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HomeMy WebLinkAbout2003-07-09 ACTIONS Board of Supervisors Meeting of July 9, 2003 July 16, 2003 AGENDA ITEM/ACTION Call to Order. · Meeting was called to order at 3:30 p.m., by the Chairman, Lindsay Dorder and Will Rieley. All BOS members present. Presentation: Crozet Neighborhood Master Plan, Consultant's Final Report. ADOPTED a Resolution of Intent to amend the Comprehensh/e Plan. Call to Order. Meeting was called to order at 6:00 p.m., by the Chairman. All BOS members present. Also present wore Bob Tucker, Larry Davis, David Benish and Georgina Smith. 8. From the Public: Matters not Listed on the Agenda. · Preston Coiner, of Coiners' Scrap Iron and Metal expressed concerns about the County's curdside recycling program. · Jeff Wimsett, a resident of Gilbert Station Road, expressed concerns about the paving of this road. · Kelvin Hawkins, representing St. John's Baptist Church, asked the Board to expedite their special use permit request. · Robert Couch, Jr., owner of A & W Collectibles located on Route 250, spoke about the roadwork being done on Route 250 East and how it is affecting his business. He said that he should get some compensation for the loss of income due to the road being closed longer than it was expected to be. The Board urged VDOT to expedite their work due to the impact the road closure is having on businesses that depend upon Route 250 East. · Annette Jareb also expressed concems about VDOT's closure of Route 250 and the affect it is having on businesses. 9.2. Set public headng for August 6, 2003 on a request to amend the Albemarle County Service Authority service area boundaries for water and sewer to Tax Map 56, Parcel 86, Lots 14 and 15 (Barry Easter). · SET public hearing for August 6, 2003 to consider providing public water and sewor to the site. 9.3. Set public hearing for August 6, 2003 to consider granting proposed easement to Dominion Virginia Powor across Tax Map 61 Parcel 28. · SET public hearing for August 6, 2003 to consider granting the proposed easement. 9.4. Request from George K. Noteman for Military Leave Pay and Benefits (P-83). ASSIGNMENT Clerk: Forward adopted resolution to Planning (Attachment 1) Clerk: Forward comments to VDOT. Clerk: Advertise public hearing for August 6, 2003. Clerk: Advertise public hearing for August 6, 2003. Kimberly Suyes: Proceed as approved. · APPROVED. 10. Public Heating to consider the adoption of an ordinance to amend section 2-101, Jack Jouett Magisterial District, and section 2-106, White Hall Magisterial District, of Article I, Elections, of Chapter 2, Administration of the Albemarle County Code. · ADOPTED the ordinance. 11. Public Hearing to consider authorizing the County to grant the City of Charlottesville a gas line easement across property identified as Tax Map Parcel 91-2E, adjacent to the Monticello Fire Station. · APPROVED the proposed easement. 12. SP-2002-079. Old Trail Golf Club Entrance 13. (Signs #21&51). APPROVED SP-2003-079, by a vote of 6:0, subject to the 5 conditions recommended by the Planning Commission. SP-2003-007, Greenbrier Service Center (Sign APPROVED SP-2003-007, by a vote of 6:0, subject to the 7 conditions recommended by the Planning Commission. 14. SP-2003-018. Olivet Presbyterian Church Amendment (Si.qns ~82&86 · APPROVED SP-2003-018,by a vote of 6:0, subject to the 8 conditions recommended by the Planning Commission and amended at the Board meeting. 15. ZMA-2003-001. Four Seasons proffer Amendment (Signs #63,64&65). · APPROVED ZMA-2003-001, by a vote of 6:0, subject to the proffers signed by Philip G. Wendel, President and signed on May 25, 2003, dated July 9, 2003. 16. SP-2003-017. Four Seasons School Amendment (Siqn #38). APPROVED SP-2003-017, by a vote of 6:0, subject to the 3 conditions recommended by the Planning Commission. 17. SP-2003-028. Matheny Well Drillinq (Si.qns #57&66). · APPROVED SP-2003-028, by a vote of 6:0, subject to the 4 conditions recommended by the Planning Commission. 18. SP-2003-031. Albemarle County Fire Communications Amendment {Signs #12&13). · APPROVED SP-2003-031, by a vote of 6:0, subject to the 5 conditions recommended by the Planning Commission. 19. SP-2003-032, Albemarle County Fire Department Communications Amendment (Si_~ms #20&22). o APPROVED SP-2003-032, by a vote of 6:0, subject to the 5 conditions recommended by the Planning Commission. Clerk: Forward copy of signed ordinance to the County Attorney's office, Planning and Registrar. (Attachment 2) County Attorney's Office: Provide Clerk's office with a copy of fully signed documents. Clerk: Set out conditions below. (Attachment 3) Clerk: Set out conditions below. (Attachment 3) Clerk: Set out conditions below. (Attachment 3) Clerk: Set out proffers. (Attachment 3) Clerk: Set out conditions below. (Attachment 3) Clerk: Set out conditions below. (Attachment 3) Clerk: Set out conditions below. (Attachment 3) Clerk: Set out conditions below. (Attachment 3) 20. Ivy Creek Aaricultural/Forestal District Review. * ADOPTED the ordinance. 21. From the Board: Matters Not Listed on The Agenda. At the request of Mr. Rooker, Mr. Davis provided the Board with an update on the status of the Hollymead proffers. Sally Thomas · Mentioned the extension of the ACSA water lines in the Ivy area. She asked staff about the jurisdiction for this area. Clerk: Set out below (Attachment 4) Planninq Staff: Provide response. /gak Attachment 1 - Resolution of Intent to amend the Comprehensive Plan. Attachment 2 - Ordinance for Jack Jouett Magisterial Distdct & White Hall Magisterial District. Attachment 3 - Conditions of Approval for Planning items. Attachment 4 - Ordinance Ivy Creek Agricultural and Forestal District. Attachment I RESOLUTION OF INTENT WHEREAS, Section 7 of The Neighborhood Model: Building Block for the Development Areas, a part of the Albemarle County Comprehensive Plan, sets forth Guidelines for Implementation of the Neighborhood Model; and WHE~ the second of these Guidelines states: fund and develop individual Master Plans for the Development Areas; and WHEREAS, the Community of Crozet was selected by the Board of Supervisors on October 17, 2001 as the first Development Area to be master planned, and a Request for Proposals was prepared and awarded for consulting services to assist the County in preparing the master plan in collaboration with residents and other stakeholders; and WHEREAS, after an extensive public involvement process, consultation with property owners and other stakeholders, the Crozet Development Area Master Plan has been completed and presented to the Board of Supervisors and Planning Commission meeting in joint session. NOW, Tmv~REFORE, BE IT RESOLVED THAT for the purposes of fm~er implementing the Neighborhood Model, a part of the Albemarle County Comprehensive Plan, the Albemarle County Planning Commission and Board of Supervisors hereby adopt a resolution of intent to amend the Community of Crozet Profile as included in the Comprehensive Plan, Land Use Plan; and BE IT FURTHER RESOLVED THAT the Planning Commission will hold a public hearing on this resolution of intent, and make its recommendations to the Board of Supervisors at the earliest possible date. Attachment 2 ORDINANCE NO. 03-2(2) AN ORDINANCE TO AMEND CHAPTER 2, ADMINISTRATION, ARTICLE I, ELECTIONS, 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 2, Administration, Article I, Elections, is hereby amended and reordained as follows: By Amending: Sec. 2-101 Sec. 2-106 Jack Jouett Magisterial District. White Hall Magisterial District. See: 2-101 Jack Jouett Magisterial District. The Jack Jouett Magisterial District shall be bounded, and contain voting precincts and polling places, as follows: A. Description of district: Beginning at the intersection of Seminole Trail (U.S. Route 29) and Greenbrier Drive; then northwest on Greenbrier Drive to its intersection with Whitewood Road; then west on Whitewood Road to its intersection with Hydraulic Road (State Route 743); then northeast along Hydraulic Road to its intersection with Earlysville Road (State Route 743); then north on Earlysvitle Road to its intersection with the South Fork Rivanna River; then meandering north and west along the South Fork Rivanna River to its confluence with the Mechums River; then meandering southwest along the Mechums River to its intersection with Garth Road (State Routes 614, 676 and 601); then east and south on Garth Road to its intersection with Ivy Creek; then west and south along Ivy Creek to its intersection with Old Ballard Road (State Route 677); then south along Old Ballard Road to its intersection with Broomley Road (State Route 677); then south on Broomley Road to its intersection with the CSX Railway fight-of-way; then east along the railway to its intersection with U.S. Route 29/250 Bypass; then south along the U.S. Route 29/250 Bypass to its intersection with U.S. Route 250 Business; then east on U.S. Route 250 Business to its intersection with Reed Lane; then south on Reed Lane to Lewis Mountain Parkway; then south on Lewis Mountain Parkway to its intersection with the fire road connecting Edgemont Road and Lewis Mountain Parkway; then south along said fire road to its intersection with Edgemont Road; then south on Edgemont Road to its intersection with McCormick Road; then east on McCormick Road to its intersection with Alderman Road; then south on Alderman Road to its intersection with the limits of the City of Charlottesville; then meandering north and east along the limits of the City of Charlottesville to its intersection with Seminole Trail (U.S. Route 29); then north on Seminole Trail to its intersection with Greenbrier Drive, the point of origin. Bo herein: Voting precincts: The district shall be divided into three (3) voting precincts, as described 1. Belfield Precinct: Beginning at the intersection of Garth Road (State Route 601 ) and Ivy Creek; then west and south along Ivy Creek to its intersection with Old Ballard Road (State Route 677); then south along Old Ballard Road to its intersection with Broomley Road (State Route 677); then south on Broomley Road to its intersection with the CSX Railway right-of-way; then east along the railway to its intersection with U. S. Route 29/250 Bypass; then northeast on U. S. Route 29/250 Bypass to its intersection with the western limits of the City of Charlottesville and Barracks Road, then northwest along Barracks Road to its intersection with Garth Road; then northwest along Garth Road to its intersection with Ivy Creek, the point of origin. 2. Georgetown Precinct: Beginning at the intersection of Seminole Trail (U.S. Route 29) and Greenbrier Drive; then northwest on Greenbrier Drive to its intersection with Whitewood Road; then west on Whitewood Road to its intersection with Hydraulic Road (State Route 743); then south on Hydraulic Road to its intersection with Georgetown Road (State Route 656); then southwest on Georgetown Road to its intersection with Barracks Road (State Route 654); then southeast along Barracks Road to its intersection with the western limits of the City of Charlottesville; then following the Charlottesville City limits north and east to the intersection of Seminole Trail (U.S. Route 29); then north on Seminole Trail to its intersection with Greenbrier Drive, the point of origin~ 3. Jack Jouett Precinct: Beginning at the intersection of Barracks Road (State Route 654) and its intersection with Georgetown Road (State Route 656); then northeast on Georgetown Road to its intersection with Hydraulic Road (State Route 743); then northeast along Hydraulic Road to its intersection with Earlysville Road (State Route 743); then north on Earlysville Road to its intersection with the South Fork Rivanna River; then meandering north and west along the South Fork Rivanna River to its confluence with the Mechums River; then meandering southwest along the Mechums River to its intersection with Garth Road (State Routes 614, 676, and 601); then east and south on Garth Road to its intersection with Barracks Road; then east and south on Barracks Road to its intersection with Georgetown Road, the point of origin. 4. University Hall Precinct: Beginning at the intersection of the U.S. Route 29/250 Bypass and the northwestern city limits; then south with the city limits to its intersection with Alderman Road; then north on Alderman Road to its intersection with McCormick Road; then west on McCormick Road to its intersection with Edgemont Road; then northwest on Edgemont Road to its intersection with the fire road connecting Edgemont Road and Lewis Mountain Parkway; then north on said fire road to its intersection with Lewis Mountain Parkway; then north on Lewis Mountain Pkwy to its intersection with Reed Lane; then north on Reed Lane to its intersection with U.S. Route 250 Business; then west on U.S. Route 250 Business to its intersection with U.S. Route 29/250 Bypass; then northeast on U.S. Route 29/250 Bypass to its intersection with the northwestern city limits, the point of origin. below: Polling places: Each voting precinct shall have a polling place at the location identified Convocation Center. Belfield Precinct:. St Anne's Belfield Lower School, Faulconer Drive, 2. Georgetown Precinct: Albemarle High School, 2775 Hydraulic Road. 3. Jack Jouett Precinct: Jack Jouett Middle School, 210 Lambs Lane. 4. University Hall Precinct: University Hall, 300 Massie Road. (8-19-71, § 1; 9-5-72; 7-15-81; Code 1988, § 6-1; 5-15-91; orcL 95-6(1), 1-11-95; Ord. 98-A(1), 8-5-98, § 2-100(2), § 2-102; Ord. 01-2(1), 5-9-01; Ord. 03-2(2), 7-9-03) Sec, 2-106 White Hall Magisterial District. The White Hall Magisterial District shall be bounded, and contain voting precincts and polling places, as follows: A. Description of district: Beginning at the intersection of the unnamed northern branch of the Mechums River and the Albemarle/Nelson County line; then meandering east along the unnamed branch to its confluence with the Mechums River; then continuing northeast along the Mechums River to its confluence with the South Fork Rivanna River; then meandering southeast with the South Fork Rivanna River to its intersection with Reas Ford Road (State Route 660); then north on Reas Ford Road to its intersection with Bleak House Road (State Route 662); then north on Bleak House Road to its intersection with Buck Mountain Road (State Route 665); then northeast on Buck Mountain Road (State Route 665) to its intersection with Buck Mountain Road (State Route 664); then southeast on Buck Mountain Road (State Route 664) to its intersection with Buck Mountain Road (State Route 663); then southeast on Buck Mountain Road (State Route 663) to its intersection with Earlysville Road (State Route 743 ); then southeast on Earlysville Road to its intersection with Dickerson Road (State Route 606); then north on Dickerson Road to its intersection with Dickerson Lane (State Route 763); then east on Dickerson Lane to its intersection with Seminole Trail (U.S. Route 29); then north on Seminole Trail to its intersection with the Albemarle/Greene County line; then west along the Albemarle/Greene County line to the Albemarle/Rockingham County line; then southwest along the Albemarle/Rockingham County line to its intersection with the Albemarle/Augusta County line; then South along the Albemarle/Augusta County line to its intersection with the Albemarle/Nelson County line; then southeast along the Albemarle/Nelson County line to its intersection with the unnamed northern branch of the Mechums River, the point of origin. herein: Voting precincts: The district shall be divided into four (4) voting precincts, as described 1. Yellow Mountain Precinct: Beginning at the intersection of the Albemarle/Nelson County line and its-intersection with Batesville Road (State Route 636); then east on Batesville Road to its intersection with Ortman Road (State Route 691); then north on Ortman Road to its intersection with Rockfish Gap Turnpike (U. S. Route 250); then east on Rockfish Gap Turnpike to its intersection with Interstate 64; then east on Interstate 64 to its intersection with the Mechums River; then meandering southwest along the Mechums River to its confluence with an unnamed northern branch of the Mechums River; the meandering west along the unnamed northern branch of the Mechums River to its intersection with the Albemarle/Nelson County line; then northwest on the Albemarle/Nelson County line to its intersection with State Route 636, the point of origirr 2. Brownsville Precinct: Beginning at the intersection of Jarmans Gap Road (State Route 611)and the Albemarle/Augusta County line; then southwest along the Albemarle/Augusta County line to its intersection with the Albemarle/Nelson County line; then southeast along the Albemarle/Nelson County line to its intersection with Batesville Road (State Route 636); then east on Batesville Road to its intersection with Ortman Road (State Route 691); then north on Ortman Road to its intersection with Rockfish Gap Turnpike (U. S. Route 250); then east on Rockfish Gap Turnpike to its intersection with Interstate 64; then east on Interstate 64 to its intersection with the Mechums River; then northeast along the Mechums River to its intersection with the CSX Railway right-of-way; then west along the CSX Railway right-of-way to its intersection with Crozet Avenue (State Route 240); then south on Crozet Avenue to its intersection with Jarmans Gap Road (State Route 691); then west on Jarmans Gap Road (State Route 691) to its intersection with Jarmans Gap Road (State Route 611); then northwest on Jarmans Gap Road to its intersection with the Albemarle/Augusta County line, the point of origin. 3. Crozet Precinct: Beginning at the intersection of Jarmans Gap Road (State Route 611) and the Albemarle/Augusta County line; then northeast with the Albemarle/Augusta County line to its intersection with the Albemarle/Rockingham County line; then northeast with the Albemarle/ Rockingham County line to its intersection with the gate on Skyline Drive where Jones Fall Run and the Falls Trail originate; then east with Jones Fall Run to its confluence with Doyles River; then meandering southeast with the Doyles River to its intersection with Blackwells Hollow Road (State Route 810); then west along Blackwells Hollow Road to its intersection with Browns Gap Turnpike (State Route 810); then south on Browns Gap Turnpike to its intersection with the Moormans River; then meandering east with the Moormans River to its intersection with Milling~on Road (State Route 671 ); then southwest on Millington Road to its intersection with Garth Road (State Route 614); then southeast on Garth Road to its intersection with the Mechums River; then meandering southwest with the Mechums River to its intersection with the CSX Railway right-of-way; then west along the CSX Railway right-of-way to its intersection with Crozet Avenue (State Route 240); then south on Crozet Avenue to its intersection with Jarmans Gap Road (State Route 691); then west on Jarmans Gap Road (State Route 691) to its intersection with Jarmans Gap Road (State Route 611); then northwest on Jarmans Gap Road (State Route 611) to its intersection with the Albemarle/Augusta County line, the point of origin. 4. Earlysville Precinct: Be~nning at the intersection of Seminole Trail (U.S. Route 29) and the Albemarle/Greene County line; then west with the Albemarle/Greene County line to its intersection with Dyke Road (State Route 810); then south on Dyke Road to its intersection with Markwood Road (State Route 664); then south on Markwood Road to its intersection with Davis Shop Road (State Route 671); then southwest on Davis Shop Road to its intersection with Buck Mountain Creek; then meandering southeast with Buck Mountain Creek to its confluence with the South Fork Rivanna River; then meandering southeast with the South Fork Rivanna River to its intersection with Reas Ford Road (State Route 660); then north on Reas Ford Road to its intersection with Bleak House Road (State Route 662); then north on Bleak House Road to its intersection with Buck Mountain Road (State Route 665); then northeast on Buck Mountain Road (State Route 665) to its intersection with Buck Mountain Road (State Route 664); then southeast on Buck Mountain Road (State Route 664) to its intersection with Buck Mountain Road (State Route 663); then southeast on Buck Mountain Road (State Route 663) to its intersection with Earlysville Road (State Route 743 ); then southeast on Earlysville Road to its intersection with Dickerson Road (State Route 606); then north on Dickerson Road to its intersection with Dickerson Lane (State Route 763); then east on Dickerson Lane to its intersection with Seminole Trail (U.S. Route 29); then north on Seminole Trail to its intersection with the Albemarle/Greene County line, the point of origin. 5. Free Union Precinct: Beginning at the Albemarle/Rockingham/Greene County line; then southwest with the Albemarle/Rockingham County line to its intersection with the gate on Skyline Drive where Jones Fall Run and the Falls Trail originate; then east with Jones Fall Run to its confluence with the Doyles River; then meandering southeast with the Doyles River to its intersection with Blackwells Hollow Road (State Route 810); then west along Blackwells Hollow Road to its intersection with Browns Gap Turnpike (State Route 810); then south on Browns Gap Turnpike to its intersection with the Moormans River; then meandering east with the Moormans River to its intersection with Millington Road (State Route 671); then southwest on Millington Road to its intersection with Garth Road (State Route 614); then southeast on Garth Road to its intersection with the Mechums River; then meandering northeast with the Mechums River to its confluence with the Moormans River where they form the South Fork Rivaana River; then meandering east with the South Fork Rivanna River to its confluence with Buck Mountain Creek; then meandering northwest with Buck Mountain Creek to its intersection with Davis Shop Road (State Route 671); then northeast on Davis Shop Road to its intersection with Markwood Road (State Route 664); then north on Markwood Road to its intersection with Dyke Road (State Route 810); then north on Dyke Road to its intersection with the Albemarle/Greene County line; then west with the Albemarle/Greene County line to its intersection with the Albemarle/Rockingham/Greene County line, the point of origin. below: Polling places: Each voting precinct shall have a polling place at the location identified Turnpike. Road. Yellow Mountain Precinct: Mount Ed Baptist Church, 1606 Cmigs Store Road. Brownsville Precinct: Brownsville Elementary School, 5870 Rockfish Gap Crozet Precinct: Crozet Elementary School, 1407 Crozet Avenue. Earlysville Precinct: Broadus Wood Elementary School, 185 Buck Mountain 5. Free Union Precinct: Free Union Baptist Church, Millington Road, Free Union. (8-19-71, § 1; 9-5-72; 7-15-81; Code 1988, § 6-1; 5-15-91; Ord. 95-6(1), 1-11-95; Ord. 98-A(1), 8-5-98, § 2-100(6), § 2-106; Ord. 01-2(1), 5-9-01; Ord. 03-2(2), 7-9-03) Attachment 3 CONDITIONS OF APPROVAL SP-2002-079. Old Trail Golf Club Entrance (Signs #21&51). Request to allow stream crossing for access to proposed Old Trail Golf Club in accord w/Sec 30.3.05.2 of the Zoning Ord. TM 55, Ps 17BI&71 & TM 56, P 41, contains 2.07 acs. Loc on Rt 250 (Rockfish Gap Turnpike) across from entrance to Westem Albemarle High School. Znd R1 & R6. White Hall Dist. 1 ) Engineering Department approval of computations and plans documenting changes to the floodplain. Plans must show floodplain limits and levels before and after construction. Ordinance Sections 18-30.3.02.2 and 18-30.3.03.2 allow no increase in flood levels; 2) Engineering Department receipt of copies of federal and state permits for disturbance of the stream channel and any associated wetlands, including changes to the FEMA maps for the area; 3) Engineering Department approval of a final mitigation plan for repair and enhancement of the stream buffers. [17-322] The mitigation is to follow that shown on the conceptual plans rifled "Conceptual Stream Impact Mitigation Plan (Lickinghole Creek)" and "Conceptual Stream Impact Mitigation Plan (Slabtown Branch)," dated 6-05-03, and the stream-bank treatment schematic titled "Root Wad Detail" received by the Engineering Department on June 9, 2003. The existing Lickinghole Creek bridge is intended to become part of the trail system for the site, but improvements or modifications to it may be part of the final mitigation plans; 4) The location and nature of the crossings are to be as shown on sheets 3 and 4 of the preliminary road plan titled "Old Trail - Western Avenue (N-S Access Road)," dated 5/10/03. However, the Lickinghole Creek crosSing may be a simple span, or an arch, with road and fill elevations lower than that shown on the preliminary plan. The mad profile should be as Iow as reasonably achievable; and 5) A plan showing all areas to be disturbed during the construction of the Slabtown Branch crossing shall be submitted to the Planning Deparl~nent. A Phase I archaeological survey shall be completed in those areas, and appropriate mitigation measures shall be carried out as directed by Planning staff, prior to issuance of a grading permit for the Slabtown Branch crossing. SP-2003-007. Greenbrier Service Center (Sign ~,3). Request to allow expansion of motor vehicle sales & rental in accord w/Sec 22.2.2.8 of the Zoning Ord. TM 61 P 148 contains 1.636 acs. Loc on Gasoline Alley (Rt 650) approx 100 ft from intersec w/Rio Rd. Znd C-1. Rio Dist 1. Only vehicles for sale and rental shall be stored/displayed in the areas generally shown for display on the "Greenbrier Service Center LLC" plan dated 5~20~03. All other vehicles shall occupy an approved parking space; 2. The entrance onto the public road shall be improved to a standard commercial entrance; 3. The required parking areas and travelways around the building shall be improved to meet current Zoning Ordinance requirements at the discretion of the Engineering Department; 4. The access to the shed to the north shall either be dosed off and an alternative constructed or the applicant shall obtain the proper access easement to the shed; 5. Appropriate signage shall be provided onsite to delineate the area for customer parking and the area for storage of the vehicles for sale and rental; 6. The recommended improvements above shall be approved through a site plan amendment; and 7. Vehicles for sale and rental shall not be elevated anywhere on site. SP-2003-018. Olivet Presbyterian Church Amendment (Signs #8_~&$6). Request to amend SP-2000-020 to expand an existing church for office/classroom uses & outdoor recreation area in accord 22.2. Where permitted uses under the Zoning Ordinance have been further modified, such modifications are indicated in italics and bold font. Uses which are not permitted have been indicated by strikethrough. BY RIGHT The following uses shall be permitted in any C-1 distdct subject to the requirements and limitations of these regulations. The zoning administrator, after consultation with the director of planning and other appropriate offidals, may permit as a use by right, a use not specifically permitted; provided that such use shall be similar to uses permitted by right in general character and more specifically, similar in terms of Iocational requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as generally provided in section 34.0. 5. Flcd~. !0. !2. !3. b. The following services and public establishments: Administrative, professional offices--The primary business of any office use shall be either recreation or education. ,4 5. 6. 7. 9. 12. 13. !4. !5. !6. 17. 18. 19. 20. 21. 22. 23. 24. 25. Financia! ino~it'~iens. Fire :nd m-'....c,_'e :qu=d :t'~icns (reference 5.1.09). Funera! homes. Indoor the3ters. Libraries, museums. Nurseries, day care centers (reference 5.1.06). Tailor, seamstress. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. (Amended 5-2- 93) Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-9) Temporary construction uses (reference 5.1.1). 26. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10-9-02) 23.2.1 BY RIGHT The following uses shall be permitted in any CO district, subject to the requirements and limitations of these regulations: Administrative and business offices--The primary business of any office use shall be either recreation or education. Professional offices, bcludbg,"-~'~;"~', ,~.,~, '~'~"*'-'.~, .._. _.'~--~,. v~,.~,~'"*;"~'. -The primary business of any off/ce use shall be either recreation or education. 3. F!.",3,".c~=I ?,=t'?.'dfi ons. 5. Libraries, museums. Ectlng -(Repecled 3 17 22) Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Sen/ice Authority. Except as othen~ise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) 9. Temporary construction uses (reference 5.1.18). I'"~llln~. I,"~.r~n~ ~ "1 04'~ /~.~4~1 "~ 4'7 12. Day care, child cam or nursery facility (reference 5.1.6). (Added 9-9-92) 13. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10-9-01) Four Seasons of Virginia LLC: By: (Signed) Philip G. Wendel Philip G. Wendel, President May 25, 2003 SP-2003-017. Four Seasons School Amendment (Sign #38). Request to allow pdv school in accord w/Sec 20.4.2(1) of the Zoning Ord. TM 61X2. P 4B contains 2.256 acs. Loc on Rt 1456 (Four Seasons Dr) approx 1/2 mile S of intersec of Four Seasons Dr & Rt 631 (Rio Rd W). Znd PUD & Airport Protection Overlay. Rio Dist 1. Maximum enrollment will be eighty-five (85) students; 2. Normal hours of operation for school shall be from 7:30 a.m. to 6:00 p.m. with occasional uses in the evenings and weekend; and 3. The applicant shall construct a pedestrian pathway connecting the school and pool buildings to Four Seasons Drive, to a standard acceptable to the Departments of Planning and Engineering and Public Works. The pedestrian pathway shall be complete by December 31, 2003. SP-2003-028. Matheny Well Drilling (Signs #57&66). Request to allow well ddlling business in accord w/Sec 10.2.2(31) of the Zoning Ord. TM 84, P 14E2, contains 2.586 acs. Znd PA. Loc on Kacey Lane, approx 700 ff NW from the intersec of Kacey Lane & Rt 635 (Craigs Store Rd). Samuel Miller Dist. 1. There shall be no outdoor storage permitted except fOr the five (5) foot by twenty-one (21) foot outdoor storage area for piping as shown on the sketch plan in Attachment A; 2. The home occupation shall have no more than ten (10) visits per week; 3. No more than four (4) vehicles associated with the home occupation shall be parked on the site at any given time (one drill rig, one service truck, and two pickup trucks); and 4. Hours for the home occupation shall be Monday through Fdday, 6:00 a.m. to 8:00 p.m. SP-2003-031. Albemarle County Fire Communications Amendment (Signs #12&13). Request to allow attachment of antenna, consisting of two 15-inch segments supporting communications for the County of Albemarle's Fire-Rescue services, at 165 ff on existing tower 205-foot tall tower, in accord w/Sec 10.2.2.6 of the Zoning Ord. TM 91, P 28, contains 234.165 acs. Znd gA. Loc on Carte~s Mountain Trail, approx 1 mile S of intersec w/Rt 53 (Thomas Jefferson Parkway). Scottsville Dist 1. The tower shall not be increased in height; 2. The additional antenna may be attached only as follows: a. The highest portions of the antennas shall not exceed one hundred and sixty-five (165) feet above ground; b. The antennas shall not exceed seven (7) feet in height nor two (2) feet in width, and shall be of a color that matches the tower; c. The antennas shall be mounted no further than two (2) feet from the tower structure; and d. The antennas subject to this approval may be replaced administratively, provided that .the sizing, mounting distances and heights of the replacement antennas are as proposed by the applicant. 3. With the exception Of the safety lighting required by Federal Aviation Administration regulations, outdoor lighting shall be permitted only dudng maintenance pedods; regardless of the lumens emitted, each outdoor luminaire that is not required for safety shall be fully shielded as required by Section 4.17 of the Zoning Ordinance; 4. The permittee shall submit a report to the Zoning Administrator once (1) per year, by not later than July I of that year. The report shall identify each user of the tower; and 5. The tower and all supporting facilities shall be disassembled and removed from the site within ninety (90) days of the date its use for wireless communications purposes is discontinued. SP-2003-032. Albemarle County Fire Department Communications Amendment (Sians #20&22). Request to install an add'l antenna at an existing emergency communication facility, in accord w/Sec 10.2.2.6 Of the Zoning Ord. TM 109, P 60, centalns approx 111.5 acs. Znd RA. Loc on Fan Mountain Road approx 4.5 mis from the intersec w/Rt 29 S, past the University Of Virginia's Fan Mountain Observatory. Scottsville Dist. 1. The tower shall not be increased in height; 2. The additional antenna may be attached only as follows: a. The antenna design shall be as shown on the attached brochure, entitled "Ground Plane Omni Antenna", dated July 8, 2003; b. The highest portions ofthe antenna shall not exceed 104 feat above ground; c. The new antenna shall be attached to the tower by two mounting brackats at 97 and 99 feet above ground. The mounting brackets shall extend no more than five (5) feet from the tOwer structure. The center pole of the antenna shall be mounted no further than six (6) feet from the face of the tower structure. The maximum height of the antenna shall not exceed eighty (80) inches. The height above the base plate shall not exceed 60 inches. The maximum width shall not exceed thirteen (13) feet. The antenna shall be a color that matches the tower; d. All ground equipment related to this antenna shall be contained within the existing building; and e. The antenna subject to this approval may be replaced administratively, provided that the matches the tower; 3. With the exception of the safety lighting required by Federal Aviation Administration regulations, outdoor lighting shall be permitted only during maintenance periods; regardless of the lumens emitted, each outdoor iuminaire that is not required for safety shall be fully Shielded as required by Section 4.17 of the Zoning Ordinance; 4. The permittee shall submit a report to the Zoning administrator once per year, by not later than July 1 of that year. The report shall identify each user of the tower; and The tower and all supporting facilities shall be disassembled and removed from the site within ninety (90) days of the date its use for wireless communications purposes is discontinued. Attachment 4 ORDINANCE NO. 03-3(1) AN ORDINANCE TO AMEND AND REORDAIN ARTICLE II, DISTRICTS OF STATEWIDE SIGNIFICANCE, OF CHAPTER 3, AGRICULTURAL AND FORESTAL DISTRICTS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA. BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that Article II, Districts of Statewide Significance, of Chapter 3, Agricultural and Forestal Districts, of the Code of the County of Albemarle, Virginia, is hereby amended and reordained as follows: By amending: Sec. 3-217 Ivy Creek Agricultural and Forestal District ARTICLE II. DISTRICTS OF STATEWIDE SIGNIFICANCE DIVISION 2. DISTRICTS Sec. 3-217 Ivy Creek Agricultural and Forestal District. The district known as the "Ivy Creek Agricultural and Forestal District" consists of the following described properties: Tax map 44, parcels 20, 20A, 20B, 20C, 20D, 20E, 20F, 20G, 21D, 35, 35A; tax map 45, parcels 5F, 5F4, 7A. This district, created on November 2, 1988 for not more than 7 years, since amended at its last review on July 9, 2003 to continue for not more than 10 years, shall next be reviewed prior to July 9, 2013. (4-14-93; 2-14-96; Code 1988, § 2.1-4(n); Ord. 98-A(1), 8-5-98; Ord. 03-3(1), 7-9-03) COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Crozet Neighborhood Master Plan, Consultant's Final Report SUBJECT/PROPOSAL/REQUEST: Final master plan report prepared by the Renaissance Planning Group and Nelson- Byrd Landscape Architects, for the Community of Crozet, as recommended by the Neighborhood Model STAFF CONTACT(S): Ms. Thomas, Mr. Cilimberg AGENDA DATE: ITEM NUMBERS: Joint Work Session, Planning Commission/Board of Supervisors, July 9, 2003 ACTION: INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: yes REVIEWED BY: BACKGROUND: As recommended by the Neighborhood Model, on October 17, 2001, the Board of Supervisors initiated the first Master Plan of a Development Area and selected the Community of Crozet. A Request for Proposal was prepared and advertised, and the Renaissance Planning Group and Nelson-Byrd Landscape Architects were retained as technical consultants for the project. Becky Clay Christensen, Christensen and Associates, was hired as the process consultant to assist with public participation activities. The consultants began work in June 2002, and the first of six Community Meetings was held August 1. During the late summer and fall of last year a series of meetings of seven Small Task Groups composed of volunteers and stakeholders occurred, resulting in written recommendations from each group. A Developers Open House was also held, at which property owners were invited to present plans and serve on a panel discussing current and future development issues in Crozet. The technical consultant incorporated this information along with its own findings to generate three alternative scenarios, presented at Community Meeting #3 on November 2. The community commented on these alternatives, and a Framework Plan was developed and presented to the Board and Commission in December. The Board adopted a resolution accepting the Framework Plan on January 8, 2003. Community Design Day (Community Meeting #5) was held March 10, 2003, followed by a work session with the Board of Supervisors April 2 and Community Meeting #6 April 30, both addressing implementation issues. Comments from residents, County departments and other stakeholders were solicited and considered, and incorporated in this final report (included as Attachment A). DISCUSSION: When adopted, the Crozet Master Plan will be amended into to the Comprehensive Plan, Land Use Plan, replacing the current recommendations for the Community of Crozet. A draft Resolution of Intent to amend the Comprehensive Plan is included as Attachment B. The intent of the Neighborhood Master Plans, as envisioned by DISC and the Neighborhood Model, is to provide guidance to future development that is specific enough to support implementation of the twelve pnnciples while sufficiently flexible to accommodate changing market conditions and community needs and preferences. Cost estimating of capital needs and implementation strategies were key elements of the consultants' work program. Early in the process, the community indicated its commitment to a series of Guiding Principles that have served as a reference point for the planning effort throughout the process. These principles are included in the consultant's final report. In particular, the community has consistently supported the continued focus on Downtown as the commercial and cultural center of the community, and emphasized the desirability of local business and employment opportunities. Preservation of Routes 240 and 250 as scenic corridors, and retention of usable open space in the form of greenways and community parks throughout the Development Area have also remained community priorities throughout the process. ~ECOMMENDATION: Staff recommends that the Planning Commission and Board of Supervisors adopt the Resolution of Intent to amend the Comprehensive Plan, Land Use Plan for the Community of Crozet. It is anticipated that work sessions will be scheduled with the Planning Commission after the presentation of the final report by the consultants, followed by a public hearing and ultimately a recommendation to the Board. Subsequently, the Board will hold a work session(s) and a public hearing to consider adoption of the Master Plan as part of the Comprehensive Plan. Attachments: A- Final Report: Crozet Master Plan B - Draft Resolution of Intent ATTACHMENT B RESOLUTION WHEREAS, Section 7 of The Neighborhood Model: Building Block for the Development Areas, a part of the Albemarle County Comprehensive Plan, sets forth guidelines for implementation of the Neighborhood Model; and WHEREAS, the second of these guidelines states that the County should fund and develop individual Master Plans for the Development Areas; and WHEREAS, the Community of Crozet was selected by the Board of Supervisors on October I7, 2001 as the first Development Area to be master planned, and a consultant was procured to assist the County in preparing a master plan in collaboration with residents and other stakeholders; and WHEREAS, after an extensive public involvement process, consultation with property owners and other stakeholders, the consultant's final report has been completed and presented to the Board of Supervisors and Planning Commission meeting in a joint meeting. NOW, THEREFORE, BE IT RESOLVED THAT for the purposes of further implementing the Neighborhood Model, the Board of Supervisors hereby directs the Planning Commission to prepare an amendment to the Comprehensive Plan by amending the Community of Crozet profile contained in the Land Use Plan, based upon the consultant's final report; and BE IT FURTHER RESOLVED THAT the Planning Commission will hold a public hearing on this proposed amendment, and make its recommendations to the Board of Supervisors, at the earliest possible date. l, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an Resolution 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. Dorrier Mr. Martin Mr. Perkins Mr. Rooker Ms. Thomas Aye Nay Clerk, Board of County Supervisors COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Barry Easter - Request to amend Albemarle County Service Authority Jurisdictional Area SUBJECT/PROPOSAL/REQUEST: Request for public hearing to consider amending the ACSA Jurisdictional Area boundary to provide water and sewer service to Tax Map 56, Parcel 86, Lots 14 & 15. STAFF CONTACT(S): Tucker, Foley, Cilimberg, Benish, Biel AGENDA DATE: July 9, 2003 ACTION: CONSENT AGENDA: ITEM NUMBER: INFORMATION: ACTION: × INFORMATION: ATTACHMENTS: REVIEWED BY: Yes BACKGROUN D: The applicant is requesting ACSA Jurisdictional Area designation for water and sewer service to a 3-acre parcel located on the south side of Three Notch'd Road (Rt. 240), approximately 600 feet west of Park Ridge Drive (Attachment A- applicant's request, Attachment B -location and tax map). The property is located within the designated Crozet Development Area, in the Whitehall Magisterial District. Parcel 86 contains two lots (14 and 15) with a residential dwelling located on Lot 14 and Lot 15 being vacant. The parcel is zoned LI, Light Industrial. The current ACSA designation is for water to existing structures only. The adjacent parcels to the west and east of this site are both designated for public water and sewer service (Attachment C). The septic system on the applicant's property, which serves Lot 14, has failed and does not perk. At the May 7, 2003 Board of Supervisors meeting, the Board approved a similar request for public water and sewer to Parcel 87, which is adjacent to the east of the applicant's property. DISCUSSION: The subject property is located in the Crozet Development Area. The Comprehensive Plan provides the following concerning the provision of water and sewer service to the Development Areas: "General Principle: Urban Areas, Communities, and Villages are to be served by public water and sewer (p. 114)." "Provide water and sewer service only to areas within the ACSA Jurisdictional Areas (p. 130)." "Follow the boundaries of the designated Development Areas in delineating Jurisdictional Areas (p.130)." The Comprehensive Plan recommends serving Development Areas with public water and sewer. This parcel is located within the Crozet Development Area and should be designated as part of the ACSA Jurisdictional Area for public water and sewer service. Water supply in Crozet is provided by Beaver Creek Reservoir. RECOMMENDATION: As a general policy, staff has advised that public utility capacity should be reserved to support development of designated Development Areas. This request is consistent with public utility policy of the Comprehensive Plan. Since this property is located within a designated Development Area, the provision of both water and sewer service to the properties would be consistent with the Comprehensive Plan public utility policy. Therefore, staff recommends the Board of Supervisors set a public hearing to consider providing public water and sewer to the site. Attachments: A - Application B - Location and Tax Map C - Jurisdictional Area Map 03.085 APPLICATION TO AMEND TIlE SERVICE AUTHORITY JURISDICTIONAL AREAS County of Albemarle .. ~,..:.:l l)i' I- CO-APPLIC ~.~[N~ l~if an__y): Signature: ~ ~ Address: ~ ~ ~ t f ~ff ~"~D/q2? J~SDIC~ON~ ~A DESIGNATION ~Q~STED: ~ W~er ~d Sewer ~ Water Only Water Only to Existing Structure(s) [] Limited Service (Describe in Justification below) PROPERTY LOCATION (Address) Tax Map(s)/Parcel Number(s): ,ff[ CURRENT SERVICE AREA DESIGNATION (If any): [] Water and Sewer [~Water Only [] Water Only to Existing Structures [] Limited Service JUSTIFICATION FOR REQUEST: For 'Staff Use Onl~f PROPERTY IS LOCATED (Check Appropriate): [] Inside or []0ut~ide a Growth Area? [] Adjacent to SAJA? [] Inside or [] Outside a Water-Supply Watershed? [] Adjacent to a Growth Area? Location and distance of water/sewer line proposed to provide service REQUEST FOR AMENDMENT ADOPTED: [] Yes [] No Date of Action iEVlSED: 1110/90, 8111198, 5/19/03 ALBEMARLE COUNTY ?2 WHITE HALL DISTRICT SECTION 56 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY .AGENDA TITLE: Schedule public hearing to consider granting easement to Dominion Virginia Power Easement SUBJECT/PROPOSAL/REQUEST: Schedule public hearing to consider granting easement to Dominion Virginia Power across Tax Map 61 Parcel 28 STAFF CONTACT(S): Tucker, Foley, Davis, Kamptner, Graham, Kelsey AGENDA DATE: July 9, 2003 ACTION: CONSENT AGENDA ACTION: X ATTACHMENTS: REVIEWED .BY: ITEM NUMBER: INFORMATION: INFORMATION: Agreement and Plat BACKGROUND: Dominion Virginia POwer would like to extend their underground power line from th e Wynridge subdivision, across County property, and connect to their underground system at the Webland Park development. This extension will complete a loop that will improve service reliability to the residents of these two developments as well as their commercial customers on Greenbrier Drive. DISCUSSION: The power line extension will cross the property recently acquired by the County for the Birnam Regional stormwater basin and the pedestrian/bike trail project (Tax Map 61 Parcel 28). The requested right-of-way and power line will not impact the stormwater basin, but will cross the proposed pedestrian/bike trail (refer to attached plat). Appendix A of the right-of-way agreement includes provisions to assure the installation of the power line will not obstruct or interfere with the pedestrian/bike trail. The Assistant County Attorney and the Engineering Department have reviewed the documents and are satisfied with the provisions. RECOMMENDATION: Staff recommends that the Board schedule a public hearing on August 6, 2003 to consider granting the proposed easement. 03.081 .~maia~m~r Right of Way Agreement THIS RIGHT OF WAY AGREEMENT, is made and entered into as of this ! Ith day of Ap~i, 2003, by and between THE COUNTY OF ALBEMARLE, a political subdivision of the Commonwealth of Virginia, ("GRANTOR") and VIRGINIA ELECTRIC AND POWER COMPANY, a Virginia public service corporation, doing business in Virginia as Dominion Virginia Power, with its principal office in RlchmonO, Virginia ("GRANTEE"). WITNE$$ETH: 1. That for and in consideration of the sum of One Dollar ($1.00) cash in hand paid and other good and valuable consideration, the receipt and sufficiency whereof is hereby acknowledged, GRANTOR grants and conveys unto GRANTEE, its successors and assigns, the perpetual right, privilege, and easement over, under, through, upon and across the property described herein, for the purpose.of transmitting and distributing electric power by one. or more circuits; for its own-internal telephone and other internal communication purposes directly related to or incidental to the generation, distribution, and transmission of electricity, including the wires and facilities of any other public service company in aid of or to effectuate such internal telephone or other internal communication purposes; and for lighting purposes; including but not limitod to tho right: 1.1 to lay, construct, operate and maintain one or more lines of underground conduits and cables including, . ..................... , cr ...... n .............. '= ..... '='~- '~*-'--=-- cr.~ all wires, conduits, cables, transformers, transformer enclosures, concrete pads, manholes, handholes, connection boxes, accessories and appurtenances desirable in connection therewith; the width of said easement shall extend 0 feet in width across the lands of GRANTOR; and Initials: This Document Prepared by Virginia Electric and Power Company and should be returned to: Dominion Virginia Power, 1719 Hydraulic Road Charlottesville VA 22901. (Page 1 of 5 Pages) DVPIDNo(s). $0-02r0090 Tax Map bio. 06100000002800 Form No. 728493Al(Nov 2{302) O D~minion Resmxces Services, In(= Right of Way Agreement 2. The easement granted heroin shall extend across the lands of GRANTOR situated in Albemarle County,, Virginia, as-more fully described on Plat(s) Numberod 80-02-0090, attached to and made a part of this Right of Way.Agreement: the location of the boundaries of said easement bein~ shown in broken lines on said Plat(s), reference being made thereto for a moro particular description thereof. 3. All facilities constructed hereunder shall romain the property of GRANTEE. GRANTEE shall have the right to inspect, reconstruct, remove, ropair, improve, relocate on the easement, an0 make such changes, alterations, substitutions, additions to or extensions of its facilities as GRANTEE may from time to time deem advisable. 4. GRANTEE shall have the right to keep the easement clear of all buildings, structures, trees, roots, undergrowth and other obstructions which would interfere with its exercise of the rights granted hereunder, including, without limit~tir)n, the right to trim. top. retrim, retop, cut and keep clear any trees or brush inside and outside the boundaries of the easement that may endanger the safe and proper operation of its facilities. All trees and limbs cut by GRANTEE shall remain the property of GRANTOR. 5. For the purpose of exercising the right granted herein, GRANTEE Shal have the right of ingress to and egress from this easement over such private roads as may now or hereafter exist on the property of GRANTOR. The right, however, is reserved to GRANTOR to shift, relocate; close or abandon such private roads at any time. If there are no public or private roads reasonably convenient to the easement, GRANTEE shall have such right of ingross and egress over the lands of GRANTOR adjacent to the easement. GRANTEE shall exercise such rights in such manner as shall occasion the least practicable damage and inconvenience to GRANTOR, 6. GRANTEE shall repair damage to roads, fences, or other improvements (a) inside the boundaries.of the easement (subject, however, to GRANTEE's rights set'forth in Paragraph 4 of this Right of. Way Agroement) and (b) outside the boundaries of the easement and' shall ropair or pay GRANTOR, at GRANTEE's-. option, for other damage- done to GRANTOR's property, inside the boundaries of 'the easement (subject, however, to GRANTEE's rights set forth in Paragraph 4 of this Right of Way Agruumunt) and outside the boundarie~ of the easement caused by GRANTEE in the proces~ of the construction, inspection, and maintenance of GRANTEE's facilities, or in the exercise of its right of ingross and egross; provided GRANTOR gives written notice thereof to GRANTEE within sixty (60) days after such damage occurs. Initials: (Page 2 of 5 Pages) DVP1DNo(s). 80-02-0090 ~orm No. 728493A2(Nov 2002) © Dominion Resources Sen/ices, Inc. Right of Way Agreement 7. GRANTOR, its successors and assigns, may use the easement for any reasonable purpose not inconsistent with the rights hereby granted, provided such use does not interfere with GRANTEE's exemise of any of its rights hereunder. GRANTOR shall not have the right to construct any building, structure, or other above ground obstruction on the easement; provided, however, GRANTOR may construct on .the easement fences, landscaping (subject, however, to GRANTEE's rights in Paragraph 4 of this Right of Way Agreement), paving, sidewalks, curbing, gutters, street signs, and below ground obstructions as long as said fences, landscaping, paving, sidewalks, curbing, gutters, street signs, and below ground obstructions do not interfere with GRANTEE'S exercise of any of Its rights granted hereunder. In the event such use does interfere with GRANTEE's exercise, of any of its rights granted hereunder, GRANTEE may, in its reasonable discretion, relocate such of its facilities as may be practicable to a new site designated by GRANTOR and acceptable to GRANTEE. In the event any such facilities are so relocated, GRANTOR shall reimburse GRANTEE for the cost thereof and convey to GRANTEE an eq uivalent easement at the new site. 8. GRANTEE shall have the dght to assign or transfer, without limitation, to any public service company all or any part of the perpetual right, privilege and easement granted herein. 