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HomeMy WebLinkAbout2000-05-17 ACTIONS Board of Supervisors Meeting of May 17, 2000 May 23, 2000 AGENDA ITEM/ACTION 1. Call to order. 4. Others Matters Not Listed on the Agenda from the Public. None. 5.1. Set public hearing to amend Chapter 15, Article XII, Prepared Food and Beverage Tax. SET PUBLIC HEARING for 6/7100. 5.2. Additional FY 1999/2000 Revenue Sharing Funds. APPROVED. 5.3. Proclamation recognizing Million Mom March. REMOVED FROM AGENDA. 5.4. Additional Funding for Positions and Equipment in the Sheriff's Office for FY 2000/01. APPROVED. 5.5. Request for Resolution from Mecklenburg County to support one percent increase in the general retail sales tax. DENIED REQUEST. 5.6. Resolution in Support of Rivanna Solid Waste Authority. 6. SP-00-003. Charlottesville Broadcasting (Signs #51,52&53). APPROVED WITH 8 CONDITIONS AS AMENDED BY THE BOARD (Attachment A). 7. SP-99-74. Townwood Mobile Home Park (Signs #75&76). DEFERRED TO CONSENT 6/7/00 CONSENT AGENDA. 8. SP-99-77. Evergreen Baptist Church (Sign #84). APPROVED WITH t3 CONDITIONS AS AMENDED BY THE BOARD (see attachment 9. SP-00-002. Unity Church (Sign #99). APPROVED WITH 8 CONDITIONS (attachment A). 10. SP-00-006. University of Virginia Community Credit Union (Signs ~42&43). APPROVED WITH 2 CONDITIONS (attachment A). 11. SP-00-008. Blue Ridge Garden Market-Country Store (Sign ~45). DENIED. 12. SP-00-009. Blue Ridge Garden Market -Outdoor Storage (Sign #46). DENIED. ASSIGNMENT Meeting was called to order at 7:03 p.m., by the Chairman. All DOS members present. Clerk: Laurie Bentley. Clerk: Advertise public hearing for 6/7J00. Clerk: Prepare memo for Chairman's signature, send to J. Givens at VDOT. Budf:let Manat:ler: Reflect in Operating Budget Resolution of Appropriation on 6/7/00. Clerk: Forward signed resolution to A. Petrini at RSWA. Clerk: List conditions. Clerk: Provide W. Cilimberg a transcription of Board discussion on this item, specifically Board members' comments regarding conditions recommended by the Planning Commission. Plannin,q staff: Provide revised conditions to the Clerk, to be placed on the 6/7/00 consent agenda. Clerk: List conditions. Clerk: List conditions. Clerk: List conditions. 13. Discussion: Morgantown Road Closure. APPROVED STAFF Plannin~l staff: Complete cut-through policy RECOMMENDATION TO ALLOW PLANNING STAFF TO evaluation and present report in Fall 2000. COMPLETE CUT-THROUGH POLICY EVALUATION AND PRESENT A REPORT IN THE FALL 2000. 15, Other Matters not Listed on the Agenda from the Board: · Mr. Davis presented a resolution to waive burning permit fees that came about as the result of the May 13, 2000 storm. ADOPTED, · Mr. Dorrier asked that staff review the burning permit fee policy Clerk: Forward signed resolution to C. Pumphrey of Fire Rescue and copy A. McCulley of Building Codes & Zoning Services. Assistant County Executive staff and Fire Rescue to consider exempting fees for agricultural use. · It was the consensus of the Board to have staff prepare a resolution recognizing members of the public for their efforts following the May 13,. 2000 storm. 16. Adjourn at 10:00 p,m. staff: Review burning policy and present findings and recommendations to the Board. Clerk and Community Relations Officer: Draft resolution of appreciation for the Board's approval. Attachment A - Conditions ARenda Item No. 6. SP-00-003. Charlottesville Bmadcastinfl (Siflns #51,52&53). o Tower height shall be limited to five-hundred-twenty (520) feet; The tower shall be designed so that, in the event of a structure failure, the tower and all of its components will remain within the property; All antennas located on the existing tower may be relocated to the new tower. Additional antennas may be attached to the tower as follows: a. Omnidirectional or whip antennas shall not e~eed twenty (20) feet in height or seven (7) inches in diameter, and shall be of a color which matches the tower; b. Directional or panel antennas shall not exceed eight (8) feet in height or two (2) feet in width, shall be of a color which matches the tower and shall be below three-hundred-forty-five (345) feet in height; c. Satellite and microwave dish antennas are prohibited; d. Antennas may be installed in addition to those installed by the permittee when the tower is first constructed without amending this special use permit, provided that all necessary building permits are obtained from the Building Official and the antennas otherwise comply with these conditions; and e. All antenna shall be located such that no portion of the antennas is more than two (2) feet from the tower structure. The tower shall be used, or have the potential to be used, for the co-location of wireless telecommunications providers, as follows: a. The permittee shall allow wireless telecommunications providers to locate antennas on the tower and equipment on site, subject to this condition: (1) The permittee shall provide to the County, upon request, verifiable evidence that it has made a good faith effort to allow such location. Verifiable evidence of a good faith effort includes, but is not limited to, evidence that the permittee has offered to allow other providers to locate on the tower and site in exchange for reciprocal rights on a tower and site owned or controlled by another provider within Albemarle County; Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a hor'~.ontal plane running through the lowest part of the shield or shielding part of the luminaire. For purposes of this condition, a luminaire is a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to a power supply. All lighting shall be shielded from public roads. Outdoor lighting, other than the tower lighting, shall only be during periods of maintenance; The permittee shall comply with Section 5.1.12 of the Zoning Ordinance; The permittee shall obtain Engineering Department approval of the tower design pdor to receiving a building permit. The Engineering Department shall review the tower design to ensure that the design is adequate due to its location within the flood plain; and, The guy wires for the tower shall be located in such a manner as to not interfere with the proposed Meadow Creek segment of the Rivanna Greenway Trails. This shall be verified by Department of Planning and Community Development review of the building permit. ARenda Item No. 8. SP-99-77. Eve~reen Baptist Church (SiRn #84). This permit is issued for church use only; Total building square footage shall be limited to eight thousand (8,000) gross square feet and have an assembly area of no more than three hundred (300) seats; No school or day care usage is allowed. Any future school or day care usage will require an amendment to this special use permit; The church shall not demolish and shall maintain the existing historical barn so as to preserve its current condition. However, if the barn is damaged by a natural event such o o o 10. 11. 12. 13. as a hurricane or tornado to the extent that it is a safety hazard, then the church reserves the right to eliminate the safety hazard including, if necessary, demolishing the barn; The barn may be used for supportive purposes directly related to the church use or activity. Uses other than storage may require an amendment to this special use permit and/or site plan and building permit approvals; The building setback shall follow the existing building footprint on the northwest side as shown on the Site Plan entitled "Preliminary Site Plan for Evergreen Baptist Church"; The applicant shall install screening shrubbery along the southern side of the travelway and parking areas, which shall be reviewed and approved by the Department of Planning and Community Development during review of the Final Site Plan; The applicant shall install screening trees along the northern property boundary in the area of the proposed building and parking, which shall be reviewed and approved by the Department of Planning and Community Development during the review of the Final Site Plan. This requirement can be waived if the northern adjacent property owner (Tax Map 46, Parcel 38B) submits a letter stating that such landscaping is not required; The existing entrance shall be removed entirely and its use shall be discontinued unless VDOT permits the entrance to remain as a gated entrance. The church shall be accessed only by a new entrance that is aligned with Payne Jackson Drive and approved by VDOT; The applicant shall install a one hundred (100)-foot right-tum lane with a one hundred (100)-foot taper as shown on the Site Plan entitled "Preliminary Site Plan for Evergreen Baptist Church", and dated March 17, 2000; The applicant shall have two (2) years to begin construction from the approval date of this special use permit. The applicant shall have an additional year to complete the construction once it has commenced; Health Department approval of well capacity, and primary and reserve drainfields; and Documentation of the historical barn will be done with the assistance of staff before moving forward. ARenda Item No. 9. SP-O0-O02. Unity Church (SiRn #99). 3. 4. 5. 6. 7. 8. Use shall be limited to a maximum two hundred (200)-seat sanctuary and use of the existing building 2 for youth activities normally associated with a church use; Construction of the two hundred (200)-seat sanctuary shall commence within four (4) years or approval for the new structure shall expire; New approval of septic system from the Health Department; The church will be developed in general accord with the conceptual plan found on Attachment F of the staff report (copy on file in the Clerk's office); The property may not be further divided; There shall be only one (1) residential dwelling on this property; Any expansion of, or addition to, the uses, activities or structures outlined in this staff repOrt shall require additional review and approval by the Board of Supervisors; and, Development shall be subject to review of and issuance of a Certificate of Appropriateness by the Architectural Review Board. A,qenda Item No. 10. SP-00,006. University of VirRinia Community Credit Union (Siflns #42&43). 1, 2. Drive-through windows will be limited to four (4)-Three (3) traditional and one (1)ATM window; and 'Screening shrubs shall be planted along the residential side of the parking area (along Route 250). COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Amendment of Chapter 15, Article XII. Prepared Food and Beverage Tax. SUBJECT/PROPOSAL/REQUEST: AuthOrization of public hearing to amend prepared food and beverage tax. STAFF CONTACT(S): MessrS. Tucker, White, Gulati, Breeden, Davis BACKGROUND: AGENDA DATE: May 17, 2000 ACTION: CONSENT AGENDA: ITEM NUMBER: INFORMATION: ACTION: X INFORMATION: ATTACHMENTS: draft ordinance; legislation REVIEWED BY: _~~ / The 2000 Virginia General Assembly amended the enabling authority for a county food and beverage tax in regard to alcoholic beverages and food and beverages sold at grocery store delicatessens and convenience stores. This amendment requires the County to amend its Prepared Food and Beverage Tax effective July 1,2000, in order to comply with the State Code. DISCUSSION: The County's Prepared Food and Beverage Tax currently applies to prepared sandwiches and single meal platters sold in grocery store delicatessens and convenience stores, and includes a tax on any beverage sold in conjunction with such items. The amendment to Virginia Code Section 58.1-3833, effective July 1, 2000, no longer allows the County to tax single meal platters at such sites and prohibits the tax on alcoholic beverages sold in factory sealed containers and purchased for off-premises consumption. In addition, Section 58.1-3833 provides that no tax can be levied on "food" as defined in the Food Stamp Act of 1977 except for sandwiches, salad bar items sold from a salad bar, prepackaged single-serving salads consisting primarily of an assortment of vegetables, and non-factory sealed beverages. The attached ordinance would amend the County's Prepared Food and Beverage Tax to conform with Virginia Code Section 58.1-3833, as amended. RECOMMENDATION: Staff recommends that the Board authorize that the attached ordinance be set for a public hearing on June 7,2000. 00.096 TO: FROM: DATE: COUNTY OF ALBEMARLE MEMORANDUM Board of Supervisors Robert W. Tucker, Jr., County Executive Larry W. Davis, County Attorney May 17, 2000 Prepared Food and Beverage Tax, Consent Agenda Item # 5.1 Attached is a revised draft ordinance. Please insert this in your Board packets under Consent Agenda Item #5.1 and remove the previous draft. cc: Melvin A. Breeden DRAFT: May 16, 2000 ORDINANCE NO. 00-15( ) AN ORDINANCE TO AMEND AND REORDAIN ARTICLE XII, PREPARED FOOD AND BEVERAGE TAX, OF CHAPTER 15, TAXATION, 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 XII, Prepared Food and Beverage Tax, of Chapter 15, Taxation, of the Code of the County of Albemarle, Virginia, is hereby amended and reordained by amending Section 15- 1200, Definitions, and Section 15-1202, Exemptions, as follows: See. 15-1200 Definitions. The following words and phrases, when used in this article, shall have, for the purposes of this article, the following respective meanings except where the context clearly indicates a different meaning: (1) Beverage: The term "beverage" means any alcoholic beverages as defined in Virginia Code § 44(-g) 4,1-100 and nonalcoholic beverages, any of which are served as part of a meal:, excluding alcoholic beverae, es sold in .factory. sealed containers and purchased for off- premises consumption. (2) Caterer: The term "caterer" means a person who furnishes food on the premises of another for compensation. (3) Director of Finance: The term "director of finance" means the director of finance of the coumy and any of his duly authorized deputies, assistants, employees or agents. (4) Food: The term "food" means any and all edible refreshments or nourishment, liquid or otherwise, including beverages as herein defined, purchased in or from a restaurant or from a caterer, except snack foods. (5) Person: The term "person" means any individual, corporation, company, association, firm, partnership or any group of individuals acting as a unit. (6) Purchaser: The term "purchaser" means any person who purchases food in or from a restaurant or from a caterer. (7) Restaurant: The term "restaurant" means: (a) Any place where food is prepared for service to the public whether on or off the premises, including a delicatessen counter at a eroce~ store or convenience store selling prepared foods ready for human consumotion; or (b) Any place where food is served to the public. Examples of a restaurant include, but are not limited to, a dining room, grill, coffee shop, cafeteria, cafe, snack bar, lunch counter, lunchroom, short-order place, tavern, delicatessen, DRAFT: May 16, 2000 confectionery, bakery, eating house, eatery, drugstore, catering service, lunch wagon or truck, pushcart or other mobile facility that sells food, and a dining facility in a public or private school or college. (8) Seller: The term "seller" means any person who sells food in or frOm a restaurant or as a caterer. (9) Snack food: The term "snack food" means chewing gum, candy, popcorn, peanuts and other nuts, and unopened prepackaged cookies, donuts, crackers, potato chips and other items of essentially the same nature and consumed for essentially the same purpose. (§ 8-75, 12-10-97; Code 1988, § 8-75; Ord. 98-A(1), 8-5-98) Sec. 15-1202 Exemptions. The following purchases of food shall not be subject to the tax under this article: A. r:^..a ~a ~. ....... : ~ ~ .... Any food or food omduct ~c~ed for home co~m~tion ~ defined ~ ~e federal Food Stmo Act of 1977, 7 U,S,C, ~ 2012..or mended, exc~ for ~ s~dwicMs ~ aL~gle ~ -~-~ ...... a-' ........ ~ ........... ~ for h~n ........ ~; .... ~ "~ ~ ~:~* .......... ~- sa~d b~ ke~ sold ~om a sa~d b~ pr~ac~ed s~gle-se~g salads comist~g ~r~ily of an assortment of vegetables, ~d non-~ctou ~aled ~verages. T~ exemption does not ~chde hot food or hot food ~oducts reMy for mediae commotion, B. Food and beverages sold throUgh vending machines. C. Food for use or consumption by the C°mmonweakh, any political subdivision of the Commonwealth or the United States. D. FOod sold by nonprOfit cafeterias in public schools, nursing homes and hospitals. E. Food sold by churches, fraternal, school and social organizations and volunteer fire departments and rescue squads which hold occasional dinners and bazaars of one-day or two-day duration, at which food prepared in the homes of members or in the kitchen of the organi?ation is offered for sale to the public. F. Food furnished by churches which serve meals for their members as a regular part of their religious observance. G. Food furnished by boardinghouses that do not accommodate transients, H. Food sold by cafeterias operated by industrial plants for employees only. I. Food furnished by a hospital, medical clinic, convalescent home, nursing home, home for the aged, infirm or handicapped or other extended care facility to patients or residents thereof. 2 DRAFT: May 16, 2000 J. Food furnished by a nonprofit charitable organization to elderly, inf'n-n~ handicapped or needy persons in their homes or at central locations. K. Food sold by a nonprofit educational, charitable or benevolent organization on an occasional basis as a fund-raising activity or food sold by a church or religious body on an occasional basis. L. Food furnished by restaurants to employees as part of their compensation when no charge is made to the employee. M. Any other sale of food which is exempt from taxation under the Virginia Retail Sales and Use Tax Act, or administrative rules and regulation issued pursuant thereto. (§ 8-77, 12-10-97; Code 1988, § 8-77; Ord. 98-A(1), 8-5-98) This ordinance shall be effective on and after July 1, 2000. 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 Ms. Humphris Mr. Martin Mr. Perkins Ms. Thomas Aye Nay Clerk, Board of County Supervisors 3 - ~ 2000 session http://leg I .state.va.us/cgi-bin/legp504.exe?001 +fuI+CHAP062{ summary I pdf CHAPTER 626 amend and reenact ~ff 58.1-3833 and 58.1-3840 of the Code of Virginia, relating to local meals tax. IH 255] Approved April 8, 2000 Be it enacted by the General Assembly of Virginia: 1. That §5 58.1-3833 and 58.1-3840 of the Code of Virginia are amended and reenacted as follows: § 58.1-3833. County food and beverage tax. A. Any county is hereby authorized to levy a tax on food and beverages sold, for human consumption, by a restaurant, as such term is defined in subdivision 9 of § 35.1-1, not to exceed eight and one-half percent, when added to the state and local general sales and use tax, of the amount charged for such food and beverages. Such tax shall not be levied on food and beverages sold through vending machines or by any person described in subdivisions 1, 2, 3, and 5 of § 35.1-25, as well as nonprofit cafeterias in public schools, nursing homes, and hospitals. Grocery stores and convenience stores selling prepared foods ready for human consumption at a delicatessen counter shall be subject to the tax, for that portion of the grocery store or convenience store selling such items. ~r~.~ ..~ ~vwc~"~ _.~'~ ,.~ ......... ~-~,~ ,~..~ .~-':~'~..~ ~.. ..... ...~ ~'~ ~y This tax shall be levied only if the tax is approved in a referendum within the county which shall be held in accordance with § 24.2.-6.84 and initiated either by a resolution of the board of supervisors or on the filing of a petition signed by a number of registered voters of the county equal in number to ten percent of the number of voters registered in the county, as appropriate on January 1 of the year in which the petition is filed with the court of such county. The clerk of the circuit court shall publish notice of the election in a newspaper of general circulation in the county once a week for three consecutive weeks prior to the election. If the voters affirm the levy of a local meals tax, the tax shall be effective in an amount and on such terms as the governing body may by ordinance prescribe. The term "beverage" as set forth herein shall mean alcoholic beverages as defined in § 4.1-100 and nonalcoholic beverages served as part of a meal. The tax shall be in addition to the sales tax currently imposed by the county pursuant to the authority of Chapter 6 (§ 58.1-600 et seq.) of this title. Collection of such tax shall be in a manner prescribed by the governing body. B. Notwithstanding the provisions of subsection A of this section, any county with a population of at least 70,000 but no more than 100,000, any county with a population of at least 17,910 but no more than 18,000, any county with a population of at least 34,000 but no more than 34,400, and any county having a county manager plan of government are hereby authorized to levy a tax on food and beverages sold for human consumption by a restaurant, as such term is defined in § 35.1-1 and as modified in subsection A above and subject to the same exemptions, not to exceed four percent of the amount charged for such food and beverages, provided that the governing body of the respective county holds a public hearing before adopting a local food and beverage tax, and the governing body by unanimous vote adopts such tax by local ordinance. The tax shall be effective in an amount and on such terms as the governing body may by ordinance prescribe. C. Nothing herein comalned shall affect any authority heretofore granted to any county, city or town to levy a meals tax. The county tax limitations imposed pursuant to § 58.1-3711 shall apply to any tax levied under this section, mutatis mutandis. All food and beverage tax collections and all meals tax collections shall be deemed to be held in trust for the county, city or town imposing the applicable tax. D. No county which has heretofore adopted an ordinance pursuant to sUbsection A of this section shall be required to submit an amendment to its meals tax ordinance to the voters in a referendum. 1 of 2 5/8/00 2:22 PM Bill Tr~king - 2000 session http://legl.state.va.us/cgi-bin/legp504.exe?001+ful+CHAP062~ E. Notwithstanding any other provision of this section, no locality shall levy any tax under this Section upon alcoholic beverages soM in factory sealed containers and purchased for off-premises consumption or food purchased for human consumption as "food" is defined in the Food Stamp Act of 1977, 7 U.S.C. § 2012, as amended, and federal regulations adopted pursuant to that act, except for the following items: sandwiches, salad bar items sold from a salad bar, prepackaged single-serving salads consisting primarily o fan assortment of vegetables, and nonfactory sealed beverages. § 58.1-3840. Certain excise taxes permitted. The provisions of Chapter 6 (§ 58.1-600 et seq.) of this title to the contrary notwithstanding, any city or town having general taxing powers established by charter pursuant to or consistent with the provisions of § 15.2-1104 may impose excise taxes on cigarettes, admissions, transient room rentals, meals, and travel campgrounds, provided that no such taxes may be imposed on food and beverages sold through vending machines or on any tangible personal property purchased with food coupons issued by the United States Department of Agriculture under the Food Stamp Program or drafts issued through the Virginia Special Supplemental Food Program for Women, Infants, and Children. In addition, as set forth in § 63.1-164, no blind person operating a vending stand or other business enterprise under the jurisdiction of the Department for the Visually Handicapped and located on property acquired and used by the United States for any military or naval purpose shall be required to collect and remit meals taxes. Notwithstanding any other provision of this section, no city or town shall levy any tax under this section upon alcoholic beverages sold in factory sealed containers and purchased for off-premises consumption or food purchased for human consumption as "food" is defined in the Food Stamp Act of 1977, 7 U.S.C. § 2012, as amended, and federal regulations adopted pursuant to that act, except for the following items: sandwiches, salad bar items soM from a salad bar, prepackaged single-serving salads consisting primarily of an assortment of vegetables, and nonfactory sealed beverages. 2. That the Commission on Virginia's State and Local Tax Structure for the 21 st Century be directed to study the fiscal impact on localities if they were required to compensate businesses that collect the meals tax or food and beverages tax by allowing the businesses to retain a percentage of the revenue collected. In conducting the study, the Commission shall consult with the Virginia Municipal League, the Virginia Association of Counties and all interested industry groups. ..~Go to (General Assembly Home) 2 of 2 5/8/00 2:22 PM Bill Tr,acking - 2000 session http://legl.state.va.us/cgi-bin/legp504.exe?001+ful+CHAP030( summary [ pdf CHAPTER 300 An Act to amend and reenact ~ 15. 2-1246 of the Code of Virginia, relating to claims against counties. [H 953] Approved April 3, 2000 Be it enacted by the General Assembly of Virginia: 1. That § 15.2-1246 of the Code of Virginia is amended and reenacted as follows: § 15.2-1246. Appeal from disallowance of claim. When a claim of any person against a county is disallowed in whole or in part by the governing body, if such person is present, he may appeal from the decision of the governing body within thirty days from the date of the decision. If the claimant is not present, the clerk of the governing body shall serve a written notice of the disallowance on him or his agent, and he may appeal ~M~,~,om~from the decision within thirty days after service of such notice. In no case shall the appeal be taken after the lapse of six months from the date of the decision. The appeal shall be filed with the circuit court for the county. No appeal shall be allowed unless the amount disallowed exceeds ten dollars. The disallowance may be appealed by serving written notice on the clerk of the governing body and executing a bond to the county, with sufficient surety to be approved by the clerk of the governing body, with condition for the faithful prosecution of such appeal, and the payment of all costs imposed on the appellant by the court. Go to (General Assembly Home) 1 of 1 5/8/00 2:48 PM DRAFT: May 10, 2000 ORDINANCE NO. 00-15( ) AN ORDINANCE TO AMEND AND REORDAIN ARTICLE XII, PREPARED FOOD AND BEVERAGE TAX, OF CHAPTER 15, TAXATION, 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 XII, Prepared Food and Beverage Tax, of Chapter 15, Taxation, of the Code of the County of Albemarle, Virginia, is hereby amended and reordained by amending Section 15- 1200, Definitions, and Section 15-1202, Exemptions, as follows: Sec. 15-1200 Definitions. The following words and phrases, when used in this article, shall have, for the purposes of this article, the following respective meanings except where the context clearly indicates a different meaning: (1) Beverage: The term "beverage" means any alcoholic beverages as defined in Virginia Code § A. -~-J~t'~ 4.1-100 and nonalcoholic beverages, any of which are served as part of a meal,, excluding alcoholic beverages sold in factory sealed containers and purchased for off- premises consumption. (2) Caterer: The term "caterer" means a person who furnishes food on the premises of another for compensation. (3) Director of Finance: The term "director of finance" means the director of finance of the county and any of his duly authorized deputies, assistants, employees or agents. (4) Food: The term "food" means any and all edible refreshments or nourishment, liquid or otherwise, including beverages as herein defined, purchased in or from a restaurant or from a caterer, except snack foods. (5) Person: The term "person" means any individual, corporation, company, association, firm, partnership or any group of individuals acting as a unit. (6) Purchaser: The term "purchaser" means any person who purchases food in.or from a restaurant or from a caterer. (7) Restaurant: The term "restaurant" means: ,(a) Any .place where food is prepared for service to the public whether on or off the premises; or (b) Any place where food is served to the public. Examples of a restaurant include, but are not limited to, a dining room, grill, coffee shop, cafeteria, cafe, snack bar, lunch counter, lunchroom, short-order place, tavern, delicatessen, confectionery, bakery, eating house, eatery, drugstore, catering service, lunch wagon or truck, DRAFT: May 10, 2000 pushcart or other mobile facility that sells food, and a dining facility in a public or private school or college. (8) Seller: The term "seller" means any person who sells food in or from a restaurant or as a caterer. (9) Snack food: The term "snack food" means chewing gum, candy, popcorn, peanuts and other nuts, and unopened prepackaged cookies, donuts, crackers, potato chips and other items of essentially the same nature and consumed for essentially the same purpose. (§ 8-75, 12-10z97; Code 1988, § 8-75; Ord. 98-A(1), 8-5-98) Sec. 15-1202 Exemptions. The following purchases of food shall not be subject to the tax under this article: A. Food sold by grocery stores and convenience stores except for ~ sandwiches~ :'.'ng!e ...~.~ platters .w~' ~.4'^~ ..~..~.~ ..... ccn:umpticn ~^~ ~* a ~e!!c, atc:zcn c~mme~., salad bar items sold from a salad bar, prepackaged single-serving salads consisting primarily of an assortment of vegetables, and non-factory sealed beverages. B. Food and beverages sold through vending machines. C. Food for use or consumption by the Commonwealth, any political subdivision of the Commonwealth or the United States. D. Food sold by nonprofit cafeterias in public schools, nursing homes and hospitals. E. Food sold by churches, fraternal, school and social organizations and volunteer fire departments and rescue squads which hold occasional dinners and bazaars of one-day or two-day duration, at which food prepared in the homes of members or in the kitchen of the organization is offered for sale to the public. F. Food furnished by churches which serve meals for their members as a regular part of their religious observance. G. Food furnished by boardinghouses that do not accommodate transients. H. Food sold by cafeterias operated by industrial plants for employees only. I. Food furnished by a hospital, medical clinic, convalescent home, nursing home, home for the aged, infirm or handicapped or other extended care facility to patients or residents thereof. J. Food furnished by a nonprofit charitable organization to elderly, infirm, handicapped or needy persons in their homes or at central locations. 2 DRAFT: May 10, 2000 K. Food sold by a nonprofit educational, charitable or benevolent organization on an occasional basis as a fund-raising activity or food sold by a church or religious body on an occasional basis. L. Food furnished by restaurants to employees as part of their compensation when no charge is made to the employee. M. Any other sale of food which is exempt from taxation under the Virginia Retail Sales and Use Tax Act, or administrative rules and regulation issued pursuant thereto. (§ 8-77, 12-10-97; Code 1988, § 8-77; Ord. 98-A(1), 8-5-98) This ordinance shall be effective on and after July 1, 2000. 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 Ms. Humphris Mr. Martin Mr. Perkins Ms. Thomas Aye Nay Clerk, Board of County Supervisors 3 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: VDOT Revenue Sharing Program SUBJECT/PROPOSAL/REQUEST: Opportunity to Apply for Additional FY99-00 Revenue Sharing Funds STAFF CONTACT(S): Messrs. Tucker, Foley, Cilimberg, Benish AGENDA DATE: May 17, 2000 ACTION: CONSENT AGENDA: ACTION: X ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: IN FORMATION: Yes BACKGROUND: Pursuant to Section 33.1-75.1[D] of the Code of Virginia, the County has an opportunity to request additional revenue sharing funds in this fiscal year, which will come from the state's unused allocation for FY99-00. If the County desires to participate, it must notify VDOT in writing by May 19, 2000, indicating the amount of funds requested up to $100,000. (Attachment A) DISCUSSION: Revenue sharing funds provided by the state must be matched dollar for dollar with local funds. The County allocated $400,000 for revenue sharing and traffic calming in its FY99-00 ClP. The County previously received notice from VDOT committing $483,600 in FY99-00, which is being applied to the Jarmans Gap Road project (Route 691). If the Board of Supervisors decides to request this additional $100,000 and receives commitment for that funding, it will exceed its ClP allocation by $183,600 and will either need to find additional local funds to provide the match or forfeit the $183,600. Additional revenue sharing funds would be applied to the Route 651 (Free State Road) bridge replacement project. (Attachment B) Staff is also working with VDOT to resolve some potential discrepancies in revenue sharing commitments and billings from prior fiscal years. Staff will inform the Board if any further actions regarding the prior year revenue sharing activity is necessary. RECOMMENDATION: Staff recommends that the Board apply for the additional $100,000 in revenue sharing funds. If the additional allocation is approved by VDOT, a decision on local matching funds can be made after potential discrepancies with VDOT are resolved and we are more certain about our year end fund balance. Staff further recommends that any additional revenue sharing funds be applied to the Route 651 (Free Bridge Road) bridge replacement project. O0.097 David R Bowerman Lindsa9 G. Dottier, Jr. Charlotte Y. Humphris Jack Jouett COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclnfire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Walter F. Perkins '~thite Hall Sally H. Thomas Samuel Miller May 23, 2000 Mr. James S. Givens State Secondary Roads Engineer Virginia Department of Transportation 1401 East Broad Street Richmond. VA 23219 Dear Mr. Givens: The County of Albemarle, Virginia, indicates by this letter its official intent to participate in the Revenue Sharing Program additional allocation for Fiscal Year 1999-00. The County will provide $100,000 for this program, to be matched on a dollar-for-dollar basis from funds of the State of Virginia. The County worked with its Resident Engineer and d~veloped the attached list of eligible projects to be undertaken with these funds. The County also understands that the program will be reduced on a pro rata basis if requests exceed available funds. Sincerely, Charles S. Martin Chairman CSM/lab Attachment pc: Ar;gela G. Tucker V. Wayne Cilimberg David Benish Printed on recycled paper CHARLES D. NOTTINGHAM COMMISSIONER COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND, 23219-2000 April 10, 2000 Opportunity for Additional Allocation County Primary and Secondary Fund (Revenue Sharing Program) FY 1999-2000 ATTACHMENT A JAMES S. GIVENS STATE SECONDARY ROADS ENGINEER Dear County Administrator: Your county has the opportunity to request an additional allocation from the Fiscal Year 1999- 2000 County Primary and Secondary Fund (Revenue Sharing Program), pursuant to Section 33.1-75.1[D] of the Code of Virginia. Twenty counties are eligible to apply for the unused allocation, which totals $747,774. If your county wishes to apply, please respond in writing to m~ by May 19, 2000, indicating the amount of funds requested up to $100,000 and a priority listing of thc i~;rojects pre, pose. ct. This listing must be completed on the attached Designation of Funds form, and prepared in conj ,~nction with your VDOT Resident Engineer. If the total funding requests exceed the amount available, all requests will be prorated accordingly. The county's prorated reductions will either be taken equally from all projects submitted or will be taken entirely from the lowest priority project. Please include your preference regarding this possible proration reduction at the bottom of the Designation of Funds form. The county must be prepared to match the supplemental allocation from its general fund prior to advertisement of the work to be performed. Furthermore, the county's match must either be received no later than June 30, 2000, or the county must submit certification that the money is being held in a special fund specifically for the requested projects. If you have any questions, please feel free to contact your Resident Engineer or the~ Secondary Roads Division at (804) 786-6663. Sincerely, State Secondary Roads Engineer Attachment "- Mr. Peter R. Kolakowski District Administrators Resident Engineers WE KEEP VIRGINIA MOVING lENT B May-02-OO 01:56P Ma~y Jane Go~e 804 293 8281' P.02 LLION ~-W~Ihi~TON D G, PROCLA. MATION WI IF. RI ~.AS According t<~ d~e Centers of Disease Controt and Prevention, National Center f6r I lealth Statistics, The rate of t~rcarms deaths of children under 15 years of age is nearly 12 times higher in ~he United States than in 25 other industrialized core,tries combined; and Wi IEREAS The Million Mom March is dedicated to the mission of educating our children and the rest of our country about thc life-threatening danger of buns; and '~X,'I t FiR }';A S Thc Million Mom March organizers endorse the fi~llowh~g: sensible "cooling off" periods and background checks; all handgun owners should be required to register their weapons with the proper authorities; gun mal~ufacturers should design guns with safety locks built in; thc purchase of guns should be limited to one handgun per month per purcha.ser; and WI.IER[!AS '['he Million Mom March, open m anyone who wishes m march, will take place in Washington, DC, on Mother's Day, May 14, 2000, Now therc£ore it be resolved that the Board of Supervisors for Albemarle County salutes dm efforts of the Million Mom March And be it further resolved that the Board applauds the mothers, grandmothers, stepmothers, godnx~thers, t'oster mothers, future mothers, and 'all others willh~g to be honorary mothers in this national crusade to broaden the thinking of youth, parent% and the cormnunity about solutions to gun viole,me }md fl~u importance of prevention in reducing all t3,pes of violence in Albemarle Cx~un~ anti the nation. Signed this day of in the year 2000. Albemarle County Executive and/or Board of Supcrvisors P.O. BOX 16B6 · WEST CALDWELL, NEW JERSEY 07007 · PHONE: 1-888-989-MOPlS MILLION MOM MAR CH WHEREAS, according to the Centers of Disease Control and Prevention, and the National Center for Health Statistics, the rate of firearms deaths of children under fifteen years of age is nearly twelve times higher in the United States than in twenty-five other industrialized countries combined; and WHEREAS, the MILLION MOM MARCH is dedicated to the mission of educating our children and the rest of our country about the life-threatening danger of guns; and WHEREAS, the MILLION MOM MARCH organizers endorse the following sensible "cooling off" periods and background checks, ali handgun owners shouM be required to register their weapons with the proper authorities, gun manufacturers should design guns with safety locks built in, and the purchase of guns should be limited to one handgun per month per purchaser; and WHEREAS, the MILLION MOM MARCH, open to anyone who wishes to march, will take place in Washington, D.C., on Mother's Day, May 14, 2000; NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Albemarle County, Virginia, hereby salutes the efforts of th e MILLION MOM MARCH; and BE IT FURTHER RESO£ VED, that the Board of Supervisors applauds the mothers, grandmothers, stepmothers, godmothers, foster mothers, future mothers, and all others willing to be honorary mothers in this national crusade to broaden the thinking of youth, parents, and the community about solutions to gun violence and the importance of prevention in reducing ali types of violence in Albemarle County and the nation. ADOPTED this 17~ day of May, 2000. CHAIRMAN ALBEMARLE BOARD OF COUNTY SUPERVISORS COUNTY OF ALBEMARLE EXECUTIVE SUMMARY · AGEN DA TITLE: Additional Funding for Positions and Equipment in the Sheriff's Office for FY 2000/01 SU BJ ECT/PROPOSAL/REQUEST: Amend the FY 2000/01 Operating Budget to Approve Ongoing Funding for the County Deputy Previously Assigned to Scottsville, as well as Additional Funding for a New Juvenile Court Bailiff Position and Equipment Approved by the State. STAFF CONTACT(S): TUcker, White, Gulati AGENDA DATE: May 17, 2000 ACTION: CONSENT AGENDA: ACTION: X ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: BACKGROUND: S..cottsville Deputy Under the tripartite agreement for law enforcement between Albemarle County, the Town of Scottsville and the Sheriffs Office, law enforcement services are provided on a contract basis by two Sheriff's Deputies. One of these deputies is a County employee assigned to the Town, and the other is the Town deputy who is being paid through the County's payroll system while the agreement is in effect. The Town of Scottsville reimburses the County for the salary and benefit costs of both of these positions, and pays any operating or capital expenses incurred by the deputies. On May 3, the Board approved a Memorandum of Understanding terminating this agreement on June 30, 2000. New Equipment & Juvenile Court Bailiff Bailiff: As part of the FY 2000/01 budget process, the Sheriff requested three new bailiff positions at the Juvenile & Domestic Relations Court. The Board approved the County Executive's recommendation to defer a decision on funding the new deputies, pending approval by the State Compensation Board. Equipment: The Sheriff also requested funding from the State for new equipment in FY 2000/01. This request, which totaled $39,230, included funding for a Virginia Criminal Information Network (VCIN) package, computer equipment, office equipment and furniture. DISCUSSION: Scottsville Deputy Upon termination of the agreement with Scottsville, on June 30, the County Deputy currently assigned to the Town will be re-assigned to the County's General District Court. (The Town Sergeant will remain in Scottsville, and will no longer be reflected as a member of the Sheriff's Office.) Since Scottsville will no longer reimburse the County for the salary and benefit expenses of this deputy, however, the FY 2000/01 budget must be amended to provide $36,130 in ongoing funding for the County deputy position from the Board's contingency reserve. Additionally, a vehicle may need to be purchased for this deputy, if the Sheriff is unable to provide one from his existing fleet. The $21,475 total cost of a vehicle could be funded frOm General Fund balance revenues, if needed. New Equipment & Juvenile Court Bailiff Bailiff: The State Compensation Board recently notified the County that it has approved a new Court Services Deputy position for Albemarle County, effective July 1, 2000. The Sheriff has affirmed that hewould like to assign this position to the Juvenile & Domestic Relations Court. The total cost of a new bailiff position in FY 00/01 will be approximately $63,500, and includes the cost of a new vehicle. The State will contribute $30,655 toward the new position in salary, benefit and operating costs, for a net local cost of approximately $32,845. AGEN DA TITLE: Additional Funding for Positions and Equipment in the Sheriff's Office for FY 2000/01 May 17, 2000 Page 2 The City has indicated a willingness to fund its share (50%) of the remaining salary and operating costs of this position, or $4,560, but has not decided on whether to fund the vehicle. If the City decides not to fund the vehicle, the County's share would be $28,285 (which includes the vehicle.) If, on the other hand, the City agreed to fund the car, the County's share would be $16,400, the same as the City's share. Equipment: The State also has approved $19,755 for new computer and office equipment in the Sheriff's Office, toward which it will contribute $12,159 in State funds. The County's required share is $7,596, the balance of the costs. RECOMMENDATION: Staff recommends that the FY 2000/01 operating budget be amended to provide continued funding for the County deputy previously assigned to Scottsville ($36,130), as well as for the County's share of a new Juvenile & Domestic Relations Court bailiff ($28,285) from FY 2000/01 Board of Supervisors contingency reserves. Additionally, staff recommends that the County fund its share of the new equipment costs ($12,159), as well as the potential purchase of a new vehicle for the Scottsville deputy ($21,475, if needed), from FY 2000/01 General Fund balance. If approved, these items would be reflected in the Operating Budget Resolution of Appropriation that will come to you for your approval on June 7, 2000. 