HomeMy WebLinkAbout2003-10-15 ACTIONS
Board of Supervisors Meeting of October 15, 2003
AGENDA ITEM/ACTION
........ October'16,'200~
ASSIGNMENT
1. Call to Order.
· Meeting was called to Order at 6:00 p.m., by the Chairman, Mr.
Dorrier. All BOS members were present. Also present were
Robert Tucker, Larry Davis, David Benish and Georgina Smith.
4. From the Public: Matters Not Listed on the Agenda,
,, There were none.
5.2 Designate Sally Thomas as Albemarte's Voting Delegate and
Walter Perkins as Alternate Delegate for the 2003 Virginia
Association of Counties 0/AC, O) Annual Business Meeting.
· DESIGNATED Sally Thomas as Aibemarle's Voting Delegate.
· DESIGNATED Waiter Perkins as Alternate Delegate.
5.3 Set public hearing for November 5, 2003 to consider proposed
Ordinance to Amend County Code, Chapter 15, Taxation, Sec
15-101, Payment of administrative costs and collection of fees.
· SET public hearing for November 5, 2003.
6. PUBMC HEARiNG'on FY 2003 Budget Amendment.
· APPROVED the FY 2003 Budget Amendment in the amount of
$604,587.26.
APPROVED Appropriation #2003079 to provide funds for FY03
over-expenditures.
SP-2002-080.. James E..Shifflett B.rid.qe Replacement (Si.qn
· APPROVED SP-2002-080, by a vote of 6:0, subject to 2
conditions.
8. SP-2003-049. Glenwood Station ¢SiQn
APPROVED SP-2003-049, by a vote of 5:0, subject to 5
conditions.
9, SP-2003-057. Kevin Quick (Si.~n #931.
· APPROVED SP-2003-057, by a vote of 6:0, as presented.
10. SP-2003-060. Gmenwqo. d Country Store,. Gift, Craft &
Antic~ue ¢Sian ~48i.
APPROVED SP-2003-36, by a vote of 6:0, subject to 2
conditions.
Clerk: Mail form to Jim Campbell at VA(~O.
clerk: Advertise public headng,
Clerk: Forward signed appropriation forms to
Melvin Breeden and copy appropriate persons.
clerk: set out conditions of approval. (Attachment
1)
Clerk: Set out conditions of approval. (Attachment
1)
Clerk: Set out conditions of approval. (Attachment
1)
11. Update on Albemarle Place issues.
* RECEIVED.
12. From the Board: Matters Not Listed on the Agenda.
· Ms. Thomas suggested staff encourage citizens to attend the
Planning Commission's public hearings on the Subdivision
Ordinance.
· Mr. Perkins brought up the issue of tolls on 1-81 to raise funds
for road improvements. He feels that if tolls are put on one road
then the same process should apply ,to all roads.
21. Adjourn.
· At 7:30 p~m., the meeting wa..s adj0umed.
/gas
Attachment 1 - Planning Conditions of Approval
Attachment I
CONDITIONS OF APPROVAL
Agenda Item No. 7. ~P-2002-080. r James ,E. Shifflett Brid,qe Replacement (Si_en #46). Public
hearing on a request to allow replacement of a Iow-water crossing with a bridge in accord w/Sec
30.3.05.2.1.2 of the Zoning Ord. TM 7, P 57, contains 15.137 acs. Loc on Rt 628 (Simmons Gap Rd)
approx 0.2 miles from the point where Rt 628 crosses the Greene County line. Znd RA & FH. White Hall
Dist.
1. Engineering Department approval of a mitigation plan for repair and enhancement of the stream
buffer. This plan shall include removal of the existing Iow-water crossing; and
2. The applicant shall complete construction of the bridge as described in the report prepared by
John Davis, PE, and dated August 4, 2003, and implement the mitigation plan within four (4)
months of the date of approval of this permit.
Agenda Item No. 8. SP-200.3-049. G.lenwood Station {Sign #t). Public headng on a request to
allow professional offices as pert of a mixed-use development, pursuant to Sec 18.2.2.11 of the Zoning.
TM 61 P 129F, contains 9.31 acs. Znd R-15. Loc on Rt 631 (E Rio Rd), approx I mile from intersec of E
Rio Rd & Rt 29N, between Shoppers Wodd Mall & Squire Hill Apartments. Rio Dist.
The site shall be developed in general accord with the concept plan entitled,
Conceptual Development Plan Gienwood Station/Place, dated July 11, 2003 with minor
changes allowed to accommodate the required parking when approved by the Zoning
Administrator;
Final elevations of the office buildings shall be reviewed and approved by the Director
of Planning pdor to final site plan approval to ensure consistency with the elevations
provided herein, dated AuguSt 25, 2003;
The Applicant shall construct, in its entirety, a second commemiai entrance to their
property from the Mall Access Road in general accord with the concept plan entitled,
Conceptual Development Plan Glenwood Station/Place, dated July 11, 2003. Should
the County Engineer decide in the future that, for reasons associated with new
development on the Fashion Square Mall property, the entrance should be restricted,
said entrance shall be converted, by the Applicant, present owner or owner's
association into an emergency means of ingress/egress-only by way of installation of
gates, bollards or other device. Sidewalks shall be provided along the entire Mall
Access Road frontage;
The office buildings shall have a thirty foot (30~) front setback and a ten foot (107
parking setback from Rio Road, as well as a fifty (50~ structure, twenty foot (20')
parking and twenty foot (20') undisturbed buffer adjoining the Squire Hill development
to the south; and
Prior to final site plan approval of the first office building, the applicant shall submit, for
VDOT review and approval, a highway capacity manual analysis of the entrance on Rio
Road.
Agenda Item No. 10. SP-2003-060. Greenwood Country Store, Gift, Craft & Antique (Sign
#48). Public hearing on a request to allow a gift, craft & antique store in an existing structure, in accord
w/Sec 10.2.2(36) of the Zoning Ord. TM 54, P 55, contains .537 acs. Znd PA. Loc on Rt 690 (at 7572
Greenwood Station Rd), approx 200 feet E of Rt 690/Rt 691 intersec. White Hall Dist.
1. Parking shall be configured as shown on the concept plan in Attachment A, labeled Greenwood
Country Store Concept Plan Revised SP-03-6~3, and dated September 2003; and
2. Hours of operation shall not exceed Sunday through Saturday, 7:00 a.m. to 8:00 p.m.
2
Voting Delegate:
(Supervisor)
Name
Title
Locality
Alternate Delegate:
(Supervisor)
Name
Title
Localiby
Certified by:
(Clerk of the Board)
Nmue
Title
Locality
VACo 2003 Annual Meeting
Voting Credentials Form
Sa!iy H'. Thomas
Supervisor,. Board of County Supervisors -.
Albemarle County
Walter F~ Perkins
Supervisor, Board of County Supervisors
Albemh~le ~onnty.-
Ella W. Care¥
Clerk, Board of County Supervisors
Albemarle County
VACo 2003 Annual Meeting
Proxy Statement
County authorizes the following person to cast its vote at the 2003 Annual
Meeting of the Virginia Association of Counties on November 11, 2003..
, a non-elected official of this county.
-OR-
a supervisor from County.
This authorization is:
Uninstructed. The proxy may use his/her discretion to cast County's votes on any
issue to come before 'the annual meeting.
Instructed. The proxy is limited in how he/she may cast County's votes. The
issues on which he/she may cast those votes and how he/she should vote are:
(List issues and instructions on the back of this form)
Certified by: Name
Title
Locality
President
Oliver H. Bennett
Northampton County
President-Elect
Wayne A. Acors
Caroline County
First Vice President
Mary Lee Carter
Spotsylvania Cgunty
Second Vice President
Gerald E. Connolly
Fairfax County
Secretary-Treasurer
Malvern ~ "Rudy" Butler
Goochland County
Immediate Past President
Gerald W. Hyland
Faiffax County
Executive Director
James D. Campbell, CAE
1001 East Broad Street
Suite LL 20
Richmond, Vhginia
23219-1928
(804) 788-6652
FAX (804) 788-0083
E~-maih mail~vaco.org
Web site: www.vaco.org
VIRGINIA ASSOCIATION OF
TO:
FR OM:
RE:
County of AIbemafl~
Chairs, County Board of Supervisors
County Chief Administrative Officers
James D. Campbell, Executive Director
[
CONNECTING COUN'I~ GOVF. RlqMENTS SINCE 1934
Voting Credentials for the Annual Business Meeting
DA TE:
September 25, 2003
The 2003 Annual Business Meeting oft he Virginia Association of Counties
~:i!l be held on Tuesday, November 11, fr~J.~ t0':t5 .... ': .~--' Noon at The Hom~steao
Bath CounW.
Article VI of the VACo ByLaws state that each county shall designate a
representative of its board of supervisors to cast its vote(s) at the Annual Business
Meeting. However, if a member of the board of supervisors cam~ot be present for th/s
meeting, the Association's ByLaws allow a county to designate a non-elected official
from your county or a member of a board of supervisors from another county to cast a
proxy vote(s) for your. county.
For your county to b~ certified to vote at the Annual Business Meeting, (I) your
annual dues must be paid in full and (2) either a completed Voting Credentials Form or
a Proxy Statement must be submitted to VACo by November l, 2003. Alternatively,
this information may be submitted to the Credentials Committee at its meeting on
Monday, November 10, m 4:30 p.m. in the Monroe Room or to the conference
registration desk before this meeting.
NOMINATING COMMITTEE
The Nominating Committee will meet at 4:45 p.m. in the Wilson Room on
Monday, November 10th during VACo's Ammal Conference at tb_e Homestead. The
committee is charged to nominate a candidate for President-Elect, First Vice Pres/dent.
Second Vice President, and Secretary-Treasurer to be elected at the Annual Business
Meeting. Please send your expressions of interest and nominations to the Committee
or to VACo's Executive Director.
REGIONAL DIRECTORS
Pm-suant ~o VACo's By-Laws, "regional directors shall be selected at the
Annual Meeting by the member counties located within the region which the director
will represent." Regional caucuses will be scheduled during the Annual Meeting to
select directors. Incurnbent regional directors should chair the caucuses. Reports
should be given' to VACo's Executive Director by 6:00 p.m. on Monday,
November 10th. The attached list shows the regional directors that must be selecte&
J-DC: bjp [vote credentia/s memo 2003.doc]
Attachments
cc: VACo Board of Directors
Nominations Committee
Regional Directors to be selected in 2003
We need a director from Term to Expire Incumbent Room
Region 2 2003 Altemus -Piedmont
Region 3 2003 Ringley MOnroe
Region 3 2003 Warren Monroe
Region 4 2003 Moody Dominion
Region 7 2003 Walker Lexington
Region 7 2004 Winkelman Lexington
Region 8 2003 Gross Wilson
Region 8 2003 Hanley Wilson
Region 8 2003 Barg Wilson
Region 8 2003 Caddigan Wilson
Region 9 2003 Kyger Blue Ridge
Region 10 2003 Bumette Appalachian
Region 11 2004 Loope Madison
Region 13 2003 Hensley Georgian
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
Revised Executive Summary
Consent Agenda Item 5.3
Ordinance to Amend County Code Chapter
15, Taxation, Section 15-I01, Payment of
administrative costs and collections of fees
AGENDA TITLE:
Ordinance to amend County Code Chapter 15,
Taxation, Section 15-101, Payment of administrative
costs and collection of fees.
SUBJ ECTIPROPOSALIREQUEST:
Schedule public hearing to consider proposed
ordinance to amend County Code Chapter 15,
Taxation, regarding payment of administrative costs on
delinquent taxes.
STAFF CONTACT(S):
Mr. Tucker, Ms. White, Mr. Davis, Mr. Herrick, and Mr.
Walters
AGENDA DATE: ITEM NUMBER:
October 15, 2003
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Draft Ordinance
REVIEWED BY:
BACKGROUND:
Virginia Code § 58.1-3958 authorizes localities to impose administrative costs for the collection of delinquent taxes
or other delinquent charges. That section specifies limits on the timing and amount of fees and costs imposed.
In 2003, the General Assembly amended this Virginia Code section. An amendment to Albemarle County Code
§ 15-101 (A) is necessary to be compliant with the requirements of the amended state law.
DISCUSSION:
Senate Bill 1227 of the 2003 General Assembly increased the fees that may be charged from $20 to $30 for
delinquent taxes and other charges collected before judgment is taken, and from $25 to $35 for such taxes and
charges collected subsequent to a judgment. More importantly, the timing criteria for imposing the fees also
changed. While a locality previously could charge fees after "the filing of a warrant or other appropriate legal
document," localities must now wait until after "30 or more days after notice of delinquent taxes or charges" to
charge fees. Because Albemarle County Code § 15-101 (A) currently tracks the prior language, it must be updated
to remain compliant with the amended Virginia Code.
