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HomeMy WebLinkAbout1998-05-13 FINAL 7:00 P.M. MAY 13, 1998 MEETING ROOM 241. SECOND FLOOR 2 3 4 5. 6, 10. ll 12. Call to Order. Pledge of Allegiance. Moment of Silence. Other Matters Not Listed on the Agenda from the PUBLIC. Consent Agenda ion next sheetL SP-97-41. U.S. Cellular - Red Hill (Signs#76,77&78L,~',~,,~m T,~ **~,,,~,,,~T T~, ~T,~ vi,A- a rcq'acaz z~ .... s ..... s· .......... ~ ~ .................... nbm 12, 1997.~ (DEFERRED TO AUGUST 12, 1998.~ ZMA-98-O1. Western Ridge Phase 2. (Signs #93&95 ~. PUBLIC HEARING on a request to rezone approx 14.5 acs from R-4 w/proffers to PRD The purpose of this rezoning is to modify the front setbacks permitted & to allow use of Zero Lot Lines. TM56,P93 (pt). Located w/in Western Ridge Dvlp on S sd of Rt 240 in Crozet This area ~s recommended for Neighborhood Density Residential [3-6 du/ac] in the Community of Crozet.) W'nite Hall Dist. SP-98-10 Charles Pietsch - The Meeting Place (Sign #90/. PUBLIC HEARING on a request to use an existing fac for a supporting commercial use [27.2.21141], as an off-site meeting fac for area businesses. Znd LL TM32_P17E. Located at intersec of St Rt 649 IAirport Rd) & Doble Ann Dr in the Community of Hollymead. Rivarma Dist SP-98-11 Southgate (Signs #43&441. PUBLIC HEARING on a request to extend SP- 96-32, originally approved on October 9. 1996, to permit excavation in the flood plain in order to reestablish a pond on approx 12.009 acs. Znd HC (30.3.5.2). TM76,P1Z& Located on N sd of Fontaine Av Ext (Rt 29 Business ~. near the intersect of Rt 702 (Reservoir Rdl. ~ This site is located in Urban Area Neighborhood SLx Development Area.) Samuel Miller Dist. SP-98-05. Farmington Country Club (Signs #72&73,. PUBLIC HEARING on a request to amend existing SP-97-28 to locate indoor tennis bldg on 273.472 acs. Znd RA [10.2.2(41]. TM60E2,P1. Located on N sd of Ivy Rd. Rt 250 W. , l'his site is not located in a designated growth area.) Samuel Miller Dist. PUBLIC HEARING on request to amend the service area boundaries of the Albemarle County Service Authority for sewer service to the proposed Indoor Termis Fadlity at Farming- ton Country Club. located on TM6OE2.Pi. PUBLIC HEARING on an Ordinance to amend and reordain Chapter 2.1. Agricultural and Forestal Districts, Section 2.1-4(h) known as the Hardware Agricultural & Forestal District to add 11.971 acs to the District. Znd PA. TM88.P29. Located on W sd of Rt 29 S (Monacan Trail Rd/approx 2 mi N of Rt 708 I Red Hill Rd). Samuel Miller Dist. 13 15. 16. 17 Approval of Minutes: June 12 and June 19. 1996, and February. 9(A), 1998. Executive Session: Personnel. Certify Executive Session. Other Matters not Listed on the Agenda from the BOARD. CONSENT AGENDA FOR APPROVAL: 5.1 Temporary/Part-time Position - Address/rig Intern. 5.2 Surplus Donation - Request by Town of Scottsw21e for Cotmty to donate spare vehicle. FOR INFORMATION: 5.3 1998 First Quarter Building Report as prepared by the Department of Planning and Conmaunity Developmenr. 5.4 Copy of Planning Commission minutes of April 26. 1998. 5.5 Copy of minutes of the Rivanna Water & Sewer Authority Board of Directors meeung of March 23. 1998. COUNTY OF ALBEMARLE MEMORANDUM TO: FROM: DATE: RE: V. Wayne Cilimberg, Director of Planning and Community Development Ella W. Carey, CMC, Clerk May 19, 1998 Board Actions of May 13, 1998 At its meeting on May 13, 1998, the Board of Supervisors took the following actions: Item No. 5.1. Temporary/Part-time Position - Addressing Intern. APPROVED the use of available Enhanced 911 surcharge funds to supplement costs associated with staffing a temporary part-time Addressing Intern position. Agenda Item No. 6. SP-97-41. U.S. Celltflar - Red Hill (Signs#76,77&78). On May 6, 1998, this item was DEFERRED until August 12, 1998. Agenda Item No. 7. ZMA-98-01. Western Ridge Phase 2. (Signs #93&95). PUBLIC HEARING on a request to rezone approx 14.5 acs from R-4 w/proffers to PRD. The purpose of this rezoning is to modify the front setbacks permitted & to allow use of Zero Lot Lines. TM56,P93 (pt). Located w/in Western Ridge Dvlp on S sd of Rt 240 in Crozet. (This area is recommended for Neighborhood Density Residential [3-6 du/ac] in the Community of Crozet.) White Hall Dist. APPROVED ZMA-98-O1 as proffered on the attached Proffer Form dated May 11, 1998, and signed by Htmter E. Craig. Agenda Item No. 8. SP-98-10. Charles Pietsch - The Meeting Place (Sign #90). PUBLIC HEARING on a request to use an existing fac for a supporting commercial use [27.2.2(I4)], as an off-site meeting fac for area businesses. Znd LI. TM32,P17E. Located at intersec of St Rt 649 (Airport Rd) & Doble Ann Dr in the Community of HollymeacL Rivanna Dist. APPROVED SP-98-10 subject to the following conditions recommended by the Planning Commission, with condition #2 amended: Applicant shall comply with all site development plan requirements of Section 32.0 of the Zoning Ordinance, including but not limited to provision of septic/sewer, parking mad fire protection; Memo To: V. Wayne Cilimberg Date: May 19, 1998 Page: 2 Facility shall be operated in general accord with the applicant's justification dated 2/23/98 and initialed "SET (Attachment C)', except that only those uses allowed in condition #3 will be permitted; The facility shall be used only to support uses which are located within the Industrial Service, Office Service or the Institutional Land Use areas within the Community of Hollymead as designated in the Land Use Plan adopted June 5, 1996: A. The uses of the facility authorized by the special use permit are: Meetings, including training and other business related activities, such as award ceremonies, business breakfast, lunch and/or dinner functions, and sales meetings held by any of the occupants of the above-cited land uses; and Professional association meetings. These meetings are not required to be hosted by current occupants of the above-cited land uses but must be associated with the permitted uses therein. Ptivate or non-business events sucli as weddings, religious services or private parties are prohibited; 4. Facility shall be limited to 2,000 square feet in size. Agenda Item No. 9. SP-98-11. Southgate (Signs #43&44). PUBLIC HEARING on a request to extend SP- 96-32~ originally approved on October 9, 1996, to permit excavation in the flood plain in order to reestablish a pond on approx 12.009 acs. Znd HC (30.3.572). TM76,P12A. Located on N sd of Fontaine Av Ext (Rt 29 Business), near the intersect of Rt 702 (Reservoir Rd). Samuel Miller Dist. APPROVED SP-98-11 subject to the following conditions recommended by the Planning Commission, with condition #1 amended: Albemarle County Engineering approval of plans, details and supporting computations for the proposed dam and safety provision; Albemarle County Engineering approval of computations and documentation to verify effects on the existing FEMA delineated flood plain; Albemarle County Engineering approval of a Mitigation Plan in accordance with the Water Protection Ordinance, including a survey