9. If there is an Exhibit A attached hereto, then tile easement granted hereby shall additionally be subject to all terms and conditions contained therein provided said Exhibit A is executed by GRANTOR contemporaneously herewith and is recorde(t with and as. a:part'of thisRight of Way. Agreement. 10. Whenever the context of this Right of Way Agreement so requires, the singular number shall mean the plural and the plural the singular. InRials: (Page 3 of 5 Pages) DVPIDNo(s). 80-02-0090 Form NO. 728493A3~Nov 2002} ~ Dominion Resources Services, Inc. 11. GRANTOR covenants that it is seized of and has the right to convoy this easement and the fights and privileges granted hereunder; that GRANTEE shall have quiet and peaceable possession, use and enjoyment of the aforesaid easement, rights and privileges; and that GRANTOR shall- execute such further assurances thereof as may be rcasonablyrcquircd. 12. -The in~vidual executing this Right of Way Agreement on behalf of GRANTOR warrants that Grantor is a political subdivision of the Commonwealth of Virginia and that he or she has been duly authorized to execute this easement on behalf Of said NOTICE TO LANDOWNER: You are conveying rights to a public service corporation. A public service corporation may have the right to obtain some or all of these r~ghts through exercise of eminent domain. To the extent that any of the rights being conveyed are not subject to eminent domain, you have the right to choose not to convey those rights and you could not be compelled to do so. You have the night to negotiate compensation for any rights that you are voluntarily conveying. IN WITNESS WHEREOF, GRANTOR has caused its name to be signed hereto by its authorized officer or agent, described-below, on the date first above written.. COUNTY OF ALBEMARLE By: Title: State of Virginia County of Albemarle, to-wit: I, , a Notary Public in and for the State of Virginia at Large, do hereby certify that this day personally appeared before me in my jurisdiction aforesaid , , of the County of Albemarle, (Name of officer or agent) (Title of officer or agent) Virginia, whose name is signed to tho foregoing writing dated this day of ,2003, and acknowledged thc same before mc. Given under my hand ,2003. My Commission Expires: Notary Public Pag; 4 of 5 EXHIBIT A Right of Way Agreement This Exhibit A shall be attached to and made a part of the RIGHT OF WAY AC~REEMENT executed by the undersigned GRANTOR(s) on the day of , The following terms and conditions are incorporated therein: 1) Transformers, transformer enclosures, concrete pads, manholes, handholes, connection boxes, and surface accessories and appurtenances shall not be constructed within twenty (20)'feet of the general alignment of the pedestrima/bike path. 2) Where the easement crosses the general alignment of the future pedestrian/bike path, the Grantcc will construct all underground conduits and cables at an adeqtmte depth so as not to interfere with future excavation for the pedestrian/bike path. The Grantee will pay the cost of relodating or deepening the electric line in the event it needs to be relocated or deepened to allow for the construction of the pedestrian/bike path. 3) All trees and limbs cut by GRANTEE shall be mulched onsite or removed by GRANTEE. 4) GRANTEE also shall repair damage to sidewalks, paths, fences or other improvements. (SEAL) (SEAL) (Page 5 of 5 Pages) DVPIDNo(s). 80020090 DNCPIDNo(s). 06100000002800 Form No. 72128SA(Mar 2fl01) © Dominion Resources Services, Inc. h Z 0 ~ rY I-- ~-- Z ~ Ld b_l · Z COUNTY OF Al_BE:MARIE LOCAL GOVERNMENT & PUI~LIC SCHOOL DIVISION DEPARTMENT OF HUMAN RESOURCES 401 Mclntire Road, Room 125 Charlottesville, Virginia 22902-4596 (434) 296-5827; Fax (434) 296-5828 www. albemarle, org/humanres 06 -25-0~-5~-5~_N¥ MEMORANDUM To: From: RE: Date: Robert W. Tucker, Jr., County Executive Kimberly Suyes, Director of Human Resources George K. Noteman's Request for Military Leave Pay and Benefits June 8, 2003 Lieutenant George K. Noteman's most recent involuntarily recall to active military service to serve in the U.S. Madne Corps commenced on Apdl 13, 2003. His military orders Specifically state the period of active duty will be until December 25, 2003. This approximately 9 months. On July 3, 2002 the Board of Supervisors amended its policy on military leave (P-83). The changes to the policy state; 1. An employee recalled under these circumstances would be paid the difference between the employee's regular pay and the military pay for a pedod of six months. The policy also allows an extension of an additional three months if requested by the employee. 2. An employee recalled under these circumstances may request the County pay the employer portion of the applicable health care premium for the lesser of 18 months or the day after the date on which the person fails to apply for or return to a position of employment with the County. In accordance with Board policy P-83, Lieutenant Noteman has requested both the difference in pay and the payment of the employer contribution toward health insurance. I've attached a copy of Lieutenant Noteman's memo and recommend approval of his request by the Board. Cc: Lt. G.K. Noteman's letter of May 12, 2003 Ms. Kimberly L. Suyes, Director Human Resources Depamnent County of Albemarle 401 Mclntire Road Charlottesville VA 22902 May 12, 2003 Dear Ms. Suyes, As you know I am currently serving on active duty with the U. S. Marine Corps in support of Operation Enduring Freedom. My current Involuntary Recall Orders extend through December 25, 2003. Since this exceeds six months service, I am requesting that the Board of Supervisors extend the payment of my salary differential to cover t'his period thus making me eligible to continued health insurance benefits in accordance with Personnel Policy P-83. Mr. Brandenburger, who has been my liaison throughout this process recommended that I submit this request at this time. If my release date is modified I will notify you as soon as possible. Thank you for your assistance in this matter. I would like to also extend my appreciation to the Board of Supervisors, Mr. Tucker, Mr. Brandenburger, and County Employees who continue to support my family through this difficult time. Respectfully Submitted, Lieutenant G. K. Noteman Albemarle County Police Home address: PO Box 102, Ivy, VA 22945 CC: Mr. Robert Brandenburger File STATISTICAL ABSTRACT Acquistion of Conservation Easements {ACE) Program · Conservation Easements were acquired on 1,045 acres of land on 13 parcels, eliminating a total of 102 potential Development Rights. Residential 8uilding Permits Residential building permits issued in 2002 totaled 1,720 dwelling units. This is the highest level of activity since at least 1970. Of the 1,720 new housing starts in 2002, 1,404 dwelling units (82%) were located in Designated Development Areas and 316 dwelling units (18%) were located in the Rural Areas. Residential building permits issued in 2002 were composed of the following types of dwelling units: 34 % conventional single-family detached; 3 % single-family attached; 7 % single-family townhouse; - 54 % multi-family units; 1% mobile homes located throughout the County; and - 1% accessory apartments. Of the 589 single-family detached units created from new building permits issued, 296 (50%) were located in the Development Areas and 293 (50%) were located in the Rural Areas. The 316 units in the Rural Areas is the second highest total for the Rural Areas since 1994. Only the 336 units in 1999 was higher. · Mobile homes accounted for 1% (17 total) of all building permits issued for dwelling units in the Rural Areas - nearly identical to the 14 new units in 2001. · Multi-family units accounted for 54% (922 total) of units created from building permits issued in 2002, and accounts for the large increase, over previous years, in units created from new building permits issued. Residential Subdivisions ! · 126 subdivision plats were signed in 2002 creating 586 new lots. Of the 586 new lots created, 418 (71%) were located in the Development Areas and 168 (29%) were located in the Rural Areas. ° 116 (69%) of new Rural Area lots were development right Oots of less than 21 acres. The average lot size of the 586 new lots created in 2002 increased to 12.53 acres from 9.09 acres in 2001. In 2002, the average new lot size in the Designated Development Areas (418 lots) increased to 3.43 acres, and the average new lot size in the Rural Areas (168 lots) increased to 35.17 acres. Site Development Plans Four major residential site development plans were signed in 2002 creating 485 new units. Ten major non-residential site development plans were signed in 2002. These plans represented 505,010 square feet of commercial/retail services space, 20,900 square feet of industrial space, zero square feet of office space, and 288,898 square feet of public/institutional space. Land Use Taxation and Agricultural/Forestal Districts Landowners have enrolled 20% of the Designated Development Areas, and 65% of the Rural Areas in the land use taxation program as of December 31, 2002. The total area in the land use taxation program comprises approximately 62.6% of Albemarle County. As of December 31st, 2002, the land area voluntarily enrolled by rural landowners in agricultural and forestal districts represented approximately 14% of the acreage in Albemarle County's Rural Areas. Zoning A total of 23.16 acres were rezoned in 2002. The developments of Bargamin Park and Hickory accounted for nearly two-thirds of the total acreage rezoned in the County, in 2002. TABLE OF CONTENTS I. INTRODUCTION ................................................................................................................................... 1 II. RESIDENTIAL ACTIVITY .................................................................................................................... 2 40 1. 2. 3. 4. 5. B. 1. 2. 3. 4. 5. C. BUILDING PERMIT A CTIVITY .............................................................................................................. 2 OVERVIEW ............................................................................................................................ J ................. 2 BUILDING PERMITS BY COMPREHENSIVE PLAN AREA ........................................................................... 2 BUILDING PERMITS BY DWELLING UNIT TYPE ......................................................................................5 BUILDING PERMITS BY MAGISTERIAL DISTRICT ....................................................................................5 RESIDENTIAL BUILDING ACTIVITY COMPARISON .................................................................................. 5 SUBDIVISION A CTIVITY ...................................................................................................................... 10 OVERVIEW ............................................................................................................................................ l 0 ANALYSIS OF SIGNED PLATS ................................................................................................................ 10 HISTORIC COMPARISON OF SUBDIVISION ACTIVITY - SIGNED PLATS ................................................. 13 SIGNED PLATS - PUBLIC VS. PRIVATE ROADS ...................................................................................... 13 RURAL PRESERVATION DEVELOPMENT ............................................................................................... 17 SITE PL'4N ,4 CTMTY ............................................................................................................................ 19 III. INVENTORY OF LAND USE ............................................................................................................. 22 IV. ZONING AND COMPREHENSIVE PI. diN MODIFICATIONS ................................................... 30 2002 REZONING ACTIVITY ................................................................................................................... 30 COMPREHENSIVE PLAN MODIFIC,4TIONS IN2002 ...................................................................... 32 ¥. APPENDIX ............................................................................................................................................. 34 111 LIST OF TABLES Table 2-1: Comprehensive Plan Area - Actual Dwellings Summary, 1998-2002 .................................................. 3 Table 2-2: Dwelling Units by Comprehensive Plan Area by Building Permits Issued in 2002 ............................. 4 Table 2-3: Number of Dwelling Units by Magisterial District by Building Permits Issued in 2002 ...................... 7 Table 2-4: Building Permit Activity Comparison, 1994-2002 ............................................................................... 8 Table 2-5: Total Number of New Dwelling Units from Building Permits Issued, 1983-2002 ............................... 9 Table 2-6: Residential Subdivision Activity in 2002 - Signed Plats ..................................................................... 11 Table 2-7: Distribution by Size (Acreage) Based on Signed Plats Located in the Rural Areas, 2000-2002 ........ 12 Table 2-8: Changes in Subdivision Activity, 1991-2002 - Signed Plats ............................................................... 14 Table 2-9: Rural Area Average Lot Size, 1999-2002 (Development Right Lots) ................................................ 15 Table 2-10:2002 New Lots - Based on Signed Plats, Public and Private Roads ................................................. 16 Table 2-11: Rural Preservation Developments, 1992-2002 .................................................................................. 18 Table 2-12: Major Residential Site Plans Approved in 2002 ............................................................................... 20 Table 2-13: Major Non-residential Site Plans Approved in 2002 ........................................................................ 21 Table 3-1: Residential Land Use Summary, 2002 ................................................................................................ 23 Table 3-2: Commercial and Industrial Land Use Summary, 2002 .................. 2 .................................................... 24 Table 3-3: Acreage in Land Use Taxation by Year and Land Use Type, 1982-2002 ........................................... 25 Table 3-4: Estimate of Distribution of County Land Under Land Use, 2002 ....................................................... 26 Table 3-5: Agricultural/Forestal Districts ............................................................................................................. 27 Table 4-1: Approved Zoning Map Amendments, 2002 ........................................................................................ 31 iv Ill INTRODUCTION The Development Activity Report is an annual review of the residential, commercial, and industrial development applications approved by the Albemarle County Board of Supervisors, Planning Commission, Board of Zoning Appeals, Department of Planning and Community Development, and Building Codes and Zoning Services. This review in no way represents actual development in the County; it simply reflects serious development interests. Throughout the year, numerous actions are taken regarding building permits, subdivision plats, site development plans, and changes to zoning regulations. This report tracks these actions and analyzes where trends of two or more years are occurring. The location of new residential and commercial interest is not only important to planners, but is also useful information for those involved in rural preservation, commercial development, or marketing activities. In June of 1996, the Albemarle County Board of Supervisors adopted the 1996-2016 Land Use Plan. This Land Use Plan is similar in many ways to the previous Plan. However, the Villages of Eadysville and North Garden were eliminated in the Plan as Designated Development Areas.' Development information for these eliminated areas has been incorporated in information about Rural Areas I and 3, respectively. It is important to point out that an amendment to the Plan, approved in December of 1989, created the Village of Rivanna Development Area. In this report, some of the data previously attributed to Rural Area 4 is now shown as belonging to the Rivanna Village. Additions have also been made to the Development Areas of Piney Mountain and Hollymead. Piney Mountain was upgraded from a Village designation to a Community. ~t is also important to note that the Community of Scottsville Development Area was eliminated with the adoption of the 1996-2016 Comprehensive Land Use Plan since a significant portion of the Area was incorporated into the Town of Scottsville by boundary adjustment on January 1, 1994. This report is divided into three major sections. The first section addresses residential development by analyzing where building permit, subdivision, and site plan activity has occurred. The next section describes inventories of residential, commercial, and industrial zoned land along with the distribution of County land in preferential land use taxation. The third section presents zoning map amendments and amendments to the Comprehensive Plan. As in past reports, one purpose of the Development Activity Report is to evaluate the effectiveness of the Albemarle County Zoning Ordinance, adopted December 10, 1980. An objective of the Zoning Ordinance is to encourage development in the Designated Development Areas (these specific Development Areas are described in detail in the Comprehensive Plan). While the Comprehensive Plan outlines goals and objectives for effectively managing Albemarle County's growth, the Zoning Ordinance provides the legal structure by which the goals and objectives are accomplished. For the purposes of this report, 2002 development activity comparisons will be made to the 1996-2016 Land Use Plan. II. .RES ID ENTIAL ACTIVITY A. BUILDING PERMIT ACTIVITY 1. Overview The annual number of new residential dwelling units is an important indicator of growth in a locality. For this report, the number of building permits issued for new residential structures is a measure of new dwelling units to be built in Albemarle County. Though the total level of activity from one year to the next is ascertained from building permit volumes, the distribution of new housing by location and by type can also be analyzed from information provided on a permit. The location and type of dwelling relative to existing utilities, public facilities, and infrastructure provides direction for long-term planning efforts. 2. Building Permits by Comprehensive Plan Area In 2002, the number of new dwelling units from building permits totaled 1,720 (see Table 2-1). This total represents an increase of 845 dwelling units from the 2001 total of 875. The average number of dwelling units produced from new building permits had been roughly 805 units for the previous nine years. Designated Development Areas (Urban Areas, Communities, and Villages) accounted for 82% (1,404 units) of all new dwelling units in 2002. The Urban Areas, consisting of Neighborhoods 1-7, accounted for 66% (1,131 units) of the total 1,720 new dwelling units in 2002, a significant increase in percentage from last year (47%). Of the '1,131 new units located in the Urban Area, 608 were located in Urban Neighborhood 5 (see Table 2-2). This constituted the highest volume of new building activity in the Designated Development. The amount of activity in the Communities increased in 2002. The Communities represented 246 units or 14% of the total number of new units in the County. The Community of Hollymead once again showed a significant amount of new dwelling unit building activity, in 2002, Hollymead accounted for 152 (9%) of the County's total new dwelling units. The adoption of the revised Land Use Plan component of the Comprehensive Plan in June 1996 eliminated two Village designations leaving only one Village in the Plan (Rivanna). The number of dwelling units from building permits in the Village of Rivanna accounted for 27 units, or 2% of the total new dwelling units permitted. In the Rural Areas, the percentage of dwelling units created from new building permits issued accounted for 18% (316 units) of all new dwelling units created within the County. A considerable increase in the total number of dwelling units created from new building permits issued in the County was experienced in 2002, and that increased building activity was focused in the Designated Development Areas. 2 TABLE COMPREHENSIVE PLAN AREA - ACTUAL DWELLINGS SUMMARY 1998-2002 ACTUAL DWELLINGS AND DISTRIBUTION (from Building Reports) COMP PLAN AREA 1998 1999 2000 2001 2002 Urban Areas 367 56% 218 28% 189 29% 414 47% 1,131 66% Communities 158 24% 167 22% 130 20% 186 21% 246 14% Villages 63 10% 49 6% 50 8% 22 3% 27 2% :~uralAreas 286 44% 336 44% 281 43% 253 29% 316 18% TOTAL 874 134% 770 100% 650 100% 875 100% 1,720 100% TABLE 2=2 DWELLING UNITS BY COMPREHENSIVE PLAN AREA BY BUILDING PERMITS ISSUED IN 2002 % OF COMP PLAN AREA SF SFA SF/TH DUP MF MH AA TOTAL UNITS TOTAL URBAN RURAL UNITS Urban Neighborhood I 0 0 39 0 0 0 0 39 2.3% Urban Neighborhood 2 49 17 19 0 0 0 0 85 4.9% Urban Neighborhood 3 26 0 0 0 86 0 0 112 6.5% Urban Neighborhood 4 14 8 0 0 264 0 0 286 16.6% Urban Neighborhood 5 32 4 0 0 572 0 .0 608 35.3% Urban Neighborhood 6 0 0 0 0 0 0 1 1 0.1% Urban Neighborhood 7 0 0 0 0 0 0 0 0 0.0% Crozet Community 80 0 0 0 0 0 0 80 4.7% Hollymead Community 69 24 54 0 0 2 3 152 8.8% Piney Mountain Community 0 0 14 0 0 0 0 14 0.8% Rivanna Village 26 0 0 0 0 0 1 27 1.6% DEVELOPMENT AREA SUBTOTAL 296 53 126 0 922 2 5 1,404 81.6% Rural Area 1 74 0 0 0 0 1 2 77 4.5% Rural Area 2 60 0 0 0 0 2 1 63 3.7% Rural Area 3 103 0 0 0 0 4 3 110 6.4% Rural Area 4 56 0 0 0 0 8 2 66 3.8% RURAL AREA SUBTOTAL 293 0 0 0 0 15 8 316 18.4% TOTAL 589 53 126 0 922 17 13 1,720 100.0% KEY TO TYPES OF HOUSING: SF- Single-Family (includes Modular) DUP- Duplex AA-Accessory Apartment SFA- Single-Family Attached MF- Multi-Family SF/TH- Single-Family Townhouse MH- Mobile Home 4 Building Permits by Dwelling Unit Type Unlike in previous years, the highest percentage of 2002 residential building permit activity occurred in the category of multi-family homes (see Table 2-2). In 2002, 54% (922 units) of all building permits issued for dwelling units were for multi-family homes. Multi-family homes increased by 627 units from the 2001 figure. All of the multi-family units created from new building permit activity were located in the Development Areas, with the highest concentration ( 572 units) in Urban Neighborhood 5. The total number of single-family attached dwelling units constructed remained consistent as 54 units were constructed 2001 and 53 units in 2002. The Community of Hollymead accounted for 45% of the 53 new single-family attached units. Of all building permits issued for new dwelling units in Albemarle County, 3% were for single-family attached units. The total number of single-family townhouses constructed increased to 126 units in 2002 from 45 units in 2001. Of all building permits issued for dwelling units in Albemarle County, 7% were for single-family townhouses. There was an increase in the number of single-family permits issued in 2002. The increased activity in single-family permits yielded 589 single-family units. However, due to the increase in multi-family permit activity, single-family homes accounted for a much lower percentage (34%) of the number of units created from new building permits. Building Permits by Magisterial District The magisterial district boundaries used in this report are those which were revised on June 13, 2001 as a result of the release of the Census Bureau population figures for Albemarle County. Of the six magisterial districts, the Scottsville district recorded the highest level of residential building activity in 2002 with 941 permits issued for new dwelling units, accounting for 55% of all new dwelling units (see Table 2-3). The Rivanna district recorded the second highest level of residential building activity in 2002 with 327 permits issued for new dwelling units, accounting for 19% of all new dwelling units. The Jack Jouett district had the lowest level of residential building permits with 1% (9 units) of the total number of new dwelling units in Albemarle County in 2002. Residential Building Activity Comparison The average number of total dwelling units for which building permits were issued between 1993 and 2001 was 805 units. The 2002 total of 1,720 units represents e highly active year for building activity as compared to the nine-year average. The high amount of activity experienced in 2002 raised the nine year average (1994-2002) to 907 units (see Table 2-4). In the Urban Area (Neighborhoods 1-7), in 2002, Neighborhood 5 accounts for the largest amount of building activity. Among the Communities, the Community of Hollymead continues to account for the majority of the residential building activity. ~n the last nine years, Urban Neighborhood 2 and Urban Neighborhood 4 have displayed the most growth, as both have seen over 1,000 new dwelling units. Together they comprise 24% of the growth experienced in the County from new dwelling units yielded from building permits issued. The total number of units for new residential permits issued located in the Rural Areas of the County increased from 253 in 2001 to 316 in 2002. The amount of new units was slightly above the levels seen in the last nine years. On average, the Rural Areas have witnessed 274 new units annually for the last nine years. Overall, the 1,720 building permits issued in 2002 for residential dwelling units represents an anomaly when compared to housing permit activity over the last twenty years. As shown on Table 2- 5, from 1983 to 2002 an average of 856 units were constructed from new permits issued annually. This is roughly half of the amount of units experienced in 2002. TABLE 2-3 NUMBER OF DWELLING UNITS BY MAGISTERIAL DISTRICT (as revised in May 2001) BY BUILDING PERMITS ISSUED IN 2002 MAGISTERIAL SF SFA SF/TH DUP MF MH AA TOTAL % OF TOTAL DISTRICTS UNITS UNITS Rio 61 17 58 0 0 1 1 t38 8% Jack Jouett 8 0 0 0 0 0 I 9 1% Rivanna 143 24 68 0 86 3 3 327 19% Samuel Miller 99 4 0 0 0 3 5 111 6% Scottsville 88 8 0 0 836 8 1 941 55% White Hall 190 0 0 0 0 2 2 194 11% TOTAL 589 53 126 0 922 17 13 1,720 100% KEY TO TYPES OF HOUSING: S~:- Single-Family (includes Modular) DUP-Duplex AA- Accessory Apts. SFA-Single-Family Attached MF-Multi-Family SF/TH-Single-Family Townhouse MH-Mobile Home 7 TABLE 2-4 BUILDING PERMIT ACTIVITY COMPARISON 'i994-2002 COMP PLAN AREA 1994 1995 1996 1997 1998 1999 2000 2001 2002 TOTAL % OF #UNITS #UNITS #UNITS #UNITS #UNITS #UNITS #UNITS #UNITS #UNITS #UNITS TOTAL Urban Neighborhood 1 0 0 0 48 23 1 0 0 39 111 1% Urban Neighborhood 2 210 97 99 234 69 86 74 55 85 1,009 12% Urban Neighborhood 3 4 0 20 5 177 41 22 276 112 657 8% Urban Neighborhood 4 219 48 264 48 48 44 42 10 286 1,009 12°/ Urban Neighborhood 5 14 11 15 36 36 44 46 70 608 880 11% Urban Neighborhood 6 2 2 3 5 14 2 4 3 1 36 0% Urban Neighborhood 7 1 0 0 0 0 0 1 0 0 2 0% URBAN AREAS SUBTOTAL 450 158 401 376 367 218 189 414 1,131 3,704 45% Crozet Community 40 35 37 59 48 56 53 64 80 472 6% Hollymead Community 123 94 91 134 96 95 75 107 152 967 1 Piney Mountain Community 10 8 12 2 14 16 2 15 14 93 COMMUNITIES SUBTOTAL 173 137 140 195 158 167 130 186 246 1,532 19°/c Rivanna Village 77 48 63 62 63 49 50 22 27 461 VILLAGE SUBTOTAL 77 48 63 62 63 49 50 22 27 461 6%1 I DEVELOPMENT AREATOTALI 700 I 343 I 604 1533 1588 I 434 I 369 I 622 I 1,404 15,697 I 7O% I Ruml Area 1 65 68 57 77 79 67 67 62 77 619 8% Rural Area 2 51 39 45 46 53 89 57 59 63 502 6% Rural Area 3. 68 69 75 66 81 108 87 80 110 744 9% Rural Area 4 55 77 54 83 73 72 70 52 66 i 602 7% RURAL AREATOTAL 1230 1253 I 231 1272 1285 I 335 1281 1253 1315 12,.57 1 3o% TOTAL 939 596 835 905 874 770 650 875 1,720 8,164 100% TABLE 2-5 TOTAL NUMBER OF NEW DWELLING UNITS , FROM BUILDING PERMITS iSSUED 1983m2002 YEAR NUMBER OF # CHANGE FROM DWELLING UNITS PREVIOUS YEAR 1983 1,063 1984 725 -338 1985 714 -11 1986 737 23 1987 654 -83 1988 673 19 1989 1,309 636 1990 804 -5O5 1991 614 -190 1992 866 252 1993 805 -61 1994 939 134 1995 596 -343 1996 835 239 1997 905 70 1998 874 -31 1999 77O -104 2000 650 -120 2001 875 225 2002 1,720 845 TOTAL 17,128 Average 1983-1992: 815.9 Dwelling Units/Year Average 1993-2002: 896.9 Dwelling Units/Year Average 1983-2002: 856.4 Dwelling Units/Year SUBDIVISION ACTIVITY 1. Overview As the County of Albemarle continues to experience growth, there will be continued residential development in the area. The best mechanism for tracking developments is through the analysis of subdivision activity, given that a precursor to a residential development is most commonly the subdividing of land into multiple lots for individual dwelling unit construction. For the purposes of this report, the definition of a subdivision is limited to the division of a parcel of land, including re-divisions, which results in at least one (1) new residential building lot: The creation of condominium lots is separated from that of other residential lots in the analysis of this report. Condominium lots do not include acreage as part of the individual lot. It would be misleading, therefore, to include them in calculations such as average lot size. This section of the 2002 Development Activity Report examines the charaCteristics of new residential building lots through subdivision activity during the year and includes data for plats signed for recordation. Not all subdivision plats approved by the Planning Department are subsequently recorded in the Courts, therefore, adding together all current and historical new lots reported in this, and prior, Development Activity Reports, would result in an over-estimation or "double counting" of the actual number of lots in the County. Also, properties may be subject to repeated subdivision activity and therefore current and historical acreage subdivided cannot be added, since this would result in over-estimation of total acreage divided in the County. 2. Analysis of Signed Plats in 2002, 126 residential subdivision plats were signed and 586 new lots were created (see Table 2- 6). The Designated Development Areas accounted for 39% of the signed plats, 71% of the new residential building lots created, and 20% of the total acres subdivided in 2002. Of the major subdivisions in the Designated Development Areas, Highlands at Mechums River (Section 2B) located in Crozet, contributed the most significant number of new lots (50 lots). The Rural Areas accounted for 61% of the total number of residential subdivision plats signed, 29% of the new lots created, and 80% percent of the total acreage subdivided in 2002 (see Table 2-6). The 77 new subdivisions in the Rural Areas in 2-002 are consistent with the Iow level of subdivision activity that the County experienced in 2001. The number of new subdivisions in the Rural Areas has generally experienced a slow decline since a peak of 176 in 1993. However, the total acreage subdivided in the Rural Areas has fluctuated from as much as 7,395 in 2000 to as Iow as 1,723 in 1996. The total acreage divided in 2002, 5,908, ranks among the higher amount experienced recently. The distribution of new Rural Area lots by size is shown in Table 2-7. Sixty-nine percent of new lots created were less than 21 acres in size. Unlike in 2001, the bulk of new lots created were less than 21 acres, which is to be expected. The percentage of new lots created in 2002 in excess of 21 acres (31%) showed a decisive decrease from those created in 2001 (68%). TABLE 2-6 RESIDENTIAL SUBDIVISION ACTIVITY IN 2002 = SIGNED PLATS COMP PLAN AREA SUBDIVISIONS NEW LOTS TOTAL ACREAGE # % # % Acres % Urban Neighborhood I 0 0.0% 0 0.0% 0.00 0.00% Urban Neighborhood 2 3 2.4% 48 8.2% 26.51 0.36% Urban Neighborhood 3 5 4.0% 62 10.6% 140.04 1.91% Urban Neighborhood 4 2 1.6% 32 5.5% 19.77 0.27% Urban Neighborhood 5 2 1.6% 4 0.7% 39.60 0.54% Urban Neighborhood 6 0 0.0% 0 0.0% 0.00 0.00% Urban Neighborhood 7 I 0.8% 2 0.3% 3.47 0.05% URBAN AREAS SUBTOTAL 13 10.3% 148 25.3% 229.39 3.12% Crozet Community 7 5.6% 135 23.0% 77.03 1.05% Hollymead Community 25 19.8% 113 19.3% 528.64 7.20% Piney Mountain Community 2 1.6% 8 1.4% 4.10 0.06% COMMUNITIES SUBTOTAL 34 27.0.% 256 43.7% 609.78 8.30% Rivanna Village 2 1.6% 14 2.4% 594.78 8.10% VILLAGE SUBTOTAL 2 1.6% 14 2.4% 594.78 8.10% DEVELOPMENT AREAS TOTAL I 49 I 38.9% I 418 I 71.3% ll,433.941 19.53% RuralArea 1 28 22.2% 83 14.2% 1,291.23 17.59% Rural Area 2 7 5.6% 9 1.5% 256.88 3.50% RuralArea 3 20 15.9% 31 5.3% 1,927.91 26.26% RuralArea 4 22 17.5% 45 7.7% 2,432.80 33.13% I RURAL AREAS TOTAL I 77 I 61.1% I 168 I 28.7% 15,908.821 80.47% TOTAL 126 100.0% 586 100.0% 7,342.76 100.00% TABLE 2-7 2000-2002 NEW LOTS DISTRIBUTED BY SIZE (ACREAGE) BASED ON SIGNED PLATS LOCATED IN THE RURAL AREAS 2000 2001 2002 RANGE IN ACRES NEW LOTS % OF TOTAL NEW LOTS % OF TOTAL NEW LOTS % OF TOTAL CREATED RURAL LOTS CREATED RURAL LOTS CREATED RURAL LOTS i Under 2.0 0 0% 1 1% 0 0.00% 2.0 to 4.99 44 18% 13 10% 22 13.10% 5.0 to 9.99 28 11% 14 10% 53 31.55% 10.0 to 20.99 124 50% 16 12% 41 24.40% 21.0 and Over 51 21% 92 68% 52 30.95% TOTAL 247 100% 247 100% 168 100% ]2 3. Historic Comparison of Subdivision Activity - Signed Plats The comparison of subdivision activity in 2002 to that of previous years is a useful tool for identifying growth patterns (see Table 2-8). In 2002, there was an increase in the total number of new residential subdivision plats signed from 112 in 2001 to 126 (see Table 2-8). This number is still below the 12-year average of 135 plats signed per year. In addition, there was an increase in the total number of new residential building lots created through subdivision activity, from 498 new lots in 2001, to 586 lots in 2002. This number is above the average in recently history, as since 1991 the average number of new lots created is 550. The Designated Development Areas accounted for 418 of the 586 new lots in 2002, which is only a slight increase over the number of new lots in 2001. These 418 lots account for 71% of total lots, consistent with 73% in 2001. The total acreage subdivided in the Development Areas was the most amount of acreage subdivided in recent history. This created an abnormally large average acreage size, experienced recently only in 1999. The location of the new lots was most frequently in the Communities (256 lots). The Village of Rivanna only reported 14 new lots. In the Rural Areas, the 168 new lots created in total of 136 new lots. In addition, the 168 new above the established average of 135 new lots Rural Area subdivisions created only one (1) 2002 represented an increase of 23% 'from the 2001 lots created by signed plats in 2002 remains slightly in the Rural Areas. From 1987 to 1998, many of the or two (2) new lots each, and the average lot size tended to be larger, ranging from 7 to nearly 15 acres (see Table 2-8). In the years prior to 1987, the number of new lots created per subdivision was relatively high (3 to 5 lots per subdivision), and the resulting average lot size tended to be smaller. In 1999 and 2000, explosive growth in the average lot size was experienced. However, the average lot size in the Rural Areas for 2002 was 12.53 acres, which is in line with the sizes averaged from 1987 to 1998. The new average lot sizes for new Rural Area lots created with development rights (which exclude lots greater than or equal to 21 acres), from 1999 to 2002 appear in Table 2-9. Average lot sizes of those lots created with development rights in the Rural Areas have increased in all Rural Areas. 4. Signed Plats - Public vs. Private Roads Effective January 1, 1984, the provisions in the Subdivision Ordinance regarding private roads were substantially amended to state that private roads would be the exception to public road construction in subdivision developments. Prior to this amendment, the number of subdivisions on private roads was higher than the number with public roads. After the amendment was enacted, the distribution of subdivisions on public roads versus private roads generally began to favor public road development. In 2002, public road access for new lots far exceeded private road access with 59% of all new lots utilizing public roads while 30% used private roads. One percent of new lots created in 2002 utilized both public and private roads, while 6% of new lots were created with no roads. (see Table 2-10). TABLE[ 2-8 CHANGES IN SUBDIVISION ACTIVITY t991-2002 SIGNED PLATS COMP PLAN AREA 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 URBAN AREA Subdivisions 26 26 32 281 20 21 15 14 7 10 8 13 New Lots 190 234 191 171 162 179 129 55 75 70 171 148 Acreage 48.00 160.00 130.00 100.76 218.00 91.95 297.24 222.24 176.72 133,19 179.98 229.39 * Average Lot Size 0.25 0.68 0.68 0.59 1.35 0,51 2.30 4.04 2.36 1.90 1.05 1,55 COMMUNITIES Subdivisions 12 12 18 12 14 11 15 13 18 7 23 34 New Lots 125 127 272 135 208 40 143 138 76 178 190 256 Acreage 118.00 82.00 75.00 50.00 81.00 20.61 90.83 48.57 195.21 157.62 169.12 609.78 * Average Lot Size 0.94 0.65 0.28 0.37 0.39 0.52 0.64 0.35 2.57 0.89 0,89 2.38 VILLAGES Subdivisions 4 5 3 2 8 3 3 I 2 1 1 2 New Lots 16 314 20 2 73 82 42 51 2 .72 1 14 Acreage 11.00 169.00 9.00 43.00 46.00 64.00 13.5; 22.13 119.04 66.47 5.60 594.78 * Average Lot Size 0.69 0.54 0.45 21.50 0.63 0,78 0.32 0.43 59,52 0.92 5.60 42.48 TOTAL DEVELOPMENT AREAS Subdivisions 42 43 53 42 42 35 33 28 27 18 32 49 New Lots 331 675 483 308 443 301 314 244 153 320 362 418 Acreage 177.00 411.00 214.00 193.76 345.00 176.56 401.58 292,94 490,96 357.27 354.70 1433.94 * Average Lot Size 0.53 0.61 0.44 0.63 0.78 0.59 1.28 1.20 3.21 1.12 0.98, 3.43 RURAL AREA 1 Subdivisions 18 20 33 30 26 18 22 26 18 25 25 28 New Lots 42 27 70 87 37 28 26 38 25 71 38 83 Acreage 316.00 150.00 930.00 315.00 708.00 272.00 210.09 399.24 912.40 1702.67 1056.39 1291,23 * Average Lot Size 7.52 5,56 13.29 3.62 19.14 9,71 8.08 10.51 36.50 23.98 27.80 15.56 RURAL AREA 2 Subdivisions 25 25 21 21 13 18 17 20 20 17 12 7 New Lots 30 38 36 36 20 33 75 27 38 70 20 9 Acreage 510.00 280,00 428.00 428.00 294.00 416.00 502.67 245.48 789.87 2008.38 311.99 256.88 * Average Lot Size 17,00 7.37 11.89 11.89 14.70 12.61 6.70 9,09 20.79 28.69 15.60 28.54 RURAL AREA 3 Subdivisions 34 44 34 33 28 27 33 29 23 14 22 20 New Lots 68 76 92 37 69 42 52 100 42 26 36 31 Acreage 550,00 873.00 460.00 794.00 732.00 313.00 461.89 1499,63 1606.02 607,16 1356.74 1927.91 * Average Lot Size 8,09 11,49 5,00 21.46 10.61 7.45 8.88 15.00 38,24 23.35 37.69 62.19 RURAL AREA 4 Subdivisions 37 37 35 11 33 29 28 23 34 23 21 22 New Lots 48 50 75 19 56 45 43 26 43 80 42 45 Acreage 848.00 593,00 1387.00 254.00 910.00 546.00 366.72 276.44 3179.35 2719.70 1449.00 2432.80 * Average Lot Size 17.67 11,86 18.4S 13.37 16,25 12.13 8.53 10.63 73.94 34,00 34.50 54.06 TOTAL RURAL AREAS Subdivisions 114 126 123 95 100 92 100 98 95 79 80 77 New Lots 188 191 273 179 182 148 196 191 i48 247 136 168 Acreage 2224.00 1896.00 3205,00 1791.00 2644.00 1547.00 1541.37 2420.79 6487.65 7037.92 4172.12 5908.82 * Average Lot Size 11.83 9.93 11.74 10.01 14.53 10.45 7.86 12.67 43.84 28.49 30,69 35.17 GRAND TOTAL Subdivisions 156 169 176 137 142 127 133 126 122 97 112 126 New Lots 519 866 756 487 625 449 510 435 301 567 498 586 Acreage 2401.00 2307.00 3419.00 1985.00 2989.00 1723.56 1942.95 2713.73 6978.61 7395.20 4528,82 7342,76 * Average Lot Size 4.63 2.66 4.52 4.08 4.78 3.84 3.81 6.2z 23.18 13.04 9,0~ 12.53 I * Average Lot Size is not an indication of density. For each subdivision approved by the Planning Department, "Average Lot Size" was determined by summing open space acres and acreage in lots and dividing by the total number of new lots thereby resulting in a higher density than may actually exist. ]4 TABLE 2-9 RURAL AREA AVERAGE LOT SIZE, 1999~2002 (Development Right Lots) CHANGE COMPREHENSIVE 1999 2000 2001 2002 FROM '01-'02 AREA I Rural Area 1 5.00 ac. 7.29 ac. 6.74 ac. 8.11 ac. 1.37 ac. ~,uralArea2 3.43 ac. 5.88 ac. 6.50 ac. 13.33 ac. 6.83 ac. Rural Area3 10.64 ac. 10.12 ac. 11.84 ac. 13.64 ac. 1.80 ac. Rural Area4~ 6.58 ac. 7.80 ac. 8.33 ac, 9.50 ac. 1.16 ac. Average Lot Size is not an indication of density. For each subdivision approved by the Planning Department, "Average Lot Size" was determined by summing open space acres and acreage in lots and dividing by the total number of new lots thereby resulting in a higher density than may actually exist. (Example: Subdivision X Acreage = 20 open space acres + 50 acres in lots; "Average Lot Size" = 70 acres/total number of lots) TABLE 2=10 2002 NEW LOTS BASED ON SIGNED PLATS PUBLIC AND PRIVATE ROADS' # OF CLASSIFICATION OF ROADS NEW % LOTS Easement 23 3.92 Public Roads 347 59.22 Private Roads 175 29.86 Public / Private Roads 6 1.02 No Roads 35 5.97 TOTAL 586 100.00 5. Rural Preservation Development The Rural Preservation Development was created as an alternative to the conventional development subdivision provisions set forth in Section 10 (Rural Areas District) of the Albemarle County Zoning Ordinance. The Rural Preservation Development option, added to the Zoning Ordinance in November 1989, is intended to encourage more effective land usage in terms of the goals and objectives for the Rural Areas as set forth in the Comprehensive Plan. Therefore, in addition to the standard subdivision provisions, which appear in the Zoning Ordinance, applications for Rural Preservation Developments are reviewed for the preservation of agricultural and forestal lands and activities; water supply protection; and/or conservation of natural, scenic, or historic resources. There were two rural preservation developments approved in 2002, Copperfield and Tanager Woods. (see Table 2-11). ]7 TABLE 2-'~ 1 RURAL PRESERVATION DEVELOPMENTS, 1992~2002 COMP PLAN AREA 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 TOTAL RURAL AREA 1 Total Acreage 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 272.46 272.46 Number of Dev. Lots 0.00 0.00 0.00 0.00 -1.11 0,00 0.00 0.00 0.00 0.00 30.00 28.89 Ave. Acreage of Dev. Lots 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4.88 RPTAcreage 0.00 0.00 0.00 0.00 1.11 0.00 0.00= 0.00 0.00 0.00 124.39 125.50 Common OpenSpaceAcreage 0.00 0.00 0.001 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 RURAL AREA 2 Total Acreage 132.90 0.00 0.00 0.00 0.00 0,00 0.00 0,00 0.00 0.00 0~00 132.90 Number of Dev. Lots 13.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 13.00 Ave. Acreage of Dev. Lots 5.79 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.0'0 0,00 RPTAcreage 57.70 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 57.70 Common Open SpaceAcreage 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 RURAL AREA 3 Total Acreage 84.13 521.91 0.00 0.00 0.00 0.00 0.00 198.45 0.00 0.00 0.00 804.49 Number of Dev. Lots 7.00 40.00 0.00 0.00 0.00 0.00i 0.00 16.00 0.00 0~00 0.00 63.00 Ave. Acreage of Dev. Lots 5.26 2.94 0.00 0.00 0.00 0.00 0.00 5.30 0.00 0.00 '0.00 RPTAcreage 47.33 385.43 0.00 0.00 0.00 0.00 0.00 113.92 0.00 0.00 0.00 546.68 Common OpenSpaceAcreage 0.00 19.20 0.00 0.00 0.00 0.00 0.00 0.00 0.0(: 0.00 0.00 19.20 RURAL AREA 4 Total Acreage 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 Number of Dev. Lots 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 Ave. Acreage of Dev. Lots 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 RPTAcreage 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 Common OpenSpaceAcreage 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL TotalAcreage 217.03 521.91 0.00 0.00 0.00 0.00 0.00 198.45 0.00 0.00 272.46 1,209.85 Number of Dev. Lots 20.00 40.00 0.00 0.00 -1.11 0.00 0.00 16.00 0.00 0.00 30.00 104.89 Ave. Acreage of Dev. Lots 10.85 13.05 0.00 0.00 0.00 0.00 0.00 12.40 0.00 0.00 4.88 RPTAcreage 105.03 385.43 0.00 0.00 1.11i 0.00 0.00 113.92 0.00 0.00 124.39 729.88 Common OpenSpaceAcreage 0.00 19.20 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0o00 19.20 18 SITE PLAN ACTIVITY The approval of site development plans is another measure of growth in Albemarle County. This section of the Development Activity Report examines the site development plans that were signed in 2002, In 2002, four major residential site development plans totaling 485 new dwelling units were signed (see Table 2-12). The 485 units approved by site development plans in 2002 presents a major decrease over the 891 new units approved in 2001. Major non-residential site development plans signed in 2002 appear in Table 2-13. Major site development plans included in the table, with the exception of public/institutional plans, exceed 15,000 sq. ft. A total of 10 major non-residential site development plans were signed creating 814,808 square feet of commercial/retail, industrial, or public/institutional construction. Of the total square footage approved, 505,010 square feet was for commercial/retail services (as compared to 582,429 square feet approved in 2001); 20,900 square feet for industrial (as compared to 191,540 square feet in 2001); 0 square feet for office services (as compared to 47,128 square.feet approved in 2001); and 288,898 square feet for public/institutional services (as compared to 719,222 square feet approved in 2001). Eight of the ten development plans approved in 2002 were located within the Designated Development Areas. lp TABLE 2ml 2 MAJOR RESIDENTIAL SITE PLANS APPROVED IN 2002 PROJECT NAME COMP PLAN AREA TYPE OF DWELLINGS NUMBER OF DWELLINGS Webland Park Neighborhood I single-family townhouse 40 Rio Square Neighborhood 2 single,family townhouse 21 Collegiate Hall Apartments Neighborhood 5 multi-family residence 280 Sterling University HouSing Neighborhood 5 multi-family residence 144 TOTAL 485 2O TABLE 2,13 MAJOR NON-RESIDENTIAL SITE PLANS APPROVED IN 2002 PROJECT NAME USE AREA MAG COMP PLAN AREA (SQ FT) DISTRICT COMMERCIAL/RETAIL SERVICES Fontaine Research Park Clinical Office Blgs Two office buildings 113,580 Samuel Miller Neighborhood 6 Mountainwood Final Reuse of existing bldg, 391,430 Scottsville Neighborhood 5 new parking spaces SUBTOTAL 505,010 INDUSTRIAL Precision Sports Surfaces, Inc. Two new buildings 20,900 Samuel Miller Rural Area 3 SUBTOTAL 20,900 OFFICE SUBTOTAL ....... PUBLIC/I NSTITUTIONAL Jack Jouett Middle School An addition. 20,000 Jack Jouett Rural Area 1 ACAC @ Four Seasons Landscaping, 203,817 Rio Neighborhood 1 Charlottesville-Albemarle Airport QTA A rental car service fac. 4,800 Rivanna Hollymead Community Maple Grove Christian Church Expansion & new bldgs 28,356 Rivanna Hollymead Community Calvary Baptist Church Addition Addl bldg onto church 4,080 Scottsville Neighborhood 4 Monticello Fire & Rescue Station #11 A fire and rescue station 13,245 Scottsville Neighborhood 4 Brownsville Elementary School Addl. wings to bldgs 14,600 White Hall Crozet Community SUBTOTAL 288,898 TOTAL 814,808 21 III. INVENTORY OF LAND USE An inventory of residential, commercial, and industrial land was conducted to identify popUlation and commercial centers in Albemarle County (see Tables 3-1 and 3-2) in 2002. The analysis of the County's data was facilitated by the identification and grouping of developed and undeveloped properties in residential, commercial, and industrial categories. The purpose of this inventory is to examine the distribution of land uses in specific areas of the County. The inventory of residential, commercial, and industrial development was assembled with the assistance of the County's Comprehensive Information System (CIS); a database which stores parcel related data. The data represented in Tables 3-1 and 3-2 were revised for the 2002 Development Activity Report to reflect Zoning Map Amendments approved in 2002. The data in these tables does not incorporate changes due to development of parcels previously listed in the 2000 and 2001 Development Activity Reports as undeveloped. Therefore, these totals may over-estimate undeveloped property. Aisc included .in this section of the Development Activity Report is an inventory of land currently in the Land Use Taxation Program (see Table 3-3 and 3-4). This program was created in 197'1 when the Virginia General Assembly enacted a law permitting localities to adopt special as~,essments for properties in agriculture, forest, horticulture, and/or open space. The County land use ordinance was adopted in 1975. Since rural area preservation has been an expressed concern in Albemarle County, the inventory of parcels in land use is an estimate of at least part of the acreage currently being maintained in agriculture, forest, horticulture, and open space. The percentage of acreage in land use in 2002 accounts for 63% (see Table 3-3) of the total acreage within Albemarle County. Twenty percent of the total acreage within the Designated Development Areas is in land use (see Table 3-4). The amount of land in the Designated Development Areas did not change from the amount recorded in 2001. Sixty-five percent of the total acreage of the Rural Areas is in land use, a slight decrease from 2001. In addition to enrollment in the Land Use Taxation Program, rural landowners also have the option of joining an Agricultural and Forestal District. Agricultural and Forestal Districts are created voluntarily by landowners. By joining an Agricultural and Forestal District, the landowner agrees not to subdivide or develop their property to a more intensive non-agricultural use during the period in which the property remains within a District. The Districts are approved for a period of 4 to 10 years, after which time they are eligible for re-approval. Increased activity in the creation of new Agricultural and Forestal Districts, as well as additions made to existing districts, prompted the listing of these districts in the Development Activity Report for the first time in '1987. The total acreage for all districts was 3'1,779 acres as of December 31, 1987. As of December 31st, 2002, a total of 64,768 acres were dedicated to Agricultural and Forestal Districts (see Table 3-5). This figure represents 13.93% of the land area in Albemarle County. 22 0 ~00~ ~ ~ ~ 0 0 0~ ~ I ~ 0000000 0 0~0 ~ 0 0 0000 0 ~i~, 0000000 0 0 ~ ~ ~ 0 0 0000 0 ~ 0000000 0 ~ ~ 0 0 00~0 ~ 000000~ ~ ~0 ~ 0 0 00~0 ~ > goog~o~ ~~==~ ~ o o ==~°~° ~ o o o Z  J ooo~oo~ ~ ~ ~ o o ~o~ ~ ~ > ~o~oooo ~ ooo o o o oooo o ~ ~oooo ~ ~oo ~ o o oooo o Z Z ~ Oz ~ ~ ~0000 ~ ~0 ~ 0 0 000~ ~ 0 > ~0~0~ ~0 ~ 0 0 0000 0 O~ 0 ~0~0~~ 0~0 ~ 0 0 ~0~0 ~ 0 oooo 0 ~ 0 0 ~~ 0 <OOOo o o o o o o 0 oooooo ~ ~ ~ ~ ~ ~ 0 ZZZZZZZ OZ~ ~ TABLE 3-3 ACREAGE IN LAND USE TAXATION BY YEAR AND LAND USE TYPE, 1982-2002 LAND USE TYPE PERCENTAGE YEAR OPEN TOTAL OF TOTAL AGRICULTURE HORTICULTURE FORESTRY SPACE COUNTY ACREAGE 1982 121,917 1,868 227,915 0 351,700 75.6% 1984 108,519 1,919 207,243 9 317,690 68.3% 1985 109,051 1,931 209,312 9 320,303 68.9% 1986 107,832 1,921 208,259 8 318,020 68.4% 1987 110,036 1,952 210,653 8 322,649 69:4% 1988 109,283 1,985 211,489 8 322,765 69.4% 1989 110,236 2,195 216,036 8 328,475 70.6% 1990 109,541 2,306 215,221 6 327,074 70.3% 1991 109,440 2,506 216,389 6 328,341 70.6% 1992 109,932 2,521 218,936 6 331,395 71.3% 1993 110,736 2,447 219,593 6 332,782 71.6% 1994 101,819 2,392 200,950 63 305,224 65.6% 1995 106,571 2,393 211,753 87 320,804 69.0% 1996 105,484 2,412 213,165 134 321,195 69.1% 1997 103,803 2,416 207,138 134 313,491 67.4% 1998 101,925 2,296 202,370 108 306,699 66.0% 1999 107,090 2,026 195,824 126 305,066 65.6% 2000 107,058 2,026 195,683 126 304,893 65.6% 2001 102,3!6 2,272 201,579 196 314,129 67.5% 2002 95,922 2,486 192,377 373 291,159 62.6% Note: Totals for 1983 are not available. Estimated total acreage of Albemarle County is 465,040. This estimate was calculated digitally in March 1998. Previous years were re-calculated to reflect this estimate. TABLE 3-4 ESTIMATE OF DISTRIBUTION OF COUNTY LAND UNDER LAND USE, 2002 ACREAGE ACREAGE iN NOT IN TOTAL LAND USE LAND USE Development Areas 4,504 17,792 22,296 Rural Areas 286,656 156,088 442,744 TOTAL 291,159 173,881 465,040 Notes: 1. Total County land area is based on a total area of 726.625 square miles x 640 acres per square mile = 465,040 acres. Approximately 14,000 acres of Rural Areas land, not in land use, is owned by the Federal government (,Shenandoah National Park). 2. These estimates were calculated digitally. 26 TABLE 3-5 ALBEMARLE COUNTY AGRICULTURAL/FORESTAL DISTRICTS (As of December 31st, 2002) NAME DATE ACTION/ACREAGE CURRENT ACREAGE PARCELS REVIEW pERIOD REVIEW DATE 1. Totier Creek 06-29-83 District Created/6,070.77 acres 10 years 06-29-91 District Reviewed/7,246.52 acres 10 years 09-16-92 Addition/1,392.22 acres 10 years 07-10-95 Withdrawal/764.08 10 years 09-11-00 Addition/174.084 10 years 06-20-01 Review/- 781.837 acres 7,007.79 10 years 06-29-2011 2. Hatton 06-29-83 District Created/2,913.69 acres 10 years 12-19-84 Withdrawal/40 acres 10 years 06-29-91 District Reviewed/2,824.22 acres 10 years 07-10-95 Withdrawal/2,035.68 10 years 06-20-01 Review/- 3.741acres 641.42 10 years 06-29-2011 3. Eastham 10-02-85 District Created/764.75 acres 10 years 10-13-93 District Reviewed/587.30ac 10 years 12-08-93 Addition/135.19ac 10 years 05-11-94 District Reviewed(Cont.)