While making this mandatory timing change, the Board may also wish to consider making discretionary
amendments to the amounts of the fees imposed. Because the General Assembly increased the caps above what
the County has charged, the County's current charges remain within the limits authorized by state law. However,
the County now has the additional authority to increase the fees from $20 to $30 before judgment is taken, and
from $25 to $35 subsequent to a judgment. In addition the County can impose administrative costs on collection
of nuisance abatement liens, wh ch the General Assembly authorzed n 1999, but wh ch have not yet been
incorporated into the County Code. The actual costs incurred by the County in these collections are in excess of
the proposed maximum fees.
RECOMMENDATION:
Staff recommends that the attached ordinance be set for public hearing on November 5, 2003.
13-1~-03P03:08 RCVD
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Ordinance to Amend County Code Chapter 15,
Taxation, Section 15-101, Payment of Administrative
Costs and Collection of Fees
SUBJECT/PROPOSAL/REQUEST:
Schedule public hearing to consider proposed
Ordinance to amend County Code Chapter 15,
Taxation, regarding payment of administrative costs on
delinquent taxes.
STAFF CONTACT(S):
Mr. Tucker, Ms. White, Mr. Davis, Mr. Herrick, and
Mr. Waltem
AGENDA DATE: ITEM NUMBER:
October 15, 2003
ACTION: IN FORMATION:
CONSENT AGENDA:
ACTION: × INFORMATION:
ATTACHMENTS: Draft Ordinance
/
BACKGROUND:
Virginia Code § 58.1-3958 authorizes localities to impose administrative costs for the collection of delinquent taxes
or other delinquent charges. That section specifies limits on the timing and amount of fees and costs imposed. In
2003, the General Assembly amended this Virginia Code section. An amendment to Albemarle County Code § 15-
101 (A)is necessary to be compliant with the requirements of the amended state law.
DISCUSSION:
Senate Bill 1227 of the 2003 General Assembly increased the fees that may be charged from $20 to $30 for
delinquent taxes and other charges collected before judgment is taken, and from $25 to $35 for such taxes and
charges collected subsequent to a judgment. More importantly, the timing criteria for imposing the fees also
Changed. While a locality previously could charge fees after "the filing of a warrant or other appropriate legal
document," localities must now wait until after "30 or more days after notice of delinquent taxes or charges" to
charge fees. Because Albemarle County Code § 15-101 (A) currently tracks the prior language, it must be updated
to remain compliant with the amended Virginia Code.
While making this mandatory timing change, the Board may also wish to. consider making discretionary
amendments to the amounts of the fees imposed. Because the General Assembly increased the caps above what
the County has charged, the County's current charges remain within the limits authorized by state law. However,
the County now has the additional authority to increase the fees from $20 to $30 before judgment is taken, and from
$25 to $35 subsequent to a judgment, if the Board so wishes. The actual costs incurred by the County in these
collections are in excess of the proposed maximum fees.
RECOMMENDATION:
Staff recommends that the attached ordinance be set for public hearing on November 5, 2003.
09-10-03A10:29 RCVD
03.130
Draft: September 25, 2003
ORDINANCE NO. 03-15(1)
AN ORDINANCE TO AMEND CHAPTER 15, TAXATION, ARTICLE I, IN GENERAL, OF THE CODE
OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 15,
Taxation, Article I, In General, is hereby amended and reordained as follows:
By Amending:
Sec. 15-101 Payment of administrative costs and collection of fees.
CHAPTER 15. TAXATION
ARTICLE I. IN GENERAL
Sec. 15-101 Payment of administrative costs and collection of fees.
A. Delinquent taxpayers shall pay a fee, as required by this section, to cover the administrative
costs associated with the collection of delinquent taxes. This fee shall be in addition to all penalties and
interest, and shall be in the amount of twcn~-~v..~.4~"~ w~,,.w~r~'m ~m thirty, dollars ($30.00) for taxes or other char~es.. .
collected subsequent to filL*:g a warrar2 or ot?.er ...... .4~,~ 1~1 A ........ 1...., ~l^~ *~ i...4 .... '
.vv~vv ....... ~ ...............v ...... a,,,,~ ....... thirty (30) o_r
more days after notice of delinquent taxes or charges pursuant to Virginia Code § 58.1-3919 but prior to the
tak_in~ of any iud.mTM with respect to such delinquent taxes or charges, and in the amount of ev;ev2y ~ve
...... ~ ...... j thirty-five dollars ($35.00) for taxes or other charges collected subsequent to judgment. If the
collection activity is to collect on a nuisance abatement lien, the fee for administrative costs shall be one
o
hundred fifty dollars ($150.00) or twenty-five percen.t (25 ¼) of the cost, whichever is less; however, in no
event shall the fee be less than twenty-five dollars ($25.00).
B. In addition, delinquent taxpayers shall pay reasonable attorney's or collection agency's fees
actually contracted for associated with the collection of delinquent taxes; provided, however, the amount paid
by the delinquent taxpayer shall not exceed twenty percent (20%) of the taxes and other charges collected.
C. No tax assessment or tax bill shall be deemed delinquent and subject to the provisions of this
section during the pendency of any administrative appeal under Virginia Code § 58.1-3980, provided the
appeal is filed within ninety (90) days of the date of the assessment, and for thirty (30) days after the date of
the final determination of the appeals.
(Ord. of 11-2-94; Code 1988, § 8-1.5; Ord. 98-A(1), 8-5-98; Ord. 03-15(1), 11-5-03)
State law reference-Authority for above fee, Va. Code §§ 58.1-3916, 58.1-3958.
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded
below, at a regular meeting held on
Mr. Bowerman
Mr. Dorder
Mr. Rooker
Mr. Martin
Mr. Perkins
Ms. Thomas
Aye Nay
Clerk, Board of County Supervisors
FAX {434) 9724126
COUNTY OF ALBEMARLE
Deparament of Building Code and Zoning Services
401 Mclntire Road, Room 227
Charlottesville, Virginia 22902-4596
TELEPHONE (434) 296-5832
RCVD
TTD (434) 972-4012
September 24, 2003
Jay B. Call, III Associates, Inc.
P.O. Box 509
Richmond, VA 23218-0509
RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -
Tax Map 77, Parcel 31 (Mountaintop Farm - Property of Ann Carol Robins
Charitable Remainder Unitrust; John C. Haskell, TruStee) Section 10.3.1
Dear Mr. Call:
The County Attorney and ! 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 77, Parcel 31 is comprised of four (4) separate parcels of record. Each of
these parcels contains theoretical development rights as explained in the proceeding.
The basis of this determination is summarized as follows:
Our records indicate Tax Map 77, Parcel 31 contains 329.043 acres and is improved
with twenty (20) dwellings. Of these dwellings, 3 are single family units and 17 are
multi-family units. The property is not in an Agricultural Forestal District. The most
recent deed for this property is recorded in Deed Book 2326, page 001.
This analysis begins when the four parcels were initially acquired together by Ann
Robins Haskell from J. Nelson and Lois W. Brown on March 26, 1974 in Deed Book
547, parcel 455. This deed and plat recognizes this property as four (4) separate
parcels. The parcels are shown on the "plat showing survey of 330.462 acres property
belonging to J. Nelson and Lois W. Brown" by Kurt Gloeckner. This plat is dated
February 14, 1974 and is found in Deed Book 547, Page 460. The prior deed book
references and description for each of these four parcels follows:
Deed of Austin B. Osgood and wife, dated July 1, 1950 recorded in Deed Book 289,
page 396. This property was previously known as tax map 78, parcel 24. This
parcel consists in the aggregate of 227 2/3 acres, more or less. This is determined
to be a parcel of record with five (5) theoretical development rights.
Official Determination Of Parcels And Development Rights
Tax Map 77, Parcel 31 (Mountaintop Farm)
September 24, 2003
Page 2
2. Deed of Brown's Gifts, Incorporated, dated August 16, 1951, recorded in
Deed Book 296, page 535 excepting conveyance off of Parcel A and B as
shown on plat of William S. Roudabush, Jr., dated October 28, 1958,
recorded in Deed Book 344, page 493, and excepting the strip included in the
right of way shown on plat recorded in Deed Book 143, pages 54-55. This
property was previously known as tax map 77, parcel 26. This parcel
consists of about 54.57 acres (the acreage is unlisted in the deeds; this
amount was determined by staff through subtraction). This is determined to
be a parcel of record with five (5) theoretical development rights.
3. Deed of Thomas Jefferson Memorial Foundation, Inc.., dated June 26, 1959,
recorded in Deed Book 350, page 80. This property was previously known as
tax map 31B. It consists of 3.24 acres. This is determined to be a parcel
of record with one (1) theoretical development right.
All these same four (4) parcels (identified as "Parcel Two") were conveyed from
Ann Robins Haskell to John C. Haskell, Jr., as Trustee of the Mountaintop Land
Trust by Deed Book 687, page 183 dated December 20, 1979. This conveyance
was pursuant to the terms of a certain land trust agreement dated December 20,
1979. This property (Parbel Two) was described as "all that certain tract of land
in Albemarle County, Virginia, containing 330.462 acres according to plat of Kurt
Gloeckner, Surveyor, dated February 14, 1974, and recorded in the said County
. Clerk's Office in Deed Book 547, page 460; being the same property in all
respects which was conveyed to the said Ann Robins Haskell by deed of J.
Nelson Brown and Lois W. Brown, husband and wife, and recorded in the said
Clerk's Office in Deed Book 547, page 455." This is the deed of record as of
December 10, 1980. This deed was merely to establish the Mountaintop Land
Trust and it did not impact parcels of record or development rights.
The subsequent deed, found in Deed Book 770, page 21, also does not appear
to impact parcels of record or development rights. This is a deed of release and
quitclaim between John C. Haskell, Jr., Trustee of the Mountaintop Land Trust
(Grantor) and Michie Tavern, Inc. (Grantee). This deed of release refers to three
parcels of land or easements:
1) A twelve foot strip'of land containing a roadway crossing the land of the
Grantee and leading to the other lands of the Grantor (recorded in Deed Book
143, page 55).
2) A triangular parcel of land sitUated at the intersection of the old and new
Route 53 at the entrance to Michie Tavern, more particularly described in a
deed dated September 1, 1957 and recorded in Deed Book 198, page 236
(The deed book and date do not match. This information was not provided for
our review. Because it is a quitclaim and release deed, it does not appear to
subdivide property or actually convey ownership).
3) A 15' easement which would not be relevant to the determination of parcels
and development rights,
Official Determination Of Parcels And Development Rights
Tax Map 77, Parcel 31 (Mountaintop Farm)
September 24, 2003
Page 3
The subsequent deed found in Deed Book 2326, page 001, also did not impact
parcels of record or development rights. This was a deed of gift between John C.
Haskell, Jr., Trustee of the Mountaintop Land Trust and John C. Haskell, Jr.,
Trustee of the Ann Carol Robins Marchant Charitable Remainder Unitrust.
Please note that a survey will be necessary to determine an accurate calculation
of the acreage or to establish or to re-establish property lines. The actual
number of development rights will be impacted by the actual acreage and by
actual building sites. This determination is based on a review of the information
provided. If there are additional deeds or plats which are relevant, they may
impact this determination.
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,~ .,~~'
Ameba G, McCulley, A.I.C.P.
Zoning Administrator
Copies:
Owner: Ann Robins Marchant c/o John C. Haskell, Trustee
Gay Carver, Real Estate Department.
Reading File
Ella Carey, Clerk to the Board of Supervisors,
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY 02-70-03A77:09 RCVD
AGENDA TITLE:
Proposed FY 2003 Budget Amendment
SUBJECT/PROPOSAL/REQUEST:
Public Hearing on the Proposed FY 2003 Budget
Amendment in the amount of $605,587.26, and request
approval of amendment and of Appropriation #2003079 to
provide funding for various General Government and School
programs.
STAFF CONTACT(S):
Messrs. Tucker, Breeden, Ms. White
AGENDA DATE:
October 15, 2003
ACTION: X
CONSENT AGENDA:
ITEM NUMBER:
INFORMATION:
ACTION: INFORMATION:
BACKGROUND:
ATTACHMENTS:
REVIEWED BY:
Yes
The Code of Virginia §15.2-2507 stipulates that any locality may amend its budget to adjust the aggregate amount to be
appropriated during the current fiscal year as shown in the currently adopted budget. However, any such amendment which
exceeds one percent of the total expenditures shown in the currently adopted budget or the sum of $500,000, whichever is
lesser, must be accomplished by first publishing a notice of a meeting and holding a public hearing before amending the
budget. The Code section applies to all County funds, i.e., General Fund, Capital Funds, E-911, School Self-Sustaining, etc.