of biological resources; and 4. Albemarle Cotmty Engineering approval of an Erosion and Sediment Control Plan. Agenda Item No. 10. SP-98-05. Farmington Country Club (Sig~s #72&73). PUBLIC HEARING on a request to amend existing SP-97-28 to locate indoor tennis bldg on 273.472 acs. Znd RA [10.2,2(4)]. TM60E2,PI~ Located on N sd of Ivy Rd, Rt 250 W. Samuel Miller Dist. Memo To: V. Wayne Cilimberg Date: May 19, 1998 Page: 3 APPROVED SP-98-05 subject to the following conditions recommended by the Planning Commission: This permit is for the indoor tennis facility. Any future intensification of use would require an amendment to this special use permit; and Use of the indoor tennis facility shall be for Farmington Country Club members, families and guests nnder the same by-laws of other dub facilities in Farmington. Agenda Item No. 1 i. PUBLIC HEARING on request to amend the service area boundaries of the Albemarle County Service Authority for sewer service to the proposed Indoor Tennis Facility at Farmington Country Club, located on TM60E2,P1. APPROVED sewer service to the indoor tennis facility only based on the following justification: 1) There is an existing private sewer line within 50 to 100 feet of the proposed facility and is available to facility; 2) This property is in a reservoir protection area which is better served from an environmental standpoint by a sewer line rather than a septic tank; 3) The sewer line serves a development which is consistent with the Comprehensive Plan as opposed to development which is not favored by the Comprehensive Plan; and 4) The sewer line connects to the Morey Creek Interceptor rather than Moore's Creek. Agenda Item No~ 12. PUBLIC HEARING on an Ordinance to amend and reordain Chapter 2.1, Agricultural and Forestal Districts, Section 2.1-4(h) known as the Hardware Agricultural & Forestaf District to add I 1.971 acs to the District. Znd R& TM88;P29. Located on W sd of Rt 29 S (Monacan Trail Rd~ approx 2 mi N of Rt 708 (Red Hill Rd). Samuel Miller Dist. ADOPTED the attached Ordinance. Agenda Item No. 16. Other matters not listed on the Agenda from the BOARD. Ms. Thomas asked what happened with the request to the Planning staff for information on how to make agricnltural/forestal districts more valuable. Ms. Thomas asked about the status of the cellular tower consultant. Ms. Thomas said the Rivanna Authority has requested that David Hirschman work on issues regarding the watershed and not deal with wells, constructed ;vetlands, etc. She wants to make sure there will be staff to cover these other matters. Mr. Tucker said he will not have a recommendation for the Board until he sees Rivanna's final work program for Mr. Hirschman. If additional staffing is needed, he will bring a recommendation back to the Board. Memo To: V. Wayne Cilimberg Date: May 19, 1998 Page: 4 Mr. Bowerman said the Rapidan Service Authority in Greene County is in the process of extending sewer down Route 29. At some point they will need to expand their capacity in Greene County. One option is to build a new sewage treatment plant. In addition, they have been investigating the potential purchase of the Briarwood Sewage Treatement Plant. He suggested the Board hold a work session on June 3rd to discuss the policy implications, and the pros and cons. /ewc Attachments cc: Larry Davis Amelia McCulley Bill Mawyer Richard Wood Bruce Woodzell Bill Brent Sharon Taylor Dan Mahon File Date: s5~,71 'G~ ~ · ,/4.5- BOARD OF SUPERVISORS PROFFER FORM ! Original Proffer Amended Proffer (Amendment #_ ZMA # Ge-O/ Tax Map Parcel(s) Acres to De rezoned from. '~/ to Pursuant to. Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned. These condilions are proffered as a part of the requested rezoning 'and it is agreed that: (1) the rezon ~ng itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning requested. See attached "Western Ridge Phase 2 Proffers" dated May 11, 1998. Printed Names of All Owners 6',//- Date OR' Signature of AUorney-in-Fact (Attach Proper Power of Attorney) Printed Name of Attorney-in-Fact PROFFORM.WPD Rev. December 1994 WESTERN RIDGE PHASE '2 PROFFERS May 11, 1998 The following proffers (1-4, 6-9 & 11) are the same as proffered and approved by the Albemarle Board of Supervisors for ZMA 94-14 on March 20, 1995. Owner will reserve a 110 foot strip of land in the approximate location shown on the Plan as "proposed Crozet Route 240/250 Connector," (the "Reserved .Area") and will dedicate the Reserved Area to public use without compensation at such time as the County of Albemarle or the Virginia Department of Transportation (VDoT) has acquired the balance of the right-of-way required to build the proposed Crozet Route 240/250 connector road utilizing the Reserved Area. Reservation of the Reserved Area shall not be deemed to prohibit owner, successors, and assigns from construction a vehicular access at grade across the Reserved Area sufficient to permit the full development anduse of the adjacent parcel labeled "INDUSTRIAL SERVICE" on the Plan. Reservation of the Reserved Area shall not be deemed to prohibit owner from construction a two-lane road in the Reserved Area in a manner which would not interfere with future construction of the connector road, of making other temporary use of the Reserved Area not inconsistent with such construcuon, as determined by VDoT and then-exisfmg County ordinances. No residential driveways will access d'trectly onto the 110 foot right-of-way. Owner will construct a soccer field in the approximate location shown on the Plan. Owner may provide recreational fac'dities in lieu of soccer field at owners option, subjec~ to administrative approval of the County of Albemarle Planning Department. (As of March 4, 1998, this proffer is completed). Owner will clean and repaint (interior and exterior, excluding attic) the existing two-story residence building on the property, and place all heat'mg, electrical and plumb'rog systems therein in good working order, trim shrubbery and clean up the yard, and convey such building to the Homeowner's Association for use as a clubhouse, to be operated and maintained by the Homeowner's Association. The two-stoty house may be used as a sales center/clubhouse until all lots are sold. (As of March 4, 1998, this proffer is completed). Owner will reserve an average of a 50-foot wide greenbelt along each side of the stream in the area identified as "GREENBELT" on the Plan, to the extent that the greenbelt would be within the boundaries of the property. No buildings shall be constructed or erected within the greenbelt without the consent of Albemarle County and it shall be preserved in its natural state except for the build'rog of pedestrian trails and general beautification includ'mg, but not limited to, the clearing of underbrush, removal of dead trees and shrubs. plant'mg of trees and shrubs, cleanup of the stream and use for ut'flization for stream crossing for pedestrian or vehicular access in accordance with VDoT standards to adjacent properties. Owner dos not proffer to maintain the greenbelt, and may convey