00.098 County of Albemarle MEMORANDUM TO: FROM: DATE: RE: Albemarle County Board of SUpervisorsf Robert W. Tucker, Jr., County Executive May 11, 2000 / Request for Resolution from Mecklenburg County Attached is a letter and resolution from the Mecklenburg County Board of Supervisors requesting your support of a 1% increase in the general retail sales tax that is available to counties, cities and towns within the Commonwealth. As you know, we currently receive 1% of the State's 4.5% sales tax on goods and services, which currently generates approximately $8.5 million per year in local revenue. Should you wish to consider adopting a resolution similar to that of Mecklenburg County, staff will prepare such resolution for your adoption, RWT,Jr\dbm 00.033 Attachment BOARD OF SUPER¥ISORS Albemarle County Executive's Office 401 McIntire Rd. Charlottesville, Virginia 22902 (804) 296-5841 Polly C. Johnson County Administrator Emergency Services Director May 9, 2000 BOARD OF SUPERVISORS H. P. Farrar Chairman W. P. Hudgins, Sr. Vice-Chairman W. E, Blalock J. A. Hudson, Sr. Jim Jannings L. Orell Lenhart John S. Massingill Glanzy M. Spain, Jr. Dan Tanner Robert W. Tucker, Jr. Albemarle County Executive 401 McIntire Road Charlottesville, Virginia 22902-4596 RE: Increase in Local Sales Tax Dear Mr. Tucker: I will enclose copy of a resolution adopted by the Mecklenburg County Board of Supervisors on May 8, 2000. As you will see, the Supervisors seek an increase of one percent (1%) in general retail sales tax available to counties, cities and towns throughout the Commonwealth. I request that your governing body consider adopting a substantially similar resolution. After your governing body has considered such action, please let me know whether the decision was to adopt a resolution in support of this effort. If so, please provide me with a copy of that resolution. We would appreciate your providing copies of the resolution to your locality's representatives in the Virginia General Assembly. I will appreciate your consideration of this matter, and look forward to hearing from you. Since rely, Polly C. Johnson County Administrator 804-738-6191 - FAX 804-738-6804 COUNTY OF ALBEMARL~ EXECUTIVE OFFICE Polly C, Johnson County Administrator Emergency Services Director MECKLENBURG COUNTY BOARD OF SUPERVISORS RESOLUTION RE: SALES TAX BOARD OF SUPERVISORS H. P, Farrar Chairman W. P. Hudgins, Sr. Vice-Chairman W. E. Blalock J. A. Hudson, Sr. Jim Jennings L, Orell Lenhart John S. Massingill Glanzy M. Spain, Jr. Dan Tanner WHEREAS, Mecklenburg County must comply with a growing number of unfunded mandates, both state and federal; WHEREAS, the tax sources currently available to Mecklenburg County do not generate adequate funds for the cost of unfunded state and federal mandates, plus the cost of those services needed by Mecklenburg County citizens. WHEREAS, the Mecklenburg County Board of Supervisors (the "Board"), has concluded that an increase in local sales tax would be an equitable means for securing additional local tax revenues; WHEREAS, until amended, Virginia Code Section 58.1-605 limits to one percent (1%) the general retail sales tax which may be levied by Mecklenburg County; WHEREAS, the Board adopts this resolution t© formally request action amending said Code Section to enable Mecklenburg County to increase its general retail sales tax from one percent (1%) to two percent (2%). IT IS, ACCORDINGLY, RESOLVED: That the General Assembly is requested to amend Virginia Code Section 58.1-605 to increase from one percent (1%) to two percent (2%) the general retail sales tax which may be levied by counties, cities and town. FURTHER RESOLVED: That the Virginia Association of Counties, the Virginia Municipal League and the governing bodies of counties, cities and towns throughout the Commonwealth are hereby urged to express their support for this effort through formal action, and to communicate that support to members of the Virginia General Assembly. The undersigned hereby certifies that the foregoing resolution was adopted at a duly convened meeting of the Mecklenburg County Board of Supervisors on the 8th day of May, 2000, by unanimous vote of all Supervisors. By ~~_~ Chairman, Mecklenburg County Board of Supervisors 804-738-6191 . FAX 804-738-6804 David R Bowerman Lindsay G. Dottier, Jr. Charlotte Y. Humphris Jack Jouell COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Rivanna Walter E Perkins White Hall SallY H. Thomas May 23, 2000 Mr. Art Petrini, Executive Direotor Rivanna Solid Waste Authority P.O. Box 18 Charlottesville, VA 22902 Dear Mr. Petrini: At its May 17, 2000 meeting, the Board of Supervisors adopted a resolution in support of the Rivanna Solid Waste Authority. I have enclosed the original signed resolution. Please call me if you have any questions. Thank you. Sincerely, Laurel A. Bentley, CMC Senior Deputy Clerk Attachment Printed on recycled paper RESOLUTION IN SUPPORT OF RIVANNA SOLID WASTE AUTHORITY WHEREAS, the City of Charlottesville and the County of Albemarle formed the Rivanna Solid Waste Authority (the "Authority") in 1990 for the purpose of providing regional solid waste management and to, among other things, operate the Ivy Landfill (the "Landfill") located on approximately 300 acres of land south of Ivy, Virginia; and WHEREAS, the continued successful operation of the Landfill provides an important public service supported by the County; and WHEREAS, to enhance the financial strength and continued successful operation of the Landfill, the Authority proposes to obtain a line of credit in the principal sum of $2 million (the "Credit Facility") from the Bank of America, N.A. (the "Lender") to support continued operations and to finance the cost related to the settlement of a portion of a lawsuit brought by certain citizens against the Authority, the City of Charlottesville and the County of Albemarle related to the operation of the Landfill; and WHEREAS, the purpose of the Credit Facility has been fully discussed with the County's Board of Supervisors and the Board supports the appropriateness of the Credit Facility; however, the Board cannot be legally obligated to appropriate funds to the Authority and believes the Authority should maintain its own financial credentials; and WHEREAS, although the Authority is an independent legal entity, the County has the power to appoint certain directors of the Authority; and WHEREAS, as a condition to providing the Credit Facility to the Authority, the Lender has requested that the County express its moral obligation to assist the Authority in repayment of the Credit Facility in the event the Authority is unable to do so; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Albemarle County hereby pledges to the Authority and to the Lender the County's "moral obligation" to provide the Authority with sufficient funds for the Authority to make timely payments to the Lender as required by the Credit Facility provided, however, that the Lender acknowledges that the County shall have no legal or enforceable obligation to provide such funds and the performance by the County of all undertakings for the payment of money by the County pursuant hereto is subject to and conditioned upon approval and appropriation by the Board; and that the approval of any money by the County pursuant hereto is solely for the fiscal year in which such appropriation is made and is further subject to any prohibitions or restrictions imposed by the laws of the Commonwealth of Virginia. BE IT FURTHER RESOLVED, that the County Executive, or any Assistant County Executive, are each hereby authorized in the name of and on behalf of the County to execute and deliver such documents and instruments and to take such other and further actions as may be in any way necessary or appropriate to effectuate the foregoing resolution and to carry out the purposes thereof, and that the taking of any such action and the execution by such individuals of any such additional documents or instruments shall conclusively evidence the due authorization thereof by the Board. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by vote of _6 to 0 on May 17, 2000. Clerk, Board of County Supe~vis~¥s Aye Nay Mr. Bowerman x Mr. Dorrier x Ms. Humphris x Mr. Martin x Mr. Perkins x Ms: Thomas x 2 COUNTY OF ALBEMARLE Department of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4012 April 26, 2000 Heidi Parker, Esq 360 Communications/Alltel 105-109 East High St Charlottesville, VA 22901 RE: SP-00-003 Charlottesville Broadcasting - Tax Map 61, Parcel 192 Dear Ms. Parker: The Albemarle County Planning Commission, at its meeting on April 18, 2000, unanimously recommended approval of the above-noted petition to the Board of Supervisors. This application is an amendment to SP 98-44. Therefore staff recommends retention of the original conditions, amending Condition 3b, as follows: Tower height shall be limited to five hundred twenty (520) feet; o The tower shall be designed so that, in the event of a structure failure, the tower and all of its components will remain within the property; All antennas located on the existing tower may be relocated to the new tower. Additional antennas, up to the number existing on the tower on April 18, 2000, may be attached to the tower as follows: a. Omnidirectional or whip antennas shall not exceed twenty (20) feet in height or seven (7) inches in diameter, and shall be of a color which matches the tower; b. Directional or panel antennas shall not exceed eight (8) feet in height or two (2) feet in width, shall be of a color which matches the tower and shall be below three hundred forty-five (345) feet in height. a. Satellite and microwave dish antennas are prohibited; b. Antennas may be installed in addition to those installed by the permit'tee when the tower is first constructed without amending this special use permit, provided that all necessary building permits are obtained from the Building Official and the antennas otherwise comply with these conditions; and Page 2 April 26, 2000 All antenna shall be located such that no portion of the antenna is more than two (2) feet from the tower structure. The tower shall be used, or have the potential to be used, for the collocation of wireless telecommunications providers, as follows: a. The permittee shall allow wireless telecommunications providers to locate antennas on the tower and equipment on site, subject to these conditions: (1) The permittee shall provide to the County, upon request, verifiable evidence that it has made a good faith effort to allow such location. Verifiable evidence of a good faith effort includes, but is not limited to, evidence that the permittee has offered to allow other providers to locate on the tower and site in exchange for reciprocal rights on a tower and site owned or controlled by another provider within Albemarle County. Each outdoor luminaire.shall be fully shielded such that all light emitted is projected below a horizontal plane running through the lowest part of the shield or shielding part of the luminaire. For purposes of this condition, a luminaire is a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to a power supply. All lighting shall be shielded from public roads. Outdoor lighting, other than the tower lighting, shall only be during periods of maintenance; The permittee shall comply with Section 5.1.12 of the Zoning Ordinance; The permittee shall obtain Engineering Department approval of the tower design prior to receiving a building permit. The Engineering Department shall review the tower design to ensure that the design is adequate due to its location within the flood plain; and, The guy wires for the tower shall be located in such a manner as to not interfere with the proposed Meadow Creek segment of the Rivanna Greenway Trails. This shall be verified by Department of Planning and Community Development review of the building permit. Page 3 April 26, 2000 Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on May 10, 2000. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, David B. Benish Chief of Planning & Community Develoment DBB/jcf Cc: Ella Carey Amelia McCulley Jack Kelsey Steve AIIshouse Bob Ball Charlottesville Broadcasting STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: David Benish April 18, 2000 May 10, 2000 SP 00-003 Charlottesville Broadcasting Tower Condition Amendment Applicant's Proposal: The applicant seeks authorization to establish an array of panel antennas for telecommunications that exceed the dimension limits set forth by conditions of approval for SP 98-44 WQMZ Tower. Specifically, Condition 3b states that the panel antennas "...shall not exceed five (5) feet in height or two (2) feet in width". The applicant is seeking approval for an amendment to the special use permit for the installation of panel antennas that are eight (8) feet in height or length. The applicant has provided detailed information about the location and design of the facility. The applicant's information is included as Attachments C and D. Petition: The applicant petitions the Board of Supervisors to allow a change in Condition 3b of SP 98-44 WQMZ Tower to allow for an additional three feet in panel antenna length for personal wireless service. This requires a special use permit amendment in accord with the provisions of Section 22.2.2.2. The proposal is to locate antenna an array of eight-foot long panel antennas approximately 197 feet above ground level [AGL]. The tower site is located at the northern comer of the Melbourne Road/Rio Road East intersection, within the Rivanna Magisterial District (Attachment B). The property consists of approximately 9 acres and is described as Tax Map 61, Parcel 192, and is zoned C-l, Commercial (Attachment A). This site is recommended for Neighborhood Service in Urban Neighborhood 3 of the Comprehensive Plan. Character of the Area: The property is located at the intersection of Rio Road and Melbourne Road. Meadow Creek forms the northern boundary of the parcel and almost the entire parcel is in the floodplain of Meadow Creek. Development to this property is limited to the tower and small buildings housing the electronics. An industrial area is located to the north of the property and a small duplex is located to the east. The Charlottesville City Limits abut this property. Residential areas in the city are located south and west of this site and the Charlottesville High School is located to the west. The 520-foot tower is located at the lowest point in the area and the land rises up significantly in all directions. Planning and Zoning History: February 18, 2000 - The Department of Building Codes and Zoning Services issued a violation letter to the applicant because the applicant exceeded the length limitations set forth by Condition 3b of SP 98-44 (Attachment E). Submission of this special use permit request seeks to remedy this violation. 1999-Present- Two additional telecommunications providers have been approved by the Department of Building Codes and Zoning Services to attach panel antennas equal to or less than five feet in length. The antennas have been attached. November 11, 1998 - The Board of Supervisors unanimously approved SP 98-44 and SP 98-55 to extend the existing 345-foot tall radio tower to 520 feet and to allow for associated grading in the floodplain. The Conditions of approval are attached as Attachment F. 1960 's - The. existing tower was constructed some time in the 1960's. Comprehensive Plan: This area is recommended for Neighborhood Service in Neighborhood 2. Land to the east is recommended for Neighborhood Density Residential. The floodplain of Meadow Creek and the critical slopes located along the stream valley are identified in the Open Space Plan as natural resources. The floodplain and critical slopes severely restrict the development potential in the immediate area. This proposal seeks to attach antennas to the existing tower that, excluding size, have previously been a by-right use. Staff does not view the installation of the supporting utilities as a significant disturbance to these resources, because grading will not be necessary for the installation of supporting utilities. RECOMMENDATION: Staff has reviewed this request for compliance with the provisions of Section 22.2.2.2 of the Zoning Ordinance and recommends approval with conditions. STAFF COMMENT: Attachment of panel antennas for telecommunications purposes was approved with the approval of SP 98-44 WQMZ. Specifically Condition 3b states "Additional antennas may be located to the tower as follows: ... Directional or panel antennas shall not exceed five (5) feet in height or two (2) feet in width, shall be of a color which matches the tower and shall be below three hundred forty-five (345) feet in height" (Attachment F). Attachment of future antennas was briefly mentioned at both public heatings, but the issue of the actual dimensions of the panel antennas was never discussed. It appears that the condition limiting the length of the antennas to five feet originated through an agreement between staff and the original applicant of SP 98-44. In late 1999, the applicant attached panel antennas to the tower that were eight feet in length. The Department of Building Codes and Zoning Services issued a violation letter on February 18, 2000, because the antennas exceeded five feet in length (Attachment E). Submission of this special use permit seeks to remedy this violation. The applicant's request and justification is attached as Attachment C. The applicant notes that the other smaller attached antennas are for digital service and that the larger eight-foot antennas provide both a cellular and digital service. They have noted that "These combined use antennas are the shortest flush mount antennas that the applicant can use at this site." If a smaller antenna is the only option, it is noted that "...coverage at this site would be so compromised that a nearby secondary antenna site would likely be necessary?' Staffhas reviewed this request for compliance with Section 31.2.4.1 of the Zoning Ordinance and has found no adverse impact as a result of increasing the panel antenna size an additional 3 feet in length. Staff notes that although the attached eight foot long antennas are a violation, no one from the public has contacted staff in opposition to the violation. Although visibly larger than the other existing panel antennas on the tower, the eight-foot panel antennas still appear to have minimal visual impact when compared to the significantly tall tower and other panel antennas on the tower. Where possible and acceptable, staff seeks to limit the total number of telecommunications facilities by requiring the telecommunications industry to co-locate on existing facilities. The applicant has noted that the smaller panel antenna size may necessitate an additional facility elsewhere in the County. Summary: Staff has identified the following factors which are favorable to this request: The additional three feet of antenna will have minimal visual impact when compared to the overall tower height/size and other allowable panel antennas; Attachment of the larger antennas may alleviate the need for an additional telecommunications facility; Consistent with Section 31.2.4.1 of the Zoning Ordinance; and, Consistent with the Comprehensive Plan and the Open Space Plan. RECOMMENDED ACTION: Staff opinion is that the additional three feet in antenna length will not create an adverse impact. Therefore, staff is able to recommend approval of this request, with conditions: RECOMMENDED CONDITIONS OF APROVAL: This application is an amendment to SP 98-44. Therefore staff recommends retention of the original conditions, except for Condition 3b, as follows: 1. Tower height shall be limited to five hundred twenty (520) feet; o The tower shall be designed so that, in the event of a structure failure, the tower and all of its components will remain within the property; All antennas located on the existing tower may be relocated to the new tower. Additional antennas may be attached to the tower as follows: a. Omnidirectional or whip antennas shall not exceed twenty (20) feet in height or o o o bo seven (7) inches in diameter, and shall be of a color which matches the tower; Directional or panel antennas shall not exceed eight (8) feet in height or two (2) feet in width, shall be of a color which matches the tower and shall be below three hundred forty-five (345) feet in height; Satellite and microwave dish antennas are prohibited; Antennas may be installed in addition to those installed by the permittee when the tower is first constructed without amending this special use permit, provided that all necessary building permits are obtained from the Building Official and the antennas otherwise comply with these conditions; and All antenna shall be located such that no portion of the antenna is more than two (2) feet from the tower structure. The tower shall be used, or have the potential to be used, for the collocation of wireless telecommunications providers, as follows: a. The permittee shall allow wireless telecommunications providers to locate antennas on the tower and equipment on site, subject to these conditions: (1) The permittee shall provide to the County, upon request, verifiable evidence that it has made a good faith effort to allow such location. Verifiable evidence of a good faith effort includes, but is not limited to, evidence that the permittee has offered to allow other providers to locate on the tower and site in exchange for reciprocal rights on a tower and site owned or controlled by another provider within Albemarle County. Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a horizontal plane running through the lowest part of the shield or shielding part of the luminaire. For purposes of this condition, a luminaire is a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to a power supply. All lighting shall be shielded from public roads. Outdoor lighting, other than the tower lighting, shall only be during periods of maintenance; The permittee shall comply with Section 5.1.12 of the Zoning Ordinance; The permittee shall obtain Engineering Department approval of the tower design prior to receiving a building permit. The Engineering Department shall review the tower design to ensure that the design is adequate due to its location within the flood plain; and, The guy wires for the tower shall be located in such a manner as to not interfere with the proposed Meadow Creek segment of the Rivanna Greenway Trails. This shall be verified by Department of Planning and Community Development review of the building permit. ATTACHMENTS: A - Tax Map and Plat B - Location Map C - Applicant's Request and Justification D - Site Plan Reduction E - Zoning Violation Letter Dated February 18, 2000 F - Conditions of Approval for SP 98-44 ALBEMARLE COUNTY ATTACHMENT A v CITY OF CNARLO'I'T~VILL.F. /'./' 168 ': I .~/,:':~' '. ,, ~,'{..,' r?.,.,f.,; ..~'x. .[/.,/ .4.. ~i '~, /. ~ ,~ '.~.,~.. SP-O0-O03 Charlottesville Broadeastin JACK JOUETT, RIVANNA AND CHARLOTTESVILLE DISTRICTS SECTION ATTACHMENT A ~:::~LAT OF A q.74 Ar-.. PARCEl.,. J~.OUT O.5~''d~l, ~.E. O¢' 'THE QITY L INIT,.% oF RECEIVED ~PR 07 2000 PLANNIN(3 AND ....... ' ,, ,~.u'rV OEVELOPMEN'7 ATTACHMENT B / TO RUCKERSVILL~ / / 7 Albemarle Airport SP-00-003 Charlottesville Broadcastin-~ .~ ~ , CHAR(OT'TES- . SPECIAL USE PERMIT AMENDMENT 360 COMMUNICATIONS COMPANY D/B/A ALLTEL ATTACHMENT C What is the comprehensive plan designation for this property? Neighborhood service (corresponds to existing C-1 zoning). How will the proposed special use affect adjacent property? Increasing the panel antenna height limit from 5' to 8' will not affect adjacent properties because the change is so minimal it will be unnoticeable from adjacent properties. Indeed, it would be difficult for even an experienced eye to discern a 3' increase in panel antenna length on an antenna located at the 180' level of a 520' tower. How will the proposed special use affect the character of the district surrounding the property? For nearly forty years prior to constructing the new 520' tower on the property, a shorter, but similar, broadcast antenna tower was located on the property. Because the previous tower antedated development of the adjacent properties, a broadcast tower was central in establishing the existing character of the surrounding area, and since the proposed amendment relates only to a 3' increase in panel antenna length, the use will not change the character of the area. How is the use in harmony with the purpose and intent of the Zoning Ordinance? The Ordinance is intended to provide adequate growth opportunities to businesses in the community, as well as facilitate the creation of a convenient, attractive and harmonious and community. Applicant, a business with retail offices located in the County, has entered into a lease agreement with the property owner to collocate on the 520' tower so that applicant can better serve the wireless telecommunications needs of its customers; however, because applicant provides a combined cellular and digital service, some of its combined use antennas are slightly longer than those permitted in Condition 3.b. to SUP98-44. These combined use antennas are the shortest flush mount antennas applicant can utilize at this site; shorter flush mounted antennas would not be adequate to meet the customers' needs in the area, and a secondary antenna site in the area would likely be necessary. Therefore, this SUP amendment will not only enable applicant to meet the cellular and digital needs of its customers in Albemarle County, it will reduce the need for additional antenna sites in the area near the existing tower. ATTACHMENT C How is the use in harmony with the uses permitted by right in the district? As the use of the property will not change, and only a slight change of one of the conditions of SP95-44 is being requested, the use of the property will remain in harmony with the uses permitted by right in the district. What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use? None. How will this use promote the public health, safety, and general welfare of the community? This SUP amendment will enable the applicant to provide adequate cellular and digital Service to its customers in the area without requiring an additional antenna site near the existing tower. Describe your request in detail and include all pertinent information such as the numbers of person involved in the use, operating hours, and any unique features of the use: In order for this collocation site to meet both the digital and cellular needs of its customers in this area, and in order to meet the remaining conditions of SP98- 44, applicant requests an amendment to Condition 3.b of SP98-44 increasing the panel antenna height limit from 5' to 8'. Applicant's present antenna system which provides both cellular and digital service is comprised of two antenna arrays: the first array consists of three panel antennas measuring 96" (L) x 12"(W) x 7" (D), and below that, a second antenna array consisting of 3 panel antennas measuring 48"(L) x 6"(W) x 8 1/2"(D). Both antenna arrays are flush mounted on the tower, and the individual panel antennas are placed at a slight angle, the bottom portion of the antennas being 8" from the face of the tower and the top portion of the antennas extending from 12" to 14" from the tower. As these measurements indicate, except for the panel length limit on the top array, applicant's antennas meet the remaining dimension conditions. While it is technically possible for applicant to meet the 5' length limit, because the antennas must be flush mounted, a reduced antenna size on the top antenna array will significantly impair the effectiveness of this site; coverage at this site would be so compromised that a nearby secondary antenna site would likely be necessary. Therefore, in order to meet the .flush mounting requirement, but still have an effective collocation site, an 8' long panel antenna is necessary. LIGHTNING '(3) M~lI)EL Fsgo-11-OONA 96"(L) x 12"(W) x 7"(D) PANELS CENTER LINE 197' AGL (3) MDDEL DB844HgON-XY__ 48"(L) x 6"(W) x 8 1/2"(I~S)ANELS CENTER LINE 187' 10' AGL 522~ 197' 187'-10~ 529'-10' ATTACHMENT D CUSTnMER, ALLTEL I CELL NAME, MELBOURNEI CELL NO, 137 JDATE: 4/6/2000 HENAND3AH T~WER SERVICE, LTl), / / i / ATTACHMENT D ATTACHMENT L FAX (804) 972-4126 COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 Mclntire Road, Room 227 Charlottesville, Virginia 22902-4596 TELEPHONE (804) 296-5832 ATTACHMENT E TI'D (804) 972-4012 NOTICE OF OFFICIAL DETERMINATION OF VIOLATION Date Notice of Determination is Given: CERTIFIED MAIL ~ Z 261 147 973 February 18, 2000 No: V-2000-008/DCF CERTIFIED MAIL # Z 261 147 974 Shenandoah Tower Service, Ltd. Post Office Box 956 Staunton, VA 24402-0956 Charlottesville Broadcasting Corporation Post Office Box 498 Charlottesville, VA 22902 Property: 61 192 Tax Map Number Parcel Number Charlottesville Broadcasting Corporation Owner of Record You are hereby notified that, after an investigation of the above-described property, the Zoning Administrator has determined that the following use or activity constitutes a violation of the following section(s) of the Albemarle County Zoning Ordinance. As stated in Section 36.1 of the Albemarle County Zoning Ordinance: Any building erected contrary to any of the provisions of this ordinance or contrary, to any condition imposed upon any conditional rezoning, issuance of a special use permit or approval of a site plan, and any use of any building or land which is conducted, operated or maintained contrary to any of the provisions of this ordinance or any condition imposed upon any conditional rezoning, issuance of a special use permit or approval of a site plan, shall be a violation of this ordinance and the same is hereby declared to be unlawful. The zoning administrator may initiate injunction, mandamus, abatement, criminal warrant or any other appropriate action to prevent, enjoin, abate or remove such erection or use in violation of any provision of this ordinance. The November 23, 1998 approval letter for Special Use Permit 98-55WQMZ, limited heights of antennas to five (5) feet, per condition number 3.b. which states "Directional or panel antennas shall not exceed five (5) feet in height or t~vo (2) feet in width, and shall be of a color which matches the rower and shall be below three hundred forty, five (345) feet in height." Eight (8) foot high antennas have been installed on this tower. You are hereby ordered to cease and desist fi.om the above described use or actiwty immediately. Your failure to comply with this order may result in legal action being taken against you. Page 2 V-2000-008/DCF February 18, 2000 ATTACHMENT E If you are ag=m-ieved by this determination, you have a right to appeal it wiihin thirty (30) 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 g'rounds for the appeal. An appeal application must be completed and filed along with the fee of $95. The date notice of this determination was given is specified above. If you have any questions, please contact Dermis C. Friedrich or the Zoning Administrator at 804-296-5832. Amelia G. McCulley Zoning Administrator County of Albemarle, Virginia Cc: Reading File V-2000-008/DCF, TMP 61-192 ATTACHMENT F November 23, 1998 Dept. COUNTY OF ALBEMARLE of Planning & Community Development 401 Mc[ntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 Dan Miller, General Manager Charlottesville Broadcasting Corporation 501 East Main St Charlottesville, VA 22902 SP-98-44 WQMZ Tax Map 61, Parcel 192 Dear Mr. Miller: The Albemarle County Board of Supervisors, at its meeting on November 11, 1998, unanimously approved the above-noted request to replace an existing 345' tower with an approximately 520' tower in accordance with provisions of Section 22.2.2(2) of the Zoning Ordinance. Please note that this approval is subject to the following conditions: Tower height shall be limited to five hundred twenty (520) feet; The tower shall be designed so that, in the event of structural failure, the tower and all of its components will remain within the property; All antennas located on the existing tower may be relocated to the new tower. Additional antennas may be attached to the tower only as follows: a. Omnidirectional or whip antennas,~hall not exceed twenty (20) feet in height or seven (7) inches in diameter, and shall be of a color which matches the tower; b. Directional or panel antennas shall not exceed five (5) feet in height or two (2) feet in width, shall be of a color which matches the tower and shall be below three hundred forty five (345) feet in height; c. Satellite and microwave dish antennas are prohibited; d. Antennas may be installed in addition to those installed by the permittee when the tower is fn'st constructed without amending this special use permit, provided that all necessary building permits are obtained fi.om the Building Official and the antennas otherwise comply with these conditions; and e. Ail antenna shall be located such that no portion of the antenna is more than two (2) feet fi'om the tower structure. The tower shall be used, or have the potential to be used, for the collocation of wireless telecommunications providers, as follows: a. The permittee shall allow wireless telecommumcations providers to locate antennas on the tower and equipment on the site, subject to these conditions: (1) The permittee shall provide to the County, upon request, verifiable evidence that Page 2 November 23, 1998 ATTACHMENT F it has made a good faith effort to allow such location. Verifiable evidence of a good faith effort includes, but is not limited to, evidence that the permittee has offered to allow other providers to locate on the tower and site in exchange for reciprocal rights on a tower and site owned or controlled by another provider within Albemarle County. Each outdoor lummaire shall be fully shielded such that all light emitted is projected below a horizontal plane rnnning though the lowest part of the shield or shielding part of the luminaire. For purposes of this condition, a luminaire is a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply, All lighting shall be shielded from public roads. Outdoor lighting, other than the tower lighting, shall only be on during periods of maintenance; The permittee shall comply with section 5.1.12 of the Zoning Ordinance; The permittee shall obtain Engineering Department approval of the tower design prior to receiving a building permit. The Engineering Department shall review the tower design to insure that the design is adequate due to its location within the flood plain; and The guy wires for the tower shall be located in such a manner as to not interfere with the proposed Meadow Creek segment of the Rivarma Greenway Trails. This shall be verified by Department of Planning and Commumty Development review of the Building Permit. In the event that thc use, structure or activity for which this special use permit is issued shall not be commenced within eighteen (18) months after the issuance of such permit, the same shall be deemed abandoned and the authority, granted thereunder shall thereupon terminate. For purposes of this section, the term "commenced" shall be construed to include the commencement of construction of any structure necessary to the use of such permit within two (2) years from the date of the issuance thereof which is thereat~er completed within one (1) year. Before beginning this use, you must obtain a zoning clearance from the Zoning Deparmaent. Before the Zoning Department will issue a clearance, you must comply with the conditions in this letter. For further information, please call Jan Sprinkle at 296-5875. If you should have any questions or comments regarding the above-noted action, please do not hesitate to contact me. V. WayneJ2ilimberg//~ Director of Planning VWC/jcf Development Cc: Amelia McCulley Jack Kelsey Tex Weaver Steve Allshouse May 5, 2000 COUNTY OF ALBEMARLE Department o£ Planning & Community Development 401 M¢Intire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4012 Kurt GIoeckner 2246 Ivy Road, Suite 5 Charlottesville, VA 22903 RE:SP-99-74 Townwood Mobile Home Park; Tax Map 61, Parcel 8 Dear Mr. Gloeckner: The Albemarle County Planning Commission, at its meeting on May 2, 2000, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: Approval for the addition of 25 units and the internal relocation of the existing units within Townwood Mobile Home Park. If the owner satisfies the issues identified by the Engineering Department (2/22/00 memo, Attachment J) and Planni.ng Department (including the location/design of recreational facilities and the relocation of lot 16) to the. satisfaction the Agent and County Engineer, then up to seven additional lots shall be allowed (for a total of up to 32). Modify Section 31.2.4.4 to allow development improvements to commence within two years of special use permit approval. This development project shall be completed within two years from commencement of improvements from such date. The phases and sub-phases are outlined in the following chronological timeline: 1. Phase 1: a. Installation of necessary supporting infrastructure, which must include: 1. Installation of new water lines for domestic consumption; 2. Installation of the new water lines for fire safety (including three new fire hydrants); 3. Installation of the new stormwater system; and, 4. Widening of the internal road. a. Construction of the First 13 Lots (Lots 7, 9, 10, and 11 through 20) as depicted on the application plan. No existing trailers are to be relocated during Phase 1. Phase 2: ac d4 Installation of a park and recreation area more suitable for adults and/or older children instead of a tot lot located in the rear of the site. The applicant shall also provide a flat, grassed central open space of 10,000 square feet in size in a location to be determined with the review of the site plan. Installation of Phase 1 landscaping, which includes compliance with the tree preservation area located within the rear fifty-foot buffer. Street trees a minimum of 50 feet apart as typically called for in the ordinance shall be added along with screening along Rio Road. All trees should be a minimum of 2" caliper. These additions are minimums and should not in any way limit landscape treatment that the ARB might impose. If any subsequent phases present a threat to landscaping shown in Phase 1, the applicant can bond accordingly the landscaping that may need to be established during other phases. Installation of a second entrance onto Greenbrier Drive that is in accord with the application plan. Greenbrier Drive must be accepted into the state system with the construction of this second entrance. A Certificate of Occupancy will not be granted for the 14th unit until the second entrance is constructed. Installation of a screening fence that must be entirely on the Townwood Mobile Home Park property and must span the length of all developed lots adjacent to Greenbrier Drive. The new screening fence shall be constructed prior to, or simultaneously with the removal of the existing screening fence. Installation of a screening fence that is entirely on the Townwood Mobile Home Park property and must span the length of all developed lots along the Four Seasons PUD property line. Construction of Lots 6, 31, and 23 through 27, as it will not involve realignment of any existing units. Realignment of the existing units along Greenbrier Drive and within the center of the Park's internal Iccp road to accommodate construction of Lots 1 through 6 and Lot 8. Construction of Lots I through 6 and Lot 8. Installation of the second tot lot, fronting Rio Road West. Installation of the final surfacing to the internal Iccp road. Installation of Phase 2 landscaping. Landscaping shall include plantings at the new second entrance and the new travelway, with major street trees every 50 feet on both sides along this internal travelway, and street trees approaching Greenbrier Drive. If any subsequent phases present a threat to landscaping shown in Phase 2, the applicant can bond accordingly the landscaping that may need to be established during other phases. Phase 3: Realignment of the remaining units that are located along the Four Seasons PUD side of the subject parcel. Construction of Lots 21, 22, 28, 29, 30, and 32. Installation of all remaining landscaping. 2 Co No trees are to be removed within the rear fifty-foot buffer. Preservation of trees along Greenbrier Drive to the greatest extent possible. Do The applicant shall install a street light at the new second entrance onto Greenbrier Drive. Staff will review the overall lighting needs for the site during the site plan review process, and the applicant will provide lighting as recommended by staff. Eo o 10. Planning Commission Modifications of: Section 5.3.3.1 to allow for the reduction in the 4,5000 square-feet area and required 45-foot width for the 71 existing and realigned units. Section 5.3.4.1 as noted in Section 5.3.7.2. Section 5.3.4.3 to allow for a reduction to 30 feet distant to two dumpsters for five units. A screening fence must be installed around both dumpsters. Section 5.3.4.4 to allow for the reduction of the 30~foot minimum distance between the existing and realigned 71 units. Issuance of the Modification is subject to Fire Official approval of the Final Site Plan. Section 5.3.5.1 to allow for a reduction of the 50-foot setback for 12 existing and realigned homes along Greenbrier Drive, but now less than 3 feet between the homes and the property line. Section 5.3.5.2 to allow twenty-one existing and realigned homes, along the Four Seasons PUD property line, a reduction of the 50 foot setback as follows: Between Rio Road and new lot 28, a. Seven homes to 3 feet; b. Two homes to 13 feet; and, c. One home to 30 feet. Between new Lot 21 and the bioretention pond, a. Eleven homes to 15 feet. Section 5.3.5.3 to allow for 7 homes, of the existing and realigned 71 homes, a reduction of the 15-foot setback to 5 feet from the internal private street. Section 5.3.5.4 to waive the requirements for lot lines of the 71 existing and realigned homes. Sheds and other storage structures may be constructed to a common wall. Sections 5.3.6 and 5.3.6.1 to allow for a waiver of application plan requirements, conditioned that the County approve both preliminary and final site plans before any construction activity is permitted. Site plan approval will not be granted unless adequate parking and outdoor living areas are provided on each existing, realigned, and/or proposed lot. Section 5.3. 7.2 to waive-the requirements for all markers for the new, existing, and realigned lots, conditioned that each mobile home be numbered and posted accordingly to the Road Naming and Property Numbering Ordinance and Manual for E911 purposes. Section 5.3.8.1 to waive the required six recreational vehicle parking spaces in the common area. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on May 17', 2000. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. if you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, David B. Benish Chief of Planning & Community Development DBB/jcf Cc: Amelia McCulley Jack Kelsey Steve AIIshouse Bob Ball STATE AND LOCAL GOVERNMENT CONFLIGT OF INTERESTS ACT 1. Name: TRANSACTIONAL DISCLOSURE STATEMENT For Officers and Employees of Local Government [Section 2.1-639.14(E)] David P. Bowerman 2. Title: Rio District Supervisor 3. Agency: Albemarle County Board of Supervisors 4. Transaction: SP-99-74 Townwood Mobile HOme Park (Signs #75 & 76) o Nature of Personal Interest Affected by Transaction: Personal interest and business relationship o Dated: I declare that: I am disqualifying myself from participating in this transaction and request that this fact be recorded in the appropriate public records for a period of five years. May 17, 2000 ' ' Signature STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: Eric L. Morrisette, AICP May 2, 2000 May 17, 2000 SP 99-74 TOWNWOOD MOBILE HOME PARK Applicant's Proposal: The existing mobile home park haS 71 units. The Board of Supervisors [BOS] approved a request to allow for .13 additional units in 1998 [SP 97-57]. Since that request, ownership of the mobile home park has changed and the additional units have not been placed. The new owner is seeking an additional 19 units and to relocate the existing.units with this proposal (Attachment A_~. The applicant has indicated that the requested additional lots are necessary to financially support the level of improvements needed for the entire mobile home park. The relocation of the existing units is an effort to shift units that are placed in a random pattern and align them in an arranged Order, which should visually enhance the mobile home park. Staff is reviewing this for 32 additional units and Overall layout of the mobile home park, including necessary modifications for non-conformities. Attachment B is a reduced copy of the proposed site plan. Petition: Townwood Mobile Home Park petitions the Board of Supervisors to issue a special use permit to allow.for the addition of 19 mobile homes [Section 17.2.2.17 of the Zoning Ordinance]. The recently approved 13 units [SP 97-57] have not been added to the park, and because the applicant is requesting a time extension of those 13 units, staff is reviewing this request for 32 new units. Also, since the existing nonconforming units are proposed to be shifted, staff has addressed the issue of remaining nonconformities. Property, described as Tax Map 61, Parcel 8, is located in the southeast comer of the intersection of Rio Road West and Hydraulic Road in the Rio Magisterial District (Attachment C). The property consists of approximately 12.6 acres and is zoned R-10, Residential. The area is located in Neighborhood 1 and is recommended for Urban Density [6.01-34 dwelling units per acre]. This proposal would result in a density of 8.2 dwelling units per acre. Character of the Area: This is the location of the existing Townwood Mobile Home Park. The 71 existing trailer home sites were established prior to the adoption of the 1980 Zoning Ordinance and its requirements for mobile home Parks and are, therefore, nonconforming. The site is located to the east of the Hydraulic Road/Earlysville Road/Greenbrier Drive intersection. The Townwood Townhomes are located adjacent, to the southwest. A fence is located along Greenbrier Drive between the mobile home park and the townhouses. Another mobile home park is located on Rio Road directly across from the Townwood Mobile Home Park. The property to the east is also developed with residential units [Four Seasons Apartments]. A cemetery exists in the southern comer of the subject parcel. The mobile home park is currently accessed by a recently constructed commercial entrance on Rio Road West. Planning and Zoning History.: The Board of Supervisors issued a Special Use Permit [SP 97-57] on June 10, 1998 to allow for 13 additional units (Attachment D). The 13 units have not been ~stablished to date. The new owners of the mobile home park have undertaken a number of initiatives to improve the park and instill a sense of community. Such efforts are outlined in pages 3 and 4 of Attachment A. They include cleaning up home sites, removing abandoned vehicles, removing a large dump site in the rear of the property, lease enforcement, establishment of management and maintenance offices, community newsletters, and sponsoring neighborhood activities. Comprehensive Plan: This site is recommended for Urban Density Residential [6.01-34 dwelling units per acre] in Neighborhood 1. Staff has reviewed the General Principles for Land Use in Designated Development Areas. These principles encourage infill development of vacant lands and development of under-used areas within the designated Development Areas. The current request to add units to the mobile home park is made possible by the connection of the existing units to public water and sewer. The applicant proposes to install a new water line for domestic consumption with this proposal. This allows use of land which could not be previously used due to the limitations of the infrastructure. Therefore, approval of additional units within the existing Mobile Home Park is consistent with the County's efforts to make use of the existing Development Areas. The provision of affordable housing is consistent with the County's Comprehensive Plan and Housing Strategy goal to "promote a variety of safe, sanitary and affordable housing types for County residents of all income groups". An objective of the County Housing Strategy Plan (March, 1995) is to "provide or encourage development of a Variety of affordable housing types." Mobile Homes provide an affordable housing alternative. Staff has met with the Housing Director and, although written comments have not been provided, in which no objections to this proposal have been raised. Staff notes that the Housing Department has commented favorably on the on-going efforts of the current property manager to increase the quality of life for the residents of Townwood Mobile Home Park. The Housing Director may provide additional comments at the Planning Commission meeting. RECOMMENDATION: Staff has reviewed this request for compliance with the provisions of Section 31.2.4.1 of the Zoning Ordinance and recommends approval with conditions. STAFF COMMENT: Staffhas reviewed this proposal in four parts: 2. 3. 4. 5. Section 31.2.4.1 of the Zoning Ordinance; Section 5.0 of the Zoning Ordinance; Development Impact to Public Facilities; Phasing of Development; and, Development Impact to Existing Residents. 