DISCUSSION:
The proposed increase of tills FY 2003 Buctget Amendment totals $605,587.26. The estimated expenses and revenues
included in the proposed amendment are shown below:
ESTIMATED EXPENDITURES
General Fund
Local Government Programs/Grants
School Fund
Education Programs/Grants
TOTAL ESTIMATED EXPENDITU RES- All Funds
$ 180,000.00
$ 209,000.00
$ 3,275.00
$ 213,312.26
$ 605,587.26
ESTIMATED REVENUES
Local Revenues $ 156,281.31
State Revenues $ 26,014.58
Federal Revenues $ 204,000.00
Fund Balances $ 219,291.37
TOTAL ESTIMATED REVENUES - All Funds
$ 605,587.26
This budget amendment is comprised of four (4) separate appropriations, three of which were already approved bythe Board at
its September 3, 2003 meeting. These appropriations, totaling $63,580.95, provided for the receipt and appropriation of funds
for various Education programs and grants.
The fourth appropriation, #2003079, which will need approval after the public hearing, totals $542,006.31 and appropriates
funds for FY03.over-expenditures. The details of the over-expenditures are presented on Attachment A.
RECOMMENDATION:
Staff recommends approval of the FY 2003 Budget Amendment in the amount of $605,587.26, after the public hearing, and
then approval of Appropriations #2003079 to provide funds for FY03 over-expenditures as described in Attachment A.
03.129
Attachment A
Appropriation #2003079
$542~006.31
General Fund over-expenditures total $180,000.00 as detailed below. Funding for these expenditures ~s
provided from fund balance.
Human Resources - Early Retirement $ 46,500.00
A larger number of employees retired during FY03 than was originally
anticipated resulting in an over-expenditure for early retirement payments.
Sheriff- Overtime Reimbursable $ 85,000.00
Reimbursable overtime for the Shedff's Department was more than anticipated.
Additional revenue from Sheriff's Department Services Fees offset the
increase in expense.
Commonwealth Attorney- Part-time wages $14,000.00
Due to an employee's extended leave, additional expenses were
incurred for part-time wages during FY03.
Contributions - Tax Relief $ 7,500.00
Expenses were greater than anticipated for the Tax Relief for the Elderly
and Disabled Program. This increase ~s due primarily to an increase in
the 2003 assessed value of property eligible for relief.
Refunds - Property Tax $ 27,000.00
Property tax refunds were more than anticipated due primarily to
two large refunds of business license tax.
Food supplies for AIMR were $25,000.00 more than budgeted. The increase in expenses is offset by an
increase in revenue relating to AIMR food sales.
Section 8 Housing assistance payments were $207,000.00 over budget. This increase is offset by an
additional $204,000.00 in federal revenue and $5,000.00 from the Section 8 Fund Balance.
Due to an increase in fuel usage and cost during FY03, the internal service fund relating to this cost was
over-expended by $128,006.31. This over-expenditure is offset by an increase in the charge backs to
various local govemment departments and outside agencies.
ALBEMARLE COUNTY.
BOARD OF SUPERVISORS
PUBLIC HEARING
NOTICE OF PUBLIC HEARING
PROPOSED AMENDMENTS TO BUDGET
FOR FISCAL YEAR ENDING JUNE 30, 2003
The County Executive's recommended amendments to the FY 2002-03 Budget are
prepared and published in synopsis form solely for the purposes of fiscal planning and
public information. Publication of these proposed amendments does not constitute an
appropriation of funds for those purposes by the Board of Supervisors. The amendments
consist of estimates and are requests submitted to the County Executive with his
recommendation concerning the requests.
A PUBLIC HEARING will be held by the Board of Supervisors of Albemarle County,
Virginia at ????. on WEDNESDAY, OCTOBER 15, 2003 in Room 241 of the County
Office Big, 401 Mclntire Road, Charlottesville, Virginia on these recommended
amendments to the County Budget. This public hearing wJJJ be held pursuant to Virginia
Code Section 15.2-2507 and is for the purpose of allowing the public to question and
comment on the recommended budget amendments.
At the WEDNESDAY, OCTOBER 15, 2003 meeting, after the public hearing, the Board of
Supervisors will consider approving the amendments to the FY 2002-03 budget and
appropriating funds as applicable for FY 2002-03.
PROPOSED FY 2002-03 BUDGET AMENDMENTS
ESTIMATED REVENUES
All Funds - Local Revenues
All Funds - State Revenues
All Funds - Federal Revenues
All Funds - Fund Balances
$ 156,281.31
$ 26,014.58
$ 204,000.00
$ 219,291.37
TOTAL ESTIMATED REVENUES
$ 605,587.26
ESTIMATED EXPENDITURES
General Fund
School Fund
Local Government Programs/Projects
School Programs/Projects
$ 180,000.00
$ 3,275. OO
$ 209,000.00
$ 213,312.26
TOTAL ESTIMATED EXPENDITURES
$ 605~587.26
FMS2 sI COUNTY OF ALBEMARLE .............. NUMBER 2003 079 .
REVISED 6184 APPROPRIATION FORM DATE
BATCH #
EXPLANATION: Approval of FY03 overexpenditures. . . '
I, r ~ SUB'LEDGER ' GENERAL LEDGER
TYPE FUND DEpT OBJECT AccoUNT DESCRIPTION CODE It, MOUNT ' ' DEBIT CREDIT ......
I 1000 12030 223000 H/R , i EARLY RETIREMENT J ~_1_: 46,500.00 ......
I 1000 21079 129900 SHERIFF OFF REIMBURSABLE J I 85,000.00
. I 1000 22010 130000 COM ATF'PFF WAGES J 1' 14,000.00
I 1000 89000. 579100 CONTR TAX RELIEF J I 7,500.00 ......
I 1000 92010 880301 REFUNDS PROP. TAX . iJI 27,000.00
2 1000 51000 810100 GIF BALANCE J _.._v~ 180,000.00 ~
..... 1000 ~ 0501 Est. Revenue J .......... 180,000.00
1000 070t Appropriation J 180,000.00
J
I 3002 63115 600200 AIMR FOOD SUPPUES J _.__~_ 25,000.00. ,
2 3002 . 1.6000 161247 AIMR FOOD SALES. . TJ ___~2 25.,000.00 ...
J
.3002 0501 Est. Revenue J .... 25,000.00
3002 0701 Appropriation J 25,000.00
J
I 1227 81920 579001 SECT. 8 ASSIST, PAYMENTS Ij I 192,000.00.
I .1227 81921 930009 sEcT. 8 TRS TO GIF /J 1 17,000.00
2 1227 33000 330016 SECT. 8 VOUCHERS J 2 204,000.00
2 · 1227 $1000 510100 SECT. 8 FIB IJ 2 5,000.00
..... 1227 0501 Est. Revenue IJ 209,000.00
1227 0701 Appropriation . J .... 209,000.00 !
J
I 3910 62341 600800 INT. SER FUEL COST J 1 · 1__2.8,006.31
2 39t0 160.00 161271 INT. SER FUEL CHARGES IJ 2 .128,006.31
J
3910 . 0501 Est. Revenue . d 128~006.31
3910 0701 Appropriation J , 128,006.31
J
J
J
rOTAL [ME
, I 1,084,012:62 542,006.31 542,006.31
PREPARED BY: LVIN BREEDEN 'DATE: 09130/03
APPROVED BY: ELLA W. CAREY DATE: 1011512003
COUNTY OF ALBEMARLE
Departmeqt &Planning & Community Development
401 Mclntire Road, Room 218
Charlottesville, Virginia 22902-4596
(434) 296 - 5823
Fax (434) 972 - 4012
September 30, 2003
James E. Shifflett
2415 Simmons Gap Road
Free Union, Virginia 22940
RE: SP-02-080 James E. Shiffiett Bridge Replacement (Sign #46)
Dear Mr. Shifflett:
The Albemarle County Planning Commission, at its meeting on September 23, 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:
1. Engineering Department approval of mitigation plan for repair and enhancement of the
stream buffer. This plan shall include removal of the existing Iow-water crossing.
2. The applicant shall complete construction of the bridge as described in the report prepared
by John Davis, PE and dated August 4, 2003, and implement the mitigation plan within four
months of the date of approval of the permit.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on October 15, 2003. Any new or additional
information regarding your application must be submitted to the Clerk of the Board of Supervisors
at least seven days prior to your scheduled hearing date.
If you should have any questions or comments regarding the above noted action, please do not
hesitate to contact me (434) 296-5823.
SiTrely,
Planner
SC/jcl
Cc:
Ella Carey
Amelia McCulley
Jack Kelsey
Steve AIIshouse
Staff Contact: Scott Clark
Planning Commission: September 23, 2003
Board of Supervisors: October 8, 2003
SP 02-080 James E. Shiffiett Bridge Replacement
APPLICANT'S PROPOSAL
Request for special use permit to allow replacement of a low-water crossing of the Lynch River with a
bridge in accordance with Section 30.3.05.2.1.2 of the Zoning Ordinance, which allows for water-related
uses (such as boat docks, canoe liveries, bridges, ferries, culverts, and river crossings of transmission lines
of all types) in the floodway.
LOCATION AND DESCRIPTION OF PROPERTY
The property, described as Tax Map 7 Parcel 57, contains 15.137 acres, and is located in the White Hall
Magisterial District on Simmons Gap Road [Route # 628] approximately 0.2 m/les from the point where
Route 628 crosses the Greene County line.
HISTORY
This parcel has no previous planning or zoning applications.
COMPREHENSIVE PLAN
The property is zoned RA Rural Areas. The Comprehensive Plan designates this property as Rural Area.
APPLICANT'S JUSTIFICATION FOR THE REQUEST
The applicant is .replacing an existing low-water crossing with a bridge in order to have safer access to the
property. In the past, access to the property for the residents and for emergency vehicles has been cut offby
high water.
This project was reported as a violation, as the work was begun without a special use permit. Approval of
this permit would satisfactorily address the violation.
RECOMMENDATION - ~ -
Staff recommends approval with conditions.
STAFF COMMENT (Special Use Permit)
Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance below:
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,
This crossing would replace an existing crossing, and therefore would not affect the level of use
on the property. The fill for the bridge abutments is less than 5 percent of the cross-sectional area
of the floodplain at this point (the County's cut-off for minimal impacts), and is not expected to
cause flood effects on neighboring properties.
that the character of the district will not be changed thereby,
This bridge is not expected to change the character of the district.
and that such use will be in harmony with the purpose and intent of this ordinance,
Replacing the existing crossing will provide safer access.
Removing the existing crossing would remove a blockage that limits or prevents aquatic habitat
connectivity, and thus would improve the health of the strear~ The Engineering Department will
require a mitigation plan for repair of the stream buffer at this site. Planning staffhas discussed
this plan with the Water Resources Manager, and removal of the existing crossing would be an
acceptable (even preferable) approach for the mitigation plan. The applicant has proposed removal
of this crossing on his permit application.
with the uses permitted by right in the district,
This crossing would not conflict with by-right uses.
with additional regulations provided in Section 5.0 of this ordinance,
There are no supplemental regulations in Section 5.0 for this use.
and with the public health, safety and general welfare.
The proposed bridge would not caused increased flood levels, which are the most common public-
safety concern with floodplain-fill projects. The Engineering Department has determined that the
bridge surface would be higher than the elevation of the 100-year flood for this section of the
stream.
This stream is not designated as a state or local scenic stream. This stream crossing would not
significantly impact the scenic or recreational value of the stream in this location.
SUMMARY
Staff finds that this project will make access to this parcel safer without affecting neighboring parcels.
Also, removal of the existing low-water crossing will improve the health of the stream. As this permit is
being used to address a violation, a time limit for completion of the work is required by the Zoning
Department.
RECOMMENDED ACTION
Staff recommends approval of SP 02-080 with the following conditions:
1. Engineering Department approval of a mitigation plan for repair and enhancement of the stream buffer.
This plan shall include removal of the existing low-water crossing.
2. The applicant shall complete construction of the bridge as described in the report prepared by John
Davis, PE, and dated August 4, 2003, and implement the mitigation plan within four months of the
date of approval of this permit.
ATTACI-IMENTS
A. Location Map
B. Site Map
C. Aerial Photo
D. Photos of site
O2
Z
Lu
?
FOY~~N~N
PINEY
Prepared by Albemarle County
Office of Geographic Data Services(GD$).
Map created September 2003°
Note: The map elements depicted are graphic representations and
are not to be construed or used as a legal description.
SP-02-08
SHIFFLETT BRIDGE
1 2
Miles
3
,~828.7
?
Prepared by Albemarle County
Office of Geographic Data Services(GDS),
Map created September 2003.