the greenbelt to the Homeowners Association subject to the reservation set forth herein. The proffer shall not be interpreted to prohibit the location ofut'dities and easements therefore in the greenbelt. The reservation of the greenbelt will provide that at such time asthe WESTERN RIDGE PHASE 2 PROFFERS May 1 I, 1998 10. County of Albemarle commits to establish and maintain a public area, park or pathway, and assumes responsibility for maintenance thereof, the greenbelt area. upon request of Albemarle County, will be dedicated by owner of its successors to the County, subject to the fight of use for pedestrian trails by residents living on the property and subject to the right to cross the greenbek for vehicular access and underground utilities and easements by owner or its successors. Development within the Western Ridge development will be limited to a maximum of 277 s'mgle-family attached and detached dwelling units on the property. The attached and detached units will be located appromaately in the areas shown an the Plan. The number of units permitted in the area of Tax Map 56E, Block 1, Parcel A shall be limited to a maximum of 199 units. Internal roads on the property will be located approximately as shown on the Plan. Additional internal roads will be located pursuant to normal subdivision review. Owner will plant at such time "Proposed Crozet Route 240/250 Connector" is built, or before, two rows of white pine trees 15 feet on center (four feet to five feet tall) along the east side of the "Proposed Crozet Route 240/250 Connector" 110 foot "right-of-way," which is contiguous with single-family attached or detached as is shown on the Plan. The reservation set forth in paragraph one above and the possibility that a four lane road will be constructed within the Reserved Area shall be clearly disclosed in the subdivision covenants and restrictions and on the subdivision plat for all lots adjacent to the Reserved Owner will develop the property to accommodate a minimum of 230 units, when combined with any units included in the exist'rog Western Ridge subdivision.. The setbacks within the area shown as Phase 2 on a plan titled "Western Ridge" prepared by Muncaster Engineering and last revised 2/13/98 shall be: From: 20 feet except that the front yard may be reduced to 10 feet for attached garages for a maximum lineal distance of 28 feet provided that there shall be no openings except for garage doors in any exterior wall of the enclosed structure parallel to the street between 20 feet and 10 feet from the front lot line. Side: 10 feet except that the side yard may be reduced to zero (0) feet on one side in accord with the following provisions: All such structures for which separation and/or side yards are reduced shall be constructed in accordance with the current edition of the Virginia Uniform Statewide Building Code; WESTERN RlDGE PHASE 2 PROFFERS May 11, 1998 11. In the case of yard reduction, the Albemarle County fire official may require such guarantee as deemed necessary to insure compliance with the provisions of this proffer, inclusive but not limited to deed restriction disclosures, and other such instruments and the recordation of the same in the office of the clerk of the circuit court of the county; No structures shall encroach on any emergency aeeessway as may be required by the Albemarle County fire official; No structures shall encroach on any ufdity, drainage or other easement, nor any feature required by the zoning ordinance; The wall of the dwelling unit, parallel to the zero lot line, located within 3 feet of the lot line shall have no windows, doors, or any other type of openings unless permitted by the Virginia Uniform Statewide Building Code; As necessary in a particular case a perpetual wall maintenance easement shall be provided on the lot adjacent to the zero lot line property such that, with the exception offences, a total width between dwelling units of six feet shall be kept clear of all structures This easement shall be shown on the final plat and incorporated in each deed transferring title to the property. Roof overhangs may penetrate the easement on the adjacent lot a maximum of twenty-four (24) inches, but the roof shall be designed, with standard gutters, such that water runofffrom the dwelling placed on the lot line is directed to standard downspouts on the fi'ont and back of the dwelling. Building foolings may penetrate the easement on the adjacent lot a maximum of eight (8) inches. c. Rear: 20 feet. The proffers contained herein supersede and are offered in lieu of all previous proffers offered by owner with regard to the property. All previous proffers are withdrawn. ACTIONS Board of Supervisors Meeting of May 13, 1998 May 19, 1998 AGENDA iTEM 4~ 5.1 5.2 10. 11. Call to Order. Other Matters Not Listed on the Agenda from the PUBLIC. Temporary/Pm-time Position - Addressing Intern. APPROVED. Surplus Donation - Request by Town of Scottsville for County to donate spare vehicle. APPROVED. SP-97-41. U.S. Cellular - Red Hill (Signs#76,77&78). DEFERRED TO AUGUST 12, 1998. ZMA-98-01. Western Ridge Phase 2. (Signs #93&95). APPROVED. SP-98-10. Charles Pietsdt - The Meeting Place (Sign #90). APPROVED. SP-98-11. Southgate (Signs #43&44). APPROVED. SP-98-05. Farmington Country Club (Signs #72&73). APPROVED. Request to amend the service area boundaries of the ACSA for sewer seiwice to the proposed Indoor Tem~is Facility at Farmington Country Club, located on TM60E2,P1. APPROVED. Ordinance to amend and reordain Chapter 2.1, Agricultural and Forestal Districts, Section 2.1-4(h) known as the Hardware Agricultural & Forestal Disttict to add 11:97t acs to the District. ADOPTED Ordinance. ASSIGNMENT Called to order at 7:00 p.m., by the Chairman. There were none. Clerk: Forward signed appropriation form to Finance and appropriate persons. .Clerk: Cleric: Cleric: Cleric Clerk: __ Indude conditions in memo to Planning and appropriate persons. __ Indude conditions in memo to Plarming and appropriate persons. __ Include conditions in memo to Planning and appropriate persons. __ Indude conditions in memo to Planning and appropriate persons. __ Indude justification in memo to Planning and appropriate persons. Clerk: Include ordinance with memo to Plarming and forward copy to appropriate persons. 16. Other Matters not Listed on the Agenda from the BOARD. Ms. Thomas asked what happened w/th the request to the Planning staff for some information on how to make agricultural/ forestal districts more valuable. Ms. Thomas asked about the status of the cellular tower consultant. Ms. Thomas said the Rivanna Authority has requested that David Hirschman work in the watershed and not deal with wells, constructed wetlands, etc. She wants to make sure there will be staff to cover these other matters. Mr. Tudcer said he will not have a reconunen- dation for the Board tmtil he sees Rivanna's final work program for Mr. Hirschman. If additional staffing is needed, he will bring a reconm~endation back to the Board. Mr. Bowennan said the Rapidan Serv/ce Authority in Greene County is in the process of ex~ending sewer down Route 29, At some point they will need to expand their capacity in Greene County. One option is to build a new sewage treatment plant. In addition, they have been investigating the potential purchase of the Briarwood Sewage Treatement Plant. He suggested the Board hold a work session on lune 3rd to discuss the policy implications, and the pros and cons. /ewc Distribution list: County Executive and staff Kevin Castner Wayne Cilimberg Larry Davis Bill Mawyer Amdia McCukley Bruce Woodzell Attachments: COUNTY OF ALBEMARLE MEMORANDUM TO: FROM: DATE: RE: Melvin A. Breeden. Director of Finance Ella W. Carey, CMC, Clerl~ May 19. 