/178.09 ac 900.58 10 years 10-13-2003 4. Blue Run 06-18-86 District Created/1,136.08 acres 8 years 0t-04-89 Addition/2,998.67 acres 8 years 07-13-94 District Reviewed/3,634.89 acres 8 years 04-12-95 Addition/60.21 acres 8 years 08-08-01 Addition/174.337 acres 3,755.86 8 years 06-18-2002 5. Keswick 09-03-86 District Created/5,223.11 acres 10 years 09-07-88 Addition/699.01 acres 10 years 01-16-91 Addition/263.00 acres 10 years 10-12-94 District Reviewed/6,063.81 acres 10 years 10-12-94 Addition/320.52 acres 10 years 04-12-95 Addition/17.38 acres 10 years 08-13-97 Addition/190.872 6,592.58 10 years 09-03-2004 r6. Kinloch 09-03-86 District Created/I,586.60 acres 10 years 05-02-90 Addition/63.40 acres 10 years 04-14-93 Add ifion/34.17 acres 10 years 11-17-93 Addition/3.81 acres 10 years 10-12-94 District Reviewed/I,683.96 acres 10 years 10-12-94 Additon/393.16 acres 10 years 09-13-00 Additon/8.85 acres 2,085.97 10 years 09-03-2004 7. Moorman's River 12-17-86 District Created/8,035.98 acres 10 years 09-07-88 Addition/2,269.03 acres 10 years 01-04-89 Addition/173.69 acres 10 years 05-02-90 Addition/443.44 acres 10 years 04-14-93 Addition/170.45 acres 10 years 12-21-94 District Reviewed/9,989.36 10 years 04-12-95 Addition/330.00 acres 10 years 27 TABLE 3-5 (CONT.) ALBEMARLE COUNTY AGRICULTURAL/FORESTAL D)STRICTS NAME DATE ACTION/ACREAGE CURRENT ACREAGE PARCELS REVIEW PERIOD REVIEW DATE 7. Moon'nan's River (cont,) 08-09-95 Addition/59.92 acres 10 years I 08-13-97 Addition/242.38 10 years 05-12-99 Addition/Il0.44 acres 215 10 years 04-19-00 Addition/81.45 acres 10,813.55 10 years 12-17-2004 8. Hardware 11-04-87 District Created/6,023.94 acres 10 years 05-03-89 Addition/206.88 acres 10 years 11-12-97. Review/3856.031 acres 10 years 05-13-98 Addition/11.97 acres 10 years 07-12-00 Addition/153.48 acres 4,021.48 10 years 11-12-2007 9. Jacob's Run 01-06-88 District Created/727.28 acres 6 years 05-03-89 Addition/500.43 acres 6 years 03-02-94 District Reviewed/I,124.99 acres 6 years 09-10-96 Withdrawal/107.73 acres 6 years 04-19-00 Review/1017.26 acres 1,017.26 10 years 01-06-2010 10. Carter's Bridge 04-20-88 District Created/7,969.72 acres 10 years 10-31-90 Addition/3,692.36 acres 10 years 05-21-97 Addition/262.75 acres 10 years 09-09-98 DistriCt Reviewed/9,004.16 acres 10 years 02-10-99 Addition/ 42:00 acres 10 years 05-12-99 Addition/117.69 acres 9,163.85 10 years 04-20-2008 1. Lanark 04-20-88 District Created/996.05 acres 10 years 09-16-92 Addition/4,625.89 acres 10 years 09-09-98 District Reviewed/5,633.52 acres 10 years 02-10-99 Addition/39.71 acres 10 years 04-20-2008 10-06-99 Addition/154.638 acres 5,827.87 10 years 12. Panorama 04-20-88 District Created/I,066.11 acres 10 years 06-14-95 Addition/42.40 acres 10 years 09-09-98 District Reviewed/265.40 acres 10 years 03-17-99 Addition/7.12 acres 272.52 10 years 04-20-2008 13. Free Union 09-21-88 District Created/1,394.60 acres 10 years 01-04-89 Addition/30.01 acres 10 years 05-16-91 Addition/716.37 acres 10 years 09-09-98 District Reviewed/1,379.27 1,379.27 10 years 09-21-2008 14 Ivy Creek 11-02-88 District Created/578.03 acres 7 years 04-14-93 Withdrawal/55.17 acres 7 years 02-14-96 Review/494.860 acres 494.86 7 years 02-14-2003 15. Buck Mountain 01-04-89 District Created/633.35 acres 10 years 04-12-95 Addition/26.89 acres 10 years 01-13-99 Review/488.92 acres 10 years 10-06-99 Addition/13.55 acres 502.47 10 years 01-04-2009 16. Yellow Mountain 03-08-89 District Created/975.52 acres 10 years 06-24-96 Withdrawal/275.55 acres 10 years TABLE 3-5 (CONT.) ALBEMARLE COUNTY AGRICULTURALIFORESTAL DlSTR~CTS NAME DATE ACTION/ACREAGE CURRENT ACREAGE PARCELS REVIEW PERIOD REVIEW DATE 16. Yellow Mountain (cont.) 01-13-99 Review/681.29 acres 10 years 05-12-99 Addition/43.77 acres 10 years 05-12-99 Withdrawal/84.00 acres 641.06 1 '10 years 03-08-2009 17. Chalk Mountain 09-06-89 District Created/I,272.47 acres 10 years 10-06-99 Review/I,272.47 acres 10 years 04-19-00 Addition/48.06 acres 1,320.53 10 years 09-06-2009 18. Sugar Hollow 09-06-89 :)istrict Created~2,581.97 acres 10 years 08-01-90 Addition/697.72 acres 10 years 04-14-93 Addition/1,524.32 acres 10 years 11-17-93 Addition/55.79 acres 10 years 10-06-99 Review/4,729,14 acres 10 years 01-09-02 Addition/132.251 4,925.74 10 years 09-06-2009 19. Batesville 05-02-90 District Created/906.51 acres 10 years 04-19-00 Review/633.78 acres 10 years 09-13-00 Addition/38.499 acres 10 years 07-11-01 Addition/40.12 acres 712.40 10 years 05-02-2010 I ;~0. High Mowing 01-16-91 District Created/622.44 acres 10 years 06-20-01 Review 622.44 10 years 01-16-201 t 21. Pasture Fence Mtn. 11-17-93 District Created/870.42 acres 10 years 07-13-94 Addition/453.50 acres 1,323.92 10 years 11-17-2003 22. N. Fork Moorman's River 11-17-93 District Created/270.48 acres 270.48 10 years 11-17-2003 23. Nortonsville Local 10-06-99 District Created/92.575 acres 92.58 8 years 10-06-2007 24. South Garden 10-06-99 District Created/2,033.33 acres 2,033.33 7 years 10-06-2006 TOTAL 64,768.00 acres 13.93% of 465,040 acres IV. ZONING AND COMPREHENSIVE PLAN MODIFICATIONS A. 2002 REZONING ACTIVITY This section of the Development Activity Report is a review of zoning changes that were approved by the Albemarle County Board of Supervisors in 2002 in comparison with neighboring uses, and to acknowledge changes in growth patterns that affect the goals of the Comprehensive Plan. A total of 23.16 acres were rezoned in 2002 as a result of eight Zoning Map Amendment applications, which resulted in seven Zoning Map modifications (see Table 4-1). The most significant rezoning, in terms of acreage, occurred in the Crozet Community with 9.5 acres rezoned from R-2 to PRD. The amount of acreage rezoned by zoning map amendment throughout the County decreased in 2002 from a total of 110.05 acres rezoned in 2001. 30 TABLE 4-1 APPROVED ZONING MAP AMENDMENTS, 2002 (changes to zoning classifications) COMP PLAN AREA PREVIOUS NEW ACRES ZONING ZONING I Crozet Community R-2 R-10 0.28 Crozet Community R-2 PRD 9.69 Neighborhood 1 HC PD-SG 1.53 Neighborhood 1 R-6 R-15 2.74 Neighborhood 5 HC, L] HC 3.50 Rural Area 1 PUD RA 6.02 Rural Area 4 RA Cl 0.50 TOTAL AC REAG E REZO N E D 23~ 16 3] B. COMPREHENSIVE PLAN MODIFICATIONS IN 2002 The Albemarle County Board of Supervisors adopted the current, revised Land Use Plan in June 1996. This revised plan incorporated several changes from the previous plan. The new Land Use Plan places an increased emphasis on promoting infill development of a more urban scale within the Development Areas. To achieve this goal the Plan recommends: Achieving. higher gross densities of development in the Development Areas; Encouraging mixed use developments; Encouraging neighborhood style development and design; Encouraging road development and design to be of a scale more in keeping with surrounding neighborhoods which also accommodates multiple modes of transportation such as bicycle, pedestrian and mass transit; and, Encouraging interconnection of neighborhoods with provision of walkways, bikeways, open space areas, and neighborhood scale street systems; Emphasizing the provision of necessary public facilities and services to support such scale of development including water, sewer, and recreation facilities. In January 1997, the Board of Supervisors began the Development Area Initiatives Project to provide guidance on obtaining a higher quality of development in the Development Areas and on master planning the urban neighborhoods, communities, and villages. A Board appointed committee, the Development Areas Initiative Steering Committee, began work in February 1997 and completed their work in March 2000. In April 2000, they recommended a three-volume report, The Neighborhood Model, to the Board of Supervisors. The first volume provided 12 guiding principles for new development and a template for developing master plans. The second volume provided implementation strategies. The third volume contained the supporting documents for the recommendations. in May of 2000, the Board of Supervisors forwarded the report to the Planning Commission and asked the Commission to consider Volume 1 as a Comprehensive Plan amendment to the 1996 Land Use Plan. From June to December 2000, the Commission held worksessions to consider significant planning and development changes proposed in the report and to edit the document. The Commission forwarded its recommended report to the Board of Supervisors on February 20, 2001 and the Board adopted the report, "The Neighborhood Model, Building Block for the Development Areas (Volume 1)" on May 16th, 2001. In July of 2002, revisions were made to sections of the land use plan to make the plan consistent with the Neighborhood Model by describing the desired characteristics for new development, the desired form for the development areas, and to introduce mixed uses in the different land use categories. (CPA 02-01 Neighborhood Model Amendments, approved July 10, 2002). In 2002, the Albemarle County Board of Supervisors approved the following three (3) Comprehensive Plan Amendments, which were in support of the Neighborhood Model: Revision of the land use plan and recommendations for the Village of Rivanna to create a mixed use community at the entrance to Glenmore (CPA 01-03 - Rivanna Village at Glenmore, approved April 3, 2002); 32 Revision of the land use plan and recommendations for Neighborhood I to create a mixed-use largely commercial development at the northwest corner of the intersection of Route 29 North and Hydraulic Road. (CPA 01-, Albemarle Place, approved December 11, 2002 ). V. APPENDIX AlbC~hrle ~, bIEIGIt~ORHOODS 1 ~ 7 COMMUNITIES VILLAGES COMPREHENSIVE PLAN AREAS 34 COUNTY OFALBEII/IARLE URBANAI?EA tVEIGHBOiTHOOO$ I - 7  COM~ 1 2 3 4 ~ Miles ...;',~ ..~.. ~ ... ,~ · ./~..' · '. .... ~,. ., , '".~.~.~.: /' .. ........ x. /250 [ ' i ~' ~5' ~ ~.",~-~,~-.. "..- E .,.,. ~:~.,...~..~.~ ....... .. CITY ~ ....... OF ,,, 35 County of Albemarle HALL MAGISTERIAL DISTRICTS FAX 1434) 972-4126 COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 Mclntire Road, Room 227 Charlottesville, Virginia 22902-4596 TELEPHONE (434) 296-5832 TTD (434) 972-4012 June 10,2003 Carol H. Gates P.O. Box 315 White Hall, VA 22987 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS - Tax Map 15, Parcel 2B (Property of Carol H. Gates) Section 10.3.1 Dear Ms. Gates: The County Attorney and I have reviewed the title information for the above-noted property. It is the County Attorney's advisory opinion and my official determination that Tax Map 15, Parcel 2B contains two separate parcels of record-, each with five (5) theoretical development rights. The basis for this determination is summarized as follows. Our records indicate Tax Map 15, Parcel 2B contains 63.660 acres and one dwelling. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 509, page 519. This determination begins with Deed Book 252, page 421, dated December 12, 1941. This deed conveyed three parcels from Joseph Z. Shiflett & Eliza R. Shiflett to Robert Henley Shiflett & Mabel Mae Shiflett. The parcels are described, in part, as follows: Parcel I. Twelve acres conveyed to Joseph Shiflett on February 8, 1916 by deed recorded in Deed Book 161, page 460. Parcel II. Twenty-five acres conveyed to Joseph Shiflett on February 8, 1916 by deed recorded in Deed Book 161, page 460. Parcel III. Forty acres conveyed to Joseph Shiflett on May 17, 1920 by deed recorded in Deed Book 173, page 331. Based on these separate descriptions, Parcels I, II and II were distinct parcels at the time of this conveyance. I:\DEP%BCZS'd3etermin of Parcel\15-2B Gates.doc Carol H. Gates June 10, 2003 Page 2 The most recent instrument for this parcel recorded prior to the date of adoption of the Albemarle CountY Zoning Ordinance, (December 10, 1980) is in Deed Book 509, page 519. This deed, dated July 6, 1972 conveyed, "that certain tract or parcel of land in Brown'~ Cove, in Albemarle County, Virginia, fronting on Route 810, containing by estimation 65 acres, more or less, this being a conveyance by the boundary and not by the acre..." The land is further described as being the property conveyed to the parties of the first part herein by Joseph and Eliza Shiflett by deed dated December 21, 1941, of record in Deed Book 252, page 421, excluding the 12-acre tract shown on the plat recorded in Deed Book 129, page 336. The deed contains a metes and bounds description of the perimeter of the property. The line between Parcels II and I!1 referenced in Deed Book 252, page 421 is not described. Nevertheless, it is determined that the reference to the description in Deed Book 252, page 421 preserves the separate identity of the 25 acre parcel and the 40 acre parcel. Therefore, on the basis of this deed, Tax Map 15, Parcel 2B is determined to be two separate parcels of record as provided in Section 10.3 of the zoning ordinance. There have been no off-conveyances since this transaction. Based on this history, the 25-acre portion of Parcel 2B and'the 40-acre portion of Parcel 2B each contain five (5) development rights if all other applicable regulations can be met. These development rights are theoretical in nature but do represent the maximum number of lots containing less than twenty-one acres allowed to be created by right. In addition to the development right lots, a parcel containing a minimum of twenty-one acres may be created from the 40-acre parcel, if all applicable regulations can be met. If you are aggrieved by this determination, you have a right to appeal it within thirty days of the date notice of this determination is given, in accordance with Section 15.2-2311 of the Code of Virginia. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal shall be taken only by filing with the Zoning Administrator and the Board of Zoning Appeals a notice of appeal which 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. /,/3-ol~nShep'herd Manager of Zoning Administration Copies: Gay Carver, Real Estate Department, Ella Cary, Clerk to the Board of Supervisors Reading File I:\DEP'I'~BCZS\Determin of Parcel~15-2B Gates.doc FAX I434) 972-4126 COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 McInfire Road, Room 227 Charlottesville, Virginia 22902-4596 TELEPHONE (434) 296-5832 TTD (434) 972-4012 June 26,2003 Brian S. Ray, L.S. Roger W. Ray & Assoc.,Inc 1717-1B Allied Street CharlottesVille, VA 22903 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS - Tax Map 80, Parcel 73 (Property of Albert Jr. or Cindy Schornberg ) Section 10.3.1 Dear Mr. Ray: The County Attorney and I have reviewed the title information for the above-noted property. It is the County Attorney's advisory opinion and my official determination that Tax Map 80, Parcel 73 is comprised of two separate parcels. Parcel #1 is the residue of the 203.7-acre tract shown on a plat recorded in Deed Book 111, page 88, containing approximately 166 acres. This parcel has five (5) theoretical development rights. Parcel #2 is the tract shown on a plat recorded in Deed Book 156, page 326, containing approximately 4.35 acres, This parcel has two (2) theoretical development rights. The Iocationof these parcels is indicated on a plat by Roger W. Ray that is attached to this determination. The basis for this determination is summarized as follows. Our records indicate Tax Map 80, Parcel 73 contains 170.38 acres and one dwelling. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 2140, page 32. This determination begins with Deed Book 328, page 371, dated November 16, 1956, by and between J.J. Burgess & Dorothy Burgess, parties of the first part and J.J. Burgess & Dorothy Burgess, parties of the second part. This is the same property that was conveyed to J.J. Burgess by a deed dated June 25, 1946, The deed conveyed two tracts or parcels of land described, in part, as f~llows. (1) On the road leading from Keswick to Boyd's Tavern, 203.7 acres, more or less, according to a plat by J.T.E. Simms, S.A.C., dated April 17, 1897 and recorded in Deed Book 111, page 88. I:\DEP'i~BCZS\Determin of Parcel\80-73 Schomberg.doc Schornberg JUne 26, 2003 Page 2 (2) 4 acres, 1 rood and 18 poles, more or less, according to a plat recorded in Deed Book 156, page 326. ( This parcel is estimated to contain 4.35 acres) Based on these separate descriptions, these tracts were two distinct parcels at the time of this conveyance. The most recent instrument for this parcel recorded prior to the date of adoption of the Albemarle County Zoning Ordinance, (December 10, 1980) is in Deed Book 636, page 387. This deed, dated November 7, 1977 conveyed 203.7 acres from Dorothy E. Burgess to Hans Olav Riddervold & Sigrid A. M. Riddervold. The land is further described on a plat of a survey by Morris Foster, C.L.S., dated November 1, 1977, that is attached to this deed. That plat calculates the total acreage of both parcels to be 203.7 acres. The property is further described as being in all respects the same property conveyed to J. J. Burgess and Dorothy Burgess by the deed dated November 16, 1956 that is recorded in Deed Book 328, page 371. On the basis of this deed, Tax Map 80, Parcel 73 is determined to be comprised of two separate parcels of record as provided in Section 10.3 of the zoning ordinance. It is noted that Deed Book 328, page 371 refers to two tracts; one containing 203.7 acres and the other containing approximately 4.35 acres, a total of approximately 208.05 acres. Morris Foster's plat recorded in Deed Book 636, page 387 shows both parcels and determines the acreage to be 203.7 acres. Roger W. Ray's plat recorded in Deed Book 2140, page 34 shows both parcels and determines the acreage to be 203.63 acres. I have concluded that this discrepancy is explained as a coincidence. It is probable that the plat by J.T.E. Simms, S.A.C., dated April 17, 1897 and recorded in Deed Book 111, page 88 overstated the acreage of the larger tract by approximately 4.35 acres. Deed Book 1046, page 695, dated May 5, 1989, is between Hans Olay Riddervold & Sigrid Ai-M. Riddervold, as parties of the first part and parties of the second part. The deed conveyed a 75% undivided interest to Hans Olav Riddervold and a 25% undivided interest to Sigrid A, M. Riddervold, as tenants in common, in the property containing 203.7 acres shown on the plat by Morris Foster recorded in Deed Book 636, page 389. This conveyance had no effect on the development rights or status as separate parcels of record of the subject properties of this determination. Deed Book1128, page 590, dated May 5, 1989, conveyed an additional 14% undivided interest in 203.7 acres from Hans Olav Riddervold to Sigrid A. M. Riddervold. The property is described as that shown on the plat by Morris Foster recorded in Deed Book 636, page 389. This conveyance had no effect on the development rights or status as separate parcels of record of the subject properties of this determination. I:\DEP'r~BCZS\Determin of Parcel\80-73 Schornberg.doc Schornberg June 26, 2003 Page 3 Deed Book 1140, page 18, dated February 7, 1991, conveyed an additional 11% undivided interest in 203.7 acres from Hans Olav Riddervold to Sigrid A. M. Riddervold. The property is described as that shown on the plat by Morris Foster recorded in Deed Book 636, page 389. This conveyance had no effect on the development rights or status as separate parcels of record of the subject properties of this determination. Deed Bool~ 1446, page 55, dated December 9, 1994, conveyed 203.7 acres from Hans Olav Riddervold and Sigrid A. M. Riddervold to the Riddervold Family Limited Liability Company. The property is described as that shown on the plat by Morris Foster recorded in Deed Book 636, page 389. This conveyance had no effect on the development rights or status as separate parcels of record of the subject properties of this determination. . Deed Book 2140, page 32, dated December 20, 2001, conveyed 203.7 acres from the Riddervold Family Limited-Liability Company to Albert Schornberg, Jr. & Cindy Schornberg. The property is described as. that shown on the plat by Morris Foster recorded in Deed Book 636, page 389. A boundary and physical survey of the property, shown to contain 203.63 acres, by Roger W. Ray and Assoc., Inc., dated January 4, 2002, is attached to the deed. This conveyance had no effect on. the development dghts or status as separate parcels of record of the subject properties Of this determination. Deed Book 2243, page 394, dated July 22, 2002, conveyed 15.16 acres from Mark R. Wilson and Stephanie C. Wilson to Albert Schornberg, Jr. and Cindy Schornberg. The property is described on a plat by Roger W. Ray and Assoc., Inc., dated July 12, 2002. The plat shows, in part, a revised T.M. 81-11 H, comprised of Parcel X, a 33.25-acre portion of T.M. 80-73 and the Western portion of T.M. 81-11H that contained 15.16 acres. The plat also showed a boundary adjustment between T.M. 81-11H & 11J. No development rights were conveyed with either the 33.25 acre tract or the 15.16 acre tract. As a result of this transaction, the residue of Tax Map 80, Parcel 73 contains 170.38 acres .... Based on this history, the 166 + or - acre portion of Parcel 73 contains five (5) development rights. The 4.35 + or - acre portion of Parcel 73 contains two (2) development rights. The development rights may be utilized if all other applicable regulations can be met. These development rights are theoretical in nature but .do represent the maximum number of lots containing less than twenty-one acres allowed to be created by right. In addition to the development right lots, as many parcels containing a minimum of twenty-one acres may be created as the property can support, if all other applicable regulations can be met. l:\DEP'P, BCZS\Determin of Parcel\80-73 Schomberg.doc Schornberg June 26, 2003 Page 4 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 which specifies the grounds for the appeal. An appeal application must be completed and filed along with the fee of $120. The date notice of this determination was given is the same as the date of this letter. If You have any questions, .please contact me. Sincerely, John Shepherd Manager of Zoning Administration Copies: Gay Carver, Real Estate Department, ,,-E'11a Cary, Clerk to Board of Supervisors Reading File Albert, Jr. and Cindy Schornberg 6131 Gordonsville Road Keswick, VA 22947 Nigal Bray 4785 Mechunk Road Keswick, VA 22947 I:\DEPT~BCZS~Determin of Parcel\80-73 Schomberg.doc COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Ordinance Amendment - Elections - Jack Jouett and White Hall Magisterial Districts- Amend Existing Precinct Boundaries, Establish New Precincts and Polling Places SU BJECT/PROPOSAL/REQU EST: Public hearing on proposed ordinance amending the boundaries of the Jack Jouett precinct and establishing a new precinct and polling place in the Jack Jouett Magisterial District; and amending the boundaries of the Brownsville precinct and establishing a new precinct and polling place in the White Hall Magisterial District. STAFF CONTACT(S): Messrs. Tucker, Davis, Kamptner, Harris, Weaver AGENDA DATE: July 9, 2003 ACTION: X ITEM NUMBER: INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Ordinance; maps REVIEWED BY~ BACKGROUND: Virginia Code § 24.2-307 provides that the Board of Supervisors may establish as many precincts as it deems necessary. Virginia Code § 24.2-307 requires that the Board of Supervisors establish precincts and polling places by ordinance. DISCUSSION: Redistricting resulted in the Jack Jouett Precinct within the Jack Jouett Magisterial District being split by the 57th and 58th House District lines, and the Brownsville Precinct within the White Hall Magisterial District being split by the 25th and 59"~ House District lines. To eliminate these splits, the Albemarle County Electoral Board has recommended that a new precinct - the Belfield Precinct- be established from a portion of the Jack Jouett Precinct, and that another new precinct - the Batesville Precinct- be established from a portion of the Brownsville Precinct. If established, the Belfield Precinct will be entirely within the 58th House District; the Jack Jouett Precinct will be entirely within the 57th House District. Likewise, the Batesville Precinct will be entirely within the 59th House District; the Brownsville Precinct will be entirely within the 25th House District. The Electoral Board also has recommended that the Convocation Center at St. Anne's Belfield Lower School serve as the polling place for the new Belfield Precinct, and that Mount Ed Baptist Church serve as the polling place for the new Batesville Precinct. Preliminary assessments have determined that the proposed polling places comply with the Voting Accessibility for the Elderly and Handicapped Act. Mount Ed Baptist Church is located at 1606 Craigs Store Road, which is outside of the proposed Batesville Precinct. However, it may be used as a polling place for the Precinct because it is within 1,500 yards of the precinct boundary (Virginia Code § 24.2-310). Both property owners have consented to the use of their facilities. RECOMMENDATION: After the public hearing, staff recommends that the attached ordinance be adopted. Draft: 06/20/03 ORDINANCE NO. 03-2( ) AN ORDINANCE TO AMEND CHAPTER 2, ADMINISTRATION, ARTICLE I, ELECTIONS, 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 2, Administration, Article I, Elections, is hereby amended and reordained as follows: By Amending: Sec. 2-101 Sec. 2-106 Jack Jouett Magisterial District. White Hall Magisterial District. Sec. 2-101 Jack Jouett Magisterial District. The Jack Jouett Magisterial District shall be bounded, and contain voting precincts and polling places, as follows: A. Description of district: Beginning at the intersection of Seminole Trail (U.S. Route 29) and Greenbrier Drive; then northwest on Greenbrier Drive to its intersection with Whitewood Road; then west on Whitewood Road to its intersection with Hydraulic Road (State Route 743); then northeast along Hydraulic Road to its intersection with Earlysville Road (State Route 743); .then north on Earlysville Road to its intersection with the South Fork Rivanna River; then meandering north and west along the South Fork Rivanna River to its confluence with the Mechums River; then meandering southwest along the Mechums River to its intersection with Garth Road (State Routes 614, 676 and 601); then east and south on Garth Road to its intersection with Ivy Creek; then west and south along Ivy Creek to its intersection with Old Ballard Road (State Route 677); then south along Old Ballard Road to its intersection with Broomley Road (State Route 677); then south on Broomley Road to its intersection with the CSX Railway right-of-way; then east along the railway to its intersection with U.S. Route 29/250 Bypass; then south along the U.S. Route 29/250 Bypass to its intersection with U.S. Route 250 Business; then east on U.S. Route 250 Business to its intersection with Reed Lane; then south on Reed Lane to Lewis Mountain Parkway; then south on Lewis Mountain Parkway to its intersection with the fu'e road connecting Edgemont Road and Lewis Mountain Parkway; then south along said fire road to its intersection with Edgemont Road; then south on Edgemont Road to its intersection with McCormick Road; then east on McCormick Road to its intersection with Alderman Road; then south on Alderman Road to its intersection with the limits of the City of Charlottesville; then meandering north and east along the limits of the City of Charlottesville to its intersection with Seminole Trail (U.S. Route 29); then north on Seminole Trail to its intersection with Greenbrier Drive, the point of origin. B. Voting precincts: The district shall be divided into three (3) voting precincts, as described herein: !. Belfield Precinct: Beginnin~ at the intersection of Garth Road (State Route 601) and Ivy Creek; then west and south along Ivv Creek to its intersection with Old Ballard Road (State Route 677); then south along Old Ballard Road to its intersection with Broomlev Draft: 06/20/03 Road (State Route 677); then south on Broomley Road to its intersection with the CSX Railway right-of-way; then east along the railway to its intersection with U. S. Route 29/250 Bypass: then northeast on U. S. Route 29/250 Bypass to its intersection with the western limits of the City of Charlottesville and Barracks Road, then northwest along Barracks Road to its intersection with Garth Road; then northwest along Garth Road to its intersection with Ivy Creek, the point of origin. -1-2. Georgetown Precinct: Beginning at the intersection of Seminole Trail (U.S. Route 29) and Greenbrier Drive; then northwest on Greenbrier Drive to its intersection with Whitewood Road; then west on Whitewood Road to its intersection with Hydraulic Road (State Route 743); then south on Hydraulic Road to its intersection with Georgetown Road (State Route 656); then southwest on Georgetown Road to its intersection with Barracks Road (State Route 654); then southeast along Barracks Road to its intersection with the western limits of the City of Charlottesville; then following the Charlottesville City limits north and east to the intersection of Seminole Trail (U.S. Route 29); then north on Seminole Trail to its intersection with Greenbrier Drive, the point of origin. Ja k Jo ttPre B g:. i gat'*' ...... 9,3. c ue cinct: crm n ............................. .~ ~ .... ~-" ~ *~ -~: ~ ~r ~-:~- Be~ing at ~e intersection of B~acks Road (State Route 654) ~d its intersection wi~ Geometown Road (State Route 656): then no,east on Geometown Road to its ~tersection Mth Hv~aulic Road (State Route 743); then no~heast alon~ Hv~aUlic Road to its intersection wi~ E~lvs~lle Road (State Route 743); then no~ on E~lvshlle Road to its intersection with the South Fork ~v~a ~ver; then meandefinA no~h and West along the South Fork Rivanna River to its confluence with the Mechums River; then meanderin~ southwest alone the Mechums River to its interseCtion with Garth Road (State Routes 614, 676, and 601); then east and south on Garth Road to its intersection with Barracks Road; then east and south on Barracks Road to its intersection with Georgetown Road, the point of origin. ~__. University Hall Precinct: Beginning at the intersection of the U.S. Route 29/250 Bypass and the northwestern city limits; then south with the city limits to its intersection with Alderman Road; then north on Alderman Road to its intersection with McCormick Road; then west on McCormick Road to its intersection with Edgemont Road; then northwest on 2 Draft: 06/20/03 Edgemont Road to its intersection with the fire road connecting Edgemont Road and Lewis Mountain Parkway; then north on said fire road to its intersection with Lewis Mountain Parkway; then north on Lewis Mountain Pkwy to its intersection with Reed Lane; then north on Reed Lane to its intersection with U.S. Route 250 Business; then west on U.S. Route 250 Business to its intersection with U.S. Route 29/250 Bypass; then northeast on U.S. Route 29/250 Bypass to its intersection with the northwestern city limits, the point of origin. C. Polling places: Each voting precinct shall have a polling place at the location identified below: 1. Belfield Precinct: St Anne's B elfield Lower School, Faulconer Drive, Convocation Center. -1:2. Georgetown Precinct: Albemarle High School, 2775 Hydraulic Road. ~.3. Jack Jouett Precinct: Jack Jouett Middle School, 210 Lambs Lane. ~,~=. University Hall Precinct: University Hall, 300 Massie Road. (8-19-71, § 1; 9-5-72; 7-15-81; Code 1988, § 6-1; 5-15-91; Ord. 95-6(1), 1-11-95; Ord. 98-A(1), 8-5-98, § 2-100(2), § 2-102; Ord. 01-2(1), 5-9-01) Sec. 2-106 White Hall Magisterial District. The White Hall Magisterial District shall be bounded, and contain voting precincts and polling places, as follows: A. Description of district: Beginning at the intersection of the unnamed northern branch of the Mechums River and the Albemarle/Nelson County line; then meandering east along the unnamed branch to its confluence with the Mechums River; then continuing northeast along the Mechums River to its confluence with the South Fork Rivanna River; then meandering southeast with the South Fork Rivanna River to its intersection with Reas Ford Road (State Route 660); then north on Reas Ford Road to its intersection with Bleak House Road (State Route 662); then north on Bleak House Road to its intersection with Buck Mountain Road (State Route 665); then northeast on Buck Mountain Road (State Route 665) to its intersection with Buck Mountain Road (State Route 664); then southeast on Buck Mountain Road (State Route 664) to its intersection with Buck Mountain Road (State Route 663); then southeast on Buck Mountain Road (State Route 663) to its intersection with Earlysville Road (State Route 743); then southeast on Earlysville Road to its intersection with Dickerson Road (State Route 606); then north on Dickerson Road to its intersection with Dickerson Lane (State Route 763); then east on Dickerson Lane to its intersection with Seminole Trail (U.S. Route 29); then north on Seminole Trail to its intersection with the Albemarle/Greene County .line; then west along the Albemarle/Greene County line to the Albemarle/Rockingham County line; then southwest along the Albemarle/Rockingham County line to its intersection with the Albemarle/Augusta County line; then south along the Albemarle/Augusta County line to its intersection with the Albemarle/ Draft: 06/20/03 Nelson County line; then southeast along the Albemarle/Nelson County line to its intersection with the unnamed northern branch of the Mechums River, the point of origin. B. Voting precincts: The district shall be divided into four (4) voting precincts, as described herein: 1. Batesville Precinct: Be~,inning at the intersection of the Albemarle/Nelson County. line and its intersection with Batesville Road (State Route 636); then east on Batesville Road to its intersection with Ortman Road (State Route 691); then north on Ortman Road to its intersection with Rockfish Gan Turnpike (U. S. Route 250); then east on Rockfish Gap Turnpike to its intersection with Interstate 64; then east on Interstate 64 to its intersection with the Mechums River; then meandering southwest along the Mechums River to its confluence with an unnamed northern branch of the Mechums River; the meandering west along the unnamed northern branch of the Mechums River to its intersection with the Albemarle/Nelson County line; then northwest on the Albemarle/Nelson CounW line to its intersection with State Route 636. the r~oint of origin. =. wns Precinct: c at ............................... v ..... · ~.** _~:_,v~.. ~.-c ~-s-*.~:- Begi~ at the intersection of Japans Gap Road (State Route 611) ~d the Albem~le/Au~sta Co~ line: then sou~west along the Albem~le/Au~sta Co~ line to its intersection with ~e Albemarle~elson Co~ line; then southeast along the Albemarle~elson Co~ line to its intersection ~th Batesville Road (State Route 636k then east on Bateshlle Road to its int~section ~ O~m~ Road (State Route 69D; then no~h on ~m~ Road to its int~section with Rockfish Gap Tm~ike ~. S. Route 250); ~en eaSt on Roc~sh Gap Tmpike to its intersection wi~ Interstate 64; then east on Interstate 64 to its intersection wi~ the Mechms ~v~; then noEheast alon~ ~e Mechms ~ver to its intersection Mth the CSX Railway fight-of-way: then west along the CSX R~lway right-of-way to its intersection ~th Crozet Avenue (State Route 240):. ~en south on Crozet Avenue to its intersection with Ja~s Ga¢ Road (State Route 69D; ~en west on J~ans Gap Road (.State Route 691) to its ~tersection ~th Japans Gap Road (State Route 611); then no~hwest on Japans Gap Road to its intersection Mth the Albem~le/Au~usta County line, the point of origin. 93. Crozet Precinct: Beginning at the intersection of Jarmans Gap Road (State Route 611).and the Albemarle/Augusta County line; then northeast with the Albemarle/Augusta County line to its intersection with the Albemarle/Rockingham County line; then northeast with the Albemarle/Rockingham County line to its intersection with the gate on Skyline Drive where 4 Draft: 06/20/03 Jones Fall Run and the Falls Trail originate; then east with Jones Fall Run to its confluence with Doyles River; then meandering southeast with the Doyles River to its intersection with Blackwells Hollow Road (State Route 810); then west along B lackwells Hollow Road to its intersection with Browns Gap Turnpike (State Route 810); then south on Browns Gap Turnpike to its intersection with the Moormans River; then meandering east with the Moormans River to its intersection with Millington Road (State Route 671); then southwest on Millington Road to its intersection with Garth Road (State Route 614); then southeast on Garth Road to its' intersection with the Mechums River; then meandering southwest with the Mechums River to its intersection with the CSX Railway right-of-way; then west along the CSX Railway right-of-way to its intersection with Crozet Avenue (State Route 240); then south on Crozet Avenue to its intersection with Jarmans Gap Road (State Route 691); then west on Jarmans Gap Road (State Route 691) to its intersection with Jarmans Gap Road (State Route 611); then northwest on Jarmans Gap Road (State Route 611) to its intersection with the Albemarle/Augusta County line, the point of origin. 34__. Earlysville Precinct: Beginning at the intersection of Seminole Trail (U.S. Route 29) and the Albemarle/Greene County line; then west with the Albemarle/Greene County line to its intersection with Dyke Road (State Route 810); then south on Dyke Road to its intersection with Markwood Road (State Route 664); then south on Markwood Road to its intersection with Davis Shop Road (State Route 671); then southwest on DaVis Shop Road to its intersection with Buck Mountain Creek; then meandering southeast with Buck Mountain Creek to its confluence with the South Fork Rivanna River; then meandering southeast with the South Fork Rivanna River to its intersection with Reas Ford Road (State Route 660); then north on Reas Ford Road to its intersection with Bleak House Road (State Route 662); then north on Bleak House Road to its intersection with Buck Mountain Road (State Route 665); then northeast on Buck Mountain Road (State Route 665) to its intersection with Buck Mountain Road (State Route 664); then southeast on Buck Mountain Road (State Route 664) to its intersection with Buck Mountain Road (State Route 663); then southeast on Buck Mountain Road (State Route 663) to its intersection with Earlysville Road (State Route 743); then southeast on Earlysville Road to its intersection with Dickerson Road (State Route 606); then north on Dickerson Road to its intersection with Dickerson Lane (State Route 763); then east on Dickerson Lane to its intersection with Seminole Trail (U.S. Route 29); then north on Seminole Trail to its intersection with the Albemarle/Greene County line, the point of origin. 45__. Free Union Precinct: Beginning at the Albemarle/Rockingham/Greene County line; then southwest with the Albemarle/Rockingham County line to its intersection with the gate on Skyline Drive where Jones Fall Run and the Falls Trail originate; then east with Jones Fall Run to its confluence with the Doyles River; then meandering southeast with the Doyles River to its intersection with Blackwells Hollow Road (State Route 810); then west along Blackwells Hollow Road to its intersection with Browns Gap Turnpike (State Route 810); then south on Browns Gap Turnpike to its intersection with the Moormans River; then meandering east with the Moormans River to its intersection with Millington Road (State Route 671); then southwest on Millington Road to its intersection with Garth Road (State Route 614); then southeast on Garth Road to its intersection with the Mechums River; then meandering northeast with the Mechums River to its confluence with the Moormans River where they form the South Fork Rivanna River; then meandering east with the South Fork Rivanna River to its confluence Draft: 06/20/03 with Buck Mountain Creek; then meandering northwest with Buck Mountain Creek to its intersection with Davis Shop Road (State Route 671); then northeast on Davis Shop Road to its intersection with Markwood Road (State Route 664); then north on Markwood Road to its intersection with Dyke Road (State Route 810); then north on Dyke Road to its intersection with the Albemarle/Greene County line; then west with the Albemarle/Greene County line to its intersection with the Albemarle/Rockingham/Greene County line, the point of origin. C. Polling places: Each voting precinct shall have a polling place at the location identified below: 1. Batesville Precinct: Mount Ed Baptist Church, 1606 Craigs Store Road. Turnpike. Brownsville Precinct: Brownsville Elementary School, 5870 Rockfish Gap 9,3. Crozet Precinct: Crozet Elementary School, 1407 Crozet Avenue. Mountain Road. Earlysville Precinct: Broadus Wood Elementary School, 185 Buck Union. Free Union Precinct: Free Union Baptist Church, Millington Road, Free (8-19-71, § 1; 9-5-72; 7-15-81; Code 1988, § 6-1; 5-15-91; Ord. 95-6(1), 1-11-95; Ord. 98-A(1), 8-5-98, § 2-100(6), § 2-106; Ord. 01-2(1), 5-9-01) 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. Dorrier Mr. Martin Mr. Perkins Mr. Rooker Ms. Thomas Aye Nay Clerk, Board of County Supervisors 6 New Belfiekl Voting Precinct anti Polling Place *Note: Belfield is a new voting precinct that was carved out of the existing Jack Jouett precinct. Voting Precincts Magisterial Districts Polling Places I 2 Miles I 6O 665 TE 676 ¸(25 6O ~IA CK JO STAB Convocation Center New Batesville Voting Precinct and Polling Place Voting Precincts Magisterial Districts Polling Places 1 2 Miles SA WHITE L VIL Mount Baptist RED HII:.L COUNTY OF ALBEMARLE Departmerlt o£ Planning & Community Development 401 Mclntire Road, Room 218 Charlottesville, Virginia 22902-4596 {434) 296 - 5823 0 Fax (434) 972 - 4012 July 2, 2003 Jerry Kamis 800 East Jefferson St Charlottesville, VA 22902 RE: SP-02-79 Old Trail Golf Club Entrance; Tax Map 55, Parcel 17B1 and 71 and Tax Ma p 56, Parcel 41 Dear Mr. Kamis: The Albemarle County Planning Commission. at its meeting on June 24. 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: I. Engineering Department approval of computations and plans documenting changes to the floodplain. Plans must show floodplain limits and levels before and after construction. Ordinance Sections 18-30.3.02.2 and 18- 30.3.03.2 allow no increase in flood levels. 2. Engineering Department receipt of copies of federal and state permits for disturbance of the stream channel and any associated wetlands, including changes to the FEMA maps for the area. 3. Engineering Department approval of a final mitigation plan for repair and enhancement of the stream buffers. [17~322] The mitigation is to follow that shown on the conceptual plans titled "Conceptual Stream Impact Mitigation Plan (Lickinghole Creek)" and "Conceptual Stream Impact Mitigation Plan (Slabtown Branch)," dated 6-05-03, and the stream-bank treatment schematic titled "Root Wad Detail" received by the Engineering Department on June 9, 2003. The existing Lickinghole Creek bridge is intended to become part of the trail system for the site, but improvements or modifications to it may be part of the final mitigation plans. 4. The location and nature of the crossings are to be as shown on sheets 3 and 4 ofthe preliminary road plan titled "Old Trail ~ Western Avenue (N-S Access Road)," dated 5/10/03. However, the Lickinghole Creek crossing may be a simple span, or an arch, with road and fill elevations lower than that shown on the preliminary plan. The road profile should be as Iow as reasonably achievable. 5. A plan showing all areas to be disturbed during the construction of the Slabtown Branch crossing shall be submitted to the Planning Department. A Phase I archaeological survey shall be completed in those areas, and appropriate mitigation measures shall be carried out as directed by Planning Staff, prior to issuance of a grading permit for the Slabtown Branch crossing. Please be advised that the Albemarle County Board of Supervtsors will review this petition and receive public comment at their meeting on July 9, 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. Planner Amelia McCulley Jack Kelsey Steve AIIshouse Staff Contact: Planning Commission: Board of Supervisors: Scgt~ Clark June 24, 2003 July 9, 2003 sP 02-079 Old Trail Golf Club Entrance APPLICANT'S PROPOSAL The applicant proposes two stream crossings for roadway access to the Old Trail Golf Club and future residential development of the remainder of the Old Trail property. The southern crossing would cross Slabtown Branch with three 60-inchconcrete culverts (see Attachment B), and the northern crossing would be a bridge over Lickinghole Creek (see Attachment D). (The exact type &this bridge is to be determined.) This proposal requires a special use permit for fill in the floodplain under section 30.3.05.2 of the Zoning Ordinance. Lickinghole Creek and Slabtown Branch are perennial streams and are indicated as Important Stream Valleys in the Open Space Plan. Both are in the watershed of the Lickinghote Basin and the South Fork Rivanna Reservoir. LOCATION AND DESCRIPTION OF PROPERTY The property, described as Tax Map 55 Parcel 17B1 and 71 and Tax Map 56 Parcel 41, contains 2.07 acres, and is located in the White Hall Magisterial District on Rockfish Gap Turnpike [Route # 250] across from the entrance to Western Albemarle High School. HISTORY A special use permit for a golf course, SP 2002-016 Old Trail Golf Club, was approved on March 5, 2003. COMPREHENSIVE PLAN The property is zoned R1 Residential and R6 Residential. The Comprehensive Plan designates this property as Neighborhood Density Residential in the Crozet community. The Open Space & Critical Resources Plan shows Lickinghole Creek and Slabtown Branch as Major Stream Valleys. Although it is not a part of the Comprehensive Plan as yet, the Crozet Master Plan will ultimately be amended into the Comprehensive Plan. As currently proposed, the road network in the Framework Plan for the Crozet Master Plan is generally provided for by the proposed stream crossings. APPLICANT'S JUSTIFICATION FOR THE REQUEST The applicant states that these stream crossings will make the road network proposed in the Crozet neighborhood-planning process possible. RECOMMENDATION Staff recommends approval of SP 02-079 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, The applicant needs to show the extent of flood4evel impacts of both crossings. The Engineering Department and the apphcant have worked together to select crossing locations and preliminary crossing designs that will require the least fill in the floodplain. The Engineering Department will 1 that the require final designs that will not increase flood levels. A condition is recommended below that will require such designs before clearance to begin work on the permitted crossings could begin. character of the district will not be changed thereby, Creation of these crossings will make it possible to develop this portion of the Crozet Community in accord with the Comprehensive Plan, and will provide access to the already-approved Old Trail Golf Club. The Slabtown Branch crossing is sited at a confluence of two streams in a floodplain. Such locations have been recognized as probable sites of Native American archaeological sites. A study submitted by the applicant for the related golf-course special use permit (SP 02-016) identified this area as a potential archaeological site. Staffhas consulted with Dr. Benjamin Ford, a professional archaeologist, and confirmed that this is an appropriate concern on this site. Staff is recommending conditions requiring a plan showing the entire work area for the Slabtown Branch crossing, and a Phase I subsurface archaeological investigation for that area, m be followed by any necessary mitigation measures. See Attachment F for the Virginia Department of Historic ResourCes' definitions of the levels of cultural-resource investigations and an Outline of a Phase I investigation. and that such use will be in harmony with the purpose and intent of this ordinance, These crossings would be in accord with the Zoning Ordinances purposes to provide adequate road access to new community centers, anctto reduce or prevent congestion in the public streets. with the uses permitted by right in the district, These crossings will provide the access necessary for the residential uses permitted in the R1 and R6 districts. with additional regulations provided in Section 5.0 of this ordinance, There are no additional regulations in Section 5.0 for this use. and with the public health, safety and general welfare. In order to protect public safety, floodplain-fill projects must not raise the flood elevation. The applicant and the Engineering Department have worked together to select the best crossing locations and designs. A condition is recommended by the Engineering Department that will require final designs that donot affect flood levels. Construction of the Lickinghole Creek crossing would impact 1.4 acres, and the Slabtown Branch construction would impact approximately 1.7 acres. In addition to the effects the crossings themselves will have on the streams, constmcti0n will impact stream-buffer areaS. The applicant has submitted a conceptual mitigation plan, which includes bank repair, supplemental plantings~ and restoration of nearby wetlands (see Attachments C and E). The Engineering Department will require a final mitigation plan for repair and enhancement of the stream buffers on the site. S~ARY Staff has identified the following factors that are favorable to this request: 1. The crossings will provide the necessary road access for developing this portion of the Crozet Community. 2. These crossing locations are in accord with the road network shoWn in the Crozet Framework Plan. 3. The crossings are necessary to provide access to the already-approved Old Trail Golf Club. Staff has identified the following factor that is unfavorable to this request: I. The Slabtown Branch crossing impacts a possible archaeological site. 2 RECOMMENDED ACTION Staff recommends approval of SP 02~079 with the following conditions: 1. Engineering Department approval of computations and plans documenting changes to the floodplain. Plans must show floodplain limits and levels before and after construction. Ordinance Sections 18-30.3.02.2 and 18-30.3.03.2 allow no increase in flood levels. 2. Engineering Department receipt of copies of federal and state permits for disturbance of the stream channel and any associated wetlands, included changes to the FEMA maps for the area. 3. Engineering Department approval of a final mitigation plan for repair and enhancement of the stream buffers. [17-322] The mitigation is to follow that shown on the conceptual plans rifled "Conceptual Stream Impact Mitigation Plan (Lickinghole Creek)" and "Conceptual Stream Impact Mitigation Plan (Slabtown Branch)," dated 6-05-03, and the stream-bank treatment schematic titled "Root Wad Detail" received by the Engineering Department on June 9, 2003. The existing Lickinghole Creek bridge is intended to become part of the trail system for the site, but improvements or modifications to it may be part of the fmal mitigation plans. 4. The location and nature of the crossings are to be as shown on sheets 3 and 4 of the preliminary road plan titled "Old Trail - Western Avenue (N-S Access Road)," dated 5/10/03. However, the Lickinghole Creek crossing may be a simple span, or an arch, with road and fill elevations lower than that shown on the preliminary plan. The road profile should be as low as reasonably achievable. fi. A plan showing all areas to be disturbed during the construction of the Slabtown Branch crossing shall be submitted to the Planning Department. A Phase I archaeological survey shall be completed in those areas, and appropriate mitigation measures shall be carried out as directed by Planning Staff, prior to issuance ora grading permit for the Slabtown Branch crossing. ATTACHMENTS A. Location Map B. Slabtown Branch crossing, plan view C. Slabtown Branch crossing, draft mitigation plan D. Lickinghole Creek crossing, plan view E. Lickinghole Creek crossing, draft mitigation plan F. Virginia Department of Historic Resources standards for Phase I archaeological investigations (~rom Guidelines For Conducting Cultural Resource Surveys In Virginia, 2001 revision) 3 ATTACHMENT A 3Ni' G4~.4 T.