1. Section 31.2.4.1 of the Zoning Ordinance: Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance. The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adiacent property, Staff has taken into consideration that the Townwood Townhomes were developed after the Mobile Home Park was in existence. The presence of the mobile home park did not prevent the development of this successful residential project. The Four seasons Development is also located adjacent to this Mobile Home Park. Staff believes that the Mobile Home Park predates the Four Seasons Development: [Staff notes that the property manager of the Mobile Home Park and the Four Seasons Development are the same. Therefore any conflicts which may arise should be resolved more effectively because of the common management.] Staff notes that adjacent property owners who have contacted Planning Staff, as of the date of this report, have presented no major concerns with this proposal. The Mobile Home Park is screened from the Townwood Townhouse Development by a fence that adjoins Greenbrier Drive. It is anticipated that the Virginia Department of Transportation will accept this portion of Greenbrier Drive into the State system, but before doing so, the current fence must be removed from the area that would be dedicated to right-of-way. Therefore, staff has conditioned that a new fence be installed on the subject property and that it be extended along the rear of all proposed and existing lots (Condition A2b). Staff has also required that a second entrance be installed onto Greenbrier Drive as discussed further in this report (Condition A2a). The proposed entrance will be located between the two entrances into the Townwood Townhouses and therefore should limit visibility into the Park as residents leave the Townwood Townhouse Development. Staff is also recommending as a condition of approval that the new entrance and travelway be landscaped in an effort to soften the aesthetic impact of the mobile home park on the surrounding developments (Condition A2g). Currently the mobile home park is not screened from the Four Seasons Development. As a condition of approval for SP 97-57 (Attachment D), screening was required to be installed adjacent to the proposed units adjacent to Four Seasons. The screening has not been installed, because the approved 13 units have not been installed. Rather than require screening for only the new lots of this proposal, staffhas included a condition that a screening fence be installed along the entire boundary of the Four Seasons development (Condition A3a). This proposal does disturb a wooded area in the rear of the development to allow for four to five units, a tot lot, and a stormwater detention basin. The wooded area i s well internal to the site. In an effort to minimize the impact~to the Townwood Townhouses along Cool Spring Road [adjacent to the south], the applicant has agreed to preserve the existing trees within the fifty foot building setback from the southern property line (Condition B). The fifty foot treed buffer should provide a reasonable buffer between the new development and existing adjacent properties. Although an increase in traffic Will occur as a result of the new entrance onto Greenbrier Drive, staff believes that the benefits gained from the new entrance (safer turning movements than on Rio Road, a second means of access for the Park's 103 units) far outweigh the impact of increased traffic. Staff has provided discussion regarding the new entrance and related traffic increases further in this report. With the new 3screening fences, a landscaped entrance, and a protected fifty foot treed buffer, staff believes the proposed addition of 32 units, as well as the relocation of the existing units, will have minimal impact to adjacent properties. that the character of the district will not be changed thereby, This area is a residential district and all adjacent property is developed residentially. Some clearing of undeveloped areas will occur in the rear of the site, primarily for lots 16-20. A the fifty-foot treed buffer, as well as screening fences,, should protect the character of the district. The relocation of the existing m6bile homes and installation of new mobiles will likely necessitate the removal of a number of mature trees on-site. During review of the site plan, lot and mobile homes shall be established to minimize tree clearly where possible. The proposed addition to the mobile home park is residential in nature and is not viewed as contributing to a significant change to the overall character of the district. and that such use will be in harmony with the purpose and intent of this ordinance, Staff has reviewed this request for compliance of Section 1.4, Section 1.5, and Section 1.6 of the Zoning Ordinance and finds no conflict. Staff opinion is that this proposal may be considered to be consistent with the purpose and intent of the Ordinance as it promotes affordable housing. with the uses permitted by right in the district, Approval of this request will not negatively affect permitted uses within the district. with additional regulations provided in Section 5.0 of this ordinance, Staff has provided discussion below. and with the public health, safety and general welfare. The existing mobile home park has no fire hydrants, stormwater management, or access road meeting minimum standards for emergency access. AS a condition of site plan approval, the location of the fire hydrants to serve the entire development [new and existing units] will be required (Condition A1 a2). In addition, the internal access road will be required to be widened to 20 feet to meet the minimum emergency access standards and a stormwater management facility will be installed (Conditions A1 a). Such issues can be addressed during the site planning stage. Staff will require the submission and approval of a site plan prior to the placement of any units. Staff is also recommending that a new entrance be installed onto Greenbrier Drive. The 71-unit mobile home park is currently accessed by one entrance located on Rio Road West. The Site Review Committee believes that a second entrance is warranted for two reasons: Section 32.7.2.4 of the Zoning Ordinance: It specifically states "For a development of fifty (50) or more dwelling units, reasonably direct vehicular access shall be provided from all residential units to two (2) public street connections". Although the mobile home park was established prior to this provision of the Zoning Ordinance, the addition of 32 units will raise the total number of units well beyond the 50-unit requirement [103 total units]. The applicant has provided a second access onto Greenbrier Drive. Although Greenbrier Drive is not a public road to date, it is anticipated that it will be incorporated into the State system soon. Should the acceptance of the road not occur prior to approval of a site plan, staff will ensure that appropriate agreements are 4 obtained for the mobile home park to have private road access to Rio Road West via Greenbrier Drive. The Engineering Department and.the Virginia Department of Transportation [VDOT] reviewed the proposed entrance and have identified no problems with its location. Safety: The Rio Road entrance that currently serves the mobile home park is not signalized, and because of its proximity to the signals at Four Seasons Drive and Greenbrier Drive, cannot be signalized. Since the establishment of the mobile home park, traffic has increased significantly, thus leading to a recent widening of Rio Road West to four lanes. Staff recognizes the safety concerns that will increasingly arise as residents of the mobile home park attempt to make left tums onto Rio Road West. Getting the residents to a signal for left Un'ns was a major concern for staff. As previously mentioned, the applicant proposes a second entrance onto Greenbrier Drive. The new entrance will enable the residents of the mobile home park to get to a signalized intersection for left tums onto Rio Road West. Staff has included a condition to insure that the location of the new entrance be.in general accord with the location as shown On the sketch plan (Condition A2a). Some residents of the Townwood Townhomes development have contacted staff and have indicated the concern with poor lighting along Greenbrier Drive, especially in the area of the proposed second entrance to the mobile home park. Staff agrees that lighting of the intersection should increase safety and has conditioned lighting of the new intersection (Condition C). The new lighting should have minimal adverse impact to adjacent properties, because no townhomes are located immediately across Greenbrier Drive from the entrance. The inclusion of a new entrance will contribute to an increase in traffic on Greenbrier Drive. Based on the Institute of Transportation Engineers [ITE] traffic generation figures, one mobile home generates 4.81 trips per day. Therefore, the additional 32 units will generate an additional 154 trips per day. The entire 103 units will generate an estimated 495 trips per day. It is estimated that this figure will be split as the traffic will be accommodated by two different entrances. The Engineering Department and VDOT's review has revealed that the existing Greenbrier Drive has the capacity to accommodate the increase in traffic from the new entrance. 2. Additional Regulations of Section 5.0 of the Zoning Ordinance: Section 5.3 of the Zoning Ordinance regulates Mobile Home Parks (Attachment E). The Townwood Mobile Home Park existed prior to the adoption of the Zoning Ordinance and does not comply with the provisions of Section 5.3. The Department of Building Code and Zoning Services has reviewed this request and has determined that the new lots will generally be conforming to all regulations (except in relation top new dumpster locations), but the relocation of the existing units will require Planning Commission modifications of Section 5.3 (Attachment F). The Zoning Department can support all but a few of the necessary modifications. The analysis of the provisions of Section 5.3, in relation to the relocation of the existing trailers, is provided below. The applicant is requesting a "blanket waiver" of all requirements of Section 5.3 to allow for the realignment of the existing units. Currently, the existing layout of the mobile home park would require Planning Commission approval of all of the modifications in 5.3. In most cases, although a modification .is necessary~ the resulting product will be better than what currently exists. The Planning and Zoning Departments can support the following modifications to allow for the realignment of the existing units: bo eo Section 5. 3. 3.1 - Modification of the existing and realigned 71 lots to reduce the required 4,500 square-feet area and the required 45-foot width to those shown generally on the plan dated December 9, 1999 and revised February 3, 2000. Section 5. 3. 4.1 -Modification as noted in Sections 5.3.7.2. Section 5.3.4.3: There are five homes proposed within 50 feet of two dumpsters. (One new lot, one existing home and three realigned homes.) A modification to 30 feet will be needed to allow the plan as proposed. This is an increase from the existing situation, in which at least one. trailer is approximately 20 feet from the dumpster. Because dumpsters are not required, but are offered as a convenience to the residents, we can support this modification if a condition is added to insure a screening fence around each dumpster (Condition D3). Section 5.3. 4. 4- Modification of the existing and realigned 71 lots to reduce the required 30-foot minimum distance between mobile homes. This requires approval of the Albemarle County fire official (Condition D4). Staff notes that the resulting spacing of the mobile homes would not be substantially different from the existing space separation, though it would be more uniform. Section 5.3.5.1 - Modification of the required 50-foot setback from an existing public street, in this case, Greenbrier Drive. Twelve homes along Greenbrier Drive do not meet this setback before or after realignment. Staff supports a modification from 50 feet to a minimum of three feet between the mobile homes and that property line. [Technically, Greenbrier Drive is not yet a public street, but has been dedicated to public use and the owner is currently working towards acceptance for maintenance by the Virginia Department of Transportation.] The new lots do satisfy the 50-foot setback requirement. Staff does not support a modification for two trailers that will be located within 50 feet from Rio Road, as further discussed below [Section 5.3.4.3 and 5.3.5.1]. Section 5. 3. 5.2 - The twenty-one existing and realigned homes adjacent to the Four Seasons PUD need modification from 50 feet as follows (Note- The modification is for existing mobile homes being reali, gned, which currently do not meet setbacks.): Between Rio Road and new lot 28, - Seven homes need reduction to 3 feet; - Two homes need reduction to 13 feet; and, - One home needs reduction to 30 feet. Between new Lot 21 and the bioretention pond, - Eleven homes need reduction to 15 feet. go Section 5.3.5.3 - Of the 71 existing and realigned homes, nine homes will need a reduction of the 15-foot setback to 5 feet from the internal private street. This includes the two relocated homes that do not meet the 50-foot setback from Rio Road and the mailbox unit. jo ko Section 5. 3.5. 4 - Waive the requirement for lot lines for the 71 existing and realigned homes, but have added a condition of approval that permits sheds and other storage structures to be constructed to a common wall (Condition DS), Section 5. 3. 6 and 5. 3. 6.1 - Modification of the application plan section to accept the submitted plan, but only if requiring submittal and approval of both preliminary and final site plans before any construction activity is permitted (Condition D9). Section 5.3. 7.2- Waive the requirement for markers for the new, existing and realigned lots, but add a condition of approval that requires each mobile home to be numbered and posted according to the Road Naming and Property Numbering Ordinance and Manual for E911 purposes (Condition D 10). Section 5. 3.8.1 - Since no RV spaces exist, staff can support waiving the requirement of six spaces for the 65 realigned homes. The following list of ordinance sections represents possible modifications or waivers that staff does not support. Staff notes that should the Planning Commission not grant the following modifications, the applicant may pursue these modifications with the availability of additional information during the site plan review process. ao bo co eo 5.3.4.3 and 5.3.5.1 - We do not support modifying the 50-foot setback for two existing homes proposed to be relocated closer to the mailbox unit and Rio Road. There appears to be adequate room for redesign. Section 5. 3. 5. 3 - New Lot 11 needs reduction of setback from the new access to Greenbrier Drive if it is required. The modification would be from 15 to 5 feet. Staff would prefer to see Lot 12 narrowed and the setback on Lot 11 maintained, therefore issuance of such modification is not supported. Section 5. 3. 7. 3 - No outdoor living areas are shown on the current plan. Staff believes that the required 100 square feet of outdoor living area (patio) should be provided. This may be best addressed during site plan review when more detail is available. [See paragraph below] Section 5. 3.8.1 - Off-street parking is not shown specifically on this plan. Staff will not support any modification of these requirements, including at a minimum two 9'xl 8' spaces at each home and three recreational vehicle parking spaces required for the new 32 lots. This can be addressed at the site planning stage. [See paragraph below] Section 5. 3. 8. 2 - This section deals with the construction standards for the internal private roads. The Engineering Department has commented that they do not have enough information regarding what sfandards are being met and what waivers or modifications are needed. Any modifications of this section will have to be addressed during site plan review. Staff requested further information regarding parking on the proposed plan, but it was not provided. The applicant wishes to provide such information during the site review process. Parking and outdoor living space areas are required Supplementary Regulations of the Zoning Ordinance and staff believes that they must be met for approval of the site plan. Site plan approval will not be granted unless adequate parking and outdoor living areas are provided on each existing, realigned, and/or proposed lot. (See Condition D9). 7 3. Site Development Issues: The applicant has provided information regarding the existing topography and proposed grading of the site (Attachment I and enclosed full size plan, received March 24, 2000).' The Engineering Department has reviewed the schematic plan for this proposal and has recommended approval subject to review and approval of the site plan (Attachment J). In their comments the Engineering staff identified several site development issues which may impact the location and/or total number of lots that can be achieved on this site. Specifically, these are comments 3, 4,and 5, which refer to existing pipes which will require drainage easements, necessary sight easements for the internal road, and grading for the road connection tc~ Greenbrier Drive, which may. impact adjacent lots. The need for the drainage easement over the · existing piped stream could impact proposed lots 7, 12, 13, and 17. The grading for the connector road to Greenbrier Drive could impact the ·development potential of lots 7 and 11. The sight distance issue could impact the location of the existing mobile home lot across the street and opposite proposed lot 13. Furthermore, Planning staff is of the opinion that lot 16 should not be approved as proposed. Its proximity to Greenbrier Drive combined with the elevation of the lot would make that lot more visible from the road. Relocation of this lot could also potentially reduce the length of road that needs to be constructed. Also, the location of the proposed recreational areas would be better located further away from Rio Road and off of the wooded sloped area at the rear of the site. Staff would recommend that a minimum of one tot lot and an open space play area be established on the property. Final location for the recreational areas can be determined with review of the site plan. In summary, the development potential of a total of seven lots could be impacted by issues identified by Engineering and Planning staff. These issues can be further addressed with the review'of the site plan. However, because this proposal fully develops the property staff is reluctant to provide blanket approval for the additional 19 lots (totaling 32 new lots with the prior SP approval) because of the some outstanding issues which cannot be resolved until the site planning stage. Staff would recommend that the total number of new lots approved be limited to 25, provided that if the owner satisfies the issues identified by the Engineering Department (2/22/00 memo) and Planning Department (including the location/design of recreational facilities and the location of 16) to the satisfaction of the Agent and County Engineer, then up to seven additional lots shall be allowed (for a total of up to 32). 4. Development Impact to Public Facilities: At the request of the Board of Supervisors, the planning staff reviews requests resulting in additional dwellings for their fiscal impact on public and transportation facilities. The Fiscal Impact Planner has provided this analysis as Attachment G. This analysis is limited to those applications that have some affect on facilities that are identified in our CIP or Six Year Road Plans and have a cost associated with them. The analysis Will be based on a fair share determination of a particular development's impact to affected facilities. It must be pointed out that this analysis is cursory, due to lack of information on revenues and the amount attributable to this development. The costs outlined by the Fiscal Impact Planner only indicate the proportionate share of construction cost for the additional development generated by the approval of the special use permit over the current development. As indicated by the Fiscal Impact Planner "... the development of another 32 mobile home sites would result in an annual net fiscal impact of negative $96,000", with the biggest drain associated.with the project [$138,000 before revenues] coming from 13 additional pupils in the schools. Facility Impacts: The following are those facilities that will be affected by the special use permit request: A. Transportation - No projects are identified in the CIP or Six Year Plan. School Expenditures - Schools affected by this proposal are Agnor-Hurt Elementary, Suthedand Middle, and Albemarle High Schools. Based on the CRIM's pupil generation assumptions for mobile homes, this project will result in a total of 7 additional elementary school students, 3 middle school students and 3 high school students. Cost attributable to this development proposal on total school expenditures is $138,000. Co County Government Expenditures - The cost attributable to total County government expenditures is $21,000 Generated Revenues: The additional 32 mobile homes are estimated to generate $9,000 from property taxes and $54,000 from "Other revenues" as outlined by Attachment G. Conclusion: As noted by the Fiscal Impact Planner, "Residential development, generally does not pay for itselfi" It is also noted that "If Albemarle does not approve SP 99-74, the growth that is assumed to be associated with this proposed development would likely take place somewhere else in the County." This growth could likely take place outside of the designated development areas. It is strongly urged that the Board's action "...should take into consideration a number of issues other than the project's fiscal impact. These issues would include, but would not necessarily be limited to, affordable housing, transportation impacts, and environmental well-being." This project will provide affordable housing in the growth area and does allow for a safer ingress and egress for residents of the mobile home park. Staff finds the associated negative impact to fiscal facilities to be minimal in comparison to the overall benefits gained. 5. Phasing of Development: Due to the multiple projects proposed, staff has worked with the applicant to clearly delineate a timeline for the proposed development. The Zoning Administrator has provided detailed comments in Attachment F. Discussion of the Phases is presented below. The sub-phases of each Phase (identified by letters), are in chronological order.~ These Phases are included as Conditions of Approval. Please note that the application plan submitted with this special use permit request does not depict phasing at this time. Phasing will be shown accordingly on the future preliminary site plan. Phase 1' Co Phase 2: bo Supporting Infrastructure: In order to establish the necessary supporting infrastructure, Phase 1 must include: 1. Installation of new water lines for domestic consumption; 2. Installation of the new water lines for fire safety (including two new fire hydrants); 3. Installation of the new stormwater system; and, 4. Widening the internal road. Construction of the First 13 Lots: Phase 1 can also include construction and installation of the first 13 homes. As noted by the Zoning Administrator, "Thirteen is the number of new homes currently allowed under SP 97-57 without an additional entrance and also a conventional number since lots 7, 9, 10, and 11 through 20 comprise 13 lots that require earth disturbing activities which'could be accomplished during the construction of the water lines". Also, the addition of the first 13 units will not require the relocation of any existing trailers. Tot lot~recreation area: The tot lot located in the rear of the site shall be developed with Phase 1, because Phase 1 will already disturb the rear of the site. Staff suggests that in an open grass area may serve the residents better than an additional tot lot. Therefore, Planning staff reserves the right to work with the applicant to establish a flat grassed area in the vicinity of the proposed rear tot lot, in lieu of the tot lot (See Condition Alc). Landscaping: As previously mentioned, the applicant will need to comply with an approved tree preservation plan for the trees within the rear fifty-foot buffer. All landscaping proposed for planting in the area of Phase 1 should be established with Phase 1. If any subsequent phases present a threat to landscaping shown in Phase 1, the applicant can bond accordingly the landscaping that may need to be established during other phases. Second Entrance: As previously mentioned, Section 32.7.2.4 of the Zoning Ordinance requires a second entrance to a public street be established prior to development of a 50 unit. Staff believes that the first 13 units can be established without construction of such entrance, because the applicant already has approval to establish 13 units as a result of SP 97-57. However, staff believes that a Certificate of Occupancy should not be granted for the 14th unit until the second entrance is constructed. Phase 2 must incorporate the construction of the second entrance. Fence along Greenbrier Drive: Currently, a fence exists along the length of the .Greenbrier Drive side of the subject property. As noted, the fence eXists in the future VDOT right-of-way of Greenbrier Drive and will have to be removed with the public dedication. Since the construction of the second entrance will breach the existing fence, it is a logical time to require that a new fence be constructed in Phase 2. The new screening fence must be entirely on the Townwood Mobile Home Park property and must span the length of all developed lots adjacent to Greenbrier Drive. Fence Along the Four Seasons PUD: To minimize disturbance to adjacent properties in the Four Seasons PUD, the applicant must install a screening fence entirely on the Townood Mobile Home Park property and must span the length of all developed lots along such property line. Construction of Lots 6, 31, and 23 Through 27: Construction of these lots does not involve realignment of any existing trailers. Upon completion of"a" and "c", these lots can be constructed. l0 go Realignment of Existing Units: Staff believes that realignment of existing units along Greenbrier Drive and within the center of the Park's internal loop road should occur in Phase 2. This will accommodate construction of Lots 1 through 6 and Lot 8. Construction of Lots 1 Through 6 and Lot 8: Upon completion of above noted "a", "b", and "e", Lots I through 6 and Lot 8 can be developed. Tot Lot: The tot lot located in the front of the Mobile Home Park (fronting Rio Road West) will be established with Phase 2. Surfacing of The Internal Road: Since heavy equipment will no longer be frequenting the site to establish infrastructure and a new entrance, staff believes that the applicant can provide the new road surface to the internal road with Phase 2. Landscaping: All landscaping proposed for planting in the area of Phase 1 should be established with Phase 2. If any subsequent phases present a threat to landscaping shown in Phase 1, the applicant can bond accordingly the landscaping that may need to be established during other phases. Phase 3: ao Realignment of Remaining Units: All remaining units will be realigned with Phase 3. units are located along the Four Seasons PUD side of the subject parcel. Construction of Lots 21, 22, 28, 29, 30, and 32: Upon completion of above noted "a", construction of Lots 21 through 32 can occur. Landscaping: All remaining landscaping must be installed with Phase 3. These 6. Development Impacts to Existing Residents: Although not specifically outlined in the Zoning Ordinance, staff believes that the hardship endured by residents within the subject development must be noted. It is essentially the owner's by-fight choice to remove or relocate any trailers as long as the issue of nonconformities is addressed. As noted, the applicant is proposing to shift the existing 71 mobile homes that currently appear to be randomly placed and place them in a more orderly fashion. The shifting of these existing units is an effort to make the mobile home park more aesthetically pleasing. The shifting of these units will create a hardship to the existing residents. Such burdens include, [but not limited to] relocation of steps and decks, reestablishment of foundations, re-skirting, disconnection and reconnection of utilities, and moving of furniture. The applicant has provided a letter addressing how the owner intends to minimize the disruption to the quality of life of the residents during the improvements to the park (Attachment H). The applicant has stated that the entire development proposal will have a construction period of two years from the final site plan approval (Condition A). A description of the Phases was previously provided. During timeframe of the first phase, the property manager will take advantage of normal lease turnover to relocate existing home sites. As noted, should an existing home require .relocation, the owner has agreed to minimize the level of disruption as much as possible. The applicant has noted; "During all relocations, the management staff will provide moving assistance and the owner will be responsible for any reasonable expenses incurred by the inconvenienced resident(s)". Staff views this agreement as a good faith effort to minimize the level of disruption to the quality of life for the existing residents and believes that the applicant will adhere to such agreement. Summary,: Staff has identified the following factors, which are favorable to this request: 4. 5. 6. 7. 9. 10. 11. 12. 13. The addition will not adversely impact adjacent residential properties; The addition of a second access provides for a more safe and convenient access to and from Rio Road West at a signalized intersection; Capacity exists on Greenbrier Drive to accommodate the increase in traffic; Provides affordable housing in the Development Areas; Consistent with the provisions of the Comprehensive Plan; Generally consistent with Section 32.2.4.1 of the Zoning Ordinance; The existing internal travelways will be upgraded to minimum safety standards; Provision of a stormwater management facility; Provision fire hydrants; Provision of tot lot/recreation area; Provision of a fifty-foot treed buffer along the rear of the site; Addition of landscaping, screening, and uniform trailer sites will enhance the aesthetics of the mobile home park; Realignment of the existing mobile homes will enhance the aesthetics of the Mobile Home Park Staff has identified the following factors which are not favorable to this request: Increase in traffic generated from the additional units, with increased impact to Greenbrier Drive; Negative fiscal impact; Staff cannot support modification of Sections 5.3.4.3; 5.3.5.1; 5.3.5.3; 5.3.7.3; 5.3.8.1; and 5.3.8.2 (as outlined on Page 7 and 8) at this time. Some loss of open space area and mature trees on site with the development/redevelopment of the site. Although unfavorable factors have been identified with this proposal, staff believes that the benefits regar, ding the overall improvements to the site with this proposal outweigh the negative factors. The increase in public safety and improvement in order, appearance and environment of the mobile home park are factors in staff's recommendation of approval. Furthermore, staff believes that the Commission's decision to not grant the above noted modifications will not hinder development of this project. Staff may support such modifications upon submittal of additional information with a submitted, more detailed, preliminary site plan. RECOMMENDED ACTION: Staff recommends approval for the addition of 25 units and the internal relocation of the existing units within Townwood Mobile Home Park, with conditions. If the owner satisfies the issues identified by the Engineering Department (2/22/00 memo; Attachment J) and Planning Department (including the location/design of recreational facilities and the relocation of lotl 6) to the satisfaction the Agent and County Engineer, then up to seven additional lots shall be allowed (for a total of up to 32). 12 RECOMMENDED CONDITIONS OF APPROVAL: ApproVal for the addition of 25 units and the internal relocation of the existing units within Townwood Mobile Home Park. If the owner satisfies the issues identified by the Engineering Department (2/22/00 memo, Attachment J) and Planning Department (including the location/design of recreational facilities and the relocation of lot 16) to the satisfaction the Agent and County Engineer, then up to seven additional lots shall be allowed (for a total of up to 32). Bo The development project shall be completed in 2 years from Final Site Plan Approval. The phases and sub-phases are outlined in the following chronological timeline: 1. Phase 1: a° Co d° Installation of necessary supporting infrastructure, which must include: 1. Installation of new water lines for domestic consumption; 2. Installation of the new water lines for fire safety (including two new fire hydrants); 3. Installation of the new stormwater system; and, 4. Widening of the internal road. Construction of the First 13 Lots (Lots 7, 9, 10, and 11 through 20) as depicted on the application plan. No existing trailers are to be relocated during Phase 1. Installation of the tot lot and/or open space play area located in the rear of the site. The applicant may install a flat, grassed area in an area to be determined with the review of the site plan. Installation of Phase 1 landscaping, which includes compliance with the tree preservation area located within the rear fifty-foot buffer. If any subsequent phases present a threat to landscaping shown in Phase 1, the applicant can bond accordingly the landscaping that may need to be established during other phases. 2. Phase 2: a° bo do g. Installation of a second entrance onto Greenbrier Drive that is in accord with the application plan. A Certificate of Occupancy will not be granted for the 14th unit until the second entrance is constructed. Installation of a screening fence that must be entirely on the Townwood Mobile Home Park property and must span the length of all developed lots adjacent to Greenbrier Drive. Installation of a screening fence that is entirely on the Townwood Mobile Home Park property and must span the length of all developed lots along the Four Seasons PUD property line. Construction of Lots 6, 31, and 23 through 27, as it will not involve realignment of any existing units. Realignment of the existing units along Greenbrier Drive and within the center of the Park's internal loop road to accommodate construction of Lots 1 through 6 and Lot 8. Construction of Lots 1 through 6 and Lot 8. Installation of the second tot lot, fronting Rio Road West. Co ho Installation of the final surfacing to 'the internal loop road. Install'ation of Phase 2 landscaping. Landscaping shall include plantings at the new second entrance and the new travelway. If any subsequent phases present a threat to landscaping shown in Phase 2, the applichnt can bond accordingly the landscaping that may need to .be established during other phases. 3. Phase 3: Realignment of the remaining units that are located along the Four Seasons PUD side of the subject parcel. Construction of Lots 21, 22, 28, 29, 30, and 32. Installation of all remaining landscaping. No trees are to be removed within the rear fifty-foot buffer. The applicant shall install a street light at the new second entrance onto Greenbrier Drive. Planning Commission Modifications off 1. Section 5. 3. 3. ! to allow for the reduction in the 4,5000 square-feet area and required 45- foot width for the 71 existing and realigned units. 2. Section 5.3.4.1 as noted in Section 5.3.7.2. 3. Section 5.3.4.3 to allow for a reduction to 30 feet distant to two dumpsters for five units. A screening fence must be installed around both dumpsters. 4. Section 5. 3. 4. 4 to allow for the reduction of the 30ofoot minimum distance between the existing and realigned 71 units. Issuance of the Modification is subject to Fire Official approval of the Final Site Plan. 5. Section 5. 3. 5. ! to allow for a reduction of the 50-foot setback for 12 existing and realigned homes along Greenbrier Drive, but now less than 3 feet between the homes and the property line. 6. Section 5.3.5.2 to allow twenty-one existing and realigned homes, along the Four Seasons PUD property line, a reduction of the 50 foot setback as follows: Between Rio Road and new lot 28, a. Seven homes to 3 feet; b. Two homes to 13 feet; and, c. One home to 30 feet. Between new Lot 21 and the bioretention pond, a. Eleven homes to 15 feet. 7. Section 5. 3.5. 3 to allow for 7 homes, of the existing and realigned 71 homes, a reduction of the 15-foot setback to 5 feet from the internal private street. 8. Section 5.3.5.4 to waive the requirements for lot lines of the 71 existing and realigned homes. Sheds and other storage structures may be constructed to a common wall. 9. Sections 5. 3~. 6 and 5. 3. 6.1 to allow for a waiver of application plan requirements, conditioned that the County approve both preliminary and final site plans before any construction activity is permitted. Site plan approval will not be granted unless adequate parking and outdoor living areas are provided on each existing, realigned, and/or proposed lot. 10. 11. Section 5. 3. 7.2 to waive the requirements for all markers for the new, existing, and realigned lots, conditioned that each mobile home be numbered and posted accordingly to the Road Naming and Property Numbering Ordinance and Manual for Egl 1 purposes. Section 5.3.8. ! to waive the required six recreational vehicle parking spaces in the common area. ATTACHMENTS: A - Applicant's Special Use Permit Request and Justification B - Reduction of the Application Plan C - Tax Map and Location Map D - SP 97-57 Approval Letter Dated E - Section 5.3 of the Zoning Ordinance F - Zoning Administrator's Memo Dated February 28, 2000 G -Fiscal Impact Planner's Memo Dated H - Applicant's Letter Dated February 16, 2000 I - Applicant's letter Dated march, 24, 2000 J - County Engineer's comments, Dated 2/22/00 County of Albemarle Department of Building Code ax Application for Special Use Permit ATTACHMENT A Projeci Name ~,__o~__s, ~ a:r~ ~ ~s nnmm~! *Ex~fingUse.M°bile'H°ne Park ~ Mobile' H c me Park Proposed Use Mobile Hc~e Park *Zoning District Residen~n] R-10 *Zoning Ordinance Secfion number requcsted...S~t:ion i7~ Number of acres to be covered by Special Use Permit ,,i m~.u..~,~..va0 12.569 · Is fids an amendment to an existing Special Use Permit? Are you submitting a site development plan with this application? XXYesO No :Ye O. No iContact Person (Wi,om should w~ c~Uwm: concerning this project7): Kurt ~I. Gloeckner Address 22~16 Ivy. Road Suite 5 " City Charlottesv{1]~ State va Daytime Phone ( 804 ) 971-159~ Fax # 8na-pq'~-Tgn 7 ' EImail Zigo?qnq Owner of land (~ listed in the County's records).' Address PO' Box 5306 Daytime Phone ( 804 ') 977-4181 Townwo0d Mobile Hcme Park. LLC - Ci tyCharlotteSV~leS tare 'Fax ~ 804-295-8025 E-mail ... VA Zip 229"--' Applicant (Whoisthccontactperso. rcpres.~.i.g? Whoisrcqucsti,,gtl~:spccl--.,usc?): ~ iV~bile Hcr~ Park, LT..C Address PO Box 5306' CiDCha~lot:t~l]'~Statev~ 'Zi~?qn5 Daytime Phone ( 804' ) 977~-418! "F~ # 804r295-8025 E-mail' Tax map and parcel 61-8 Physical Address [if~ssigm:d)~r~. Crenshaw corn ~fionofprope~y(s~iat~io~.~)N~ ~"~t~s~on of ~o ~ (~te ~ 631 ) Does thc owner of this property own (or havc any ownership into.rest in) any abuuing property?: If yes, please list thosctaxmapandpareelnumbers TMP 61 X.2 - lA, 7MP 61 X 2 - 3A and ~ 61'X 1 - 3 OFF~CE USE ONLY History: O Special U,~ Pcmfits: ~"~' - ~""~(' ' O ZMAsaad ProffcrJ: CI Variances: Concurrent review of Site Development Plan? F4b,Wc sl~'~lcr O.No'Of Authorization ATTACHMENT A Section 31.2.4; I of the Albemarle County ZOning Ordinance states' that, "The board of supervisors l~eteby reserves unto itself the right to issue all special uie permits permitted hereunder. Special use permits for uses a:s 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 p.roperty, that the character of the district will not be changed thereby and that such use will be in h:u'mohy with the purpose and intent of this ordinance, with the uses permitted by right in the district, with additional regulations provided in section 5.0 of this ordinance, and with the public health, safety and general' welfare. -The items which follow will be reviewed by the staff in their analysis of your request. Please complete this form and provide additional information which will assist the County in its review of your request. If you need assistance filling out these items, stuff is available. What is !he Comprehensive'Plan designation for tiffs property? Urban'. Density' Howwi!l thc proposed spccial useaffcctadjacc!ntproperty?. Su~sban~.i~T' :hx~ro~nen'c.~/LO ~ property will in turn improve the adjacent properties.- See attached na~-~-ative. How will thc proptsed special use affect thc character of thc districi surrounding the propcrty'~ improv~_nts to the subject 'prope~-y W'~']~l' in turn 'improve the cb~cter of the district surrounding' 'the" property.' " see attached nar~ive. - How is thc usc in harmony With thcpurposc and intcn! ofihcZoning Ordinance? "The' proposed use is identical. to the existing use: but .~ill prOVide :a' better living envirorm~nt by improving services, Safety and .the-residents' :'quali.ty Of llfe.- See attached narrative. How is thc use in harmony with thc ~scs-permitted by right in thc district? 'I~e p~)~3_ ..~l~ ll.~*~ .W'J_ll p~lV*l' C~ additional' housing on. an".underutilized property-within-the use .~_zmitt~ by, right. see attached ' na~eive. · What additional rcgulation$ provided in-Section 5.0 of. the Zoning Ordinance apply to this useT. ~on 5.3 Mob~e Hcme Parks How will mis usc promote thc public health, sal'c,y, and'gencral wclf~rc of thc community? Sub~t~a.l j.mp~'bs ~e3:fare of ~he camu~i%y;-' 'e~-~ .attached n~rative. ATTACHMENT A Describe your request in detail and include all pertinent information such as tee numbers of persons involved in the use, operating hours, and any unique features of the use: See -attached narrative: ATTACHMENTS REQUIRED - provide two(2) copies of each: Recorded plat or boundary survey of the property requested for the rezoning. If there is · no recorded plat or boundary survey, please provide legal description of the property and the Deed :Book and page number or Plat Book and page number: Note: If ybu' are requesting a special use permit only for a portion of the property, it needs to be described or delineated on a copy of the plat Or surveyed drawing. Ownership information - If ownership of the property is in the name of any type of legal entity or organization including, but not limited to, the name ora 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 documen3 acc?ptable to the County must be submitted that is evidence of the existence and scope of the agency. OPTIONAL ATTACHMENTS:  Drawings.or conceptual plans, any. 3. if 4. 'Additional Information, if any. ! hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in filing this application. I also certify that the information provided is tree and accurate to the best of my knowledge. Signature Printed Name Date Daytime phone number of Signatory ATTACHMENT A Application for Special Use Permit TownwoodMobile Home Park December 10, 1999 The enclosed application for special use permit and attachments are provided for a request to amend SP-97-57, .approved June 10, 1998, for Albemarle County Tax Map 61, Parcel 8 known as Townwood Mobile Home Park. Specifically, SP-97-57 for Townwood Mobile Home Park conditionally allows the owner to develop 13 mobile home sites in addition to the existing 71 mobile home sites. The owner requests to amend SP-97- 57 to conditionally develop 19 additional mobile home sites (or 32 additional mobile home sites total). As we will demonstrate, this request conforms to the existing zoning, the existing use, and the existing comprehensive plan designation. Once this request is approved and the additional development is completed, residents and neighbors alike will benefit from an improved quality of life and a healthy living environment. ZONING The special use permit request conforms to the existing zoning permitted by right. Townwood Mobile Home Park is designated R-10 under the Albemarle County zoning ordinance, which provides for compact, medium-density residential development and allows' for up to 10 dwelling units per acre. The owner is seeking a total of 103 home sites, or 22 total dwelling units less than allowable by right. Therefore, approval of the special use permit request has no effect on the zoning ordinance. USE Townwood Mobile Home Park is an established mobile home park in Albemarle County. Under the special use permit request, the additional home sites will be an identical use to the existing use - mobile homes. Therefore, approval of the special use permit request has no effect on the use of the property. COMPREHENSIVE PLAN DESIGNATION ATTACHMENT A Townwood Mobile Home Park is located in Urban Neighborhood I on the County of Albemarle Comprehensive Plan. The comprehensive plan designation for Townwood Mobile Home Park is Urban Density. The Urban Density designation standard is 6 to 34 dwelling units per acre. Currently, at only 5.7 dwelling units per acre, Townwood Mobile Home Park does not meet the comprehensive plan .standard. As requested, however, Townwood Mobile Home Park post-development would meet the comprehensive plan standard at 8.2 dwelling units per acre. AFFORDABLE HOUSING Currently, the demand for affordable housing, particularly in Albemarle County, is much greater than the limited supply. Townwood Mobile Home Park provides low to moderate-income housing, but rarely has any vacancy. Approval of this request may help curb the increasing demand for affordable housing. INFILL VS. URBAN SPRAWL To meet the demand for affordable housing, land owners are tempted to add dwelling units to previously undeveloped parcels. Often, this practice enlarges the urban ring and leads to poorly managed growth. This request, however, promotes infill development and does not alter the existing urban ring. IMPROVEMENTS The benefits and enhancements associated with the special use permit request for Townwood Mobile Home Park are extensive. Please consider the following: New potable water system: a plan and specification for a new potable water system is pending approval by the Albemarle County Water Service Authority. The new system is a substantial improvement over the present system and will provide adequate water pressure to existing and new mobile home sites. Most importantly, the new water system will provide fire hydrants that are not required on the existing system. ATTACHMENT A Sewer system: a new sewer system, approved by the Albemarle County Water and Sewer Authority, was installed in the summer of 1997 to serve the current home sites. The current sewer laterals will support additional home sites. New internal road: provides for rough grading, filling depressions and applying a new road surface with a minimum road width of 20 feet. Dramatically improves the existing road conditions and drainage. Provides better fire/rescue/police accessibility, as well as access for resident services like trash removal and utility repair. New storm water detention and treatment system: provides storm water detention and treatment methods as required by current County of Albemarle standards. As part of the new system, underground detention pipes will be installed to equalize storm mn-off to the pre- improvement level. In addition, a bioretention basin will be installed to treat the stormwater as per the Chesapeake Bay Protection Act. Current mobile home sites: realigns home sites into symmetry and forms an aesthetically pleasing neighborhood New mobile home sites: meet current lot size requirements of 4,500 square feet, front on the internal road, and meet property line set- backs of 50 feet Tot lots: provides two (2) fenced recreational lots for young children including the following equipment on each lot: one (1) swing, one (1) slide, two (2) climbers, one (1) buckabout or whirl, two (2) benches Signage: provides a highly visible entrance sign and directional signs Landscaping: includes a plan to install additional trees and shrubs throughout Townwood Mobile Home Park, particularly near recreational areas and along the new internal road NEW MANAGEMENT Since the owner first acquired the property on July 21, 1999, the residents of Townwood Mobile Home Park have witnessed noticeable improvements in their neighborhood. The owner immediately employed Management Services Corporation of Charlottesville to provide an array of property management services. With more than 25 years of experience and a highly respected track record, Management Services Corporation initiated immediate efforts to improve Townwood Mobile Home Park. The owner, Management Services Corporation and the residents of Townwood Mobile Home Park worked closely together to accomplish the following: ATTACHMENT A Home site clean-up: each home site was cleared of trash and debris, miscellaneous junk items like old tires, used mattresses and furniture, were removed from the property to provide a cleaner, healthier and safer living environment. The owner provided free dumPster service to expedite the clean-up. Abandoned vehicle: vehicles that had been abandoned by the previous owners for years were removed from the property. The owner provided free vehicle towing to expedite the removal. Dump site clean-up: an area in the rear of the property, that the previous owner and residents apparently used as a dump site, was cleared of trash, debris and other miscellaneous junk items Lease policy enforcement: regular inspections are performed to insure that each home site is maintained according to standards Established management office: resident concerns are serviced by a full time property management staff Established maintenance office: resident maintenance issues are serviced by a full time maintenance staff Community Newsletter: a community newsletter is regularly distributed to the residents reminding them of policies and notifying them of scheduled activities or events Neighborhood activities: a regular schedule of neighborhood activities are planned where' residents can enjoy the company of other residents TIMELINE While many of the improvements will be scheduled immediately upon approval of this request, the owner anticipates completion of the additional development within two years of approval. The majority of the current home sites will be re-aligned in order to provide better organization and order to the community, a wider internal road with set-backs, and efficient access to new utilities. Re.alignment of a current home site will likely occur when a current lease expires. After re-alignment, new utility lines will be trenched-and carried to each. home site for future hook-up. Therefore, careful management and execution of the project plans will accomplish the goals of this request with minimal disruption to the residents and the neighborhood. ATTACHMENT B RECEIVED ALBEMARLE COUNTY 45 ATTACHMENT C SP 99-74 TownWood MObile Home ! cn'Y OF CHAR 77 JACK JOUETT, RIVANNA AND RI 0 DISTRICTS SECTION ATTACHMENT C $ Albemarle Airport 'x.._..SP 99-74 Townwood Mobile Home Park / ~ jl,~/. .VILLE ..