1998 Board Actions of May 13, 1998 At its meeting on May 13, 1998. the Board of Supervisors took the following actions: Item No. 5. I. Temporary/Part-time Position - Addressing Intern. APPROVED. Attached is the signed appropriation form. ewc Attachment pc: Richard E. Huff. II Roxanne W. White Robert Walters V. Wayne Cilimberg Tex Weaver APPROPRIATION REQUEST BOARD OF SUPERVtSC -' FISCAL YEAR: 97/98 NUMBER 97060 TYPE OF APPROPRIATION: ADDITIONAL TR3~NSFER NEW X ADVERTISEMENT REQUIRED YES NO X FUND: GENERAL/E911 PURPOSE OF APPROPRIATION: APPROVAL OF ADDITIONAL FUNDING FOR E91t ADDRESSING INTERN. EXPENDITURE COST CTR/CATEGORY DESCRIPTION AMOUNT 1 t000 81017 130000 PART TIME WAGES S4,500.00 1 1000 81017 210000 FICA 344.00 1 1000 81017 270000 WORKER'S COMP. 8.00 1 4101 31042 930000 FUND TR~XNSFER 4,852.00 TOTAL $9,704.00 REVENUE DESCRIPTION AMOUNT 2 1000 19000 190212 RECOVERED COST E911-PLANNING S4,852.00 2 4131 51000 510100 FI/ND BALANCE 4,852.00 TOTAL S9,704.00 ********************************************************************* REQUESTING COST CENTER: COUNTY EXEC. APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS SIGNATURE DATE COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Addressing ntern SUBJECT/PROPOSAL/REQUEST: Temporery/Paml Time Position Request STAFF CONTACT(S): Messrs. Tucker, Huff, Cilimberg, Weaver AGENDA DATE: May 13, 1998 ACTION: CONSENT AGENDA: ACTION: × ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: BACKGROUND: Staff from the Depadment of Planning '& Community Development and the County Executive's Office has identified the need for additional staff resourees to support the County's Enhanced 911 addressing initiatives. A part time/temporary Addressing Intem position is being proposed to work at up to 40 houre per week threugh August, 1998 at $7.50 per hour. DISCUSSION: The less than satisfactory performance of our Enhanced 911 consultant's work in the areas of field verification mapping and address assignment has necessitated that staff vedfy and clean up a tremendous volume of data. At this time= there are appreximately 2,000 mrel addresses that have not been assigned street style addresses by the consultant. Staff has been working to ~)erform the field work required to verify many of these addresses and has made significant pregress (staff has assigned approximately 4,600 addresses since receiving opereti0nal contrel of the Building Locator System in November, 1996), but finds that additional manpower is warranted to bring closure to the prqlect in a reasonable amount of time. The funds required to compensate the proposed temporery position would be collected from the 911 revenues designated for this project. A total of $4,840 (15 weeks = 600 hours x $7.50/hr + FICA) is required from Enhanced 911 revenue to cover the Addressing Intern position threugh August, 1998, at which time the impact this position has had on addressing initiatives will be reevaluated to determine whether or not it is necessary to secure additional funding to continue the position. RECOMMENDATION: Board approval using available Enhanced 911 surcharge funds to supplement costs associated with staffirig the aforementioned position. 98.081 David P. Bowerma~ Chadotle Y. HumphrB Formst iL Marshan, & COUNTY OF ALBEMARI ,F Office of Board of Supenasors 401 Mclnfim Road Charlott~,ille. V'n~mia 229024596 (804) 296-584,3 FAX [804) 2965800 June 5, 1998 Charl~ S. Martin Walter E Perkms S~Ils, H. Thomas Ms. Sara Genthner Town Administrative Officia2 Town of Scottsville PO Box 395 Scottsville. VA 24590 Dear Ms. Genthner: At its meeting on May 13, 1998, the Board of Supervisors approved your request to donate the surplus vehicle, that was removed from service m the Sheriff's Depanmem, to the Town of Scottsville for use as a spare by the Sheriff's Deputies. Should you require any additional information, please let me know. Sincerely, --E"ll'a W. Carey % Clerk j /ewc --~r. ~chard E. Huff, II Captain Mike Lugar Printed on recycled paper ROBERT K. SPENCER ~byor BOA OF sueetzv so s May 27, 1998 Council GEORGE W. DANSEY .-'>'~o ~' '~ "~' CRAIG N. STRAlq'O N ON - - "-' - - Mr. Robert W. Tucker, Jr., County Executive Mr. Forrest R. Marshall, Jr., Chair, Board of Supervisors Comity of Albemarle 401 Mclntire Road Charlotttesville. VA 22902 Dear Bob and Forrest, a~//~a'a~/~~ On behalf of the Scottsville Town Council and the citizens of Scottsville, I wish to thank you for consideration and assistance enabling the town to acquire the surplus vehicle which was available from the Albemarle County Sheriff's Deparanent. During the past two years, the law enforcement facilities and services for the Town of Scottsville have been greatly improved, to the point that I believe they are now the best the town has ever had. This enhancement has included the purchase of two new cruisers and the purchase of three properly equipped bicycles for the Bike Patrol. The additional vehicle which is being conveyed to the town will help assure that police services will continue at this high level. Mayor, Town of Scottsville COUNTY OF ALBEMARLE : 'r' ~ EXECUTIVE SUMMARY BOARD OF SUPERVISORS _ AGENDA TITLE: Surplus Donation SUBJECT/PROPOSAL/REQUEST: Request by Town of Scottsville for County to donate Spare vehicle STAFF CONTACT,S): Messrs. Tucker, Huff AGENDA DATE: May 13, 1998 ACTION: CONSENT AGENDA: ACTION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: ITEM NUMBER: INFORMATION: INFORMATION: Staff has received a request from Sara Genthner, Town Administrative Official for the Town of Scottsville, requesting that the surplus vehicle that was recently removed from service in the Sheriff's Department be donated to be used as a spare by the Town of Scottsville for its Sheriff's Deputies. The vehicle has in excess of 130,000 miles on its odometer and has been stripped of all of its police equipment by the Sheriff's Department. The vehicle has been determined to be designated as surplus by the County Sheriff's Department and would normally be auctioned at the County's next regular auction of surplus items. The Town does not want to use it as a front-line vehicle given the extensive mileage, but is looking for a spare vehicle when one of their two cruisers need to be in the shop for repairs. RECOMMENDATION: Staff has no objection to this request and recommends that the Board donate the vehicle to be used by Scottsville as a spare vehicle. 