~.P. ATTACHMENT E DEFINITION OF AN ARCHAEOLOGICAL SITE In general terms, an amhaeological site is defined as the physical remains of any area of human activity greater than 50 years of age for which a boundary can be established. Examples of such resources would include the following: domestic/habitation sites, industrial sites, earthworks, mounds, quarries, canals, roads, shipwrecks, etc. Under the general definition, a broad range of site types would qualify as archaeological sites without the identification of any artifacts. To establish a boundary for archaeological sites manifested exclusively by artifacts, the recovery of a minimum of three items is needed, related either temporally or functionally and located within a spatially restricted area (300 square feet area is suggested). Exceptions to this definition may include any cultural matedal that has been redeposited, reflects casual discard, or represents one episode of behavior. Other items to consider in deciding whether or not an area warrants a site designation include survey conditions, survey methods and site types. Additional gUidance on underwater site definition may be found in An Assessment of Virginia's Underwater Cultural Resources, Department of Historic Resources Survey and Planning Report Series No. 3 (1994). Any occurrence that does not qualify for a site designation should be termed a location. Estimates of site boundaries may be based on the spatial distribution of.artifacts and/or cultural features and their relationship to other features of the natural (landform, drainage) and cultural environment (historic landscape features). In addition, historic background information should be taken into conSideration when defining the boundaries of a historic site. It is recognized that the boundaries for resources located in urban or underwater environments may be difficult to estimate at the Phase I level. For all archaeological sites identified, a DHR Archaeological Site Inventory Form must be completed and submitted to DHR for review and approval. Effective September 1, 1996 all archaeological as well as architectural survey records must be submitted to DHR on disk in the Integrated Preservation Software (IPS) format. LEVELS OF INVESTIGATION There are three levels of documentatiOn for cultural resources. The first two levels constitute components of what is defined in the federal standards as an "intensiTM survey. Please recognize that this is different from a "reconnaissance" survey. Although defined in the federal standards, a reconnaissance level survey is not appropriate for projects submitted for review pursuant to Section 106 unless otherwise agreed upon by the DHR and the project Sponsor. For practical purposes the DHR has divided an intensive survey into two levels: identification (Phase I) and evaluation (Phase II). The third level (Phase III) 8 constitutes treatment for significant resources. The DHR normally does not recognize additional division into sub-phases (i.e., Phase la and Phase lb).. Each phase is defined bdefly below. Identification (Phase I). Identification involves compiling all relevant background information, along with comprehensive recordation of all sites, buildings, structures, objects and potential districts within the survey area.2 This information is used in planning and making decisions about historic resource management needs. The goals of a Phase I archaeological investigation are: · to locate and identify all archaeological sites in the survey area; to estimate site size and boundaries and to provide an explanation as to how the estimate was made; and · to assess the site's potential for further (Phase II) investigation. Evaluation (Phase II). Evaluation of a resource's significance entails assessing the characteristics of a property against a defined histodc context and the criteria of the Virginia Landmarks Register. and the National Register of Historic Places (National Register). The evaluation shall result in a definition of those resources which are eligible or ineligible for Virginia Landmarks and National Register listing. The purpose of a site evaluation is: · to determine whether the site is eligible for the National Register; and · to provide-recommendations for future treatment of the site. These goals can best be met when research strategies focus on determining site chronology, site function, intrasite structure and integrity. At the conclusion of a Phase II evaluation, the site boundaries should be accurately defined and the-horizontal and vertical integrity of the site assessed. The level of effort and the methods employed will vary depending upon site size, site type and the environmental setting. It is important to note that resource evaluations must apply to the resource as a whole, not 2 "All" is defined as those resources that have been identified througn a reasonable and good faith survey effort. The DHR acknowledges the occasional incident of late discovery and provisions for such are provided in 36 CFR 800.11. "All" usually includes resources 50 years of age or greater as recognized by the National Register of Historic Places (36 CFR 60). Please note that some resources not yet 50 years Old may be of exceptional impor- tance and may need to be identified. 80 9 just to the portion of the resource within the project area. Sites evaluated as part of a federal or state agency undertaking should be evaluated in their entirety~ not just within the immediate project boundaries. However, testing strategies for Phase II evaluation studies may focUs primarily on that portion of the resource that will be directly affected by the proposed project. Treatment ( Phase i!1). Once the significance of a historic property has been established, the appropriate treatment for the resource is implemented. Only after evaluations are completed are treatment plans or documents developed. Treatment can include a vadety of measures such as avoidance, recordation, data recovery, development of an histodc preservation plan, rehabilitation or restoration. Documentation requirements for treatment are determined on a case-by-case basis. RESEARCH DESIGN Regardless of level, all archaeological investigations should be guided by prepared research designs which refer to regional preservation plans and embody a wide range of theoretical and methodological approaches. Research designs cannot and should not predetermine what one wilt find in the field but should be flexible in response to changing project needs and discoveries in the field. IDENTIFICATION (PHASE I) PHASE I BACKGROUND RESEARCH Background research provides information regarding historic contexts and anticipated locations, frequency, and types of sites in the survey area. Background research should identify: · previous archeological research in the area; · the degree of existing disturbance; · high and Iow probability areas; and · the location of historic map-projected sites. The purpose of the background research is not to produce 1) a general prehistoric 81 Chronology; 2) an exhaustive general history of the county; or 3) an exhaustive synthesis of deed records or cartographic resources. A genera/historic context should be developed to the level needed to aid in site specific recommendations, Background research should be conducted before field investigations are initiated. The level of background research should be appropriate to the scale of the project. Sources of potentially valuable information are numerous and .varied, including published and wdtten texts, oral accounts, official documents, family records, artifact collections, and observations about folkways. In addition to more traditional sources of information such as state and university repositories, specialists and locally knowledgeable persons should be consulted along with local governments, historical sodeties, museums, libraries, etc. References to previous cultural resource studies and to existing archaeological collections and other data is a particularly valuable source of information. Conventional Survey At a minimum, the following, sources should be considered: DHR Archaeological Site Inventory. This contains information on site type, temporal affiliation, location and settlement pattern data and other site ch aracteristics of previously recorded sites in the survey area and vicinity; DHR library of cultural resource reports. These reports contain information similar to the archaeological site files but with additional data on historic contexts, regional chronologies, and settlement and subsistence patterns; Residents or informants with knowledge of local resources. Such people may have information on previously unrecorded sites in the area or can offer an oral history for historic sites; · DHR Architectural Site and Structures Inventory. This contains information on types of historic sites and structures, temporal affiliation, and location and settlement pattern data for~ structures that may no longer be extant; Archival map research. Holdings at the Virginia State Library and Archives are indexed according to county. Other sources include the Gilmer maps, and U.S.G.S. quadrangles over 50 years old. The Official Military Atlas of the Civil Waras well as the maps prepared between 1991 and 1994 by the Civil War Sites Advisory Commission should alSo be considered; Local county histories. These often contain site specific information. 82 Special Environment Surveys Surveys can be conducted in environments where conventional site discovery methods cannot be employed. The two most common examples are urban environments, where modern construction materials obscure the ground surface, and underwater environments, where resources may be submerged. More intensive background research is necessary for these types of environments, and different sources of background information are available. Urban sites -- Urban areas often contain buded histodc remains but they may also contain prehistoric sites or sites that were previously underwater or in rural settings. Documentary research should be performed as early as possible in the project planning stage well in advance of any pending construction. At a minimum, the research should consider the following: Archival records, such as city directories, city ordinances, Sanbom insurance maps, census data, etc.; Relevant information on previous disturbance. Construction that may have disturbed eadier deposits may be assessed by a visual inspection of the survey area and an examination of any records that relate to ground disturbance activities ( e.g. presence of basements on Sanbom insurance maps, construction of utility lines, etc.); · Historic maps that contain Iocational data on structures; and · HiStoric photographs and illustrations (e.g. Harper's Weekly, etc.). Underwater sites - Underwater' sites may consist of sites that were once.terrestrial (either prehistoric or historic), Shipwrecks, docks, piers, launch ways, etc. Professionals working in underwater environments should consider the following: DHR Archaeological Site Inventory and library of cultural resource reports; · The degree of previous disturbance (dredging, etc.); Documents such as navigation charts, naval records, bathymetdc 83 12 charts, geological charts, etc.; · Interviews with local divers and watermen; and Piers and.other associated terrestrial remains that may suggest the presence of submerged resources. PHASE I METHODS Field methods should be appropriate to existing field conditions, should be based on a research design, and should reflect the current state of professional knowledge. Conventional Survey When field conditions warrant, systematic visual inspection of plowed fields and surface collection of artifacts has proven to be a highly effective and efficient method of site survey. We encourage replowing and discing pdor to inspection. All exposed surfaces should be inspected. However, at least 50% exposure is needed to warrant visual inspection without complementary subsurface investigation. When an archaeological site is identified by visual inspection, excavation of at least two shovel test pits (STPs)is recommended to assess site depth and presence or absence of intact cultural strata and/or features. However, Iow probability areas (e.g. poorly drained soils, steep slopes, generally with a grade greater than 15%) and extensively disturbed areas need only be subject to visual inspection. For large survey areas that utilize predictive models at the Phase I level to identify archaeological sites, verification of the model should include testing of at least 10% of the identified Iow probability areas. Excavation of small (generally one foot in diameter) STPs remains one of the most reliable means of site identification in areas of Iow surface visibility. Whenever possible, STPs should be tied to a known datum or fixed reference point, with their location clearly marked on appropriate maps. As a general rule STPs should be excavated at intervals no greater than 50 feet and should continue to' sterile subsoil if possible. It is recognized that different site types, as well as soils and topography, may justify a larger STP interval. Justification for the STP interval selected should be clearly presented in the report. Similarly a tighter interval should be considered if small, Iow-density sites are anticipated. The standard 50-foot interval for STPs may also be augmented by judgmental testing in high probability areas; 84 · map-projected site areas; and areas containing veget.ation or cultural landscape features associated with historic sites. Additional STPs at tighter intervals should be excavated to determine whether individual artifacts recovered from one STP with no adjacent positive STPs are isolated finds or small Iow density sites. An attempt should be made to estimate the site boundaries at this stage of the investigation. The boundaries for sites in areas of poor surface visibility may be defined by the excavation of STPs in a cruciform pattern or at radial transects (Chartkoff, 1978). All soils from STPs must be screened through 0.25 "hardware cloth. All artifacts should be retained with the exception of materials such as brick, shell, charcoal, etc., which may be noted in the field; a sample retained and the remainder discarded. If extensive colluvial or alluvial deposits are known to be present in the survey area, consideration should be given to identifying buried sites. Deep testing accomplished with heavy equipment is the standard site discovery method for locating deeply buried sites. Notes on all STPs should be recorded and should include information on survey/site/transect identification and location, either a profile drawing or detailed description of strata, soil types and Munsell descriptions, depth measurement, and a list of artifacts (both kept and discarded). It is important to note the environmental conditions under which any testing strategy was employed (e.g. adverse weather, condition of ground surface, etc.). A detailed map shoUld be prepared showing areas surveyed, areas eliminated from survey due to disturbance, slope, wetness, etc., and the location of the positive and negative STPs. Remote sensing Remote sensing is used to augment more traditional survey methods by identifying high potential areas for subsurface testing. Remote sensing (using metal detectors, proton magnetometers and ground penetrating radar, etc.) may be appropriate for certain types of sites, particularly for underwater sites. ^ specific case must be made in the research design for the use of remote sensing and its relationship to other survey methods must be made explicit. In underwater survey, remote sensing is often effective in identifying targets for later diver verification. 85 SP-2002-079 Old Trail Golf Club Entrance (Sign #21 & 51) - Request for special use permit to allow a stream crossing for access to' the proposed Old Trail Golf Club in accordanCe with Section 30.3.05.2 of the Zoning Ordinance which allows for 30.3.05.2. The property, described as Tax Map 55, Parcel 17B1 and 71 and Tax Map 56,Parcel 41, ContainS2;07 acres, and is located in the White Hall Magisterial District on Rt. 250 (Rockfish Gap Turnpike) across from the entrance to Western Albemarle High School. The property is'zoned R1 Residential and R6 Residential. The Comprehensive Plan designates this property as Neighborhood Density in the Crozet community. (Scott~Clark) DEFERRED FROM THE JUNE 17, 2003 PLANNING COMMISSION MEETING. Mr. Scott passed a copy of the vicinity map. He summarized the staff report. ~The applicant is proposing two stream' crossings for road access to the recently approved Old Trail Golf Club and for future residential development of the remainder of the Old Trail property. There are two stream crossing being proposed on Slabtown Branch, where twoforks of'the stream are being crossed. One with a pair:of 60 inch concrete culverts and one with a single cQlvert. Lickinghold Creek-and Slabtown Branch are both perennial streams and 'are indicated as Important Stream Valleys in the Open Space Plan. The other crossing is on Lickinghole Creek and that wbuld be a bridge.. The design of the bridge has not been determined yet. These crossings are placed in such a way that they match up the general road network indicated in the Crozet Framework Plan which is not yet a part of the Comprehensive Plan, but is expected to be adopted in basically the current framework. These crossings wOuld make that read network possible. The main concern of these crossings is to avoid increasing flood levels upstream of the newly installed crossings. 'The applicant has worked with the Engineering Department. in quite 'a bit of detail ,to make sure that at least the preliminary designs will be acceptable and the final details Will be worked out and in accord with the conditiOns that you have at the end of your report.~ One additional concern that Came up during the review is that the southern crossing on Slabtown Branch is sited at a confluence of two streams in a 'floodplain. Such' locations have been recognized' as probable sites of Native Amedcan archaeological sites'found in the County. In order to investigate whether there is a site there and address the impacts 'to it, staff is recommending an additional condition for an archaeologist stu dy. The description of thatstudy is attached-to the report. Basically phase one is an investigation stage to find out whether or not there is a significant site there at all. Then if so, that study would produce recommendations about how best to treat the site. There is also a total of 3.1 acres of impact from construction of the two crossings plus possibly some additional"areas outside of the cut and fill areas where they would be constructed whiCh will impact the stream and stream buffer areas. The applicants are working in detail' 'with the Engineering Department to develop a mitigation plan for thOse crossi.ngs. There is' some additional work to be 'done on that to come up with the final plan. The plan will prepare stream buffers along both of those creeks and also will provide some restoration of wetlands downstream of the Lickinghole Crossing. Again, the draft mitigation plans are attached to the report. In summary, staff found that the crossings Would provide the necessary road access for developing this portion of the Crozet community in accord with the comPrehensive-Plan: The crossings are also in accord with the road network ~proposed and the framework plan and are necessary to provide access to the already-approved Old Trail Golf' club. Staff is recommending approval of the request with the five conditions listed in the staff report. M~:, tR eley asked i~ tb;gre ,~ere any q;ue~tions for Mr. Cla~kl ..... aL Edgerton ask d ~f'~Ss n e ista ce on locating, the stream crossing on the handout .... Mr. Clark P~i~'ted~ut the ~0' ~eam cro~ing I~tions on the~handout M'~.~.:Ri~le~:asked~ if:there Were" Other queStions for Mr ~Ci~rk' s-~c~ ,~.~ ...... ~ .... '~ - the public ~earing and asked if the applicant WOuld like 'to address the Commi~si0n. Paul Tramp, Tran~o~:{i~n' Manage~ for the Timm°ns Group, Stated that J~ cammus, 'the golf course developer, .and Tom Sinclair, Construction Manager were present. He.stated that they h~Ve ~e~ ~rking ~Y~ Cl°selY'~t~ the-planning .~ff'dUri~g the C~oz¢ Mas~erpla~ prOcess to make' ~bre:'~,that the'nO~hlsbuth~ rOad is go ng t0' g0 ~roag'h the~' devei°~ment and sewe"the g01f coume is in gene~a'l con.[0~man~-wit~ the. pmPSsed Crozet'Maste~lan,. They. also..have :be~n ~0rEing biSSely'Wi~h 'Engineering '0n the Sp~c~C designs 0f ~ese crOssings t~ 'make Sure that they do minim ize the impacts of the streams, s~eam buffem and any other environmental issu~ that they:.have... Thgy~..think. that: they. _ have worked .... out a good~ engineering d~ign~ and look fo~ard ~a~i;~P'~g the ~!q~ p~a~s.? beg~ the road'~cnstrudii0n': Then the a=ess to theg~if course . . , p~a~, q. mcKly and:. ~e no,h/south acoess through the develonment ~-& f~b; n~=F~ nelp rusher the development in the Crozet area. He state~ that he W°ul~ be any questions. Mr.' Rieley' asked if them were questions .for Mr. Tramp.. He asked i( anyone else w6Uld i~e ,to ~d'dr~sS this` aPPlication. There being n0he, he closed ihe Public~headng t6 bring the matter'back to the Commission for discussion and .possible action, M~..,,HoPper stated.,tha~ ;he suppo~ed'-'the' sPeci~i Use~ permit, and wa;,glad t0 ~e that;the appJicant t~e 'C°untY. and'the d0mmission, Were in agreement ab0bt conditi°n ~ 5;" .Therefore, Sh~ m°ved:f°r the;~woval of SP-02:79, old Trail G01f Club Ent[ance' with ~e ~nditi'~s re~mmended in the s~aff repo~. ' 1. ~gi,~ering'Dep~Kment approval of computat ohs and plans do~mentiflg chan~es to,:the flOOdplalh,' Plans''must s~ow fld~plain limits and levels before,,,a~d ~Eer, ConstrUction O~di4ance ~ections 18~30.~o2,2 and 18-30;3:o3;2 all°w, no incr~ in flOod` levels. '7' 2. 'EngiB~ering ,DePa~me'nt.receipt of copies of federal and state permits for disturbance of ?tre~:~'c~a~nel. _: _ . ¢,- · and, .any. ,~assoCbed. , wetlands including.. , '-dfianges:,. to '{~e FEMA, maps. for t~e a[ea. .' .: 3. ~gineering Depa~ment approval of a final mitigation plan for repair and enhancement of the stream buffers. [17-322] The mitigation is to follow that shown on the conceptual plans titled 'tCon~eptual Stream Impact .Mitigation PI~,? (Lickinghole Creek)" and "Conceptual Stream [~pac~ Mi~igati0n Pia~ (SlabtoWn Branch) da~ed 6-05;03,. and the s~ea'mLbank treatment Schemat]~.titl~ "ROot Wad Detail" received bythe EngineednggePa~men{On 3~e 9~ 2003. The existing Lickinghole Greek bridge is intended to ~me 'paK of the trai s~stem ~or'~he site. bU{'improve~ents'or'~odifications to it may 5e paK o~ thefinal mitigation lans.. ;~ :' The location and nature of the cr0ssings are t° b~ as shown on sh~e~ ~ and 4 of ..... ,~ ...., ..... ,. ,., ,~ .............. ~ . ~ .the ~:=,,mm~r~ r~d p an ,~,ed ~ld Tra~l Western Avenue N-S Acce~ o ' ' ' ' . - ~ ( ..~. R ad),. dat~.5110103. mowever~ the Licking'bole'Creek CrOssing may be a simple span, oi an' arch. ~ith road and ~evations Iowe~than that shown on the prelim na~.plan. The road pro~ile should be.as. Iow aSreasonaby'aChi~able.:' , , ' - . - ~ . · .~, A '¢la~ sh°wing,ail''~eas ,to be ,disturbed during the ~nsEucton '0f' the'Sla~to~n Branch cr~sing Shall ~e"submiEed to t~e PJanning Depa'~ment. A PhaSe ! arC~a~Ologi~l ,su~ shall be completed in those a'reas, and ~pproP~iate ~itigation measures Shall be ~i~d aS,,,T .,¢icected,. by P arming Staff, pdOr to issuan~ of a grading, ~rmit for the Slabtown Branch crossing. Mr. Edgerton seconded the motion. The motion carried unanimously (5:0). (Loewenstein, Finley - Absent) Mr. Rieley stated that SP-02-79 would go to the Board of Supervisors on July 9t~ with a recommendation for approval. COUNTY OF ALBEMARLE Departmeqt o¢ Planning & Community Development 40l Mclntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 June 18,2003 Jerry Kamis March Mountain Properties, LLC 800 East Jefferson Street Charlottesville, VA 22902 RE: SP-02-079 Old Trail Golf Club Entrance (Sign #21 & 51) Tax Map 55, Parcel 17B1 and Tax Map 71, Parcel 56 Dear Mr. Kamis: The Albemarle County Planning Commission, at its meeting on June 17, 2003, by a vote of (5:0), accepted your request for deferral of the above-noted petition. Therefore, this petition has been rescheduled for public hearings as follows: ALBEMARLE COUNTY PLANNING COMMISSION - JUNE 24, 2003 ALBEMARLE COUNTY BOARD OF SUPERVISORS - JULY 9, 2003 If you have any questions, please do not hesitate to contact me at 434-296-5823 ext. 3325 Sincerely, Senior Planner Cc: '~a Carey Amelia McCulley Jack Kelsey COUNTY OF ALBEMARLE Department of Planning & Community Development 401 Mclntire Road, Room 218 Charlottesville, Virginia 229024596 (434) 296 - 5823 Fax (434) 972 - 4012 April 15, 2003 ANDERSON, JOHN W OR AGNES J BARRETT, ROBERT L OR RUTH A BELEW, MARY MAUPIN BOLLENDORF, BETTY L TRUSTEE OF THE BETTY L BOLLENDORF LIVING TRUST BRADLEY, DAVID D OR HELENE BRANDT, RICHARD M TRS U/A RICHARD M &U/A MATTICE F BRANDT U/D/T BROKAMP, JEAN H (NO ADDRESS) CASTNER, KEVIN C OR JUDITH SELLER CLARKE, PAUL W W OR LOIS S PATKIN COUNTY OF ALBEMARLE SCHOOL BOARD HENLEY & BROWNSVILLE SCHOOL COUNTY OF ALBEMARLE SCHOOL BOARD WESTERN ALBEMARLE SCHOOL CRAIG, S DALEY JR OR DOROTHY D & DAVID F OR LUCIA C RIDDICK CROZET LODGE NO 2164; LOYAL ORDER OF MOOSE INC CUBERO, JOHN G & OLGA M DAMERON, MARGARET V & JAMES DOUGLAS DAVIS, RANDOLPH F OR DORIS S DURRETT, DORIS A DURRETTE, GENOVA EWELL, JAMES H OR ELLEN LAWSON E FROEHLING & ROBERTSON INC ATTN IRVING PHILLIPS GOEKE, THOMAS J OR LUCY GOLD, PETER S OR REBECCA S HALL ENTERPRISES LLC HARRIS, GEORGE F OR EVELYN HARRIS, JULIA J ESTATE; GEORGE F HARRIS & C H ELDER CO-EXECUTORS HILLSBORO BAPTIST CHURCH, TRUS; HUGHES, STEVEN GREGORY OR JAMIE KRISTINS FOR HUGHES JOHNSON, DON M OR DONNA F JORDON DEVELOPMENT CORPORATION C/O ELAINE MCDANIEL/MGMT SRVS KELSEY, DANIEL G OR LANA L KEPCHAR, JAMES KIMBERLY KING, DAVID L OR ELLEN C KIRTLEY, BRUCEW OR BONNIE M KIRTLEY, W J JR & BRUCE W KIRTLEY KRISTINA FORD HUGHES MAUPIN, G WILLIAM JR OR KAREN L MESLAR-LITTLE, DEBORAH MOYER ETAL TRUSTEES MOYER, JOANNE L G FAMILY TRUST; RICHARD W PASTORS, DAVID T PATTERSON, JOHN P OR THERESA H PUGH, MARK E OR TRACEY R QUALITY FAMILY LAND TRUST; JAMES L STORK TRUSTEE R A YANCEY LUMBER CORP ROSENBLUM, JOHN W OR CAROLYN J RYALLS LARRY WAYNE OR LORA SUE SPENCER R RYALLS, LORA S SAUL, CLAUDE H OR PATRIClA C SCHEINER, ANDREW C OR MARY M GALLO SHAPS, MICHAEL SHEEHY, COLETTE SPICER, DAVID S OR DOROTHY C SPROUSE, JEFFREY S STRADFORD, ESTA CUYLER LIFE ESTATE THOMPSON, KAREN M OR ALLEN D THOMPSON-TRIPLETT THORNBIRCK DEVELOPMENT LLC TRIPLETT, MARK R OR ALLISON W U/D/T & MATTiCE F BRANDT TR VIA, DAVID J OR FRANCES S WASHINGTON, RONALD D OR JACQUELINE M WILLIAMS, CATHARINE MOYER WOODSON, DAN WYANT, RAY W OR FRANCES N YANCEY, RICHARD A JR, E D B YANCEY & SARAH T MAY ZOBRIST, DUANE H OR SHARON A RE: SP 2002-079 Old Trail Golf Club Entrance (Formerly Bucks Elbow Golf Club) - Tax Map $5, Parcels 71 Tax Map 56, Parcel 14 & 17B(1) Dear Sir or Madam: This letter is to notify you as an adjacent property owner that the applicant has requested that the above-noted petition be deferred to the June 17~ 2003, Planning Commission Meeting. The Albemarle County Board of Supervisors public hearing date will be July 9, 2003. If you should have any questions, comments or observations concerning this petition, please do not hesitate to contact me (804) 296-5823 ext. 3325. Senior Planner cc: ~a Carey Amelia McCulley Jack Kelsey Jerry Kamis Apd128.2003 COUNTY OF ALBEMARLE Departmer~t of Planning & Community Development 40 l McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 Jerry Kamis 800 East Jefferson St Charlottesville, VA 22902 RE: SP-02-79 Old Trail Golf Club Entrance (Sign # 21 & 51) Tax Map 55, Parcel 17B1 and 71 and Tax Map 56, Parcel Dear Mr. Kamis: The Albemar e County Planning Commission, at its meeting on April 22, 2003, by a vote of 4:0, accepted your request for deferral the above-noted petition. Therefore, this item has been rescheduled for public hearing as follows: ALBEMARLE COUNTY PLANNING COMMISSION - TUESDAY, JUNE 17, 2003 ALBEMARLE COUNTY BOARD OF SUPERVISORS - WEDNESDAY, JULY 9, 2003 The Albemarle County Planning Commission will meet at 6:00 p.m., Meeting Room #241, Second Floor, County Office Building, 401 Mclntire Road, Charlottesville, Virginia. The Albemarle County Board of Supervisors meeting begins at 6:00 p.m. You wil receive a copy of the staff report and tentative agenda one week prior to the Planning Commission meeting. YOU OR YOUR REPRESENTATIVE MUST i3E PRESENT AT BOTH OF THESE MEETINGS. If you have any questions, please do not hesitate to contact me. Sin/c~rely' .4~ Planner SC/jcf Cc: -.~ Ella Carey~ Amelia McCulley Jack Kelsey June26,2003 COUNTY OF ALBEMARLE Departmeqt of Planning & Community Development 40l McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 DavidWyant 4686 Garth Road Crozet VA 22932 RE: SP-03-07 Greenbrier Service Center Amendment; Tax Map 61, Parcel 148 Dear Mr. Wyant: The Albemarle County Planning Commission, at its meeting on June 17, 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. Only vehicles for sale and rental shall be stored/displayed in the areas generally shown for display on the "Greenbrier Service Center LLC" plan dated 5/20/03. All other vehicles shall occupy an approved parking space. 2. The entrance onto the public road shall be improved to a standard commercial entrance. 3. The required parking areas and travelways around the building shall be improved to meet current Zoning Ordinance requirements at the discretion of the Engineering Department. 4. The access to the shed to the north shall either be closed off and an alternative constructed or the applicant shall obtain the proper access easement to the shed. 5. Appropriate signage shall be provided'onsite to delineate the area for customer parking and the area for storage of the vehicles for sale and rental. 6. The recommended improvements above shall be approved through a site plan amendment. 7. Vehicles for sale and rental shall not be elevated anywhere on site. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on July 9, 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 theabove noted action, please do not hesitate to contact me (434) 296-5823. Sincerely, ~ ~.-? ~ Francis MacCall Planner c: v~a Carey Jack Kelsey Amelia McCulley Steve Allshouse STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: Francis H. MacCall June 17, 2003 July 9, 2003 SP 2003-007 Greenbrier Service Center Amendment for Vehicle Sales & Rental Applicant's Proposal: The applicant is requesting approval to expand the current area of motor vehicle sales and rental in the urban area as designated in the Comprehensive Plan. The expansion is for the addition of area for display. (Attachment B) Petition: Request for special use permit to allow an expansion of motor vehicle sales and rental in accordance with Section 22.2.2.8 of the Zoning Ordinance which allows for motor vehicle sales and rental in communities and the urban area as designated in the Comprehensive Plan. The property, described as Tax Map 61 Parcel 148, contains 1.636 acres and is located in the Rio Magisterial District on Gasoline Alley [Route #650] approximately 100 feet from the intersection with Rio Road. The property is zoned C-l, Commercial. The Comprehensive Plan designates this property as Neighborhood Service in Neighborhood 2. (Attachment A)- Character of the Area: The Greenbrier Service Center, an automobile service station and rental location of moving trucks and trailers, currently occupies Parcel 148. The property is fronted by the railroad on the east side, a carwash and convenience store with gasoline sales on the west and a convenience store with gasoline sales on the south. RECOMMENDATION: Staffhas reviewed the proposal for conformity with the Comprehensive Plan and with Zoning Ordinance Sections 31.2.4.1 and 22.2.2(8) and recommends approval of the special use permit with conditions. Planning and Zoning History: August 28, 1984 - The Planning Commission approved a site plan for a tire store, now a vehicle repair garage. December 11, 1984 - A plat creating the parcel for the tire store was approved. April 12, 1988 - A plat creating the current 1.636 acres was approved. June 10, 1992 - SP-1992-016 was approved with conditions to allow the sale and rental of motor vehicles per Section 22.2.2.8 of the Zoning Ordinance. The applicant at that time was required to get approval from planning staff of a landscaping and lighting plan. That approval not officially obtained until March 13, 2003. 1995-1997 - Three separate site plan amendment submissions were either withdrawn or revisions that had been requested were never submitted. There was a different owner at the time. VIO-2002-069 - The Greenbrier Service Center was sited for a site plan violation. That.violation was corrected with the March 13, 2003 amendment. March 13, 2003 - Minor site plan approval to correct a violation. The plan showed the replacement of the existing building that had burned down in 2002, and came into compliance with the 1992 ~special use permit conditions. There were some stormwater detention issues that were resolved as well with that plan approval. SPECIAL USE PERMIT Comprehensive Plan and The Neighborhood Model: Requests for special use permits in the Development Areas are assessed for conformity with the Neighborhood Model and the Land Use Plan. With the convenience store with gasoline sales businesses located in Neighborhood 2, the proposed vehicle rental facility expansion would not be a departure from the current land-use and character of the area. The Comprehensive Plan does recommend that areas designated for Neighborhood Service be connected to the other uses in'the neighborhood through a system of sidewalks or pedestrian paths. An assessment of the proposed project as it relates to the twelve principles for development in the Neighborhood Model are provided below: Pedestrian Orientation- A concrete sidewalk is being recommended to extend from entrance of the site up to the existing concrete sidewalk in front of the carwash along Rio Road. Neighborhood Friendly Streets and Paths - No new streets are proposed with this development. It will be accessed from an existing road network. Interconnected Streets and Transportation Networks -There are no proposals for interconnected streets~ Parks and Open Space - Not applicable. Neighborhood Center - Not applicable. Buildings and Spaces of Human Scale - Not applicable. Relegated Parking - The current parking area is being utilized in this proposal andis currently not relegated. Mixture of Uses - Not Applicable. Mixture of Housing Types and Affordability - Not Applicable. Redevelopment - The applicant is not proposing any redevelopment at this time. Site Planning that Respects Terrain - No critical slopes or flood plain will be disturbed with the expansion of the proposed use. 2 ? Clear Boundaries with the Rural Areas - This site is not located along a boundary with the Rural Area. Engineering Analysis: The County's Engineering staff has reviewed this request for engineering issues related to health, safety, and welfare requirements. The Engineering Department is recommending approval of the special use permit with conditions as outlined in the attachment and below. (Attachment C) STAFF COMMENT: Section 31.2.4.1 of the Zoning Ordinance below requires that special use permits be assessed as follows: Will the use be of substantial detriment to adjacent property? Vehicle sale and rental at this location would not be of substantial detriment to neighboring properties. Will the character of the zoning district change with this use? The use should not have any altering effect on the character of the district considering the predominant automotive service-oriented uses along that portion of Rio Road. Will the use will be in harmony with the purpose and intent of the zoning ordinance? C-1 districts are intended to permit selected retail sales, service and public use establishments which are primarily oriented to central business concentrations. The proposed use as a vehicle sale and rental facility is consistent with the uses allowed in such concentration of services. Will the use be in harmony with the uses permitted by right in the district? By-right uses in C-1 districts tend to be retail and office in character. The uses allowed under a special use permit are normally those that have the potential to generate more traffic or noise in the district. The proposed site is small and will be used as a U-Haul rental facility and motor vehicle maintenance facility. It is not anticipated that this expansion would generate more traffic or noise than would be in a typical retail establishment allowed by right. Therefore, the proposed use is expected to be in harmony with uses that are allowed by right. Will the use comply with the additional regulations provided in Section 5.0 of this ordinance? No regulations in Section 5.0 apply specifically to this site. Will the public health, safety and general welfare of the community_ be protected if the use is approved? 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 inthe location requested. Staff is concerned with the current site access to for both pedestrians and vehicles, and the circulation of vehicles once onsite. Staff believes that improving the required parking area and travelways to the standards 3 recently developed for parking should be required since the expansion is driving the required amount of parking. This includes but is not limited to improving the current entrance from Route 650, providing curbing, protected parking rows, and proper surface material. Staff would work with the applicant during the site plan amendment that would be required for the .changes. Also, continuing the concrete sidewalk along Route 650 promotes the connections that are desired with this area as defined in the Comprehensive Plan for Neighborhood Service, and would complete a section of existing sidewalk. There is a 24' X 55' area that is shown on the plan for trailers to be used to store tires for recycling is not part of this application as stated on the plan. It is a use determined to be associated with the by right use of the garage. SUMMARY: Staff has identified the, following factors, which are favorable to this request: 1. The site would use an existing internal road network. 2. The site is located in a low area not totally visible from Rio Road. 3. Providing for improved pedestrian access throughout the neighborhood. 4. Providing for improved parking and internal circulation: Staffhas identified the following factors, which are unfavorable to this request:. 1. The site does not meet current County site plan regulations. RECOMMENDED ACTION Staff recommends approval of SP-2003-007 with the following conditions that would bring the site into compliance with the current County regulations: Only vehicles for sale and rental shall be stored/displayed in the areas generally shown for display on the "Greenbrier Service Center LLC" plan dated 5/20/03. All other vehicles shall occupy an approved parking space. o A concrete sidewalk shall be constructed along Gasoline Alley (Route 650) to extend from the existing concrete sidewalk in front of the adjacent property (Tax Map 61 Parcel 147) to the entrance of the property from Route 650. 3. The entrance onto the public road shall be improved to a standard commercial entrance. 4. The required parking areas and travelways around the building shall be improved to meet current Zoning Ordinance requirements. 5. The access to the shed to the north shall either be closed off and an alternative constructed orthe applicant shall obtain the proper access easement to the shed. 6. Appropriate signage shall be provided onsite to delineate the area for customer parking and the area for storage of the vehicles for sale and rental. 7. The recommended improvements above shall be approved through a site plan amendment. 8. Vehicles for sale and rental shall not be elevated anywhere on site. ATTACHMENTS: A - Vicinity Map/Tax Map B - Plan Reduction C - Engineering Analysis and recommendations ? .............. ! / i /! ~ /i //' AL BE MAR-.. ,"v o :.:.E--C'~" sc ATTACHMENT A SP- 2003 - 07 GREENBRIER SERVICE CENTER '/INCH = 400 FEET \/ '.,,~ · .. ........... ..,, ! ',../ ................. . ,..., ............. , \~ /".-..~, \, ~ '- ........ . ...... .1 ,% ,, /.-.~ / ,' /,' -. ....... /' ~./ /.1 ATTACHMENT C COUNTY OF ALBEMARLE Department of Engineering & Public Works MEMORANDUM To: Francis MacCall From: Glenn Brooks Subject: Greenbrier Service Center, SP-03-7, for vehicle rental and sales Date received: 23 May 2003 Date of Comment: 10 Jun 2003 The Engineering Department recommends approval of the special use permit with the following conditions: 1. A permanent easement be obtained from the adjacent property for travelways and parking. 2. The entrance onto the public road be revised to a standard commercial entrance. 3. The required parking areas and travelways around the building be revised to meet current Zoning Ordinance requirements. Please note that these are all issues identified in the review memo of 28 Feb 2003. For a better understanding of what is involved, a sketch has been provided showing a parking area and site layout which may meet conditions 2 and 3 above. The paving, curbing, islands, grading, slightly fewer parking spaces, and other details would make this a substantial revision. It is understood that the previous site plan amendment, SDP-02-133, was approved (3-7-03) without the site meeting current parking regulations (adopted 2-5-03). This was due to the special circumstances of correcting outstanding zoning violations on the site, and the fact that the new regulations were adopted while the site plan was in progress. Copy: file 2414, SP-03-007 File: Greenbrier Service Center sales and rental sp (2).doc ATTACHMENT C COUNTY OF ALBEMARLE Departmeqt of Planning & Community Development 401 Mclntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 May14,2003 ANDERSON, BETTY W BELVEDERE STATION LAND TRUST; ROBERT M HAUSER, ETAL TRUSTEES COVENANT CHURCH OF GOD; ERNESTO V DEOMAMPO ETAL TR FITCH, GEORGE H OR PATRICIA F MONTICELLO OIL COMPANY TAYLOR OIL COMPANY RE': SP 2003-007 Greenbrier Service Center Amendment Tax Map 61 Parcel 148, Dear Sir or Madam: This letter is to notify you as an adjacent property owner that the applicant has requested that the above-noted petition be deferred to the June 17~ 2003, Planning Commission Meeting. The Albemarle County Planning Commission will take action on this deferral request on May 20, 2003. The Albemarle County Board of Supervisors public hearing date will be July 9, 2003. If you should have any question, comments or observations concerning this petition, please do not hesitate to contact me at (804) 296-5823 ext. 3418. Sincerely, Francis Iq. MacCall Planner CC: ~ Carey Amelia McCutley Jack Kelsey David Wyant Gary Hicks COUNTY OF ALBEMARLE Department of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 April 16, 2003 ANDERSON, BETTY W BELVEDERE STATION LAND TRUST; ROBERT M HAUSER, ETAL TRUSTEES COVENANT CHURCH OF GOD; ERNESTO V DEOMAMPO ETAL TR FITCH, GEORGE H OR PATRICIA F MONTICELLO OIL COMPANY TAYLOR OIL COMPANY RE: SP 2003-007 Greenbrier Service Center Amendment Tax Map 61 Parcel 148, Dear Sir or Madam: This letter is to notify you as an adjacent properly owner that the applicant has requested that the above-noted petition be deferred to the May 20, 2003, Planning Commission Meeting. The Albemarle County Board of Supervisors public hearing date will be July 9~ 2003. if you should have any questions, comments or observations concerning this petition, please do not hesitate to contact me (804) 296-5823 ext. 3418. Sincerely, Francis H. MacCall Planner cc: ~a Carey Amelia McCulley Jack Kelsey David Wyant Ga~ Hicks COUNTY OF ALBEMARLE Department of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 May 21, 2005 David Wyant 4686 Garth Road Crozet, VA 22932: RE: SP-03-07 Greenbrier Service Center Amendment Tax Map 61, Parcel 148 Dear Mr. Wyant: The Albemarle County Planning Commission at its meeting May 20. 2003, by a vote of 7:0, accepted your request for deferral of the above-noted petition. Therefore, this item has been rescheduled as follows: ALBEMARLE COUNTY PLANNING COMMISSION - JUNE 17, 2003 ALBEMARLE COUNTY BOARD OF SUPERVISORS - JULY 9, 2003 The Albemarle County Planning Commission will meet at 6:00 p.m., Meeting Room #241, Second Floor, County Office Building, 401 Mclntire Road, Charlottesville, Virginia. The Albemarle County Board of Supervisors meeting begins at 6:00 p.m. You will receive a copy of the staff report and tentative agenda one week prior to the Planning Commission meeting. If you should have any questions or comments regarding the above noted action, please do not hesitate contact me (434) 296-5823 ext. 34t8. Planner FM/jcf / Cc: ~lla Carey Amelia McCulley Jack Kelsey Steve Allshouse COUNTY OF ALBEMARLE Department of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 June 10, 2003 Marcia Joseph 481 Clarks Tract Keswick, VA 22947 RE: SP-03-18 Olivet Presbyterian Church Amendment (Sign #82 & 86) Tax Map 43, Parcel 8 Dear Mr. MyeCs: The Albemarle County Planning Commission, at its meeting o~n June 3, 2003, by a vote of 6:0, recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1. The church's improvements and the scale and location of the improvements shal be develcped in general accord with the site plan entitled, "Olivet Presbyterian Church Special Permit Amendment and Major Site Plan Amendment," prepared by Joseph Associates, and dated February 24, 2003 and revised May 9, 2003. 2. The area of assembly shall be limited to a maximum 192-seat sanctuary. 3. Commercial setback standards, as set forth in Section 21.7.2 of the Albemarle Zoning Ordinance, shall be maintained adjacent to residential uses or residentially zoned properties (including RA zoned propertyl. 4. There shall be no day care or private school on the site without approval of a separate special use permit. 5. Health Department approval of well and/or septic systems shall be required prior to the issuance of a building permit. 6. No parking lot lighting shall be installed in the parking areas. Only walkway lighting to the parking areas, with no more than three thousand (3,000) lumens, shall be permitted to be installed. The walkway lighting shall be turned on only for nighttime services or meetings. 7. No outdoor recreational/play activities shall be permitted after dark. 8. The outdoor light will be brought into corn pliance with the existing lighting ordinance. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on July 9, 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. Sincerely, Steven Biel Planner SB/jcf Cc: Ella Carey Jack Kelsey Matt Grimes Amelia McCulley Steve AIIshouse Olivet Presbyterian Church STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: Steven Biel June 3, 2003 July 9, 2003 SP 2003-18 Olivet Presbyterian Church Addition Update: At the June 3 Planning Commission meeting, the Planning Commission directed staff to furnish the Board of Supervisors with data regarding vehicular accidents in the immediate area of Olivet Presbyterian Church. VDOT has furnished staff with crash statistics on Route 614 (Garth Road), between Route 676 (Owensville Road) and Route 839 [Whippoorwill ROad). The data shows there were a total of 17 accidents on the :971 mile section of Garth Road for the period January 1, 1995 through December 31, 2002 (Attachment K). There were a total of 11 people injured in 8 of the accidents. Of these 17 accidents, there were no fatalities: Nine of the seventeen accidents involved vehicles hitting fixed objects, such as trees. The 17 accidents over the seven-year period equate to 2.4 accidents per year. The Planning Commission also* directed staff to provide the Board of Supervisors with. information regarding varieties of right-turn tapers along Route 614. At the time of this update, staff was in the process of taking pictures and identifying the types of right-turn tapers in the vicinity of the church. Staff will provide this information at the July 9 Board of Supervisors meeting. Applicant's Proposal: The applicant is requesting approval to amend SP 2000-020 to allow for the expansion of an existing church, which would include office/classroom uses and the reconfiguration of parking (Attachment A). The specifications for the proposed expansion are as follows: The footprint of the proposed addition would be 3,350 sq. ft.; The proposed addition would contain two above-ground floors and a basement for a total of 10,050 sq. ft.; There would be no increase in the church's seating capacity (192 seats). There would be no increase n parking spaces to the existing 92 spaces. The special use permit that was approved in 2000 (SP 2000-020) was for an addition that had a building footprint of 2,400 sq. ft., additional parking areas for 54 vehicles (92 total), an outdoor recreational area, and an unlighted basketball play area. At the time of approval, it was undecided as to how many floors the 2,400 sq. ft. building footprint would contain. The proposed 3,350 sq. ft..building footprint would be located in the same general location as the previously approved 2,400 sq. ft. building footprint. The staff report for SP 2000-020 (with selected attachments) and the minutes from the July 11, 2000 Planning Commission meeting are attached for reference (Attachment I). The church is currently offering three Sunday morning services from 8:30 a.m. through noon. There are also various church activities throughout the week at various times as well as community activities, such as Girl Scout and Boy Scout meetings. Petitions: Request for special use permit to amend SP 2000-020 to expand an existing church for office/classroom uses and an outdoor recreation area in accordance with Section 10.2.2.35 of the Zoning Ordinance which allows for churches. The property, described as Tax Map 43, Parcel 8, contains 9.187 acres, and.is located in the Samuel Miller Magisterial District on Garth Road (Route 614) approximately 300 feet west of the Garth Road (Route 614)/Owensville Road (Route 676) intersection (Attachment B). The property is zoned RA-Rural Areas and EC-Entrance Corridor Overlay District. The Comprehensive Plan designates this property as Rural Areas in Rural Area 3. Character of the Area: The area surrounding the church is rural agricultural and residential. The Harmony subdivision is adjacent to the west (Attachment C). A portion of the Moorman's River Agricultural Forestal District is located to the east (Parcel 9) and to the north across Garth Road (Parcels 5 and 5A) from the church Attachment A). The Agricultural Forestal Advisory Committee is scheduled to review this request at their May 19, 2003 meeting. Staff will advise the Planning Commission as to the recommendation by the Agricultural Forestal Advisory Committee during the public hearing. Staff's recommendation to the Agricultural Forestal Advisory Committee will be that there would be no significant impact on the adjacent District by the proposed amended building addition. The Agricultural Forestal Advisory Committee did not review SP 2000-020. Plannin.q and Zonin.q History: In order to provide some indication of develcpment activities for churches in the Rural Areas, a history of special use permit applications is attached for. reference (Attachment D). The church predates the Zoning Ordinance and was not operating with an approved special use permit until the use was brought into compliance with the approval of SP 2000-020. Comprehensive Plan: The Comprehensive Plan identifies this site and surrounding area as. being located in the Rural Areas. The operation or expansion of a church in the Rural Areas is permitted by special use permit. Churches provide a service to rural area residents and the use is considered to be consistent with the policies within the Comprehensive Plan. The church property is located adjacent to portions of the Moorman's River Agricultural Forestal District. Chapter Two of the Comprehensive Plan states that the COunty's agricultural lands and forests are among its most visible and treasured resources. The proposed expansion of the church and reconfiguration of parking, while visible from the District, would not encroach into protected lands. A landscape buffer has been installed along the eastern border of the church's property, as conditioned by SP 2000-020, to screen the church property from the adjacent property that is located within the District. 