% I ! COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 ATTACHMENT D June 23, 1998 James Hill Virginia Land Company 195 Riverbend Drive Charlottesville, VA 22911 SP-97-57 Townwood Mobile Home Park Tax Map 61, Parcel 8 Dear Mr. Hill: The Albemarle County Board of Supervisors, at its meeting June 10, 1998, approved the above- noted request to add fit'ceen (15) additional units to an existing mobile home park. Please note that this approval is subject to the following conditions: o 7. 8. 9. Not more than 13 additional units shall be permitted. All new units shall be setback at least 15 feet from the designated internal road. The minimum street width shall be 20 feet with a prime and double seal surface except in the area noted on the plan by staffas "Portion of Road with Island, WDF 4/9/98". The existing travelway in the "Portion of Road with Island" shall be paved. Defined roadside ditches and drainage culverts shall be provided where deemed necessary by the Director of Engineering. The provisions &Section 5.3 shall apply to all new units except as noted in this special use permit or as may be modified by the Planning Commission during the review of the site plan. A tot lot meeting the requirements of Section 4.16.2.1 of the Zoning Ordinance shall be provided. The tot lot shall be located such that it is not within 50 feet of any existing unit. The applicant shall obtain Engineering Department approval of modifications to the drainage system at the rear of the property which conveys water from Greenbrier Drive. Fire hydrants shall be located to serve the entire Townwood Mobile Home Park and the location of the hydrants must be approved by the Fire Official. One recreational vehicle parking space shall be provided. ATTACHMENT D 10. 11. 12. 13. No clearing or grading shall occur other than that which is necessary to improve the existing internal road, meet building code requirements for the placement of units and to provide for utilities. A minimum 6-foot high screening fence shall be provided on Greenbrier Drive and adjacent to the~gas pipe!ine from the end of the existing fence to the edge of lot 3 where it abuts the open space. A vegetative buffer, presumably white pine, in an amount at least equivalent to what would have been spent on the proposed 6-foot high screening fence, shall be provided adjacent to the Four Seasons Development on lots 8, 9, 10, 11 and 12, with th~ intent being to provide a large screening buffer behind the new mobile homes. Required fencing shall be maintained and replaced if it should be damaged. Building Official verification of adequate water pressure to all units, both new and existing, prior to approval of site plan; and No site plan shall be approved until all violations cited in Zoning Administrator's Notice of Determination of Violation, dated May 6, 1998 have been abated. In the event that the use, structure or activity for which this special use permit is issued shall not be commenced within eighteen (18) months after the issuance of such permit, the same shall be deemed abandoned and the authority granted thereunder shall thereupon terminate. For purposes of this section, the term "commenced' shall be construed to include the commencement of construction of any structure necessary to the use of such permit within two (2) years from the date of the issuance thereof which is thereafter completed within one (1) year. Before beginning this use, you must obtain a zoning clearance from the Zoning Department. Before the Zoning Department will issue a clearance,'you must comply with the conditions in this letter.. For further information, please call Jan Sprinkle at 296-5875. If you should have any questions or comments regarding the above-noted action, please do not hesitate to contact me. Sincerely, Ronald S. Keeler Chief of Planning RSK/jcf cc: Amelia McCulley Jack Kelsey ALBEMARLE COUNTY CODE ATTACHMENTE 5.3 MOBILE HOME PARKS (Original section repealed and section reenacted 3-5- 86) A mobile home park may be established by the commission and board of supervisors by special use permit obtained pursuant to section 31.0 of this ordinance. It is intended that a mobile home park be located and designed so as to provide and maintain a desirable residential environment for the residents of the park and the residents of adjacent i~ropenies. Mobile home parks shall be located in designated growth areas of the comprehensive plan. 5.3.1 MINIMUM SIZE MOBILE HOME PARKS A mobile home park shall consist of five (5) or more comiguous acres. 5.3.2 MAXIMUM DENSITY A mobile home park shall conform to the maximum gross density requirements of the district in which it is located. 5.3.3 MINIMUM LOT SIZES Each mobile home lot shall comply with the following area and width requirements: 5.3.3.1 Mobile home lots shall consist of four thousand five hundred (4,500) square feet or more. and shall have a width of forty-five (45) feet or more. 5.3.3.2 Mobile home lo~s served by either a central water or central sewerage system shall consist of forty thousand (40,000) square feet or more, and shall have a width of one hundred (100) feet or more. 5.3.3.3 Mobile home lots served by neither a central water supply nor a central sewerage system shall consist of sixty thousand (60,000) square feet or more and shall have a width of one hundred thirty (130) feet or more. 5.3.4 LOCATION OF MOBILE HOMES 5.3.4.1 Each mobile home shall be located on a mobile home lot. The lot shall also prov'ide space for outdoor living and storage areas and may provide space for a parking area. 5.3.4.2 Each mobile home lot shall front on an internal street. 5.3.4.3 No mobile home shall be located closer than fifty (50) feet from any service or recreational structure intended to be used by more than one (1) mobile home. 5.3.4.4 The minimum distance between mobile homes shall be thirty (30) feet. The Albemarle County fire official may require additional space between mobile homes if public water is not available or is inadequate for fh'e protection. 18-5-23 ALBEMARLE COUNTY CODE ATTACHMENT E 5.3.5 SETBACKS AND YARDS 5.3.5.1 Mobile homes and other stnlctures shall be set back at least fifty (50) feet from the right-of-way of an existing public street. 5.3.52. Mobile homes and other structures shall be set back at least fifty (50) feet from the mobile home park property line when it is adjacent to a residential or rural areas district, 5.3.5.3 Mobile homes and other structures shall be set back at least fifteen (15) feet from the right-of-way 6f internal private streets, common walkways and common recreational or service areas. This distance may be increased to twenty-five (25) feet for mobile homes or structures at roadway intersections and along internal public streets. 5.3.5.4 Mobile homes and other structures shall be set back at least six (6) feet from any mobile home space lot line. 5.3.6 APPLICATION PLAN REQUIRED An application plan shall be submitted as part of the application for a mobile home park. The plan shall be reviewed by the site plan review committee, but shall be considered preliminary. Following approval of the special use permit, and prior to the issuance ora building permit or any clearing of the site,'a final site development plan shall be approved. The final site development plan shall contain all the information required on the application plan in addition to all the information required in section 32.0, site development plan. 5.3.6.1 The application plan shall contain the following information at a scale of one (1) inch equals forty (40) feet or larger: Location of tract or parcel by a vicinity map, and landmarks sufficient to identify the location of the property; b. An accurate boundary survey of the tract; c. Existing roads, easements and utilities; watercourses and their names; owners, zoning and present use of adjoining tracts, and location of residential structures on adjoining tracts; d. Location, type a~.d size of in,ess and egress to the site; e. Existing and proposed topography accurately shown with a maximum contour interval of five (5) feet; areas shown with slopes of twenty-five (25) percent or greater: f. Flood plain limits; Proposed general road alignments and rights-of-way; general water, sewer and storm drainage lay-out; general landscape plan; common area with recreational facilities and walkways; service areas; common trash container locations; parking areas: a typical lot detail showing the mobile home stand, outdoor living and storage areas, parking area, setbacks and utility connections; and any other information necessary to show that these requirements can be met. 18-5-24 ALBEMARLE COUNTY CODE 5.3.7 IMPROVEMENTS REQUIRED--MOBILE HOME LOTS 5.3.7.1 UTILITIES ATTACHMENT E Each mobile home lot shall be provided with an individual connection to an approved sanitary sewage disposal system. Each mobile home lot shall be provided with an individual connection to an approved central water supply or other potable water supply. Each mobile home lot shall be provided with electrical service installed in accordance with the National Electrical Code. 5.3.7.2 MARKERS FOR MOBILE HOME LOTS Each mobile home lot shall be clearly defined on the ground by permanent markers. There shall be posted and maintained in a conspicuous place on each lot a number corresponding to the number of each lot as shown on the site plan. 5.3.7.3 OUTDOOR LIVING AND STORAGE AREAS An outdoor living area shall be provided on each mobile home lot. At least one hundred (I00) square feet shall be hard surfaced. Storage buildings not to exceed one hundred fifty (150) square feet in aggregate shall be permitted in a designated area on each lot. Additional storage facilities may be provided in common areas. 5.3.7.4 ADDITIONS TO MOBILE HOMES Additions to mobile homes are permitted, subject to the following conditions: a. Albemarle County building official approval; b. Applicable setbacks are met: c. Total roof area lot coverage shall not exceed forty (40) percent of the mobile home lot. 5.3.7.5 INSTALLATION OF MOBILE HOMES Installation of mobile homes shall comply with th'e requirements of the Virginia Uniform Statewide Building Code. Skirting shall be provided around the mobile home from ground level' to the base of the mobile home within thirty (30) days of the issuance of a certificate of occupancy. 5.3.8 IMPROVEMENTS REQUIRED-MOBILE HOME PARK 5.3.8.1 OFF-STREET PARKING Off-street parking for mobile homes, recreational uses and service areas shall be provided in accordance with section 4.12 of this ordinance. Parking for mobile homes may be provided on 18-5-25 ALBEMARLE COUNTY CODE ATTACHMENT E individual lots, or in convenient bays, in accordance with section 4.12.3.3. Additional parking area for recreational vehicles shall be provided in a common area at a rate of one (1) space per ten (10) units. 5.3.8.2 INTERNAL STREETS A minimum fight-of-way width of forty (40) feet shall be established on internal private sweets for the purpose of measuring setbacks. The right-of-way shall be maintained clear of all obstructions. Internal private streets shall be constructed to the following minimum, standards: MOBILE HOME PARK STREET STANDARDS Minimum typical section for access, entrance, or other connecting streets that do not abut mobile home sites and for streets that do abut mobile home sites where the lot frontage (measured at the mobile home setback line) is an average of 85 feet or greater. Minimum typical section for all park streets that abut mobile home sites where the lot frontage (measured at the mobile home setback line) is an average of less than 85 feet. 3. General Design Notes: a. Increase street width to 24 feet for streets that serve over 50 mobile home sites. b, Pavement shall be prime and double seal bituminous surface treatment. Base shall be six inches of 21 or 2 lA aggregate base. c. Maximum longitudinal street grade is 10 percent. d. Minimum vertical stgpping sight distance is 100 feet. e. Minimum horizontal centerline curve.radius is 250 feet. Cul-de-sacs shall have a minimum radius of 45 feet measured to the edge of pavement. g. Minimum radius of edge of pavement at intersections is 25 feet. Roadside ditches shall be designed to contain the ten-year storm below the shoulder using Mannings "n" of 0.06 if lined with grass, or 0.015 if lined with concrete. Ditches may be grassed if the flow from the two- year storm does not exceed three feet per second for a Mannings "n" of 0.03. If the three foot per second velocity is exceeded, the ditches shall be paved with class A-3 concrete, four inches thick, to the depth of the ten-year storm. When the depth of the required roadside ditch (measured from the shoulder to the invert) exceeds 2.5 feet, the flow shall be piped in a storm sewer system. Driveway entrance culverts and culverts crossing streets shall be designed to contain the ten-year storm below the road shoulder using the appropriate Virginia Department of Highways and Transportation (VDH&T) homographs. When paved ditches are smoothly transitioned into the culverts, the culverts may be sized using Mannings formular. Ail culverts shall be concrete. Erosion control protection (VDH&T standard EC-I) shall be placed at culverts when the outlet velocity exceeds five feet per second. Driveway culverts shall be a minimum of 12 feet long. j. Driveways shall be paved the same as streets to the right-of-way line. Aggregate base may be four inches thick. 18-5-26 ALBEMARLE COUNTY CODE ko ATTACHMENT E' Curb drop inlets shall be placed along the tangent portions of tl3e su'eet or at the points of curve at intersections. Curb drop inlets shall be sized and located to prevent overtopping of the curb during the ten-year storm. Curb dr6p inlets shall be VDH&T DI-3A. 3B, or 3C with a type "A" nose. Storm sewers shall be designed in accordance with VDH&T criteria. All construction and materials shall be in accordance with current VDH&T road and bridge standards and specifications. 5.3.8.3 RECREATIONAL REQUIREMENTS See section 4.16 for recreation requirements. 5.3.8.4 PEDESTRIAN ACCESS The requirements of section 32.5.19 shall be met. 5.3.8.5 SERVICE AREAS AND ACCESSORY USES Centrally located service buildings may provide common laundry facilities, office space for management and accessory uses as are customarily incidental to the operation and maintenance of a mobile home park. Consolidation of the service building and indoor recreational facilities is permitted. Other uses may be established in accordance with the regulations of the zoning district in which the park is located. 5.3.8.6 LIGHTING All proposed exterior lighting shall be shown. Lighting shall be directed away from mobile homes, adjacent properties and roadways such that it does not create a nuisance or safety hazard and shall be shielded when necessary. 5,3.8.7 LANDSCAPING AND SCREENING The requirements of section 32.8 shall be met. In addition, screening may be required in accordance with section 32.8.6.1 around the entire perimeter of the park, or part thereof, except where adequate vegetation already exists and a conservation plan has been submitted in accordance with section 32.8.2.3. 5.4 (Repealed 3-5-86) 5.4.1 (Repealed 3-5-86) 5.4.2 (Repealed 3-5-86) 5.4.3 (Repealed 3-5-86) 18-5-27 5.4.4 (Repealed 3-5-86) 5.4.5 (Repealed 3-5-86) ALBEMARLECOUNTYCODE ATTACHMENT E 5.5 MOBILE HOME SUBDIVISIONS 5.5.1 PURPOSE This provision is designed primarily to benefit those who wish to acquire ownership or equity, in a lot and occupy the premises themselves, but who may fred it undesirable or-difficult to construct a conventional single-family dwelling. It is intended that conventional homes may be built in mobile home subdivisions and that owners of mobile homes in these subdivisions may improve, convert or change their residences from mobile homes to conventional dwellings. 5.5.2 APPLICATION These regulations shall supplement and be in addition to the regulations of the district in which any such subdivision shall be located, except that no regulation which is by its nature inapplicable to mobile homes shall apply to mobile homes. 5.5.3 SPECIAL USE PERMIT REQUIRED A mobile home subdivision may be established by the commission and the board of supervisors by special use permit obtained pursuant to section 31.0 of this ordinance. 5.5.4 MINIMUM SIZE OF MOBILE HOME SUBDIVISION A mobile home subdivision shall consist often (10) lots or more. 5.5.5 SUBDIVISION CONTROL All mobile home subdivisions shall conform to the requiremems of Chapter 14 of the Code of Albemarle (Subdivision of Land), Chapter 17 of the Code of Albemarle (Water Protection); and all other applicable law. 5.5.6 APPLICATION PLAN REQUIRED A preliminary subdivision plat shall be submitted as part of the application for a mobile home subdivision, and shall be reviewed by the site plan review committee. Following approval of the special use permit, and prior to the issuance of a building permit or any clearing of the site, a final plat shall be approved. (Added 3-5-86) 5.6 MOBILE HOMES ON INDIVIDUAL LOTS (Amended 3-5-86; 11-11-92) While the Code of Virgima specifically provides for the restriction of mobile homes solely to mobile home parks, among other regulatory provisions applicable to mobile home. Albemarle County, in an effort to provide for affordable housing for all residents, permits mobile homes to be 18-5-28 ALBEMARLE COUNTY CODE ATTACHMENT E situated on individual lots in certain zoning districts. To ensure usage of such mobile homes for residential purposes, the following regulations shall apply: a. Such mobile home shall be located on a foundation approved pursuant to the Virginia Uniform Statewide Building Code; b. Such mobile home shall not be used for any purpose other than a primary place of residence. 5.7 TEMPORARY MOBILE HOME PERMIT Temporary mobile home permits may be authorized by the zoning administrator provided the mobile home is used only as an interim means of housing during construction of a permanent dwelling. The mobile home shall be removed within thirty (30) days of issuance ora certificate of occupancy for the permanent dwelling. Temporary mobile home permits shall be subject to the following conditions: a. Albemarle County building official approval; b. The applicant and/or owner of the subject property shall certify as to the intent for locating the mobile home at the time of application; c. Minimum frontage setback and side and rear yard setbacks shall be determined by the zoning administrator; d. Provision of potable water supply and sewerage facilities to the reasonable satisfaction of the zoning administrator and the local office of the Virginia Department of Health. 5.7.1 EXPIRATION, RENEWAL Any permit issued pursuant to section 5.7 shall expire eighteen (18) months after the date of issuance unless construction shall have commenced and is thereafter prosecuted in good faith. The zoning administrator may revoke any such permit after ten (10) days writ'ten notice, at any time upon a finding that construction activities have been suspended for an unreasonable time or in bad faith. In any event, any such permit shall expire three (3) years from the date of issuance: provided, however, that the zoning administrator may, for good cause shown, extend the time of such expiration for not more than two (2) successive periods of one (I) year each: (Amended 6-3- 81) 5.8 TEMPORARY NONRESIDENTIAL MOBILE HOMES A temporary nonresidential mobile home may be authorized by the zoning administrator provided the mobile home is necessitated to provide additional space for employees, students or other people and is to be an activity area as opposed to being employed for storage purposes or equipment which could be accommodate in an accessory structure. Such mobile home shall be located on the same site as the main established use for which additional space is needed. In the event of the expansion of the main permanent structure, the mobile home shall be removed within thirty (30) days of issuance of a certificate of occupancy for the permanent structure. Temporary nonresidential mobile home permits shall be subject to the following conditions: (Amended 12-5- 90) a. Administrative approval of site development plan after submittal to site review committee; (Amended 12-5-90) ! 8-5-29 ALBEMARLE COUNTY CODE ATTACHMENT E b. Albemarle County building official approval; c. The applicant ancl/or owner of the property shall certify as to the intent for locating the mobile home at the time of application; d. Skirting to be provided from ground level to base of mobile home within thirty (30) days of the issuance of a certificate of occupancy. (Added 3-5-86) 5.8.1 EXPIRATION, RENEWAL Any permit issued pursuant to section 5.8 shall expire three (3) years after the date. of issuance unless expansion o£ the main permanent structure shall have commenced and is thereafter prosecuted in good faith.. The zoning administrator may revoke any such permit after ten (10) days written notice, at any time upon a finding that construction activities have been suspended for an unreasonable time or in bad faith. In any event, any such permit shall expire three (3) years from the date of issuance; provided, however, that the zoning administrator may, for good cause shown, extend the time of such expiration for not more than two (2) successive periods of one (1) year each. (Amended 12-5-90) ! 8-5-30 ATTACHMENT F MEMORANDUM TO: Eric Morrisette, Senior Planner FROM: Jan Sprinkle, Chief of Zoning Administration DATE: ' 02/28/00 RE: SP 99-74, Townwood Mobile Home Park This memo addresses the remaining issues after submittal of the revised plan dated 2/10/00 and the applicant's letter of 2/16/00. My previous comments still apply unless noted here as modifications. The more important concern of this memo is to establish a timeline for the various improvements in relation to the installation of the 32 new homes. The applicant's proposed timeline begins: · installation of the new water lines for domestic consumption; · installation of the new water lines for fire safety (including two fire hydrants); · installation of the new stormwater system; and, · widening the internal road. These four projects are critical to public health and safety, and thus, should be required before any new homes are permitted or existing homes realigned. I recommend that these four items be identified as Phase I. Construction and installation of the first thirteen new homes could also be in Phase I. (Thirteen is the number of new homes currently allowed under SP 97-57 without an additional entrance and also a convenient number since Lots 7, 9, 10, and 11 through 20 comprise thirteen lots that require earth-disturbing activities which could be accomplished during the construction of the water lines.) It would also be convenient to install the rear Tot Lot and all landscaping in this area with this phase. A logical Phase II would then begin with construction of a second entrance to a state road (either onto Greenbrier Drive and out to Rio Road, or, through the Four Seasons Apartments out to Four Seasons Drive) if that is a requirement. Landscaping from Phase I could bebonded if.necessary, but the second entrance, if required in Phase II, should be legally usable from the park's internal road to a state road prior to building permit issuance for the 14th home. Also in Phase II would be relocation and extension of the fence along Greenbrier Drive onto the park property from Lot I back to the cemetery lot. After those two improvements, Lots 1 through 6 plus Lot 8 could be developed, together with the necessary realignments to existing homes along that property line as well as those realignments in the ATTACHMENT F center portion of the park's internal street. Next would be the construction of the front tot lot and new road surface. Finally, installation of landscaping required in any area of Phase II. The Third Phase would begin with construction of a new fence on the eastern property line, along the Four Seasons PUD. That fence should be completed prior to any building permits for new Lots 21 through 32 and any realignment of homes along the Four Seasons PUD property line. A tree conservation plan should also be conditioned in the 50-foot setback from Cool Spring Drive as well as screening landscaping along Rio Road. Regarding the "blanket" request for waivers and modifications, the following list of ordinance sections represents those that zoning can support for the existing homes and the realigned homes and notes what the modification is: Section 5,3,3.1 - modification of the existing and realigned 71 lots to reduce the required 4,500 square-feet area and the required 45-foot width to those shown generally on the plan dated December 9, 1999 and revised February 3, 2000. Section 5.3.4.1 - modified as noted in Sections 5.3.7.2 and 5.3.7.3. Section 5.3.4.4 - modification of the existing and realigned 71 lots to reduce the required 30-foOt minimum distance between mobile homes. This requires approval of the Albemarle County fire official. Section 5.3,5,1 - modification of the required 50-foot setback from an existing public street, in this case, Greenbrier Drive. Twelve homes along Greenbrier Drive do not meet this setback before or after realignment. Zoning would support a modification from 50 feet to a minimum of three feet between the mobile homes and that property line. [Technically, Greenbrier Drive is not yet a public street, but has been dedicated to public use and the owner is currently working towards acceptance for maintenance by the Virginia Department of Transportation.] Section 5.3.5.2 - The twenty-one existing and realigned homes along the only adjacent residential zoning district (Four Seasons PUD) need modification from 50 feet as follows: Between Rio Road and new lot 28, seven homes need reduction to 3 feet; two homes need reduction to 13 feet; and, one home needs reduction to 30 feet. Between new Lot 21 and the bioretention pond, eleven homes need reduction to 15 feet. Section 5.3.5.3 - Of the 71 existing and realigned homes, nine homes will need a reduction of the 15-foot setback to 5 feet from the internal private street. [This includes two relocated homes that do not meet the 50-foot setback from Rio Road and the mailbox unit which zoning does not support. If required to be redesigned due to those setbacks, they may comply with the 15 feet from the internal street.] Revised Comments on SP 99-74 3 ATTACHMENT F Section 5.3.5.4 - Waive the requirement for lot lines for the-71 existing and realigned homes, but add a condition of approval that permits sheds and other storage structures to be constructed to a common wall. Section 5.3.6 and 5.3.6.1 - Zoning can support modification of the application plan section to accept the submitted' plan, but only if requiring submittal and approval .of both preliminary and final site plans before any COnstruction activity is permitted. [See the memo dated 01- 28-00 for details of the information missing from this plan.] Section 5.3.7.2 - Waive the requirement for markers for the new, existing and realigned !ots, but add a condition of approval that requires each mobile home to be numbered and posted according to the Road Naming and Property' Numbering Ordinance and Manual for E911 purposes. Section 5,3.8.2 - This section deals with the construction standards for the internal private roads. The Engineering Department has commented that they do not have enough information regarding what standards are being met and what waivers or modifications are needed. Any modifications of this section will have to be addressed during site plan review. The following list of ordinance sections represents possible modifications or waivers that zoning does not support: Section 5.3.4.3 and 5.3.5.1 - We do not support modifying the 50-foot setback for' two existing homes proposed to be relocated closer to the mailbox unit and Rio Road. There are five homes proposed within 50 feet of two dumpsters. (One new lot, one existing home and three realigned homes.) A modification to 30 feet will be needed to allow the plan as proposed. Because dumpsters are not required, but are offered as a convenience to the residents, we can support this modification if a condition is added to insure a screening fence around each dumpster. Section 5.3.5.3 - New Lot 11 needs reduction of setback from the new access to Greenbrier Drive if it is. required. The modification would be from 15 to 5 feet. Zoning would prefer to see Lot 12 narrowed and the setback on Lot 11 maintained. Section 5.3.7.3 - No outdoor living areas are shown on the current plan. This may be best addressed during site plan review when more detail is available, Section 5.3.8.1 - Off-street parking is not shown speCifically on this plan. Zoning Will not support any modification of these requirements, including at a minimum two 9'x18' spaces at each home and three recreational vehicle parking spaces required for the new 32 lots. Since no RV spaces exist, we can support waiving the requirement of six spaces for the 65 realigned homes. 3 'SNTY OF ALBEMAR[- MEMORANDUM ATTACHMENT G TO: FROM: DATE: RE: Eric Morrisette, Senior Planner Steven 3_ Allshouse, Fiscal Impact Planner February 10, 2000 SP 99-74 (Townwood Mobile Home Park) 'According to the information you gave me, SP 97-57 conditionally allows the owner of the Townwood Mobile Home Park to develop 13 mobile home sites in addition to the project's 71 existing sites. The owner now requests to amend SP 97-57 to allow conditionally the development of 32 mobile home sites in addition to the existing 71 sites. Normally, when I perform an analysis, I estimate the fiscal impact of development that could occur by-right under a property's existing zoning, and compare this effect with the impact of development that would occur under the developefsproposed project. Since the development of the 32 additional sites at Townwood is subject to the approval of the County, the present report assumes that, by-fight, no sites could be developed in addition to the existing 71 sites. The fiscal impact of this first scenario, in other words, is assumed to be zero. The next page contains the CRZM average cost model's estimate of the annual net fiscal impact resulting from approval of the owners request to amend SP 97-57. I assumed that build-out Would occur in year one of the project. The figures on Table I reflect the fiscal impact that would occur after build-out, i.e., in each of years two through twenty. As shown in this table, the development of another 32 mobile home skes would result in an annual net fiscal impact of negative $96,000. (Note that this figure is slightly higher than the $95,000 listed in the CRIM printout on the last two pages of this report. The discrepancy is the result of rounding errors). Note that the biggest fiscal drain associated with the project would come from the addition of 13 new pupils in the County's schools. Under CRIM's pupil generation assumptions, 7 new elementary students, 3 new middle school students, and 3 new high school students would enter the Albemarle Schools as a result of the development of 32 mobile homes. Table H shows the impact of the project on capital facilities costs. Note that the CIP impact is actually included m the numbers listed on the first table; the separate presentation of the CIP impact is intended to highlight the fact that capital costs resulting from new development represent a major share of the deficit associated with the proposedproject. The CIP impact figures illustrate SP 99-74 February 10, 2000 Page Two ATTACHMENT G the project's estimated proportional share of all of the County's capital needs, rather than specific capital needs that would be associated directly with the project. The rationale behind this approach to estimating CIP impacts involves the nature of the average cost model. As shown on the bottom table, the annual net CIP impact would come to negative $51,000. Table I -- Fiscal Impact of 32 Mobile Homes Property Taxes Other Revenues Total Revenues School Expenditures County Govt. Expenditures Total Expenditures Annual Net Fiscal Impact $9,000 54,000 $63,000 ($138,000) ($21,000) ($159,000) (*96,000) Table H - CIP Impact of 32 Mobile Homes Schools CF Pay-As-You-Go Schools CF Debt Service Total Scho,ols CIP Impact County CF Pay-As-You-Go County CF Debt Service Annual Net CIP Impact ($0) ($51,000) ($51,000) ($0) ($0) ($ 1,o00) Disclaimer: (1) Residential development generally does not pay.for itself. This fact alone does not necessarily mean that~.SP 99-74 should be denied, since non-residential development frequently more than pays for itself, and the total mix of development taking place in Albemarle County in any given year might generate a revenue-neutral outcome; (2) If Albemarle does not approve SP 99-74, the growth that-is assumed to be associated with this proposed development would likely take place somewhere else in the County; and (3) When deciding whether or not to approve a proposed development, Albemarle can and should take into consideration a number of issues other than SP 99-74 February 10, 2000 Page Three ATTACHMENT G just the project's fiscal impact. These issues would include, but would not necessarily be limited to, affordable housing, transportation impacts, and environmental well-being. SAA/saa ATTACHMENT G ATTACHMENT G February 16, 2000 ATTACHMENT (DOUGLAS E. CATON Chief I=xecutive Officer IqI(DHADI(D H..IONES, OPM President LEE DEL ¢DlqEO0 Senior Vice Pree~ctenC LIN[DA S. ~:AF~LSON Vice I~reeiden~. I~roDer ty Management OANIEL E. PHILLIPS Vice President. Finance RONOA L. Vice Presmen~, Marketing OEAN T. WEN~ER Vice President. C:HARKOTTEEVII.LE 804.977.2702 FOUR SEA~ONS 804.9~.4~19 ~IANA~SA~ WE~TGAT~ ~03.36B.0164 RICHMO~O ~AR~O~ VILLAGE HICKORY WOOOS ~40. 344,1B42 ~LA~ CRE~K 540.9B~.4~00 SALEM ~ALEM WOQ~ ~40. ~B~.4~11 Mr. Eric Morrisette C/O: County of Albemarle Department of Planning & Community Development 401 Mclntire Road, Room 218 Char!o~esville, VA 22902 HAND DELIVERY RE: SP 99-74 Townwood Mobile Home Park Dear Eric, Please consider the following response to request #3 from.your memorandum dated January 27, 2000: Once the final site plan is approved, the Owner of Townwood Mobile Home Park will begin immediate construction of the major improvements to the community. The major improvements planned are as follows: new water line for domestic consumption, new water line for fire safety including fire hydrants, new storm water system with detention and treatment methods, wider internal road with a new road surface, two new recreational areas, and new landscaping. In order to mimmize disruption in the quality of life of the current residents, the Owner's other priority is to construct new home sites that will not effect or cause the relocation of any existing home sites. The schematic site plan prepared by Gloeckner Engineering/Surveying Inc. for T. ownwood Mobile Home Park shows approximately twenty (20) new lots that can be added without relocating any existing home sites. With the approval of SP 99-74, the Owner is seeking a construction period of tWenty-four (24) months from the final site p lan approval. The construction period will allow the Managing Agent, Management Services Corporation, to take advantage of normal turnover to relocate existing home sites. (Turnover occurs when a current lease expires and the resident voluntarily moves out of the mobile home park.) Prior to leasing an existing home site to a new resident, the position of the new mobile home will be adjusted according to the final site plan. ATTACHMENT H If it becomes necessary to relocate an occupied home site in order to construct a new home site, the new home site will be selected based upon minimum anticipated disruption to the current residents. (i.e. If one new home site causes two occupied relocations and another new home site causes four occupied relocations; the new home site causing two occupied relocations will be accomplished first.) The resident(s) of the occupied home site will benefit from the highest level of management planning. During all relocations, the management staffwill provide total support assistance and the Owner will be responsible for any reasonable expenses incurred by the inconvenienced resident(s). Please consider the following responses to the comments prepared by Jan Sprinkle, Chief of Zoning Administration, in the memorandum dated January 28, 2000: With approval, the Owner seeks to revoke SP 97-57 and incorporate any necessary conditions from SP 97-57 into SP 99-74. The Owner seeks to construct thirty-two (32) new home sites that conform to Section 5.3 Mobile Home Parks of the Albemarle County Code. The Owner seeks modifications and waivers to each of the cited requirements of Section 5.3 Mobile Home Parks of the Albemarle County Code for nonconforming existing home sites (current or relocated). The Owner seeks approval of SP 99-74 subject to administrative (County Staff) approval of a final site plan. The Owner seeks to obtain a Zoning Clearance issued prior to the satisfaction of SP conditions. Since improvements will begin immediately after the administrative (County Staff) approval of a final site plan, the SP can be validated within thirty (30) days and SP conditions met Within a twenty-four (24) month construction period. Thank you for the opportunity to respond to comments from the County of Albemarle regarding SP 99-74. Please let me know if you have any questions. Sincerely, Regional Development Administrator March 24, 2000 ATTACHMENT I RECEIVED HAR 2 4, 20OO PLANNING AND COMMUNITY DEVELOPMENT CORPORATE OFFICE Commerce Building 102 S. First; St;., Suit;e Cherlot;t;eeville, VA 22!902 PO Box ~06 Charlo~;t;eeville, VA ~0~ 804.977. 4181 OOUGLAS E. CATDN Chief Execut;ive Officer RICHARD H. JONES, CPM President; LEE DEL GRECO WOOD Senior Vice President; LINDA S. CARLSON Vice President;, Propert;y Management; DANIEL E. PHILLIPS Vice President;, Finance RONDA L. PURYEAR Vice President:, Marketing DEAN T. WENGER Vice President;, Cont;roller CHARI. OTTEIBVILL. E MAIN OFFICE Et04.977.2702 FOUR SEASONS BO4. 97.~.431~9 WE~TGATE 703.368.0164 ~ICH~ONO HARBOR VILLAGE ~04.747.6594 ~OANOKE HICKORY WOODS 540.344.1642 GLADE CREEK 540.985.4700 SALEM SA~M WO~ 540.389.47~I Mr. David Bennish C/O: County of Albemarle Department of Planning & Community Development 401 Mclntire Road, Room 218 Charlottesville, VA 22902 HAND DELIVERY RE: SP 99-74 Townwood Mobile Home Park Dear David, Enclosed is the schematic site plan revision dated March 24, 2000. As you requested, I have enclosed six (6) copies of the revised schematic site plan showing topography lines, approximate existing/finish grade of the future southern cul-de-sac and a conceptual verticaI/horizontal cross- section of the future southern cul-de-sac. As you know, the existing southern portion of the mobile home park is a sloped, turf area that levels off to a wooded area along the property line. The existing grade of the sloped, turf area is approximately twelve-percent (12%). There is a low, wet area approximately 50-100 feet wide near the existing internal road. Also, there is a pit-like area approximately 2,100 square feet where the previous owner removed turf and soil that was not returned. Please reference the conceptual cross,section of the future southem cul-de-sac (marked Section A-A on the schematic site plan). The finish grade of the future southern cul-de-sac approach road is approximately nine-percent (9%). New mobile home sites would then be an'anged in a terrace-like formation along the future cul-de-sac. Over the next few months, the Owner of Townwood Mobile Home Park plans to dump soil in the existing Southern portion of the property in order to fill the pit-like area and correct the low, wet area. The fill soil is being removed from other property the Owner is in the Charlottesville area. Before commencing this activity, The Owner will apply for a soil erosion permit from the County. ATTACHMENT I According to our meeting on Thursday, March 16, 200, the statements above and the enclosed revised schematic site plan completes the County of Albemarle Planning Department's requests regarding SP 99-74. Please let me know if you have any additional questions. At this time, SP 99-74 for Townwood Mobile Home Park should be on the April 4, 2000 Meeting Agenda of the Planning Commission and the April 19, 2000 Meeting Agenda of the Board of Supervisors. Please let me know if these meeting dates are not correct. Also, please forward to my attention a copy of the new, final staff.report as soon as it is available. Thank you for your assistance with this matter. Sincerely, Trey Steigman Regional Development Administrator Enclosures (6) CC: Douglas E. Caton, Townwood Mobile Home Park, LLC Kurt M. Gloeckner, Gloeckner Engineering Albemarle County Development Departments SPIN Submission and Comments Engineering revised plan ATTACHMENT J S P-1999-074 Townwood Mobile Home Park revision 2 reviewer received reviewed decision Glenn Brooks 2/10/00 2/22/00 approved with conditions The revised schematic plan accompanying the Special Use Permit application, received on 10 Februarry 2000, has been reviewed. The Engineering department can recommend approval of the Special Use Permit with the condition that a site plan be required. The following items will need to be addressed either with the Special Use Permit or with the Site Plan: (These items are repeated from the previous comment letter of 24 Jan, as the revisions to the plan do not appear to completely resolve them. Comments regarding this revision are in parenthesis.) 1. Stormwater Management should capture as much of the site as practical. The conceptual plan appears satisfactory. As discussed with the applicant on-site, care will need to be taken with the downstream channel from the proposed pond, and the northeast portion of the site will should designed to drain to the proposed pond. The applicant has indicated that pipes and gutters along the improved travelways will channelize drainage on the site. 2. The right-of-way of Greenbrier Drive must be cleared of all fences, sheds, and other items serving the mobile home park. (A note has been added to the plan to relocated fencing. All sheds, poles and other right-of-way obstructions must also be moved.) 3. The Engineering Department supports the recommendation of VDOT that another entrance be provided to either Greenbrier Drive or Four Seasons Drive. This will provide access to a signalized intersection, which will be more important with time. (The 20' second access next to proposed lot 7 addresses this concern. However, grading in this area for the road may affect the adjacent lots.) 4. The existing pipe running from Greenbrier Drive on proposed lot 7 to proposed lot 17 must be provided with a drainage easement. The easement must be a minimum 20' wide. The easement should continue through the property over the proposed pond and the stream. (With the grading of the access road, and this easement, lot 7 adjacent to the access road may be lost.) 5. The radius of the loop road next to proposed lot 17 does not provide adequate sight distance. The minimum allowed for site travelways is 100'. The minimum allowed for private roads is 200'. A three-way intersection should be created here with the proposed cul-de-sac. 6. The loop road on the west side between proposed lots 1, 3, 4, and 5 is currently a split travelway, which leaves inadequate area for parking, and creates circulation problems. One travelway in this location, as seems to be shown by the schematic plan, should be provided. 2/25/00 03:38 PM Page 1 of 1 Petition to STOP Special Use Permit 99-74 We the undersigned are vehemently opposed to the approval of the addition of 32 ~ile homes to Townwood ~le Home Park. We are also opposed to the installation of a second en~nce to TlVlHP exiting onto Townwood Drive. Name/Signature Address / Petition to STOP Special Use Permit 99-74 ~We the undersigned are vehemently opposed to the approval of the addition of 32 mobile homes · to Townwood I~lobile Home Park, We are also opposed to the installation of a second entrance to ~ 'rNHP exiting onto 'l'ownwood Drive. iName/Signature Address Petition to STOP Special Use Permit 99-74 We the undersigned are vehemently opposed to the approval of the addition of 32 mobile homes to Townwood Mobile Home Park, We are also opposed to the installation of a second entrance to TMHP exiting onto Townwood Drive, Name/Signature Address Petition to STOP Special Use Permit 99-74 We the undersigned are vehemently opposed to the approval of the addition of 32 mobile homes to Townwood Mobile Home Park, We are also opposed to the installation of a second entrance to TMHP exiting onto Townwood Drive, Address , e,.~, ~ v;ll,, {,,./1. ! ck'~,, ~. o¢ Petition to STOP Special Use Permit 99-74 We the underSigned are vehemently opposed to the approval of the addition of 32 mobile homes to To.wood I~obile Home Park. We are also opposed to the installation of a second entrance to THHP exiting onto Townwood Drive. Name/Signature Address Petition to STOP Special Use Permit 99-74 We the undersigned are vehemently opposed to the approval of the addition of 32 mobile homes to Townwood Mobile Home Park, We are also opposed to the installation of a second entrance to TMHP exiting onto Townwood Drive, Name/Signature Address Petition to STOP Special Use Permit 99-74 We the undersigned are vehemently opposed to the approval of the addition of 32 mobile homes to Townwood Mobile Home Park, We are also opposed to the installation of a second entrance to TMHP exiting onto Townwood Drive. Name/Signature Address Petition to STOP Special Use Permit 99-74 We the undersigned are vehemently opposed to the approval of the addition of 32 mobile homes to Townwood Nobile Home Park. We are also opposed to the installation of a second entrance to TIVlHP exiting onto Townwood Drive. Name/Signature Address Petition to STOP Special Use Permit 99-74 We the undersigned are vehemently opposed to the approval of the addition of 32 mobile homes to Townwood Mobile Home Park, We are also opposed to the installation of a second entrance to 'rlvlHP exiting onto Townwood Drive. ~ig~.e I Address Petition to STOP Special Use Permit 99-74 We the undersigned are vehemently opposed to the approval of the addition of 32 mobile homes to Townwood Mobile Home Park, We are also opposed to the installation of a second entrance to TIVlHP exiting onto Townwood Drive, Name/Signature Address Petition to STOP Special Use Permit 99-74 We the undersigned are vehemently opposed to the approval of the addition of 32 mobile homes to Townwood Mobile Home Park, We are also opposed to the installation of a second entrance to TiVlHP exiting onto Townwood Drive, Name/Signature Address Petition to STOP Special Use Permit 99-74 We the undersigned are vehemently opposed to the approval of the addition of 32 mobile homes to Townwood Mobile Home Park. We are also opposed to the installation of a second entrance to TIVlHP exiting onto Townwood Drive. Name/Signature Address t TOTAL LOTS BEYOND PREVIOLJSLY APPROVED SITE PLAN NEW TRAILER LOTS -- 19 NEW TOT LOTS = 2 COUNTY OF ALBEMARLE Department of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4012 April 26, 2000 Katurah Roell Dettor/Proffit Road Land Trust 195 Riverbend Dr Charlottesville, VA 22911 RE: SP-99-077 Evergreen Baptist Church - Tax Map 46, Parcel 38C SDP-00-0'I6 Evergreen Baptist Church Preliminary Site Plan Dear Mr. Roell: The Albemarle County Planning Commission, at its meeting on April 25, 2000 took the following actions regarding the above-noted requests: SP-99-077 Evergreen Baptist Church - Unanimously recommended approval to the Board of Supervisors, subject to the following conditions: 1. This permit is issued for church use only; Total building square footage shall be limited to 8,000 gross square feet and have an assembly area of no more than 300 seats; No school or day care usage is allowed. Any future school or day care usage will require an amendment to this special use permit; The church shall not demolish and shall maintain the existing historical barn so as to preserve its current condition. However, if the barn is damaged by a natural event such as a hurricane or tornado to the extent that it is a safety hazard, then the church reserves the right to eliminate the safety hazard including, if necessary, demolishing the barn; The barn may be used for supportive purposes directly related to the church use or activity. Uses other than storage' may require an amendment to this special use permit and/or site plan and building permit approvals; The building setback shall follow the existing building footprint on the northwest side as shown on the Site Plan entitled "Preliminary Site Plan for Evergreen Baptist Church", The applicant shall install screening shrubbery along the southern side of the travelway and parking areas, which shall be: reviewed and approved by the Department of Planning and Community Development during review of the Final Site Plan; o The applicant shall install screening trees along the northern property boundary in the area of the proposed building and parking, which shall be reviewed and approved by the Department of Planning and Community Development during the review of the Final Site Plan. This requirement can be waived if the northern adjacent property owner [Tax Map 46, Parcel 38B] submits a letter stating that such landscaping is not required; The existing entrance shall be removed entirely and its use shall be discontinued unless VDOT permits the entrance to remain as a gated entrance. The church shall be accessed only by a new entrance that is aligned with Payne Jackson Drive and approved by VDOT. 10. The applicant shall install a 100-foot right turn lane with a 100-foot taper as shown on the Site Plan entitled "Preliminary Site Plan for Evergreen Baptist Church", and dated March 17, 2000; 11. The applicant shall have two years to begin construction from the approval date of this special use permit. The applicant shall have an additional year to complete the construction once it has commenced; and, 12. Health Department approval of well. capacity, and primary and reserve drainfields. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on May 17, 2000. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. SDP-00-016 Evergreen Baptist Church Preliminary Site Plan - Approved by a vote of 6-0, the one way circulation, critical slopes, and angled parking waivers. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, David B. Benish Chief of Planning & Community Development DBB~ Cc: ~a Carey Jack Kelsey Bob Ball Amelia McCulley Steve AIIshouse STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: ERIC L. MORRISETTE, AICP APRIL 25, 2000 MAY 17, 2000 SDP 99-016 EVERGREEN BAPTIST CHURCH PRELIMINARY SITE PLAN And SP 99-77 EVERGREEN BAPTIST CHURCH SPECIAL USE PERMIT APPLICANT'S PROPOSAL: The Evergreen Baptist Church is requesting a special use permit to convert an existing agricultural building to a church of approximately 7,800 square feet on a parcel of 10.65 acres (Attachment A). The applicant has indicated that "the new church will be used for regular Sunday worship services, weddings, choir rehearsals, weekly bible studies, counseling sessions, workshops and training sessions ...... The hours in use will be from approximately 9:00 a.m. until 9:00 p.m. daily [depending on what is scheduled]" (Attachment J). Construction of the church requires installation of one-way circulation, angled parking, and disturbance of critical slopes. The congregation currently has 120-140 members at the existing church, approximately 3A mile south of the subject site, on Proffit Road. No school or day care usage of the building is proposed. Its staff's understanding that the existing church will be retained and used for meetings, special events and the like. PETITION: SP 99-77 Evergreen Baptist Church Evergreen Baptist Church petitions the Board of Supervisors to issue a special use permit to allow for the conversion of an existing agricultural building to a church on 10.65 acres zoned RA, Rural Areas (Section 10.2.2.35 of the Zoning Ordinance). Attachment A is a copy of the applicant's request and justification. Attachment B is a copy of the site plan. The property, described as Tax Map 46, Parcel 38C is located offthe eastern side of Proffit Road (Rt. 649), approximately 1,200 feet north of the railroad crossing (Attachment C). This property is located in the Rivanna Magisterial District and is not located within a designated Growth Area as outlined in the Comprehensive Plan. SDP 00-016 Evergreen Baptist Church Preliminary Site Plan Applicant seeks Planning Commission authorization to construct a church with one-way circulation, angled parking, and to disturb critical slopes, as described above (Attachment D). CHARACTER OF AREA: The property is located on the eastern side of Proffit Road (Route 649), approximately 1,200 feet north of the railroad crossing. An existing agricultural building is located near the northern property boundary of the cleared (treeless) lot. A small barn also exists on site, which is identified as a contributing structure in the Proffit Historic District and is discussed further in this report. The existing agricultural building currently serves as a storage area and repair shop for agricultural equipment. The terrain of the site gradually slopes to the east from Proffit Road. A pond exists in the southeastern comer of the parcel. A powerline bisects the property along the southern half of the parcel. The southwestern side of the parcel is bounded by a railroad, owned by Southern Railway Company. The existing entrance to the agricultural building is located approximately 120 feet south of the northern property line, directly on Proffit Road. This request proposes to relocate the entrance approximately 250 feet to the south as discussed further in this report. The small existing barn is located approximately 120 feet east of Proffit Road. The building proposed for conversion is located approximately 550 feet east of Proffit Road. The existing development within the immediate area is primarily agricultural and rural residential, with smaller parcels along the road and large farms interspersed and located back from the road. The eXisting building, which is proposed for conversion, is located approximately 15 feet from the northern property line. Staff will provide a discussion regarding setbacks further in the report. The adjacent property to the north is primarily wooded and undeveloped. The proposed church is located approximately 700 feet from the nearest dwelling to the southwest [Tax Map 46, Parcel 38C]. Four dwellings on smaller parcels are located approximately 900 feet to the east, across Proffit Road. PLANNING AND ZONING HISTORY: 1996 - Planning Staff administratively approved a subdivision to create a 5 acre lot from a 15.65 acre parcel. The 10.65 acre residue is the subject parcel associated with this request. Attachment E is a copy of the plat. COMPREHENSIVE PLAN: This property is located in the Rural Areas of the Comprehensive Plan. The Plan discourages uses not related to bona fide agriculture or forestry. Currently, the Comprehensive Plan contains limited review criteria for the siting of rural churches. The Comprehensive Plan does, however, state that "All decisions concerning the Rural Areas shall be made in the interest of the major elements of the Rural Areas''. :TheSe major elements, with staff discussion(s), are as follows: Preservation of agricultural and forestal activities: Although this site does provide some agricultural support through the provision of an agricultural building to house equipment 2 and supplies, this parcel is otherwise unused for agricultural purposes. Likewise, the parcel has been completely cleared (no trees) for quite some time. Staff finds very little current agricultural or forestal contribution to the rural areas. Water supply protection: This site is not located within a reservoir watershed of Albemarle County. Approval of an Erosion and Sediment Control Plan is required for final site plan approval. Limited service delivery to the Rural Area: As previously mentioned, the existing Evergreen Church is currently in operation approximately ~A mile south of the subject parcel. This church has been a community church of Proffit for over a century and will ' continue to be a community church at its new location. The service that a rural church provides is not viewed, by staff, as an impediment on the Rural Areas. 4. Conservation o£natural, scenic, and historical resources: Staff finds no significant impact through the following analysis: Open Space Plan: The Open Space Plan does provide some guidance for the protection of identified resources of the County. Staff relies on the Open Space Plan to provide guidance in relation to impact on designated natural and scenic areas. The Open Space Plan does not identify any resource(s) that would be potentially identified by this proposal. Historical Resources: The Proffit Historical District was listed on the National Register of Historic Places on February 5, 1999. The Proffit Historical District consists of 41 buildings or sites that are identified as significantly contributing to the most thoroughly documented black community in Albemarle County. The barn on the subject property is a contributing structure to the historic district. The barn is a red painted frame building that stands in an open field, therefore acting as a strong visual marker at the entrance to Proffit when entering from the north. The barn formerly served the farm to the south [Lydia], which has since been subdivided from the parent farm. The barn currently serves as storage. The Design Planner has provided a detailed analysis of the Proffit Historic District, the existing barn, and the impact of the proposed church (Attachment F). It is noted that "Because it contributes to the architectural and historical significance of the district, because of its strong visual presence along Proffit Road, and because it is the last remaining structure of its type in this district, the barn should not only be retained, but actively maintained". Staff has worked with the applicant to establish a commitment to preserve and maintain the barn. Staff commends the applicant for entering into such agreement by providing the following statement (Attachment G): Evergreen Baptist Church 'has agreed not to tear down the red barn on the above- mentionedparcel due to its historical significance. Evergreen will maintain the barn to make it safe. However, if the barn is demolished by nature Such as hurricanes, tornados, etc, or becomes hazardous, then we will do what is necessary for the safety of the church and the community. (See Condition 4) It is staff opinion that the proposed new church will impact the historic district, because it will be visible from ProffitRoad. However, staff believes that the church will not significantly alter the historical significance of the barn, or the district, for the following reasons: Change in use - Currently large machinery frequents the site daily and is often stored on site. The current use gives the appearance of an industrial use more than that of a rural/agricultural use. Although the proposed church will have a significant impact on Sunday mornings, it should coincide better with the historical district, as the existing Evergreen Baptist church is already located within it. The applicant has indicated that the Evergreen Baptist Church intends to continue use of the existing church building for infrequent ceremonies, such as weddings, funerals, etc. Difference in elevation - The design planner noted that the church site is "set far back from the road, and sits down on the slope". The elevation of the proposed church and parking area is approximately 25 feet below the grade of the barn. The drop in elevation should provide a substantial visual buffer when viewing the barn from Proffit Road. Relocation of the entrance - The entrance road to the rear shop building currently runs along the northern side of the barn. As mentioned, the road serves heavy equipment that frequents the site daily. Currently, the entrance does not have adequate sight distance to the north (250 feet). The construction of the proposed church includes relocating the entrance approximately 250 feet south, away from the barn. Although the attached site plan indicates that the existing entrance will remain for access to the barn, the Virginia Department of Transportation [VDOT] has indicated that the existing entrance must be entirely closed. Staff has included a condition insuring that the barn will be accessed from the new entrance. The reduction in traffic immediately adjacent to the barn is viewed as a visual improvement to the barn. Aesthetics - The existing shop building located in the rear of the site is not viewed as a contributing aesthetic resource to the district in its current state. The Design Planner notes that "It is not anticipated that the proposed conversion will increase the negative impact of the building in the district." In fact "It is likely that the new church will have a more orderly appearance and, in that respect, will be an improvement." (Attachment F). REASON FOR PLANNING REVIEW: Establishment of a church use in the Rural Areas requires special use permit approval by the Board of Supervisors [ 10.2.2.35]. In accord with the Zoning Ordinance, the Commission must act on the applicant's request for a modification to allow one-way circulation [4.12.6.2] and angled parking [4.12.6.5c]. The Planning Commission must also act on the applicant's request for a waiver to allow for disturbance of critical slopes [4.2]. STAFF COMMENT: Staff will comment on the special use permit and the site plan modifications/waivers separately. SP 99-77 EVERGREEN BAPTIST CHURCH Recommendation: Staff has reviewed this request for compliance with the provisions of Section 31.2.4.1 of the Zoning Ordinance and recommends approval subject to conditions. Staff Analysis: Staff opinion is that certain uses such as churches, day care, and schools contribute to the well being and moral fiber of the community. In this posture, staff review is confined to issues of physical development while other considerations of appropriateness of the use to a given location are a matter of legislative discretion. 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 finds that the proposed use will have minimal negative impact on surrounding uses. As previously noted, staff believes that the proposed church use may actually have less negative imPact than the existing use. Staff has provided the following factors related to this discussion: Setbacks: Historically, staff has viewed church use as a Commercial use in the Rural Areas zoning district. Therefore, staff usually asks for the Board of Supervisors to condition the commercial setbacks, in particular a 50-foot building setback and a 20-foot parking setback from rural properties. The Zoning Administrator has provided comments and has noted "However, in 5 this case there are identifiable circumstances that would warrant allowing the RA setbacks" (Attachment H): The existing rear comer of the agricultural building is located only 14.8 feet from the northern property line. The proposed improvements to the agricultural building will extend the front of the building to approximately 27 feet from the northern property line. The property to the north is currently undeveloped and tree-covered. Because of these issues, the Zoning Administrator recommends a condition of approval that states: "The setback shall follow the existing building footprint on the northwest side. All new structures [both primary and accessory], parking and improvements shall comply with" all RA setbacks, including "the RA 25-foot side setback." Therefore, the existing portion of the building will continue to be non-conforming. Staff finds this condition acceptable and has provided it as such in Condition 6. Landscaping/screening: The church site sits far back from Proffit Road, the railroad side of the property, and the southern adjacent property [Lydia]. Staff has worked with the appl'icant to satisfy screening concerns for the property owner to the south [Lydia], where screening shrubs will be installed along the southern portion of the entrance drive and the parking area. Staff has conditioned these shrubs as Condition 7. As mentioned by the Zoning Administrator, it is recommended that screening buffer be installed "...where this project disturbs land within the 25-foot setback". Planning staff finds that this use is an intensification over most by-right rural uses and, therefore, requiring that the applicant install screening trees along the northem property boundary in the area of the proposed building and parking. However, due to the northern adjacent property being undeveloped and tree- covered, the screening requirement can be waived if the adjacent property owner submits a letter stating that such landscaping is not required (See Condition 8). that the character of the district will not be changed thereby, As previously mentioned this property is located in the Rural Areas of the Comprehensive Plan. Churches are an anticipated use in the rural areas. Although this proposal may be viewed as a "rural" church, staff notes that an assembly area of 300 seats is comparable to that of many "urban" churches. Since this application seeks the expanded relocation of an existing rural church in Proffit, staff does not believe that the proposed church will alter the character of the district. and that such use will be in harmony with the purpose and intent of this ordinance, Staff has reviewed this request for compliance of Section 1.4, Section 1.5, and Section 1.6 of the Zoning Ordinance and finds no conflict. 6 with the uses permitted by right in the district, The propOsed church use will not restrict permitted residential and agricultural uses on properties in the surrounding Rural Areas district. with additional regulations provided in Section 5.0 of this ordinance, Section 5.0 of the Zoning Ordinance provides no additional regulations. and with the public health, safety and general welfare. The Site Review Committee has identified no adverse impact to public health, safety, and general welfare. The Building Official has inspected the existing building and has identified that the building, as is, is not approved for use as a church (Attachment I). However, the building official did review the proposed renovation floor plans and has noted that if proper egress capabilities and manual fire alarm pull stations were installed, the building will be acceptable for church use. The building official will ensure that these items are addressed during the review of the final building plans. Staff's primary concern is related to access, as the current access to the site does not have adequate commercial sight distance. The Virginia Department of Transportation [V.D.O.T] has reviewed this request and is requiring that the existing entrance be relocated approximately 250 feet to the south, to align with Payne Jackson Drive. The applicant has shown the location of the revised entrance and has satisfied VDOT's concerns. The revised location will prove to be a much safer location as commercial sight distance can be achieved and because it is aligned with another private road. Although, the attached site plan indicates that the existing entrance will remain for access to the barn, the Virginia Department of Transportation [VDOT] has indicated that the existing entrance must be entirely closed. VDOT is also requiring a 100-foot by 100-foot right mm lane / taper with this new entrance. Conditions 9 and 10 address the entrances. The applicant has also provided a brief traffic analysis for the proposed church use as Attachment K. Based on a maximum assembly area of 305 seats and a parking area of 103 spaces, "The average daily trips for Monday through Saturday is estimated to be 50" with three Sunday masses resulting "...in a maximum of 309 trips. Therefore, the average daily trips equates to 86, with a peak of 309 daily trips". Although an increase in traffic, staff believes that it is not a significant increase as the existing agriculture use will cease. Furthermore, staff finds that since the existing church is located just 3A mile away, the majority of the traffic is more of a shift on Proffit Road than an actual increase. VDOT has determined that the existing Route 649 has the capacity to support the slight increase in traffic. This site will be served by a private well and septic system. The applicant has provided a letter fi.om their Soil Scientist that indicates that the 10+ acre parcel will have more than enough capacity to accommodate a primary and a reserve drainfield (Attachment L), Prior to final site plan approval, the applicant will be required to obtain approval from the Health Department. Staff concludes that, with the letter and final approval by the Health Department, this proposal will not have an adverse impact on public health, safety, or general welfare. Summary,: Staff has identified the following factors, which are favorable to this request: o The proposed church use may have less of a negative impact than the existing use; The applicant will retain and maintain the historic barn; The existing entrance that has no commercial site distance will be closed and only used as access to the barn; This proposal reuses an existing structure [Note- Where possible, staff promotes re-use of existing structures]; A stormwater detention facility already exists on site; The church use has existed in harmony with the surrounding residential district for over 100 years, to the south; Consistent with the provisions of the Comprehensive Plan; and, Consistent with Section 32.2.4.1 of the Zoning Ordinance. Recommended Action: Staff recommends approval for the conversion of the existing agricultural building for church use (7,800 total square feet). Recommended Conditions of Approval: 1. This permit is issued for church use only; Total building square footage shall be limited to 7,800 gross square feet and have an assembly area of no more than 300 seats; o No school or day care usage is allowed. Any future school or day care usage will require an amendment to this special use permit; ° The church shall not demolish and shall maintain the existing historical barn so as to preserve its current condition. However, if the barn is damaged by a natural event such as a hurricane or tornado to the extent that it is a safety hazard, then the church reserves the right to eliminate the safety hazard including, if necessary, demolishing the ham; o The barn may be used for supportive purposes directly related to the church use or activity. Uses other than storage may require an amendment to this special use permit and/or site plan and building permit approvals; ° The building setback shall follow the exi sting building footprint on the northwest side as shown on the Site Plan entitled "Preliminary Site Plan for Evergreen Baptist Church", 8 o 10. 11. 12. and dated March 17, 2000. All new structures [both primary and accessory], parking and improvements shall comply with all RA setbacks, including the 25-foot side building setback; The applicant shall install screening shrubbery along the southem side of the travelway and parking areas, which shall be reviewed and approved by the Department of Planning and Community Development during review of the Final Site Plan; The applicant shall install screening trees along the northern property boundary in the area of the proposed building and parking, which shall be reviewed and approved by the Department of Planning and Community Development during the review of the Final Site Plan. This requirement can be waived if the northern adjacent property owner [Tax Map 46, Parcel 38B] submits a letter stating that such landscaping is not required; The existing entrance shall be removed entirely and' its use shall be discontinued. The barn and the church shall be accessed only by a new entrance that is aligned with Payne Jackson Drive and approved by VDOT; The applicant shall install a 100-foot right turn lane with a 100-foot taper as shown on the Site Plan entitled "Preliminary Site Plan for Evergreen Baptist Church", and dated March 17, 2000; The applicant shall have two years to begin construction from the approval date of this special use permit. The applicant shall have an additional year to complete the construction once it has commenced; and, Health Department approval of well capacity, and primary and reserve drainfields. SDP 00-016 EVERGREEN BAPTIST CHURCH PRELIMINARY SITE PLAN The Site Review Committee has reviewed this site plan and may grant administrative approval subject to the Planning Commission modifications of Section 4.12.6.2 of the Zoning Ordinance [One-way circulation]} Section 4.12.6.5c of the Zoning Ordinance [Angled parking] and a waiver of Section 4.2 of the Zoning Ordinance [Critical slopes]. Staff has provided discussions for the waiver/modification(s) separately: 1. Waiver for Critical Slopes: The applicant proposes to grade and construct on critical slopes. Section 4.2.3.2 of the Zoning Ordinance restricts earth-disturbing activity on critical slopes and section 4.2.5.2 allows Planning Commission modification of this restriction upon finding that strict application of the restriction would not forward the purposes of the Zoning Ordinance. There are approximately four small areas of critical slope on-site (1) south of the entrance to the parking lot; (2) north of the perking area; (3) east of the church building; and (4) the area of the dam for the stormwater basin. Planning staff has worked with the applicant to design the parking area to have least impact to critical slopes. Staff believes that the submitted preliminary site plan is in accord with such effort. Although the site design minimizes impact to critical slopes, a small portion of the slopes located at the northern side of the property line and at the end of the new one-way circulation loop are proposed for disturbance. The critical slopes proposed for disturbance constitute less than 4,500 square feet in area. The applicant's request and justification is attached (Attachment D). The applicant's proposal is to slightly alter the existing critical slopes and plant with grass. The applicant has designed the plan to have the least impact to existing critical slopes. The Engineering Department has reviewed this request in accord with Section 4.2 of the Zoning Ordinance and supports this request. Due to the minimal disturbance of the critical slopes, staff has not requested a detailed analysis of Section 4.2 from the Engineering Department. The slopes are vegetated only by grass and are proposed for minimal disturbance. Therefore, staff finds no substantial loss of aesthetic resources as a result of grading these slopes. Staff commends the applicant for working with the Planning Department to implement a design that is least obtrusive to the existing critical slopes. Staff recommends approval of this request. Modification to Allow for One-way Circulation: The applicant is requesting a modification for one-way intemal circulation in the parking area located along the southern side of the church building (Attachment D). Section 4.12.6.2 of the Zoning Ordinance states "One-way circulation aisles shall not be permitted, except that the commission may approve one-way circulation in such case where the same is necessitated by the peculiar character of the site or of the proposed use such as but not limited to uses involving drive-in windows and automobile laundries". As previously mentioned, the applicant has designed the one-way circulation parking area in an effort to minimize disturbance to critical slopes and still provide convenient parking in close proximity to the building. The Site Review Committee reviewed the applicant's proposal and finds no .conflict with the design and recommends approval of this modification. Staff will insure that proper installation and maintenance of control devices such as bypass lanes, signage, and pavement markings will be addressed during final site plan approval. Modification to Allow for Angled Parking: The applicant is also requesting a modification to allow for angled parking (Attachment D). Section 4.12.6.5c of the Zoning Ordinance states "Where practical considerations warrant, the Commission may authorize other angled, curvilinear, and/or parallel parking." As previously mentioned, the applicant has designed the angled parking lot in an effort to minimize disturbance to critical slopes and still provide convenient parking in close proximity to the building. The Site Review Committee has reviewed the applicant's proposal finds no conflict with the design and recommends approval of this modification. 10 Recommended Action: Staff recommends Planning Commission approval of modifications of Section 4.12.6.2 of the Zoning Ordinance [One-way circulation], Section 4.12.6.5c of the Zoning Ordinance [Angled parking] and a waiver of Section 4.2 of the Zoning Ordinance [Critical slopes]. ATTACHMENTS: A - Applicant's Special Use Permit Request and Justification B - Current Site Plan Reduction C - Tax Map D - Applicant's Request for Waiver/modifications E - Copy of Subdivision Plat Signed in 1996 F - Memo from Design Planner Dated February 11, 2000 G - Letter from Evergreen Baptist Church Dated February 7, 2000 H -Zoning Administrator's Letter Dated March 13, 2000 I - Building Official's Letter Dated January 10, 2000 J - Letter from Evergreen Baptist Church Dates January 14, 2000 K - Traffic Analysis Memo Dated February 15, 2000 L - Soil Scientist Memo Dated February 3 2000 13. County of Albemarle o:o --. Department of Building Code and Zoning Services' Application for Special Use Permit *Zoning District ~t~ ~J *Zoning Ordinance Section number requested I (}. Z., '~- t 5 ~ (*staff will assist you with these items) Is this an amendment to an existing S. pecial Use Permit? ~.Yes~o Are you submitting a site development plan with this application? ~ Yes~l~o Daytime Phone (~Crl~) ~2- ~'?-ff'] Fax# Address "~ 60~ ~"L~E)I City~_~,hV,~ State V~C, Zip~7~:t0s Daytime Phone (~ ~qS- 'i~ '~ ~ '~... Fax g. E-mail OFFICE USE oNLY ' ' :'~ '~ 7~ - ! I ~ / ~: ~ S~i~ U~ Pe~: ~ ~As ~d ~e~: ' .-~v~: . &r~ ~ ~ Concurrent review of Site Development Plan? 0 Letter of Authorization OYes ONo 401 Mclntire Road -:o Charlottesville, VA 22902 -:o Voice: 296-5832 -:o Fax: 972-4126 ATTACHMENT A 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 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. The items which follow will be reviewed by the staff in their analysis of your request. Please complete this form and provide additional information which will assist the County in its review of your request. If you need assistance filling out these items, staff is available. What is the Comprehensiv~ Plan designation for this property? ~, ~ How will the proposed special use affect adjacent property? /0I P-~[/IAAX"Ok ~C--l~c."~ ~~-.~ How will the proposed special use affect the character of the district surrounding the property? How is the use in harmony with the purpose and intent of the Zoning Ordinance? '~ V' ~_. How is the use in harmony with the uses permitted by right in the district? .~a? ~,~ ~ 10[ What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use.*. How will this use pWmote the pubic health, safety, and. general welfare of the community? 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: ATTACHMENTS REQUIRED - provide two(2) copies of each: ~/~1. Recorded plat or boundary survey of the property requested for the rezoning. If there is no recorded plat or boundary survey, please provide legal description of the property and the Deed BOOk and page number or Plat BOOk and page number. Note: If you are requesting a special use permit only for a portion of the property, it needs to be described or delineated on a copy of the plat or surveyed drawing. Ownership information - If ownership of the property is in the name of any type of legal entity or organization including, but not limited to, the name of a corporation, partnership or association, or in the name of a trust, or in a fictitious name, a document acceptable to the County must be submitted certifying that the person signing below has the authority to do so. If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the owner's written consent to the application. If the applicant is the agent of the owner, a document acceptable to the County must be submitted that is evidence of the existence and scope of the agency. OPTIONAL ATTACHMENTS: O 3. Drawings or conceptual plans, if any. Additional Information, if any. I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in filing this application. I also certify that the information provided is tree and accurate to the best of my Signature Printed Name Date qnq--5 tg'l Daytime phone number of Signatory ,' ATTACHMENT A ATTACHMENT A ATTACHMENT B ATTACHMENT B I I r/ i)NI~I33NIDNg VNNVAFH ATTACHMENT B 'AJ, NI303 3TclY~3ETIV '~i.31B.LqlQ VNNYAI~ Hg~If]H3 .lgI.ldVfl N3389H3A3 HO~ SNY~id J,N3~dO3:gu~,.~(] .",{J,lg AHVNI~FIY~d /Y / / / / / / ALBEMARLE COUNTY 32 ATTACHMENT C 9 Jo ~., 35 $4& 45 18 18(; 93D 22 C 92 21 ~43 RIO MqD RIVANNA DISTRICTS SECTION March 30, 2000 CHARLES WILLIAM HURT VInGIN iA LANO COMPANY BUILDING POST OFFICE BOX el 47 CHAltLOi-t-i~V~I-~,, VlltGIN'LA ~.,~906' ATTACHMENT D 1 1 000 ~LANNING AND COMMUNITY DEVELOPMENT ARF-A CODE 804 TELEPHONE 979-8 ! $I FAX 296-3510 Eric Morrisette County of Albemarle Dept. of Planning and Community Development 401 Mclntire Road Charlottesville, Va. 22902-4596 Re: Evergreen Baptist Church - Proffitt Rd. Dear Mr. Morrisette, Waiver Request: The property is known as the Dettor property, located on Proffitt Road West of the RR bridge of the North side of the road, TM. 46 Par. 38-C, currently zoned RA and consisting of' approximately I0+ acres. We are requesting a waiver for grading critical slopes around the pai-king lot, i mainly two small areas at the fringe of the parking lot. Addressing the county code in section 4.2 Critical Slopes: this grading in way impacts any body of water or creates any more area that will cause excessive storm water mn-off It does not have any impact on the future area for the septic field. No improvements are being placed in the areas of the cfitical"glbPes, only lot grading outside the edge of the parking lot in order to create a reasonable grade at the edge of the parking lot and disturb the least amount of area possible. We are also requesting the use of one-way circulation and angled parking in one section of the parking lot. This is to reduce the area that would be paved for parking and circulation. Justification: Do to the limited area in front of the existing building and the slope of the surrounding topography, we have design the site to be as efficient as possible and still provide the necessary parking spaces and travel way as required by zoning ordinances. With minimal disturbance to areas of critical slopes, and the use of one-way circulation we can more effectively utilize the site. If you have any questions or need further information regarding these matters, please call me at 979-8181. Thank you for your time and attention. ATTACHMENT D C. W. HURT CONTRACTORS. L.L.C. VIRGINIA LAND COMPANY BUILD[BIG POST OFFICI~ BOX 8147 C-'~RLOrI~V~.~ ~. VIR6'II,~ 22906 March 20, 2000 AREA CODE 804 TELEPHONE. 979~ FAX 296-3510 Eric Morrisette County of Albemarle Dept. of Planning and Community Development 401 McIntire Koad Charlottesville, Va. 22902-4596 Re: Evergreen Baptist Church - Proffitt Rd. Dear Mr. Morrisette, Waiver Request: The property is known as the Dettor property, located on Proffitt Road West of the RR bridge of the North side of the road, TM. 46 Par. 38-C, currently zoned RA and consisting of approximately 10+ acres. We are requesting a waiver for grading critical slopes around the parking lot, mainly two small areas at the fringe of the parking lot in order to maintain the slope on the parking lot. We are also requesting the use of one-way circulation in limited areas of the parking lot. This is to reduce the area that would be paved for parking and circulation. Justification: Do to the limited area in front of the existing building and the 'slope of the surrounding topography, we have design the site to be as efficient as possible and still provide the necessary parking spaces and travel way as required by zoning ordinances. With minimal disturbance to areas of critical slopes and the use of one-way circulation we can more effectiVely utilize the site. If you have any questions or need further information regarding these matters, please call me at 979-8181 Thank you for your time and attention. Respectfully, ~. /.~ '~-Ex-','*'x/."'v."4 - ~:.' Katurah S. Roell (201)IIIY OF AI..FIEM~RLE COUN1Y OF ALBEMARLE F)LANHIIxlC COMIdlS$1OH BOARD OF SUPERVISORS .... ,.. ~'~,/,~. _ OWNER: JAMtS A. DtlTOR, JR, D.B. 1502 P. 614 o.e. 75' FRONT SBL. 25' SIDE SOL. 35' REAR SBL COT t.HAS roun LO[ 5 MAY NOT BE FURTHER DEVELOPED. O()ltl LOTS IIXV[ A 30~O00 TIIAlt 25~ SLOPE:. CURVE TA~LI: LADI:L RADIUS ANGLE AA 56~54.60 01)1 49'20' t~J ILION 1WO ~JIORY FRAME LOT 3 5.000 AC. IRON rouflo ~' t.M. 46 PAIL 5lI'x'x "' ~ J.R. OR BERNICE WOOD O.'13. 1485 P. 661 ImllM CIIRD gEARING TANGENT AI~c LEN~IIt AItY FUIUR[ LOT CREAqED FROM LOT I SHALL IIAYE A BL0O. filll WIIIIIN II1[ I. lll WItlCII INCLUD[5 TWO DRAIHrlELD LOC~ AIlOIIS WlTltlfl II1[ 8LIJG, SITE PER 4.2.2.1 ArID MAY riOT EMPLOY Tile RF. SERVEI) AREA 10 SATISFY 4.2.2.1. ATTACHMENT E wILL o LOT 1 IO.6555 AC, L 11,,1~ 1ABLE 011'40'30' J~ 53.33 0~'38'~8' E 140. 04'35'~6' [ I~.01 ~'~6'4~* E 7P.54 o4'or~7' E 186.67 04'03'43' E 171.0~ SUBDIVISION 'PLAT SHOWINO LOTS 1 & 3-A DIVISION OF OF TAX MAP 46 PARCEL 38 RIVANNA DISTRIC1- ALBEMARLE COUNTY, VIRGINIA SCALE: 1" .= 200' AUGU.~T 27, 1996 Charlollesvt'II~, l/ir~qinfa 11400 U-OL IOO 200 400 SCALE IH rE£T t MEMORANDUM ATTACHMENT F TO: Eric Morr/sette, Sr. Planner FROM: Margaret Pickart, Design Planner RE: Barn on Tax Map 46, Parcel 38C in the Proffit Historic District DATE: February 11, 2000 I have the following comments on the above referenced subject. Description and History The Proffit Historic District was listed on the National Register of Historic Places on February 5, 1999. It consists of 41 buildings, sires, and structures, and is significant at the local level as the most intact and most thoroughly documented historically black community in Albemarle County. It is a rural residential village built primarily in two stages. It originated in a small settlement founded in 1871 by newly freed black slaves from the related Brown and Flarmagan families, members of which were former slaves on the nearby Glen Echo plantation. Proffit is thus a rare survivor of the black communities established in Albemarle County after the Civil War, most of which have disappeared or have been rebuilt. In 188I the village was designated a stop on the Southern Raikoad, and Proffit grew ro be a small but thriving commercial and residential community with an integrated population. The district also includes the site of a former mining operation carried out by the Ohio Sulphur Mining Company in the early 1920s. The most notable landmark of the community is the Evergreen Baptist Church, built by the local black Baptist congregation in 1891. Project Notes The church requires additional space to accommodate its growing congregation. A lot (Tax Map 46, Parcel 38C) situated a short distance to the north on the east side of Proffit Road (Rt. 649) has been chosen as the site of the new church. There are two structures currently standing there. The metal agricultural building at the rear of the lot will be converted into the new church. A new entrance road and parking area will be created. There are no plans to alter or use the barn at the front of the parcel. Significance The barn is a contributing building in the historic district and it is the only remaining barn in the district. The National Register nommanon form describes the barn as a 1-story, l-bay, gable-roofed frame hay/storage barn with vertical board siding and a gable end entrance. Its estimated constmcuon date is 1900. The metal building at the rear of the lot does not contribute to the history or significance of the district. The property on which the barn and metal building are located was part of the adjacent property to the south. The house on the adjacent parcel, known as Lydia, was owned by Elijah Cox. Cox was the village merchant, and was also a builder and a farmer. The barn has a prominent location in the district. A red painted frame building, it stands in an open field, a strong visual marker at the entrance to Proffit when entering from the north. Because it contributes to the architectural and historical significance of the district, because of its strong visual presence along Proffit Road, and because it is the last remaining structure of its type in the district, the barn should not only be retained, but actively maintained. Proj eot Impact The proposed new church will impact the kistor/c district because it will be visible. It is, however, set far back from the road. and sits down on the slope. The building that will be converted is a non-contributing building in the district. It is not anticipated that the proposed conversion will increase the neganve trnpact of the building on the district. It is likely that the new church will have a more orderly appearance and, tn that respect, will be an improvement. However, elevations have not been provided, so the ultimate impact. is difficult to discern. Size, form, detail, materials, and colors of the building can all be used to mmmnze impact and increase compatibility with the historic surroundings. The increase in the parking area may be viewed as an increased neganve impact. Reducing the impact of the parking would be an improvement. Maintaining distance from the road and from historic resources, including the barn at the front of the property, is preferred. Decreasing visibility by maintaining the parking at lower elevations would be preferred. ATTACHMENT F Recommendations: Barn · Retain the barn. · Document the barn in black and white photographs, with negatives to be maintained at the county office building. · Stabilize the barn where necessary, and maintain it. Create and follow a routine cyclical maintenance plan. · The access road to the barn should not be available for use by church-goers. At a minimum, the route should be gated. Existing Church · Continued use of the existing church is strongly encouraged. · Continued maintenance is a necessity. Create and follow a routine cyclical maintenance plan. New Church · Size, form, detail, materials, and colors of the building should be used to minimize impact and increase compatibility with the historic sun'oundings. · Exterior lighting should be held to a minimum · Parking should be organized to minimize impact/visibility from the road and to maintain distance from the barn · Landscaping should fit the character of the district. ATTACHMENT G - Ev r tr en l pti -b Church P.O. Dox 6401 Chmrlof. f,s vills, Virgini 22 05 Telephone: (804) 973-7825 Announcement Box: (804) 923-7775 'ASTOR STANLEY E. WOODFOLK 1009 Wiamrgreen Lane Charlottesville, VA 22902 (804) 295-8312 )EACON WILLIAM TllqSLEY Cl~m, Deacon Board (804) 973-5231 ;ISTER JACKIE BROWN PAYNE Chairperson, Trustee Board (804) 978-7139 ;ISTER DIANNE JOHNSON )astor's Secr~mry (804) 973-7874 ;ISTER ERLINE M. BERKLEY Clerk (804) 964-1246 February 7, 2000 Mr. Eric Morrisette, AICP Senior Planner County of Albemarle Department of Planning & Community Development 401 Mclntire Road, Room 218 Charlottesville, VA 22902-4596 SP-99-77 Evergreen Baptist Church Tax Map 46, Parcel 38C Dear Mr. Morrisette: Evergreen Baptist Church has agreed not to tear down the red barn on the above mentioned parcel due to its historical significance. Evergreen will maintain the barn to make it safe. However, if the barn is demolished by nature such as hurricanes, tornados, etc, or becomes hazardous, then we will do what is necessary for the safety of the church and the community. If you need any additional information, please feel free to contact me. Thank you. S~f.rely, ; /~ ,'q, t t /?,.~J Reverend Stanley E. Woodfolk Pastor cc: Katurah ROell · RECEIVED "The Church Where Everyone Is Welcomed" FEB 0 8 2000 PLANNING AND COMMUNITY DEVELOPMENT ATTACHMENT H MEMORANDUM TO: Eric Morrisette, Senior Planner FROM: Jan Sprinkle, Chief of Zoning Administration DATE: 03-13-00 RE: SP 99-77, Evergreen Church 1. This is a commercial use in the RA, Rural Areas zoning diStrict. I usually ask the PC/BOS to condition the setbacks of Section 21, Commercial. However, in this case identifiable circumstances would warrant allowing the RA setbacks.' First, this is a long- standing community church that is trying to move to a larger space. There is an existing structure that they plan to convert to the church use and because it was an agricultural building, one corner is only about 15 feet from the existing property line. The front end where more of the church activity will occur is approximately 30 feet from the line. Finally, the property immediately adjacent is currently undeveloped and tree covered. Therefore, I recommend a condition that states: The setback shall follow the existing building footprint on the side NW side. All new st~'uctures (both primary and accessory), parking and improvements shall comply with the RA 25' side setback. (Otherwise, accessory structures in the RA may be only six feet from a property line, and parking has no setback.) I also recommend a condition to require the addition of a screening buffer where this project disturbs land within the 25-foot setback. 2. All outdoor lighting shall be arranged or shielded to reflect light away from adjoining properties and away from adjacent streets. (As well as meet the full cutoff requirements of Section 4.17.) 3. If the church wants to begin using the building prior to construction, they. first need to obtain a zoning clearance. If they are planning to construct first, they will have two years to begin construction and one year after that to complete the construction. If they desire any other timing, they need to request it during this SP review so the BOS can consider it. Otherwise, the SP.expires if. not initiated within the time limits described above. 4. This property has been used for farm purposes including use of the "barn" for maintaining farm equipment. Will this by-right use continue? Or is the church replacing the farm use? FAX (804) 972-4126 COUNTY OF ALREMAR! _lq_ Department of BuiLding Code and Zoning Services 401 Mclntire Road, Room 227 Charlottesville, Virginia 22902-4596 TELEPHONE (804) 296-5832 ATTACHMENT I TTD (804) 972-4012 January 10, 2000 Kamrah Roell C. W. Hurt Contractors, Inc. ?. O. Box 8147 Charlottesville, VA 22906 Change of Use of Structure at Tax Map 04600-00o00-038C0 Evergreen Baptist. Church Dear Katurah: On January 4, 2000, this office performed a site visit to determine if the referenced structure is acceptable for use as a church (Use Group A-4). This building is currently occupied as a storage/maintenance building (Use Group S-l). The building's Construction Type is 5B. This evaluation was performed in accordance with Chapter 34 of the 1996 BOCA National Building Code. A Chapter 34 evaluation assesses a building's safety attributes in three categories. These categories are Fire Safety, Means of Egress and General Safety. A score of less than zero, in any category, indicates that the building, as is, is not acceptable for the proposed use. The results of the recent evaluation are: Fire Safety: - 15 Means of Eg-ress: -34 General Safety: -34 The building, as is, is not approved tbr use as a church. In order to make this building acceptable for use as a church, fire alarm pull stations would have to be installed, and more means of egress would have to be provided. The proposed floor plans, provided by your office, indicate that major renovations are planned for this building. The ATTACHMENT I proposed egress routes, and exit door numbers and locations, adequately address the existing egress problems. If your plans will include egress capabilities in conformance with the current building code, and the installation of manual fire alarm pull stations, the existing building, after alterations, will be acceptable for use as a church. Sincerely, Jay Schlothauer Building Official JS/js CC.' Keith Huckstep Eric Morrisette Reading File ATTACHMENT J January 14, 2000 Mr. Eric Morrisette Albemarle County Planning Department 401 Mclntire Road, Room 227 Charlottesville, VA 22902 Dear Mr. Morrisette: The new building of the Evergreen Baptist Church ~vili be 7800 square fe~t. The new church will be used for regular Sunday worship services, weddings, choir rehearsals, weekly bible studies, counseling sessions, workshops and training programs. The hours in use will be from approximately 9:00 a.m.'until 9:00 p.m. daily (depending on what is scheduled). There is a potential to have a playground and some small landscaping done to the property (flowers, shrubbery). There will be little, if any, traffic between the old church building and the new church building. If you need additional information, please contact me. Thank you. Sincerely, P~everendSthnley~E~ Woodfolk Pastor R.IVANNA ENOINEI~RING & SUI~.VEYING, INC. ATTACHMENT K P,O, Box Palmyra. VA 22963 (F) g04=589-6327 Febcuary 15, 2000 Katurah Roetl C.W: Hurl Contractors, Inc. 195 Riverbend Drive ChaHottesville, VA 22906 RE: Evergreen Baptist Churoh Tralfic Analysis Dear Katurah: The following is a traffic analySiS for t~e proposect Evergreen Baptist Churctt. Locate~ on the r~rth side of Route 649, approximately 1.0 miles west of Route 643. The church will have an assembly area with approximately 350 seats, an(] a pa~king lot with 103 spaces. Tl~e average Caily tri;)s fo~ Monday through Saturclay is estimate~l to be 50. The church plans to have three masses on Sunday morning, which wilt result in a maximum of 309 t6ps. Consequently, the ADT equates to 86 anc~ a peak of 309 daily trips. Since the Sunday morning traffic on Route 649 Is minimal, the l~ak should have little impact on current traffic. Please call me ~f you have arty questions. Sincerely, Timothy ~ilt~% P.