Note: The map elements.depicted are graphic representations end
are not to be constn
.1
y785.8
778.4
793.7
,2
768,0
~776.
SP-02-08
SHIFFLETT BRIDGE
300 600
£
9OO
· ',ii1 inch uals 750 fee'
ATTACHMEN'r C
........ Roads
......... Intermittent Streams
~..
........... Perennial Stream Not Outlined
..... River or Impoundment Outline
Albemarle Boundary
ATTACHMENT D
<-- View of new
bridge from existing
low-water crossing.
Shows widening
and shallowing of
the Lynch River
upstream of existing
crossing.
~- View of existing
low-water crossing
next to new bridge.
Shows widened,
undercut stream bed
below existing
crossing.
<-- View of
widened, undercut
stream bed below
existing crossing.
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
SP-03-49 Glenwood Station
SUBJECT/PROPOSAL/REQUEST:
Request for special use permit to allow professional offices as part of
a mixed-use development, pursuant to Section 18.2.2.11 of the
Zoning Ordinance which allows for professional offices by special
use permit in the R- 15 Zoning District.
STAFF CONTACT(S):
Margaret Doherty
AGENDA DATE:
October 15, 2003
ACTION: Yes
CONSENT, ,AGENDA:
ACTION:
ATTACHME~S: Yes
REVIEWED BY: VWC
ITEM NUMBER:
INFORMATION:
INlrORMATION:
PROPOSAL:
The applicant is proposing a mixed-use development of 62 dwelling units and 64,000 square feet of general office. The proposed office
use would be located in three buildings located along Rio Road. The proposed dwelling units would be located in 28 townhomes located
in the middle of the site and 5 condominium buildings located on either end of the towrthomes. The property, is zoned R-15 and the
special permit would allow the office buildings in this residential district.
DISCUSSION:
The Planning Commission voted unanimously to recxnaunend approval of thc above mentioned special permit~ They. included, as a
condition of approval, that the final site plan showing the building containing the 50th residential trait show a vehicular connection to the
Mall Access Road. The applicant expressed their willingness to construct the entrance, however, they have so far been unable to get the
official permission of the Mall ownership. There is some concern among the Mall ownership that this entrance may influence future
development of their site. Therefore, the applicant has agreed to construct the entrance and then convert it to emergency only if it creates
a conflict with their development. Staff finds this to be a reasonable solution, and has revised condition #3 accordingly.
RECOMMENDATION:
Staff~ds approval of the special use permit, with the following conditions:
The site shall be developed in general accord with the concept plan entitled, Conceptual Development Plan
Glenwood Station/Place, dated July 11, 2003 with minor changes allowed to accommodate the required parking when
approved by the Zoning Administrator,
2~
Final elevations of the office buildings shall be reviewed and approved by the Director of Planning prior to final site
plan approval to ensure consistency with the elevations provided herein, dated August 25, 2003;
The Applicant shall construct, in its entirety, a second commercial entrance to their property from the Mall Access
Road in general accord with the concept plan entitled, Conceptual Development Plan Glenwood Station/Place, dated
July 11~ 2003. Should the County Engineer decide in the future that, for reasons associated with new development on
the Fashion Square Mall property, the entrance should be restricted, said entrance shall be converted, by the
Applieant~ present owner or owner's association into an emergency means of ingress/egress.only by way of installation
of gates, be[lards or other device. Sidewalks shall be provided along the entire Mall Access Road frontage;
The office buildings shall have a 30' front setback and a 10' parking setback from Rio Road, as well as a 50' structure,
20' parking and 20' undisturbed buffer adjoining the Squire Hill development to the south; and
5. Prior to final site plan approval of the first office building, the applicant shall submit, for VDOT review and approval,
a highway capacity manual analysis of the entrance on Rio Road.
ATTACHME1VFS:
A Planning Commission action letter, dated September 3, 2003
B Planning Commission staffreport, for September 2na hearing, with attachments.
Return to regular agenda
September 3, 2003
COUNTY OF ALBEMARLE
Department of Planning & Community Development
401 M¢lntire Road, Room 218
Charlottesville, Virginia 22902
ph (434) 296-5823 x3250
fax (434) 9724012
Mark Keller
Terra Partners
200 6m St. N.E., Suite B
Charlottesville, VA 22902
RE: SP-03-49 Glenwood Station
Dear Mr. Keller:
The Albemarle County Planning Commission, at its meeting on September 2, 2003, unanimously
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 shall be developed in general accord with the concept plan entitled, Conceptual
Development Plan Glenwood Station/Place, dated July 11, 2003 with minor changes
allowed to accommodate the required parking when approved by the Zoning
Administrator;
Final elevations of the office buildings shall be reviewed and approved by the Director of
Planning prior to final site plan approval to ensure consistency with the elevations
provided herein, dated August 25, 2003.
The final site plan shall show a vehicular connection to the Mall Access Road. The
connection shall be constructed prior to issuance of the 50th building permit. Sidewalks
shall be provided along the entire Mall Access Road frontage;
The office buildings shall have a 30' front setback and a 10' parking setback from Rio
Road, as well as a 50' structure, 20' parking and 20' undisturbed buffer adjoining the
Squire Hill development to the south; and
Prior to final site plan approval of the frrst office building, the applicant shall submit, for
VDOT review and approval, a highway capacity manual analysis of the entrance on Rio
Road.
Please be advised that the Albemarle County Board of SupervSsors will review this petition and receive
pubhc comment at their meeting on October 8, 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
02-10-03A11:10 RCVD
scheduled hearing date.
If you should have any questions or comments regarding the above noted action, please do not hesitate to
contact me (434) 296-5823.
Cc:
Ella Carey
Amelia McCulley
Jack Kelsey
Steve Allshouse
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
MARGARET DOHERTY
SEPTEMBER 29 2003
OCTOBER 89 2003
GLENWOOD STATION
SP-03,49 Special Permit for office use in R-15
Applicantgs Proposal: The applicant is proposing a mixed-use development of
62 dwelling units and 64,000 square feet of general office. The proposed office
use would be located in three buildings located along Rio Road. The proposed
dwelhng units would be located in 28 townhomes located in the middle of the site
and 5 condominium buildings located on either end of the townhomes. The
property is zoned R-15 and the special permit would allow the office buildings in
fids residential district. Please see the conceptual development plan and office
elevations, included as Attachments B and C.
Petition: Request for special use permit to allow professional offices as part of a
mixed-use development, pursuant to Section 18.2.2.11 of the Zoning Ordinance
which allows for professional offices by special use permit in the R-15 Zoning
District.
Proper .ty description: Tax Map 61 Parcel 129F, contains 9.31 acres, and is
zoned R-15, Residential. The proposal is located on East Rio Road (Route
631), approximately one mile from the intersection of East Rio Road and Route
29N, between Fashion Square Mall and Squire Hill Apartments, in the Rio
Magisterial District. The Comprehensive Plan designates this property as Office
Service and Neighborhood Service in the Neighborhood 2.
Character of the Area: The property is surrounded by a variety of uses: church, regional
mall, apartments, medical offices and commercial uses. The neighborhood could be
characterized as mixed-use, built incrementally, with a conventional development pattern.
By-right Use of the Proper .ty: The property is currently zoned R-15, high
density residential. It could be developed with up to fifteen dwelling units per
acre, theoretically 139 unitS (9.31 acres x 15), and a variety of dwelling unit types
are available.
STAFF COMMENT:
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:
The subject property is designated Urban Density on the Land Use Plan Map and
is within Neighborhood Two. Following are recommendations from the
Comprehensive Plan (page), relative to this property:
Provide bicycle facilities and walkcays in conjunction with all major road
improvements in the area. The plan shows sidewalks along the entire Rio
Road frontage and sidewalks along the new road providing a pedestrian
connection from Rio Road to the Mall Access Road. Staff recommends, as a
condition of approval that sidewalks be provided along the Mall Access Road
as well.
Upgrade water distribution in the entire Neighborhood to ensure adequate service.
The plan includes the construction of a water line, by jack and bore, connecting this
site to the 18" water main on the other side of Rio Road.
Maintain a wooded buffer between the Community/Regional Service located on Route
29 and the adjacent residential development. The plan shows supplementing existing
wooded areas between this site and the Squire Hill Apartments to the south, with
evergreen tree plantings to maintain the buffer.
Neighborhood Model
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 Sidewalks are shown connecting internal users of the site, along Rio Road
Orientation and connecting Rio Road to the Mall Access Road. However, the Mall
Access Road should also be improved to include sidewalks along the entire
frontage and a crosswalk across the Mall Access Road.
Neighborhood The street through the site provides a good connection between two existing
Friendly Streets roads but includes a small roundabout, such that speeds will be slow for
and Paths pedestrian safety. The pedestrian movement is improved through the use of
shared driveways for the townhomes and of a sidewalk "band", which
remains the same grade as the road and driveways, thereby eliminating
numerous up and down movements.
Interconnections If the Mail Access Roa~ connection is achieved, the project will include
good vehicular and pedestrian connections between Rio Road and the Mall.
Parks and Open The project includes recreational facilities to serve the users of the site and
Space maintains the wooded buffer as expressed in the comprehensive plan.
Neighborhood This site is immediately adjacent to a neighborhood center. The project
Centers shows appropriate pedestrian connections to the center.
Buildings and The application includes an architect's rendering of the office building
Spaces of ltuman located at the northwest comer of Rio Road and the road into the site. The
Scale front entry is oriented towards Rio Road and easily accessible to pedestrians.
It includes a large plaza at the frOnt of the building and the first floor is
brought down to the pedestrian's level by distingUishing the first two stories
through the use of windows, bays and brick coursing. Balconies are shown
on the second story facing Rio Road bringing life to the Streetside of the
builchng. Final elevations shoUld be reviewed and approved prior to final
site plan approval to ensure consistency with these proposed elevations.
Finally, it is staff's recommendation that the condominium buildings provide
a front fagade to the Mall Access ROad.
Relegated The parking for the residential units has not been relegated to the rear or side
Parking of all buildings. Parking for the office use is mostly relegated to the side and
rear of the buildings. Staff finds, given' the peculiar Shape of the site, the
commercial setbacks, the applicants use of shared parking and landscaping
treatments, the parking solution is acceptable.
Mixture of Uses The proposal includes residential and office uses, which are appropriate.
Mix/ltousing There are two housing types shown Which is acceptable for a site this size.
Types The applicant has also expressed a willingness to include opportunities for
penthouse-type apartment units in the upper floor of the proposed office
buildings. However, it is his preference that any such units be developed at
his discretion so as not to lim/t the marketability of the office buildings.
Redevelopment This project presents a good example of infill development within an
established area characterized by a conventional development pattern. It
provides good vehicular and pedestrian connections and a mix of uses.
Site Planning The applicant proposes to preserve the quality trees that exist
that Respects within the area proposed for the stormwater management
Terrain basin. The applicant believes that these areas should be
inundated infrequently and for short periods of time and the
trees located there are largely those species that tolerate wet
3
conditions.
Clear Boundaries Not Applicable.
w/Rural Areas
Zoning Ordinance Review
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 adiacent property?
The office use should be of no detriment to the adjacent residential property to the south
as a wooded buffer will remain and evergreen tree plantings will be planted to screen the
parking. The three story offices will also provide a barrier between the residential uses
and the traffic on Rio Road.
Will the character of the zoning district change with this use?
The character of the district is residential and two-thirds of the site is to be developed as
residential. The character of the surrounding development is mostly commercial.
Therefore, the three office buildings will not change the character of the area and will
likely have a small impact on the character of the zoning district.
Will the use will be in harmony with the purpose and intent of the zoning ordinance?
The use allows for a mixed-use development which is in harmony with the purpose and
intent of the zon~_ngpr~9_an_ ~~. ......................
Will the use be in harmony with the uses permitted by right in the district?
Uses permitted ~_y~ght in the R-15 district include: single-family dwellings, multiple-
family dwellings, cluster development, rental dwellings, homes for developmentally
disabled personS,'boarding houses, toUrist lodgings, power facilities, public uses and
buildings, temporary construction uses, accessory uses and stormwater management
facilities. The project includes uses permitted by right in the district, as well as a use
permitted by special permit. The office use will be in harmony with these uses.
Will the use comply with the additional re _gmlations provided in Section 5.0 of this
ordinance?
Not applicable.-'~:~ .....
Will the public health, safety and general welfare of the community be protected if the
use is approved?