98.083 April 28, 1998 Council GEORGE W. DANSEY DUANE O. KARR CHRISTOPHER J LONG TIMOTHY M, SMALL CRAIG N. STRATTON LUGINDA B. WHEkLER Robert W. Tucker, Jr. County Executive County of Albemarle 401 Mclnfire Road Charlottsville, VA 22902-4596 Dear Bob, It has been brought to my attention by Sergeant JeffTurner that the Albemarle County Sheriff s Department has a "surplus" vehicle that has recently been removed from regular use and might possibly be available to Scottsville for use as a spare vehicle for our local division. We are extremely interested in this possibility due to the fact that our spare vehicle is eight years old and has ali of the problems associated with an elderly machine. I must admit that I am ignorant of any additional knowledge regarding tbJs "surplus" vehicle or whatever process might be involved in its procurement, or ifI am totally out of line in even asking about it. However, 1 trust that you will be forthright in your response and let me know ifI am or what I must do, if anything. I thank you for your consideration in this matter. Should you need to contact me, please do not h~s~ta,~ to call 286-9267. ~Adm~t~lQ_v~) fficial 1998 FIRST QUARTER BUILDING REPORT County of Albemarle Department of Planning and Community Development 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 INDEX I. Comparison of New Residential Dwelling Units by Month (Charts A & B) II, Comparison of Residential Dwelling Units by Type (Charts C & D) III, Comparison of Ail Building Permits (Chart E) IV. Comparison of Certificates of Occupancy (Charts F - H) KEY TO TYPES OF HOUSING REFERRED TO IN REPORT SF SFA SF/TH DUP MF MHC Single-Family (includes modular) Single-Family Attached Single-Family Townhouse Duplex Multi-Family Mobile Home in the County (not in an existing park) Accessory Apartment BOARD OF SUPERVISORS -2- During the flint quarter of 1998. 142 permits were issued for 142 dwelling units. In addition. 9 permits were issued for mobile homes in existing par~(s at an average exchange value of $2.500. for a tot31 of $22,500. I. COMPARISON OF NEW RESIDENTIAL DWELLING UNITS BY MONTH Chart A. Nine Year Companson of New Residential Dwelling Un~ts by Month MONTH 1990 1991 1992 1993 1994 1995 1996 1997 1998 JAN 56 64 183 49 190 50 26 54 38 FEB 68 31 72 56 53 43 44 44 39 MAR ! 92 57 64 58 72 47 61 57 65 APR i 82 62 72 76 69 46 71 75 MAY I 75 44 62 45 60 41 63 118 JUN 85 54 48 79 70 62 41 89 JUL 42 58 62 81 186 51 87 71 AUG 87 58 126 116 49 44 105 34 SEP 90 55 48 45 47 56 64 52 OCT 48 39 43 68 51 42 186 216 NOV 37 42 49 55 60 66 43 49 DEC 42 50 37 67 32 48 44 62 TOTAL 804 614 866 805 939 596 835 921 142 Chart B. Three YearComparison ofNewResident[al Dwelling UnEs by Month I Cha~ B: Three Year Comoanson of New Residential D.U. by MonthI 240 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC MONTH 1996 m1997 ~19981 Prepared by Albemarle County Planning & Community Development -3- I. COMPARISON OF RESIDENTIAL DWELLING UNITS Chart C Breakdown of New Residential Dweiling Units by Magisterial Dis~ct and Dwelling Unit Type MAGISTERIAL DISTRICT SF MRC JACK JOUE'i-r SAMUEL MILLER 26! ScoTrsVILLE 18I WHITE HALL 23 DWELLING UNIT TYPE SFA I SF/TH I DUP MF 0 0 0 2 0 0 0 TOTAL 27 TOTAL TOTAL 119 18 2 01 0 21 I 142 Chart D. Breakdown of New Residential Dwelling Units by Comprehensive Plan Area and Dwelling Unit Type COMPREHENSIVE PLAN AREA SF SFA SF~H I DUP DWELLING UNIT TYPE MF MHC URBAN NEIGHBORHOOD 1 0 0 01 URSAN NEIGHBORHOOD 2 101 0 2' : URBAN NEIGHBORHOOD 3 0 0 URBAN NEIGHBORHOOD 4 '1 4 JRBAN NEIGHBORHOOD 5 9 2 0 URBAN NEIGHBORHOOD 6 4 ~ 0 0 URBAN NEIGHBORHOOD 7 0; 0 0: CROZET COMMUN TY 6 4 0; HOLLYMEAD COMMUN,TY 20 2 01 PINEY MOUNTAIN COMM UNITY ~ 6 ~ RIVANNA VILLAGE ' 0 GROVVTH AREA SUBTOTAL 71 18 2 0 0 0 0 0 0 0 0 0 0 0 RURAL AREA 2 0 0 0 RU SAL AREA 3 0 0 0 R U P. AL AREA 4 81 0 0 0 RURAL AREA SL BTOTAL 481 0 0 0 0 TOTAL 1191 18 2 01 0 TOTAL Prepared by Albemarle County Planning & Community Development Iti. COMPARISON OF ALL BUILDING PERMITS Char[ E. Estimated Cost of Cons~uc~ by Magisterial District and ConstnJction Type TOTAL 142r 20.133.889 3.71~ 239 15,552.610 50 SCHOOL DWELLING UNIT TYPE TOTAL PERCENT DISTRICT SF SFA SF/TH DUP MF MHC M D.U TOTAL D.U Agn~3~'-Hurl 8 (3 5 0 0 0 0 13 10.48% Prepared by Albemarle County Planning & Community Development -5- IV. CERTIFICATES OF OCCUPANCY (continued) Chart G. BreakdOWn of CO's for Residential Dwelling Units by Magisterial DJs~ct and Dwellin~ Unit Type MAGISTERIAL DVVELLING UNITTYPE [ TOTAL DISTRICT SF SFA ~ SFrFH I DUP MF MHC AA ~ R,O 2! oI 0 24 o oI 2~ JACK JOUETT 2! 0! 0 0 0! 2 RIVANNA 38~; 2i 5 0 0~; 45 SC O'CI'SVlLLE '10 t 4 0 01 15 WHITE HALL i~ 18 2 0 0 0 20 TOTAL 81 0 ! 24 1 1 0 124 Chart H, Breakdown of CO's for Residential Dwelling Units by Comprehensive Plan Area and Dwelling Unit Type COMPREHENSIVE PLAN AREA SF SFA URBAN NEIGHBORHOOD 1 0 URBAN NEIGHBORHOOD 2 7 URBAN NEIGHBORHOOD 3 0 URBAN NEIGHBORHOOD 4 6 URBAN NEIGHBORHOOD 5 3 URBAN NEIGHBORHOOD 6 URBAN NEIGHBORHOOD 7 0 CROZET COMMUNI'rY 11 HOLLYMEAD COMMUNITY 15 PINEY MOUNTAIN COMMUNITY 0 RIVANNA VILLAGE 11 I GROWTH AREA SUBTOTAL DWELLING UNIT TYPE TOTAL SFfTH DUP MF MHC AA UNITS o 0 0 5 o 0 0 ti 2 24 O, C 54 13 241 961 RURAL AREA 1 l0 0 0 0 C 0, 10 RURAL AREA 2 5 0 0 0 0 0~ 5 RUBALAREA 3 8 0 0 0 0 0 0 8] RURAL AREA 4 4 0 0 0 0° 5~ RURAL AREA SUBTOTAL 27 0 0 0; TOTAL 81 13 5 24 I 0~ 124 Prepared by Albemarle County Planning & Community Development COUNTY OF ALBEMARLE Depk of Planning & Community Development 401 Mclntire Road Charlottesville, Virginia 22902-4696 (804! 296-5823 March 20, 1998 Hunter E. Craig Hunter E. Craig company P O Box 6156 Charlottesville, VA 22906 RE: ZMA-98-01 Western Ridge Phase II Tax Map 56, Prcel 93 (part of~ Dear Mr. Craig: The Albemarle County Planning Commission, at its meeting on March 17, 1998, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to acceptance of the applicant's proffers and with the recommendation that sidewalks be required. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on May 13, 1998. 