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 2003-018 with conditions, based on its consistency with the Comprehensive Plan. STAFF COMMENT: Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance: The Board of Supervisors hereby reserves unto itself the 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. Staff believes the church is adequately buffered from adjoining property owners by landscape areas and natural wooded areas (Attachment E). The closest residence (Parcel 9) is approximately 175 feet to the east from the church and is buffered by a landscape screening buffer consisting of a double row of staggered mixed conifers, in accordance with condition #5 of SP 2000-020. The intent of this condition was to entirely screen the adjacent property owner from the asphalt parking areas within three years (at this point in time, the planted landscape trees have not grown to completely screen the adjacent property, as they have not yet reached their maturity). The next closest residence is located in the Harmony subdivision approximately 475 feet to the southwest from the church. There is approximately a 50-foot natural wooded area that buffers the church from this residence. A number of neighbors from the adjoining Harmony subdivision and the neighbor of the adjoining property to the east of the church have expressed concerns with the im pacts the proposed addition would have on the surrounding area. A letter has been submitted that outlines the concerns of the neighbors (Attachment F). Staff will address the six main concerns that the neighbors have expressed with the proposed amended church addition. · Noise (parking/playground): This request is not increasing the amount of parking. The parking closest to the adjoining neighbors will not be changed. The parking that will be displaced by the building addition will be reconfigured in the general area of the proposed new building. There is also no projected increase in the use of the playground. As conditioned by SP 2000-020, no outdoor recreational/play activities are permitted after dark. This con dition would carryover if this special use permit request is approved (condition #9). · Outdoor li_~htin~: There is no outdoor lighting proposed, which has been noted on the site plan. Lighting issues will also be reviewed atthe site plan stage and will be in accordance with Section 4.17 of the Zoning Ordinance. · Traffic: There is no proposed increase in the seating capacity of the church; therefore, there would be no increase during the peak times for Sunday morning services (3 people per ' car=128 vehicle trips per service for a total of 384 vehicle trips for all three services). · Septic capacity: As therewould be no increase in the seating capacity, the Health Department has no concerns with the proposed addition and has given preliminary approval. · Water usage: As with septic capacity, there would be no increase on the water demand. · Property values: The church has been in existence for over 120 years. There appears to have been no apparent consequences on the surrounding property values. There has also been a concern raised by the adjacent neighbors regarding the church's existing activity level and possible violations, including the operation of'a day care facility. The church has a program that is called Kid's Connection that meets on Wednesdays, frOm 2:30 p.m. to 5:00 p.m. for a limited number of weeks during the school year. This program offers Bible study, music, snacks, and supervised outdoOr recreation (weather permitting) for age 4 through 5th grade. There is no fee for participation. This program was also existing in 2000 when SP 2000-020 was approved. The Department of Zoning has determined that this program does not constitute a day care facility based on one day per week with limited hours, thus there is no violation (Attachment J). A second possible violation by the church is the parking area closest to Harmony Drive. During the review of SP 2000-020, it was noted that this parking area would be for overflow parking only, and a waiver was granted so that it could have a gravel surface on part of the parking area, rather than a paved surface. The portion of the parking area that was intended to be paved included two basketball goals. Since that approval, the entire parking area has been paved with the installation of the basketball goals. The Department of Zoning has determined that there is no requirement for the parking lot to rem ain gravel and that the basketball area was approved for that use. Therefore, there is no violation. Finally, the neighbors have cited a possible violation pertaining to a lighting issue. The only outdoor lightpole is in front of the church approximately 20 feet from the right-of-way on Garth Road. The light from this pole glares into adjoining properties during the months when the deciduous vegation has dropped its leaves. A zoning inspector will investigate to determine what lighting regulations apply to the site and if there are any violations. Since the church has ~een at its present location long before the zoning ordinance, the light may be nonconforming. If any violations are found, a condition could be added to address abating any violations. Furthermore, the church has expressed a willingness to work with the Department of Zoning to abate any possible violations. The church has provided a brief description of programs offered by the Children's and Youth Ministries. Also included is a calendar (April 2003) of events that is typical of the church's involvement with various community organizations (Attachment G). that the character of the district will not be changed thereby, Low-density residential, agricultural/forestal uses, and open space uses characterize the Rural Areas district. The amended church expansion is not expected to change the character of the district. According to the applicant, the church has been in existence for over 120 years. A portion of the existing church is a historic structure that has been surveyed by the Virginia Department of Historic Resources. An addition was later added to the original church. It is important that this addition be compatible with the architecture of the existing facility. The proposed addition should not overwhelm the original structure and should be compatible with the original structure in terms of height, mass, scale, roof lines and forms, size of window and door openings, details, materials, and colors. The applicant has provided an elevation for review by the Planning Commission and Board of Supervisors (Attachment H). Architectural Review Board (ARB) staff has reviewed the building elevation and has suggested the applicant revise the fagade to simplify the detail in the northern gable to reduce its prominence as compared to the original detailing of the historic sanctuary. Also, the Design Planner has requested a more distinct separation between the new and existing construction at the courtyard entrance fagade. The applicant has agreed to these two requests and would be accomplished through conditions of approval (conditions 6 and 7). and that such use will be in harmony with the purpose and intent of this ordinance, The Rural Areas zoning district provides for the preservation and protection of agricultural and forestal lands and activities; provides for water supply protection; provides an area of limited service delivery; and provides for the conservation of natural, scenic, and historic resources. The church is viewed as a use that is supportive of rural Albemarle County residents. A portion of the building is a historic structure and a condition of approval will ensure the proposed addition would be compatible with the historic portion of the building (conditions 6 and 7). 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 right in the district, This use would not prevent by-right use of the adjacent properties. with additional regulations provided in Section 5.0 of this ordinance, Section 5.0 of the Zoning Ordinance contains no additional regulations governing churches. and with the public health, safety and general 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. Previous comments from the Virginia Department of Transportation (VDOT) regarding SP 2000- 020 recommended a 100-foot right-turn taper be constructed at each entrance. The VDOT review for this application reaffirms the recommendation for a 100-foot right-turn taper at each entrance. VDOT believes the right-turn tapers would mitigate the dangerous speed differential between vehicles slowing to turn and vehicles traveling past the site at 45 mph. 4 The Department of Engineering does not have any concerns with the proposed expanded addition or parking reconfiguration. Engineering staff also noted that stormwater management would not be significantly affected by the proposed changes. Furthermore, the Department of Engineering does not support the need for a 100-foot right-turn taper at each entrance as recommended by VDOT, based on there being no increase in seating capacity. There would be no increase in the peak trip generation period during Sunday mornings. Staff concurs with the Department of Engineering and does not recommend the construction of a turn taper lane at the entrances. This is consistent with the action taken on SP 2002-020. The Department of Building Code and Zoning Services reviewed this application and has no concerns other than issues that would be addressed at the site plan stage. The existing parking that is shown on the eastern portion of the property is not properly delineated. As this is existing parking, it would be delineated on the site plan in accordance with Section 4.12.'16(d). The Health Department has reviewed the proposed expanded addition in respect to the existing drainfield. As the proposed addition will not increase the seating capacity, the Health Department has no concerns with the proposed expanded addition. SUMMARY: Staff has identified the following factors that are favorable to this request: 1. The church has provided a service to the community for over 120 years. 2. No detrimental impact is anticipated as a result of the building addition and parking reconfiguration. 3. The proposed building addition would be architecturally compatible with the historic section of the existing building. Staff has identified th e following factor that are relevant to this request: 1. Neighbors in the adjoining Harmony subdivision have concerns as to what the impacts of the proposed expanded addition would have on the surrounding area. RECOMMENDED ACTION: Based on the findings contained in this staff report, staff recommends approval of SP 2003-018, subject to the following conditions (conditions 6 & 7 replace condition #4 from SP 2000-020 and conditions 8 & 9 are carryovers from SP 2000-020): 1. The church's improvements and the scale and location of the improvements shall be developed in general accord with the site plan entitled, "Olivet Presbyterian Church Special Permit Amendment and Major Site Plan Amendment," prepared by Joseph Associates, and dated February 24, 2003 and revised May 9, 2003. 2. The area of assembly shall be limited to a maximum 192-seat sanctuary. 3. Commercial setback standards, as set forth in Section 21.7.2 of the Albemarle Zoning Ordinance, shall be maintained adjacent to residential uses or residentially zoned properties (including RA zoned property). 4. There shall be no day care or private school on the site without approval of a separate special use permit. 5. Health Department approval of well and/or septic systems shall be required prior to the issuance of a building permit. 6. Prior to issuance of building permits, the fa~;ade for the proposed addition, as shown in Attachment H, shall be revised to simplify the trefoil detailing in the northern gable to reduce its prominence and to allow the original detailing of the historic sanctuary to continue to be the most distinctive details on the building, as determined by the Design Planner. 5 7. Prior to issuance of building permits, the facade for the proposed addition, as shown in Attachment H, shall be revised to provide a more distin ct separation between new and existing construction at the courtyard entrance fa(;ade, as determined by the Design Planner. 8. No parking lot lighting shall be installed in the parking areas. Only walkway lighting to the parking areas, with no more than three thousand (3,000) lumens, shall be permitted to be installed. The walkway lighting shall be turned on only for nighttime services or meetings. 9. No outdoor recreational/play activities shall be permitted after dark. Attachments: A- Application and Plan B - Location Map & Tax Map C - Aerial Map D - Rural Area Church History E - Landscape Photos F - Letter From Adjoining Property Owners G - Schedule of Youth Activities Church Calendar H - Building Elevation I - SP 2000-020 Staff Report & Minutes J - Department of Zoning Memo K - VDOT Accident Summary Depax~nent of Building Code an¢ .... ATTACHMENT A Application for Special Use Permit Daytime Phone ( '-_ ) _ city r=6~/~ ~,,,'/~t s~, ~'4. zi~~ ..... Sm~ ~ Zip '-~ _ . .e-m~ ..... _ ,, map a~ 7 he."eby ~m~erv~ unto itself the right tu issue all special use pennit~ pertnitted hur~under. permits for us~s ~ provided in this ordinance may bo issur, d upon a f'mding by the bonrd of supervisor~ lhmt ~u~h us~ will not be of substmufiai delfimenl Io ~dj~.~nt pmpeimy, lhat thc character of lhe d/strict will not be changed theroby and thai such use wjJ{ b~ in ~y ordinan~, with the use~ l:~=mitted by ri~h~ in the district, with addJ~o~ ~gulntions provid~ in s~:~n 5.0 of this ordinan~, and with the public l'~tlth, r, mfoty ,,,,a general welfare. How will this use tm~lr~t~ ~ pu~ hr. aMt, s~fely, and gon~rnl wolf~re cd' the community7 I 8 Rccc~fed plat or boundary surwy of d~c propert~y requc~e~d for th~ re,nine. If there is ~ecordcd pla~ or boundary survey, plce~ providc Ic~al ~ption of ~c ~ ~ Deed Book and ~ number or 1'~ Book end parc ~umbe~. It' tl~ applicant is a contra~ putcha, s~, a 'docun~nt acc=p~abl= to tl~ County must be submitted containing ~ owr~r's written consent to't~ application. ff thc applicant is the agcnt of the owner, a document acceptable ro thc County must b~ subnuUext that is cvidcnc~ of tl~ e~stenc~ and scope of thc agency_ OPTIONAL ATTACH. MENTS; ~ ~ that I own thc subject propc~, or have the icgal power lo.act on bchalf of thc owner in this apptica~ioa. I also ceatif7 that',he iafom.atioa provided is true ~ accuraIe ~o ~ bcs[ of mi, , ..4. -. o Daytime phone, number of Signatory ATTACHMENT B WHITE HALL CROZET SP- 2003.18 OLIVET PRESBYTERIAN CHURCH ADDITION 1 INCH = 11,000 FEET w~,~. '-'-%~;, ./ FREE~ ~ // Greene Reservoir c:\Mapping\olivet.dgn 05/07/2003 02:54:53 PM APPROVAL DATE APPLICANT NAME FILE NUMBER TMP CPAREA SEAT CAPACITY 20-May-81 Adial Full Gospel Church SP-81-13 69z37 RA3 140 02-Jun-82 Jehovah's Witnesses SP-82-21 130-25 RA4 96 01-Dec-82 Albemarle Baptist Church SP-82-64 61-6 RA1 500 20-Apr-83 Calvary Baptist Church SP-83-7 130-25 RA4 300 18-Jul-84 Maple Grove Christian Church SP-84-40 32-29G RA2 250 01 -May-85 Pentecostal Church SP-85-13 80-57A RA2 50 20-Aug-86 Saponi Corporation SP-86-42 21-32B RA2 100 03-Dec-86 Cistercians of the Strict Observance SP-86-60 27-40, 27-40A RA1 25 ,, 19-Aug-87 Mission of Christ Church SP-87-64 128-65, 128-70 RA4 84 21-Dec-88 James River Baptist Church SP-88-96 130-35A RA4 130 17-May-89 Crozet Church of God SP-89~25 55-96A RA3 250 17-May-89 CovesVille First Baptist ChUrch SP-89-21 109'6E RA3 180 14-Nov-90 Lighthouse Baptist Church SP'90-81 32-23H1 RA2 150 ........... 15-Apr-92 James River Baptist Church SP~92-03 130-35A, 130-35A1 RA4 60 13-May-92 Unity Church in Charlottesville SP-91-71 61-4 P,~kl 300 10-Jun-92 CroZet Church of God SP-92-20 55-96A RA3 250 14-Apr-93 Gordon Zimmerman SP-93-04 115-11E RA4 150 15-Oct-97 Virginia Land Trust SP-97-03 32-22KA RA1 125 17-Mar-99 Blue Ridge Community Church SP-98-69 21-32B RA2 250 17-May-00 Evergreen Baptist Church SP-99-077 46~38C RA2 300 17-May-00 Unity Church SP-00-02 61-4, 61-4B RA1 200 14-Feb-01 Northside Community Fellowship SP-00~58 21-11 RA 1 200 View from the eastern parking area looking toward adjacent residence (Parcel 9). La'cape buffer along border of church property and Parce!~ View from the cemetery looking toward adjacent property (Parcel 59). Vie ;rom western parking area looking toward Garth Road. View from western parking area looking toward adjacent property (Parcel 59), ATTACHMENT F 3 April 2003 ila MAY ~ e 2003 To the Albemarle County Board of Supervisors, Department of?lanning and Community Development, and Zoning Services. Re. Olivet Presbyterian Church expansion. As neighbors of the Olivet Presbyterian Church and residents of the West Garth Road area, we are very deeply concerned about the proposed expansion projects, and their impact on the character of the surrounding neighborhood. We want to reassure the church that no one objects to an old and respected country church holding services, a spiritual community gathered together in worship. Many neighbors who are not members of the church are nevertheless spiritual and religious people themselves, and respect the altruistic activity of the church. Some neighbors who are, or have been, members of the church, value its spiritual activity, but nevertheless, do not want to be living in proximity to a much expanded institution with playgrounds, parking lots, increased traffic, etc. We respectfully submit to the church that if they want to undertake activities that are ancillary to worship, particularly school, outdoor recreation, sports, summer camp, sponsorship of large events outside of Sunday services, etc., that these should be undertaken at an additional facility, in an urban part of the county zoned for commercial activity. We need to look not just at the proposed building project itself, but at the uses to which the building will be put. Several rooms in the new structure are a graded series of classrooms. Can the church positively assure us of its commitment that these rooms will only be used for Sunday School, or are they going to be used during the week also? By how many people? Are the classrooms going to be rented or donated for use by groups like Boy or Girl Scouts or other organizations? Indoor classroom activity is not very disruptive to the neighbors, but in the real world it is usually accompanied by outdoor playground activity and sports, which are disruptive to the neighbors. And once the size grows beyond a certain point, traffic becomes an issue. Once again, no one questions a church's need to hold Sunday school classes, but this building proposal provides a context for much expanded activity during the week. Even if the County were to forbid such ancillary activity by the terms of the special use permit, the neighbors do not want to be in the uncomfortable pOsition of having to monitor for compliance. These are some of our concerns: NOISE: Not just the construction noise and disruption entailed by building such a large structure, but the ongoing day in and day out noise of its use. The current playgrounds and parking lots are a source of disturbance to the neighboring properties right now, even without an expanded facility, particularly to the Faulconer property. If the physical plant and the accompanying activities are expanded, the noise can only increase. The most immediate negative impact on the neighbors is in the area of sports and outdoor recreation. The church is now asking for unspecified expansion of its outdoor recreation facilities - this is one function that should definitely take place at another site. 2. Outdoor lighting. The church is already operating lighting that glares onto the surrounding areas. A huge new structure with new uses is hard to imagine without more lights. 3. Traffic. If the church is talcing steps to build up a greater population of congregants, students and other users of the facility, this will have an effect on traffic and public safety, and again, noise in the area, and loss of privacy in a rural residential area. Many neighbors, not just the immediate neighbors but those who live up and down Garth Road, are concerned that increased traffic on Garth Road will in the foreseeable future necessitate a now-unnecessary traffic light, a widening and/or straightening of the road (eating into the property of many homes bordering the road). 4. Septic capacity. Seven (7) additional bathrooms are proposed for the 3-story expansion, in addition to those that already exist. Are we prepared for the long term impact of this? The current septic field underlies one of the playgrounds, adjacent to the cemetery, and would seem difficult to expand. Churches which are occupied only for Sunday services have a limited septic impact, but when we factor in the scout groups and other meetings throughout the week, as well as other activities that gradually lead to the establishment of a school, there is a considerable environmental impact to consider, particularly the safety of the groundwater. 5. Water usage. The entire area of surrounding homes, like the church, depends on wells, and we absolutely must anticipate future droughts in our area. We must consider the expansion project's effect on neighboring homes and properties which share the same aquifer. If the church is able to provide space for more activity more of the time, impact on the aquifer we all share must be considered. 6. Property values, Many people have put their life savings into their homes. In addition to not wanting noise, traffic, and other disturbances to the peacefulness of the area, and the environmental integrity of the surrounding properties, neighbors are justifiably concerned about the effect these disturbances may have on their life savings. The special use permit application that was submitted on February 17 labels this project as a 3,300 square foot "minor" expansion, while the actual plan calls for a 3-st0ry, 10,500 square foot expansion. The 3,300 figure (listed twice in the proposal and once in the plans), as it tums out, applies only to the footprint of the basement on the ground. We are sure this "error" will be corrected in furore submissions. However weare concerned that this submission to county officials, by experienced professionals, is an effort to present a minimal impression of the impact of the construction. We hope that the church will adhere to a high standard of candor in stating and evaluating all the likely uses and impacts of this project. While the application portrays this as a modest expansion it is .quite a major construction given the character of the surrounding neighborhood. 2 Parking lot "reconfiguation": the waiver granted for the parking lot (doubling as a basketball court) constructed in 2000, close to the neighbors' home, states "The parking would be used as overflow parking only, and as gravel would be in keeping with the rural character of the area, staff supports this request." Please note that although this parking lot was approved by the county for gravel only it has already been fully paved, in anticipation of being used for more than merely overflow parking in the Phase 3 plan. If and when the new 3-story addition is built, it will eliminate a fair portion of the existing main parking lot, and the extra parking lot designated as "overflow" would become a main parking lot. Two of the parking lots are already directly adjacent to the backyards of neighbors. An increase in noise, fumes, and other disruptions in these areas is inevitable. It should be noted that vegetation screens simply do not cure this sort ofproblem. We understand that the county planners are looking at only the current plan and cannot consider the church's plans for future expansion. However we must look at the uses to which the structures will be put, and it seems clear one of the uses of the current construction is to create the basis for still further expansion ("Phase 4" in the church's plan, which in part involves relocating the minister's home onto Harmony Drive, building more parking lots with entrances on Harmony and more playing fields directly against the neighbor's house, and adding a bigger sanctuary). This will inevitably negatively impact traffic patterns up and down Garth Road, and affect residents both nearby and at quite a distance from the immediate area. While the county planners have the responsibihty to look only at the current "Phase 3" project which is before you, we in the community must look longer into the future. These are our homes and we need to anticipate living here years and decades more. Many of us also feel that we are stewards of the land and have a sacred obligation to care for the environment for future generations. Phase 4, which is even more disruptive to the surrounding neighborhood, is implicitly prepared for in Phase 3. The church has ambitions not only to grow the size of its congregation and ancillary activities, but to increase its school activities. They currently run a Wednesday afternoon daycare program, in violation of the special use permit SP2000-20. If this new building is approved, it will provide space for further school activities. It will be a simple matter to use the new spaces more and more during the week and in the future another "small" incremental increase in size will then seem natural. Build more space, invite more activities in, and then claim that the institution is overwhelmed with people desiring more space and more services, and within a few years we have a truly large institution that substantially changes the rural residential character of the surroundings. The church's activities affect their immediate neighbors in the Harmony subdivision, as well as neighbors on Garth Road and Owensville. Some of the neighbors including one who lives directly opposite the two playground areas, work from their home offices. The issue of peace and quiet in a rural residential neighborhood affects the livability of the homes, our ability to work in peace, our ability to be on our land and in the surrounding woods in peace. Once again, many of the impulses that inspire the church's ambitions are admirable, but they should not take place in this setting. We feel that the church has reached its limit 3 of growth at this particular site without causing real harm to the neighborhood. If the church continued to hold its traditional Sunday services in the present manner, and located some of its expanded activities on another site located in a suitable urban area, then those activities might be seen not as a disturbance but as a public service. Signatures from May 19, 2003 through May 25, 2003 - will be updated later Leslie J Blackhall Stephen Nachmanovitch 2415 Harmony Drive Robert L. Cumbia Amy C. Cumbia 2400 Shady Spring Dr Thomas Likowski Susan Likowski 2460 Harmony Dr Marci M. Slaughter D. French Slaughter III 2330 Owensville Rd Jeanne Marie Faulconer 2545 Garth Rd Alexis M. Pambianco Daniel Pambianco 2335 Cinnamon Ridge Betty L. Strickler 2415 Frog's Rock Lane David E. Haines Gail S. Haines 2495 Spring Brook Dr. Jane C. O'Brien William M O'Brien 2460 Shady Spring Dr Forbes Reback 3195 Millington Rd. John H. Birdsall Mary Scott B Birdsall 2755 Schelford Farm C. Wilson McNeely III Carter J. McNeely 3365 Morrowdale Farm 4 John Goodrich Michelle Goodrich 2350 Cinnamon Ridge Michael Mangrum Amy Mangrum 2450 Spring Brook Dr. John Frizzell ~11 Brenda I. Frizzell 2380 Spring Brook Dr. Mr. & Mrs. William B. Trevillian Jr. 2482 Schelford Farm Patricia A. Kabbash Thomas Hughson II! 2445 Shady Spring Dr. Winston Lung Katherine Lung 2360 Spring Brook Dr. Yong Kim Iryung Kim 2480 Spring Brook Dr, John Robert Hadley Susan R. Hadley 2355 Cinnamon Ridge 5 of growth at this particular site without causing real harm to the neighborhood. If the church continued to hold its traditional Sunday services in the present manner, and located some of its expanded activities on another site located in a suitable urban area, then those activities might be seen not as a disturbance but as a public service. 4 ... Concerned about Olivet Church expansion (cont'd) 5 of growth at this particular site without causing real harm to the neighborhood. If the church continued to hold its traditional Sunday services in the present manner, and located some of its expanded activities on another site located in a suitable urban area, then those activities might be seen not as a disturbance but as a public service. 4 To the planning commission Item # 84 Susan Likowski ?~ ............... ~ .... ~' .............. 2460 Harmony Dr. I MAY ~ , 2003 C~b~e~flle, VA 22901 ~ ....... We will be out of town on June 4 and want to make our thoughts known. We are concemed with the addition to Olivette church zoning change #82. The building is going to increase classroom size by 2 fold. The church, which we attend, is already congesting, traffic on the bend in Gm'th mad. We feel this is fine on Sundays but other days of the week there is a problem with day care, choir, scout meetings, and other special uses. The outdoor recreation area should only replace what is in use now (small playground behind parking lots. If the church is thinking about a larger ball field or basketball surface I feel they should invest in helping the county facilities (MeriWeather-Lewis school is less about I mile away). A church is not necessarily a comunity center. When the homes were built in this area of the county the church was a little chapel and I while I feel it is great that they have attracted many new members, a larger church will change the feel of Garth Road. We would like to see a moratorium on any additional enlargements of the church after rids addition. We would also like to be sure that the church remains only a church without special use permits for other community services (day care ect.). The road will not support much more activity at that bend in the road. Susan Likowski ATTACHMENT G Children's and Youth Mirristries Olivet Presbyterian Church 1. Church school classes. Sundays, 9:45-10:45 a.m. Offering Bible study and Christian nurturing for ages 3 through grade 12. Staffed by volunteers. No fee for participation. 2. Nursery. Sundays, 8:30 a.m.-Noon; 2"a and 4th Fridays during the school year, 9:30-11 a.m. Offering childcare and Christian nurturing for infants through age 2, whose parents are attending worship services or Bible studies. Staffed by one paid attendant plus volunteers. No fee for participation. 3. Worship Alive. Sundays, concurrent with the 8:30 and 11:00 worship services. Offering children's worship experience for kindergarten through grade 3. Staffed by Children's Ministry Coordinator plus volunteers. No fee for participation. 4. 3~5 GrOup. 3rd and 5th Sundays during the school year. 3-5 p.m. Offering Christian fellowship for grades 3-5. Activities include game day, movie day, and trips to go bowling, swimming, biking, and other recreation. Staffed by Children's Ministry Coordinator plus volunteers. No fee for participation, except when required by an off-site activity (i.e., participants pay their own bowling fees to the alley.) 5. Youth Groups. 1~t and 3rd Sundays during the school year. 5-7 p.m. Occasional activities at other times. Offering Christian fellowship for grades 6-12. Activities include dinner (provided by a volunteer), games, supervised outdoor recreation, Bible study, mission work, and exploration of faith. Staffed by Youth Ministry Coordinator and volunteers. No fee for participation, except when required by off-site activity. 6. Kids' Connection. Wednesdays, for a limited number of weeks during the school year. 2:30-5 p.m. Offering Bible study, music, snacks, and supervised outdoor recreation for age 4 through grade 5. Staffed by Children's Ministry Coordinator and volunteers. No fee for participation. 7. Vacation Bible School. One week during the summer. 9 a.m.-Noon. Offering Bible study, music, crafts, snacks, and recreation for age 3 through rising 6th grade. Staffed by volunteers. No fee for participation. Janet Webster, Coordinator of Children's and Youth Ministries, 295q367 -Bt Sunday Monday March S MTWT F S 2 $ ¢ 5 6 7 16 17 la t9 :20 2! 22 24 25 26 27 28 29 31 6 8-.~ AM Wm~li~C~lmln~ 9:.,i~ AM Sum School 9:.4S AM Worship - 11:0o AM Wentbip- Members 7 2:30 PM - 4:30 PM Girl Scouts #2066 Tuesday 6:30 PM - 8:00 PM Girl 8cout~-3046 7:00 PM Worship Committe~ Aped 2003 Monthly Planner 8 3'.~ PM Cm~-egafimml Care Me~in~ 6:~ PM ~o~ Commi~ 7:~ PM Ch~rck Suppo~ Wednesday T~, ursday 2 ~o rM Circle I- Mit~ 6:30 PM Mission/ MeCaul~ Evangelism 2:45 PM - 5:00 PM Committee Kid~~ Cofllleetinn 7:00 PM - S'-~0 PM Boy 7:00 PM Choir S~outs Troop 7 7:00 PM - 8.'~ PM Kerygma Bible Study 9 7:00 PM Cboir 7:00 PM - 8:30 PM Kerygma Bible Study i3 ti g Worship 9..4~ AM Wonl~ 7~ ~ C~ P~ S ~A Y P~m III C~ C~ 14 15 5:30 PM - 6.30 PM 6:00 PM Session Personnel Committee Meeting Meeting 6:30 PM - 8:00 PM Girt 16:30 PM - 7:30 PM Cub SCOuts-3046 Scouts, Den 6 7:30 PM - 8:30 PM Girl Scout Troop #3097 16 10:00 AM - 2:00 PM Piedmont Garden Clab 2:45 PM- 5:00 PM Kids' Connection 6:00 PM Church Supper- Guatema- la MTmsinn Trip Presentation 7:00 PM Choir 23 2:45 PM - 5:05 PM Kids' Conneetion 7.'~ PM Clmir 7:00 PM - 8:$0 PM Kerygma Bible Study 3O 2:45 PM - 5:0~ PM Kids'. Connc~-fian 2O 6:30 AM Easter Sunrkqe Service ~$0 AM Worship 9~ AM W~.I~ & lt.-BO Wor~l~p Servlcea Easter Sunday 2t 2:30 PM - 4:30 PM Gid Scouts #2066 22 7:00 PM - 9:00 PM Girt Scouts - Troop 874 29 27 28 8-~o AM Worahip i6:30 PM - 7:30 PM Cub I Salvation Army 9:~ A~s~.s~a~a ~ Scou~, ~ 6 ] Dinner 9:~ AM W~p & w~ ', 7:30 PM - 8:30 PM Girl } 12~ ~ ~p [ Sc~t Tr~p ~3097 7:~ PM T~e ~!~ · : ~bai Minion to 3 10 7:00 PM Christian Education Friday 7:00 AM Men's Breakfast 2:00 PM Circle Il - Church Saturday 5 8:30 AM Spring Clean-up/ Fix-up Workday 11:00 AM Fellowship Commifl~ Meetin~ 11 12 5:30 PM- 8:30 PM Parents N~ght Out 7:00 PM Choir 7:00 PM ~ 8:30 PM Kerygma Bible Study S MT WT F S I 2 3 4 5 6 7 8 9 lCI Il 12 I3 14 15 16 [7 18 19 20 21 ~ 23 24 26 27 28 29 30 31 24 25 26 2:00 PM - 4:1)0 PM Brow~e 19:~0 AM - I1,.0~ AM M~'s } 5:30 PM - 8~0 PM T~ 937 . 7:~ PM - g:30 PM Boy 2nO ~- 4:~ PM Ga J~ Pa~nm N~ght Out S~ Trap 7 T~ ~S2~- ~ ~ 6:30 PM Talk Soup Supper with Mission Commiaee & B~ Young P~t~l i,y C~I~&~ C~to~ PI.. o. 5/1/2003 and Mexico Mission Trip Pizza Delivery Fund-Raiser Good Friday 17i 18 19 7:00 PM Maunfiy 6:00 PM Senior-High 9:00 AM Easter Thin. day Communion Lock4n at Church E!~ Hunt Service 7:30 PM PERSPEC~VE ........ i AI'O I View of where proposed building expansion will be. The church provides two Sunday services for a congregation of 250 active members. The success of this church and its use as a meeting place for community groups has prompted this request for expansion. A copy of the church calendar (Attachment C) demonstrates the types of uses and activities provided by this facility. The parking area east of the church would be located on an existing drainage area pond. The pond would be filled and alternative drainage arrangements would be required. Petition: The petition is for approval of a special use permit, in accord with the provisions of Section 10.2.2.35 of the Zoning Ordinance, to expand an existing church for office and classroom uses; as well as additional parking, a waiver request for unpaved parking per Section 4.12.6.3 of the Zoning Ordinance, and an outdoor recreation area on approximately 9.25 acres of land situated just west of the intersection of SR 676 (Woodlands Road) and SR 614 (Garth Road) in the Owensville area. The property, described as Tax Map 43, Parcels 8, 8A, 8B, & 9B, is located in the Samuel Miller Magisterial District. The property is zoned RA (Rural Areas) and is designated for Rural Area uses in Rural Area 3 of the Comprehensive Plan. A Site Development Plan (SDP 00-051) has also been submitted with this request. Character of the Area: The area surrounding the church is rural agricultural and residential. The Harmony subdivision is adjacent to this site. A portion of the Moorman's River Agricultural Forestal District is located directly across the street (Route 614) from the church. RECOMMENDATION: Staff has reviewed the proposal for conformity with the Comprehensive Plan and the Zoning Ordinance and recommends approval of the special use permit with conditions and approval of the waiver request for parking lot paving. Planning and Zoning I-Iistorv: In order to provide some indication of development activities for rural area churches, a history of special use permit applications from 1990 through 1999 is attached for reference (Attachment D). As the Church predates the Zoning Ordinance, it is not operating with an approved special use permit. However, the proposed expansion of parking and building necessitates that the use is brought into compliance with the current Zoning Ordinance. Comprehensive Plan: The Comprehensive Plan land use designation for this site is Rural. Churches in rural area are viewed as supportive of the moral fiber of the community. Efforts related to the minimal cleating and offers of additional landscaping assist with mitigation of the impacts of the built environment on the rural character of the area. The property is located directly across the street from a portion 0fDistrict 7, Moorman's River Agricultural/Forestal District. Chapter Two of the Comprehensive Plan states that the County's agricultural lands and forests are among its most visible and treasured resources. The proposed expansion of the church building and parking area, while visible from the District, would not encroach into protected lands. In addition, as a transition from the proposed improvements and the Moorman's River District, a landscape area utilizing some landscape materials removed from the parking area would be installed between the District and the proposed parking area. STAFF COMMENT: Provisions of Section 31.2.4.1 of the Zoning Ordinance are addressed below: The Board of Supervisors hereby reserves unto itselfthe right to issue all ,special use permits permitted hereunder. Special use perm/ts 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_. In an effort to screen the parking areas from the adjacent neighbors to the east (TPM 43- 1 lA and 43-9) applicant has agreed to incorporate additional landscape screening materials between the existing and the proposed parking areas on the east side of the site and the adjacent parcel. These materials would include additional trees and shrubs determined suitable for fast growing screening coverage. A condition of approval has been offered to include this provision into the approval. The landscape materials would be subject to the approval by the Planning Director or designee. No nighttime outdoor play activities have been proposed. The play areas have been located in areas away from residences and would be unlighted. that the character of the district will not be changed thereby, Open space, agricultural uses and very low density residential uses characterize the rural area district. The church addition is not expected to change the character of the district. The church has been in existence for 120 years, according to the applicant. A portion of the existing church is a historic structure that has been surveyed by the Virginia Department of Historic Resources. An addition was later added to the original church. It is important that this addition be compatible with the architecture of the existing facility; therefore, a condition has been offered that would require elevations be submitted to the Planning and Community Development Department for review and approval prior to issuance of building permits for the building addition. and that such use will be in harmony with the purpose and intent of this ordinance, The Rural Area zoning district was created to establish a zone that provides for the preservation and protection of agricultural and forestal resources; provide for water supply protection; be an area of limited service delivery; and to conserve natural, scenic, and historic resources. The church is viewed as ause supportive of rural Albemarle County residents. A portion of the building is a historic structure and a condition of approval will ensure that the bui~ing addition would be compatible with the historic section. with the uses permitted by fight in the district, The proposed church expansion would not restrict the current uses or other by-right uses available on this site or by-right uses on any other property. with additional regulations provided in Section 5.0 of this ordinance, Section 5.0 of the Zoning Ordinance does not contain provisions governing churches. and with the public health, safety and general welfare. An analysis by VDOT staff of the proposed expansion has determined that:right turn tapers should be added to each entrance. In addition, a sign located at the western entrance should be moved back out of sight line and offthe public right-of-way. VDOT has requested that additional right-of-way be dedicated along a portion of Route 614 frontage with a prescriptive easement (Attachment E). The department further advised that any additional expansions may create a need for left tam lanes at entrances and access to Harmony Drive (Route 1080). Appropriate conditions are proposed to ensure safe access to and from the site. With the outdoor recreational uses limited to daylight hours only, with no lighting of the parking areas, and with the additional landscape screening, as described in the previous sections, the proposed expansion has been mitigated to address impacts on the adjacent neighborhoods. The impacts to the adjacent Moorman's River District would be limited, as there would not be any encroachment into the District. A provision for a transition landscape buffer between the proposed parking area and the District would limit visibility into the parking area. A condition has been offered to ensure that the building, expansion would be designed to be compatible with the historic portion of the 120 year old structure. As the original building has surveyed by the Virginia Department of Historic Resources, maintaining architectural integrity consistent with the original structure is an important objective. SUMMARY: Staff has identified the following factors, which are favorable to this request: The Land Use Plan suggests that churches are supportive to the rural areas in the County. 4 No detrimental impact is anticipated as a result of the parking and building expansion. The church has been functioning for 120 years. The proposed additions would be compatible with the historic section of the building. The landscape screening buffer between the parking lots and the adjacent residential would mitigate impacts of the parking area and the adjacent residential properties. The naturalized landscape screening buffer between the northwest parking area and driveway would assist with mitigation of the impacts on the rural character of the area and the adjacent Moorman's River Agricultural/Forestal District. PARKING LOT PAVING WAIVER- SECTION 4.12.6.3 OF THE ZONING ORDINANCE: Section 4.12. 6.3 requires that minimum improvements for parking areas be paved. However the Planning Commission may chose to reduce the required improvement under the following condition, as it applies to the application under consideration: for overflow parking~ provided in excess of the requirements of Section 4.12.6.6 for churches and other assembly uses where usage of such parking area is anticipated to be so infrequent as to not require ~eater improvement. The applicant has requested that the proposed parking area in the wooded northwest portion of the site be allowed to have an alternative paving material. The material requested is gravel. As the gravel would be less impervious than a solid surface, as the parking would be used as overflow parking only, and as the gravel would be more in keeping with the rural character of the area, staff supports this request. RECOMMENDED ACTION: Staff recommends APPROVAL of SP 00-020, subject to the following conditions: Church development shall be limited to the improvements as shown on the Site Plan dated April 17, 2000, and received by the Planning and Community Development Department on June 27, 2000. The length of time for which the church may begin construction shall be five years, provided ali Health Department requirements at the time of the issuance of building permits shall be satisfied. A minimum 30-foot wide landscape screening buffer shall be installed between the driveway/parking area on the northwest portion of the site and Garth Road. Landscape materials shall include materials removed from the parking area site. A final landscape plan and landscape materials shall be subject to approval by the Planning Director or designee. Prior to issuance of building permits, the Planning Director or designee shall determine consistency of the proposed building addition with the existing historic architecture. The new structure shall be designed and sited in harmony with the 8. 9. 10. 11. original structure, to minimize any negative impacts on the architectural integrity of the historic structure. A landscape screening buffer shall be installed along the east and south property lines adjacent to the existing and proposed parking areas. The landscape buffer shall consist ofboth trees and shrubs. The intent of the buffer shall be to completely screen the adjacent residential property from the asphalt parking areas; therefore, the.buffer materials shall be selected and installed to accomplish this effect within a maximum of three years from the approval of this special use permit for the existing parking area and a maximum of three years from the date of the installation of the proposed parking area within the existing detention pond. No parking lot lighting shall be installed in the proposed parking areas. Only walkway lighting with no more than 3,000 lumens to the parking areas shall be permitted to be installed. The walkway lighting shall be turned on only for nighttime services or meetings. No outdoor recreational/play activities shall be permitted after dark. Subject to the approval of the Virginia Department of Transportation the applicant shall install right turn tapers to each entrance. The sign located at the western entrance shall be moved back out of sight line and off the public right-of-way, prior to issuance of the Certificate of Occupancy. Clearing of trees for the parking area and driveway west of the church shall be kept at the minimum required for the improvements. Tree protection measures shall be employed in order to minimize damage to tree roots. Day care use shall be prohibited unless approved through a special use permit amendment. Staffrecommends APPROVAL of the request for a WAIVER of parking lot paving requirements set forth in Section 4.12.6.3 of the County of Albemarle Zoning Ordinance. ATTACHMENTS: A B C D E Existing Site Plan Proposed Site Plan and Landscape Plan Church Calendar Rural Area Church History VDOT Comments April 2000 Monthly Planner 2 8:30 AM *Worship- Commnnion 10:00 AM Sum School 3 2:30 PM Girl Scouts 4 6:30 PM - 8:00 PM Girl Scouts- 5 2:30 PM - 5:15 PM Kids' 6 9:00 AM Staff 7 7:00 AM Men's Breakfast 1 11:00 AM John T. Calhoun Memorial Daylight Savings Time Begins - Set Clocks Forward Tonight 8 8:30-3:00 PM ll:0O AM Worship- Communion 12:00 PM Cong. Meeting 6:00 PM - 7:30 PM Lenten Small Group Bible Study 9 8:$0 .&~5,~ Worship 10:00 AM Sun. School 11:00 A~M Worship 6:00 PM- 7:30 PM Lenten Small Group Bible Study 16 8:30 AM Worship 10:00 3aM Sun. School 11:00 A~I Worship 6:00 PM - 7:30 PM Lenten Small Group Bible Study 7:30 PM New Member Reception Palm Sunday 23 6:00 A~M Easter Sunrise Service 8:30 .AcM ~Vorship 10:00 .AaVl Sun. School 11:00 .AM Worship Easter Sunday One Great Hoar of Sharing 30 8:30 A~,! Worship 10:00 AM Sun. School ILl:00 .~M XVorship 12:00 PM Fellowship Hynm Sing Sunday Youth Sunday 10 2:30 PM Girl Scouts 6:30 PM - 7:30 PM Cub Scouts, Den 6 17 2:30 PM Girl Soouts 24 2:30 PM Girt Scouts 6:30 PM - 7:30 PM Cub Scouts, Den 6 3046 7:00 PM Worship Committee /! 6:00 PM Girl Scouts-874 6:30 PM Property. Committee 18 6:30 PM Session 6:30 PM - 8:00 PM Girl Scouts- 3046 25 6:00 PM Girl Scouts-87a Connection 7:00 PM Choir 12 1:00 PM C0ngre- gational Care Committee 2.