The special permit request has been review by the members of the Site Review
Committee, to ensure the public health, safety and general welfacr of the community is
being protected with this proposal. The Engineering Department recommended approval
of the special permit, noting that drainage easements on adjacent parcels may be
necessary and that the connection to the Mall Access Road should be required. The
Zoning Department recommended approval of the special permit, noting that the office
buildings Should be required to meet the 30' front setback and the 10' parking setback
from Rio Road, as well as the 50' structure, 20' parking and 20' undisturbed buffer
adjoining the R-15 of the Squire Hill development. Also, since there are more than 50
dwelling units in this project, there must be reasonably direct vehicular access to two
public street connections. Therefore, Zoning further recommends as a condition of
approval that the secondary access to the Mall Access Road be constructed prior to
issuance of the 50th building permit.
Finally, the Virginia Department of Transportation is recommending approval of the
special permit, but they are requiring that the applicant complete a traffic study of the
new entrance, specifically for impacts of this development on Rio Road. It is not
necessary that the traffic study be completed prior to approval of the special permit
because they are not interested in a signal at this location, because it would be too close
to the signal at Old Brook Road (SR 652), and because a signal is proffered (when
warrants meet) at Putt Putt Place to the north. The study will serve as information for the
State to use in studying the road in the future. The study must show the capacity, the
expected delay at the left-in and all the out lanes and show the necessary sizing of the
right turn lane, which will be required at the entrance.
RECOMMENDED ACTION:
Staff finds that this request generally complies with the provisions of the Zoning
Ordinance and the Comprehensive Plan, and recommends approval of SP 03-49 with the
following conditions:
1. The site shall be developed in general accord with the concept plan entitled,
ConceptualDevelopment Plan Glenwood'Station/Place, dated July 11, 2003;
Final elevations of the office buildings shall be reviewed and approved prior
to final site plan approval to ensure consistency with the elevations provided
herein, dated August 25, 2003.
The final site plan shall show a vehicular connection to the Mall Access Road.
The connection shall be constructed prior to issuance of the 50th building
permit. Sidewalks shall be provided along the entire Mall Access Road
frontage;
5
The office buildings shall have a 30' front setback and a 10' parking setback
from Rio Road~ as well as a 50' structure, 20' parking and 20' undisturbed
buffer adjoining the Squire Hill development to the south; and
o
Prior to final site plan approval of the first office building, the applicant shall
submit, for VDOT review and approval, a highway capacity manual analysis
of the entrance on Rio Road.
ATTACHMENTS:
A - Location and Detail Maps
B - Glenwood Station office elevation, dated August 25, 2003
C - Glenwood Station concept plan, entitled Conceptual Development Plan Glenwood
Station/Place, dated July 11, 2003.
Prep~ by Albemarle County
Off/ce of 'Geographic Data Se/~ices(GDS).
Map Created Augu~t 2003.
Note: The map elements depicted are graphic representations and
are not to be construed or used as a legal description.
SP-02-049
GLENWOOD STATION
2OO
Feet
epa,e,yAlbemarle County
ffice~;lg~eographic Data Servicee(GDS).
Map created August 2003.
Note: The
are not to be constr
/
/
SP-02-049
GLENWOOD STATION
1,000 2, 000
/
/
3,000
RD
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~TION ESTIMATES:
AI~PROVALS
TERRA
PARTNERS, LLC
SCALE: 1"= *
CONTOUR INT:
DAT~ ?-ll-I
DESIGNER: KELLE:
REVISIONS:
SHEET 1
September 30, 2003
COUNTY OF ALBEMARLE
Departmeqt ol~ Planning & Communi[y Development
401 Mclntire Road, Room 218
Charlottesville, Virginia 22902-4596
(434) 296 - 5823
Fax (434) 972 - 4012
Kevin W. & Valede Quick
5780 Fieldcrest Drive
Scottsville, Virginia 24590
RE: SP-03-57 Kevin Quick; Tax Map,130, Parcel 71
Dear Mr. & Mrs. Quick:
The Albemarle County Planning Commission, at its meeting on September 23, 2003, by a vOte of 5:0,
recommended approval of the above-noted petition to the Board of Supervisors as presented.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on October 15, 2003. Any new or additional information regarding your
application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your
scheduled hearing date.
If you should have any q uestions or comments regarding the aboVe noted action, please do not hesitate
to 'contact me (434) 296-5823.
Sincerely,
Joan D. McDowell
Principal Planner
JDM/ebg
CC:
Ella Carey
Amelia McCulley
Jack Kelsey
Steve AIIshouse
02-10-03At1:11 RCVD
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
Steven Biel
September 23, 2003
October 8, 2003
SP..2003-057 Kevin Quick
Applicant's Proposal: The applicant is requesting approval of a special use permit for a
Home Occupation, Class B to allow for a home office in an accessory structure (garage)
(Attachment A). The mortgage appraisal business would be operated on the second floor
of a two-story detached garage that would be constructed if this request were approved.
The footprint of the proposed garage/office would be 900 square feet (30' x 30'). The
office on the second floor would consist of 620 square feet. The first floor of the
proposed structure would be used as a garage for vehicle parking. The applicant would
employ one employee (his wife). Hours of operation would be Monday through Friday,
7:30 a.m. to 6:00 p.m. There would be no customer visits to the home office.
Petitions: Request for special use permit to allow a home office in a garage in
accordance with Section 10.2.2 (31) of the Zoning Ordinance which allows for a Home
Occupation, Class B. The property, described as Tax Map 130, Parcel 71, Lot 17,
contains 2.127 acres, and is zoned RA, Rural Areas. The proposal is located on
Fieldcrest Drive, approximately 0.25 miles south of the Fieldcrest Drive/Scottsville Road
(Route 20) intersection, in the Scottsville Magisterial District. The Comprehensive Plan
designates this property as Rural Areas in Rural Area 4.
Character of.the Area: The site is located in the Totier Hills subdivision, which consists
of 21 residential lots, ranging from 2 acres to 3 acres. The applicant's property is located
at the end of a state-maintained road (Route 705).
Piannin_~ and Zonin~ History: There is no available history on this property.
Compre..hensive Plan: The Comprehensive Plan identifies this site and surrounding area
as being located in the Rural Areas. The Comprehensive Plan offers no specific
comment regarding home occupations in the Rural Areas. However, the level of intensity
of the proposed use would not be incompatible with the character of the Rural Areas.
RECOMMENDATION: Staff has reviewed this request for compliance with the provisions
of Section 31.2.4.1 of the Zoning Ordinance and recommends approval of SP 2003-057.
STAFF COMMENT: Staff will address each provision of Section 31.2.4.1 of the Zoning
Ordinance:
The Board of Supervisors hereby reserves unto itself the right to issue all special
use permits permitted hereunder. Special use permits for uses as provided in this
ordinance may be issued upon a finding by the Board of Supervisors ,that.such use
will not.be of. s.ubstantial detriment to adjacent property.
This proposal would not result in any significant increase in vehicular traffic beyond that
which would be considered normal traffic for the residence. The applicant would not have
customers visiting the site; therefore, there would be no more than seven trips per week
to the site that would be associated with the mortgage appraisal business, which is
considered the standard for a Home Occupation - Class A.
that the character of the district will not be changed thereby~
Kevin Quick 1
9/11/03
The addition of a detached garage to a residential dwelling in the Rural Areas is an
activity that would not be inconsistent with the character of the district. Furthermore, the
design of the garage/office would match the design of the applicant's house. It is the
opinion of staff that this home occupation would not result in any increased levels of
activity on the site that would be inconsistent with the character of the area.
and that such use will be in harmony with the purpose and intent of this ordinance,
Staff has reviewed the purpose and intent as Contained in Chapter18, Sections 1.4, 1.5,
and 1.6 of the Albemarle Zoning Ordinance. In the opinion of staff, the proposed use
would not conflict with the purpose and intent as described in the Zoning Ordinance.
with the uses permitted by ri.qht in the district,
This use would not prevent by-right use of the adjacent properties.
with additional re.qulations provided in Section 5.0 of this ordinance,
Home occupation permits are governed by Section 5.2.2 of the Zoning Ordinance
(Attachment C). The proposed request complies with the provisions of this section of the
Zoning Ordinance.
and with the public health, safety and .qeneral welfare.
The public health, safety, and general welfare of the community is protected through the
special use permit process, which assures that uses approved by special use permit are
appropriate in the location requested.
All issues from the Department of Building Code and Zoning Services have been
addressed. The applicant's wife is the only employee and there would be no customer
visits to the site; therefore; there would be no additional parking requirements. The
applicant must comply with Section 5.2.2. lb of the Zoning Ordinance that specifies that
there shall be no change in the outside appearance of the buildings or premises, or other
visible evidence of the conduct of the home occupation. This section also specifies that
accessory buildings shall be similar in facade to a single-family dwelling, priv~ite garage,
shed, barn, or other structure normally expected in a rural or residential area and shall
meet setback and yard regulations in the district in which it is located. Attachment B
shows the setbacks for the property and the applicant would have to construct the
proposed garage/office within those setbacks.
The Virginia Department of Transportation (VDOT) has required an entrance permit for a
private road entrance. Also, VDOT noted that on-site parking for employees should be
provided. The Department of Engineering visited the site and recommends approval of
the special use permit without any additional requirements as noted by VDOT. As there
would be no more traffic generated by the applicant's proposal than normal residential
traffic and there would be no employee parking, Planning staff concurs with the
Department of Engineering recommendation.
Kevin Quick 2
9/11/03
O2
SUMMARY:
Staff has identified the following factors favorable to this application:
There would be no additional traffic generated from this proposal than what would
be considered normal residential traffic.
There would be no noise or lighting impacts on surrounding neighbors.
Staff has not found any factors that are unfavorable to this request.
RECOMMENDED ACTION:
1. Based on the findings contained in this staff report, staff recommends approval of SP
2003-057
Attachments:
A - Application
B - Location Map and Tax Map
C - Section 5.2.2
Kevin Quick
9/11/03
3
County of Albemarle -:- Department ....... ut um,um& .~.~ .....
[L'~FFi~F~gd'~.ODiLy ....... ~, _ ~ -.~ ~ ~ ~ -- ~, ~, ~ ~ ATTACHMENT A
Application for Special Use Permit
ls tl~ an aracmlraant to aa'exL<ting Special ~ Pz~i~ ~ Y~ No
Are ~u ~mitfiag n si~ dev~pm~t plan ~O~ flx~ appli~fian? ~ Y~ No
Address
Daytime Phone
2'axmap and parc=l
the owner of ~s pmpcny own (or imvc ~y owne~hip in~
~ map ~d ~i num~m .... ·
O~CE U~E ONLY
H~ta~: Q $~ Usc ~miu: ~ ~MA~ ~ Pmff~: _ _
401 Mclntir~ Road ¢. Chariott~will,, VA 22902 ¢- Voice: 296-5832 -> Fax: 9~126
04
~OM
K~vin ~4 Quick, Home
Section 3t,%.4.1 of ti',a A. lbemaric County Zo~g Or~i~nc= stems ~. '~ bo~d of supc~sa~s
h~by rc~CS unto imclf ~c right ~ issu~ all sp~i~ usc pc~ per~tt~ hc~undcr. S~i~
~r~a for ~s ~ provid~ in ~h o~in~ may be i~ued upon a finding by ~e ~d of su~isoa
d~at such u~ wilt not ~ of substan6~ dc~t~t to ~jac~t prepaY. ~t ~c c~ctcr of tho dis~ct
will not bc changed ~crcby ~d ~ such ~ will bc in lmnuony wifl~ thc pu~sc and truant of this
a~~, wi~ tha ~ ~d by d~ht in ~a ~c~ wi~ ~dition~ ~gulations pmvid~ in
· h fo~ md pmvi& M~o~ i~fo~on w~ch w~ ~ht ~ ~unty ~ i~ ~w of your
FAX NO. : $042866509 Jut. 24 2003 ll:04AM P2
Howisthcusaiaharmonywiththcpurposcandintcnto thcZoningOrdi.anco?
What additioual rcguiatiu~ pruvidcd in Scctioa 5.0 of the Zoning Ordinance apply to this u~?. '~' C~,,'~ ~ a,V< ' '
4"g,... .....
How will this u. pmrama thc public health, safety, mad ge. a0~! w~lfam of th~ camraunity? ~ J,o ~ --~/¢~ ~ ,
2
-ROM :
t<~win W t~uick, Horn~ 0¢¢ic~ FAX NO. : 8042866509 Jul.' 24 2~3 11:84AM PS
Dc~dbc your ~u~ in dc~l ~d includ~ ~ p~ncnt'informadon ~uch ~ ~ numbe~ of pc~ons
ATTACLIMENTS RI!IQUIRED - provMe two(Z) copies of each:
Recorded'pla or bounda~ survey of ~',c property r~questcd for ~e r~ .zoning. If there
ho.recorded pla or boundary survey, pica,se provide legal description of thc propcr~y and
thc Dc~d Book and page number or Pla~ Book and page number.