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, William D. Fritz, AICP Senior Planner WDF/jcf cc: Ella Carey Amelia McCulley Jack Kelsey STAFF PERSON: WILLIAM D. FRITZ, AICP PLANNING COMMISSION: BOARD OF SUPERVISORS: MARCH 17, 1998 MAY 13, 1998 ZMA 98-01 WESTERN RIDGE PHASE 2. Applicant's Proposal: The applicant is proposing to change the zoning in Phase 2 of the Western Ridge developmem. No increase in the total number oflots in the Western Ridge development is proposed. The purpose of the rezoning is to allow for modified front and side setbacks. The requested front setback is 20 feet with garages permitted a minimum of 10 feet from the right of way. The current zoning would require all features to be 25 feet from the right of way. The applicant is also requesting the use of"Zero Lot Lines". Zero Lot Lines allows the construction of the house up to one property line with no setback, a minimum of one 10 foot side yard would have to be maintained. The current zoning would require a minimum 10 foot side yard on both sides. Petition: Proposal to rezoned approximately 14.5 acres from R-4 with proffers to PRD, Planned Residential Development. The purpose of this rezoning is to modify the front setbacks permitted and to allow the use of Zero Lot Lines. Property, described as Tax Map 56, Parcel 93 (part) ~s located within the Western Ridge Development which is on the south side of Route 240 in Crozet. This site is located in the Whitehall Magisterial District. This area is recommended for Neighborhood Density Residential (3 to 6 dwelling units per acre)in the Community of Crozet. Character of the Area: The area proposed for rezoning is located within the original Western Ridge Development in an area designated by previous zoning action for single family. It is. located on the west side of the access road to Western Ridge south of and adjacent to the railroad. The proposed Route 250/240 Connector road is on the western boundary. Western Ridge is now being developed with single family houses. The land north of the railroad and west of the proposed Route 250/240 Connector is zoned LI, Light Industry. RECOMMENDATION: Staff has reviewed this request for compliance with the Comprehensive Plan, Zoning Ordinance and prior approvals on this property and is able to support the application provided the Planning Commission and Board of Supervisors are satisfied that the use of the Planned Development approach in this case is nor circumventing prior decisions made regarding the use of zero lot lines. Planning and Zoning History_: The Western Ridge development was rezoned from RA, Rural Areas, R-1. Residential and LI, Light Industry to R-4, Residential. [ZMA 94-14] The Board approved the rezoning on March 15, 1995. Subdivision plats for the first phase of development have been approved and housing is under construction. Co. mprehensive Plan: This area is recommended for Neighborhood Residential (3 to 6 dwelling units per acre) in the Community of Crozet. STAFF COMMENT: planned Developments are defined in Section 8.3 as: For purposes of these regulations, a planned development is: a. Land under unified control to be planned and developed as a whole; Either in a single development operation or a programmed series of development operations; e. ' In accordance with approved application plans; and Programmed for provision, operation and maintenance of such areas, facilities and improvements as will be for common use by some or all of the occupants of the district. T~lS proposal is to designate a single phase of a larger development as a Planned Developmem, while the remainder of the development remains in conventional zoning. Staff opinion is that the intent of the Planned Development approach is that any Planned Development include all of the development ora single project even if that project is proposed in phases, although the operation of the ordinance does not specifically require this. The Planned Development approach typically has not been used to modify smaller portions of a larger, approved, de/~elopment concept. Therefore, this use of the PRD is not how the County anticipates the use of Planned Developments. The reason PRD zoning is being requested is to allow for Zero Lot Line style of development, which is only permitted within a Planned Development approach. There are two concerns with the use of PRD in this case: Impacts of modifying the previously approved plan of development by which new residential development have relied on in the their purchase decisions; and Use of PRD being a circumvention of the Boards prior decision regarding a proposed Zoning Text Amendment to provide for Zero Lot Line style of development, Inclusion of the entire development in a Planned Development al}ows the County to review the impactsin a unified manner. In addition a Planned Development approach allows people moving into the development to have reasonable expectations of the nature of the development. The Western Ridge rezoning approved in 1995 did have a plan of development proffered. On the proffered plan the area currently trader review was designated as either single family attached or detached. [The only area of the Western Ridge Development noted as being only for single family detached housing is the extreme southeastern portion of the subdivision.] Staff opinion is that the use of zero lot lines does not result in a type of development substantially different than would occur with single family attached housing. Therefore, approval of this request would not be inconsistent with the reasonable expectations for the development. Staff has reviewed the purpose and intent of the Planned Development Districts. The purpose and intent of the Planned Development Districts as stated in the zoning ordinance is: Planned development districts are intended to provide for variety and flexibility in design necessary to implement the varied goals and objectives of the county as set forth in the comprehensiveplan. Through a planned development approach, these special.regulations are intended to accomplish the purposes of zoning and other applicable regulations to the same extent as regulations of conventional districts. In addition, planned development regulations are intended to promote: economical and efficient land use through unified development; improved levels of amenities; appropriate and harmonious-physical ~ development; creative design; and a better environment than generally realized through conventional district regulations. In view of the substantial public advantages of planned development, these regulations are intended to encourage thee planned development approach in areas appropriate in terms of location and character. Planned development districts shall be developed: to provide for the comfort and convenience of residents; to facilitate protection of the character of surrounding neighborhoods; and to lessen traffic impact through a reasonably short travel time between origins and destinations of persons living, working, or visiting in such developments. Housing, commercial and service facilities, and places of employment shall be related either by physical proximity or by adequate street networks so as to promote these objectives. This proposal does intend touse the Planned Development approach in order to provide for flexibility in design. The design of the development does not appear to result in a better development than would be realized with the existing zoning. This statement is based on the fact that existing zoning would permit the construction of either attached or detached housing. Staffdoes not view this fact as contrary to the purpose_of the Planned Development Districts~ Staff has viewed the prior zoning action on this site to have been similar to the level of review which occurs for a Planned Development. Issues which address the character and design of the developmem were satisfactorily addressed in the prior review and.staff opinion is that the current request is consistent with the original approval Staff notes that this proposal makes use of the concept of zero lot line through the Planned