~0 P,M - 5:15 P~vl Kids' Connection 7:00 PM Choir 19 7:00 PM Choir 26 7:00 PM Choir Meeting 6:00 PM Mission/ Evnngelism Cormnitl~e 6:30 PM Boy Scouts Troop 7 13 5:00 PM Church Support 6:30 PM Boy Scouts Troop 7 7:00 PM Christian Education 20 6:00 PM Family Night Supper 7:00 PM Maundy Thursday Com- munion Service 27 - 6:30 PMBov Scouts Troop 7 March S MT WT F S [ 2 3 4 5 6 7 8 9 10 11 12 13 I4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2:00 PM Circle I and II Meet in Fellowship Hall 7:00 PM Girl Soouts- 3008 14 21 7:00 PM Girt Scouts- 3008 . sPring Workday 15 Spring Workday Rain Date 28® May S MT WT F S J I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I8 I9 20 L 21 22 *3 24 25 26 27 28 Z9 30 31 22 11:00 AM Easter Egg Hunt 2:00 PM James Earhart Memorial Service Printed by Calendar Creator Plus on 4117/2000 SP- 00- 020 Olivet Presbyterian Church {Si~,ii #64 & 65) [=. Request for a special use permit, in accord with the provisions of Section 10.2.2.35 of the Zoning Ordinance, to expand an existing church for office and classroom use; as well as additional parking and an outdoor recreation area on approximately 9.25 acres of land situated just west of the intersection of SR 676 (Woodlands Road) and SR 614 (Garth Road) in the Owensville area. The property, described as Tax Map 43, Parcels 8, 8A, 8B, & 9B is located in the. Samuel Miller Magisterial District. The property is zoned RA (Rural Areas) and EC (Entrance Corridor Overlay District), and is designated for Rural Area uses in Rural Area 3 of the Comprehensive Plan. A Site Development Plan (SDP 00- 051) has also been submitted with this request. Ms. McDowell presented the staff report, including a Powerpoint presentation with pictures of the site taken by one of the county engineers. She explained that the church is asking for'a 2,400 square foot building ;expansion for office and classroom space, and also one additional parking area for 20 cars, and an unpaved parking area for 34 vehicles. Ms. McDowell said that the church's 11:00 am service has 139 people, and the sanctuary and balcony hold a total of 207 people. she said that the church is over 100 years old, with one addition, and the present application would bring it into conformance with the current Zoning Ordinance. Ms. McDowell said that in conjunction with the special use permit, the church has submitted a site development plan that has been reviewed concurrently with this application. She noted that the character of the area is rural, agricultural, and residential. Ms. McDowell presented views of the parking lots, highlighting the screening that would be needed to shield the expansion; she noted that some existing trees have died and not been replaced. Ms. McDowell mentioned that the applicant wants to fill an existing detention pond and put in a paved parking area, adding that one parking area would be used as a basketball/recreation area when not being used as a parking lot. Ms. McDowell indicated that the applicant has agreed to do additional landscaping along Garth Road, using new planting and planting taking when the parking lot is graded. She said that the applicant has agreed to supply additional landscaping along one edge of the property to buffer the parking from the residential, and has agreed to have the county design planner review the architecture for compatibility with the existing structure. Ms. McDowell noted that the Planning Department recommends approval w/th the elimination of Condition #8 regarding the entrance tapers, which have been deemed not necessary by engineering because of the Iow volume of traffic. DRAFT MNUTES Albemarle County Planning Commission - 7/11/00 Mr. Rooker asked if the split-mil fence shown was on the applicant'S property or the neighboring property. Ms. McDowell responded that she believes it's on the neighbor's side, but isn't sure. Mr. Rooker asked if it was necessary to replace the detention pond. Ms. McDowell replied that that would be handled with the site plan, and there has already been quite a lot of discussibn about the pond. Public comment was invited. Ms. Marcia Joseph, representing the church, addressed the Commission. She addressed concerns about the impact of the new parking area, emphasizing that there would be some transplanting of existing trees. She presented photographs of the area that illustrated the existing screening. Mr. Rooker asked about the split-rail fence. The applicant confirmed that it is on the neighboring property. Ms. Joseph discussed the planned drainage arrangement, indicating that the applicant had worked it out with David Hirschmann and Steve Snell. She noted that they are still in the concept stage, and have not yet submitted calculations for the drainage. Ms. Joseph confirmed that all of the stormwater and drainage would be handled on site. Ms. Joseph presented photographs showing existing vegetation, noting that they also plan to plant Leyland cypress 12 feet on center. She said that they are creating a flat area for recreation, and are hoping to "balance the site" in terms of clearing and topsoil, etc. Ms. Joseph added that they plan to plant flowering trees so that the asphalt is not so noticeable. Ms. Jane O'Brien, an adjacent landowner, addressed the Commission. She explained that there is a creek that rtms behind her subdivision - Harmony Subdivision - and continues into the Rivarma River. Ms. O'Brien asked if the church's drainage field would impact the creek in any way. Mr. Rooker responded that the Commission is not addressing the on-site drainage at this time. Mr. Benish, Mr. Loewenstein, and Mr. Finley indicated that that would be addressed at the site plan level. Mr. Albert Pinette addressed the Commission, noting that the Olivet facility was just one room until the 1940's. He emphasized that the church needs expanded and updated facilities to enable the church to sustain its mission. Mr. Pinette thanked the Planning Commission and staff for their work on the plan. DRAFT MNUTES Albemarle Count), Planning Commission - 7/11/00 Ms. Sue Likowski addressed the Commission. She said that she is a Harmony resident, and also a church member. Ms. Likowski expressed her disappointment that the blue spruces removed during the last addition had not been replaced, and asked that any trees removed or killed this time would be replaced. Mr. Rooker asked Mr. Benish what the requirement is on replacing trees. Mr. Benish replied that it would be part of a landscape plan, adding that there is no time limit on the replacement requirement if the trees die later. Mr. Loewenstein mentioned that there were only three days out of the last 30 that the church was not in use. He noted that there seems to be considerable use outside of Sunday services. Mr. Rooker commented that the traffic generated from other uses - such as scout meetings, etc. - would be minimal compared to Sunday service traffic. He emphasized that those other uses are community service type uses. Mr. Craddock asked if the community could use the basketball area. Mr. Pinette responded that the community can use the basketball court and playground. He said that the new play area would be asphalt. MOTION: Mr. Rooker moved for approval of SP 00-20, subject to the following conditions: o Church development shall be limited to the improvements as shown on the Site Plan dated April 17, 2000, and received by the Planning and Community Development Department on June 27, 2000. The length of time for which the church may begin construction shall be five years, provided all Health Department requirements at the time of the issuance of building permits shall be satisfied. A minimum '3 0-foot wide landscape screening buffer shall be installed between the driveway/parking area on the northwest portion of the site and Garth Road. Landscape materials shall include materials removed from the parking area site. A final landscape plan and landscape materials shall be subject to approval by the Planning Director or designee. Prior to issuance of building permits, the Planning Director or designee shall determine consistency of the proposed building addition with the existing historic architecture. The new structure shall be designed and sited in harmony with the original structure, to minimize any negative impacts on the architectural integrity of the historic structure. A landscape screening buffer shall be installed along the east and south property lines adjacent to the existing and proposed parking areas. The landscape buffer shall consist of both trees and shrubs. The intent of the buffer shall be to completely screen the adjacent residential property from the asphalt parking areas; therefore, the buffer materials shall be selected and installed to accomplish this effect within a maximum of three years from the approval of this special use permit for the existing parking area and a maximum of three DRAFT MNUTES Albemarle County Planning Commission - 7/11/00 o I0. years from the date of the installation of the proposed parking area within the existing detention pond. No parking lot lighting shall be installed in the proposed parking areas. Only walkway lighting with no more than 3,000 lumens to the parking areas shall be permitted to be installed. The walkway lighting shall be turned on only for nighttime services or meetings. No outdoor recreational/play activities shall be permitted after dark. The sign located at the western entrance shall be moved back out of sight line and off the public right-of-way, prior to issuance of the Certificate of Occupancy. Clearing of trees for the parking area and driveway west of the church shall be kept at the minimum required for the improvements, as determined by Planning staff. Tree protection measures approved by Planning staffshall be employed in order to minimize damage to tree roots. Day care use shall be prohibited unless approved through a special use permit amendment. Mr. Rieley seconded the motion, which passed unanimously. MOTION:' Mr. Rieley moved, Mr. Rooker seconded approval of the request for a waiver of parking lot paving requirements set forth in Section 4.12.6.3 of the County of Albemarle Zoning Ordinance. The motion passed unanimously. ATTACHMENT J MEMORANDUM TO: FROM: SUBJECT: DATE: Steven Biel, Planner Jan Sprinlde, Chief of Zoning Administration SP 2003-018, Olivet Presbyterian Church 05/20/03 This department has recently received complaints regarding the existing activity level and possible violations at this church. We are currendy researching the site and scheduling a field inspection to investigate the one remaining possible violation. This memo explains our findings to date. Olivet Church has a program called "Kids Cormection." This children's program is an after school activity that includes time for homework, Bible Discovery and both indoor and outdoor recreation. It m scheduled from 2:30 p.m. until 5 p.m. once a week, on Wednesday. It was suggested that this activity constituted a day care in violation of the conditions of SP 2000-020. Although the zoning ordinance definition of day care does not include a number of days, ir is my opinion that this 2-1/2 hour activity once a week, for children after school, does not constitute a day care center. Children's activities are customarily incidental to a church, just as Boy and Girl Scout troop meetings, various twelve-step meetings and other community activities such as neighborhood association meetings. Therefore, we find no violation related to the Kids Connection. The church's parking lot closest to Harmony Drive was the second issue raised. During the review of SP 2000-020, ir was noted that this lot would be for overflow use only, and a waiver was granted so that it could have a gravel surface on part of the lot, rather than a paved surface. The portion of the lot that was intended to be paved also included two basketball goals. Since that approval, the parking lot has been completely paved and the basketball goals were installed. Unfortunately, noise from both cars being parked and people playing basketball is bothersome to some neighbors. We have investigated this and find that there is no requirement for the parking lot to remain gravel and that the recreation area was approved for that use. Again, we find no violation. The final issue was lighting. The only outdoor lightpole is in front of the church approximately 20 feet from the right-of-way of Garth Road. The light from this pole glazes into adjoining properties during the months when the deciduous vegetation has dropped its leaves. A zoning inspector will investigate to determine what lighting regulations apply to this site and ff there are any violations. Since the church was there long before the zoning ordinance, the light may be nonconforming. If we find any violations, we will work with the church to try to abate the violations and to "be a good neighbor." A simple shield added to the existing light may mitigate the problem and satisfy the neighbors. -1- PHILIP A, SHUCET COMMISSIONER COMMONWEALTH o[ VIRGIN A DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND, VIRGINIA 23219-2000 ATTACHMENT K June 4, 2003 Juandiego Wade Albemarle County Planning Department 401 Mclntire Road Charlottesville, Va 22902 Dear Mr. Wade: As per your request of June 3, 2003, regarding crash statistics on Route 614 between Route 676 and Route 839. I have enclosed a computer-generated summary that will provide you the information needed to complete your study. The study periods covers January 01, 1995 through December 31, 2002. If I can be of further assistance, I can be reached @ (804) 225-3681. Sincerely, Brenda Andrews-Carter Engineer Technician VirginiaDOT. org WE KEEP VIRGINIA MOVING JUN o o ~ o o o I 1 ~lO000000 ~1~00000 0~0 ~(~0 O0 I I 0~-I O0 0~0 ~--I0 I I (".1 I H I I I I O0 O0 OCO O0 O0 00000 O0 0 O0 0 O0 O0 00000 O0 0 ~0 0 O~ ~ 0~00~ O~ 0 O0 0 O0 O0 00000 00~0 O0 0 O0 ~ ~0~0 ~0 0 O~ 0 O0 O0 00000 O0 0 O0 0 O0 O0 00000 O0 0 O0 0 O0 O0 00000 O0 0 O0 0 ~00~00~00~0000000~0 0000000000~000000~0000 O0 O~ 00000 O0 0 O0 0 ~~~00~~~ 0000000000000000000000 O0 O0 00000 O0 0 O0 0 O0 O0 0000~ ~ ~ ~ ~ 0 IO I11 I'1tl IIIIII Illl ti 000000000000000000000000 000000000000000000000000 0 (3 q~ -H -,H ,"H 0.) q-~ c~-~ O0 0 o ~ o ~ o ~Z ~ o °~ I I I I I I I I I I I I I 0 I 0 0 C:,O0 0 0 000 0 I 0 O 0 0 00000000000000~000000000 0 0~~~0~~~0~ 0000000000~~~~ IIIIlil'l IlIIIIlllllllll 000000000000000000000000 000000000000000000000'000 0000000000~~~~ COUNTY OF ALBEMARLE Departmeqt of Planning & Community Development 401 Mc[ntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 June 10, 2003 Marcia Joseph 481 Clarks Tract Keswick, VA 22947 RE: SP-03-18 Olivet Presbyterian Church Amendment (Sign #82 & 86) Tax Map 43, Parcel 8 Dear Mr. Myers: The Albemarle County Planning Commission, at its meeting on June 3, 2003, by a vote of 6:0, recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1. The church's improvements and the scale and location of the improvements shall be developed in general accord with the site plan entitled, "Olivet Presbyterian Church Special Permit Amendment and Major Site Plan Amendment." prepared by Joseph Associates, and dated February 24, 2003 and revised May 9~ 2003. 2. The area of assembly shall be limited to a maximum 192-seat sanctuary. 3. Commercial setback standards, as set forth in Section 21.7.2 of the Albemarle Zoning Ordinance, shall be maintained adjacent to residential uses or residentially zoned properties (including RA zoned property). 4. There shall be no day care or private school on the site without approval of a separate special use permit. 5. Health Department approval of well and/or septic systems shall be required prior to the issuance of a building permit. No parking lot lighting shall be installed in the parking areas. Only walkway lighting to the parking areas, with no more than three thousand (3,000) lumens, shall be permitted to be installed. The walkway lighting shall be turned on only for nighttime services or meetings. 7. No outdoor recreational/play activities shall be permitted after dark. 8. The outdoor light will be brought into compliance with the existing lighting ordinance. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on July 9, 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. Sincerely, Steven Biel Planner SB/jcf Cc: .~a Carey Jack Kelsey Matt Grimes Amelia McCulley Steve Allshouse Olivet Presbyterian Church COUNTY OF ALBEMARLE Departmeqt of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 ~ 5823 Fax (434) 972 - 4012 05-~8-03 May 16, 2003 Marcia Joseph 481 Clarks Tract Keswick, VA 22947 RE: SP 2003-018 Olivet Presbyterian Church Amendment Tax Map 43, Parcel 8 Dear Ms. Joseph: This letter is to notify you that your above-referenced petition, has been scheduled for public hearings as follows: ALBEMARLE COUNTY PLANNING COMMISSION TUESDAY, JUNE 3, 2003 ALBEMARLE COUNTY BOARD OF SUPERVISORS WEDNESDAY, JULY 9, 2003 The Planning Commission meeting will be held at 6:00 p.m., and the Board of Supervisors meeting will be held at 6:00 p.m., Meeting Room #241, Second Floor, County Office Building, 401 Mclntire Road, Charlottesville, Virginia. You will receive a copy of the staff report and tentative agenda one week prior to the Planning Commission meeting. YOU OR YOUR REPRESENTATIVE MUST BE PRESENT AT BOTH OF THESE MEETINGS. At least fifteen (15) days preceding the commission's public hearing, the zoning administrator or designee shall erect on the property, subject to the above-referenced application(s), a sign or signs indicating the property is to be subject to public hearing and referencing how to obtain additional information regarding such hearing. The sign shall be erected within .ten (t0) feet of whatever boundary line of such land abuts a public road and shall be so placed as to be clearly visible from the road. If more than one such road abuts the property, then a above for each such abutting road. If no erected in the same manner as above abutting land not owned by the applicant. sign shall be erected in the same manner as public road abuts thereon, then signs shall be on at least two boundaries of the property The filing of the petition or application shall Marcia Joseph - Olivet Presbyterian Church Page 2 May 16, 2003 be deemed to grant consent to the zoning administrator or designee to enter upon the property and to erect the signs. Upon a finding by the board of supervisors that failure to comply with the posting requirements of this section has denied the public reasonable notice of the public hearing, the board may defer action on the petition or application until reasonable notice by posting is given. The applicant shall exercise due diligence to protect the sign or signs erected pursuant to section 33.8 from vandalism and theft; maintain the sign or.signs in the location or locations in an erect position as placed by the zoning administrator or designee; and ensure that such sign or signs .remain legible. Failure to comply with-these responsibilities may. be grounds for the commission or the board of supervisors to defer action on the petitiort or application until there is reasonable compliance. Any sign erected pursuant to section 33.8 shall remain the property of the board of supervisors. It shall be unlawful for any person, except the applicant performing maintenance required by this section or the zoning administrator or an authorized agent of either, to remove or tamper with any sign erected pursuant to section 33.8. All such signs shall be removed by the zoning administrator or designee within fifteen (15) days following the board of supervisors final action on the petition or application or the applicant's withdrawal of the petition or application. Should you have any questions regarding the procedure for posting of signs, please do not hesitate to contact the Zoning Administrator. Sincerely, Steven Biel Planner SB/blb cc.vE-ff~a ~Carey Amelia McCulley Jack Kelsey Olivet Presbyterian Church ALBEMARLE COUNTY 2A WmT£ HALL SA SP 2003-018 Olivet // 44 5 59 W'H~TE HALL, SAMUEL MILLER AND oACF JOU£TT DISTRCT~ /1121A 38 33D 308 .1 19G(I) SECTION 43 Looking east on Garth Road at the Ingleside subdivision entrance. Ingleside Drive is a private road. Looking east on Garth Road at the Rustling Oaks subdivision entrance. Rustling Oaks Drive ~s a private road. Looking east on Garth Road at the Wind River subdivision entrance. Wind River Road is a public road. Looking east on Garth Road at the Olivet Presbyterian Church entrance. Entrance to Harmony subdivision (Harmony Drive and Garth Road). Harmony Drive is a public road. Looking east on Garth Road from the Hunt Country subdivision entrance. Hunt Country Lane is a public road. ~5/03/2016 03:40 FAX BRUCE 17 WARDELL [~002 PAGE 05 BASEMENT FLOOR PLAN OLIVET PRESBYTERIAN CHURCH RECEIVED AT BOS MEETING Olerk's Initial~: . ~ SK-04 05/03/2016 03:4,1_ FAX ~7t0912003 15:31 804-971-7168 BRUCE R W~RDEL, L lb"-'lO" l~004 PAGE [33 II ~ ffi L-IZI_Z_._JI u tJ4 -"-' J FIRST FLOOR P~N "' ': OLIVET PReSBYTeRIAN CHURCH SK-02 05/03/2016 03' 41 FAX BRUCE R ~4~RDELL P.P~GE B2 SITE P~N .,...~, ~: ~ ~u~ ~ OLIVET PRESB~ERIAN CHURCH SK-01 OLIVET PRESBYTERIAN CHURCH 2575 Garth Road Charlottesville, VA 22901. June 26,2003 Board of Supervisors County of Albemarle 401 Mclntire Road Ch arlottesville, VA 22901 RE: SP-03-10 Olivet Presbyterian Church Dear Board Member: The Planning Commission, at its meeting on June 3, 2003, by a vote of 6:0 recommended approval of our special use permit with eight conditions that are acceptable to us. On June 19, 2003 I received an email, which is attached, from Sally Thomas stating her intent to add one condition and modify three of the 8 conditions. I appreciate her thoughtfulness in taking the time to let us know her intent prior to the meeting. Since she will be out of town until July 8, 2003, it became necessary for us to present our opposition to the proposed new conditions by letter to the Board. The following is our response to the stated intent to add or modify the conditions. The changes are in bold: A. Condition 4 with amendment: "There shall be no day care or private school on the site. The present Kid's Connection or similar program shall not be expanded beyond the present maximum of 60 children, one afternoon a week during the school year, ending at 5 p.m." This condition would limit our mid-week children's Bible and music ministry to one day a week. While this condition would not constrain this ministry as it has existed over the last four years, it concerns us that we would not be able to consider alternative or additional formats, days and times to minister to children based on the availability of adult leaders and the schedule of the children who might like to participate. It should be noted that the current formal program ends at 5:00 pm and most participants leave shortly after that, but parents are sometimes later than that picking up their children. B. 6 (New number) from staff report was amended by Planning Commission to require shielding existing light fixtures. I don't have the wording, but I would keep it as PI Cmm adopted it. Replace staffs second sentence with "Lighting of walkways shall be limited to no more than 3,000 lumens and fixtures no taller than 24"." (This is the type of lighting that is ideal for making walkways safe while not creating light pollution or glare, in any case, and should work well in this situation. I note that no lighting at all is shown on site plan that I have, so if none has been planned then this condition could be removed and none would be built.) Board of Supervisors SP-03-10 Olivet Presbyterian Church June 26, 2003 Page 2 Although we do not have walkway lights on the current plan our intent is to provide them along the driveways leading to our parking lots at a later date. A taller light post would serve us better in this case because it would be visible by the driver of a car and less likely to get damaged by snow removal equipment, mowing and other maintenance operations. C. 7. (New Number) from staff report: instead of the ambiguous "after dark", pin a specific time. I propose, "No outdoor recreational/play activities shall be permitted after 5 p.m." Amelia McCulley said that a specific time is far easier for enforcement. This condition is the most devastating to our current programs since it would restrict any outdoor activity from occurring after 5:00 p.m. Middle and High Schools are not dismissed from school until 4:00 p.m. thus, it would negatively impact most Christian fellowship and Scouting programs for youth in our community above 5th grade in school. Other programs and meetings would also be impacted, such as our Family night suppers, committee meetings, etc. Children of church members often go outside and play at the end or during these activities. Examples of solutions other agencies use to restrict use: · All county parks have a posted closing time as dark. · The County Code concerning noise, section 4.18.02 defines "daytime "as the hours beginning at 7:00 a.m. and ending at 10:00 p.m. · The Virginia Department of Game and Inland fisheries uses one-half hour before sunrise to one half hour after sunset to determine "daytime". Sunrise and sunset times are readily available from many sources including the news paper. Closing down our outside activities at 5:00 p.m. is unacceptable to us. D. Add one more condition: "No outdoor sound amplification shall be permitted." Graveside funeral services often use portable PA~systems and occasionally recorded music. A portable CD player has been used outside for church activities and games occasionally. We feel that the current noise Ordinance should protect our neighbors without completely restricting our occasional use of amplification. It is interesting to note that noise from animals (barking dogs etc.), Church bells or chimes, firearms, fireworks, are exempt sounds, but children playing is not. I would once again like to thank Mrs. Thomas for stating her intent to modify the conditions and not surprising us at the meeting. We would respectfully request that the Board accept the recommendation of the Planning Commission and approve our special use permit as presented. If you have any questions, please free to contact me at home at 823-5711 or through the church at 295-1367. Sincerely, Al Reaser Building Committee Al Reaser From: Sent: To: Cc: Subject: Sally Thomas Thursday, June 19, 2003 6:20 PM Wayne Cilimberg; Al Reaser Marcia Joseph; Larry Davis; 'Stephen Nachmanovitch' Olivet Church SP Al and Wayne, trying to play the mediator is probably a way to get thoroughly disliked by everyone, but this is what I'd like to propose to allow the new Special Use Permit and yet address neighbor and community concerns about the growing impact. Largely, I've taken the application at its word that increasing impacts are not intended, but also recognize that the three-story building is a significant increase in what is on the site, and that questions of how large becomes too large are legitimately asked at this stage. Such a large addition (nearly doubling sq. footage of present building, by my own rough estimate) pushes at the boundaries of appropriateness and leads to concerns. Al, feel free to share this -- you are simply the contact I knew how to reach. I didn't want to take anyone by surprise and I'll be gone June 21 to JUly 8. I spoke with Janet Webster about Kid's Connection and learned that 60 is the historic maximum for the Kid Connection. Recommended action: approve SP 2003-018 subject to the following conditions: 1,2, 3 as in the staff report 4 with amendment: "There shall be no day care or private school on the site. The present Kid's Connection or similar program shall not be expanded beyond the present maximum of 60 children, one afternoon a week during the school year, ending at 5 p.m." 5 as in staff report. 6 & 7 removed, as per Planning Commission action (so no discussion of facade, with my confidence that previous attention to the historic proportions will continue to be g~ven to this building since the first addition was splendidly done. Planning Cm'ers concern was that facade-treatment conditions overstepped special use authority.) 8 from staff report was amended by Planning Commission to require shielding existing light fixtures. I don't have the wording, but I would keep it as PI Cmm adopted it. Replace staff's second sentence with "Lighting of walkways shall be limited to no more than 3,000 lumens and fixtures no taller than 24"." (This is the type of lighting that is ideal for making walkways safe while not creating light pollution or glare, in any case, and should work well in this situation. I note that no lighting at all is shown on site plan that I have, so if none has been planned then this condition could be removed and none would be built.) 9 from staff report: instead of the ambiguous "after dark", pin a specific tim e. I propose "No outdoor recreational/play activities shall be permitted after 5 p.m." Amelia McCulley said that a specific time is far easier for enforcement. Add one more condition: "No outdoor sound amplification shall be permitted." These are not presented as some sort of bargaining points, i.e. more extreme so that they can be reduced, but rather as my analysis of how to allow the expansion and yet allay concerns. All of this is subject to being shaped by the public hearing and comments received, of course. The precise wording is also subject to staff suggestions if there is unintended awkwardness. But at this time I hope this will work for everyone involved. Sally Thomas OLIVET PRESBYTERIAN CHURCH 2575 Garth Road Charlottesville, VA 22901 June 26,2003 Board of Supervisors County of Albemarle 401 Mclntire Road Charlottesville, VA 22901 RE: SP-03-10 Olivet Presbyterian Church Dear Board Member: The paving of the gravel portion of the parking lot closest to Harmony Drive was discussed by the Planning Commission, after the public hearing was closed. I thought it would be beneficial for us to provide a summary of events to clarify this issue, which I have listed below: The parking lot was designed with a water quality swale and minimum slope to accommodate the basketball court and accommodate paving of the gravel area at a later date, if we desired. · A waiver was granted to allow us to leave a large portion of the parking lot as gravel, because of its infrequent use. · After paving the east lot, the paving contractor used up his excess material and mistakenly paved part of the gravel lot. · The pavement either needed to be removed from the gravel lot or the entire lot paved to ensure proper drainage. · Rather than removing the pavement, the contractor gave us a substantial price reduction for paving the entire lot and I checked with Planning and Zoning to make sure that paving this area was not a problem. Neither department had any objection. · The minister and I met with our new neighbor, who is closest to the parking lot in question, and explained our plans. We also discussed the parking lot and a possible change in location of the basketball court. Since the entire parking lot was now paved, it would be safer for the children if the court could be moved to the south end of the lot, out of the driveway entrance. He did not want this to occur, so we agreed to leave it in the same general location on the north side of the lot. · A minor site plan amendment was submitted and approved, showing the additional paving and other small changes that were necessary during construction. · Zoning investigated this matter and found no violation. Thank you for allowing us the opportunity to clarify this matter. If you have any questions please feel free to contact me at home on 823-5711 or through the church at 295-1367. A1 Reaser Building Committee COUNTY OF ALBEMARLE Departmcqt of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 June 11,2003 CHESLER, DAVID L DUDLEY, THOMAS d OR STEPHANIE B FUTTY, JOHN R OR LAURA M HELVIN, STEPHEN H & FRANCES A LAMBERT, LAWRENCE W MOORE, JANE TARLETON SMITH TR THE JANE TARLETON SMITH MOORE REV D/T PHILLIPS, RAYMOND R OR JANE B ~PORTER, HERSHALL MALCOLM OR WlLMA SUE WALLER PORTER SHANOR, KAREN IRENE SLAUGHTER, EDWARD R JR OR ANNE L ~>WINGFIELD; JOHN RICHARD 111 OR BETTY R RE: Review_of the Ivy Creek Agricultural/Forestal District Ladies and Gentlemen: This letter is to notify you, as a property owner in the Ivy Creek Agricultural/Forestal District, that the Albemarle County Planning Commission, at its meeting on June 3, 2003, unanimously recommended continuation of the Ivy Creek Agricultural/Forestal District for a term of ten years. The Albemarle County Board of Supervisors will hold a public hearing and make a final decision on July 9, 2003, 6:00 p.m., Meeting Room #241, Second Floor, County Office Building. If you should have any questions or comments regarding the above-noted action, please do not hesitate to contact me. Sincerely, Planner SC/jcf Cc: Ella Carey STAFF CONTACT: ADVISORY COMMITTEE: PLANNING COMMISSION: BOARD OF SUPERVISORS: Scott Clark April 28~ 2003 June 3, 2003 July 9, 2003 - REVIEW OF IVY CREEK AGRICULTURALfFORESTAL DISTRICT Procedure: In conducting a review, the Board shall ask for the recommendations of the local Advisory Committee and the Planning Commission in order to determine whether to terminate, modify, or continue the district. The Board may stipulate conditions to continue the district and may establish a period before the next review of the district, which may be different from the conditions or period estabhshed when the district was created. Any such different conditions or period must be described in a notice to landowners in the district, and published in a newspaper at least two weeks prior to adoption of the ordinance continuing the district. Unless the district is modified or terminated by the Board of SUpervisors, the district shall continue as originally constituted, with the same conditions and period before the next review (10 years) as were established when the district was created. When each district is reviewed, land within the district may be withdrawn at the owner's discretion by filing a written notice with the Board of Supervisors at any time before the Board acts to continue, modify, or terminate the district. Purpose: The purpose of an agricultural/forestal district is "to conserve and protect and to encourage the development and improvement of the Commonwealth's agricultural/forestal lands for the production of food and other agricultural and forestal products..." and "to conserve and protect agricultural and forestal lands as valued natural and ecological resources which provide essential open space for clean air sheds, watershed protection, wildlife habitat, as well as for aesthetic purposes." Effects of a District: The proposed district provides a community benefit by conserving and protecting farmlands and forest; environmental resources such as watersheds, air quality, open space, and wildlife habitat; and scenic and historic resources. The State Code stipulates that the landowner receive certain tax benefits*, and restrictions on public utilities and government action (such as land acquisition and local nuisance laws) to protect the agricultural/forestal use of the land. In exchange, the landowner agrees not to develop the property to a "more intensive use" during the specified number of years the district is in effect. *Since Albemarle County currently permits all four categories of use value assessment, a district designation may not provide any additional real estate tax deductions. Land in a district is protected from special utility assessments or taxes. The State Code stipulates that, "Local ordinances, comprehensive plans, land use planning decisions, administrative decisions and procedures affecting parcels of land adjacent to any district shall take into account the existence of such district and the purposes of this chapter." The district may have no effect on adjacent development by right, but could restrict proposed · Tax Map 44 Parcel 21I, is not included in the code description. It was created as a permissible subdivision from Tax Map 44 Parcel 21, and the land remained in the District. This parcel will be removed from the District and need not be added to the Code. Tax Map 44 Parcel 21 should also be removed from the Code. · Tax Map 45 Parcel 4C was created by family division from Tax Map 44 Parcel 21 in 1998 and remained in the District. This parcel should be added to the list in the Code. · Tax Map 45 Parcel 3C should be removed from the Code. Time Period: The District is currently on a 7-year review cycle. Recent County policy has been to extend Districts to a I0-year review schedule (the maximum); staff will recommend the same extension in this case. Members of the District have been notified of this change. Agricultural and Forestal Significance: 176 acres are enrolled in the Agriculture category of the use-value taxation program, and 159.012 acres are enrolled in the Forestry category. Significant Land Not in Agricultural/Forestal Production: The majority of the District appears to .be in forest or open agricultural lands. Land Use other than Agriculture and Forestry: The District includes four acres of residential uses that do not qualify for use-value taxation. Local Development Patterns and Needs: The area has a mix of subdivision lots and moderate- to large- sized farm and forest parcels. Comprehensive Plan and Zoning Regulations: The Ivy Creek District is located within the Rural Area of the Comprehensive Plan and all of the included parcels are zoned RA, Rural Areas. The nearest Development Area to this District is Neighborhood One, located 0.8 miles southeast of the District. The Open Space Plan shows this area to have important farmlands, major stream valleys, and a public water impoundment. FloodPlains and critical slopes occur throughout the area. Environmental Benefits: Conservation of this area maintains the environmental integrity of the County and aids in the protection of ground and surface water, wildlife habitat, critical slopes, the historic landScape, and open space. Staff Recommendation: The withdrawal of the Wingfield property means that the central portion of this District will no longer be included. However, given that this District protects agricultural land, a pubhc water-supply impoundment, and other valuable resources, staff recommends renewal of the Ivy Creek District (minus the requested Wingfield and Helm withdrawals) for a ten-year period. On April 28, 2003, the Agricultural and Forestal Districts Advisory Committee voted unanimously to continue the Ivy Creek district for a 10-year period. COUNTY OF ALBEMARLE Departmeqt of Planning & Community Development 401 Mc[ntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 -4012 65-18-03 May 16, 2003 James Myers 923 Gardens BLVD Charlottesville, VA 22901 RE: SP 2003-017. Four Seasons School Amendment - Tax Map 6tX2, Parcel 4B ZMA 2003-01 Four Seasons ACAC Amendment - Tax Map 61X2, Parcels 4A, 4B & 4D Dear Mr. Myers: This letter is to notify you that your above-referenced petition, has been scheduled for public heJdngs as follows: ALBEMARLE COUNTY PLANNING COMMISSION TUESDAY, JUNE 3, 2003 ALBEMARLE COUNTY BOARD OF SUPERVISORS WEDNESDAY, JULY 9, 2003 The Planning Commission meeting will be held at 6:00 p.m., and the Board of Supervisors meeting will be held at 6:00 p.m., Meeting Room #241, Second Floor, County Office Building, 401 Mclntire Road, Charlottesville, Virginia. You will receive a copy of the staff report and tentative agenda one week prior to the Planning Commission meeting. YOU OR YOUR REPRESENTATIVE MUST BE PRESENT AT BOTH OF THESE MEETINGS. At least fifteen (15) days preceding the commission's public hearing, the zoning administrator or designee shall erect on the property, subject to the above-referenced application(s), a sign or signs indicating the property is to be subject to public hearing and referencing how to obtain additional information regarding such hearing. The sign shall be erected within ten (10) feet of whatever boundary line of such land abuts a public road and shall be so placed as to be clearly visible from the road. tf more than one such road abuts the property, then a sign shall be erected in the same manner as above for each such abutting road. If no public road abuts thereon, then signs shall be erected in the same manner as above on at least two boundaries of the property abusing land not owned by the applicant. The filing of the petition or application shall dames Myers Page 2 May 16, 2003 be deemed to grant consent to the zoning administrator or designee to enter upon the property and to erect the signs. Upon a finding by the board of supervisors that failure to comply with the posting requirements of this section has denied the public reasonable notice of the public hearing, the board may defer action on the petition or application until reasonable notice by posting is given. The applicant shall exercise due diligence to protect the sign or signs erected pursuant to section 33.8 from vandalism and theft; maintain the sign or signs in the location or locations in an erect position as placed by the zoning administrator or designee; and ensure that such sign or signs remain legible. Failure to comply with these responsibilities may be grounds for the commission or the board of supervisors to defer action on the petition or application until there is reasonable compliance. Any sign erected pQrsuant to section 33.8 shall remain the property of the board of supervisors. It shall be unlawful for any person, except the applicant performing maintenance required by this section or the zoning administrator or an authorized agent of either, to remove or tamper with any sign erected pursuant to section 33,8. All such signs shall be removed by the zoning administrator or designee within fifteen (15) days following the board of supervisors final action on the petition or application or the applicant's withdrawal of the petition or application. Should you have any questions regarding the procedure for posting of signs, please do not hesitate to contact the Zoning Administrator. Sincerely, Susan E. Thomas, ACIP Senior Planner SET/bib cc:~-El~a Carey Amelia McCulley Jack Kelsey Four Seasons of Virginia, LLC ALBEMARLE COUNTY SP FOUR SEASONS SECTION 61XI (~l)~:~e ,"r~,dd~ line) ~'WESTPARK PLAZA CONDOS" 61×1-28 I - 925 ~.003-017 Four Seasons School Amendment SP 2003-001 Four Seasons Proffer Amendmem .SECTION 61X2_ (below midcile tirte) ./ RIO DISTRICT ,o0 SECTION 61XI 8~ 61X2 COUNTY OF ALBEMARLE Dcpartmcqt of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - $823 Fax (434) 972 - 4012 June 10, 2003 James Myers 923 Gardens Blvd Charlottesville, VA 22901 RE: ZMA-2003-001 Four Seasons ACAC Amendment (Sign #63, 64, 65) Tax Map 61X2, Parcels 4A, 4B and 4D Dear Mr. Myers: The Albemarle County Planning Commission, at its meeting on June 3, 2003, by a vote of 6:0, recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the attached proffers signed by Phi~ G. Wendel, President, dated July 9, 2003 Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on July 9, 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. Sincerely, Susan Thomas, AICP Senior Planner ST/jcl Cc: EllaCarey Jack Kelsey Matt Grimes Amelia McCutley Steve Atlshouse Four Seasons of Virginia, LLC Original Proffer 98-04 Amended Proffer (Amendmem # 1D PROFFER FORM Date: July 9, 2003 ZMA 2003-001 Tax Map and Parcel Number(s): 061X1-00-00-004A0, 061X1-00-00-004B0, and 061X1-00-00.- 004D0 7.979 Acres to be rezoned from PUD Commercial/Service to PUD Commercial/Service Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby ~voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned. These conditions are proffered as a part of the requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning request. 1. Within this commercial/service area, only the following uses shall be permitted by right: a) Pursuant to subsection 22.2.1 of Section 22.2, C-1 Commercial zoning district, of the Albemarle County Zoning Ordinance, as those regulations exist on July 9, 2003, as set forth below: Section 22.2.1 numbers (b)l; (b)8; (b)t2; (b)13; (b)17; (b)lS; (b)lg; (b)24; and, (b)26; b) Pursuant to subsection 23.2.1 of Section 23.2. C-O Commercial zoning district, of the Albemarle County Zoning Ordinance, as those regulations exist on July 9, 2003, as set forth below: Section 23.2.1 numbers I; 2; 5; 7; 8; 9; 12; and, 13. Where permitted uses under the Zoning Ordinance have been further rhodified, such modifications are indicated in italics and bold font. Uses which are not permitted have been indicated by strikethrough. 22.2. 1 BY RIGHT The following uses shall be permitted in any C-1 district subject to the requiremems and limitations of these regulations. The zoning administrator, after consultation with the director of planning and other appropriate officials, may permit as a use by right, a use not specifically permitted; provided that such use shall be similar to uses permitted by right in general character and more specifically, similar in terms of locational requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as generally provided in section 34.0. bo The following services and public establishments: 1. Administrative, professional offices--The primary business of any office use shall be either recreation or education. 2 8. He~ ~. 12. Libr~es, musems. 13. N~sefies, day c~e cente~ (reference 5.1.06). 17. 18. 19. 20. Electric, gas, oil and communication facilkies excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. (Amended 5-2-93). Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or mink lines treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended t 1- 1-9) ~ ~ Temporary construction uses (reference 5.1.1). 24. Indoor athletic facilities. (Added 9-15-93) 26. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10-9-02) 23.2.1 BY RIGHT The following uses shall be permitted in any CO district, subject to the requirements and limitations of these regulations: 1. Administrative and business offices--The primary business of any office use shall be either recreation or education. ~.,,;o~t wThe primary business of 2. Professional offices, :~t,,.~: any office use shall be either recreation or education. 5. Libraries, museums. 4 '8. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the. Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pump'mg stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) 9. Temporary construction uses (reference 5.1.18). 11'. 12. Day care, child care or nursery facility (reference 5.1.6). (Added 9-9-92) 13. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10-9-01) Four Seasons of Virginia LLC: June 10, 2003 COUNTY OF ALBEMARLE Department of Planning & Community Development 401 Mclntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 James Myers 923 Gardens Blvd Charlottesville, VA 22901 RE: ZMA-2003-001 Four Seasons ACAC Amendment (Sign ~63, 64, 65) Tax Map 61X2, Parcels 4A, 4B and 4D Dear Mr, Myers: The Albemarle County Planning Commission, at its meeting on June 3, 2003, by a vote of 6:0, recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the attached proffers signed by Phi~ G. Wendel, President, dated July 9, 2003 Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on July 9, 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. Sincerely, Susan Thomas, AICP Senior Planner ST/jcf Cc: Ella Carey Jack Kelsey Ma~ Grimes Amelia McCulley Steve AIIshouse Four Seasons of Vi~gi'nia, LLC Original Proffer 98-04 Amended Proffer (Amendment # 1_3 PROFFER FORM Date: July 9, 2003 ZMA 2003-001 Tax Map and Parcel Number(s): 061X 1-00-00-004A0, 061XI-00-00-004B0, and 061X1,00-00- 004D0 7,979 Acres to be rezoned from PUD COmmercial/Service to PUD. Commercial/Service Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby Voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned. These conditions are proffered as a part of the requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning request. Within this commercial/service area, only the following uses shall be permitted by right: a) Pursuant to subsection 22.2.1 of Section 22.2. C-1 Commercial zoning district, of the Albemarle County Zoning Ordinance, as those regulations exist on July 9, 2003, as set forth below: Section 22.2.1 numbers (b)l; (b)8; (b)I2; (b)13; (b)17; (b)lS; (b)lg; (b)24; and, (b)26; b) Pursuant to subsection 23.2.1 of Section 23.2. C-O Commercial zoning district, of the Albemarle County Zoning Ordinance, as those regulations exist on July 9, 2003. as set forth below: Section 23.2.1 numbers 1; 2; 5; 7; 8; 9; 12; and, 13. Where permitted uses under the Zoning Ordinance have been further rfiodified, such modifications are indicated in italics and bold font. Uses which are not permitted have been indicated by strikethrough. 22.2. 1 BY RIGHT The following uses shall be permitted in any C-1 district subject to the requirements and limitations of these regulations. The zoning administrator, after consultation with the director of planning and other appropriate officials, may permit as a use by right, a use not specifically permitted; provided that such use shall be similar to uses permitted by right in general character and more specifically, similar in terms of locational requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning adminisamofs decision shall be as generally provided in section 34.0. bo The follo~ng se~ices ~d public establis~enm: 1. A~iffismtive, profession~ offices~The prima~ b~iness of any office ~e shall be either recreation or education. 2 8. Health spas. 12. Libraries, museums. 13. Nurseries, day care centers (reference 5.1.06). 15 Tailor 17. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. (Amended 5-2,93). 18. Public uses and buildings including temporary, or mobile facilities such as schools. offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1. t 2). (Amended I 1- l-9) ' -' 19. Temporary construction uses (reference 5.1.1 ).. 24. Indoor athletic facilities. (Added 9-15-93) 26. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10-9-02) 23.2.1 BY RIGI~ The following uses shall be permitted in any CO district, subject to the requirements and limitations of these regulations: 1. Administrative and business offices---The primary business of any office use shall be either recreation or education. Professional offices. ;,~1,,~; .... ~:~ ~*~ ~ :~'~ ~The primary business of any office use shall be either recreation or education. 5. Libraries, museums. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivarma Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended I 1-1-89) 9. Temporary construction uses (reference 5.1.18). 12. Day care, child care or nursery facility (reference 5.1.6). (Added 9-9-92) 13. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10-9-01) Four Seasons of Virginia LLC: h]lip G endel, Pres]dent STAFF PERSON: PLANNING COMMISSION DATE: BOARD OF SUPERVISORS DATE: SUSAN THOMAS, AICP JUNE 3, 2003 JULY 9, 2003 ZMA 2003-001 FOUR SEASONS ACAC AMENDMENT Applicant's Proposal: The applicant is seeking to amend existing proffers to allow office use within the former ACAC Facility in the Four Seasons Development (see Attachment A, B and C). If approved, the Soccer Organization of Charlottesville Albemarle will move its offices to the facility, where it already conducts training programs. In a previous re-zoning to allow expansion of the recreational use, the applicant proffered out the office use that it now wants to re-instate. Petition for Amendment to Existing Proffers: Request to amend existing proffers for a PUD Planned Unit Development district on 7.979 acres, to allow office use in an existing facility. The property, described as Tax Map 61X2 Parcels 4A, 4B, and 4D, is located in the Rio Magisterial District on Four Seasons Drive (Route 1456) approximately 1/2 mile south of the intersection of Four Seasons Drive and Rio Road West (Route 631). The Comprehensive Plan designates this property as Urban Density Residential (6.01 - 34 dwelling units per acre) Neighborhood One. Character- of the,, Area: The site is located within the Four Seasons development, which includes patio homes, townhomes and apartments. The existing building in which office use is requested was formerly the Atlantic Coast Athletic Club (ACAC) fitness club. The Charlottesville Waldorf Early Childhood Education Center currently occupies the facility, but will be moving out this summer. A separate and concurrent special use permit (SP 2003-017) has been requested to allow on- going use of a portion of the facility 'as a school. The tennis courts and pool surround the building, which are still operated by ACAC. There is a regional stormwater management pond located nearby. Armlicant's Justification for the, Request: SOCA (Soccer Organization of Charlottesville Albemarle) wants to relocate its administrative offices to the Four Seasons ACAC facility. It currently holds certain training activities on the field there, while it rents office space off Greenbrier Drive. Locating its offices adjacent to the field it already uses would improve programming and transportation. On-site, SOCA could better coordinate it~ programs with the ACAC Adventure Central after-school and summer youth program operating at the facility. Past experience with recreational programs of a much more intensive nature on this site indicates that the site and neighborhood can accommodate the use. Recommendation: Staff believes that the proposed use is appropriate for the site, and that it meets a public need in the urban area. It is considerably leSs intensive than the large school or commercial fitness club that previously operated in this location, and those operated without negative impacts to immediate neighbors, or general public. Staff.recommends approval, with proffers. Zonin_~ and Subdivision History: The original rezoning for the Four Seasons Development was approved in 1969. The clubhouse was constructed in 1975. Two special use permits, SP 80-23 and SP 81-31, were approved for a day care at this site, with a maximum enrollment of 175 children. The approval for the day care has expired. In 1984, the owner filed a rezoning application (ZMA 84,09) for condominiums and townhomes. The Planning Commission denied the project and the petition was withdrawn prior to public hearing by the Board. In 1985, another rezoning application (ZMA 85-I5) was submitted. It requested permission to expand the clubhouse by 25,500 square feet to allow for the recreational facilities in place today. This space eventually became the.ACAC facility. After ACAC moved to Albemarle Square, the vacant building was converted into the Charlottesville Catholic School. A rezoning application (ZMA 98-04) was approved in May 1998 to allow for day-care by-right and private schools by special use permit. The rezoning also contained proffers which restricted the commercial (C-I) and commercial offices (C-O) activities permitted (see Attachment C). The special use permit (SP 98-01) that accompanied ZMA 98-04 included conditions limiting enrollment to 180 students, operating hours to 7:30 a.m. to 6:00 p.m., and sunsetting the school use after June 30, 2001. SP 00-10, approved May 5, 2000, increased the enrollment to 220 students. SP 2001-09, approved June 20, 2001, allowed an early childhood education center operated by the Crossroads Waldorf School, with a maximum enrollment of 85 students. This rezoning request, if approved, would allow office use in the facility. A separate but concurrent special permit amendment request seeks to allow on-going school use in the facility, in the name of Four Seasons of Virginia LLC. Comprehensive Plan: The Comprehensive Plan does not directly address the Four Seasons Development or this facility in its recommendations. The area is designated by the Plan as Urban Density Residential. The Land Use Designations section of the Land Use Plan, includes the following description under - Urban Density Residential: "Urban Density Residential areas are intended to accommodate all dwelling types as well as institutional uses such as places of worship, public and private schools, and early childhood education center including day care centers and preschools (p. 25)." It further states: "It is anticipated that Urban Density Residential areas will accommodate areas of non-residential land uses on the scale of Neighborhood Service and Office Service as defined later in this chapter (p. 26)." The Neighborhood Model Twelve principles of development are set forth in the Neighborhood Model. A staff analysis of the manner in which this development proposal addresses each principle is included below. Pedestrian Orientation - The ACAC/Four Seasons facility uses draw both from the local neighborhood and areas beyond it, and thus site development has resulted in extensive parking capacity and few formal pedestrian improvements. With completion of the current County sidewalk project on the west side of Four Seasons Drive, pedestrian activity can be expected to increase. With the special permit amendment request for on-going school use, staff is recommending that an interior pedestrian path be constructed from the public road to the pool and school buildings, as a condition of approval. Currently pedestrians walk in the parking lot travel way. The office use would benefit from the existence of an interior pedestrian path. Neighborhood Friendly Streets and Paths - No new road connections are required or requested, since the office use would occur in an existing facility. Interconnected Streets and Transportation Networks - The site is approaching full build-out, and is surrounded by existing homes and streets. Public bus service is available close to the site, on Four Seasons Drive. The rezoning proposes nothing that will detract from the transportation network; separating pedestrians from vehicles via a sidewalk near the buildings would improve overall circulation and safety (special permit recommended condition of approval). Staff believes that otherwise leaving the site in its current form is appropriate. Parks and Open Space - The high level of development on the site leaves little opportunity for formal dedication of parks and open space. However, the recreational resources on the site function as a kind of privatepark and are valuable to the neighborhood and the community as a whole, particularly because of the accessibility to densely developed neighborhoods and thus a large population. Neighborhood Centers - The Four Comers ACAC recreational facility has become a small neighborhood center over the years, as it has transformed itself from a private club for the Four Seasons PUD into a recreational resource for the community. The addition of the school, use has also contributed to its functioning as a center, as would the office use. In particular, SOCA may benefit from the embedded location of the facility within a dense and diversified neighborhood.. Buildings and Spaces of Human Scale- No exterior improvements to the facility are proposed under this application. Thus, there is no possibility, at this time, to improve the orientation of the project, to the main road rtmning through the development. Relegated Parking - Because no changes to the exterior of the facility are proposed, parking will remain as presently configured. The shape and embedded location of the property help to relegate parking relative to Four Seasons Drive and some of the neighborhood, although parking is quite exposed for those living west and north of the property. Mixture of Uses - When added to education and recreation, the office use represents a mixture of uses at the facility scale; it also creates a more diversified mixture within the neighborhood. Mixture of Housing Types and Affordability - No housing is proposed with this request. A variety of housing types and affordability already exist within a close radius to the site. Redevelopment - The ACAC/Four Seasons facility has undergone extensive changes and evolution over the course of its existence, as its owners have adapted to changing conditions and responded to new business and cultural opportunities. In staff's opinion, the intensive use of this site is a positive model for the urban area, and takes advantage of nearby demographics, population centers, transportation systems, and emerging needs within the larger community. In staff's opinion, this is a good redevelopment/enhancement opportunity. Site Planning'that Respects Terrain - Since the applicant is not altering the exterior of the complex, no environmental, open space, etc. impacts are envisioned. The office use is clearly an interior use. Clear Boundaries with the Rural Areas - The parcel is located well within the Development Area boundary; and therefore, keeping a clear boundary is not a criterion for assessment. 