Nora: If you ~re requesting a special use permit o~ly for a.ponion of the property, it
nee~ tO be described or delineated on a copy of the plat or surveyed drawing.
OwnersMp Lnformation - If ownership of thc property is in the name of any type of legal
entity or orgarfi;~-!on including, but not limited to, thc name of a corporation, pannc, t~hip
or association, or in the name of a trust, or in a fictitious name, .a document acceptable to
thc County must be submiued certifying ~ the per,on signing below has the au~ority
to do so.
If the applicant is a contract purchaser, a document a~ptable to r~c 'county must be
submitted containing the owner's written consent to the' application.
If the applicant is the agent of thc owner, a document ae.x:gptable to thc County must be
submitted that is cvidcnc~ of the existence and scope'of thc agency.
OPTIONAL ATTARS:
Drawings. or ~nc~ptual plans, if any.
Additional Information, if any.
I hereby certify thai I own d~c subjex:t property, or have ac legal power to ~t on behalf of ~ ~n~ ~
filing ~ appli~fiom Iflo ~'~a'M i~o~don pmvid~ is ~e ~d ~c. to ~c bm of my
~owl~gc.
$ignatur~
Dai¢
Daytimc phone.number of Signatory
3
COUNTY OF ALB~MARL£
PLANNING COMMISSION
//- 7 -
COUNTY OF ALBEM~R£E
BOARD OF SUPERVISORS
STATE ROUTE
$56eS2.35-E --
. _~4.r~_-.
LOT 8
LOT 9
2.267 Acs.
OIVISION 15 PART OF ~ %~1
PARCEL 2, TAX MAP 130~ ~ '
2JZ6
LOT Z6
2.675 ACS.
LOT 25
\ 2.150 Acs.
\
12
Z.Oa9 Acs.
LOT 13
2. ll8 Acs.
2.246
VICINITY SKETCH
LOT 24
2.~47 ACS.
LOT 2~
Z,481 ACS.
LOT 22
LOT 21
LOT 15
Z,191 ACS.
LOT 20
2.124 ACs.
3~ LOT
~ " 2.147 ACS.
\
~1 , 440.99
LOT 16 ', ~ /'
Z.50! ACS. ./"
LOT 18
3.0,4~ ACS,
'k'45~/~. LOT I7 .. ,~.
Z.i~.7 ACS.
SUBDIVISION PLAT SHOWING *' ~ ~" '//, ] ~.. :* /
LOTS e - 26 -t~ ~0 '~,-~:.,.- ......
TOTIER HILLS "
SCOTTSVILLE MAGISTERtAt. DISTRICT .-;-'" '
ALBEMARLE COUNTY, VIRGINtA
SCALE I" = 200' SEPTLA*~[~ ~R to~ W m
· ' 't~-'-w4 '~L ",~--': .......
-.. , ~, · ........ 'fE..~..-..-->~--
F~ST FLOOR PLAN
two !,tr.~c vt.'hict~'.v crud Ic, t.; e~ storage/shop.
SEC~D FLOOR 'PLAN
~f...."'~',~ '~ ~.
CROSS.SECTION
ATTACHMENT B
ALBEMARLE COUNTY CODE
ATTACHMENT C
only with the approval of the director of planning and community development; (ii)
screened from all lot lines either by the terrain, existing structures, existing
vegetation, or by added vegetation approved by the department ofplarming and
community development's landscape planner.
(§ 5.1.40, Ord. 01-18(9), 10-17-01)
5.1.41 PARKING LOTS AND PARKING STRUCTURES
(Added 2-5-03)
A site plan shall be required for each parking lot and parking structure, unless the requirement is
waived as provided in section 32.2.2.
(Ord. 03-18(1), 2-5-03)
52. HOME OCCUPATIONS
5.2.1 CLEARANCE OF ZONING ADMINISTRATOR REQUIRED
Except as herein provided, no home occupation shall be established without 'approval of the
zoning administrator. Upon receipt of a request to establish a home occupation, Class B, the
zoning administrator shall refer the same to the Virginia Department of Highways and
Transportation for approval of entrance facilities and the zoning administrator shall determine the
adequacy of existing parking for such use. No such clearance shall be issued for any home
occupation, Class B, except after compliance with section 5.2.3 hereof. (Amended 3-18-81)
5.2.2 REGULATIONS GOVERNING HOME OCCUPATIONS
5.2.2.1 The following regulations shall apply to any home occupation:
Such occupation may be conducted either within the dwelling or an accessory structure, or
both, provided that not more than twenty- five (25) percent of the floor area of the dwelling
shall be used in the conduct of the home occupation and in no event shall the total floor area
of the dwelling, accessory structure, or both, devoted to such occupation, exceed one thousand
five hundred (1,500) square feet; provided that the use of accessory structures shall be
permitted only in connection with home occupation, Class B;
There shall be no change in the outside appearance of the buildings or premises, or other
visible evidence of the conduct of such home occupation provided that a home occupation,
Class B, may erect one home occupation Class B sign as authorized by section 4.15 of this
chapter. Accessory structures shall be similar in facade to a single-family dwelling, private
garage, shed, barn or other structure normally expected in a rural or residential area and shall
be specifically compatible in design and scale with other development in the area in which
located. Any accessory structure which does not conform to the setback and yard regulations
for main structures in the district in which it is located shall not be used for any home
occupation;
There shall be no sales on the premises, other than items hand crafted on the premises, in
connection with such home occupation; this does not exclude beauty shops or one-chair
barber shops;
do
No traffic shall be generated by such home occupation in greater volumes than would
normally be expected in a residential neighborhood, and any need for parking generated by
the conduct of such home occupation shall be met offthe street;
e. All home occupations shall comply with performance standards set forth in section 4.14;
18-5-22.3
Zoning Supplement #25, 2-5-03
ALBEMARLE COUNTY CODE
f. Tourist lodging, nursing homes, nursery schools, day care centers and private schools shall
not be deemed home occupations.
5.2.2.2 Prior to issuance of clearance for any home occupation, the zoning administrator shall require the
applicant to sign an affidavit stating his clear understanding of and intent to abide by the foregoing
regulations.
(12-10-80, § 5.2.2; Ord. 01-18(3), 5-9-01)
5.2.3 CERTAIN PERMITS REQUIRED
No home occupation, Class B, shall be established until a permit shall have been issued therefor.
The provisions of section 5.2.1 of this ordinance shah apply hereto, mutatis mutandis.
5.2.4 REVOCATION
The zoning administrator may revoke any clearance or permit issued pursuant to this section, after
hearing, for noncompliance with this ordinance or any condition imposed under the authority of
this section.
18-5-22.4
Zoning Supplement #25, 2-5-03
September 30, 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
Jim Gates
Greenwood Country Store, LLC
750 Green Lane
Faber, VA 22938
RE: SP-03-60 Greenwood Country Store, Gift, Craft & Antique (Sign #48)
Tax Map 54, Parcel 55
Dear Mr. Gates:
The Albemarle County Planning Commission, at its meeting on September 23, 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:
1. Parking shall be configured as shown on the concept plan in Attachment A, labeled Greenwood
Country Store Concept Plan Revised SP-03-60, and. dated September 2003.
2. Hours of operation shall .not exceed Sunday through Saturday, 7:00 a.m. to 8:00 p.m.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on October 15, 2003. Any new or additional information regarding your
application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your
scheduled hearing date.
If you should have any questionsor comments regarding the above noted action, please do not hesitate
to contact me (434) 296-5823.
Sincerely,
cDowell
Principal Planner
JM/jcf
Cc.'
Ella Carey
Amelia McCulley
Jack Kelsey
Steve AIIshouse
02-10-03Al1:11 RCVD
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
Steven Biel
September 23, 2003
October 8, 2003
SP 2003,060 Greenwood Store
Applicant, s Proposal: The applicant is requesting appreval of a special use permit to
allow for a g irt, craft, and antique store to operate in the existing historic Greenwood
Store (Attachment A). The building is currently occupied with an artist studio and has
been previously approved for a country store. Of the building's approximate 3,675 total
square footage, the art studio uses 960 square feet and the country store would use 484
square feet. The gift, craft, and antique store use would be combined with the artist
studio for a total of 2,442 square feet. There is also a second floor, 3-bedreom apartment
that is currently occupied.
Hours of operation would be 7:00 a.m. to 7:00 p.m., seven days a.week. There would be
one employee that would run the country store and the gift, craft, and antique store use.
The artist would work in the studio no more than a couple days a week.
Petition: Request for special use permit to allow a gift, craft, and antique store in an
existing structure, in accordance with Section 10.2.2(36) of the Zoning Ordinance that
allows for gift, craft, and antique shops. The property, described as Tax Map 54, Parcel
55, contains .537 acres, and is zoned PA, Rural Areas. The preposal is located at 7572
Greenwood Station Road (Route 690), appreximately 200 feet east of the Route
690/Route 691 intersection, in the White Hall Magisterial District. The Comprehensive
Plan designates this preperty as Rural'Areas in Rural Area 3.
Character of the Area: in addition to the country store building there is a one-story block
building located approximately 40 feet to the rear of the store building that is
approximately 4,200 square feet and being used as a warehouse to store antique
fumiture and other items. The adjacent parcel to the west contains a residential dwelling,
the parcel to the east contains the Greenwood Elementary School, and the Greenwood
Post Office is located on the south side of Route 690 (Attachment B).
Plannin_cl and Zonin_a History: A zoning variance was appreved in 1983 (VA 1983-074)
to allow relief from Section 10.4 of the Zoning Ordinance to allow a lot to have .537 of an
acre to establish two uses, a variance of 3.463 acres.
A special use permit was approved in 1983 (SP 1983-064) to allow for a country store
with conditions. Any appropriate conditions would be carried over to this request if
approved.
There is currently a violation on this site. A portion of the 1-story block building to the
rear of the property is being used as a warehouse and not permitted in the RA zoning
district. If this special use permit is appreved, the applicant could use the storage
building for any use in the store building, such as storage or an artist studio. A Zoning
Clearance was issued on August 22, 2003 to allow the country store use to restart in a
portion of the store building, allowing the site has been partially breught into compliance.
Enforcement preceedings are currently underway, and will continue, until compliance is
gained. The Zoning Department has confirmed that the violation is not within the building
subject to this special use permit (SP-03-60). Section 31.2.3.2 of the Zoning Ordinance
allows a Zoning Compliance Clearance for separate premises or structures. Therefore,
Greenwood Store 1
9/11/03
01
the SP 03-60 may be allowed to continue processing, as the building with the violation is
not the building subject to the special use permit.
Comprehensive Plan: The Comprehensive Plan identifies this site and surrounding area
as being located in the Rural Areas. The Historic Resources section of the
Comprehensive Plan encourages re-adaptive uses of historic buildings.
The'Albemarle County Histodc Preservation Committee has drafted a position statement
on Albemarle County's historic country stores. In it, they make recommendations for the
protection of country stores - a category of histodc-resources located in the County.
They state, "These once vibrant structures are still a potent symbol of a rural way of life
and are a significant part of our shared heritage." Staff is also drafting recommendations
for the Rural Areas section of the Comprehensive Plan regarding adaptive re-uses of
historic structures in crossroads communities.
RECOMMENDATION: Staff has reviewed this request for compliance with the provisions
of Section 31.2.4.1 of the Zoning Ordinance and recommends conditional approval of SP
2003-060.
STAFF COMMENT: Staff will address each provision of Section..31.2.4.1 of the Zoning
Ordinance:
The Board of Supervisors hereby reserves unto itself the riqht to issue all special
use permits permitted hereunder. Special use permits for uses as provided in this
ordinance may be issued upon a finding by the Board of Supervisors that such use
will not be of substantial detriment to adjacent property.
This proposal would not be a substantial detriment to adjacent properties. The residential
dwelling to the west was built in 1925, well after the country store was built. Staff
believes this residence and other residential dwellings in the immediate area of the store
as well as the elementary school are part of the history of the immediate surrounding
area and would, not be adversely affected by this proposal. The Greenwood Store
contributes to the defining character of the Greenwood community,
that the character of the district will not be changed therebyt
The GreenwoOd area was among the first permanently settled area in Albemarle County.
The country store is one of the oldest business establishments in western Albemarle
dating back to the 1880s. It was gutted by fire in 1955 and rebuilt in the same year. The
store wasodginally known as Young Brothers Country Store.
The Counys Histodc Village Survey findings recommend the potential for a Greenwood
Rural Historic District that includes the communities of Greenwood/Country Store,
Greenwood Depot,. and Newtown, as well as the surrounding farms and estates.
Additionally, the survey recommends that boundaries for this district are defined and the
district nominated to the National Register of Historic Places and the Virginia Landmarks
Register.