Development approach. The concept of zero lot line was presented in a zoning text amendment to the Board of Supervisors in March 1997. At that time the Board decided to delay action on the zoning text amendment until the Development Areas Initiatives Steering Committee, DISC, had completed its work. DISC is still in process so approval of this request to allow zero lot lines may be premature based on the Board of Supervisors' prior reasoning. Staff is most concerned that this proposal makes use ofthe Planned Development prowsions within only a portion of a larger development. The approach taken by the applicant to rezone only a portion of the development to PRD appears to be inconsistent with both the definition and purpose of the Planned Development concept. This is based on an evaluation of the language which appears to contemplate the use of Planned Development Zoning in the initial development ora project. The language of various provision discuss issues such as "unified development", design and mixture of uses. As to the provisions for Planned Development Districts contained in the zoning ordinance staff offers the following: 8.5.4 PLANNING COMMISSION RECOMMENDATIONS TO THE BOARD OF SUPERVISORS At such time as further conferences appear unnecessary, or at any time on request of the applicant, the commission shall proceed to prepare its recommendations to the board of supervisors. The date of the commission's determination to proceed, or of the applicant's request for preparation of recommendations, shall be deemed the formal date of' submission of the application. Specifically, recommendations of the commission shall include findings as to; The suitability of the tract for the general type of PD district proposed in terms of: relation to the comprehensive plan; physical characteristics of the land; and its relation to surrounding area; The density of the proposed development is consistent with the original approval for Westem Ridge. Based on the prior reviews for this property, staff opinion isthat this request is consistent with the comprehensive plan and the physical characteristics of the land. This area of the Western Ridge Development is physically separated from the subdivision by the access road to the development. The area under review is the only portion of the development located to the west of the entrance road into the subdivision. Staffdoes not find this r~zoning request to be inconsistent with this provision of the ordinance. b. Relation to major roads, utilities, public facilities and services; Thisproposal will have no greater impact than previously approved for the site. Therefore, this request is consistent with this provision of the ordinance. Adequacy of evidence on unified control and suitability of any proposed agreements, contracts, deed restrictions, sureties, dedications, contributions, guarantees, or other instruments, or the need for such instruments or for amendments in those proposed; and The applicant has demonstrated unified control of the property. Therefore, this request is consistent with this provision of the ordinance. Specific modifications in PD or general regulations as applied to the particular case, based on determination that such modifications are necessary or justified by demonstration that the public purposes of PD or general regulations as applied would be satisfied to at least an equivalent degree by such modifications. No modification of ordinance provisions has been requested by the applicant. The provisions of Section 19.9.2 of the zoning ordinance state: Within the PRD district, the board of supervisors shall establish minimum setback and yard requirements at the time of establishment of such district The applicant hag requested that setbacks be established as follows: ao Front: 25 feet except that the from yard may be reduced to 10 feet for attached garages for a maximum lineal distance of 28 feet provided that there shall be no openings except for garage doors in any exterior wall of the enclosed structure parallel to the street between 20 feet and 10 feet from the front lot line. 5 Side: 15 feet except that the side yard may be reduced to zero (0) feet in accord with the following provisions: All such structures for which separation and/or side yards are reduced shall be constructed in accordance with the current edition of the Virginia Uniform Statewide Building Code; In the case of yard reduction, the Albemarle County fire official may require such guarantee as deemed necessary to insure compliance with the provisions of this proffer, inclusive but not limited to deed restriction disclosures, and other such instruments and the recordation of the same in the office of the clerk of the circuit court of the county; No structures shall encroach on any emergency accessway as may be required by the Albemarle County fire official; No structures shall encroach on any utility, drainage or other easement, nor any feature required by the zoning ordinance; · The wall of the dwelling trait located within 3 feet of the lot line shall have no windows, doors, or any other type of openings unless permitted by the Virginia Uniform Statewide Building Code; As necessary in a particular case a perpetual wall maintenance easement shall be provided on the lot adjacent to the zero lot line property such that, with the exception of fences, a total width between dwelling units of six feet shall be kept clear of~ll Structures. This easement shall be shown on the final plat and incorporated ha each deed transferring title to the property. Roof overhangs may penetrate the easement on the adjacent lot a maximum of twenty-four (24) inches, but the roof shall be so designed that water runoff from the dwelling placed on the lot line is limited to the lot of the dwelling or the easement area. Building footings may penetrate-the easement on the adjacent lot a maximum of eight (8) inches. c. Rear: 20 feet. [The side setbacks stated above are the same as was proposed in the Zero Lot Line Zoning Text Amendment presented to the Planning Commission and Board of Supervisors in the spring of 1997.1 No modification in standard rear setback has been requested. The standard front setback for a development of this density is 25 feet. The standard side yard is 15 feet, which may be reduced to 10 feet if certain conditions are met. SUMMARY: Staff does riot find the use of zero lot lines or a reduction in front setback to be inconsistent with the pUblic health, safety or welfare. Further, staff opinion is that this rezoning does not result in a change in the character of development within Western Ridge. Generally this request is consistent with provisions of Section 8.5.4. Staff is concerned that this is an inappropriate use of the Planned DevelOpment in that its only for a portion of a larger development; Also, this request allows for the use of zero lot lines for which a Zoning Text Amendment was deferred by the Board of Supervisors in March of 1997. RECOMMENDED ACTION: Staff is able to support this request provided the Planning Commission and Board of