3 Analysis of the Rezonin.q Request Relationship between the application and the purpose and intent of the requested zoning district The applicant is requesting an amendment to the existing proffers to allow (re-instate) office use in a PUD, Planned Unit Development district. The intent of the PUD district as stated in 20.1 of the Zoning Ordinance is as follows: "PUD districts may hereafter be established by amendment to the zoning map in accordance with the provisions set forth generally for planned development districts in sections 8.0 and 33.0 and with densities and uses in locations in accordance with recommendations of the comprehensive plan. As described by the comprehensive plan, PUD districts are intended to serve as neighborhoods or mini-neighborhoods within designated communities and the urban area. Additionally, PUD districts may be appropriate where the establishment of a "new village" or the nucleus of a future community exists and where the PUD development would not preclude achievement of the county's objectives for the urban area, communities and villages. In order to encourage the community function, appropriate commercial and industrial uses are provided in addition to a variety of residential uses. It is intended that commercial and industrial development be limited to a scale appropriate to the support of the residential uses within the PUD; provided that additional commercial and industrial activity may be permitted upon a finding that the area in which the PUD is to be located is not adequately served by such use. It is intended that these regulations provide flexibility in residential development by providing for a mix of residential uses with appropriate nonresidential uses, alternative forms of housing, flexibility in internal relationships of design elements and, in appropriate cases, increases in gross residential densities over that provided in conventional districts." The applicant's proposal is consistent with the intent of the district as stated in the Zoning Ordinance. It is limited in scale, and supports the other uses in the Four Seasons AC_AC complex as well as the adjacent residential uses. The office use contributes to the services offered in the "new village" created by the Four Seasons PUD. The applicant's agreement through the recommended proffer to limit the primary business of the office use to recreation and/or education helps to avoid furore conflicts between office and the dominant activities on the site. Anticipated impact on public facilities and services ROADS No adverse impact to roads is anticipated from this zoning map amendment. Site traffic has been greatly reduced from its high during the tenure of the Catholic School at the site, and probably fi.om the years of ACAC. Office use would allow a new kind of occupant in the building, but does not significantly alter the nature or impacts of the primary activities on site. ACAC and the school use both involve some level of office activities already. With SOCA as a tenant, traffic may fluctuate, increasing noticeably but briefly during registration periods in the spring and fall. With close access to Four Seasons Drive and ample parking, this increase is not anticipated to be problematic. 4 WATER AND SEWER No building alterations are planned in conjunction with the office use. The steadily diminishing recreational use at the site has reduced water and sewer usage substantially, and thus no impacts to water or sewer capacity are anticipated from this rezoning. STORMWATER MANAGEMENT There are existing stormwater facilities on this site. No increase in stormwater generation is expected, since the office use does not involve new construction. SCHOOLS The office use will not impact schools. FISCAL IMPACT A fiscal impact analysis has not been requested, due to the fact that no new development is being requested n or is the requested use a significant departure from existing use of the site. Anticipated impact on cultural and historic resources No impact is expected on cultural or historic resources. Anticipated impact on nearby and surrounding properties There have been office functions associated with both the operation of the schools and the health club in the Four Seasons ACAC facility. No significant impacts are expected from allowing it as a permitted use in the existing facility. As previously noted, with SOCA as a tenant there will be busier periods during certain seasons. Public need and justification for the change Allowing the office use gives the Four Seasons ACAC facility flexibility to meet current and future needs within the area, and improves functionality. The immediate neighborhood and larger community both benefit from using existing resources in a better manner. Summary Staff has identified the following factors favorable to this rezoning request: 1. The Four Seasons ACAC has been used for different purposes over a period of nearly thirty years, with varying degrees of intensity. Although this rezoning petition, if approved, would introduce a new use (office), that use has been a component of the educational and recreational uses on the site in the past without negative impacts to the site or adjacent residential area. 2. As this portion of Albemarle County further urbanizes, it will become increasing important to fully utilize the built environment, allowing more intensive and creative mixes of activities and uses. This rezoning demonstrates that it can be done successfully. 3. The applicant is willing to proffer that the office use will reflect.the primary business of the facility, that of education and/or recreation. This proffer helps to avoid a situation where the office use overly stresses the capacity of the site and facility. 4. The Four Seasons neighborhood, and the surrounding areas within Urban Neighborhood One, exhibit some of the highest residential density within Albemarle County. The current County sidewalk project will help to make the neighborhood more walkable. SOCA is a well-established community organization whose member families may be able to access its programs and services without using an automobile in this location. Staff has not identified factors unfavorable to this request. Recommended Action Staff recommends approval of ZMA 2003-001, with proffers restricting the primary business of the office use to education or recreation (see Attachment D). Attachments: A - Vicinity Map B - Area Map C - Applicant's Justification D - Proposed proffers 6 AL.3EMARL= C, CUNT¥ ATTACHMENT A CITY OF P~HARLOTTESVlLLE SP 2003-017 -- ZMA 2003-001 -- FOUR SEASONS ACAC JACK JOUETT, RIVANNA AND RI 0 DISTRIC'rS SECTION 61 Comity of Albemarle ':° Department of Building Code and Zoning Services · ZMA# ~'~ -<Z'.~/ TMP_~ ~ ~ X ~-- - ~ 0 "'-'ATTACHMENT ~ ~ '-' C ~ Applicafion for Zoning_ -d -ejtt-¢o Fz,~.. .$ ~a.a~,~_s - AC. AC Project Name (how ~s~ouM we refer to? spplkltion?) · ExisfingZoning r'~D (~m ~v¢~ Proposed Zoning ~b ~;,~ (*stuff will assist you with ~ item) Number of acres to be rezoned (ir ~ perUon it must be delineated on pat) '7. ~f 7 ~ Is this an amendment to an existing Planned District? ~ Yes · ~'qo Is ~ an amenament to existing proffers? -" a~Yes c3 No Are you submitting a preliminary site development plan with this application? ~3 Yes adNo Are you submitting a preliminary subdivision plat with this application? c~ Yes ~No Are you proffering a plan with this application? ~ Yes ~qo Applicant CWho ~ ~ co=~ p~o. ~p~uns? Who i, Address ~'~ City tDaytime Phone ( ) Fax # 1 State E-mail ./ Zip Physical Address(ifassis~t) .9. ~P~:~ ~'~ ~',~_.~ Ca:~q~. D r ,t.~. . Location of p.roperty (landmarl~ in~rsemons, or other) Does the owner of this property own (or have any ownership interest in) any abutdng property? If yes, please list those tax o~'~cE use ONIA/ Fec amount $ c~c~¢J' History:. (Under 50 Acres= $1020 50 acres or more = $1570 Q Special Use Permits: ~- ~.r, ~- , ,~ 401 Mclntire Road -:- Concurrent review of Site Development Plan? Charlottesville, VA 22902 DatePald .,~--/.,.~--///2.~ Check# /¢/(~ Receipt# /5~;~~'~ By: ~"-~ Minor amendment to previous request = $220) O ZMAs and Proffers: ~ __ _ of utho o . ,Q Yes Q No o:o Voice: 296-5832 -:- Fax: 9724126 / Describe your request in detail including why you ar~ requesting this particular zoning disu'~ct? ATTACHMENTS REQUIRED - Provide two(2) copies of each: . Recorded plat or boundary survey of the property requested for the rezomng. If them 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 rezoning for a portion of the property, it needs tO be described or delineated on a copy of the plat or surveyed drawing. Ownership information - If ownership of the property is in the name of any type of legal entity or organization including, but not limited to, the name of a corporation, partnership or association, or in the name of a trust, or in a fictitious name, a document acceptable to the County must be submitted certifying that the person signing below has the authority to do so. If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the owner's written consent to the application. If the applicant is the agent of the owner, a document acceptable to the County must be submitted that is evidence of the existence and scope of the agency. OPTIONAL ATTACHMENTS: Drawings or conceptual plans, if any. Proffer Form signed by the owner(s). 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 Signature Date Printed Name Daytime phone number of Signatory Attachment 1 Application for Zoning Map Amendment Modify Proffers for ZMA 98-04 Background: In 1998 parcels 061X2-00-00-00600, 061X1-00-00-004A0, 061X2-00-00~004B0 and 061X2.~00-00-004D0 were rezoned as PUD Commercial Services. At that time we elected to reduce our by dght uses from the total of 53 in Sections 22.2.1 and 23.2.1 to 12. Purpose for Re-zoninq: In October 2002, SOCA (Soccer Organization of Charlottesville Albemarle) approached ACAC about the possibility conducting joint mining sessions with SOCA and ACAC members. The idea made a lot of sense as did enhancing the relationship between the two organizations to include renting space to them for their corporate offices. We would like to change our zoning to allow us to rent our space as commercial office space. AdditiOnal Information: Our Four Seasons property has public water and sewer. There will be no impact on the County's natural, scenic and historic resources. SOCA Data and Estimates: 1. Current number of staff is 6. 2. Current number of vehicles is 7 (6 belonging to staff plus one company vehicle) 3. Hours of Operation a. Monday Closed b. Tuesday 11:30 a.m. to 6:30 p.m. c. Wednesday 12 noon to 4:00 p.m. d. Thursday 10:00 a.m. to4:00 p.m. e. Friday 10:00 a.m. to 4:00 p.m. 4. Estimated additional staff need in five years: 2.5 5. Estimated additional square footage needed for additional staff 1500 6. Estimated total visits to corporate offices per year 5,57~9 average duration 10 minutes [( ATTACHMENT D Original Proffer 98-04 Amended Proffer (Amendment # 1) PROFFER FORM Date: July 9, 2003 ZMA 2003-001 Tax Map and Parcel Number(s): 061X1-00-00-004A0, 06 IX1-00-00-004B0, and 061X1-00-00- 004D0 7.979 Acres to be rezoned from PUD Commercial/Service to PUD Commercial/Service Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned. These conditions are proffered as a part of the requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning request. 1. Within this commercial/service area, only the following uses shall be permitted by right: Pursuant to subsection 22.2.1 of Section 22.2, C-1 Commercial zoning district, of the Albemarle County Zoning Ordinance, as those regulations exist on July 9, 2003, as set forth below: Section 22.2.1 numbers (b)l; (b)8; (b)12; (b)13; (b)17; (b)lS; (b)lg; Co)24; and, (b)26; b) Pursuant to subsection 23.2.1 of Section 23.2, C-O Commercial zoning district, of the Albemarle County Zoning Ordinance, as those regulations exist on July 9, 2003, as set forth below: Section 23~2.1 numbers 1; 2; 5; 7; 8; 9; 12; and, 13. Where permitted uses under the Zoning Ordinance have been further modified, such modifications are indicated in italics and bold font. Uses which are not permitted have been indicated by strikethrough. 22.2. I BY RIGHT The following uses shall be permitted in any c-i district subject to the requirements and hmitations of these regulations. The zoning administrator, after consultation with the director of planning and other appropriate officials, may permit as a use by right, a use not specifically permitted; provided that such use shall be similar to uses permitted by right in general character and more specifically, similar in terms of locational requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as generally provided in section 34.0. The following services and public establishments: 1. Administrative, professional offices The primary business of any office use shall be either recreation or education. "~ .... , "'-'"",f:,'"~, ..... , ......... ,1'-' ........',, .......... ---. · 2 8. Health spas. O T-r,A ~^~ +1~ ~-~ ........... ~ ............................ ~n at aP 12. Libr~es, musems. 13. N~s~es, day care centers (reference 5.1.06). 17. Elects, ga, oil ~d co~cation facilities excluding tower s~c~es ~d ~olud~g poles, l~es, ~sfo~ers, pipes, meters ~d related facilities for ~s~bution of local se~ce ~d o~ed ~d operated by a public utiliW. Water dis~bution ~d sewerage collection l~es, p~p~g statio~ and app~en~oes o~ed ~d operated by the A]bem~le Cowry 8e~ce Auto,ry. (~ended 5-2-93). 18. Pubic uses ~d buil~ngs Jncl~g t~por~ or mobile facilities such as schools, of~ces, parks, play~o~ds and roads ~ded, o~ed or oPerat~ by l~al, state or - federal ag~oies (reference 31.2.5); publi~ water ad sewer ~mission, ma~ or ~ lines ~ent faoili~s, p~ping stations ~d ~e like, o~ed ~or operated by ~e ~v~a Water ~d Sewer Autho~ty (reference 31.2.5; 5.1.12). (~md~d 11- ]-9) 19. T~por~ cons~tion uses (reference 5.1.1). 24. ~door athletic facilities. (Added 9-15-93) 26. Sto~water ~agemem facilities shown on ~ approved final site pl~ or subdivision plat. (Added 10-9-02) 23.2.1 BY ~G~T The following uses sh~l be pemi~ed in ~y CO ~sffict, subject to ~e req~rements' ~d Iimitafio~ of ~ese re~lafions: 1. A~i~s~ative ~d bus.ess offices~The prima~ business of any office use shall be either recreation or education. 2. Professional offices, :~-~: .... ~:~ ~-*~ ~-~ ~*:~ ~The prima~ business of any office use shall be either recreation or education. 5. Libr~es, musems. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or mink lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (3anended 11-1-89) 9. Temporary construction uses (reference 5.1.18). 12. Day care, child care or nursery facility (reference 5.1.6). (Added 9-9-92) 13. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10-9-01) Signatures o fAll Owners Printed Names of All Owners Date OR Signature of Attorney-in-Fact (Attach Proper Power of Attorney) Printed Name of Attorney-in~Fact COUNTY OF ALBEMARLE Departmerlt of Planning & Community Development 401 Mc[nfire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 July 2, 2003 Kenneth Matheny 2797 Kacey Lane Affon, VA 22920 RE: SP-2003-028 Matheny Well Drilling; Tax Map 84, Parcel 14(E)2 Dear Mr. Matheny: The Albemarle County Planning Commission, at its meeting on June 24, 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. There shall be no outdoor storage permitted except for the 5' X 21' outdoor storage area for piping as shown on the sketch plan in Attachment A. 2. The home occupation shall have no more than ten (10) visits per week. 3. No more than four (4) vehicles associated with the home occupation shall be parked on the site at any given time (one drill rig, one service truck, and two pickup trucks). 4. Hours for the home operation shall be Monday through Friday, 6:00 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 July 9, 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. Sincerely, Steven Biel Planner SB/jcf Amelia McC~ley Jack Ketsey S~ve Allshouse STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: Steven Biel June 24, 2003 July 9, 2003 SP 2003-028 Matheny Well Drillin.q Applicant's Proposal: The applicant is requesting approval of a special use permit for a Home Occupation, Class B to allow for a well drilling business (Attachment A). The business consists of four vehicles (2 pickup trucks, 1 rig, and 1 service truck). The applicant also has two employees, of which one is the applicant's father who lives next door to the applicant's property. The drill rig and service truck normally move from work site to work site and would rarely be stored on the a'pplicant's property. One of the pickup trucks is used by an employee who takes the vehicle home at night and on weekends. The other pickup truck also serves as the applicant's personal vehicle. Normal hours of operation are Monday through Friday, 8:00 a.m. to 4:00 p.m. The applicant has built a 24' x 32' garage that would be used for business and personal storage. The applicant is also planning to construct an additional 12' x 32' covered storage area to the back of the garage as shown on the sketch plan in Attachment A. With the additional covered area, the total square footage for storage would be 1,152 square feet. Also shown on the sketch plan is a 5' x 21' outdoor storage area, which would be used to store 21-foot long piping. The applicant has requested a waiver (Attachment E) to Section 5.2.2.1(b) for the outdoor storage of the piping, as shown on the sketch plan in Attachment A. This section specifies that there shall be no change in the outside appearance of the buildings or premises, or other visible evidence of the home occupation. The pipe could not be easily stored in the garage; therefore, the applicant has requested a waiver to allow the outdoor storage of the pipe. Also, an additional waiver (Attachment F) to Section 5.2.2.1 (a) is being requested to allow for more than 25% of area devoted to the home occupation in relation to the main residence to be permitted. The sketch plan in Attachment A shows that the garage is 768 square feet, the covered storage area is 384 square feet, and the outdoor pipe storage area is 105 square feet. Real estate records indicate the house is 2,302 square feet. Therefore, it appears that the area devoted to the home occupation is 54% of the area of the house. Since this exceeds 25% of the floor area of the house, the applicant is requesting the waiver. Petitions: Request for special use permit to allow a well drilling business 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 84, Parcel 14E2, contains 2.586 acres, and is zoned PA, Rural Areas. The proposal is located on Kacey Lane, approximately 700 feet northwest from the intersection of Kacey Lane and Craigs Store Road (Route 635), in the Samuel Miller Magisterial District (Attachment B). The Comprehensive Plan designates this property as Rural Areas in Rural Area 3. Character of the Area: The surrounding area can be described as consisting of scattered residential lots within wooded areas and open fields (Attachment C). The applicant's property is located at the end of a dead-end private road (Kasey Lane). The adjoining properties are all owned by family members. Matheny Well Drilling.doc 6/17/03 Planning and Zoning History: The applicant's property was part of a family subdivision that was approved in 1988. The applicant's father lives in the family division on Kasey Lane and was-approved for a Home Occupation, Class A for one drill rig to be stored on the property'in 1991. The applicant has recently taken over the business from his father. Comprehensive 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 2003-028 with conditions. STAFF COMMENT: Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance: The Board of Supervisors hereby reserves unto itself the right to issue all speCial use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adiacent 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 10 trips per week to the site that would be associated with the well drilling business. All the residences on the paved access road to the applicant's property (Kasey Lane) are family members. that the character of the district will not be changed thereby, The site is surrounded by wooded areas and large-lot residential parcels. The applicant would be providing a service that is specifically utilized in rural areas; The outdoor storage area would not be visible from adjacent properties, only from the applicant's property. 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 right in the district, This use would not prevent by-right use of the adjacent properties. with additional requlations provided in Section 5.0 of this ordinance, Home occupation permits are.governed by Section 5.2.2 of the Zoning Ordinance (Attachment G). The applicant has requested waivers to Sections 5,2.2~1(a) and Matheny Well Drilling.doc 2 6/17/0 3 5.2.2.1(b). Staff believes the applicant has met the intent of Section 5.2.2 and recommends approval of the requested waivers, as discussed at the end of this report. 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 Virginia Department of Transportation (VDOT) would require the existing road entrance be improved to a 30' commercial entrance, The Department of Engineering visited the site and recommends approval of the special use permit without the entrance improvement. Planning staff concurs that the entrance does not need to be upgraded to a 30' commercial entrance. The 14'-road meets private road standards and has been well maintained (Attachment D). Section 5.2~21(d) states that no traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood. The Department of Building Code and Zoning Services considers seven visits per week to meet this standard for a Home Occupation, Class A. The applicant could potentially have ten visits per week associated with this request. The Board of Supervisors can approve the ten visits per week if they feel-this meets the intent of the ordinance. SUMMARY: Staff has identified the following factors favorable to this application: The service offered by the applicant specifically serves the residents in the rural areas. There would be minimal visual and noise impact from the proposed use and would not be inconsistent with the character of the area. All residences on Kasey Lane are family members. 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 2003-028, subject to the following conditions: 1. There shall be no outdoor storage permitted except for the 5' x 21' outdoor storage area for piping as shown on the sketch plan in Attachment A. 2. The home occupation shall have no more than ten (10) visits per week. 3. No more than four (4) vehicles associated with the home occupation shall be parked on the site at any given time (one drill rig, one service truck, and two pickup trucks). 4. Hours for the home occupation shall be Monday through Friday, 8:00 a.m. to 4:00 p.m. REQUEST FOR WAIVER TO SECTION 5.2.2.1(b): This section states that there shall be no change in the outside appearance of the building, premises, or other visible evidence Matheny Well Drilling.doc 6/17/03 3 of the home occupation. The applicant wishes to store pipe that would be 21 feet long and would be stacked 5 feet high outside of the garage (Attachment E). Due to the difficulty in storing the pipe in the garage, the applicant has requested a waiver to this section to be permitted to store the pipe outside in the location shown on the sketch plan in Attachment A. Staff has visited the site and has determined the outdoor storage would not be visible from adjoining properties and would not significantly alter the outside appearance. Therefore, staff recommends the applicant's request for a waiver to Section 5.2.2.1 (b) be approved. REQUEST,FOR WAIVER TO SECTION 5.2.2.1(a): Section 5.2.2.1 (a) states that a home occupation may be conducted either within the dwelling or an accessory structure, or both, provided that no more than 25% 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 the home occupation, exceed 1,500 square feet. The sketch plan indicates that the garage is 768 square feet, the covered storage area is 384 square feet, and the outdoor storage area is 105 square feet for a total of 1,257 square feet. Real estate records indicate the applicant's residence is 2,302 square feet. Given these numbers, the area devoted to the home occupation would be 54% of the area of the house. The applicant is requesting a waiver to Section 5.2.2.1 (a) to allow for the area devoted to the home occupation to exceed 25% of the total floor area of the dwelling (Attachment F). The detached garage is a fairly typical garage that one might build to provide an area for storage and to park a vehicle. The applicant would not be using the entire garage for storage of equipment related to the business, but would also store personal belongings as well. The applicant was not able to precisely determine the storage area needed for each type of storage (business and personal), so would like the ability to intermix the business storage and personal storage without having to have a designated area within the garage. The applicant's total area devoted to the home occupation is under the 1,500 square feet permitted for the use of an accessory structure in a Home Occupation, Class B. As the storage would be within the garage, except for the 105 square feet of outdoor storage, staff believes the applicant's request for this waiver would meet the intent of the Zoning Ordinance. Therefore, staff recommends the applicant's request for a waiver to Section 5.2.2.1(a) be approved. Attachments: A - Application and Sketch Plan B - Location Map & Tax Map C - Aerial Map D - Photos of Site E- Request for Waiver to Section 5.2.2.1(b) F - Request for Waiver to Section 5.2.2.1 (a) G - Section 5.2.2 Matheny Well Drilling.doc 6/17/0 3 County of Albemarle -:- Department of Building Code an~ tOFFIIZE USE ONLY,,.., ..~ Application for Special Use Permit ATTACHMENT A 5~- ~ .... .....,,...:~:a,~..~.~,. :,..,. -~.~r..a-,~k-~k~..iY]... ......... ;::..::.......~a,-~:a~:~i~?>.- ~-,~a,~5.x.~:~ ......... . .,:... · .....:-. r-..., .,.,,,.~..-.-3~.~ ... ~:~.5;~: ' .:: ":~:'::'.':;?>2<' : · ?:?'. [..".,'..;:. ' .... '. ". .' .... . · :7:, .~,-~,~'~;%-,,~:! ::'- .7.".;.. ,.-5:Q;:~w~::", ·..- :*Zombi Distdct ' ?' ';:'~'?'~'~::':''~'' ....... : ..... *Zoning Ordinance Section number ~qa=tea [0 ~. ~ (~ I I .'.' ....":,~,,,~..-;.::1 ... (-;taft will assist yea with ~hs,.~9~s)" ~%%..',' :';'2'..': : ..' ':' '..<.'.::k;:":...-' :' "-.' ?~>f{;~.-;y~i~g~:.- . ~¢)~?j~lZ: I ~?:' lis this an amendment to an existing Spe~al Usc Permit? . ~ Yeddo Are you submitting a site development plan with fl~ appli~tion? ~YesO No Contact Person ;whom sho. U we call/write concerning this project?): .~.P.m Address ~qq ~ccw ~¢,. City Daytime Phone ( %~ ) q~0-qoq0 ~ff~'gS~x~ State \lA, Zip E-mail Owner of land cas listed in thc County's records): Address ~o,.e,~. Daytime Phone ( ) City Fax # E-mail State Zip __ Applicant (Who,s the contact pe~on representing? Who is requesting thc special usc?): K eo V'w',e_]'~>x )~ ' Address ~,"--"~ City ' State Daytime Phone ( ) Fax # E-mail Zip __ Locatioll of property (landmarks. iotermctions, or omer) ~,l'l PhysicalAddress(ifassigned) ,.29q5 r;ao' Does the owner of this property own (or have any ownership interest in) any. abutting property*. If yes, please list those tax map and parcel numbers OmCE ffSE ON[¥ Hi, tory: Fee amounts ~,"~0, '9 _ ~ · Date Paid t 5~3~)'~ Check # ~7~ Rcceip,~/~qzi,,,: ~ S~ial Usc Permits: ~ ZMAs and Proffers: ~ Vmances: . ~ ' s ' of Authori~tion '. ~ ~ Mclntire Road + Charlottesville, VA 22902 + %ice: 296-5832 -;- Fa~972-4126 401 ~ Section 31.2,4.1 of the Albemarle County Zoning Ordinance states that, "The board of supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. SpeCial use permits for uses as provided in this ordinance may be issued upon a finding by the board of supervisors that such use will not be of substantial detriment to adjacent property, that the character of the district will not be changed thereby and that such use will be in harmony with the purpose and intent of this ordinance, with the uses permitted by right in the district, with additional regulatiOns provided in section 5.0 of this ordinance, and with the Public health, safety and general welfare. - :r~Ss¢.¢~The ~i~ which follow, will be 'm.v.!.e_wod by the staff !~ ~etr3nalysts of your request.. Please complete .'~ :';.-~-. ~-¢'Ta.-.-:thl$-[?m :and provide addmonal'mfOrmauon which will assist the'CoUnt¥in its review of your"~quest."".' ".'5- k.,;;:'~;,~2 :":.'~;~;:5:~¢;:~ .... ' . · · · ' .,.',-;?-..'"."':," '~: .' . '.'" : ~: "'.'4~'~:~';'~- '~">,~:~-?~?.~}~4~e.,yjC;¢!¢~5:~.!4~-*~::~: :'::'_'-'.'t;t.:tu*:Sff yomneed assistance filling out these ltems,' staff m avmlable.' -'-:;.:>::¢*:.:' :-.;:', *-- *'-- ': '*** .... , · ' ' .. What is th¢comprehensive Plan designation £orflfis propcrty? ~v~g ~¢.r-gqm[ ¥'e..g¢~e.m.C.e How will the proposed special use affect adjacent property? "~'T' How Will the proposed special use affect the character of the district surrounding the property? -~.'T ~ ~ou~[d~"~" How is the use in harmony with the purpose and intent of the Zoning Ordinance? How is the use in harmony with the uses permitted by right in the district? ~ tXA'~t\ ¢6tP.4l b~,b<j~,¥¥L-.~ What additional regulations provided in Section 5.0 of the Zoning Ordbance apply to this use? How will this use promote the public health, safety, and general welfare of the community7 2 2 Describe your request in detail and include ail pertinent information such as the numbers of persons involved in the use, operating hours, and any unique features of the use: A~&CHMENTS REQUIRED ~ prowde .two(2).eop~ of each:. ~..:.,,.;~v;~i2~,~;~5..,:.~;. ¢~ ...- ..: ..:.3::..'-:-. :2-. -;~ ~I' · '..' ...... ~..~:.-....; ..:..~:...~.'.: ..} -.:'..~..." .:- z."..: .:.:' ':.: :.;;~5':; ";~.~...i;t~'.{.,:.A.:'r.,':.; ':: :5' .. ':~'- ' :' 5':~ :;~:': -,~,:~:.:?.zv ~ ...... :-:.: ~..~ .-...;:.. ,-; .-,~../. ~ 1. Recorded plat or bound~ su~eyof the prope~y requested for ~e 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 f6r 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 Count. y.must be submitted certifying that the person signing below has the authority to do so. If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the owner's written consent to the application. If the applicant is the agent of the owner, a documen,t acc,eptable to the County must be submitted that is evidence of the existence and scope of the agency. 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. 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View of garage and outdoor storage area for piping. View of garage. ~ ,.ri ATTACHMENTE MATHENY WELL DRILLING & PUMP SERVICE, INC. 2'806 Kacey Lane Af~on, VA 22920 540-456-9849 welldriller00~aol.com June 12, 2003 Albemarle County Dept. of Zoning Services RE: request for variance I am writing to request a variance in regards to my storage of well casing. I am not able to get the Casing into my shop because of the length. It is well covered from sight by Vegetation and cannot be seen from adjoining property. Kenneth Matheny 14 ATTACHMENT F 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 shall apply hereto, mutatis mutandis. 5.2.4REVOCA~ON 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 t425, 2-5-03 Public Hearing Item SP-2003-1)28 Matheny Well Drillin_~ ¢Si.~n #57, 66)- Request for special use permit to allow a well drilling business 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 84, Parcel 14E2, contains 2.586 acres, and is zoned RA, Rural Areas. The proposal is tocated on Kacey Lane, approximately 700 feet northwest from the intersection of KaceY Lane and Rt. 635 (Craigs Store Road), in the Samuel Miller Magisterial District. The Comprehensive Plan designates this property as Rural Areas in Rural Area 3. (Steven Biel) Mr. Biel summarized the staff report. The applicant, Mr. Kenneth Matheny, is requesting a special use permit for a Home Occupation, Class B to operate a well ddlling business. The property contains 2.5 acres. Mr. Matheny's property is part of a family division that was approved in 1988. The family members still reside on the parcels that make up this family'divisiOn in the parcels adjacent to the applicant's site. Mr. Matheny employs two people with one being his father who recently turned the business over to him. As far as equipment that belongs to this business, Mr. Matheny owns one drill dg, one service truck, and two pick up trucks. One of the pick up trucks is used by one of the other employees and is not kept on the site. The drill dg and service truck is normally kept off site at the customer's Site where the work is being done. The normal hours of operation are Monday through Friday from 8:00 a.m. to 4:00 p.m. VDOT has required that the existing entrance be ~mproved to a 30-foot wide commercial entrance. The Department of Engineering does not support VDOT's requirement as the road meets private road standards and has been well maintained as you can see in the one photograph in Attachment D. Staff also concurs with the Department of Engineering's recommendation. Mr. Matheny is also requesting a waiver to Section 5.2.2.1(b) which states that there shall be no change in the outside appearance of the building premises or other visible evidence of the home occupation. The applicant wisheS to store pipe that would be 21 feet long and would be stacked 5 feet high outside of the garage. Due to the difficulty in storing this pipe in the garage the applicant has requested a waiver to this section to be permitted to store the pipe outside in the location shown on the sketch plan. Staff has visited the site and has determined that the outdoor storage would not be visible from the adjoining properties and would not significantly alter the outside appearance. Staff does recommend approval of this waiver. Mr. Matheny is .also requesting a waiver of Section 5.2.2.1 (a), which states that a h'ome occupation may be conducted either within the dwelling or an accessory structure or both .provided that no morethan 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 the home occupation exceed 1,500 square feet. The sketch plan indicates that the garage is 768 square feet. The covered storage area, which has not been built yet, is shown on the sketch .plan. That is 384 square feet and the outdoor storage area is 105 square feet for the total of 1,257 square feet. The real estate records indicate that the residence is 2,300 square feet. Given these numbers, the area devoted to the home occupation would be 54 percent of the area of the house. The detached garage is a fairly typical garage that you might see built for an area for storage or to park a normal vehicle in. The applicant would not be using the entire garage for storage of equipment related to the business, but would also store personal belongings as well. Mr. Matheny was not able to precisely determine the storage area needed for each type of storage being business and personal. He would like the ability to intermix the business storage and personal storage without having to have a designated area within the garage. The total area devoted to the home occupation is less than 1,500 square feet that is permitted for the use of an accessory structure in a home occupation, class B. As the storage would be within the garage, except for the 105 square feet for the pipe, staff believes the applicant's request for this waiver meets the intent of the Zoning Ordinance. Staff recommends the approval of this request for the waiver. In summary, the service offered to Mr. Matheny specifically serves the residents in the rural areas. There would be minimal visual and noise impacts from the proposal. The proposed ALBEMARLE COUNTY PLANNING COMMISSION JUNE 24, 2003 DRAFT MINUTES Page 1 COUNTY OF ALBEMARLE Departmer~t of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 June 6,2003 Kenneth Matheny 2797 Kacey Lane Affon, Va 22920 RE: SP 2003-028 MathenyWell'Drilling Tax Map 84, Parcel 14(E)2 Dear Mr. Matheny: This letteris to notify you that your above-referenced petition, has been scheduled for public hearings as follows: ALBEMAR~.E COUNTY PLANNING COMMISSION TUESDAY, JUNE 24, 2003 ALBEMARLE COUNTY BOARD OF SUPERVISORS WEDNESDAY, JULY 9, 2003 The Planning Commission meeting will be held at 6:00 p.m., and the Board of Supervisors meeting will be held at 6:00 p.m., Meeting Room #241, Second Floor, County Office Building, 401 Mclntire Road, Charlottesville, Virginia. You will receive a copy of the staff report and tentative agenda one week pdor to the Planning Commission meeting. YOU OR YOUR REPRESENTATIVE MUST BE PRESENT AT BOTH OF THESE MEETINGS. At least fifteen (15) days preceding the commission's public hearing, the zoning administrator or designee shall erect on the property, subject to the above-referenced application(s), a sign or signs indicating the property is to be subject to public hearing and referencing how to obtain additional information regarding such hearing. The sign shall be erected within ten (10) feet of whatever boundary line of such land abuts a public road and shall be so placed as to be clearly visible from the road. If more than one such road abuts the property, then a sign shall be erected in the same manner as above for each such abutting road. If no public road abuts thereon, then signs shall be erected in the same manner as above on at least two boundaries of the property abutting land not owned by the applicant. The filing of the petition or application shall Kenneth Matheny - Matheny Well Drilling Page 2 June 6, 2003 be deemed to grant consent to the zoning administrator or designee to enter upon the property and to erect the signs. Upon a finding by the board of supervisors that failure to comply with the posting requirements of this section has denied the public reasonable notice of the public hearing, the board may defer action on the petition or application until reasonable notice by posting is given. The applicant shall exercise due diligence to protect the sign or signs erected pUrsuant to section 33.8 from vandalism and theft; maintain the sign or signs in the location or locations in an erect position as placed by the zoning administrator or designee; and ensure that sUch sign or signs remain legible. Failure to comply with these responsibilities may,be grounds for the commission or the board of supervisors to defer aCtion on the petition or application until there is reasonable compliance. Any sign erected pursuant to section 33.8 shall remain the property of the board of supervisors. It shall be unlawful for any person, except the applicant performing maintenance required by this section or the zoning administrator or an authorized agent of either, to remove or tamper with any sign erected pursuant to section 33.8. All such signs shall be removed by the zoning administrator or designee within fifteen (15) days following the board of supervisors final action on the petition or application or the applicant's withdrawal of the petition or application. Should you have any questions regarding the procedure for posting of signs, please do not hesitate to contact the Zoning Administrator. Sincerely, Steven Biel Planner SB/blbt / / cdpElla Carey Amelia McCulley Jack Kelsey ALBEMARLE COUNTY 39 lib 24A :'5 O48TRICT 43 / 544 2O 54 20¢ X /,/ ,~. 05-028 I~TI-II'~Ey WELL D~LLI~G 52 44A 44 96 SAMUEL MILLER AND WHITE HALL DISTRIGTS 50A \ so 68 SEGTION 84 COUNTY OF ALBEMARLE Departmeqt of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434} 972- 4012 June 10, 2003 James Myers 923 Gardens Blvd Charlottesville, VA 229-1 RE: SP-03-017 Four Seasons School Amendment (Sign #38) Tax Map 61X2, Parcel 4B Dear Mr. Myers: The Albemarle County Planning Commission, at its meeting on June 3, 2003, by a vote of 6:0, recommended approval of the above-noted petition to the Board of Supervisors.. Please note that this approval is subject to the following conditions: 1. Maximum enrollment will be 85 students. 2. Normal hours of operation for school shall be from 7:30 a.m. to 6:00 p.m. with occasional uses in the evenings and weekend. 3. The applicant shall construct a pedestrian pathway connecting the school and pool buildings to Four Seasons Drive, to a standard acceptable to the Departments of Planning and Engineering and Public Works. The pedestrian pathway shall be complete by December 31 2003. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on July 9, 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. Sincerely, Susan Thomas, AICP Senior Planner . ST/jcf Cc: Ella Carey Jack Kelsey Matt Grimes Amelia McCulley Steve AIIshouse Four Seasons of Virginia, LLC STAFF PERSON: PLANNING COMMISSION DATE: BOARD OF SUPERVISORS DATE: SUSAN THOMAS, AICP JUNE 3, 2003 JULY 9, 2003 SP 2003-017 FOUR SEASONS SCHOOL PERMIT Applicant's Proposal: The applicant is seeking ~o amend an existing special permit to allow use of the former ACAC Facility in the Four Seasons Development for a private school (see Attachment A, B and C). If approved, the facility could be used by a variety of private schools provided they operated under the conditions of the special use permit. Thc applicant has requested a maximum enrollment of 85 students, early childhood through high school, with operating hours of 7:30 a.m. to 6:00 p.m. and occasional uses in the evening and :over the weekend. Classes will not be held during the sumlBer. Petition for Special Use Permit: Request for special use permit to allow a private school in accordance with Section 20.4.2(1) of the Zoning Ordinance, which allows for R-15 Residential uses in a C, 1 Commercial district. The property, described as Tax Map 61X2 Parcel 4B, contains 2.256 acres, and is located in the Rio Magisterial District on Four Seasons Drive [Route 1456] approximately 1/2 mile south of the intersection of Four Seasons Drive and Rio Road West (Route 631). The property is zoned PUD, Planned Unit Development, and Airport Protection Overlay. The Comprehensive Plan designates this property as Urban Density Residential (6.01 - 34 dwelling units per acre.) in Neighborhood One. Character of the Area: The site is located within the Four Seasons development, which includes patio homes, townhomes and apartments. The building intended for use by the Waldorf School was formerly the Atlantic. Coast Athletic Club (ACAC) fitness club. The Charlottesville Waldorf Early Childhood Education Center occupies a portion of the facility, but will be moving out this summer. ACAC's Adventure Central youth program shares the building, operating atler school and during the summer~ The adjacent tennis courts and pool are also operated by ACAC. There is a regional stormwater management pond located nearby. Applicant's JUstification for the Request: Two schools have used this facility on an interim basis in the past, and a third school is currently interested in using it. Its central location, versatile space, ample parking, and complementary recreational use make it particularly good for a private school in transition while looking for a permanent lOcation. Past experience with schools on this site indicates that the site and neighborhood can accommOdate the use. Recommendation: Staff believes that the proposed use is appropriate for the site, and that it meets a public need in the urban area. It is considerably less intensive than schools that previously operated in this location without negative impacts to immediate neighbors or general public, and thus staff recommends approval with conditions. Zonin_~ and Subdivision History: The original rezoning for the Four Seasons Development was approved in 1969. The clubhouse was constructed in 1975. Two special use permits, SP 80-23 and SP 81-31, were approved for a day care at this site, with a maximum enrollment of 175 children. The approval for the day care has expired. In 1984, the owner filed a rezoning application (ZMA 84-09) for condominiums and townhomes. The Planning Commission denied the project and the petition was withdrawn prior to public hearing by the Board. In 1985, another rezoning application (ZMA 85-15) was submitted. It requested permission to expand the clubhouse by 25,500 square feet to allow for the recreational facilities in place today. This space eventually became the ACAC facility. After ACAC moved to Albemarle Square, the vacant building was converted into the Charlottesville Catholic School. A rezoning application (ZMA 98-04) was approved in May 1998 to allow for day-care by-right and private schools by special use permit. The rezoning also contained proffers which restricted the commercial (C-I) and commercial offices (C-O) activities permitted (see Attachment C). The special use permit (SP 98-01) that accompanied ZMA 98-04 included conditions limiting enrollment to 180 students, operating hours to 7:30 a.m. to 6:00 p.m., and sunsetting the school use after June 30, 2001.placed the following conditions on the school. SP 00-10, approved May 5, 2000, increased the enrollment to 220 students. SP 2001-09, apprOved June 20, 2001, allowed an early childhood education center operated by the Crossroads Waldorf School, with a maximum enrollment of 85 students. This special permit request, if approved, would allow on-going use of the facihty as a private school with the same maximum enrollment as the most recent school, 85 students. A separate but concurrent rezoning request seeks to re-instate limited office use in the facility. Comprehensive Plan: The Comprehensive Plan does not directly address the Four Seasons Development or this facility in its recommendations. The area is designated by the Plan as Urban Density Residential. Schools are an appropriate use for a residential area, and embedding them in densely developed- neighborhood like this one promotes opportunities for students and their families to walk to school. The Neighborhood Model' Twelve principles of development are set forth in the Neighborhood Model. A staff analysis of the manner in which this development proposal addresses each principle is included below. Pedestrian Orientation - The ACAC/Four Seasons facility uses draw both from the local neighborhood and areas beyond it, and thus site development has resulted in extensive parking capacity and few formal pedestrian improvements. With completion of the current County sidewalk project on the west side of Four Seasons Drive, pedestrian activity can be expected to · increase. Staff is recommending that the interior pedestrian path be constructed from the public road to the pool and school buildings, as a condition of approval. Currently pedestrians walk in the parking lot travel way. Neighborhood Friendly Streets and Paths - No new road connections are required or requested, since the special permit request involves the use of an existing facility. Interconnected Streets and Transportation Networks - The site is approaching full build-out, and is surrounded by existing homes and streets. The project proposes nothing that will detract from the transportation network; separating pedestrians from vehicles via a sidewalk near the 2 buildings will improve overall circulation and safety. Staffbelieves that leaving the.site in its current form is appropriate. Parks and Open Space - The high level of development on the Site leaves little oppommity for formal dedication of parks and open space. However, the recreational resources on the site function as a kind of private park and are valuable to the neighborhood and the community as a whole, particularly because of the accessibility to densely developed neighborhoods and thus a large population. Neighborhood Centers - The Four Comers ACAC recreational facility has become a small neighborhood Center over the years, as it has transformed itself from a private club for the Four Seasons PUD into a recreational resource for the community. The addition of the school use has also contributed to its functioning as a center. Buildings and Spaces of Human Scale - No exterior improvements to the facility are proposed under this application (other than the recommended pedestrian pathway). Thus, there is no possibility, at this time, to improve the orientation of the project to the main road running through the development. Relegated Parking - Because no changes to the exterior of the facility are proposed, parking will remain as presently configured. The shape and embedded location of the property help to relegate parking relative to Four Seasons Drive and some of the neighborhood, although parking is quite exposed for those living west and north of the property. Mixture of Uses - When added to office and recreation, the school use represents a mixture of uses at the facility scale; it also creates a more diversified mixture within the neighborhood. Mixture of Housing Types and Affordability - No housing is proposed with this request. A variety of housing types and affordability already exist within a close radius to the site. Redevelopment - The ACAC/Four Seasons facility has undergone extensive changes and evolution over the course of its existence, as its owners have adapted to changing conditions and responded to new business and cultural opportunities. In staff's opinion, the intensive use of this site is a positive model for the urban area, and takes advantage of nearby demographics, population centers, transportation systems, and emerging needs within the larger community. In staff's opinion, this is a good redevelopment opportunity. Site Planning that Respects Terrain - Since the applicant is not altering the exterior of the complex, no environmental, open space, etc. impacts are envisioned, other than the requested pedestrian pathway. It is anticipated that the. pathway will be routed to accommodate existing mature vegetation as much as possible. Clear Boundaries with the Rural Areas - The parcel is located well within the Development Area boundary; and therefore, keeping a clear edge is not a criterion for assessment. Analysis of the Special Use Permit as related to Section 31.2.4.1 of the Zonin? Ordinance: The Board qf Supervisors herebw reserves unto itself the right to issue all special use permits permitted hereunder, Special use permits_for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent proper_tv, The current use by the Waldorf Early Learning Center and the Charlottesville Catholic School before it have not adversely impacted the neighborhood. At school drop-off and pick-up times there was significant traffic during the tenure of the Catholic School, but it was effectively managed and thus had a brief impact on the neighborhood. that the character o_f the district will not be changed thereby, This requested use should have minimum to no impact on the character of the district. and. that such use will be in harmony with the purpose and intent of this ordinance, The location of schools within residential neighborhoods is an excellent means for developing a community's sense of place, and provides a good opportunity for alternatives to use of the automobile in this case. with the uses permitted by right in the district, This should not impact any other uses in the district. ACAC will continue to operate the pool and the tennis courts adjacent to the facility. This school should have no impacts on ACAC's business because the school will be closed during ACAC's busiest time- the summer. with additional regulations provided in Section 5. 0 o. f this ordinance, There are no conflicts envisioned with the regulations of Section 5.0. and with the public health, safety and general welfare. This project will not negatively impact the public health, safety or general welfare. SUMMARY: Staff has identified the following factors, which are favorable to this request: 1. The building is currently used as a school. 2. The Catholic and Waldorf School had few, if any, complaints and were well managed in staff's view. The impacts fi:om this smaller school use should be considerably reduced due to its size. 3. The school use has been successful on this site, and represents a good opportunity for a mixture of supporting land uses in the neighborhood. There are no unfavorable factors related to this request. RECOMMENDED ACTION Staff recommends approval of SP 2003-017, ACAC/Four Seasons School Special Permit Amendment, with the following conditions: 1. Maximum enrollment will be 85 students. 2. Normal hours of operation for the school shall be from 7:30 a.m. to 6:00 p.m. with occasional uses in the evenings and weekend. 3. The applicant shall construct a pedestrian pathway connecting the school and pool buildings to Four Seasons drive, to a standard acceptable to the Departments of Planning and Engineering and Public Works. The pedestrian pathway shall be completed by December 31, 2003. 4 Please note that the applicant is required to receive zoning clearance before the use as a school commences. Attachments: A - Vicinity Map B - Area Map C - Applicant's Justification 5 .,~ ' ' ATTACHM.ENT A F OF CHARLOTTESVILLE SP 2003-017 ~--ZMA 2003-001 FOUR SEASONS ACAC 77 JACK JOUETT, RIVANNA AND RI 0 DISTRICTS SEGTION 61 c;ounty ot ,,A,]oemarfe -;- D.epartment~;of~Building Code and Zoning Services, ~.?