Until the elementary school closed in 1984, the store was at one =time very much the focal
point of the Greenwood community. The store has provided a service that is specifically
utilized in the surrounding community. Staff is encouraging re-adaptive uses of
Greenwood Store
9/11/03 2
historically significant structures in the crossroads communities of the County. It is the
opinion of staff that the proposed uses would not result in any increased levels of activity
on the site that would be inconsistent with the character of the area and the historic
pattern of use on this property.
and that such use will be in harmony with the purpose and intent of this ordinance,
Staff has reviewed the purpose and intent as contained in Chapter18, Sections 1.4, .1.5,
and 1.6 of the Albemarle Zoning Ordinance. In the opinion of staff, the proposed uses
would not conflict with the purpose and intent as described in the Zoning Ordinance.
with the uses permitted by r~qht in the district~
This use would not prevent by-right use of the adjacent properties.
with additional re.qulations prOvided in Section 5.0 of this ordinancef
- Section 5.0 does not apply to gift, craft, and antique stores.
and with the public health, safety and .qeneral welfare.
The public health, safety, and general welfare of the community is protected through the
special use permit process, which assures that uses approved by special use permit are
appropriate in the location requested.
The Department of Building Code and Zoning Services and Department of Engineering
have both reviewed this proposal. The applicant revised their concept plan (Attachment
A) to address parking issues raised by the Department of Building Code and Zoning
Services. The country store use would require 2 parking spaces. The other 6 parking
spaces shown in front of the store would be used for the gift, craft, and antique store use.
The 2 parking spaces behind the store are for the apartment use. The structure locations
and parking spaces on the site are existing and nonconforming~ 'As such, they would be
permitted to continue in use without applying current setbacks.
The Department of Engineering has recommended that the applicant redesign the
parking area and travel ways on the site to separate the parking spaces from Route 690
with a curbed, grassed, island, per Section 18-4:12.15.h., f. of the Zoning Ordinance, and
a standard commercial entrance. When SP 1983-064 was approved in 1983, the Virginia
Department of Transportation reviewed the existing entrance. VDOT did not offer any
comments on the proposed application. While staff shares the Engineering Department's
concern regarding the safety of the parking area, the scale of the building and the
proposed uses lessen the need to apply strict standards. A separation between the
parking stalls and the street could be accomplished through the use of barrels topped
with landscape materials located every few feet across the frontage si milar to those used
by the Lange store in Alton (SP 97-38), as a solution to the Engineering recommendation
for a separation. Again, the limited uses on the property and the exiting site constraints
may not lend themselves to strict engineering standards for a commercial driveway. As
the exiting driveway was approved by VDOT, a commercial driveway may not be
determined to be a vital necessity by the Commission. However, a condition of approval
could be offered by the Commission to address both the separation and the commercial
ddveway issues.
Greenwood Store 3
9/11/03
03
The Health Department had no significant concerns but did note that the bathroom shown
on the concept plan should be for employees only.
SUMMARY:
Staff has identified the .following factors favorable to this application:
The proposed uses would help maintain the commercial viability of the
Greenwood Store. The store has played an important role in the Greenwood
community and the County as a historic and cultural resource.
The store would provide a service to the surrounding area.
The site has been used for a store since the 1880's.
The limited uses would not create negative impacts on the surrounding
community.
Staff has not found any factors that are unfavorable to this request.
RECOMMENDED ACTION:
Based on the findings contained in this staff report, staff recommends'approval of SP
2003-060 with the following conditions:
1. Parking shall be configured as shown on the concept plan in Attachment A, labeled
Greenwood Country Store Concept Plan Revised SP-03-60, and dated September
2003.
2. Hours of operation shall not exceed Sunday through Saturday, 7:00 a:m. to 8:00 p.m.
Attachments:
A - Application and Concept Plan, labeled Greenwood Country Store Concept Plan
Revised SP-03-60, and dated September 2003'
B - Location Map and Tax Map
Grccnwood Store
9/11/03 4
county of
Application for Special Use Permit
ATTACHMENT A
{-staff will a~ist you with thr.~ irons)
Number of act, s. m ~ cov~d, by Spe~l U~ P~t~ ~,~,~~,.~ .
~ a~ nn amend~t to an ~is~ng S~ Use Pe~it7 . ~ Y~No .
~Are you ,~nit~n= a ~te dev¢lopment ptan
Con=ct Person ~wh~n shoutd ~ ~-mc ~n~min~ the pm~a~}:
Address ~0 ~~
Address ~ ~~
IDaytimePhone'(~4) Z~ ~( F~4~ Z~4~ql ~-nmH
Ap pliant CWho ~ ~hc ~a~= ~.on mpr~cmmg~ Who is r~u=tinc thc spcci~ u~:
~mddress 7~ ~~
Daytime Phone (~) ~ & ~q I Fax ~ 4~ ~~6~1 E-mail
axand parcel ~
ma~
State W~t' Zip
E-mail
Starer ~ Zip
w 9
Does thc owner of this property own (.or have any o ncrship interest in) any ab~stting property. If y.e.s, please list
those tax map and parCet numbers 'r M ~'4- ~l~,~,t.. ~:F"~"
History: ~po:ial Usc Permits: _ 7.MAs and Proffers:
0 Letter Of Authorization -. .....
401 Mctntire Road ':' Charlottesville, VA 'r~90'~ ':' Voice: 296-5832
Section 31.2.4.1 of the Albemarle County Zoning Ordinance states that, "The board of supervisors
hereby reserves hmo itself the right to issue all special :-use permits permitted hereunder. Special use
permits for uses as provided:in this ordinance maybe issued qpo, n a finding.by, the board of supervisors
that such 'use' Will hot be of i~bsta~tiil detriment'tO adjacent property, that the character of the district
wil! not be ..chan_~.cd, thereby a~.d. that such use will .be in harmony witltthe purpose and intent of this
ordinancc, with the uses permitted by right in the district, with additional regulafio~ provided in. section
5.0 of this ordinance, and .with thi ~public herdth, safety and general welfm, e:
The items which follow will be reviewed by the staff in their analysis of yom' req est. PI~ complete
this form and provide additional information which Will assist the County in its review of your request.
If you need assistance filling out these items, staff is available.
What is thc Comprehensive Plan designation for this property? ~. ~
How will thc proposed special use affect ~djacent property?
H~wwi~t~u:prop~scdspecia~us¢a~ectth~charact¢r~fthedistdctsurr~undingthcpr~perty~ I 'r' /.~t/,,, L,
HowisthauscinharmonywiththcpurposcandintcntofthcZoningOrdinanc~.? .~. ~*OOt~"?lt,"'/
How is thc usc in harmony with thc uses permitted by right in thc district? i"/" I/~ tA.J
What .~ddifional rc§ulation$ providcd in Section 5.0 of thc Zonin§ Ordinance apply to this usc?
How will this usc promote thc public hcalth, safcty, and gcncral wclfare of thc community?
2
Describe your request in detail and include all pertinent information such as the numbe= of persons
involved in the use, operating hours, and any unique features of the use: TO O~:~t) ~t ffoO~-~.~
ATTACHMENTS REQUIRED - provide two(2) copies of each:
Recorded plat or boundary survey of the property requested for the rezoning. If there is
no recorded plat or boundary survey, please provide legal description of the property and
the Deed Book and page number or Plat Book and page number.
Note: If you are requesting a special use permit' only for a portion of the property, it
needs to be described or delineated on a copy of the plat or surveyed drawing.
Ownership information - If ownership of the property is in the name of any type of legal
entity or organization including, but not limited to, the name of a corporation, partnership
or association, or in.the name of a trust, or in a fictitious name, .a document acceptable to
the County must be submitted certifying that the person signing below has .the authority
to do so.
If the applicant is a contract pumhaser, a document acceptable to the County must be
submitted containing the owner's written consent to the application.
If the applicant is the agent of the owner, a documen,t acc?ptable to the County must be
submitted that is evidence of the existence and scope of the agency.
OPTIONAL ATTACHMENTS:
Drawings or conceptUal plans, if any.
Additional Information, if any.
I hereby certify that I own the subject.property, or have the legal power to act on behalf of the owner in
filing this application. I also certify'that the information provided is true and accurate to the best of my
knowledge.
Printed flame
Date
Daytime phone number of Signatory
O8
, PCL. 55A
)R SHARON B. FO~
~2, PG. 080
WOVEN W1EE
FEN~
ENCROACHES ONTO
PN~- 55A +/- O.g'
T.M. 54, PCL. 54.
N/F COUNTY OF ALBEMARLE
D.B, 930. PO. '712
PAVED ALLEY ErI~L
POST,"~ ·
I.P,F,. · $4.1',38'20"E 101,33' · '
1 STORY BLOCK
BUILDING
CHNN UNK
FENCE CONCRETE
0.53? .kC. '
WOODEN DECK
&
CONCRETE SI.AB
)TE' SLAB ENCROACHES
3.4' ONTO PAECEL
2.24.'
WOODEN
PUMP FENCE
2 STORY BRICK
BUILDING
W/ BASEMENT
I.R,F.
PAVED
PLAYGROUND
1,15'
Ill
CONCEEI~
STONE
CURB'"'-,,,.,~
DROP
INLET
COVERED
CONCR[11[
25.00'
101
CONCRETE
ISLAND
CONCRETE
kR.F.
UJ~.
25.00'
STATE ROUTE 690 ..~..; &.··: ·. ·
Area of Interest
Tax Map 54
Parcel 55
Min?Springs
La[~e
RD
Beaver Cr,
Reservoir
0
0
Lake
Albemarl~
Charlottesville ( ~
Reserv,~
LANDS ~.
(29) '"
Prepared by Albemarle County
Office of Geographic Data Se~wfces(GOSI
Map created July 2003
~ote The map elements~d are graphic representations and
ar~,to be construed c~ ~?as a legal description
SP 2003-060
GREENWOOD STORE
0 8, 000 16, 000 24. 000
I
Post Office
?
Block
Building
Residences
Prepared by Albamade County
Office of Geographic Data Services(GDS).
Map created July 2003.
Note,* The map elements depicted are graphic representations and
ara not to be construed or used as a legal description.
III
SP 2003--060
GREENWOOD STORE
100 200
Feet
300
Philip A. Schucet
COMMISSICNER
COMMONWEAL TH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
701 VDOT WAY
CHARLOTTESVILLE VA 22911
JAMES L. BRYAN
RESIDENT ENGINEER
October 9, 2003
Michael Barnes
Dept. of Planning & Community Development
401 Mclntire Road
Charlottesville, VA 22902
Subject:US 29 Signal proposed for Albemarle Place Town Center
The purpose of this letter is to present VDOT's position on the crossover and signal on US-29 proposed
in conjunction with the Albemarle Place Town Center development. The analysis submitted by the
developer's consultant suggests~that signal could be installed without reducing US 29 green band width
in the near term~ This meets the stud~Cs objectives, however it does not provide information about
corridor operations in the long term, particularly once other approved developments along the US 29
corridor are built.
The installation of a signal on spacing of less that 1500' is contrary to accepted traffic engineering
principles, and the adverse effects of spacing less than 1.500' are well documented in traffic engineering
literature. In addition, studies indicate that longer signal spacing allow traffic engineers to be more
flexible in adjusting timing plans to account for increases in traffic as the region grows. The
Department is therefore reluctant to risk compromising the mobility of a National Highway System
route. We are also reluctant to reduce our flexibility in managing the signal system under changing
traffic patterns by deviating from accepted principles and practices regarding signal spacing.
We recommend a right-in and right-out access point at the proposed location be constructed at this
time. As the site develops, VDOT staff will monitor corridor operations and confirm some of the
underlying assumptions, such as the trip generation and traffic patterns, of the traffic analysis that was
submitted in support of the signal. 'It also remains to be determined if and when the proposed
Albemarle Place Town Center may access the existing signal at Seminole Ct. Under this scenario, an
additional crossover and signal at the proposed location will not be necessary.
TRANSPORTATION FOR THE 21sT CENTURY
' Albemarle Place Town Center Signal Comments
October 9, 2003
Page 2 of 2
If in the future, VDOT staff determines that a signal at this location will improve the mobility of the
National Highway System, we will request that the developer construct the crossover and signal as
proffered.
If there are any questions or, concems, please advise.
Sincerely,
Matthew C. Grimes, EIT
Transportation Planning Engineer
cc via email Glenn Brooks
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE: Albemarle Place ZMA 01-07 -
Proffer Status
SUBJECT/PROPOSAL/REQUEST:
Request to rezone 63.7 acres from C-1 (Commercial) and
LI (Light Industry) to NMD (Neighborhood Model District) to
allow a 1.8 million square feet mixed-use development.