~. P.L.~. V~ce President ~eD-Oq-O0 iO:03A Va Land Co. 804 296 3510 P.O1 07.16'412000 el~J:03 Be~2935137 GETI~ P~ 82183.. g neerin g ATTACHMENT~ Phon~ (804)293- 7449 ~es ~ ~~ I~c~ p~ (804)293-513~ t305 C~ttonAven~ CharloHesville, ~n~ 22902 F~br~ry3,2000 C.W. Hurt, Inc. P.O. Box 8147 Re: Evcrtg'seri BaOus~ Church Lot 1 Tax Map 46 Pares! 38 Albemarle County Sev~waI yr, ars ago we l:~r~ormcd a soils ~v~'t~gauon for a proposed residential subd/viaion of th~ tbove-~I~eacod prop~n'B,, We found ~veral ar¢a~ o~ thc iyropeny rlam would :rapport a sci:fie system. We tmdersrand t~at r~ideatial devetopmeut ~ no Ionser plarmed and that Ev, r~ BaI~f~t Church plans to build Ga ~e property. Based on oar previous investigation, it al;pears that it would b~ tx~ssible to/J~mll a septic system on r~ pmgcrcy ~hat would be cap,Ia of ~os~g of ~ommely 1000 galto~ ~ ~y' wis a !00% rede ~. ~y o~ d~ ske p~fion for ~e ~umh f~iliW ~ not ~b the ~tenfi~ d~ctd sites. ~e ~o slo~s ~t exc~ 25%, ems~ ~11 ~d a pond on ~c pm~ ~d s~'~ ~ ~ageways. c~c ~a~eld sams ~ no~ d~s~d. The contents of tbaa repor~ reflect our opinion aa to the $~rability. of th, soils in thc areas i~vesugated to 'suFport a s~ptic targc/dmindeld system u~drr thc current H~ahh Department mgulaUon.s. Final approval and design of the draiafield rests wir. h the Charlottes,dtle-Alb,.-'marl¢ Health Deparunent. W'e hope chis is the int3rmatton you need. If you have any queSUons, please I~ us k. noxv S~ncgrely. Gooch En~r~eering and Tes~ng, Inc. Stye Gooch Post-_i~ Fax Note 7871 Co.A~ept. COUNTY OF ALBEMARLE Department of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4012 April 26, 2000 Tom Manuel, President 1807 Hearthglow lane Charlottesville, VA 22901 SP-00-02 Unity Church, Tax Map 61, Parcels 4 & 4B Dear Mr. Manuel: The Albemarle County Planning Commission, at its meeting on April 25, 2000, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approva is subject to the following conditions: 3. 4. 5. 6. 7. 8. Use shall be limited to a maximum 200-seat sanctuary and use of the Existing Building 2 for youth activities normally associated with a church use; Construction of the 200-seat sanctuary shall commence within four (4) years or approval for the new structure shall expire; New approval of septic system from the Health Department; The church will be developed in general accord with the conceptual plan found on Attachment F of this staff report; The property may not be further divided; There shall be only one residential dwelling on this property; Any expansion of, or addition to, the uses, activities or structures outlined in this staff report shall require additional review and approval by the Board of Supervisors; and, · Development shall be subject to review of and issuance of a certificate of Appropriateness by the Architectural Review Board. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on May 17, 2000. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date, Page 2 April 26, 2000 If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Juandiego Wade Transportation Planner uw/jcf Cc: Ella Carey Amelia McCulley Jack Kelsey Steve AIIshouse Bob Ball Unity Church of Charlottsville STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: JUANDIEGO WADE APRIL 25, 2000 MAY 17, 2000 SP 00-02 Unity Church of Charlottesville Applicant's Proposal: Request fOr special use permit to allow a church to accommodate 160 people and the use of an accessory building for youth activities one a day week. A special use permit and site plan for a 300 seat church were previously approved on this site. However, those approvals have now expired. Petition: Request for a special use permit to allow for a church (Attachment A) in accordance with Section 10.2.2.35 of the Zoning Ordinance, which allows for church buildings and adjacent cemetery. The property, described as Tax Map 61 Parcels 4 and 4B, contains 4.44 acres, and is located in the Jack Jouett Magisterial District on Hydraulic Road (Rt. 743) approximately 900 feet from Lambs Road (Rt. 657). The property is zoned RA- Rural Areas and EC, Entrance Corridor Overlay. The Comprehensive Plan designates this property as open space in Rural Area 1. (Attachment B and C) Character of the Area: Roslyn Heights (a residential subdivision), zoned RA, Rural Areas is to the north of this property. The property to the south is zoned LI, Light Industrial. Hydraulic Road forms the Development Area boundary. The area west of Hydraulic Road is designated as Rural Area. The site is located in the South Fork Rivanna River watersupply watershed. There is a drainage swale toward the northern property line. The site contains a recorded waterline easement currently serving Parcel 4A. A previous plat indicated there may be a cemetery located near the back property line. 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 Special Use Permit (SP 00-02) with conditions. Planning and Zoning History,: SUB-81-142 - Margaret Goodwille Laurent- On November 5, 1981, staff signed an exempt plat which created this parcel. SP 91-71 -The Board of Supervisors approved a request to construct a 150 seat - interim sanctuary, with offices, within two years of approval date and a request to construct a 300 seat church, with offices, fellowship hall and educational facilities, within four years of approval. (Attachment D) The church office is the only part of this proposal that was commenced. SP 92-09 - The Board of Supervisors approved special use permit for a day care for 25 children, which was initiated and functional until September 1997. (Attachment E) This special use permit is till valid. SDP 93-046 - A site plan was approved for a 300 seat church and three accessory buildings. It has since expired. A new site plan will be required since the previous plan has expired, The current proposal (SP 00-02) is for a 160 seat church. The special use permit for the day care center was activated and met all of the conditions of approval. The day care center was in use until the Fall of 1997 with approximately 20 children. It has moved to another site. The applicant wishes to keep the day care special use permit. It was approved in 1992 under a different applicant. The special use permit runs with the land. They are requesting that Existing Building 2 on Attachment F be used as a building for youth activities one-day a week until the day care center special use permit is exercised. The site plan approval for the church has expired as well. The applicant will have to go through the site review process again for approval of the site plan. The applicant is proposing substantially the same plan for development for the site as was previously approved. A conceptual plan for the new church with the two existing buildings can be found in Attachment F. Staff will make it a condition of approval that the church is developed in general accord with this conceptual plan found on Attachment F of this staff report. This site contains a private waterline easement that serves Parcel 4A. The property owner visited the Planning Department during the week of April 10 regarding this easement. He wanted to insure that it was noted on the conceptual plan (Attachment F). It is noted on the conceptual plan. He has been in contact with church officials and has indicated that he is agreeable with this plan. All adjacent property owners will be contacted again during the site plan process. Appropriate agreements will be required with site plan review/approval. Comprehensive Plan: The Comprehensive Plan designates this property as Rural Area 1, adjacent to a designated Development Area, and within the South Fork Rivanna Reservoir watershed. Extensive staff comment regarding this church was provided in the original staff report, for this proposal (Attachment G). Staff raised policy concerns regarding the church in this location, but noted "prior legislative decision to grant a similar use request within close proximity." There do not appear to be any significant changes in circumstance since approval of SP-91-71 for Unity Church that alter these conclusions. The property is within the Albemarle County Service Authority jurisdictional area map showing Parcel 4 and 4B for water service only. Hydraulic Road is now designated as an Entrance Corridor Route. Therefore, development of the site of will be subject to review by the Architectural Review Board. STAFF COMMENT: Regarding the special use permit, 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 does not anticipate any substantial detriment to adjacent properties if the 160 seat church and youth activities one day a week are approved. The church is anticipating having night meetings three times a week and the church office will be open every weekday from 10-4 p.m. with two employees. The office is currently, and has been for the past eight years, in use weekdays 10-4 p.m. with two employees. The day care center will open in the future in Existing Building 2 on Attachment F. Although the church will be located in the Rural Area, the development area is across Hydraulic Road (Route 743). Hydraulic Road is a major collector with approximately 18,000 daily vehicle trips. There are no residences in close proximity. Roslyn Heights is located approximately 1000 feet to the north of this property. There are several other churches in close proximity to this proposed site. that the character of the district will not be changed thereby, While located in the RA, Rural Area District, staff does not anticipate any change in the character of the district. Two other churches are located on RA zoned property in the area, one at the comer of Hydraulic & Lambs and a second at the comer of Hydraulic & Earlysville Roads. This proposal is substantially smaller (sanctuary size) than the prior approval for SP-91-71, Unity Church. As of April 12, 2000 this property was added to the Entrance Corridor Overlay District and will be subject to ARB review. and that such use will be in harmony with the purpose and intent of this ordinance, Staff has reviewed the purpose and intent of the ordinance as stated in Sections 1.4, 1.5, and 1.6. Staff finds no conflict with these provisions of the ordinance. (Attachment H) with the uses permitted by right in the district, This use will not restrict permitted uses on any adjacent property. with additional regulations provided in Section 5.0 of this ordinance, The supplemental regulations do apply to this use. and with the public health, safety and general welfare. The Health Department has already approved this use (Attachment I) in 1992. Staff requested the Health Department to review this less intensive proposal again because of the time lapse. The Health Department has a new method for determining the water usage of churches to accommodate for large gatherings such as weddings, funerals, and large dinners, etc. and is requesting additional information from the applicant. Those comments can be found on Attachment J. VDOT's comments can be found on Attachment K. The will be able to meet these requests. VDOT will review this proposal again during the site plan process. Summary: Staff opinion is that certain uses such as churches, day care, and schools contribute to the well being and moral fiber of the community. Staff finds the following items as favorable for this request: 1. The use and site plan for development of the site was previously approved. 2. The site is in close proximity to the Development Area and other churches. Staff finds the following items unfavorable for this request: 1. The site is located in the South Fork Rivanna River watersupply watershed. RECOMMENDED ACTION: Staff recommends approval of Special Use conditions: Permit (SP 00-02) with the following 3. 4. 5. 6. 7. o Use shall be limited to a maximum 160 seat sanctuary and use of the Existing Building 2 for youth activities one day per week; Construction of the 160 seat sanctuary shall commence within four (4) years or approval for the new structure shall expire; New approval of septic system from the Health Department; The church will be developed in general accord with the conceptual plan found on Attachment F of this staff report; The property may not be further divided; There shall be only one residential dwelling on this property; Any expansion of, or addition to, the uses, activities or structures outlined in this staff report shall require additional review and approval by the Board of Supervisors; and, Development shall be subject to review of and issuance of a certificate of Appropriateness by the Architectural Review Board. 4 ATTACHMENTS: A - Special Use Permit Application B - Tax Map C - Location Map D - SP 91-71 Approval Letter E - SP 92-09 Approval Letter F - Conceptual Plan of new church building G - Staff Report, SP-91-71, Unity Church H - Sections 1.4, 1.5, and 1.6 of Zoning Ordinance I - Health Department 1992 Approval Letter J - New Health Department Letter K - VDOT comments '"%" !OFFICE USE ON'LY O~ . sr~'i,.' : ~OOO ,4 4.:.:.'i" .' 'i~ q Dist. ATTACHMENT A Date / · '.APPli?ation for Special Use Permit · Zoning District~,, 'i'~ , *Zoning Ordinance Section number requested (*staff will assist you with these items) · Number of acres to he covered by Special Use Permit 0t. ~o~ u ,,,m ~ a~lt.~ ~ ~.o 'hr ' ~ · Is this an amendment to an existing Special Use Permit? Are you submitting a site development plan with this application7 Contact Person (Who., should we call/wrim concerning this projectT): Address --~-~'6.a~.,-~t ~ ~- Daytime Phone (:gOqt' . ) ~'7 8 - I~¢ ~- .~ Y esliPN'o I tn_..~/:~ ~._ -- .I Fax aq 7 % - I Z g Z E-mail Owner of land (As listed in the County's records): ,Address IDaytime Phone ( City dL~ l,,t'/~twl~te._~& Zip Fax # E-mail Tax map and parcel Physical Address Location of property (landmarks. intcrsectionz, orotncr) ~,~ ~ ~dO~.~L~-~l'(_ Does d~e owner of this property own (or have any ownership interest in) any abutting property? those tax map and parcel numbers ~ o If yes, please list OFFICE USE ONLY Fcc amount $ 3~"00 Date Paid O Variances: ZMAs and Proffers: Letter of Authorization Yes ~ No Concurrent review of Site Development Plan7 401 Mcfntire Road -:. ChariottesvilI¢. VA 22902 -:- Voice: 296-5832 ';, Fax: 972-4126 { ~ Section 31.2.4,1 of the Albemarle County Zoning Ordinance states that, "The board of supervisors ~ere. by rese.~..?s, 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 ~hang~d thereby and that such use will be in harmony with the purpose and intent of this · ordinance', with the uses permitted by right in the district, with additional regulations provided in section 5.0 of this ordinance, and with the public health, safety and general welfare. The items which follow will be reviewed by the staff in their analysis of your request. Please complete this form and provide additional information which will assist the County in its review of your request. If you need assistance filling out these items, staff is available. What is the Comprelmnsiv¢ Plan designation for this property? ]~..'~J~ How will the proposed special use affcct adjacent property? tg._..~_.~_,-~.,.,~~- ~ ~ How' will thc proposed special use affect thc character of Iht district surrounding thc property? How is the use in harmony with the purpose and intent of the Zoning Ordinance? What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this How will this usc promote the public hcalth, safety, and gcncral welfare of thc community7. ATTACHMENTS REQUIRED - provide two(2) copies of each: Describe your request in detail and include all pertinent information such as the numbers of persons · revolved m the use, operattng hours, and any unique features of the use: Recorded plat or boundary survey of the property requested for the rezoning. If there is no recorded plat or boundary survey, please provide legal description of the property and the Deed Book and page number or Plat Book and page number. Note: If you are requesting a special use permit only for a portion of the property, it needs to be described or delineated on a copy of the plat or surveyed drawing. Owners'hip 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 documen.t"~cc?ptable to the County must be submitted that is evidence of the existence and scope of the agency. Oi:rrlONAL ATTACHMENTS: Drawings or conceptual plang, 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 Lrue and accurate to the best of my knowledge. s . aiure / Printed Name br/'a__.~' Date Daytime phone number of Signatory SP-99-002 1 Church ALBEMARLE 45 COUNTY ATTACHMENTB OF ~NARLOTT?.SVhtJ,.E, / dACK JOUETT, RIVANNA AND 'SECTION Albemarle I I SP-9 ! I I I I I I k ..VILL-~ ATTACHMENT C 1 .-.,,,....... o., ~ '-., III ATT AcHMENT D COUNTY OF ALBEMARLE Dept. of Planning &. Community Developmen[ 40t Mcindre Read Char[ottcsvilk:, Virgima 22901 -4596 (804t 296.5823 May 21, 1992 Unity Church in Charlottesville 2305 Commonwealth Drive Charlottesville, VA 22901 RE: SP-91-71 Unity Church in Charlottesville Tax Map 61, Parcel 4 Dear Sir: The Albemarle County Board of Supervisors, at its meeting on May 13, 1992, approved the above,noted request to construct a 300 seat church with offices, fellowship hall and educational facilities on 5.0 acres zoned Rural Areas. Please note that this approval is subject to the following conditions: Uses in Phases 1-4 shall not exceed the limitations for each phase as set out in the letter of May 4, 1992, from G. Stephen Rice, Environmental Health Specialist, Thomas Jefferson Health District, addressed to Yolanda Hipski, (copy attached) or such limits as may be established by the Health Department during site plan review; 2. The property may not be further divided; The interim sanctuary shall not exceed 150 person seating capacity; Construction of the 300 seat sanctuary shall commence within four years or approval for the new structure shall expire. Construction of the 150 seat sanctuary shall commence within two years of approval of the special use permit or approval for the structure shall expire; There shall be 0nly one residential dwelling on this property; // ~ty Church in Charlottesville Page 2 May 22, 1992 6. Administrative approval of site plan; Reservation of land for additional right-of-way to accommodate road improvements as outlined in VDOT letter dated January 16, 1992; Any expansion of, or addition to, the uses, activities or structures outlined in the staff report shall require additional review and approval by the Board of Supervisors. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, ~rWector of P1ayne ~ilimbanningerg ~unity Development vwc/j cw cc: David D. Allen Amelia Patterson Jo Higgins ATTACHMENT E COUNTY OF ALBEMARLE DepL of Planning & Community Develor~ment 401 Mclntire Re, ad Charlottesville. Virg~ma 22901-45c)6 (804} 296-5823 May 22, 1992 David D. Allen 2825 Hydraulic Road Charlottesville, VA 22901 RE: SP-92-09 David D. Allen Tax Map 61, Parcel 4 Dear Mr. Allen: The Albemarle County Board of Supervisors, at its meeting on May 13, 1992, approved the above-noted request for a day care for 25 children on 5.0 acres zoned Rural Areas. Please note that this approval is subject to the following conditions: Day care shall not exceed 25 children or such lesser number as the Health Department may specify based on adequacy of the septic system; 2. Administrative approval of site plan; No such use shall operate without licensure by the Virginia Department of Welfare as a child care center. It shall be the responsibility of the owner/operator to transmit to the zoning a~ministrator a copy of the original license and all renewals thereafter and to notify the zoning administrator of any license expiration, suspension, or revocation within three days of such event. Failure to do so shall be deemed willful non-compliance with the provisions of this ordinance; Periodic inspections of the premises shall be made by the Albemarle County Fire Official at his discretion. Failure to promptly admit the fire official for such inspection shall be deemed willful non-compliance with the provisions of this ordinance; These provisions are supplementary and nothing stated herein shall be deemed to preclude application of the requirements of the Virginia Department of Welfare, Virginia Department of Health, Virginia State Fire marshal, or any other local, state or federal agency. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Director of Plan~ommunity Development VWC/jcw cc: Unity Church in Charlottesville Amelia Patterson Jo Higgins . I P' I;l:)ttCrl '[;!} ~lVl,'i )<'¢1 J ATTACHMENT G STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: YOLANDA A. HIPSKI APRIL 21, 1992 (Corrected 5-7-92) MAY 13, 1992 ¢SP-91-71) - UNITY CHURCH & (SP-92-09) - DAVID AT.T.RN (SP-91-71) - Unity Church Petition: Unity Church in Charlottesville petitions the Board of Supervisors to issue a special use permit for a church [10.2.2(35)] on 5.0 acres, zoned RA, Rural Areas. Property, described as Tax Map 61, Parcel 4, is located on the west side of Hydraulic Road approximately 900 feet north of Lambs Road. This property is not located in a designated growth area (see Attachment A). (SP-92-09) - David Allen Petition: David Allen petitions the Board of Supervisors to issue a special use permit for day care [10.2.2(7) and 5.1.6] in conjunction with a church on 5.0 acres, zoned RA, Rural Areas. Property, described as Tax Map 61, Parcel 4, is located on the west side of Hydraulic Road approximately 900 feet north of Lambs Road. This property is not located in a designated growth area. Character of the Area: Approximately one quarter of the property is cleared for two existing dwellings. The remainder of the site is wooded. This site is located in the South Fork Rivanna River watersupply watershed. There is a drainage swale toward the northern property line. This ditch feeds into a spring located on the western adjacent parcel. As a result, the northwest corner of the site is limited by a building and septic setback. The site contains a recorded waterline easement currently serving Parcel 4A. A'previous plat indicated there may be a cemetery located near the back property line. Roslyn Heights, zoned RA, Rural Area is to the north of this property. Sentry Electric, zoned LI, Light Industrial, is located to the south of this property. Lambs Road Baptist Church is located beyond Sentry Electric and zoned RA, Rural Area. The growth area is on the other side of Hydraulic Road. Hydraulic Road currently is non-tolerable. The Virginia Department of Transportation is developing plans to improve this section of Route 743. At this time, the estimated advertisement date for the project is June, 1994. The proposed right-of-way is fifty feet from the existing centerline and will require approximately 35 feet of this site. APPLICANT'S PROPOSAL: In response to a Staff request, the applicant submitted a sketch plan to demonstrate feasibility for future development of the site (see Attachment B). In addition, the applicant submitted a letter which outlines their proposal (see Attachment C). The applicant proposes to develop this site in phases. In Phase I, existing Building 1. will be a church office. Existing Building 2. will be a day care for ten (10) children. In Phase II, existing Building 1. continues as an office, existing Building 2. continues as day care and proposed Building 3. will be an interim sanctuary. In Phase III, existing Building 1. continues as an office, existing Building 2. continues as a day care, proposed Building 3. will house adult education classes and a fellowship hall, and proposed Building 4. will be a permanent sanctuary. In Phase IV, existing Building 1. reverts to an on-site residence, existing Building 2. continues as a day care (10 children), proposed Building 3. becomes a day care (10 children) on week days and a fellowship/social hall on weekends, and proposed Building 4. will become a church office, sanctuary, fellowship hall, Sunday school and adult education classes. Maximum seating for the sanctuary will be 300 and day care will not exceed twenty (20) children total. PLANNING AND ZONING HISTORY: {SUB-81-142) - Marqaret Goodwille Laurent - On November 5, 1981, staff signed an exempt plat which created this parcel. COMPREHENSIVE PLAN: This site is located in Rural Area I, adjacent to a designated growth area, and within the South Rivanna Reservoir watershed. The property is within the Albemarle County Service Authority jurisdictional area map showing Parcel 4 for water service only. STAFF COMMENT: The applicant proposes a total of about 9,900 square feet of building for church use only. The sketch plan shows an additional 1,200 square feet reserved for day care. Staff has identified a total of eight new churches requiring site plans that have been approved since 1980. None of these proposals involved a church complex of four buildings. These facilities averaged 1,083 square feet of floor area per acre while this proposal will average 2,220 square feet of floor area per acre. Staff has identified a total of three non-growth area churches in the watersupply watershed approved under current special use permit provisions. There is a swale on this property and a building/septic setback from an off-site spring. The Water Resource Manager has visited the site. After initial review, he stated: "The applicant has indicated that the spring-fed stream originates off the property and has drawn the building and septic setback from the point at which the spring is evident by surface discharge. The soils report identifies an area of mottled soils in the northwest portion of the parcel. This mottling is the result of soil saturation or wetness. I have concerns about the proximity of the new two story sanctuary to this area and potential drainage problems. The applicant should ensure that this area does not meet federal criteria as wetlands". At this time, these comments are advisory as to site conditions. The Water Resources manager has since reviewed the concept plan #2 (see Attachment D). He notes this is a substantial improvement and it appears possible to accommodate the proposed use with appropriate watershed management techniques. This site contains a private waterline easement serving Parcel 4A. The property owner of Parcel 4A has contacted the Planning Department regarding this easement. The applicant has verbally stated he can accommodate the easement and has shown'it on the sketch. The affected property owner has reviewed this sketch, contacted the church, and is agreeable to work with the Church during site plan review. Should the applicant choose to pursue relocating this waterline, he must obtain the affected property owner's permission prior to submittal of a site plan. The Health Department has reviewed this request (see Attachment E). Given the site constraints, as well as Health Department comments, staff will recommend Planning Commission approval of site plan as a condition of this special use permit. During its review of SP-91-71, the Planning Commission deleted recommended condition one which limited adult education classes to three per week at 20 people per class. After the meeting, staff met with the Health Department who expressed concern that this deletion may lead to over use of the septic fields which are reviewed by each use separately and by a per day capacity. Specifically, this system supporting the adult education has been reviewed on a maximum limit for twenty people per day. Should this condition be deleted, staff can not ensure that the facilities will be used as reviewed by the Health Department and as presented to the Board of Supervisors. Both the County's Transportation Planner and Virginia Department of Transportation have reviewed this request (see attachment F). In staff opinion, most church traffic will occur during non-peak hours and should not detrimentally affect Hydraulic Road. However, VDOT recommends implementation of a right turn lane because of the ultimate size of the day care which can be expected to generate traffic during peak hours. Discussions with VDOT indicate this lane should not be needed after the Hydraulic Road widening project and,-if the applicant limits the number of day care children to no more than ten (10) prior to the widening project, the turn lane will not be necessary. The applicant has agreed to reservation of additional right-of-way for the Hydraulic Road widening. Last year, during review of the Covenant Church, staff expressed concern that the Covenant Church was an "urban" scale church located in a rural area, but adjacent to a growth area and intended to primarily serve urban populations. Staff opinion is that the Unity Church proposal (although smaller than the 800 seat capacity of Covenant) is similar in its service characteristics and is more appropriate to an urban area where public utilities are available (Public sewer is not available to this site). Staff has reviewed this special use permit for compliance with Section 31.2.4.1 of the Zoning Ordinance: That such use will not be of substantial detriment to adjacent property nor chanqe the character of the district. Staff has identified one watersupply watershed church adjacent to a growth area approved under current special use permit provisions (SP-82-64), Lambs Road Baptist Church. This church is also located within 500 feet of the proposed 4 Unity Church. The area of land disturbance for Lambs Road Church and this proposal are similar. During review of SP-82-64 staff stated: "Except in regard to reservoir protection, Rural Area zoning does not appear particularly suitable to this property given surrounding development. Absent church ownership, staff would expect requests for some rural area usage of a comparable or more intensive nature (i.e. county store, public garage, private school, day care center)". This church is similar to the Lambs Road Church, except for the day care component. Generally, commercial activities in the Rural Area have been limited to those directly related to agriculture and those which provide support services to the rural population. Typically, staff has avoided locating commercial activities, such as a day care, in the Rural Area in close proximity to designated growth areas. Staff opinion is that although this proposal encompasses a day care, it is accessory to the main church use due to size and should not be interpreted to promote commercial activities in this district. Staff opinion is that the church/day care will not be of substantial detriment to adjacent property due to the nature of neighboring development. However establishing a pattern of permitting urban-oriented uses on growth area fringes could eventually change the character of the rural areas adjacent to growth areas. The use will be in harmony with the p~rpose and intent of this ordinance, with additional requlations provided in section 5.0, and with the public health, safety and welfare. This is a proposal for development in the South Rivanna watershed. However, a similar request within close proximity has been previously approved. It should be noted that uses allowed in the RA zone are intended to be accommodated without benefit of public utilities. G~ 'en this site's development Characteristics and the experienced ~endency for churches to become high activity centers, staff foresees the potential for future request for extension of public sewer to this site. From comments from the Site Review Committee, development of the site as proposed appears feasible from a health and safety standpoint. STAFF RECOMMENDATION: Staff opinion is that certain uses such as churches, day care, and schools contribute to the well-being and moral fiber of the community. Staff has expressed policy concerns (i.e. - watersupply watershed development, urban service characteristics and extension of public utilities). However, staff notes prior legislative decision to grant a similar use request within close proximity. Further, staff feels the day care as proposed will be of a scale that is accessory to the main church. Regarding issues of physical development, development of the site appears feasible as proposed. The applicant has agreed to reservation of right-of-way for improvements to Hydraulic Road. Staff recommends approval of SP-91-71 (church) and SP-92-09 (day care) subject to the following conditions: Recommended .Conditions of ADproval: SP-91-71 Unity Church Adult Education classes not incidental Sunday service shall not exceed three per week and shall not exceed 20 people per class; 2. The property may not be further divided; The interim sanctuary shall not exceed 150 person seating capacity and shall convert to a fellowship hall at issuance of a Certificate of Occupancy for the 300 seat sanctuary; Construction of the 300 seat sanctuary shall commence within four (4) years or approval for the new structure shall expire. Construction of the 150 seat sanctuary shall commence within two years of approval of the special use permit or approval for the structure shall be expire; There shall be only one residential dwelling on this property; 6. Planning Commission approval of site plan; Reservation of land for additional right-of-way to accommodate road improvements as outlined in VDOT letter dated January 16, 1992; Expansion of any use or construction not outlined in this approval shall require additional review and approval by the Board of Supervisors. SP-92-09 David Allen Day care shall not exceed 20 children or such lesser number as the Health Department may specify based on adequacy of the septic system; 2. Planning Commission approval of site plan; No such use shall operate without licensure by the Virginia Department of Welfare as a child care center. It shall be the responsibility of the owner/operator to transmit to the zoning administrator a copy of the original license and all renewals thereafter and to notify the zoning administrator of any license expiration~ suspension, or revocation within three (3) days of such event. Failure to do so shall be deemed willful noncompliance with the provisions of this ordinance; Periodic inspections of the premises shall be made by the Albemarle County fire official at this discretion. Failure to promptly admit the fire official for such inspection shall be deemed willful noncompliance with the provislons of this ordinance; These provisions are supplementary and nothing stated herein shall be deemed to preclude application of the requirements of the Virginia Department of Welfare, Virginia Department of Health, Virginia State Fire Marshal, or any other local, state or federal agency; Day care shall be limited to ten (10) children until completion of the Hydraulic Road widening. Should the applicant pursue a higher number of children prior to the completion of this road pro~ect, the applicant shall install a right turn lane as required by Virginia Department of Transportation. ATTACHMENTS: at B - C - D - E - F - Location Map Sketch Plan Letter outlining proposal Water Resource Manager Comments Health Department Comments Transportation (Virginia Department of Transportation) Comments LICK MOUNTAIN MTN. ., U 7 Page 1 ? SP-92-09 DAVID D. ALLEN isl. ~ Monl Jcello ALBEMARLE 45 COUNTY · ' Page ATTACH M ENT A CrTY OF' CHARLOTTESYILLE. SP-92-09 DAVID D. ALLEN / / / / / / / / / / / / / /. / / / OVLL~' / / / / / / . MAR 2 3 19.9°2 18 March 1992 PLANNING DEPT. MS. Yolanda Hipski !A]-FACHMENT Department of Planning & Community Development County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 RE: Special Use Permits Unity Church SP-91-7~ Unity Day Care SP-92-09 Dear Yolanda: Pursuant to your request, attached please find outlines of the proposed uses of the existing and proposed structures as shown on the preliminary concept plan currently under review in conjunction with the referenced special use permits. It is my understanding that these special use permit applications will be heard by the planning commission on April 6, 1992, and by the board of supervisors on May 13, 1992. Please feel free to contact me if you have any questions. Very truly yours, Susan Aitken Riddle, P.E. SAR/zan susan Aitken Riddle, P.E. 1006 East Jefferson Street Charlottesville, VA 22902 804-296-3293 Unity Church in Charlottesville PHASE I [ATTACH M ENT C1 Ex. Bldg..~ .1: Church Office Hours: Monday through Friday 9 a.m. to 5 p.m. Occupancy: 2 full time employees including the minister. Classes Hours: Three evenings per week (M-F) Occupancy: Approximately 10 persons 7 p.m. to 9 p.m. Ex. Bldg. ~ 2: Day Care Hours: Monday through Friday 7 a.m. to 6 p.m. Occupancy: 10 children (over 2-1/2), 1 fulltime employee. PHASE II Ex. Bldg. ~ 1: Church Office Hours: Monday through Friday 9 a.m. to 5 p.m. Occupancy: 2 full time employees including the minister. Ex. Bldq. ~ 2: Day Care Hours: Monday through Friday 7 a.m. to 6 p.m. Occupancy: I0 children (over 2-1/2), 1 fulltime employee. Sunday School Hours: Sunday Only 10 a.m. to 11 a.m. Occupancy: 15 children, 3 adults Prop. Bldg. ~ 3: Classes Hours: Three evenings per week (M-F) Occupancy: Approximately 10 persons Interim Sanctuary Hours: Sundays only Occupancy: 150 seats 7 p.m. to 9 p.m. Unity Church in Charlottesville IATTACHMENT C1 ~age 3~ PEASE III Ex. Bldq. ~ 1: .Church Office Hours: Monday through Friday 9 a.m. to 5 p.m. Occupancy: 2 full time employees including the minister. Ex. Bldq,~ ~ ~: Day Care Hours: Monday through Friday 7 a.m. to 6 p.m. Occupancy: 10 children (over 2-1/2), 1 fulltime employee. Sunday School Hours: Sunday Only 10 a.m. to 11 a.m. Occupancy: 15 children, 3 adults Prop. Bldq. ~ 3: Classes Hours: Three evenings per week (M-F) 7 p.m. to 9 p.m. Occupancy: Approximately 10 persons Fellowship Hall Hours: Sundays after church services once or twice per month Prop. Bldq. ~ 4: Permanent Sanctuary Hours: Sundays only Occupancy: 200 seats Unity Church in Charlottesville IATTACHMENT CI lpage 41 PHASE IV EX. Bldq. # 1: Reverts to an on-site residence. Ex. Bldq. ~ 2: Day Care Hours: Monday through Friday 7 a.m. to 6 p.m. Occupancy: 10 children (over 2-1/2), 1 fulltime employee. Prop. Bldq. ~ 3: Day Care Hours: Monday through Friday 7 a.m. to 6 p.m. Occupancy: 10 children (over 2-1/2), I fulltime employee. Fellowship/Social Hall Hours: Special events Sat. or Sun.,ie. wedding receptions Prop. Bldq. ~ 4: Church Office Hours: Monday through Friday 9 a.m. to 5 p.m. Occupancy: 2 full time employees including the minister. Permanent Sanctuary Hours: Sundays only Occupancy: 300 seats Fellowship Hall Hours: Sundays after church services once or twice per month Sunday School Hours: Sundays Only Occupancy: 25 children, 4 adults Classes Hours: Three evenings per week (M-F) Occupancy: Approximately 20 persons 7 p.m. to 9 p.m. OFFICE OF WATERSHED MANAGEMENT 401 McIN'TIRI. ROAD CHARLOI-rE.~VILLF-.. VIRGINIA 22901-4596 (~04) 296-5841 TO: FROM: DATE: RE: Yolanda Hipski, Planner J. W. Peyton Robertson, Jr., Water Resources Manager March 25, 1992 Unity Church - "Concept Plan #2" I have reviewed the revised sketch plan for Unity Church entitled "Concept Plan #2" and the accompanying letter from Susan Riddle dated March 22, 1992. This concept plan represents a substantial improvement over what was previously submitted. Total site development (especially parking) has been scaled back and oriented in such fashion as to concentrate development in appropriate portions of the site while preserving the northern corner as open space. This northern quadrant is particularly important for drainage and stormwater management as the headwaters of an intermittent tributary to the South Rivanna Reservoir. While I realize that this is a concept plan, it appears possible to accommodate the proposed use within the confines of the site if clustering of development along the road frontage and southern quadrant of the property is accomplished. Additional watershed management techniques can be incorporated at the time of site plan submittal. Please contact me if you have any questions or need additional information. wr92-44 · DNINNVld 'i ATTACHMENT E 1 IN COOPERATION WITM THE STATE OEPARTMENT OF HEALTH COMMONWEALTH of V R( IN A Thomas Jefferson Health District i138 Rose Hill Drive P. O. Box 7546 Charlottesville, Virginta 22906 (804) 972-6219 ALBEMARLE -- CHARLOTTESVILLE FLUVANNA COUNTY (PALMYRA] GREENE COUNTY (STANARDSVILLE] LOUISA COUNTY {LOUISA) NELSON COUNTY {LOVlNGSTON) April 1, 1992 Ms. Yolanda Hipski Albemarle County Planning Dept 401McIntire Road Charlottesville, VA 22901 RECEIVED APR 6 1992 PLANNING DEPT. Dear Yolanda- I have revqewed the latest site plan submittal for four phases planned for the Unity Church located on Hydraulic Road. It would appear that there are sufficient drainfield areas (existing or proposed) to support each phase, however, additional drainfield ditches must Oe Installed for Building ¢2 in order to meet requirements for Phase Please understand also that any drainfield which l:es under parking or driveway areas must be paved (asphalt or concrete). Specifics for newly constructed buildings (i.e. 300 seat sanctuary) will be addressed during each phase of development. I hope this will clarify this department's review of the above mentioned site plan, Should you wish to discuss any problems or questions regarding this matter, please do not hesitate to contact me at the Thomas Jefferson Health Department (972-6259). Si ncerel y, G. Stephen Ri ce, Environmental Health Specialist cc- Susan Riddle GSR./mrn VIRGINIA .... STAFF PERSON: JUANDIEGO R. TRAFFIC CALCULATION FOR UNITY CHURCH EXPANSION PLAN Land Use Church Classification and Size Sanctuary 4,200 sq. ft. Church, classrooms and offices 7,200 sq. ft. Church, classrooms and offices 7,200 sq. ft. ITE Trip Rate 36.63/1,000 sq. ft. Sunday 9.70/1,000 sq. ft. Saturday 9.32/1,000 sq. ft. Weekday 154 70 67 Day Care Day Care 20 children Weekday Peak a.m. 7:00-9:00 a.m. Peak p.m. 4:00-6:00 p.m. 4.65/per student 0.82/per student 0.83/per student 93 16 17 Residential Single Family Detached 9.55/per dwelling uni~ 10 TOTALS Total Church Total Daycare Total Residential 560 vehicle trips per week 465 vehicle trips per week 70 vehicle trips per week GRAND TOTAL 1,095 vehicle trips per week EXISTING TOTAL (Under RA Zoning) 2 dwelling units x 10 x 7 days = 140 vehicle trips per week Ronald $. Keeler Special Use Permits & Rezonings Page 3 January 16, 1992 Route 29 and the existing shrubbery restricts the sight distance to the west. Therefore, the Department recommends that both the northern entrance on Route 29 and the entrance on Route 866 be closed in conjunction with this request. At this stage it does not appear that additional right of way will be needed on this property for the Route 29 improuements, but it has not been determined whether any easements (possibly utility) will be needed and should that be necessary the Department .recommends they be dedicated or reserved. As part of the overall improvements to Route 29 an interchange at the intersection of Routes 29 and 866 was approved. There are no dates set for when this construction would occur and it is very likely that this entire site would be taken for the construction of the interchange. 5. SP-91-71 Unity Church in Charlottesville, Route 743 - Under the existing RA zoning the 5 acres could generate up to 20 VPD. There are no traffic generation figures for a church based on the number of seats, but this request would result in a significant increase in traffic from the current zoning. Route 743 is currently non-tolerable. This proper.ty is outside of the designated g.rowth area. The Department is developing plans for the improvement of this section of Route 743. The proposed right of way is approximately 50 feet or so from the existing centerline of Route 743. The.Department recommends that the necessary right of way and easements be dedicated or at least reserved. Once the plans are finalized the Department can then determine exactly what would be needed. As a minimum, a commercial entrance with adequate sight distance would be needed to serve this site. Sincerely, J. A. Assistant Resident Engineer- JAE/ldw IATTAC.HMENT FI [Page 31 Mr. Ronald S. Keeler Special Use Permits & Rezonings Page 2 March 23, 1992 4. SP-92-09 David D. Allen, Route 743 - This request is for a day care facility for up to 25 children which would result in a traffic increase of 125 VPD. Since the traffic generated by this request would occur during peak hours, the Department recommends a 200 foot long right turn lane and whatever taper length can be accommodated along the property frontage. Additional right of way would have to be dedicated at this time to accommodate this turn and taper lane. 5. SP-92-12 Ednam House Limited Partnership, Route 250 W. - This request for a realtor office would result in some increase in traffic. The existing entrance at Route 250 for this development is currently adequate. 6. SP-92-13 University of Virginia Real Estate Foundation, Route 29 B. - This request is to allow supporting commercial uses and research development activities in conjunction with ~3 above. This request should not result in traffic generations greater than what could be expected ~rom the current zoning. Sincerely, ~. ^. Echols Assistant Resident Engineer JAE/ldw cc: R. W. Ho~richter w/attach. ALBEMARLE COUNTY CODE ATTACHMENT H CHAPTER 18 ZONING SECTION 1 AUTHORITY, ESTABLISHMENT, PURPOSE AND'OFFICIAL ZONING MAP Sections: 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 AUTHORITY AND ENACTMENT AMENDMENT TO ADOPT EFFECTIVE DATE, REPEAL OF CONFLICTING ORDINANCES PURPOSE AND INTENT RELATION TO ENVIRONMENT RELATION TO COMPREHENSIVE PLAN OFFICIAL ZONING MAP CERTIFIED COPY, FILING APPLICATION FOR LAND USE PERMIT; PAYMENT OF DELINQUENT TAXES 1.1AUTHORITYANDENACTMENT This ordinance, to be cited as the Zoning Ordinance of Albemarle County, is hereby ordained, enacted and published by the Board of Supervisors of Albemarle County, Virginia, pursuant to the provisions of Title 15.2, Chapter 22, Article 7, Code of Virginia, 1950, and amendments thereto. 1.2 AMENDMENT TO ADOPT An ordinance to reenact and readopt the Albemarle County Zoning Ordinance and the Albemarle County Zoning Map. Be it ordained by the Board of Supervisors of Albemarle County, Virginia: That the following ordinance known as the Zoning Ordinance of Albemarle County, Virginia, together with the Zoning Map attached thereto, be and the same are, readopted and reenacted effective immediately upon adoption of this ordinance. 1.3 EFFECTIVE DATE, REPEAL OF CONFLICTING ORDINANCES This Zoning Ordinance of Albemarle County, Virginia, shall be effective at and after 5:15 P.M., the 10th day of December, 1980 and at the same time the Albemarle County "Zoning Ordinance" adopted December 22, 1969, as amended, is hereby repealed. 