April 2, 2003 Board meeting, an additional $84,385 designated to the Board's Contingency reserve for a total reserve of $160,698, a decrease of $19,623 for Offender Aid Restoration (OAR) resulting from their receipt of State funds, and $7,876 of other adjustments detailed on Attachment A. County General Fund revenues increased by $101,843 due to revised constitutional officer reimbursement estimates from the State. This brings the total County General Fund Budget to $146,180,207. The $89,583 increase to the School Division Budget includes a $142,093 increase in State revenue for salary adjustments and a decrease of $52,510 in local funds for the Human Resources Media Center, which will now be funded in the County General Fund. This brings the total School Division Budget to $115,688,187, including $104,083,034 for School Fund Operations and $11,605,153 for Self-Sustaining Fund Operations. The $700,000 increase to the FY 2003/2004 Capital and Debt Service Budgets is for State Technology Grant funding that the County has received for several years and expects to receive again in FY 2004. This increase brings the total FY 2003/2004 Capital and Debt Service Budget to $35,692,490, including $12,817,000 for General Government projects (including ACE), $9,779,000 for School Division projects, $300,000 for Stormwater projects, and $12,796,490 for School and General Government Debt Service. The total budget for all Special Revenue Fund Operations is $14,520,481. The attached resolution (Attachment B) formally approves the total proposed expenditures of $218,018,716 for FY 2OO3/2OO4. AGENDA TITLE: Adoption of the FY 2003/2004 Operating and Capital Budgets and Approval of the FY 2003/04 - FY 2007/08 Capital Improvement Program DATE: April 16, 2003 Page 2 of 2 FY 2003~04 - FY 2007/08 Capital Improvement Program The proposed FY 2003/04 - FY 2007~08 Capital Improvement Program totals $116,640,000. It includes a total of $15,635,000 for public safety projects, $5,520,000 for public works projects, $7,513,000 for community development projects, $260,000 for human development projects, $6,380,000 for courts and judicial projects, $10,521,000 for parks and recreation projects, $3,831,000 for technology and GIS projects, $10,729,000 for library projects, $2,200,000 for Acquisition of Conservation Easements (ACE), $2,350,000 for the Stormwater Drainage program, and $51,701,000 for school division projects. RECOMMENDATION: Attachments A and B reflect changes made to the FY 2003/2004 Proposed Operating and Capital Budgets prior to the public hearing held on April 9. As a result of items raised at the public hearing, additional budget scenarios that include additional funds for the Regional Library and Shelter for Help in Emergency will be provided for Board consideration before the April 16 Board meeting. InformatiOn will also be provided on the Tax Relief for the Elderly & Disabled Prog ram and the process for revising the exemption levels. If the Board has no additions or deletions, staff requests adoption of the FY 2003/2004 Operating and Capital Budgets based on one of the funding scenarios. Staff also requests approval of the FY 2003/04 - FY 2007/08 Capital Improvement Program as detailed above. 03.051 Attachment A Board of Supervisors FY 2004 Operating~and Capita ~ Budgets Proposed Changes from Recommended Budget GENERAL FUND EXPENDITURES (A) · (B) .. (C) FY 2000 Recommended FY 2004 PropOsed proposed.. Changes for Board of Supervisors' Proposed Fundin~l Chanties : Budget 'Budget Adoption · Administration 7,528,427 Set-up and supply costs for 2 new polling places (Registrar) 4,641 HR Salary Adjustment 1,703 Sub-total, Administration 7,533,068 7,534,771 Judicial 2,659,385 Constitutional Officer Salaries 16,70~ Sub-total, Judicial 2,659,385 2,676,090 Public Safety 17,029,186 Scottsviile Rescue Squad - 3.0 Medics 165,000 Seminole Trail VFD 30,000 OAR - Drug Court and PAPIS 55,968 Revised Amount for OAR -19,623 ECC - revised funding 6,65~ Sub-total, Public Safety '17,280,154 t7,267,181 Engineering & Public Works 4,089,055 Groundwater Program Manager 74,552 Sub-total, Engineering & Public Works 4,163,607 4,163,667 Fluman Development & Education 11,693,627 BrigtYt Stars (salary adjustment for teachers) 7,226 JAUNT (eliminate Big Blue service- use to offset CTS Rt. 5) -35,000 JABA 12,500 Sub-tota], Human Development & Education 11,665,853 tl,678,353 Parks and Recreation 4,432,874 Sub-total, Parks, Recreation & Culture 4,432,874 4,432,874 Community Development 4,260,728 Master ~en 100,000 Historic Prese~ation Planner 59,491 Adjust Cost of Historic Presentation Planner -477 CTS Route 5 - Expanded Headway 56,627 Soil & Water Conservation (salary adjustment) 1,600! Sub-total, Community Devalopment 4,478,346 4,477,869 Non-Departmental Refunds 92,100 Total, Generai Government Operations ..... 51,7~,,3'~2' ' 52,305,387 s2,322,005 C'~y Revenue Sharing 7,726,02 1! Subtotal, Revenue Sharing 7,726,02t 7,726,021 Capital Improvement & Debt Service Transfers 16,642,1701 Increase Trensfer to ClP for ACE (~1 Fund) 450,000 Sub-total, Capital & DS Transfers t7,092,170 17,092,170 Transfers for School Operations 68,411,973 Increase Transfer to Schools (60% of New Local Tax Revenue) 466,500 Sub-total, Transfer for Schcel Operations 68,878,473 68,878,4731 Board Contingency Reserve 117,097 Resa~ve Adjustment, Adopted 64,385I Subtotal, Contingency Resewe 76,313 160,698! ~ 'COUN¥¥EXECUTIVE'S'RECOMMi=NDED~BUDGET · ...... ' 144,682,643 ~ ~ . . FY2004 PROPOSED OPERATING 'BUDGET.EXPENDITURES ~ GENERAL FUND '146,078,364 .' FY2004 ADOPTED OPERATING BUDGET. EXPENDITURES -.GENERAL'FUND. " .146,1'80,207 03-051.c. xls Page 1 of 2 Printed 4110103 4:07 PM