The properties, described as Tax Map 61W-3 Parcels 19A,
19B, 23, and 24, are located in the Jack Jouett Magisterial
District at the corner of Hydraulic Road (Route 743) and
Route 29 North. The Comprehensive Plan designates this
property as Regional Service in Neighborhood 1.
STAFF CONTACT(S): Mr. Barnes; Mr. Cilimberg
AGENDA DATE: ITEM NUMBERS:
October 15, 2003
ACTION: INFORMATION:
CONSENT AGENDA:
ACTI O N:
INFORMATION:
ATTACHMENTS:
Yes
REVIEWED BY: Cilimberg
Back.qround
On September 2nd, the Planning Commission held a public hearing on the Albemarle
Place rezoning request (ZMA 01-07). The Commission recommended approval of the
request conditioned on the completion of the proffers to staff's satisfaction and
resolution of several minor issues with the Code of Development.
Albemarle Place is scheduled for a public hearing on October 22nd, but Board
requested a status report on the proffer negotiations for its October 15th meeting. This
executive summary provides that proffer status report. The ~'ssues surrounding the
Code of Development are being finalized and a separate executive summary explaining
these issues will be provided to the Board's public hearing.
Analysis of the Proffers
With the exception for portions of proffers 9 and 10, staff believes the proffers, as
currently offered, address issues related to this development. Staff continues to work
with the applicant on those proffers for which there are differences.
Below staff has provided a summary of each proffer's intent and a brief analysis of the
issues related to that proffer. For the Board's convenience, the proffers where staff and
the applicant disagree are in bold.
1. Phasing of Albemarle Place Improvements:
Intent: The applicant has proffered to start the road, utility and landscaping
infrastructure for the southern third of the project (Blocks A through D) with first site
plan.
Analysis: Staff believes that the commitment to the basic infrastructure combined
with the restrictions set forth in the Application Plan and the Code of Development
are sufficient enough to ensure that the applicant will initiate the mixed-use
component first. Staff believes that the mixed-use portion is the most important part
of this proposal.
09-10-03A09:55 RCVD
2. Community Development Authority (CDA) Participation:
Intent: The applicant has proffered the participation of the commercial parcels in
a CDA.
Analysis: Staff believes that Albemarle Place's participation in a CDA is a critical
component in the funding of infrastructure improvements.
3. Cash Proffer for Route 29 Regional Transportation Study and Official Map:
Intent: The applicant has proffered to contribute $100,000 dollars in cash
towards the Route 29 regional transportation study.
Analysis: Contributions towards a regional transportation study from the State, the
local jurisdictions, and the private sector are critical if the estimated $1 million study
is to be completed within a reasonable time period. The staff believes the
applicant's contribution will be extremely valuable to getting the study completed.
4. Cash Proffer for City of Charlottesville Traffic Calming Improvements:
Intent: The applicant has proffered to offset cut-through concerns raised by the
Commission and the City in the Meadows Neighborhood. The applicant is
proposing to design and construct traffic calming improvements not to exceed
$10,000.
Analysis: Staff believes that the impacts to the Meadows Neighborhood will be
lessened through the combination of signal controls at the proposed Cedar Hill, a
median in Hydraulic Road in front of the project's Swanson Road entrance, and with
the $10,000 in improvements (equivalent to a couple of speed bumps).
5. Cash Proffer for Charlottesville Transit Service Commercial Corridor "Jitney
Service":
Intent: The applicant has proffered to provide seed money towards the operation
cost for a shuttle service ($20,000 per year for 5 years or 20% of the costs) if the
County, City, CTS, and/or other private entities can fund the remainder of the costs.
Analysis: CTS has agreed to the concept of a free or fee-based "shoppers trolley",
similar to the trolley that operates between UVA and the Downtown Mall, could be
run between the various shopping centers along Route 29. This transit service
would increase the frequency of service within this area, increase the likelihood that
shoppers would visit store within multiple shopping centers, and reduce traffic. It is
important to note that, if this trolley is to become a reality, a significant amount of
work will be required by the County and CTS to establish this service.
6. Cash Proffer for Capital Improvements:
Intent: The applicant has proffered a total of $1.5 million towards the County's
capital improvement projects for the project's first 250 dwelling units. This $1.5
million will be provided in three portions. The first portion ($375,000) will be
provided with the approval of the first site plan. The second portion ($375,000) will
be provided with the certificate of occupancy for the first residential dwelling unit.
The final portion ($750,000) will be provided on a pro rata basis for the first 250
residential dwelling units at a rate of $3,000 per dwelling unit.
In addition to the $1.5 million for the first 500 dwelling units, the applicant has
proffered to provide $3,000 per unit for each unit in excess of the first 500.
Analysis: The Code of Development allows for a maximum of 800 dwelling units.
Thus the proffer will provide a minimum of $1.5 million, but could provide as much
as $2.4 million if all 800 dwelling units are built. Staff anticipates the money going
towards purchase of and/or improvements to County-owned green spaces,
construction of sidewalks, and/or transportation improvements as the primary
capital improvement projects needed in this area.
Construction and Phasing of Frontage Improvements on Route 29:
Intent: The applicant has proffered to provide all of the at-grade road
improvements that were proposed in their traffic study that are on their property.
Analysis: Staff believes that these improvements are necessary and should be
provided as part of this proposal (Proffer Exhibit F, Attachment A).
Construction and Phasing of Off-Site Improvements on Route 29:
Intent: The applicant has alSo proffered to provide all of the at-grade road
improvements that were proposed in their traffic study, but are not on their property,
if adequate right-of-way is available (Proffer Exhibit F, Attachment A).
Since a portion of these "off-site" improvements are in the County and a portion are
in the City, the proffer has been split into two sections (a and b). The "a" section
provides for the improvements within the County. The "b" section pertains to
improvements within the City.
Analysis: These improvements are also a part of the "interim improvements" that
will prolong the viability of the Hydraulic/Route 29 intersection. Unlike in the
previous proffer, neither the applicant nor VDOT controls all of the right-of-way
required to make these "off-site" improvements and the exact extent of the problem
cannot be fully understood until final engineering that will take place at the site plan
stage. The off-site areas fall into three categories:
A) In front of the Comdial and Sperry factories. While not completely clear, there
appears to be Sufficient VDOT right-of-way in front of the factories and the
implementation of the off-site improvements should not be a problem.
B) In front of the 7'-11 store at the corner of Hydraulic Road and Route 29. There is
definitely not room in front of this store for the proposed improvements. In
addition, all of the long-range intersection redesign concepts propose using the
7-11 property. Therefore, it appears that the 7-11 property will need to be either
purchased or condemned either in the near-term to allow for the "interim
improvements" or in the long,term to allow for a grade separation of the
intersection.
The following options are possible: 1) the applicant continues to try to purchase
the property, 2) the County or the State condemns the property and the applicant
reimburses the public body, or 3) these particular interim improvements are not
installed.
c)
In proffer 8 subsection A, the applicant has proffered to design and build the
necessary' interim improvements if the County purchases or condemns the
property within 18 months of final site plan approval. Additionally, the applicant
has agreed to reimburse the County for all costs associated with the purchase or
condemnation.
Areas within the City. Right-of-way will likely need to be acquired within the City
for the additional continuous-turn lane starting at the Hydraulic intersection and
continuing northbound on Route 29 to the Greenbrier intersection and at the
proposed signal at the Cedar Hill Road/Hydraulic Road Intersection. If the City
or private property owners in the City do not provide the necessary right-of-way
or if the City does not approve the road design, then the applicant will be unable
to install either the continuous turn-lane or the proposed signal.
In proffer 8 subsection B, the applicant has proffered to design and build the
road improvements if the City will approve the plans. If the City does not
approve the plans, the applicant will be unable to complete these improvements.
While County staff believes that these road improvements are important, we do
not believe that the applicant should be obligated to complete these
improvements if the City does not grant their approval. To date, the City has not
provided official comment on either the proposed road improvements or the
proffers.
Dedication of Land for Future Regional Route 29/Hydraulic Road Intersection
Improvements:
Intent: The applicant has proffered to provide two sections of their property
behind the 7-11 store for right-of-way for the future grade-separation of the
Hydraulic/Route 29 intersection. The first section is dedication of land with a 10-
year sunset clause (See "Area A" in the diagram). The second section, "Area B", is
dedicated in the next proffer with conditions.
Analysis: The 29H250 Taskforce's conceptual
design proposed taking both Areas A and B (See
Attachment A). The applicant is willing to provide
a portion of their site for the future intersection;
however, they do not have a high degree of
confidence in the 29H250 conceptual design and
believe that ultimate design will use a smaller
amount of area. Therefore, they are willing to
dedicate "Area A' with the rezoning and whatever
portion of "Area B" is required once the conceptual
design has been refined and agreed upon.
Staff is confident that additional right-of-way will be needed to construct and
complete any grade separation of the Hydraulic/Route 29 intersection. Staff is very
concerned with clause in this proffer that requires the County to have the
intersection under construction by 2015 or the proffer is null and void. Staff believes
that "Area A" should be dedicated without conditions or, at a minimum, that the
construction sunset should be 2025. Staff also believes that the applicant needs to
provide a clearer definition of exact dimensions of the area that they are willing to
dedicate.
10. Reservation and Dedication of Additional Land for Future Route 29/Hydraulic
Road Intersection Improvements:
Intent: As stated above, the applicant has proffered to provide two sections of
their property behind the 7-11 store for right-of-way for the future grade-separation
of the Hydraulic/Route 29 intersection. However, they are only willing to grant "Area
B" or a portion thereof with the following conditions:
a. The County will establish the limits of the improvement by adopting an Official
Map for the project into the Comprehensive Plan by December 31,2007 or the
proffer area is released back to the applicant.
b. In the event that the Official Map design does not require all of "Area B", the
residual portion will revert back to the applicant.
c. The land dedicated in condition b. above will revert back to the applicant, if the
construction of the Hydraulic/Route 29 intersection has not commenced by
October 15, 2015.
d. Any design for the future Hydraulic Road/Route 29 not impair safe and adequate
access at the planned Albemarle Place entrance at Swanson Road and
Hydraulic Road and that the existing vertical and horizontal geometric
characteristics at the existing Swanson Road/Hydraulic Road intersection be
maintained in their present configuration.
Analysis: Staff believes that the amount of area proposed to be dedicated in "Area
B" is sufficient. Furthermore, staff is willing to recommend that the County agree to
a reasonable timetable for arriving at a design and adopting an Official Map for the
intersection improvement so that the applicant can fully develop the unused portion
of their development. Staff believes that either 2007 or 2009 are a reasonable
deadline for the adoption of the Official map. However, staff is very concerned with
condition c. in this proffer that requires the County to have the intersection under
construction 2015 or the proffer is null and void. Staff believes that portion of Area
B that is included within the Official map should either be dedicated without
conditions or, at a minimum, that the construction sunset should be 2025. Staff also
believes that the applicant needs to provide a clearer definition of exact dimensions
of the area that they are willing to dedicate.
11. Signalization Proffer for Hydraulic Road and Route 29 Intersections: -
Intent: The applicant has proffered to design and construct the proposed signals
at the intersections of Cedar Hill/Hydraulic and the 4th Street/Route 29 (a.k.a. the
proposed Post Office Light).
Analysis: Staff believes that these improvements are the applicant's responsibility to
fund. As stated above, staff is concerned that the applicant will need to obtain dght-
12.
13.
of-way from the City or City residents to install both of these intersection; however,
this is an issue for the applicant to resolve. Additionally, VDOT is concerned about
the proposed 4th Street/Route 29 signal; however, it appears that VDOT will not
make a final decision on the proposed signal until a site plan application is
submitted.
Corn monwealth Drive Connection:
Intent: The applicant has proffered to fund and build a connection from the
northwestern corner of their property (Block F) to Commonwealth Drive, if the
necessary easements across the Comdial Property are provided at no cost to the
applicant.
Analysis: Staff believes that a connection to Commonwealth Drive is important, but
is unsure that the connection is viable in the location proposed because the
applicant does not have any easement or right-of-way.
Other "Super Block" Street Connections:
Intent: The applicant has proffered the right for future interconnections between
their property and surrounding properties. These interconnections will allow direct
access to Commonwealth Drive if the duplex properties along this street redevelop,
to Greenbrier if the Comdial Factory's proposed rezoning is approved, and to the
existing stoplight on Route 29 if the Sperry Factory redevelops.
Analysis: Staff believes that these interconnections are critical elements in the effort
to create an urban grid network of streets that will more efficiently disperse traffic.
Attachments
A. The 29H250 design's impact on Albemarle Place and Area A and B which will be
reserved by the applicant for the grade separation of the intersection.
29H250 De,,'
n and Areas Res~
/
/
/
I
Legend
29H250 Proposed Design
~ "Area A"
~ "Area B"
~ Buildings