1.4 PURPOSE AND INTENT This ordinance, insofar as is practicable, is intended to be in accord with and to implement the Comprehensive Plan of Albemarle County adopted pursuant to the provisions of Title 15.2, Chapter 22, Article 3, Code of Virginia, 1950, as amended, and has the purposes and intent set forth in Title 15.2, Chapter 22, Article 7. As set forth in section 15.2-2200 of the Code, this ordinance ~s intended to improve public health, safety, convenience and welfare of citizens of Albemarle County, Virginia, and to plan for the future development of communities to the end that transportation systems be carefully planned; that new community centers be developed with adequate highway, utility, health, educational and 18-1-1 #5, 6-16-99 ~ILBEMARLE COUNTY CODE recreational facilities; that the needs of agriculture, industry and business be recognized in future growth; that residential areas be provided with healthy surroundings for family life; that agricultural and forestal land be preserved; and that the growth of the community be consonant with the efficient and economical use of public funds. (Added 9-9-92) Therefore be it ordained by the Board of Supervisors of Albemarle County, Virginia, for the purposes of promoting the health, safety, convenience and general welfare of the public and of planning for the future development of the community, that the zoning ordinance of Albemarle County, together with the official zoning map adopted by reference and declared to be a part of this ordinance, is designed: 1.4.1 To provide for adequate light, air, convenience of access and safety from frre, flood and other dangers; 1.4.2 To reduce or prevent congestion in the public streets; 1.4.3 To facilitate the creation of a convenient, attractive and harmonious community; 1.4.4 To facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements; 1.4.5 To protect against destruction of or encroachment upon historic areas; 1.4.6 To protect against one or more of the following: overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, or loss of life, health, or property from fire, flood, panic or other dangers; 1.4.7 To encourage economic developmem activities that provide desirable employment and enlarge the tax base; (Amended 9-9-92) 1.4.8 To provide for the preservation of agricultural and forestal lands and other lands of significance for the protection of the natural environment; (Amended 9-9-92) 1.4.9 To protect approach slopes and other safety areas of licensed airports, including United States government and military air facilities; (Added 11-1-89; Amended 9-9-92) 1.4.10 To include reasonable provisions, not inconsistent with the applicable state water quality standards to protect surface water and groundwater de£med in section 62.1-44.85(8) of the Code of Virginia; and (Added 11- 1-89; Amended 9-9-92) 1.4.11 To promote affordable housing. (Added 9-9-92) 1.5 RELATION TO ENVIRONMENT This ordinance is designed to treat lands which are similarly situated and environmentally similar m like manner with reasonable consideration for the existing use and character of properties, the Comprehensive Plan, the suitability of property for various uses, the trends of growth or change, the current and future land and water requirements of the community for various purposes as determined by population and economic studies and other studies, the transportation requirements of the community, and the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services; for the conservation of natural resources; and preservation of flood plains, the preservation of agricultural and forestal land, the conservation of properties and their values and the encouragement of the most appropriate use of land throughout the county. (Amended 11-1-89) 18-1-2 Zoning Supplement #5, 6-16-99 ALBEMARLE COUNTY CODE ~1.6 RELATION TO COMPREHENSIVE PLAN In drawing the zoning ordinance and districts with reasonable consideration of the Comprehensive Plan, it is a stated and express purpose of this zoning ordinance to create land use regulations which shall encourage the realization and implementation of the Comprehensive Plan. To this end: development is to be encouraged in Villages, Communities and the Urban Area; where services and utilities are available and where such development will not conflict with the agricultural/forestal or other rural objectives; and development is not to be encouraged in the Kural Areas which are to be devoted to preservation of agricultural and forestal lands and activities, water supply protection, and conservation of natural, scenic and historic resources and where only limited delivery of public services is intended. (Amended 11-1-89) 1.7 OFFICIAL ZONING MAP The unincorporated areas of Albemarle County, Virginia, are hereby divided into districts, as indicated on a set of map sheets entitled "Zoning Map of Albemarle County, Virginia" which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ordinance. The Zoning Map shall be identified by the signature or the attested signature of the Chairman of the Board of Supervisors, together with the date of adoption of this ordinance. The zoning administrator shall be responsible for maintaining the Zoning Map, which shall be located in his offices, together with the current zoning stares of land and water areas, buildings and other structures in the county. The zomng administrator shall be authorized to interpret the current zon/ng status of land and water areas, buildings and other structures in the county. No changes of any nature shall be made on said Zoning Map or any matter shown thereon except in conformity with the procedures and requirements of this ordinance. It shall be unlawful for any person to make unauthorized changes on the official Zoning Map. Violations of this provision shall be punishable as provided in section 37.0. 1.8 CERTIFIED COPY, FILING A certified copy of the Zoning Ordinance and Zoning Map of Albemarle County, Virginia, shall be filed in the office of the zoning administrator and in the office of the Clerk of the Circuit Court of Albemarle County, Virginia. 1.9 APPLICATION FOR LAND USE PERMIT; PAYMENT OF DELINQUENT TAXES Pr/or to initiation of the review of an application for a zoning map amendment, special use penn/t, variance or other land use permit, the zoning administrator shall require the applicant to produce satisfactory evidence that all delinquent real estate taxes owed to the County which have been properly assessed against the subject property have been paid. The applicable time periods for the review, recommendation and decision on an application for a land use permit shall be tolled until such evidence is received by the zoning administrator. 18-1-3 Zoning Supplement #5.6-16-99 tN COOPERATION WITH THE STATE DEPARTMENT OF HEALTH H~'{ ATTACItMENTI_ COMMONWEALTH of VIRQINIA Thomas Jefferson Health District 1138 Rose Hill Drive P.. O. Box 7546 Charlottesville, Virginia 22906 (804) 972-6219 ALBEMARLE ~ CHARLOTTESVILLE FLUVANNA COUNTY (PALMYRA) GREENE COUNTY ,'STANAROSVILLE LOUISA COUNTY (LOUISA NELSON CCUNTY (LOVINGSTON Hay 4, 1992 Ms. Yolanda Hipski, Planner Albemarle County Planning Dept 401Mclntire Road Charlottesvilqe, VA 22901 Dear Yolanda, As promised, I am writing you to clarify questions which have been raised relative to health department approvals for.preliminary site plans and in particular those relative to the Unity Church proposal (Route 743, Hydraulic Road, Tax MaD 61 Parcel ~). This de0artment, when evaluating proposed sites, must consider a number of factors relative to use of existing drainfields or prooosed drainfield sites. Water usages must be established and based on available drainfield area (existing or proposed), l~mits on particular use on each site may be set. What must be considered, too, is that no more than 1200 gallons of sewage may be distributed per acre without encroaching and impacting water tables. This department must make every attempt not to exceed mass drainfield limitations (i.e. maximum 1200 gallons/day/acre). Within these guidelines, I have tried to set limitations of water us.age for each of the Phases of the Unity Church' s3te plan. They are as follows- Phase I: Existinq Buildinq ~1: Maximum Water Use 300 gallons/day Office Use and Evening Classes for 15 Persons/day Existinq Build3nq ~2' Maximum use 250 gallons/day Day Care Center - 10 Children (25 gallons/day/child) Phase Existing Building Office Use Existing Building ~2: Day Care - 10 Children Pro.posed Building ¢3: 150 Seat Sanctuary & Sunday School Classes Monday-Friday - Max 20 Persons Maximum Water Usage - Buildings 2 and 3 - 500 gallons/day 2 ADDITIONAL DRAINFZELD DITCHES MUST BE INSTALLED Phase III: Existing Building Office Existing Building ~2 Day Care - 10 Children - Monday - Friday Sunday School - Sundays Proposed Building ¢3 Evening Classes Monday - Friday Maximum 20 people Because of drainfield limitations, WATER USAGE CAN NOT EXCEED 500 GPD (Day Care, Sanctuary, and Evening Classes) Proposed Buildin~ ~4 Permanent Sanctuary - Sundays Only Primary and Reserve Drainfietd Sites have been set aside. 600 gpd Phase IV Existing Buildin~ ¢1: Reverts back to residence - 2 Bedroom Maximum 300 gpd Existing Building ~2: And Existing Buildinq ~3: Day Care Center - Maximum 20 chilaren/day 2 Employees 500' gpd Usage Proposed Building ~4: Permanent Sanctuary - Sundays - 300 Seats Evening Classes - Monday - Friday - 30 Persons Maximum 900 gpd Usage Please be advised, also, that any area designated for marking or driveway which is located over drainfields must be paved with either asphalt or concrete (4" min.). I hope that his writing clarifies this demartments position relative to the Unity Church si%e. Should you need %o discuss this further with me, please feel free to contac% me at the Thomas Jeffers6n Health District (972-8259). Sincerely, G. Stephen Rice Environmental Health Specialist cc: Susan Riddle GSR/mrn ATTACHMENT j Juandiego Wade From: William Craun [bcruan@vdh.state.va.us] Sent: Tuesday, April 11,2000 4:49 PM To: jwade@albemarle.org Subject: Unity Church of Charlottesville Dear Hr, Wade, ! have reviewed the comments made by Gary Rice in 1992, regarding the Unity Church of Charlottesville. ! also understand there are no changes to the original plans other than decreasing the number of seats in the future church, from 300 to 160. The health department has a new method for determining the water useage of churches to accomodate for large gatherings such as weddings, funerals, and large dinners, etc. Therefore, it may be best if the church planners contact the health department to make sure they are not going to be over the 900 gpd peak flow limit that Gary Rice indicated in 1992. !n addition, ! do not know if any soil work was ever done on this site and, we would like to see a soils evaluation before any approval is granted. ! shall be happy to discuss this or related matter as required. Sincerely, William A Craun Environmental Health Specialist Sr. COMMISSIONER ATTACHMENT K COMMONWEALTH of V RG2[N A DEPARTMENT OF TRANSPORTATION 701 VDOT WAY CHARLO'I-FESVILLE, 22911 A. G. TUCKER RESIOENT ENGINEER March 8, 2000 March Public Hearing Submittals Mr. David Benish Dept. of Planning & Community Development 401 Mclntire Road Charlottesville, VA 22902 Dear Mr, Benish: · Please find our comments for the March public hearings listed below: SP-00-02 Unity. Church, Route 743 The inbound lane is currently 10' curb to curb. We recommend that the entrance be widened to at least 12' for better entry into the site. The site's existing mailbox lies within the sight distance tr/angle and restricts sight distance to the north. We recommend that this mailbox be moved back away from Hydraulic Road or relocated to the SW comer of the entrance .and away from the sight distance triangle. SP-00-03 Charlottesville Broadcasting, Route 631 No comment at this rime. If you have any questions or concerns, please advise before releasing to the applicants. Regards, April 25, 2000 COUNTY OF ALBEMARLE Department of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4035 Allison DeTuncq University of Virginia Community Credit Union 3300 Berkmar Dr Charlottesville, VA 22901 RE: SP-00-006 University of Virginia Community Credit Union SDP-00-018 University of Virginia Community Credit Union Tax Map 78, Parcel 20C Dear Ms. DeTuncq: The Albemarle County Planning Commission, at its meeting on April 18, 2000, took the following actions regarding the above noted petitions: SP-O0-O06 University of Virginia Community Credit Union - Recommended approval, by a vote of 6-1, to the Board of Supervisors. Please note that this approval is subject to the following conditions: Drive-through windows will be limited to four [4] (Three traditional and one ATM window). Screening shrubs shall be planted along the residential side of the parking area, (along Route 250). SDP-O0-018 University of Virginia Community Credit Union - Unanimously approved subject to the following conditions: The Planning Department shall not accept submittal of the final site plan for signature until tentative approvals for the following conditions have been obtained. The final site plan shall not be signed until the following conditions are met: Planning Department approval of: 1. Landscape plan. BOARD OF SUPERVISORS Page 2 April 25, 2000 bo Co Engineering Department approval to inClude: Provide a minimum storm sewer pipe diameter of 15 inches for maintenance purposes. [VDOT Drainage Manual, p.3-5, Policy]. This requirement does not extend to the six inch PVC pipes connecting the downspouts to the storm sewer. An erosion control plan, narrative and computations. [18-32.7.4.3., 17- 203] A completed application and fee for erosion control and stormwater management. [17-203, 17-303] Drainage computations. [18-32.7.4, Policy]' VDOT approval will also be required for final site plans that affect right-of-way. Albemarle County Service Authority approval to include: 1. Provide Service Authority general plan notes on the site plan. 2. Show the new water service line tapping into the 8" main before the gate valve for the blow-off assembly. Provide a 20' wide easement centered on the service line, outside of the proposed easement for the water main. The service line will be a direct tap into the water main and will not have a valve. 3. The water meter has been sized at 5/8" instead of 1" Building Code and Zoning Services approval to include: 1. Approval of Special Use Permit SP 00-06; once approved, please note the SP number on the plan. It may be necessary to note particular conditions from those actions. 2. Show the location of all outdoor lighting on the plan. [32.5.6 n] 3. Include a photometric plan on the site plan demonstrating that parking area luminaires are in compliance with 4.17.4 b. [32.6.6 j & 4.17.4 b] 4. Provide a description and photograph or diagram and show the location of each type of outdoor luminaire that emits 3,000 or more initial lumens. Please be aware that installation of such luminaires in the future that are not shown on this plan shall require an amendment to this plan.~ [32.6.6 j] 5. The final plan approval is subject to the issuance of a Certificate of Appropriateness from the Architectural Review Board. [30.6] Recordation of the subdivision plat. Page 3 April 25, 2000 Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on May '17, 2000 (special use permit only). Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Yadira Amarante Planner YA/jcf Cc: Ella Carey Amelia McCulley Jack Kelsey. Steve AIIshouse Bob Ball STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: Yadira Amarante April 18, 2000 May 17, 2000 (SP only) SDP 00-018 U.V.A. COMMUNITY CREDIT UNION PRELIMINARY SITE PLAN and SP 00-06 U.V.A COMMUNITY CREDIT UNION APPLICANT'S PROPOSAL: The applicant is proposing to construct a bank of approximately 4,430 square feet with four drive- through windows (three standard windows and one automatic teller). Attachment C is a reduced copy of the site plan. PETITION: SP 00-06 U.V.A. Community Credit Union University of Virginia Community Credit Union petitions the Board of Supervisors to issue a special use permit for drive-in windows [Sections 31.2.4 and 22.2.2.10 of the Zoning Ordinance] associated with a bank, to be constructed on 1.289 acres zoned PD-MC (Planned Development-Mixed Commercial) and EC (Entrance Corridor), (Attachment B). Property, described as Tax Map 78, Parcel 20C, is located on the southeast comer of the Route 250 (Richmond Road) and State Route 1117 (State Farm Boulevard) intersection (Attachment A). This site is located in the Rivanna Magisterial District and recommended for Office/Regional Service in Neighborhood 3. SDP 00-018 U.V.A. Community Credit Union Preliminary Site Plan Applicant seeks Planning Commission approval of a site plan to construct a branch bank with drive- through windows and an automated teller machine as described above. Applicant is also requesting waiver of Section 4.12:6.2 of the Zoning Ordinance, which prohibits one way circulation aisles in parking areas, and Section 4.12.6.5(C) of the Zoning Ordinance, which prohibits angled parking spaces. CHARACTER OF AREA: The property is located on the southeast comer of the Richmond Road (Route 250)/State Farm Boulevard (S.R. 1117) intersection (Attachment A). The site is adjacent to the Kroger Shopping Center, zoned PD-MC, across State Farm Boulevard to the west. To the southwest, also across State Farm Boulevard is commercial property zoned CO. State Farm Headquarters, zoned CO is adjacent to the south. Glenorchy Subdivision, a residential development, zoned R-l, and Westminster Canterbury, zoned PRD are across Route 250 to the north of the site. This site is vacant but is a portion of a much larger development, approximately 240 acres, named Peter Jefferson Place. There are currently two (2) buildings on the site. The site will use a secondary entrance (to be built) directly off of State Farm Boulevard. Two small creeks flow through the site but they are not FEMA [Federal Emergency Management Agency] registered. COMPREHENSIVE PLAN: This area is recommended for Office/Regional Service in Neighborhood 3. Banks are a listed use in Office/Regional Service Areas. This proposal is consistent with the Comprehensive Plan. PLANNING AND ZONING HISTORY: 1. SP 76-102 Worrell Newspapers, Inc.- Petition for an accessory dwelling. Approved 2/16/77. 2. SP 77-005 Worrell Newspapers, Inc. - Petition for a boarding house. Approved 3/16/77. 3. SDP 91-008 Addition to Offices for Worrell Investments Minor Amendment 4. SDP 91-063 Addition to Worrell Investment Co. Offices Minor Amendment 5. SDP 91-090 Addition to Worrell Investment Company Offices Minor Site Plan Amendment 6. SP 92-066 Worrell Land & Cattle Co. - Petition to allow residential and supporting commercial uses in the portion of the property zoned CO. Approved with no conditions by the .Board of Supervisors on 3/17/93. 7. ZMA 92-12 Worrell Land and Cattle Co. - Establishment of an application plan for 241 acres zoned PD-MC and CO and to rezone 1.7 acres from CO to PD-MC. The plan generally proposed 977,550 sq. ft. of office development, 145,000 sq. ft. of retail, 296 residential units and 85 acres of open Space all to be served by private roads. Approved with agreements by the Board of Supervisors on 3/17/93. 8. SP 93-018 Worrell Land & Cattle Co. - Petition for a Helistop. Denied 9/15/93. 9. SUB 93-050 Worrell Land & Cattle Company Exempt Plat - Signed 4/6/93 10. ZMA 96-03 Worrell Land & Cattle Co, - Amend Proffers of ZMA 92-12. Deferred 6/19/96. 11. SUB 98-xxx Lot 1 Peter Jefferson Place Exempt Plat - Signed 2/5/98 12. SDP 98-019 Peter Jefferson Place I Final Site Plan - Request to build a pump station. Signed 2/12/98. 13. SDP 98-057 Peter Jefferson Place Minor Amendment - Proposal to construct a pump statiOn. Signed 6/12/98. 14. SDP 98~135 Peter Jefferson Place I Porch Addition Minor Amendment - Proposal to add a patio. Signed 10/19/98. 15. SUB 99-025 Peter Jefferson Place -Signed 6/2/99 16. SDP 99-033 Peter Jefferson Place IV Preliminary Plan - Request to construct a 10,445 sq. ft. office building. Approved 5/5/99. 17. SDP 99-089 Peter Jefferson Place Phase I & II Final Site Plan - Request to construct two (2) 62,500 sq. ft. buildings. Signed 10/11/99. 18. SUB 99-193 Peter Jefferson Place Final Plat (Extension of Parkway) - Signed 9/17/99. 19. SUB 99-194 Peter Jefferson Place (Lot 3) Final Plat. Signed 9/17/99. 2 REASON FOR PLANNING COMMISSION REVIEW: The drive-in aspect of this proposal requires special use permit approval by the Board of Supervisors. In accord with Sections 4.12.6.2 and 4.12.6.5(C)of the Zoning Ordinance, the Commission must act on the applicant's request for a modification to allow one-way circulation and angled parking spaces. STAFF COMMENT: Staff will comment on the special use permit and site plan separately. SP 00-06 U.V.A. CommuniW Credit Union Recommendation: Staff has reviewed this request for compliance with the provisions of Section 31.2.4.1 of the Zoning Ordinance and recommends approval subject to conditions. Staff Analysis: Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance. The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property, Staff has identified the following two primary impacts to adjacent property associated with the use of drive-through windows and has determined that these impacts will not negatively affect other by- right uses: Headlights - Section 32.7.9.8.c. 1 of the Zoning Ordinance requires that all residential areas be screened from commercial development. However, because the residential areas adjacent to this site are across Route 250 to the north, it is more important, for safety reasons, to insure that screening be provided to diffuse the intensity of automobile headlights circulating through the site to the ATM location for travelers along Route 250. Staff recommends that the Commission make screening along Route 250 a condition of approval, (Condition 2). Traffic - It is anticipated that there will be a slight traffic increase associated with the proposed use in the adjacent commercial property lying to the west (the "Kroger" site). Staff speculates that users of the proposed bank will require services offered at the "Kroger" site and visa versa. Since both commercial sites will share mutual users with similar needs traffic should be contained within those areas and not seep into the residential areas to the north. On the other hand, users might be attracted to the Pantops Shopping Center (which lies to the west at the end of South Pantops Drive) increasing traffic on State Farm Boulevard and South Pantops Drive as opposed to getting onto Ronte 250. that the character of the district will not be changed thereby, The proposed site is located within an active commercial district. Banks and associated drive- throughs are consistent with other uses in the district. and that such use will be in harmony with the purpose and intent of this ordinance, Staff has reviewed this request for compliance of Section 1.4, Section 1.5, and Section 1.6 of the Zoning Ordinance and finds no conflict. with the uses permitted by right in the district, Staff has identified that the proposed drive-through is accessory to a by-right use and is in harmony with other by right uses located in this primarily commercial district. with additional regulations provided in Section 5.0 of this ordinance, Section 5.0 of the Zoning Ordinance provides no additional regulations. and with the public heakh, safety and general welfare. The Site Review Committee has identified no adverse affect on public health, safety, and general welfare. The Department of Engineering finds no major internal traffic circulation concerns with the proposed development (Attachment D). The Virginia Department of Transportation [VDOT], however, has identified several traffic concerns (Attachment E). The premise of their concerns is that the proposed use will generate "significantly more traffic" than the office use which was designated in this area (Foundation Campus, approx. 25 acres) on the application plan for Peter Jefferson Place. VDOT contends that the 'Drive-In Bank' will generate more daily and PM trips than was estimated in the 1992 traffic study. Staff will address each VDOT concern separately, (VDOT comments are in bold). 1. The southbound left turn lane along State Farm Boulevard at Hickman Drive (into Peter Jefferson Place IV) should be extended to 200' x 100'. In a letter dated March 10, 2000, (see Attachment F) and forwarded to VDOT on March 13, 2000, the "Developer" of Peter Jefferson Place, (Worrell Land and Cattle Company, LC), has agreed to extend the existing 100' x 100' left turn storage/taper lane. A traffic signal at State Farm Boulevard/Hickman Drive may be required to safely accommodate turning movements at some point in the future. It appears that Hurt Investment Co., with development along Hickman Drive west of State Farm Boulevard, is responsible for installation of a future traffic signal at this location when warranted. We recommend that the developer agree to dedicate adequate right of way, or grant easements, for future traffic signal equipment (loops, cabinet, poles) when warrants are met. In an effort to fairly distribute traffic signal costs among adjacent developments, we also recommend that future traffic signal installation be shared between both developers based on side street traffic levels when warrants are met. Notes should be added to the plans indicating these comments, Staff agrees that the Hickman/State Farm signal should be installed when warrants are met as agreed to in a recorded document known as the "four party agreement" dated September 21, 1999, paragraph A.3.h. However, this signal should not be installed before the 250/State Farm signal is installed. It is unlikely that the Hickman/State Farm intersection will warrant a signal before the 250/State Farm intersection. The "Developer" has agreed to dedicate adequate right of way, or grant easements, for future traffic signal equipment (loops, cabinet, poles) when warrants are met. They will add this agreement as a note to the road plans submitted to VDOT and the Engineering Department. The "Developer", in the letter dated March 10, 2000, item #3, last sentence, stated: "Worrell Land and Cattle Company, LC has agreed to pay its share of the cost of the traffic signal at the Route 250 East/State Farm Boulevard intersection and is ready to write the necessary check to get that signal installed as soon as possible." The "agreement" referenced is in the form of a letter which lists the pro-rata share of installing that signal. The letter, from Thomas Flynn of Wilbur Smith Associates, was distributed to Angela Tucker of VDOT, Hurt Investment Co., and Worrell Land & Cattle Co., LC approximately 3 to 5 years ago and stated that, when warranted, VDOT would pay 63%; Hurt would pay 18%; and Worrell would pay 19% of the signal installation. Staff recommends that VDOT instigate the signal installation, at the intersection of 250/State Farm, as soon as possible. Future internal roadway intersections and entrances along Peter Jefferson Place, including the "future east/west access" road, other proposed internal roads, and future retail site entrances, should be placed at least 600 feet from Route 250E (similar to Hickman Drive). The proposed "future east/west access" as indicated on this preliminary site plan would connect (directly or through future site parking area) with this existing Peter Jefferson Place entrance within about 150' of Route 250E. U.V.A. Community Credit Union is not building the "future east/west access" road referred to on the plan and it is not part of the Special Use Permit or Site Development Plan requests. The applicant has agreed to remove reference of this "furore east/west access" road from the site plan. In the event that a traffic signal is installed at State Farm Boulevard/Hickman Drive, proximity to Route 250 will limit turn lane storage and likely require a SB double left turn lane from State Farm Boulevard into Hickman Drive (at Peter Jefferson IV). When Peak hour traffic counts or forecasts for inbound left turns reach 250 vehicles per hour, developer should agree to construct necessary improvement for double left turn lane into Hickman Drive or, with VDOT approval, extend storage length of single left turn lane. Notes reflecting these comments should be shown on plans. The "Developer" has agreed to construct necessary improvements for double left mm lanes into Hickman Drive (at Peter Jefferson IV) or, w/th VDOT approval, extend the storage length of a single left mm lane when Peak hour tratTlc counts or forecasts for inbound left tums reach 250 vehicles per hour. The "Developer" has agreed to add a note to this effect to the road plans (submitted to VDOT and Engineering Department). Summary: Staff has identified the following factors which are favorable to this request: 1. Consistent with the provisions of the Comprehensive Plan; 2. Consistent with Section 31.2.4.1 of the Zoning Ordinance. Staff has not identified any factors which are unfavorable to this request. Staff finds that the proposed use of drive-through windows is an acceptable and expected accessory to a bank. Recommended Action: Staff recommends approval of the proposed drive-through windows with conditions. Recommended Conditions of Approval: Drive-through windows will be limited to four [4] (Three traditional and one ATM window). Screening shrubs shall be planted along the residential side of the parking area, (along Route 250). SDP 00-018 U.V.A. Community Credit Union Preliminary Site Plan The Site Review Committee has reviewed this site plan and may grant approval subject to the Planning Commission waiver of Sections 4.12.6.2 and 4.12.6.5(C) of the Zoning Ordinance. Staff Analysis: The applicant is requesting a waiver for one-way internal circulation, due to the use of the drive- through windows, (Attachment G). Section 4.12.6.2 of the Zoning Ordinance states "One-way circulation aisles shall not be permitted, except that the commission may approve one-way circulation in such case where the same is necessitated by the peculiar character of the site or of the proposed use such as but not limited to uses involving drive,in windows and automobile laundries." The Site Review Committee has reviewed the applicant's proposal for installation and maintenance of control devices such as bypass lanes, signage, and pavement markings, and recommends approval of the internal one-way circulation waiver. The applicant is also requesting a waiver for angled parking spaces, (Attachment G). Due to the proposed one-way circulation leading into the area of the angled spaces, perpendicular parking could cause internal circulation conflicts. Section 4.12.6.5(C) states "...perpendicular parking shall be favored. Where practical considerations warrant, the commission may authorize other angled, curvilinear and/or parallel parking." The Site Review Committee has reviewed the applicant's proposal for traffic circulation and pavement makings, and recommends approval of the angled parking waiver. Recommended Action: Staff has reviewed this request for compliance with the provisions of the Zoning Ordinance and recommends approval of the preliminary site plan, internal circulation and angled parking waiver requests, subject to the following conditions: Recommended Conditions of Approval: The Planning Department shall not accept submittal of the final site plan for signature until tentative approvals for the following conditions have been obtained. The final site plan shall not be signed until the following conditions are met: Planning Department approval of: 1. Landscape plan. b. Engineering Department approval to include: 1. Provide a minimum storm sewer pipe diameter of 15 inches for maintenance 7 Co do purposes. [VDOT Drainage Manual, p.3-5, Policy]. This requirement does not extend to the six inch PVC pipes connecting the downspouts to the storm sewer. An erosion control plan, narrative and computations. [18-32.7.4.3, 17-203] A completed application and fee for erosion control and stormwater management. [17-203, 17-303] Drainage computations. [18-32.7.4, Policy] VDOT approval' will also be required for final site plans that affect right-of- way. Albemarle County Service Authority approval to include: 1. Provide Service Authority general plan notes on the site plan. 2. Show the new water service line tapping into the 8" main before the gate valve for the blow-off assembly. Provide a 20' wide easement centered on the service line, outside of the proposed easement for the water main. The service line will be a direct tap into the water main and will not have a valve. 3. The water meter has been sized at 5/8" instead of 1" Building Code and Zoning Services approval to include: 1. Approval of Special Use Permit SP 00-06; once approved, please note the SP number on the plan. It may be necessary to note particular conditions from those actions. 2. Show the location of all outdoor lighting on the plan. [32.5.6 n] 3. Include a photometric plan on the site plan demonstrating that parking area luminaires are in compliance with 4.17.4 b. [32.6.6 j & 4.17.4 b] 4. Provide a description and photograph or diagram and show the location of each type of outdoor luminaire that emits 3,000 or more initial lumens. Please be aware that installation of such luminaires in the future that are not shown on this plan shall require an amendment to this plan. [32.6.6 j] 5. The final plan approval is subject to the issuance of a Certificate of Appropriateness from the Architectural Review Board. [30.6] 6. Recordation of the subdivision plat. ATTACHMENTS: A - Location Map B - Tax Map C - Site Plan D - Engineering Comments E - V.D.O.T. Comments F - Worrell Land and Cattle Company, LC response to VDOT G - Applicant's Request For One-way Circulation and angled parking 8 I -- ,; ATTACHMENT A SP -00-006 University of Virginia Community Credit Union_ 5 792 ALBEMARLE COUNTY 62 57 ATTACHMENT B SP -00-006 Universi~ of Vireinia CommuniW Credit Union_ 77 4~ MONTICELLO i SGOTTSVILLE AND RIVANNA -DISTRICTS scc SECTION ATTACI / COMMUNI~ CREDIT :HMENT C OF 2 PAGE 2 OF: ,,'--.. ~ '-.~ ,:~. ~ .~,~ ~ ~ '-~ /: "-'-.~ '%. ~ ~'-." , ~'~ "-. ' _ .. ~ ~ ~ ~~" ...~'/~. , ~ .. ~..~. ~..'. I ~_.' ,. ~( ~- , ,, ..'/..-" ...-... ,~', /~ /' // .." "~ ..';.'..'" A',>, ~., ..~,, A.~ ' ,~ ~,....,,~ ~,......, ~ COMMUNITY CREDIT UNION ~- ..... ~ ~be~le County. Vir~nia ATTACHMENT D Albemarle County Development Departments SDP-2000-018 S P I N S u b m issio n a n d C o rn rn ents University of Virginia Community Credit Union Engineering revised prel. site plan revision 2 reviewer received reviewed decision Jeff Thomas 3/23/00 3/31/00 approved with conditions The revised preliminary site plan submittal for the Peter Jefferson Place Phase IV Upland office building received on March 23~ 2000 has been reviewed. The Engineering Department recommends approval with the following condition, which can be addressed with the final site plan. 1. Provide a minimum storm sewer pipe diameter of 15 inches for maintenance purposes. [VDOT Drainage Manual, p.3-5, Policy] This requirement does not extend to the six inch PVC pipes connecting the downspouts to the storm sewer. The following items must be submitted with the final site plan for review by the Engineering Department. A. An erosion control plan, narrative and computations. [18-32.7.4.3, 17-203] B. A completed application and fee for erosion control and stormwater management. [17-203, 17-303] C. Drainage computations. [18-32.7.4, Policy] VDOT approval will also be required for final site plans that affect rig ht-of-way. 4/5/00 03:56 PM Page 1 of 1 COMMISSIONER REC;!VED ATTACHMENT E pLANNING AND COMMO~Ez~L'~r-~ Of ~/~'~RGI~I~'IUhi f'Y 2~EVELOPMENT DEPARTMENT OF TRANSPORTATION 701 VDOT WAY CHARLO'i-I'ESVILLE. 22911 A. G. TUCKER RESIDENT ENGINEER April 3, 2000 April Public Hearing Submittals Mr. David Benish Dept. of Planning & Community Development 401 Mclntire Road Charlottesville, VA 22902 Dear Mr. Benish: Please find our comments for the April public hearings listed below: SP-00-004 Forest Lakes Veterinary, Clinic, Route 29N Attached is most recent Route 29 widening plans (Field Inspection Plans, 2/9/00) in the vicinity of this site. SP-00-005 Trinitw Presbyterian Church. Route 702 The site entrance is abandoned section of Route 29. Stop sign should remain at entrance onto Route 702. ~"-00-006 University of Virginia Community Credit Union. Route 250E With this SP application, the proposed UVA credit union development will generate significantly more traffic than the office use previously designated for this portion of Peter Jefferson Place (area D, Foundation Campus). Using ITE Trip Generation 6t~ Edition trip rates, this credit union facility (ITE # 912, Drive4n Bank) will generate more daily trips (1645 veh / day) and PM Peak Hour trips (..5~ veh / hr) than the whole Foundation Campus area (25+ acres) as estimated in the previous WSA traffic study. Due to this significant traffic increase from this proposed Credit Union site, and the resulting impacts on State Farm Boulevard and it's intersection with Hickman Drive, we have the following comments: l. The southbound left turn lane along State Farm Boulevard at Hickman Drive (into Peter Jefferson Place IV) should be extended to 200' x 100' (currently 100' x 100' storage / taper). Mr. David Benish April Public Hearing Submittals ATTACHMENT E Page 2 April 3, 2000 A traffic signal at State Farm Boulevard / Hickman Drive may be required to safely accommodate turning movements at some point in the future. It appears that Hurt InvesUnent Co., with development along Hickman Drive west of State Farm Boulevard, is responsible for installation of a future traffic signal at this location when warranted. We recommend that the developer agree to dedicate adequate right of way, or grant easements, for future traffic signal equipment (loops, cabinet, poles) when warrants are met. In an effort to fairly distribute traffic signal costs among adjacent developments, we also recommend that furore traffic signal installation be shared between both developers based on side street traffic levels when warrants are met. Notes should be added to the plans indicating these comments. Future internal roadway intersections and entrances along Peter Jefferson Place, including the "future east / west access" road, other proposed internal roads, and future retail site entrances, should be placed at least 600 feet from Route 250E (similar to Hickman Drive). The proposed "future east / west access" as indicated on this preliminary site plan would connect (directly or through future site parking area) with this existing Peter Jefferson Place entrance within about 150' of Route 250E. In the event that a traffic signal is installed at State Farm Boulevard / Hickman Drive, proximity to Route 250 will limit turn lane storage and likely require a SB double left turn lane from State Farm Boulevard into Hickman Drive (at Peter Jefferson IV). When peak hour traffic counts or forecasts for inbound left turns reach 250 vehicles per hour, developer should agree to construct necessary improvements for double left turn lane into Hickman Drive or, with VDOT approval, extend storage length of single left turn lane. Notes reflecting these comments should be shown on plans. SP-00-007 Church of the Cross. Route 1670 The church entrance should align with Aspenwood Road (Route 1686). Due to the large size of the proposed church, a I00' x 100' left turn lane should be installed at the church entrance. The existing entrance to the house should be closed and removed. SP-00-008 Blue Ridge Garden Market - Country Store~ Route 250E We recommend that this site have one entrance, but two entrances will be allowed that meet commercial entrance standards in this situation of rebuilding burned down facility. The remainder of Route 250 frontage must be blocked by CG-3 or similar curb. Access to adjacent white house to east, which appears to be a separate parcel but under same ownership, should continue to occur through this site. For safety reasons, we recommend a right turn lane / taper into the site. SP-00-009 Blue Ridge Garden Market - Outdoor Storage, Route 250E In addition to above comments for SP-00-008, outdoor display should not be in Route 250 ROW. ...... . ..... ~I~H~... q£ 5¢1x 077 c,~L; --.- ATTACHMENTF r:,"',<.? :}FF'!CE BOX 5380 CHARLOTTESVILLE 'VfRG[NI.& ~'~;,~,q =~" ~ .... " . . ' ' March 10, 2000 Ms. Yadira Amarante, Planner County of Albemarle Department of Planning and Community Development 401 Mclntire Road Charlottesville, Virginia 22902-4596 SDP 00-018 University of Virginia Community Credit Union Preliminary, Site Plan Dear Ms. Amarante: This letter is to respond to the Virginia Department of Transportation's comments in their letter dated March 6, 2000 on the above referenced preliminary site plan. As background, this site plan is the only "retail" use that will be accessed from the State Farm Boulevard/Hickman Drive intersection. All other uses using this intersection will be office type uses generating significantly less traffic than any retail use. A review of the site and its topography shows that this portion of the property is unsuitable for anything but office type use as shown in the approved Application Plan, and any change from that Application Plan would require a rezoning. 1. Worrell Land and Cattle Company, LC agrees to extend the existing 100' x 100' storage/taper lane to a 200' x 100' storage/tape lane at its own cost. 2. Worrell Land and Cattle Company, LC has included language concerning the installation of traffic signals at State Farm Boulevard/Hickman Drive in its Peter Jefferson Lane plans dated February 18, 2000 on sheet 5 of 7, Note 1. This language has already been agreed with VDOT. We do not think that traffic from our development at this intersection will ever warrant a traffic signal. The vast majority of the traffic exiting our property at this intersection will be turning fight and even at full build-out of Peter Jefferson Place the northbound traffic on State Farm Boulevard will .have sufficient openings to allow left turns from State Farm Boulevard into our entrance. A more likely scenario is that this signal may be warranted based on traffic generated by Dr. Hurt's development on the west side of State Farm Boulevard. If this is the case Dr. Hurt, by an agreement dated September 21, 1999, Paragraph A.3.h., has agreed to pay for the cost of the traffic signal. RECEIVED Planning Dept, ATTACHMENT F Ms. Yadira Amarante March 10, 2000 Page two 3. In the event that either the State Farm Boulevard/Hiekman Drive intersection or Route 250 East/State Farm Boulevard intersection fall below LOS C, the solution is to install the traffic signals at those intersections, not to provide circuitous internal access to another unsignalized entrance on Route 250. Worrell Land and Cattle Company, LC has agreed to pay its share of the cost of the traffic signal at the Route 250 East/State Farm Boulevard intersection and is ready to write the necessary cheek to get that signal installed as soon as possible. 4. The future East/West access shown on the plans is intended to tie into the future retail area accessed at the existing Peter Jefferson Place entrance. If this road is ever built, it will tie into the parking lots for this retail area. 5. We do not think a double left mrn lane is necessary at the State Farm ~'~Boulevard/Hickman Drive entrance. Based on VDOT's numbers in the schedule attached to their letter, the peak PM turning movements into our entrance is 143 vehicles per hour. Assuming a traffic light with a 90 gecond cycle, there would be 40 cycles per hour, each averaging 3.58 vehicles. Given that we have agreed to extend the mm lane to 200 feet, the extended turn lane will hold approximately 3 times the average number of vehicles turning per cycle. Under these circumstances we do not think a double left turn lane can be justified. Should you have any questions please do not hesitate to call me. Sincerely, Andrew J. Dracopoli Vice President AJD:dtb Alison DeTuncq ATTACHMENT G HBE Financial Facilities Division of HBE Corporation. 11330 Olive Blvd., St. Louis, Missouri 63141 (314) 567-9000 Fax: (314) 567-0602 www. hbecorp corn/financial March 15, 2000 Ms. Yadira Amarante, Planner County of Albermarle Department of Planning & Community Development 401 Meintire Road, Room 227 Charlottesville, Virginia 22902-4596 RECEIVED PLANNING AND COMMUNITY DEVELOPMENT RE SDP-00-18 Peter Jefferson Place - University of Virginia Community Credit Union Preliminary Site Plan Dear Ms. Amarante: We are requesting that the Planning Commission approve the one way traffic flow through the drive- ups of this project. Per Albemarle County Code 4.12.6.2 drive-up windows are one of the listed exceptions to the no one-way circulation aisles restriction and we have met the requirements of a bypass lane, signage and pavement markings. It should be noted that even though there is only one way into the parking areas there is two ways of exiting for the majority of the parking and that providing two way traffic flow on the drive-up side of the building would be very hazardous and would cause many accidents. We are also requesting the Planning Commission approve the seven angled employee parking spaces that are adjacent to the drive-up lanes per Albemarle County Code 4.12.6.5.c. These spaces are angled to allow easier entrance and exit due to the one way traffic flow through the drive-up lanes. As these are employee parking spaces, the cars entering and exiting will be typically before or after the working hours of the Credit Union and will not interfere with the drive-up traffic. Thank you for your consideration of these issues. Sincerely, HBE FINANCIAL FACILITIES Donald E. Pickens Vice President - Project Development cc: Ms. Alison DeTuncq - Univ. of VA Community Credit Union Mr. Andrew Dracopoli - Worrell Investment Company April 26, 2000 COUNTY OF ALBEMARLE Department of Planning & Community Development 401 M¢Intire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4012 David Atwell 8510 Dick Woods Road Afton, VA 22920 RE: SP-00-008 Blue Ridge Garden Market- Country Store SP-00-009 Blue Ridge Garden Market - Outdoor Storage TaxMap 71, Parcel 4A1 Dear Mr. Atwell: The Albemarle County Planning Commission, at its meeting on April 25, 2000, unanimously recommended approval of the above-noted petitions to the Board of Supervisors. SP-00-008 Blue Ridge Garden Market- Country Store - Recommended approval subject to the following conditions: 1. The area of the ground floor shall not exceed 4000 square feet. 2. The area of the second story shall not exceed 1300 square feet. The second story area shall be clearly delineated on the plan. 3. The building must be shifted or property boundaries must be adjusted to meet setback requirements. If property boundaries will be adjusted, an approved plat showing the adjustment is required. 4. Health Department approval is required for this site. 5. Use shall not commence until a Certificate of Appropriateness is issued by the ARB for this proposal. SP-00-009 Blue Ridge Garden Market- Outdoor Storage - Recommended approval subject to the following conditions: 1. Items for display shall include only produce, plants, flowers, and other similar items typically displayed at farm stands. 2. Items shall be displayed only in the areas indicated for display on the plan labeled "Blue Ridge Garden Market: Proposed Development." 3. Use shall not commence until a Certificate of Appropriateness is issued by the ARB for this proposal. P~ge 2 April 26, 2000 Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on May '!7, 2000. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days .~rior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Margaret M. Pickart Design Planner MMP/icf Cc: Ella Carey Amelia McCulley Jack Kelsey Steve AIIshouse Bob Ball STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: Margaret Pickart April 25, 2000 May 17, 2000 SP-99-008 BLUE RIDGE GARDEN MARKET SPECIAL USE PERMIT - COUNTRY STORE SP-99-009 BLUE RIDGE GARDEN MARKET SPECIAL USE PERMIT -- OUTDOOR DISPLAY Applicant's Proposal: The applicant proposes to rebuild the Blue Ridge Garden Market, which burned on October 26, 1999. Rather than rebuild the non-conforming structure exactly as it existed (Attachment C), which is permitted without meeting any new regulations, the applicant wants to improve the property. Proposed improvements include an expansion of the total building area from 3514 square feet to 4359 square feet (Attachments D, E, F). This expanded use requires a special use permit for a country store. The applicant also plans to display produce and farm goods at this property. There is no planned expansion of this outdoor display use, but the applicant is requesting the special use permit for outdoor display to bring this use into conformance. Petition.: Request for special use permit to reestablish a country store in accordance with Section 10.2.2.22 of the Zoning Ordinance, which allows for country stores in the Rural Areas District; and for a special use permit to allow outdoor display in the Entrance Corridors in accordance with Section 30.6.3.2.b of the Zoning Ordinance, which allows for outdoor storage, display and/or sales visible from an EC street. The property, described as Tax Map 71, parcel 4al, contains .68 acres, and is located in the Samuel Miller Magisterial District on the south side of Rockfish Gap Turnpike [Route #250 West] approximately iA mile west of the intersection with 1-64. The property is zoned RA Rural Areas and EC Entrance Corridor.' The Comprehensive Plan designates this property as Rural Area 3. Character of the Area: This site, located in a rural area, contains the remains of the burned country store/farm stand. (See Attachments A and B.) A residence is situated immediately to the east. Additional residences are situated down a steep slope to the south. Another farm stand is situated on the south side of the road, a short distance to the west. RECOMMENDATION: Staff has reviewed this request for compliance with the provisions of the Comprehensive Plan and Zoning Ordinance Sections 31.2.4.1, 30.6.3.2.b, 10.2.2.22, and recommends approval of SP 2000-008 and SP 2000- 009, subject to conditions. Planning and Zoning History: 9/28/99: Zoning Clearance issued for Blue Ridge Garden Market. 