=.:- .:-.-'~' ~,' ~ ' · -'=;'.0~* V~":'o~~: ':- :":.'"- ':='~'~'"~' :':'~'c'",:"~'~:~¥,:=:~ ~ " -- ' · · ' " " '" " ' , '~-15 ~$~ Ak,C~.~ · St~ ~11 ~ist ~ou wi~ these items) , · ': ' · '-;q ~ :' .' ' :' ' '~'[~ " ' , · .. · ~-. . you submitfing'~ site ~de~el~ment plan ~fll ~ appli~fion?. :="~'-.~% =~e-% = ..... ' ' O Ye~o .'. ~:''': =~:~:~' ~: ?/ ' Contact Person (Whom should ~ =illUme con.ming ~is projcct?): '~ ~m ~ ( ~(~ ' " J ndd~ssY~ "~dOg g]~ · , City ~:~//~ 7 . .... St Zi [D ya ti m e Phone ~ q'q'- ) ~7'~-- ~ r 0 Fa'x. 0 ~ff~ *7~- ~J~ E- mai 1~ State · Zip __ wnl {°'r hake'an ":' .... Describe your request ii~ d~l arid include alt 'invOlved in the use' lat Book and page number. ,', ~ -. :-.- ,-~ . '... , -~ Note: .-If yo'u a~e requesting a special use P~rmit .6nly for 'a portion of the property, '. ~' :~ needs tOb~ described or delineated on a copy'of the plat or surveye~ drawing._- Ownership infornlafion -If ownership of the property is in the name~of any tyPe of legal entiiyor organization ·including, but not limited 'to~ the nameof a corporation, partnership or ~soeiation, or in the name of a trust, or in a fictitious name, .a document acceptable to ' ' ~ the Coun.ty.must be submitted certifying that the person signing below has the authority · ~.~:(~!7!,: .: i..)i·"..'.? if ii/i apph t a c~ntract purchaser,~a ~t~:'~i~'t '~ept~ibie't~-th~?C0/i~must · "" " submitted'~0ntfilini't~h~'oWner's W/'itten consent tO the'application.' If the applicant' is the' agent of the owner, a docum~n,t acc table to the County must be · . submitted that is evidence of the existence and scope of the agency. 'OPTIONAL ATTACHlVlENTS: - "- - ' ' ._-": ~i.. Dra_w!ngs~ or conCeptUal plans, if any. '_,.: ..... '~-3. ~.i,"'"' ?~(:~.~: i~i ' tii:ythatiowhthesubjeetproperty.'ir ~Wer{0aet :'~ ;~:~.~';~?~?~ filing ~s appheauon.' I also Certify'that the inf6~ r ~:~d':'i . ...... ................. ........ ...... ...... ... ....... : ..... ' ..... ' · -~. ',~ ' .' -~.'.' e~2:; .~.-?? ;.~:, ~:;"~' "- ' ' "":'."? '""' ':"..' ....... '.[?'~.'~? '~: .'.5~".'~ .... ,~. . ,-,., . ...... .... & nature . .. .... · ... ~. ~ ~ ~,~,,. ,,:..: .... ~ ....... . ....... . ,.-......, ..... ,~- . ....... ._: ...... · ... , ... g ....: . .: ~:. :... ~. -. -~,~..,~;.~...~,..:....~,.....:,.~..,.~....:-.. Date,..~. ...... .:.~ ...... ~-~,,'-,.' .....~,~'.~..:.~. ".. -'. ,..~.~.=e.~ ,'~.?,'. .... . -...:.:.:.. '.... .... ' .. 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I of the Albemarle County Zorn. rig Qt'digance states that, 'The board..0f'idp~rVisors .iii he'reby reie~es unto itself'the right'to issue"all-'i~¢ial '~? per .mitS"i~ermiued 'hereU~r.'.Sp:~iai use ::per.,~ts for ~ses as provided mthm ordinance may be ls~d upo_.~.a findmg by the board of~supervis6rs - ?.?~z~:wfil notbe'ctmng .thereby and tha~uch usewfll be. re.harmony w~th the pu~ose.and mt~t of ~S '-':'~:;~i/.3~.;~:~:'0rdii~nce~ With the Uses pe~mitted ~ht ~ pr°vid~ih:::~ecti~ - 5.0 of th~ ordin=ce, follow wil ' '- - - ~. How will the proposed special use affect adjacent prope~y? · ~ How will the pro~sed s~cml u~e aff~t ~e ch~acter of the d,stnct su~ounding the property? How is the use in hamony wiih the pU~,e andintent of~e ~ning Orffihn~;? ~ How is the use in harmony with the uscs permitted by right in the district? · . ' ' · '*~ .,...' , .' .' '" ;~ .' )~ . {"~:.* ~'~'~',-~.~.,~';~'-?'~-'~' ' ' .,. ~. ys,,~',,. 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Attachment Application fOr Speci~i'"bse Permit Remove terminating date on SP-2001-009 Backqround: In June 2001 the Albemarle County Board of Supervisor unanimously approved SP-2001-009 for Crossroads Waldorf School Early Learning Center. The SP had a termination date of August 15, 2004. This was the second SP for the operation of a school in this location; the first was the Catholic School. Request: We are requesting that a new special use permit be issued, granting us the ability to rent space in our building as a school. We would like the permit issued to Four Seasons of Virginia LLC so that we may continue to lease the space for school use to subsequent tenants without having to ms-file for a special use permit. We airs further requesting that theirs be no termination date as theirs is on SP-2001-009. Answers to Application Questions: Theirs will be no impact on adjacent property nor will this new SP affect the character of the district surrounding the property. Since the property is zoned PUD Commercial Services, and this operation of a school by special permit is permitted, we believe there will be no negative impact on the purpose or intent of the Zoning Ordinance or with the uses permitted by right. COUNTY OF ALBEMARLE Departmeqt of Planning & Community Development 401 M¢Intire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 June 10, 2003 James Myers 923 Gardens Blvd Charlottesville, VA 229-1 RE: SP-03-017 Four Seasons School Amendment (Sign #38) Tax Map 61X2, Parcel 4B Dear Mr. Myers: The Albemarle County Planning Commission, at its meeting on June 3, 2003, by a vote of 6:0, recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1. Maximum enrollment will be 85 students. 2. Normal hours of operation for school shall be from 7:30 a.m to 6:00 p.m. with occasional uses in the evenings and weekend. 3. The applicant shall construct a pedestrian pathway connecting the school and pool buildings to Four Seasons Ddve, to a standard acceptable to the Departments of Planning and Engineering and Public Works. The pedestrian pathway shall be complete by December 31, 2003. Please be advised that the .Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on July 9, 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. Sincerely, Susan Thomas, AICP Senior Planner STtjcf Cc: Ella Carey Jack Kelsey Matt Grimes Amelia McCulley Steve AIIshouse Four Seasons of Virginia, LLC July 14, 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 ('t?-~., Tom Hansen Director Emergency Communications Center 2306 Ivy Road Charlottesville, VA 22903 RE: SP-2003-032 Albemarle County Fire Department Communications Amendment Tax Map 109, Parcel 60 Dear Mr. Hansen: The Albemarle County Planning Commission, at its meeting on July 8, 2003, by a vote of 6:0, recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1. The tower shall not be increased in height; 2. The additional antenna may be attached only as follows: a. The antenna design shall be as shown on the attached brochure, entitled "Ground Plane Omni Antenna", dated July 8, 2003; b. The highest portions of the antenna shall not exceed 104 feet above ground; c. The new antenna shall be attached to the tower by two mounting brackets at 97 and 99 feet above ground. The mounting brackets shall extend no more than five (5) feet from the tower structure. The center pole of the antenna shall be mounted no further than six (6) feet from the face of the tower structure. The maximum height of the antenna shall not exceed eighty (80) inches. The height above the base plate shall not exceed 60 inches. The maximum width shall not exceed thirteen (13) feet. The antenna shall be a color that matches the tower; d. Ail ground equipment related to this antenna shall be contained within the existing building; and e. The antenna subject to this approval may be replaced administratively, provided that the sizing, mounting distances and heights of the replacement antenna is as proposed by the applicant. 3. With the exception of the safety lighting required by Federal Aviation Administration regulations, outdoor lighting shall be permitted only during maintenance periods; regardless of the lumens emitted, each outdoor fuminaire that is not required for safety shall be fully shielded as required by Section 4.17 of the Zoning Ordinance; 4. The permittee shall submit a report to the Zoning administrator once per year, by not later than July 1 of that year. The report shall identify each user of the tower; and 5. The tower and all supporting facilities shall be disassembled and removed from the site within ninety (90) days of the date its use for wireless communications purposes is discontinued. If you should have any questions or comments regarding the above noted action, otease do not hesitate to contact me at (434) 296-5823. Sincerely, Margaret Doherty Principal Planner MD/jcf Cc: CElt.~Carey Jack Kelsey Amelia McCulley Steve AIIshouse STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: MARGARET DOHERTY JULY 1, 2003 JULY 97 2003 SP 03-31 AND SP-03-32 ALBEMARLE COUNTY FIRE DEPARTMENT TOWER AMENDMENTS Applicant's Proposals: The proposal is for the co-location of additional antennas at two existing tower Sites supporting communications for the County of Albemarle's Fire and Rescue services. These requests are being made in accordance w/th Section 10.2.2.6 of the Zoning Ordinance, which allows for radio-wave transmission and relay towers, and appurtenances in the Rural Areas. Presently the County of Albemarle contracts with the City of Charlottesville for emergency dispatching of its countywide Fire and Rescue Services. In July, the Emergency Communications Center (ECC) will take over the county dispatch functions from the City. In order for this to happen the County must place a main transmitter and antenna at the Carter's Mountain site and a back-up transmitter and antenna at the Fan Mountain site. SP-03-31 is a request to allow the attachment of an antenna, consisting of two 80-inch segments at 148 and 165 feet on an existing 205-foot tall tower, at the Carter's Mountain tower farm. All supporting ground equipment would be housed in existing buildings. The property, described as Tax Map 91, Parcel 28, contains 234.165 acres, zoned RA, Rural Areas. This site is located in the Scottsville Magisterial District, on Carter's Mountain Trail, approximately 1 mile south of the intersection with the Thomas Jefferson Parkway (State Route 53). The Comprehensive Plan designates this site as Rural Area 4. SP-03-32 is a request to install a 7' x 5' array antenna attached to the tower at 97 feet, from a bracket which will extend 5' from the emergency communications tower facility on Fan Mountain. The existing tower is 99 feet high. All supporting ground equipment would be housed in existing buildings. The property, described as Tax Map 109 - Parcel 60, contains approximately 111.5 acres, zoned Rural Area District (RA). This site is located in the Scottsville Magisterial District on Fan Mountain Road approximately 4.5 miles from the intersection with U.S. Route 29 South, past the University of Virginia's Fan Mountain Observatory. The Comprehensive Plan designates this prop erty as Rural Area 3. Petitions: These requests are for special use permits to allow the co-location of antennas at existing wireless communication facilities. The Carter's Mountain tower is currently owned by the Crown Orchard Company. The Fan Mountain tower is currently owned by the University of Virginia. Tom Hanson, Director of ECC, is acting as the applicant for both petitions. Planning and Zoning Histories: Carter's Mountain Tower (SP-03-31): Several towers, satellite dishes and various other communications facilities are currently located within the existing "tower farm" at the top of Carter's Mountain. Staff has identified the following actions that have been taken to approve several of those facilities since 1978: SP 78-42 Motorola - On October 4, 1978, the Board of Supervisors approved a special use permit request to allow a 200-foot tall tower for two-way radio communications (Attachment D). This tower is the mounting structure that is subject to the requested collocation in this proposal. SP 79-76 Jefferson Cable - On January 18, 1980, the Board of Supervisors approved a special use permit request to allow the inStallation of a 5-meter satellite receiving dish. SP 80-02 Shenandoah Valley TV - On March 19, 1980, the Board of Supervisors approved a special use permit request allowing the removal of an exiSting 230-foot tall tower, and replacement with a 186-foot tall television tower. SP 88-14 Central Virginia Educational TV - On May 4, 1988, the Board of Supervisors approved a special use Permit request to allow a 293~foOt tall televiSion tower. SP 90-74 Charlottesville Cellular - On September 19, 1990, the Board of Supervisors approved a special use permit request to allow a 150-foot tall cellular telephone 'tower. SP 91-23 Charlottesville Quality Cable - On August 7, 1991, the Board of Supervisors approved a special use permit request to allow a 200-foot tall wireless cable transmission tower. SP 93-10 Crown Orchard Company (WVIR-TV) - On June 9, 1993, the Board Of Supervisors approved a special use permit request to allow a 60-foot tall television reception tower. SP 93-15 RAM/BSE Communications - On July 14, 1993, the Board of Supervisors approved a special use permit request to allow a multi-purpose tower not to exceed 300-feet in height. SP 94-37 Centel Cellular - On March 13, 1995, the Board of Supervisors approved a special use permit request to allow a 200-foot cellular telephone tower. SP 96-16 Sm-Comm. Inc. - On July 10, 1996, the Board of Supervisors approved a special use permit request to allow a 190-foot multi-purpose tower. SP 00-88 Carter's Mountain Emergency Communication'Facility - On April 18, 2001 the Board of Supervisors approved a special use permit request to allow a 250-foot tower as part of the area emergency communications system. SP 00-72 Crown Orchard (NEXTEL/Crown Castle) - On April 16, 2001, the Board of Supervisors approved a special use permit request to allow the co-location of an additional array of antennas, on an existing 270-foot tall guyed tower owned by American Tower Corporation, and a new 9'x 16' equipment building. SP 02-43 Crown Orchard (WVIR TV) - On December 4, 2002, the Board of Supervisors approved a special use permit request to allow the construction of a 250-foot tall lattice tower for the attachment of an antenna supporting the Virginia Broadcasting Corporation's federally mandated transition from analog to digital broadcasts. SP-02-71 Crown - Omnipoint - On March 19, 2003, the Board of Supervisors approved a special use permit request to allow the co-location of two (2) additional arrays of flush-mounted panel antennas 70 feet above gronnd, projecting no more than 12 inches from the existing structure. This tower is the mounting structure that is subject to the requested collocation in this proposal. Fan Mountain Tower (SP-03-32): SP-00-85 - On April 18, 2001, the Board of Supervisor~ approved a special use permit request to allow a 99 foot tower for two-way radio communications, to replace an existing tower. This tower is the mounting structure that is subject to the requested collocation in this proposal. Character of the Area: Carter's Mountain This facility site is located within an existing "tower farm" at the top of Carter's Mountain on property owned by Crown Orchard Company. The facility, which is maintained by Pinnacle Towers Inc., was constructed in 1978 and currently has several antenna arrays attached to the guyed tower serving as its mounting structure. Several other existing facilities with towers that range between 60 and 300 feet in height are located on the subject property. The site is accessed from Carter's Mountain Road, which begins at the eastern side of Route 53, south of Michie Tavern. Fan Mountain This is an existing tower on top of Fan Mountain, which has several antennas and microwave dishes attached to the guyed tower. The site is shared w/th the University of Virginia as an observatory. Besides the road for the observatory and tower, the parcel is fully wooded. The site is accessed from Route 29. Surrounding properties are rural agricultural or residential. RECOMMENDATION: Staff has reviewed each request for compliance with the provisions of Section 31.2.4.1 of the Zoning Ordinance and recommends approval of both with conditions. COMPREHENSIVE PLAN: Open Space Plan and Chapter Two: Staff notes that existing concrete pads would be used for the ground equipment cabinets so these proposals do not necessitate any additional disturbance. Furthermore, vehicular access is already provided to each site. Therefore, staff's review of this request for comphance with the recommendations of the Comprehensive Plan focuses mainly on the possible visual impacts that could result from the presence of the new antennas and the new equipment cabinets at the proposed location. The Open Space Plan and Natural Resources and Cultural Assets chapters of the Comprehensive Plan provide staff with guidance for the protection of the County's natural, scenic and historic resources, and preservation and management of those resources in order to protect the environment for furore use. Staffhas identified two Open Space resources that could potentially be affected by these applications: the Mountain Resource Area and important historic sites. Both sites are located in mountain resource areas, Carter's Mountain peaks at an elevation of 1,400 feet (ASL) and Fan Mountain peaks at an elevation of approximately 1,800 feet above sea- level (ASL). The Comprehensive Plan designates mountains as major open space systems that provide scenic views, naturally forested areas and wildlife habitat, and are recommended for protection in the Rural Areas. In these cases, the towers exist with many antennas, that extend beyond questions of tree canopy are skylighted. The question for both applications is whether the additional antenna will exacerbate the visibility of the existing towers and their arrays. In both cases, the proposed antennas will not be the highest nor the most projecting antenna. Given the existing circumstances, the additional antennas would have very limited additional visibility. Personal .Wireless Service Facilities Policy: On Page 4 of the Personal Wireless Service Facilities Policy, it states in part, "The personal wireless service failities policy is primarily intended to address facilities providing personal wireles service. Other types of wireless facilities are encouraged to adhere to this policy to the extent possible." The proposed wireless facilities are not for personal service. The existing towers are visible and the existing antennas do not meet the guidelines related to flush-mounting and sky!ighting. The towers proposed to accommodate these co-locations are already outfitted with several antennas, some of which are not flush mounted and are located at greater heights than those being proposed for the new antennas. Because this request would allow the applicant to take advantage of a co-location opportunity with limited visual impacts, it is staff's opinion that approval of this application would be no greater impact than the existing circumstance. 4 STAFF COMMENT: Section 31.2.4.1 of the Zoning Ordinance: The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property, The existing tower sites are located at the interior of parcels containing many acres, and are isolated from the adjacent properties. Staffis of the opinion that the antennas would not be visible from adjacent properties and public roads; nor would they impose any unfavorable impacts upon the orchards and forests near the site. that the character of the district will not be changed thereby, The preservation of the agricultural and forestal lands and activities, and conservation of the natural, scenic and historic resources are listed as purposes of the Rural Areas zoning district include. Uses allowed by right are either residential, or those related to agriculture and forestal activities. Those uses that are allowed by special use permit in the Rural Areas district are most often services related to by-right activities. However, due to the fact that the existing facilities are located so far away and at such a high elevation in relationship to surrounding properties, it is staffs opinion that the proposed co-locations would not be have the effect of changing the character of the area. and that such use will be in harmony with the purpose and intent of this ordinance, Staff has reviewed these requests with consideration for the purpose and intent of the Zoning Ordinance as stated Sections 1.4.4, 1.5 and 1.6, ail of which address the provision of public services. Staff also gives consideration for the concerns that these regulations set forth for the possible impacts that public service facilities can have upon the rural areas and the natural environment. Whenever telecommunication facilities cannot be designed to stealthily blend in with the existing surroundings, staffhas recognized a preference to co-locate on existing structures within utility easements or to build new structures in areas where similar facilities are already present. Both of these practices can be effective for ensuring that new facilities are not located in a manner that requires extensive environmental degradation that could occur in addition to the perceived visual impacts. Section 1.4.3 states that one of the intents of the Ordinance is, "To facilitate the creation of a convenient, attractive and harmonious community." It is clear that the existing facilities provide a wide range of services to County residents and other people throughout the area. Because an opportunity for co-location on an existing structure is proposed with these requests with no disturbance, and a minimal increase in visibility, it is staffs opinion that the approval of these proposals could support a more convenient and attractive community. Therefore, staffs opinion is that this request complies with the purpose and intent of the Zoning Ordinance, especially as it pertains to the siting of utilities. with the uses permitted by right in the district, Because these towers are existing, with no complaint by adjacent or co-users of the property, it is apparent that these proposals have not and would not have the effect of restricting any of the current uses that are allowed by right within the Rural Areas zoning district. with additional regulations provided in Section 5. 0 of this ordinance, and with the public health, safety and general welfare. The Board of Supervisors adopted the Personal Wireless Service Facilities Policy to provide guidelines for the siting and review of proposals for personal wireless service facilities. However, the policy is primarily intended to address facilities providing personal wireles service. ECC wireless facilities are encouraged to adhere to this policy to the extent possible. Approving these applications will meet the public health and safety requirements as identified by the ECC to address the need to take over the county dispatch functions from the City. SUMMARY: Staffhas identified the following factors, which are favorable to this request: The grotmd equipment subject to this special use permit will not restrict any of the uses that are permitted by right or impose any additional impacts on adjacent properties; No cleating or other disturbance is necessary for the placement of the facilities; and These proposals represent co-location opportunities for antennas that will have very minimal additional visual impacts. The following factors are relevant to this consideration: While the proposed antennas are not subject to the County's Personal Wireless Service Facilities Policy, it should be noted that they are not flush-mounted as called for by the policies. It should also be noted that the existing antenna arrays motmted at various heights and not consistent with these policies. RECOMMENDED ACTION: Staff recommends approval of the requested special use permit, SP-03-31 (Carter's Mountain), subject to the following conditions: (In the event that the Board chooses to deny this application staff offers the following comment: In order to comply with the prov/sions of the Telecommunication Act, staff requests consensus direction fi:om the Board regarding the basis for denial of the application and instruction to staff to return to the Board with a written decision for the Board's consideration and action.) 1. The tower shall not be increased in height; 6 m3. 2. The additional antenna may be attached only as follows: aJ The highest portions of the antennas shall not exceed 165 feet above ground; The antennas shall not exceed seven (7) feet in height nor two (2) feet in width, and shall be of a color that matches the tower; The antennas shall be mounted no further than two (2) feet from the tower structure; and The antennas subject to this approval may be replaced administratively, provided that the sizing, mounting distances and heights of the replacement antennas are as proposed by the applicant. With the exception of the safety lighting required by Federal Aviation Administration regulations, outdoor lighting shall be permitted only during maintenance periods; regardless of the lumens emitted, each outdoor luminaire that is not required for safety shall be fully shielded as required by Section 4.17 of the Zoning Ordinance; The permittee shall submit a report to the Zoning administrator once per year, by not later than July 1 of that year. The report shall identify each user of the tower; and o The tower and all supporting facilities shall be disassembled and removed from the site within ninety (90) days of the date its use for wireless communications purposes is discontinued. Staff recommends approval of the requested special use permit, SP-03-32 (Fan Mountain), subject to the following conditions: (In the event that the Board chooses to deny this application staff offers the following comment: In order to comply with the provisions of the Telecommunication Act, staff requests consensus direction from the Board regarding the basis for denial of the application and instruction to staff to return to the Board with a written decision for the Board's consideration and action.) 1. The tower shall not be increased in height; 2. The additional antenna may be attached only as follows: a. The b. The and c. The and d. The highest portions of the antenna shall not exceed 97 feet above ground; antenna shall not exceed seven (7) feet in height or thirteen (13) feet in width, shall be of a color that matches the tower; antenna shall be mounted no further than six (6)feet from the tower structure; antenna subject to this approval may be replaced administratively, provided that the sizing, mounting distances and heights of the replacement antenna is as proposed by the applicant. o With the exception of the safety lighting required by Federal Aviation Administration regulations, outdoor lighting shall be permitted only during maintenance periods; regardless of the lumens emitted, each outdoor luminaire that is not required for safety shall be fully shielded as required by Section 4.17 of the Zoning Ordinance; The permittee shall submit a report to the Zoning administrator once per year, by not later than July 1 of that year. The report shall identify each user of the tower; and o The tower and all supporting facilities shall be disassembled and removed from the site within ninety (90) days of the date its use for wireless communications purposes is discontinued. ATTACHMENTS: Carter's Mountain vicinity map and Application information Fan Mountain vicinity map and Applicant Information 8 ',,,, Attachment A Existing View RCCConsultants, Inc. Attachment A Carters Mountain (Pinnacle Tower 2) Tower Height (ground to tip) - 200ft New 2 piece antenna ~vill attach at 165 ft. & 148 ft. Mounting brackets will extend 15 in, oft-the tower structure Ne-,v antenna is 80 in. in height fro~ base to tip Required separation is l 2ft. 2in. between antennas Mechanical Data DB212 - 2 - C Antenna (omni) Height- 80in. Maxinaum Width (diameter) - .75 in~ Mounting Bracket - ! 5in ~ RCC Consultants, Inc. Decibel Products: The Products Attachment A 30 = 746 MHz Antenna Applications PDF D~*~asheet DB212-2-C Quasi-Omni Docibel Product~® Frequency (MHz) 42 - 50 Gain dBd/dBi 6/8.1 Horizontal BW(°) 181 Vertical BW(°) 30 Polarization Vertical Vertical Beam Tilt(°) 0 VSWR <1.5:1 Connector Type N Male Connector Location Bottom http://www~d~cibe~pr~ducts~c~m/pr~ductn~teb~kantenna2.asp?Param=M~de~Number&M.~. 3/25/2003 Decibel Products: The Products Attachment A 30 = 746 MHz Antenna Applications Quasi~mni Frequency (MHz) 42 - 50 Gain dBd/dBi 6/8.1 Horizontal BW(°) 181 Vertical BW(°) 30 Polarization Vertical Vertical Beam Tilt(°) 0 VSVVR <1.5:1 Connector Type N Male Connector Location Bottom http://www, decibelproducts.com/producmotebookantenna2.asp?Param=ModelNumber&M... 3/25/2003 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Public Hearing to approve Monticello Fire Station Gas Line Easement SUBJECT/PROPOSAL/REQUEST: Public hearing for the County to grant the City of Charlottesville a gas line easement at the Monticello Fire Station. STAFF CONTACT(S): Messrs. Tucker, Foley, Davis, Trank, Lilley AGENDA DATE: July 9, 2003 ITEM NUMBER: INFORMATION: INFORMATION: ACTION: X CONSENTAGENDA: ACTION: ATTACHMENTS: Deed of Easement w/Plat REVIEWED BY:_~ ~'~''~' / BACKGROUND: The City of Charlottesville has requested that the County grant it an easement to enable the placement ora gas line along the access road serving the new Monticello Fire station property owned by the County. This is a new gas line that serves the Fire Station and will serve other properties to be constructed in the future. DISCUSSION: The Virginia Code requires that the County hold a public hearing prior to authorizing the granting of an easement. RECOMMENDATION: After the public hearing, staff recommends approval of the proposed easement. 03.080 Prepared by Charlottesville City Attorney's Office Albemarle Co. Tax Map 91-2E THIS DEED OF EASEMENT made this day of ,2003, by and between the COUNTY OF ALBEMARLE, a political subdivision of the Commonwealth of Virginia, hereinafter "Grantor"; and the CITY OF CHARLOTTESVILLE, VIRGINIA, a municipal corporation, hereinafter "City", P. O. Box 911, Charlottesville, Virginia 22902, Grantee. WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00), receipt of which is hereby acknowledged, Grantor hereby GRANTS and CONVEYS with SPECIAL WARRANTY unto the City and its successors and assigns forever the following property: Permanent natural gas line easement (the singular term "easement" when used hereinafter to include the plural if applicable) for the installation, maintenance, operation, repair, replacement, and extension of natural gas facilities and of utility lines, pipes, and facilities connected therewith, which easement is beneath, upon, and over strips of land which are shown and designated as a shaded line on a certain plat entitled, "Plat Showing a Fifteen-Foot Wide Easement Hereby Dedicated to City of Charlottesville Public Utilities," by Thomas B. Lincoln, Land Survey Inc., dated August ! 4, 2002 and revised August 20, 2002, and to be recorded simultaneously herewith in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, to which plat reference is hereby made for a more particular description of the easements hereby conveyed. Said easement and right'of-way cross a portion of the property conveyed to Grantor by deed of Charles WM. Hurt and Shirley L. Fisher, Trustees for the Hillcrest Land Trust, and Hurt Investment Company, dated September 18, 1995 of record in the aforesaid Clerk's Office in Deed Book 1492, page 678. Grantor fm~er understands and agrees as follows: 1. All facilities, public works, and appurtenances which are installed within said easement now or in the future by or for the City shall be and remain the property of the City and no charge shall at any time be made by the Grantor for the use of the property occupied by the City or for the privilege of constructing, maintaining and operating said facilities and the necessary or appropriate appurtenances. 2. The City and its agems and employees for the purpose of inspecting, maintaining or operating its facilities shall have the right and easement of ingress and egress over any lands of the Grantor adjacent to the described easement between public or private roads and the described easement in such manner as shall occasion the least practicable damage and inconvenience to Grantor. 3. The City shall have the right to inspect, rebuild, repair, change, alter and install such additional or substitute lines or facilities within the easement herein granted as the City may from time to time deem advisable or expedient, and shall have such rights and privileges as may be reasonably necessary for the full enjoyment or use for any of the aforesaid purposes of the easement and rights herein granted. 4. The City shall have the right to trim, cut, and remove all trees, limbs, undergrowth, shrubbery, landscape plantings of any kind, fences, buildings, structures, paving, or other obstructions or facilities within said easement which it deems in any way to interfere with the proper and efficient construction, operation, and maintenance of the facilities in or on said easement. 5. The City shall repair any damage to property or facilities of the Grantor that arises out of the construction or use of any of the City's facilities. The City shall also repair or replace ground cover (pavement, gravel, or grass) existing on the said easement which may be disturbed, damaged, or removed as a result of the construction of any of the City's facilities, remove alt trash and other debris of construction or repair from the easement, and restore the surface thereof to its original condition as nearly as reasonably possible, all subject, however, to this exception, to-wit: that the City shall not be obligated to repair or replace ground cover when it would be inconsistent with the proper operation, maintenance or use of its facilities. 6. Grantor reserves the right to make use of the land subject to the rights herein granted, which use shall not be inconsistent with the rights herein conveyed or interfere with the use of the said easement by the City for the purposes aforesaid; provided, however, that all such use shall be at Grantor's risk unless prior written approval of City is obtained. 7. No third party shall be granted the right to use or shall use any part of the area within such easement for any purpose or in any manner until after a review and a finding by the City in writing that such use will not be in conflict with, or inconvenient to, the City's use thereof or the purpose for which such easement was granted. 8. Grantor has seen and carefully examined a copy of the hereinabove-described plat, is entirely familiar with the quantity of the land covered by this conveyance, and fully understands the effect that it will or might have on the value of the remaining property. 9. This instrument covers all the agreements between the parties and no representations or statements, verbal or written, have been made which are inconsistent with the terms of this deed. 10. To the extent permitted by law, Grantee agrees to indemnify and hold harmless Grantor, its officials, employees and representatives for any damages, losses or injuries to persons .or property arising out of Grantee's activities covered by this conveyance. The City of Charlottesville, acting by and through its City Attorney, the City official designated by the City Manager pursuant to authority granted by resolution of the City Council of the City of Charlottesville, does hereby accept the conveyance of this easement, pursuant to Virginia Code [3 15.2-1803, as evidenced by the City Attorney's signature hereto and the City's recordation of this deed. The County of Albemarle, by duly adopted resolution, has held a public hearing pursuant to Va. Code § 15.2-180003), has approved the conveyance of real estate memorialized by this deed of easement and has authorized the County Executive to execute this deed of easement on its behalf. This deed is exempt from state recordation taxes imposed by Virginia Code [3 58.1-801 pursuant to Virginia Code § 58.1-81 l(A)(3). WITNESS the following signatures and seals. Grantor: COUNTY OF ALBEMARLE, VIRGINIA By: Robert W. Tucker, Jr., County Executive Accepted by: CITY OF CHARLOTTESVILLE, VIRGINIA By: S. Craig Brown, City Attorney I LARRY W. DAVIS COUNTY ATTORNEY PHONE (434) 972-4067 FAX (434) 9724068 COUNTY OF ALBEMARLE Office of County Attorney 401 Mclntire Read Charlottesville. Virginia 22902-4596 MARK A. TRANK DEPUTY COUNTY ATI*ORNEY GREG KAMPTNER ANDREW H, HERRICK ASSISTANT COUNTY ATTORNEYS July lO, 2003 Barbara Renan, Paralegal Charlottesville City Attornev's Office P.O. Box 911 Charlottesville, VA 22902 Re: Monticello Fire Department Gas Line Easement Dear Barbara: Please find enclosed the original Deed for the above easement, which was approved by our Board of Supervisors on July 9, 2003. Please return a copy to me once it is fully endorsed. Sincerely, Marsha A. Davis Legal Services Assistant /md encl: Ron Lilley ! Ella Careyi/ Prepared by Charlottesville City Attorney's Office .Albemarle Co. Tax Map 91-2E THIS DEED OF EASEMENT made this 10th day of July ,2003, by and between the COUNTY OF ALBEMARLE, a political subdivision of the Commonwealth of Virginia, hereinafter "Grantor"; and the CITY OF CHARLOTTESVILLE, VIRGINIA, a municipal corporation, hereinafter "City", P. O. Box 911, Charlottesville, Virginia 22902, Grantee. WITNESSETH: That for end in consideration o£the sum of One' Dollar ($1.00), receipt of which is hereby acknowledged, Grantor hereby GRANTS and CONVEYS with SPECIAL WARRANTY unto the City and its successors and assigns forever the following property: Permanent natural gas line easement (the singular term "easement" when used- hereinafter to include the plural if applicable) for the installation, maintenance, operation} repair, replacement, and extension of natural gas facilities and of utility lines, pipes, and facilities connected therewith, which easement is beneath, upon, and over strips of land which are shown and designated as a shaded line on a certain plat entitled, "Plat Showing a Fifteen-Foot Wide Easement Hereby Dedicated to City of Charlottesville Public Utilities," by Thomas B. Lincoin, Land Survey Inc:, dated August 14, 2002 and revised August 20, 2002, and to be recorded simultaneously herewith in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, to which plat reference is hereby made for a more particular description of the easements hereby conveyed. Said easement and right-of-way cross a portion of the property conveyed to Grantor by deed of Charles WM. Hurt and Shirley L. Fisher, Trustees for the Hillcrest Land Trust, and Hurt Investment Company, dated September 18, 1995 of record in the aforesaid Clerk's Office in Deed Book 1492, page 678. Grantor further understands and agrees as follows: 1. All facilities, public works, and appurtenances which are installed within said easemeni now or in the future by or for the City shall be and remain the property of the City and no charge shall at any time be made by the Grantor for the use of the property occupied by the City or for the privilege of constructing, maintaining and operating said facilities and the necessary or appropriate appurtenances. 2. The City and its agents and employees for the purpose of inspecting, maintaining or operating its facilities shall have the right and easement of ingress and egress over any lands of P~el the Grantor adjacent to the described easement between public or private roads and the described easement in such manner as shall occasion the least practicable damage and inconvenience to Grantor. 3. The City shall have the right to inspect, rebuild, repair, change, alter and install such additional or substitute 'lines or facilities within the easement herein granted as theCity may from time to time deem advisable or expedient, and shall have such rights and privileges as may be reasonably necessary for the full enjoyment or use for any of the aforesaid purposes ofthe easement and rights herein granted. 4. The City shall have the right to. trim, cut, and remove.all trees, limbs, undergrowth, shrubbery, landscape plantings of any kind, fences, buildings; structures, paving, or other obstructions or facilities within said easement which it deems in any way to interfere with the proper and efficient construction, operation, and maintenance of the facilities in or on said easement. 5. The City shall repair any damage to property or facilities of the Grantor that arises out of the construction or use of any of the City's facilities. The City shall also repair or replace ground cover (pavement, gravel, or grass) existing on the said easement which may be disturbed, damaged, or removed as a result of the construction of any of the City's facilities, remove all trash and other debris of construction or repair from the easement, and restore the surface thereof to its original condition as nearly as reasonably possible, all subject, however, to this exception, to-wit: that the City shall not be obligated to repair or replace ground cover when it would be inconsistent with the proper operation, maintenance or use of its facilities. 6. Grantor reserves the right to make use of the land subject to the rights herein granted, which use shall not be inconsistent with the rights herein conveyed or interfere with the use of the said easement by the City for the purposes aforesaid; provided, however, that all such use shall be at Grantor's risk unless prior written approval of City is obtained. 7. No third party shall be granted the right to use or shall use any parr of the area within such easement for any purpose or in any manner until after a review and a finding by the City in writing that such use will not be .in conflict with, or inconvenient to, the City's use thereof or the Page2 Accepted by: purpose for which such easement was granted. 8. Grantor has seen and carefully examined a copy of the hereinabove-described plat, is entirely familiar with the quantity of the land covered by this conveyance, and fully understands the effect that it will or might have on the value of the remaining property.. 9. This instrument covers ali the agreements between the parties and no representations or statements, verbal or written, have been made which are inconsistent with the terms of this deed. 10. To the extent permitted by law, Grantee agrees to indemnify and hold harmless Grantor, its officials, employees and representatives -for any. damages, losses or injuries to persons or property arising out of Grantee's activities covered by this conveyance. The City of Charlottesville, acting.by and through its City Attorney, the 'City official designated by the City Manager pursuant to authority granted by resolution of the City Council of the City of Charlottesville, does hereby accept the conveyance of this easement,'pursuant to Virginia Code § 15.2-1803, as evidenced by the City Attorney's signature hereto and the City's recordation of this deed. The County of Albemarle, by duly adopted resolution, has held a public hearing pursuant to Va. Code § 15.2-1800(B), has approved the conveyance of real estate memorialized by this deed of easement and has authorized the County Executive to execute this deed of easement on its behalf. This deed is exempt from state recordation taxes imposed by Virginia Code § 58.1-801 pursuant to Virginia Code ~§ 58.1-8 i i (A)(3): WITNESS the following signatures and seals. Grantor: COUNTY~ ALBEM&RI .~ VIRGINIA CITY OiF CHARLOTTESVILLE, VP~..~IA By: .k~t.~ ~_., S. Craig l~¢n, City Attorney P~e3 STATE OF VIRGINIA CITY/COUNTY OF Albemarle The foregoing instrument was acknowledged before me on this 10th day of July 2003, by Robert W. Tucker, Jr., County Executive, on behalf Of Grantor. My commission expires: June 30, 2005 ~o~ary 1/ublic- STATE OF VIRGINIA CITY OF CHARLOTTESVILLE The foregoing instmmem was acknowledged before me on this /~'+~day of ~-c~ 2003, by S. Craig Brown, City Attorney, on behalf of the City of Charlottesville, Virginia. My commission expires: Notary Public Approved as to Form: Albemarle County Attorney Page 4 · C-0 ~z~>o=o>.m ~r-o_~o~o~;m'-'.'~ 0~mm~-~ m 0~r"~O~Oc___~_.<~.-.'~, .~-:o>_< =m >,,= ~.~'~-103C:'n r-3:: oZo°=~'~=--'~>°='~>~"= ~ ~_O.<_~_~O_O~O~ -~ <0 :>----r~:> ~63 Z'~-- m Z'~'' Omit---- ' C --{ I-- "0 ~ ITl o_o~mo~~ ~ r- m ;> Zl-- LARRY W. DAVIS COUNTY A FrORNE'%' PHONE (434) 972-4067 FAX !434) 972-4068 COUNTY OF ALBEMARLE Office of County Attorney 401 Mclntire Road Charlottesville, Virginia 22902-4596 JUly t 0, 2003 DEPUTY COUNTY A'FFORNEY GREG KAMPTNER ANDREW H, HERRICK ASSISTANT COUNTY A'I-rORNEYS Barbara Ronan, Paralegal Charlottesville City Attorney's Office P.O. Box 911 Charlottesville, VA 22902 Re: Monticello Fire Department Gas Line Easement Dear Barbara: Please find enclo;ed the original Deed for the above easement, which .was approved by our Board of Supervisors on July 9, 2003. Please remm a copy to me once it is fully endorsed. Sincere~ly, Marsha A. Davis Legal Services Assistant /md encl: Ron Lilley Ella Carey Prepared by Charlottesville City Attorney's Office Albemarle Co. Tax Map 91-2E THIS DEED OF EASEMENT made this 10th day of July ,2003, by and between the COUNTY OF ALBEMARLE, a political subdivision of the Commonwealth of Virginia, hereinafter "Grantor"; and the CITY OF CHARLOTTESVILLE, VIRGINIA, a municipal corporation, hereinafter "City", P. O. Box 911, Charlottesville, Virginia 22902, Grantee. ,.WlTNESSETH: That for and in consideration of the sum of One Dollar ($1.00), receipt of which is hereby acknowledged, Grantor hereby GRANTS and CONVEYS with SPECIAL WARRANTY unto the City and its successors and assigns forever the following property: Permanent natural gas line easement (the singular term "easement" when used hereinafter to include the plural if applicable) for the installation, maintenance, operation, repair, replacement, and extension of natural gas facilities and of utility lines, pipes, and facilities connected therewith, which easement is beneath, upon, and over strips of land which are shown and designated as a shaded line on a certain plat entitled, "Plat Showing a FifteenZFoot Wide Easement Hereby Dedicated to City of Charlottesville Public Utilities," by Thomas B. Lincoln, Land Survey Inc., dated August 14, 2002 and revised August 20, 2002, and to be recorded simultaneously herewith in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, to which plat reference is hereby made for a more particular description of the easements hereby conveyed. Said easement and right-of-way cross a portion of the property conveyed to Grantor by deed of Charles WM. Hurt and Shirley L. Fisher, Trustees for the Hillcrest Land Trust, and Hurt Investment Company, dated September 18, 1995 of record in the aforesaid Clerk's Office in Deed Book 1492, page 678. Grantor further understands and agrees as follows: 1. All facilities, public works, and appurtenances which are installed within said easement now or in the future by or for the City shall be and remain the property of the City and no charge shall at any time be made by the Grantor for the use of the property occupied by the City or for the privilege of constructing, maintaining and operating said facilities and the necessary or appropriate appurtenances. 2. The City and its agents and employees for the purpose of inspecting, maintaining or operating its facilities shall have the right and easement of ingress and egress over any lands of P~el the Grantor adjacent to the described easement between public or private roads and the described easement in such manner as shall occasion the least practicable damage and inconvenience to Grantor. 3. The City shall have the right to inspect, rebuild, repair, change, alter and install such additional or substitute lines or facilities within the easement herein granted as the City may from time to time deem advisable or expedient, and shall have such rights and privileges as may be reasonably necessary for the full enjoyment or use for any of the aforesaid purposes of the easement and rights herein granted. 4. The City shall have the right to trim, cut, and remove all trees, limbs, undergrowth, shrubbery, landscape plantings of any kind, fences, buildings, structures, paving, or other obstructions or facilities within said easement which it deems in any way to interfere with the proper and efficient construction, operation, and maintenance of the facilities in or on said easement. 5. The City shall repair any damage to property or facilities of the Grantor that arises out of the construction or use of any of the City's facilities: The City shall also repair or replace ground cover (pavement, 'gravel, or grass) existing on the said easement which may be disturbed, damaged, or removed as a result of the construction of any of the City's facilities, remove all trash and other debris of construction or repair from the easement, and restore the surface thereof to its original condition as nearly as reasonably possible, all subject, however, to this exception, to-wit: that the City shall not be obligated to repair or replace ground cover when it would be inconsistent with the proper operation, maintenance or use of its facilities. 6. Grantor reserves the right to make use of the land subject to the rights herein granted, which use shall not be inconsistent with the rights herein conveyed or interfere with the use of the said easement by the City for the purposes aforesaid; provided, however, that all such use shall be at Grantor's risk unless prior written approval of City is obtained. 7. No third party shall be granted the right to use or shall use any part of the area within such easement for any purpose or in any manner until after a review and a finding by the City in writing that such use will not be in conflict with, or inconvenient to, the City's use thereof or the Page 2 purpose for which such easement was granted. 8. Grantor has seen and carefully examined a copy of the hereinabove-described plat, is entirely familiar with the quantity of the land covered by this conveyance, and fully understands the effect that it will or might have on the value of the remaining property. 9. This instrument covers all the agreements between the parties and no representations or statements, verbal or written, have been made which are inconsistent with the terms of this deed. 10. To the extent permitted by law, Grantee agrees to indemnify and hold harmless Grantor, its officials, employees and representatives for any damages, losses or injuries to persons or property arising out of Grantee's activities covered by this conveyance. The City of Charlottesville, acting by and through its City Attorney, the City official designated by the City Manager pursuant to authority granted by resolution of the City Council of the City of Charlottesville, does' hereby accept the conveyance of this easement, pursuant to Virginia Code § 15.2-1803, as evidenced by the City Attorney's signature hereto and the City's recordation of this deed. The County of Albemarle, by duly adopted resolution, has held a public hearing pursuant to Va. Code § 15.2-1800(B), has approved the conveyance of real estate memorialized by this deed of easement and has authorized the County Executive to execute this deed of easement on its behalf. This deed is exempt from state recordation taxes imposed by Virginia Code ~ 58.1-801 pursuant to Virginia Code § 58.1-811 (A)(3). WITNESS the following signatures and seals. Grantor: COUNTY/I~ ALBEMARLK.- VIRGINIA.._. B/ Rdlert W. Tuc~ County E~kcfl/t,i~j CITY ~ CHARLOTTESVILLE, VI~NIA Accepted by: By: S. Craig Brown, City Attorney Page 3 STATE OF VIRGINIA CITY/COUNTY OF Albemarle The foregoing instrument was acknowledged before me on this 10th day of July 2003, by Robert W. Tucker, Jr., County Executive, on behalf of Grantor. My commission expires: June 30, 2005 ~No~ary 15ublic- STATE OF VIRGINIA CITY OF CHARLOTTESVILLE The foregoing instrument was acknowledged before me on this day of 2003, by S. Craig Brown, City Attorney, on behalf of the City of Charlottesville, Virginia. My commission expires: Notary Public Approved as to Form: Albemarle County Attorney Page 4 Draft: 07/03/03 ORDINANCE NO. 03-3( ) AN ORDINANCE TO AMEND AND REORDAIN ARTICLE II, DISTRICTS OF STATEWIDE SIGNIFICANCE, OF CHAPTER 3, AGRICULTURAL AND FORESTAL DISTRICTS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA. BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that Article II, Districts of Statewide Significance, of Chapter 3, Agricultural and Forestal Districts, of the Code of the County of Albemarle, Virginia, is hereby amended and reordained as follows: By amending: Sec. 3-217 Ivy Creek Agricultural and Forestal District ARTICLE II. DISTRICTS OF STATEWIDE SIGNIFICANCE DIVISION 2. DISTRICTS Sec. 3-217 Ivy Creek Agricultural and Forestal District. The district known as the "Ivy Creek Agricultural and Forestal District" consists of the following described properties: Tax map 44, parcels 20, 20A, 20B, 20C, 20D, 20E, 20F, 20G, 21, 21D, 35, 35A; tax map 45, parcels 3C, 5F, 5F4, 7A. This district, created on November 2, 1988 for not more ears~ ......................... a ~., ..... o .................. ...4^. ,.. Februa:3- 14, ,aa~ since amended at its last review on July 9, 2003 to continue for not more than 10 years, shall next be reviewed prior to July 9. 2013. (4-14-93; 2-14-96; Code 1988, § 2.1-4(n); Ord. 98-A(1), 8-5-98) I, Ella W. Carey, do hereby certify that the foregoing writing is a tree, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded below, at a regular meeting held on Mr. Bowerman Ms. Dorrier Mr. Martin Mr. Perkins Mr. Rooker Ms. Thomas Aye Nay Clerk, Board of County Supervisors