4/3/2000: ARB-P(BP)2000-03: Architectural Review Board reviewed the application for a Special Use Permit for outdoor sale/display in the EC and conducted a preliminary review of the building permit for the proposed structure..The ARB recommended approval of the SP with conditions and offered comments for the benefit of the applicant's final submission, as follows. (Also see Attachment G). The ARB voted unanimously to recommend approval of the Special Use Permit for outdoor display to the Planning Commission, with the following conditions: 1. Items for disPlay shall include only produce and other similar items typically displayed at farm stands; and 2. Items shall be displayed only in the areas indicated for display on the plan. The ARB also offered the following comments for the benefit of the applicant's final submission: 1. Provide a dumpster screen that coordinates with the appearance of the building. 2. All new lighting shall be fully shielded and subject to ARB review. 3. Provided final building elevations for ARB review. Comprehensive Plan: The Comprehensive Plan shows this property as part of Rural Area 3. The applicant notes that although the parcel itself is not suited to agricultural production, the proposed country store use supports the Comprehensive Plan's goal of preserving the County's agricultural areas by mak/ng agricultural products available for purchase and fostering an awareness of agricultural production in the County. STAFF COMMENT: Staff will address each applicable provision of the Zoning Ordinance. Section 31.2.4.1 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 findin~ by the Board of Supervisors that such use will not be of substantial detriment to adjacent property, Although technically an intensification of use, this proposal actually provides an opportunity to improve site conditions. As such, it is considered an improvement as it relates to adjacent property and to Route 250 West, which is an Entrance Corridor. It is anticipated that the display of produce for sale will have no negative impact on the surrounding uses or on the site itself, due to the rural character of the area, and the facts that the use previously existed on site and that another farm stand is situated nearby. The applicant owns the adjacent parcels to the east and west. that the character of the district will not be changed thereby, The proposed use is the same as the previous use on site and to nearby uses. The character of the district would be enhanced by this proposal. The potential impact of the use on the character of the district has been addressed by the ARB. The ARB has recommended conditions of approval (Attachment G). Those conditions are incorporated into the recommended conditions of approval for the special use permits. and that such use will be in' harmony with the purpose and intent of this ordinance, Staffhas reviewed this request for compliance with the purpose and intent of the Zoning Ordinance and the EC Overlay District. The current proposal shows 3,059 square feet of retail area at the first floor, with an additional 1,184 square feet of covered porches at the front and sides of the building, and an additional 1,300 square feet of storage and office space at the second story. By Zoning Ordinance definition, the ground floor of a country store cannot exceed 4,000 square feet. (Porches are not included in this area.) By maintaining the 4,000 square foot.ground,floor limit, and by limiting the second story to the proposed 1,300 square feet, the proposed use will be in harmony with the purpose and intent of the ordinance. With the incorporation of the recommendations of the ARB for the outdoor display, and with the ARB approval of the final building and site design, this use would be in harmony with the purpose and intent of the overlay district. The ARB has conducted a preliminary review of the building and site design and had the following comments: 1. Provide a dumpster screen that coordinates with the appearance of the building. 2. All new lighting shall be fully shielded and subject to ARB review. 3. Provided final building elevations for ARB review. If a site plan is submitted, ARB review of the plan will be required. with the uses permitted by right in the district, The proposed display use will not restrict permitted uses on adjacent property. The proposed use is similar. to or compatible with other uses permitted by right in this district. with additional regulations provided in Section 5.0 of this ordinance, There are no additional regulations in Section 5.0 specifically addressing the country store or outdoor display USES. and with the public health, safe _ty and general welfare. VDOT has provided comment on this proposal (Attachment H) and is requiring the creation of a commercial entrance(s) and curbing along the remaining frontage. A right turn lane or taper has been recommended. With the required changes to the entrance, with the provision of adequate parking (see below), and with the limitation of outdoor display to those areas delineated on the plan, it is staff's opinion that the proposed use will have no negative impact on the public health, safety, or welfare. Entrance and parking issues are addressed in more detail below. It should be. noted that the applicant has indicated that the costs related to the creation of a site plan and a right turn lane/taper (if it becomes a requirement) may cause this proposal to be withdrawn and the non- conforming structure to be rebuilt without changes. (The applicant has provided photographs illustrating the sight distance available at the entrance to the property. They are included as Attachment J.) Section 30.6.3.2.b Outdoor display and sales in the Entrance Corridors requires a special use permit. However, the proposed display and sale is not considered an expansion of the previous non-conforming use. Consequently, the special permit is not technically required in this particular case. The applicant has requested the permit simply to bring the use into conformance. The proposed outdoor display will occur on the porch of the building (front and sides),'and in the areas between the porch and the parking spaces adjacent to the building. Displays will be seasonal and will include fruits, vegetables, plants, and other similar items typically displayed and sold at farm stands. Displays will occur on the ground, in wooden crates and baskets, and on tables and shelves. A portion of the display area may be grass. The Architectural Review Board has reviewed this request. Their action, which is included as Attachment G, recommended approval of the proposed use, subject to the following conditions: 1. Items for display shall include only produce and other similar items typically displayed at farm stands; and 2. Items shall be displayed only in the areas indicated for display on the plan. Staff opinion is that the use will have no negative impact on the district, will not interfere with the integrity of the EC, and the applicant has agreed to the ARB's conditions. Consequently, staff finds that this use is consistent with the intent of the Zoning Ordinance and the Comprehensive Plan, and staff recommends approval of SP-2000-09 subject to conditions. Section 10.2.2.22 Section 10.2.2.22 of the Zoning Ordinance allows for country stores in the Rural Areas district by Special Use Permit. The applicant is entitled to rebuild the non-conforming structure as it existed prior to burning. Instead, the applicant wishes to improve the property. Improvements include shifting the building back away from the road an additional 15 to 20 feet, creating a ground story of 3059 square feet in area (enclosed area, including a 15' x 15' walk-in cooler at the back of the building), adding covered porches on the sides and front of the first story of the building (approximately 1184 square feet), creating a second story of approximately 1300 square feet (for storage and office space to serve the store), and installing a septic drain field. Other changes include the moving of above-ground utilities under ground, the removal of chain link fence, and an overall improved appearance for the building. The proposed improvements are illustrated on the sketch plan labeled "Blue Ridge Garden Market - Proposed Development." (See Attachment D.) The shifting of the building further away from Route 250 will improve safety and will bring the site more into conformance with current front setback requirements. However, the shift brings the southwest corner (rear) of the building closer to the western property line, which makes the setback on this side less conforming. Making a setback less conforming is not permitted, so the apphcant must adjust theboundaries of the parcel to accommodate the building shift, or may shift the building further east. If the property boundaries will be adjusted to accommodate the building shift, an approved plat will be required before the SP can be exercised. It appears that shifting the building further east than is currently shown on the plan is feasible. The final building and property line locations must be shown on a revised plan. Entrances, Parking, and Site Plan Requirements The Zoning Department has determined that 20 spaces were previously available at this site. (See Attachment I.) At a total of 4,000 square feet, the proposed use would require 20 parking spaces. If the new building exceeds 4,000 square feet in area, the parking requirement will exceed 20 parking spaces, and a site plan will be required. (Paving requirements may also apply.)To meet the parking requirement, some parking spaces are provided on the adjacent parcel to the west. Consequently, the approval of an off-site parking waiver will be required. The applicant plans to delineate parking areas with landscape timbers, not with permanent curbing. As stated earlier in this report, VDOT has required the creation of a commercial entrance(s) and curbing (CG-3) along the remainder of the frontage at this site. VDOT has also recommended a right mm lane/taper. According to section 32.2.1 of the Zoning Ordinance, the VDOT entrance requirement requires that a site plan be submitted for this proposal. Consequently, an approved site plan will be required before the SP can be exercised. If an entrance to the site is provided on an adjacent parcel, an access easement will be required. SUMMARY: The applicant has applied for special use permits for a country store and for outdoor display in the Entrance Corridor. The applicant is entitled to rebuild the non-conforming structure exactly as it previously existed without meeting any new regulations, but the applicant wishes to improve the property, which requires changes to the non-conforming design. The special permit for outdoor display is not technically required, because there is no proposed expansion of that use. The ARB has reviewed the request and recommends approval of the SP for outdoor display, with conditions. The special permit for the country store is required because the applicant intends to increase the square footage of the building. The ARB has conducted a preliminary review of the building and site design. ARB comments were positive, and a final Certificate of Appropriateness from the ARB will be required. Any shifting of the proposed building that increases setback non-conformity will require a boundary adjustment and an approved plat; the applicant has the option of shifting the building to meet setback requirements. The revised entrance design that is required by VDOT and the parking proposed by the applicant will improve safety on site. These changes also require the approval of a site plan, a waiver for off-site parking and an access easement (depending on boundary adjustments). RECOMMENDED ACTION: Staff recommends approval of SP-2000-008 for a country store subject to the following conditions: 1. The area of the ground floor shall not exceed 4000 square feet. 2. The area of the second story shall not exceed 1300 square feet. The second story area shall be clearly delineated on the plan. 3. The building must be shifted or property boundaries must be adjusted to meet setback requirements. If property boundaries will be adjusted, an approved plat showing the adjustment is required. 4. Health Department approval is required for this site. 5. Use shall not commence until a Certificate of Appropriateness is issued by the ARB for this proposal. Staffrecommends approval of SP-2000-009 for outdoor display subject to the following conditions: 1. Items for display shall include only produce, plants, flowers, and other similar items typically displayed at farm stands. 2. Items shall be displayed only in the areas indicated for display on the plan labeled "Blue Ridge Garden Market: Proposed Development." 3. Use shall not commence until a Certificate of Appropriateness is issued by the ARB for this proposal. ATTACHMENTS: A - Location Map B - Tax Map C -Physical Survey Showing Existing Conditions D - Sketch Plan Illustrating Proposed Development E - Front Elevation of Proposed Country Store F- Side Elevation of Proposed Country Store G - Architectural Review Board Action Letter H ~- VDOT comments I - Zoning Department Comments J - Apphcant's Photographs Illustrating Sight Distance at Entrance To Property ,-% MouNIAIN c,",,. ~ a SP'00-008 Blue Ridge Garden Ma CASTLE ROCK TOM MOUNTAIN 80AZ MOUNTAIN .,,A TO ~'~OVINGS TON ./.. '.i L.J 6 C~m~ 4 ! 5 I ! I I 793, \ \ 9,3 IdlLLL~ ATTACHMENT B I03 SP-00-008 B! 3 6C 8 ,/ 'ri i $0 S$ g Oz · - m JI 8~tl I/..6tt~ :S'8 or4~£6z:t.og ~ VlNI~)t:IIA g g.UNS '~'N ',tS H,LI, ;I ! ~) ¥ 17- Z CC.C, I1'~ 4TH ST. N.F.. SUITE B CHARI.OTTESVII. J..E. VIRGINIA 22~2 BA: 804 293 ST'20 RS: 804 971 I438 ATTACHMENT G COUNTY OF ALBEMARLE Department of Planning & Community Development 401 Mclnfire Road, Room 218 Chaflotxesville. Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4012 April 6, 2000 David Atwell 8510 Dick Woods Road Alton, VA 22920 RE: ARB-P(BP)-2000-03 Blue Ridge Garden Market, Tax Map 71, Parcel 4Al Dear Mr. Atwell: The Albemarle County Architectural Review Board, at its meeting on April 3, 2000, completed a preliminary review of the above-noted request to rebuild, with modifications, the country store/produce market previously known as Morris' Fruit Stand, and to display produce for sale. The Board voted unanimously to recommend approval of the Special Use Permit to the' Planning Commission, with the following conditions: 1. Items for display shall include only produce and other similar items typically displayed at farm stands; and 2. Items shatl be displayed only in the areas indicated for display on the plan. The Board also offered the following comments for the benefit of the applicant's final submission for the Building Permit: 1. Provide a dumpster screen that coordinates with the appearance of the building. 2. All new lighting shal'[ be fully shielded and subject to ARB review. 3. Provide final building elevations for ARB review. Your application for final ARB review mav be made at your earliest convenience. Revised drawings addressing the comments listed above will be required. A submission and review schedule, an application, and a checklist are attached for your convenience. If you have any questions concerning any of the abo've, please feel free to call me. Sincerely, Margaret Pickart Design Planner MP/jcf Cc: File Mr. David Benish April Public Heating Submittals ATTACHMENT H April 3; 2-000 - A traffic signal at State Farm Boulevard / Hickman Drive may be required to safely accommodate turning movements at some point in the future. It appears that Hurt Investment Co., with development along Hickman Drive west of State Farm Boulevard, is responsible for installation of a future traffic signal at this location when warranted. We recommend that the developer agree to dedicate adequate right of way, or grant easements, for future traffic signal equipment (loops, cabinet, poles) when warrants are met. In an effort to fairly distribute traffic signal costs among adjacent developments, we also recommend that future traffic signal installation be shared between both developers based on side street traffic levels when warrants are met. Notes should be added to the plans indicating these comments. o Future internal roadway intersections and entrances along Peter Jefferson Place, including the "future east / west access" road, other proposed internal roads, and future retail site entrances, should be placed at least 600 feet from Route 250E (similar to Hickman Drive). The proposed "future east / west access" as indicated on this preliminary site plan would connect (directly or through future site parking area) with this existing Peter Jefferson Place entrance within about 150' of Route 250E. In the event that a traffic signal is installed at State Farm Boulevard / Hickman Drive, proximity to Route 250 will limit turn lane storage and likely require a SB double left turn lane from State Farm Boulevard into Hickman Drive (at Peter Jefferson IV). When peak hour traffic counts or forecasts for inbound left tums reach 250 vehicles per hour, developer should agree to construct necessary improvements for double left turn lane into Hickman Drive or, with VDOT approval, extend storage length of single left turn lane. Notes reflecting these comments should be shown on plans. SP-00-007 Church of the Cross~ Route 1670 The church entrance should align with Aspenwood Road (Route 1686). Due to the large size of the proposed church, a 100' x 100' left turn lane should be installed at the church entrance. The existing entrance to the house should be closed and removed. SP-00-008 Blue Ridge Garden Market- Country Store, Route 250E We recommend that this site have one entrance, but two entrances will be allowed that meet commercial entrance standards in this situation of rebuilding burned down facility. The remainder of Route 250 frontage must be blocked by CG-3 or similar curb. Access to adjacent white house to east, which appears to be a separate parcel but under same ownership, should continue to occur through this site. For safety reasons, we recommend a right turn lane / taper into the site. SPo00-009 Blue Ridge Garden Market - Outdoor Storage, Route 250E In addition to above comments for SP-00-008, outdoor display should not be in Route 250 ROW. Albemarle County Development Departments SPIN Submission and Comments Zoning ATTACHMENT I S P-2000-008 Blue Ridge Garden Market SP for country store revision 1 reviewer received reviewed decision Jan Sprinkle 2/22/00 4/12/00 Since this nonconforming country store was damaged as a result of a fire beyond the control of the owner, the structure may be reconstructed and the nonconforming use thereof continued, provided that such reconstruction shall be commenced within 12 months and completed within 24 months from the date of the damage; and provided further that the structure shall not be enlarged or expanded as part of the reconstruction. This SP is necessary to allow even the minor expansion desired by the owners - porches and 2nd story offices where there was only storage previously. At any time, the owners can revert to the nonconforming use and rebuild the structure, the same size as before the fire, without meeting any new regulations. Although this puts the county in an unusual position regarding approval/denial, it does give us an opportunity to gain some conformance without being onerous. Getting improved entrances or improved parking would definitely make the site safer for the traveling public, but requiring those to be shown on a full blown site plan may make the project unfeasible for these owners. If there is some corn promise position, such as allowing VDOT to handle the entrances on just their permit, perhaps we can accomplish our goal of improving safety while maintaining feasibility. Parking could be worked out by determining the required number based on a future building permit and then worked out by the owners and our zoning inspectors at the time of construction. The parking was previously not paved and can continue the same unless a site plan is required. The number of spaces that would have been required at the nonconforming country store size (3514sf) is 18. By calculation using a physical survey, it appears that 20 spaces could have been available at the site, albeit in the R/W. If VDOT is willing to let the parking continue in the P,/VV, the 20 spaces are sufficient to allow expansion of the strUcture to a total of 4000 gross sr..The applicant plans to move the building back on the parcel, which will move the parking farther from the travelway and possibly out of the R/W. By zoning ordinance definition, the ground floor of a country store is limited to a maximum of 4000 sf, including even a walk-in cooler. If the new building (including the second floor) permitted under this SP exceeds 4000 sf, the parking requirement will be increased beyond the 20 spaces previously available on the site, and a site plan will be required. Please have the maximum gross floor area stated as a condition of approval. 4/12/00 03:40 PM Page 1 of I ~,NT J COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Morgantown Road Closure SUBJECT/PROPOSAL/REQUEST: Staff's review of the VDOT policy cut-through policy for closure of the Morgantown Road at the intersection with Grassmere Road. STAFF CONTACT(S): Messrs. Tucker, Foley, Cilimberg,Benish,Wade AGENDA DATE: May 17, 2000 ACTION: × CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: Yes BACKGROUND: The residents of Morgantown Road (Route 738) between Grassmere Road (Rt. 679) and Route 250 are concerned about the speed and cut-through traffic on their section of Morgantown Road. Morgantown Road is located in the Ivy area of the County and is parallel to Route 250. The residents have been working with the County and VDOT to resolve these problems. DISCUSSION: VDOT has reCOmmended the County proceed with the VDOT Cut-Through Policy (Attachment A). The County has responsibilities it must complete before VDOT can begin their evaluation. Staff has listed the County's responsibilities with some comments on the enclosed attachment (Attachment B). RECOMMENDATION: Staff recommends that the Board of Supervisors allow staff to complete the cut-through policy evaluation and present a report in the Fall 2000. cc: Ms. Angela G. Tucker 00.095 04/25/00 13:20 FAX 540+829+7519 VDOT CULPEPER ~005 The purpose of these procedures is to provide clear guidelines for studying the issues of residential cut-through traffic and implementing the recommended remedial measures. COO~T~/TO~ To initiate these procedures, the county/town mus~: Identify ~h~ problem of residential cur-through ~raffic. Request, by resolution of =he local g~verning body, tha~ VDOT review and address possible solutions to the identified problem, This request is submitted to the local residen~ e~gineer, along with the following ~upport data. Data Requirements Fun=tional classification of the street(s) in question as a local reeiden~ial s~reet and its rela~ionship to the comprehensive plan. Identification o~ the primary use area, including all street~ that are a~cessed primarily by using the street(s) in question and the associated peripheral roadway networks. Also, include ~he functional classification and relationship to ~he comprehensive plan for all streets in the primary use area. verification by the count¥/tow~ that cut-~hrough ~raffic on ~he local resident£al etree~ to be s~udied ia 40% or more of the.to~al one h~ur, single direr=ion volume, and tha~ a minimum o~ 150 cut-through trips occur in one hour in'one direction. Acceptable planning technique~ may be used to ~etermine the amount of cu=-~hrough traffic. A to VDOT along with ~he vehicle volume data. Verification by the county/town that a petition outlining the perceived problem and signed by at leae~ 7~ ~ercent of the tota~ occuDled households within the primary use area .is valid. Paue 2 of 8 04/25/00 13:20 FAX 540+$29+7519 YDOT CULPEPER ~006 Identification of alternative routes for through traffic if travel is restricted on the street(s) in que~tiOn. suggested =hat the sup~o~ data requirements be collected in the above order am a means of S=reening documentin~ procedures for performing respon~ibilitise. If the eupp~r~ data requiremen=s are not met, =he process im te~mina=ed, sa=ap= as otherwise set forth herein. VDOT RESPONSIBILITIES It is the responsibility of VDOT to complete a study =he roadway network identified in =he formal request. This studywill be. conducted in the following fou~ phases: The resident engineer, upon receipe of the adored resolution, ~£1~ review and subm£= £t, along w£=h any ~e¢ommenda=£ons~ to the d~tric= adm£nietrato=. when the county/town submits a study request to VDOT. a fie~d meeting should be held between =he coon=y/town and v~OT staff. If a sim~le solution can be agreed upon a~ this meeting, an initiak s~udy or public ho~ringe may no~ be necess~. VDOT should implemen~ the solution and, following an after study, modif~ as needed. when =he solution is exper=edco generate a great deal of publ£c in~ecest or to Significantly impac~ ac=sea and traffic circulation, a task ~orc~ of represen~a=lves from V DOT, county/town board o~ As directed by the district administrator, the studies and =he evalua~ion of the coon=y/town include, but not necessarily be limited to~ __. 04/25/00 13:20 FAX 540+829+7519 VDOT CULPEPER ~007 Detailed traffic counts on existing affected s~ree=s and po=entially affected streets. Intersection analyses on =he proposed alternative route(s). (Residen=ial cut-through traffic controls can be imposed only if there are acceptable alternate routes). Identification of potential adverse safety facilities in light of the traffic analymlm. Speed analyses on affected street(s). Pedes~rian ci~culatio~ and safe~y analyses in the s~udy area. Subsequent =o completing the necessary traffic studies, =he dis=tic= traffic engineer will provide recommendations. These reco~endations will include alternatives for addre~sing re~lden=ial cut-through t~ implement the. alternatives and the impact of The appropriate alternatives'an~ advise the resident engineer, who will convey the findings and reco~a~endationm of VDOT to the =sun=y/town. If the loCal governinq body and thedistrict administrator fail =o agree on the~rsmedial measures to be implemented, the gove~nin~ body ~ay appeal to the co~monwealth T=ansDortmtion Co~iSmioner. The commonwealth Transportation Co~iseioner will analyze all the ~rting data and render a decision, which will be bl~ing. 04/~/00 13:21 FAX 540+829+7519 VDOT CULPEPER ~008 coux'~ l ~o~m /'nx~z JOIN~ The county~to~n, u~on receipt of the VDOT find£ngs and recon~endat£one, aha~l solicit and ~ece£ve written comments thereon from appropriate local transportation, and ac forth. & fo~al public hearing shall be held Jointly by v OCT and the county/t~wn ~o provide for citizen input on notice of ~he ~ublic hea~lng mu~ be provid~ by ~T VDOT publishing notice in a newspaper published in or having general circulation in the coun~¥/tow~ once a b~eek for two succegaive week~. county/Town post£ng notice of the proposed hearing at the front doe= of the courthouse of the county/town tan days prio~ =o the hearing. identifying,, by name and ~elephone number addrese~ an £ndividual to answer que~tion~ concerning the findings and recoe~uendatione. The county/town sha~l furnish the resident engineer a sFnopa£s and transcript of the public hearing and an approved re.oXution of the actions desired. iMi~LEI~NTJLTIO# Implementation of remedial meaau=e~ to ree~d¥ the residential cut-through situation shall be accomplished through the following sequencer The res£dent engineer shall notify the appropriate loca~ gove~ning body and me, ia of the action to be taken and of the estima=ed da~e of implementation. £dentif¥£nq, b~ name and ~elephOne number or address, an £nd£v£dual to answer questions concerning ~he pending action. The res£dent engineer will implement the remedial measures, some of which may be of temporary con~truction pending evaluation of their 'effectiveness. Page $ of 8 04/25/00 13:21 FAX 540+829+7519 VDOT ~ULPEPER ~009 Evaluation of the remedial meamuree ehal~ be accomplished ~fter =he remedial measures h&ve been in place fo= generally no= less =hah 30 days~ but not ~ore than re-study =he =oadw&y ~et~ork and convey his f£nd£ng. andany reco~enda~ione =o the distr£ct The district administrator will review the district Craffic engineer's repOrt and w~ll provide this =o ~he local governing body. If it i~ determined that the implemented remedial admin~s~rator may ~erminate such ~ea~uree and may cons£der a~erna=e measures, with no~ificat£on of local govern£n~ body ~aile to agree on the remedial Tran~r~a~io~ Co~i~ione~ ~i1 analyze a~l =hi suppling da~a and renders binding decision. If i~ is determined..that the implemented remed£al governing body will identify =h~ source of funding fo= any permanent cons=z-action, as needed. Remedial measures utilized on local residential streets that meet =he support d&~a requirements met forth above may be fully funded wi~h sta~e secondary roads funds with concurrence ~f the loca~ boards of mupervimors. 04/25/00 13:21 FAX 540+829+7519 VDOT CULPEPER ~010 CONTROL OF RESIdENtIAL CU~-THHOUGH T~FFIC FOR CRRTA~M COLLieR ROADS LO~ ~RZD~I~ S~TS' N~~Z~Q ~ ~SXD~ ~-~OU~B ~FZC 8~PORZ O~X ~QUX~S Some =cads, although officially classified aB cullector, recognized that each county or town,may have unique policy to meet all of those needs. Tho collector roads mentioned above may othe~'~isO qualify for re~ediaX ineligible under the current supp~c date requirements. VDOT w£11 therefore cooperate wi~h those counties and include certain collector roads provided an agreement £e reached be=ween VDOT ~nd the county/to,Il aB to the types of remedial measures and =he amount o£ VDOT fundin~ participation (up ~o s0 percent.of the cos~) prior t~ any individual study be£~ conducted. S~TS No~ MEETXN~ SUPPORT da~a requ£rements (e.g., insufficient cut-through traff£c), VDOT will cooI)erate with those coun=£es and towne who wish to pursue a more a~gressive program coun~y/to~ as ~o the =y~s of r~odial measures and the ~ount of ~ fundin~ pa~ticipatiOn (up =o 50 ~rcent of ~he cost} prior =o any indiv%dual 6tu~y being conduced. Prior to providing remedial measureu on individual collo~o= rgads and local reade no= mee=£ng ~es£den~£a~ cut-through ~raff£c support data =equ£rements, a Me~oFandum of Unde=stand£ng or H~morandum of Agreement ahal~ be negotiated and agreed upon between ~he loca~ government and the VDOT district 04/25/00 13:21 FAX 540+829+7519 VI)OT CULPEPER PROC~DU'R~ Traffic control techniques that do not conform w£tb national mtanda~d practices for the ~ype o~ road where excluded. Fo= example, a colleCto= 'toad ldent£fied for remedial meaJu=es can not.have speed hum~s £nstalled to discouraqe cesid~ntial cu~-throu~h ~'raf~£=. As a Jecond Once ~he Memorandum of UnderStanding has bean ne~oC£ated and agreed u~on, processes and procedures a~ outlined 04/25/00 13:21 FAX 540+829+7519 VDOT CULPEPER ~012 Final Report AN OPERATING GUIDE FO.R THE 'CONTROL OF RESIDENTIAL CUT'THROUGH TRAFFIC TWO-WAY GRID ONE-WAY MAZE B. H. COTTRELL, JR. Research Scientist 17, ZB. 20 & 24 VIRGINIA TRANSPORTATION RESEARCH COUNCIL 04/25/00 13:22 FAX 540+829+7519 VDOT CULPEPER ~013 CUT-T~O~H TRAFFIC C~'rROL existence, type, and scope of the difficult/es [ound., there are several possible areas of improvement that say be offered for alleviating cut-through traffic problems, l,~otential positive ~d.negl~tve ~mpaat~ should be ex~tn~ for each ~ut-~hrough traffic control con~ider~. O~' Particular concern Is the · The most effective cad productive method'of keeping through traffic off o! local and collector streets is to Improvedrivtn~ conditions on the arterials' (~). Before looking to put controls on the local residential streets, the traffic engineer.ShouXd first attempt to plan for iaproveeents on the prope~ alternate--the arterial street. 9hen there is a large voluaeof through traffii on local residential streets, the adequacy of the arterial street a~ySt~m~hould first .be analyzed. A capacity analyses should be IMrforued to measure: thelevel of se.ice on the arterial.street(s) being avoided. Other traffic studies should be conducted as needed, gxuples of problm l:~,.t:~' be., ~ound:-~vith arterial streets are 1. lackof an existing or~adequatearterial 2. Ieck of an identifiable arterial 3. traffic problems on th~ arterials o exclustve/pemis$ive left-tur~ signals o insufftcien~ turn lanes o nonexistent turn lanes o access to ujor 9slats of destination · change of traffic patterns. P,,ustve ~ntrols Passive traffic control devices srethose that use regulations, varniflgs, o~ similar methods to restrict vehicle movement. These devices include signs, traffic-signals; and pavement smrkings. Thet~ effectiveness depends on cooperation of the motorist CAd On afl egfSCtive l,vel of enforcement. The advantales of passive controls ere that thoy are generally inexpensive (excep~ £oz traffic sis~als), can be set ~ operate for liaited hours o~ the day, do not in~erfe~e signtfican~ly vith eaergeney vehicles, and a~e generally familiar 04/25/00 ..~,3:22 F__AX 540+829+7519 VDOT CULPEPER 014 compliance, are easy co lrflore, and, if used too extensively, tend to generate resentment and reduced .compliance vith trefflc control devices in general. P~gstve e,ontrols, arR. ri,sst, effecti.v.,e Afl ere, ss vh, ere genera! respect for all trat£ic' control.is high, vhere"'there is a reasonable resentment 0 , itions do not ex ere a turn prohibition is installed sad no reasonable (icon the driver's vievpoint) alternative exists, violations of the device c~n b~ expected (~). Passive traffic controls suitable for solvinf cut-throufh traffic problems ere as follovst "Turn :rohibitions involve the use of s~endard eno Right l~rn' or 'No ~vith or vithout peak hoUr 1imitations. These prohibit curninfnovenents onto residential streets, thereby reducing voluH*tThh arebast used st the erg he o~ s mai hborhood rather being elleeti{e only durin~ specific homrs of the day, ii desired. If shortcuttinf is oacutrtn$ only iG one o~ both peak rest~tctinS lurnsonly durin[ these ~l~s c~allov reaid~ts accessibtlityd~ri~.~th r~tflder o[ t~.day" (~), (Fi~vz. 1), ~hen:.useduanereevide system, are · one-vty~se" Sylten or · "limited lntzT" pitier11 can subst~tially discourse thcou~ traffic. ~~st~eetn ~ve ~he great adv~tage sE ~i~ i mt~dard control t~t lt~ll:lccipt~the public. ~ey also providi'uiflim~ iu~cl to ~rg~cy v~ieles that c~ mily ~d safely ~oli~e ~he si~ (~). tool. Rebidents ere likely to request uultivay stqp slime nors ~requintly tha~.lny other [om-of control. ~top si~s ute tho~ht of ~ u p~cu fo~ ~y trs~l~ Studies of usiM ~lttvw stop si~ u vol~ control dtvicus ahoy urrnt~ ~ the ~ul. of ~on.~r~f$c ~nt.rol ~vtce~ (~) (~), tultiuy'.stop si~ Uy ~eo~ider~. ~e'larfe~ ques~ arts~ in ~.~ o~ liability vh~ ~lti~y stop si~ control but not v~ranCed. Onvarrtnted tultivey stop sifn contcol not only inaludi~ ~uel Cons~ptton, ~d increase air ~llut~ta but also control devices. Hultivay stop at~ control should be used rich much 04/2~/00 ~3:22 FAX $40+829+7519 VDOT CULPEPER ~015 ~hysic~X 811 or selected traffic uovsuents, They have the ob~eCtive of breaking up the continuity of neighborhood streets to reduce.or-eliuinate their use as throush streets. Sy ~oFcinK vehicles to u4ke uany turning movements oF by. requirinl excessive travel throuEh an area, they reduce the attractiveness of these streets in teru of travel ttue, travel distance, and driver consort in couparisoa vith desi&m~ted arterial routes. A~thov~h not actually preventing the use of these streetS, physical controls tend to Bake travel through the nelihborhood~oredif~tcult. Physical' traftl~ controls suitable for solvtn~ cut-through traffic p~obleus are as EollOvs~ DiaRon4l div~rters (Figure 2) are barriers placed diagonally across four-legged intersection to, in e~fect, con~ert the intersection into tvs unconnected streets. Although both sections o~ the street ~eeain through streets to the extent thee they arc,open at both ends, they ars effectively removed from the&~t~ 'circulation pattern. leaving the streets open, access for service and eueriency v~hteles is still provid~l, Also, vehicles, particularly truc~s, (Fl~ura 3b) &~e couplets birriers vithtn a block in~e~sect~ona! cul de-sa~ bvtvith tvs ulnar differences-- The eidblock location can bi chaste Jo the cherestdenca at the coL*nec viii have easy access co the attached ~rafe vithout having to t~avel several bloClm to avoid the barrier. Ktdblock cul-de-sacs shorten ~he distance that a larEeE vehtele vhich cannot turn around vould h~v~ to backup ~e ceupared to an intersection cul-de-sac applied to the s mi e arrest, Clear and eu~hetie si~nin~ ia needed to varu uotortats o[ the cul-de-sac condition (~), Semtdiverters (Ytiaire 4) are barriers to.traffic traveling in one dXr~etion ~n · .street that peruit trafttc traveline in the opposite selidtverte~8 art easily violate. At the~s~ tt~, they provide suited to reduce traffic values v~en 04/25/00 13:23 FAX 540+829+75t9 VDOT CULPEPER ~016 ~or~sd cum channeliz&ttO_n_ is comprised o~ traffic {glands spe¢lfleAll~designed tO prevent trsffia free executing specific movements. This;is.simply an adaptation of tee_hfltquas used to movemeu~s'prevented are specifically selected to discourage through traffic on local streets. Generally, this technique is best used at an ifltersectioa of a uaJor and local street vhere she ~aJor street is basically unaffected or perhaps enhanced by the chaflnallzation vhile through tFaffl~ on the local street is prevented (~). Median barriers are standard traffic engineering devices employed to pr'~van~' l~f~;~rn entries to local neighborhood streets from arterials and to prevent through traffic flora ~rom one neighborhood to another across an arterial. A median barrier is_soot effective_~n loca~iOrm vhere throufh traffic is_pre~ted'--f~oe eroestnI On a numbed:of localS~ree.~. .~ Traffic circles (Figure $) have generally be~ confined to complex interests[one to evoid ~ha need for trafftcs~gnals or to accommodate more than fourapproaeb reade. On residential streets, small circles have been crted mlinly as speedcontroldevices. They do not physically restrict, anymovement, and their.benefit in volume reduction depandson the ex~ent to ~hich.they decrease the t~avel advantqe8 speedanddrtver coefo~t. They have little i,epact~unless'they~are-usedas pert of s group 'o£etreles oz other devieesthat :slovorbar~a drlver~spa, th (2_). Speed hump_~ (FtSurl 6) are raised humps in th~lmveaent surface e~endir~ transversely across the traveled vaY. Theyare alsocalled undulationfand.~oad'huupe. 'TheynoL'tally-'ha;ve.'a'height of lesa"than & in ands length of 12 ft. Their length ia:the direction of travel distinguishes them fr~m speed bumps. Speed b~up~, also sho~m in Pigura 6 £or contrast, are not'sally less tha~ $ in in height, 3 ft ~n length, and raise norm abruptly Chanhuaps, Driver discomfort is designed to caume a reduction in speed at the site o£ the speed hunp, The overall effe~tivaneas in red~ai"~ the speed and voXu~e ~o~ ~e entire length of the street deE~mds on the frequency, distance, and musher o! humps. ThenBuy b~ lel~l and liability t~ifications conce~i~ t~ ~e o~ :h~pn, ~d tbel~.~e sh~d .~ ~re. full~ ~md_n_~l,,betere inntal.l~tton (~).- 6~idelinesfor spe~dhunps that 'Ver~'e~llope~' frei a literature reviev are given in the, Appendix. 04/25/00 13:24 FAX 540+829+7519 VDOT CULPEPER ~021 'trlGHWA Y LA I,["S OF VIRGI3, 1996 EDITION Sec. 46.2,809. Regulation of truck traffic on secondary highways. - The Commonwealth Transportation Board in response to a formal request by a lees[ governing body, after such body has held public hear/ngs, may, after due notice and a proper hearing, prohibit or restrict the use by through traffic of any part of a secondary highway if a reasonable alternate route is provided. Such restrictions may apply to any track or truck and trailer or semitrailer combination, except a pickup truck, as may be necessary to promote the health, safety, and wel fare of the citizens of the Commonwealth. Nothing in this sect/on shall affect the validity of any city charter provision or city ordinance heretofore adopted. The provisions of this section shall not apply in.: (i) cities, (ii) any town which maintains its own system of streets, and (iii) in-any county which owns, operates, and mamt~iins its own system of roads and streets. Sec. 33.1-I93. Closing highways for safety of public or proper completion of construction; injury to-barriers, signs, etc. - If it shah appear to the Commissioner necessary for the safety of the traveling public or for proper completion of work which is' being performed to close any road or highway coming under, his jurisdictionto all traffic or any class of traffic, the Commissioner- may close, or.cause,to be closed, the.whole orany'port/on of such road or highway deemed necessary to be excIuded from public travel and may exclude all or any classof traffic from such-closedportion. Wh/le any such road or highway, or portion thereof, is so closed, or while any such road or highway, or portion thereof, is in process of construction or maintenance, the Commissioner, may erect, or cause to be erected, suitable barriers or obstructions thereon, may post, or cause to be posted, conspicuou.s notices to the effect that the road or highway, or portion, is closed and may place warning signs, lights' and lanterns on such road or highway, or portions thereof. When such road or highway is closed for safety of the traveling public or in process of consU'uction or maintenance, as provided in this section, any person who willfully breaks down, drives into new construction work, removes, injures or destroys any such barrier or barriers or obstructions, tears down, removes, or destroys any such notices or extinguishes, removes, injures or destroys any such warning Iights 'qr lanterns so erected, posted or placed shall be quilty of a misdemeanor. Sec. 46.2-1304. Local regulation of trucks and carriers. - Thc governing bodies of counties, cities, and towns may by ordinance, whenever in their judgment conditions so require: [. Prohibit the use of tracks, except for thc purpose of receiving loads or making deliveries on certain designated streets under their jurisdiction; 2. Restrict the use of trucks passing through the city or town to such street or streets under their jurisdiction as may be designated in such ordinance. ATTACHMENT B (from VDOT Cut-Through Policy) To initiate these procedures, the county/town must: · Identify the problem of residential cut-through traMc. Request, by resolution of the local governing body, that VDOT review and address possible solutions to the identified problems. This request is submitted to the local resident engineer, along with the following support data. ~. Functional class/#ca#on of the street(s) in ques#on as a local res/dent/a/street and its relationship to the comprehensive p/an. VDOT classifies this road as a local road. The County's Comprehensive Plan does not place a functional classification status on roads maintained by VDOT. 2. lden##ca#on of the primary use area, including all streets that are accessed primarily by using the street(s) in question and the associated periphera/ roadway networks. Also, include the functional classi#ca#on and relationship to the comprehensive plan for all streets in the primary use area. Staff has identified the following roads that will be impacted by this proposal: Morgantown Road (Route 738); Grassmere Road (Route 679); Tillman Road (Route 676); l~vy Road (Route 250), and Dry Bridge Road (Route 738). Further analysis of these roads will be done in the final report. 3. Veri#ca#on by the county/town that cut-through traftTc on the local residentia/ street to be studied is 40°~ or more of the total one hour~ single direction volume, and that a minimum of ~50 cubthrough trips occur in one hour in one- direction. Acceptable planning techniques may be used to determine the amount of cut-through traf#c. A description of the technique used should be provided to VDOTalong with the vehicle volume data. Staff is working with VDOT to complete these criteria. Due to the time constraints, it is unlikely that the survey will be done before the end of this school year. Capturing the traffic to and from Hurray ES is vital to this evaluation. Staff will conduct this survey after the beginning of the school year in September 2000. 4. Veri#ca#on by the county/town that a peb'b'on outlining the perceived problem and signed by at least 75 percent of the total occupied households within the primary use area is valid. This criterion cannot be completed until #3 is complete. Staff will work with the residents to obtain the necessary signatures if the study finds it is warranted. The primary use area where the 75 percent must come from has not been fully determined at this point, but will likely include Morgantown Road and Grassmere Road. 5. ldent/#ca#on of alternative routes for through traf#c if travel is restricted on the street(s) on questions. The alternate routes would be :Ivy Road and Tillman Road. Staff recognizes that improvements to these roads will have to be done for these alternatives route to be feasible. To: From: Subject: Date: Members, Board of Supervisors Ella Washington Carey, CMC, CI~ Reading List. for Moy 17, 2000' May I, 2000 January 5, 2000 February 9, 2000 March I, 2000 pages 18 (Item # 14a) - end - Ms. Humphris Mr. Dorrier Pages I- 17 (end Item I O) - Mr. Dorrier Pages 17 (Item I O) - end - Ms. Humphris /ewc INTER OFFICE To: From: Subject: Date: Carl Pumphrey, Amelia McCulley Laurie Bentley Resolution May23,2000 MEMO I have attached the resolution the Board adopted on May 17, 2000, waiving the applicable permit fee(s) required under sections 6-203 and 6-407 of the Albemarle County Code for open burning of debris waste occasioned by the May 13, 2000 storm. Thank you. Attachment RESOLUTION WHEREAS, the Board of Supervisors, pursuant to Virginia Code Section 27-97, has adopted the Virginia Statewide Fire Prevention Code as set forth in Section 6-200 of the Albemarle County Code; and WHEREAS, the Board of Supervisors is authorized by Virginia Code Section 27- 98 to establish such procedures or requirements as may be necessary for the administration and enforcement of the Virginia Statewide Fire Prevention Code; and WHEREAS, the Board of Supervisors is authorized by Virginia Code Section 27- 98 to levy fees in order to defray the cost of such administration, enforcement and appeals; and WHEREAS, the storm that occurred in Albemarle County on May 13, 2000 caused considerable damage in numerous areas; and WHEREAS, the Board believes it would be in the public interest to promote the safe and economical disposal of debris waste caused by the storm without undue financial expense or hardship to affected residents. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia, hereby waives the applicable permit fee(s) required under sections 6-203 and 6-407 of the Albemarle County Code for open burning of debris waste occasioned by the May 13, 2000 storm. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by vote of_6 to 0 on May 17, 2000. Cl~-ri~, B'~d of Co~hty Supe~-"~ors Mr. Bowerman Mr. Dorrier x Ms. Humphris x Mr. Martin x Mr. Perkins x Ms. Thomas x Ave Nay X