Supervisors are satisfied that the use of the Planned Development approach in this case is not circumventing prior decisions made regarding the use of zero lot lines. Should the Board of Supervisors determine that this request is consistent with the Planned Development provisions of the ordinance staff recommends approval of the request subject to the acceptance of the applicant's proffers. ATTACHMENTS: A - Location Map B - Tax Map C - Applicant's Proffers A:\ZMA9801.RPT 7 38-01 Western Ridge Phase 2 TOP TOM M(TJNTAIN OVINGSTO? ALBEMARLE COUNTY 4O [ATTACHMENT Bl WHITE HALL DISTRIOT SECTION 56 ALBEMARLE COUNTY ZMA 98-01 Western Ridge Phase 2 WESTERN RIDGE S:',L~'"F~ WHITE HALL :)I5TRIGT SECTION 56E ~_ o ~ ,oo .o ,~, Date: PROFFER FORM I ~,TTACHHENT C I Original Proffer Amended Proffer (Amendment # ) :~//d./¢~'. ZMA# ~] g-~ I Tax Map Parcel(s) #..5~,¢__, -:E,u¢~_, i, .p,~c_E.L /¢5'"- Acres to be rezofied from ~'z/ to ~ Pursuant to Section 33.3 of the Al ~)emarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall be. applied to the property, if rezoned. These conditions are proffered as a part of the requested rezoning and it i~ agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation' to the rezoning requested. See attached "Western Ridge Phase 2 Proffers". dated March 4, 1998. Signatures of All Owners' /-,/~,,/-~_.~ ~--. ~_.~,~,,4 Printed Names of All Owners Date Signature of Attorney-in-Fact (Attach Proper Power of Attorney) OR' Pdnted Name of Attorney-in-Fact PROFFORM.VVPD Rev. December ~994 WESTERN RIDGE PHASE 2 PROFFERS March 4, 1998 IATTACHI I NT Ci The following proffers (1-4, 6-9 & 11) are the same as proffered and approved by the Albemarle Board of Supervisors for ZMA 94-14 on March 20, 1995. Owner will reserve a 110 foot strip of land in the approximate location shown on the Plan as "proposed Crozet Route 240/250 Connector," (the "Reserved Area") and will dedicate the Reserved Area to public use without compensation at such time as the County of Albemarle or the Virginia Department of Transportation (VDoT) has acquired the balance of the fight-of-way required to build the proposed Crozet Route 240/250 connector road ufdizing the Reserved Area. ReserVation of the Reserved Area shall not be deemed to prohibit owner, successors, and assigns from construction a vehicular access at grade across the Reserved Area sufficient to permit the full development and use of the adjacem parcel labeled "INDUSTRIAL SERVICE" on the Plan. Reservation of the Reserved Area shall not be deemed to prohibit owner from construction a two-lane road intbe Reserved Area in a manner which would not interfere with future construCt(~ :~he c~nnector road, or making other temporary use of the Reserved Area not inconsistent with such construction, as determined by VDoT and then-existing County ordinances. No residential driveways will access directly onto the 110 foot right-of-way. Owner will construct a soccer field in the approximate location shown on the Plan. Owner may provide recreational facilities in lieu of soccer field at owner's option, subject to administrative approval of the County of Albemarle Planning Department. (As of March 4, 1998, this proffer is completed). Owner will clean and repaint (interior and exterior, excluding attic) the existing two-sto~y residence building on the property, and place all heating, electrical and plumbing systems therein in good working order, trim shrubbery and dean up the yard, and convey such building to the Homeowners Association for use as a clubhouse, to be operated and maintained by the Homeowner's Association. The two-sto~j house may be used as a sales center/clubhouse until all lots are sold. (As of March 4, 1998, this proffer is completed). Owner will reserve an average ora 50-foot wide greenbelt along each side of the stream in the area identified as "GREENBELT" on the Plan, to the extent that the greenbelt would be'within the boundaries of the property. No buildings shall be constructed or erected within the greenbelt without the consent of Albemarle County and it shall be preserved in its natural state except for the building of pedestrian trails and general beaufffication including, but not limited to, the clearing of underbrush, removal of dead trees and shrubs, planting of trees and shrubs, cleanup of the stream and use for ufflization for stream crossing for pedestrian or vehicular access in accordance with VDoT standards to adjacent properties. Owner dos not proffer to maintain the greenbelt, and may convey the greenbelt to the Homeowners Association subject to the reservation set forth herein~ The proffer shall not be interpreted to prohibit the location of utilities and easements therefore in the greenbelt. The reservation of the greenbelt will provide that at such fane as the WESTERN RIDGE PHASE 2 PROFFERS March 4, 1_998 [Page 3] 10. County of Albernarle commits to establish and maintain a public area, park or pathway, and assumes responsibility for maintenance thereof, the greenbelt area, upon request of Albemarle County, will be dedicated by owner of its successors to the County, subject to the right of use for pedestrian trails by residents living on the property and subje~ to the right to cross the greenbelt for vehicular access and underground utilities and easements by owner or its successors. Development within the Western Ridge development will be limited to a maximum of 277 single-family attached and detached dwelling units on the property. The attached and detached units will be located approximately in the areas shown on the Plan. The number of units permitted in the area of Tax Map 56E, Block 1, Parcel 'A shall be limited to a maximum of 199 units. Internal roads on the property will be located approximately as shown on the Plan. Additional internal roads will be located pursuant to normal subdivision review. Owner will plant at such time "Proposed Crozet Route 240/250 Connector" is built, or before, two .rows of white pine trees I'5 feet on center (four feet to five feet tall) along the east side of they"Proposed Crozet Route 240/250 Connector" 110 foot "right-of-way," which is contiguous with single-family attached: or detached as is shown on the Plan. The reservation set forth in paragraph one above and the possibility that a four lane road will be constructed within the Reserved Area shall be clearly disclosed in the subdivision covenants and restrictions and on the subdivision plat for all lots adjacent to the Reserved Area, Owner will. develop the property to accommodate a minimum of 230 units, When combined with any units included in the existing Western Ridge subdivision.. The setbacks within the area shown as Phase 2 on a plan titled "Western Ridge" prepared by Muncaster Engineering and last revised 2/13/98 shall be: Front: 25 feet except that the front yard may be reduced to 10 feet for attached garages for a maximum lineal distance of 28 feet provided that there shall be no openings except for garage doors in any exterior wall of the enclosed structure parallel to the street between 20 feet and 10 feet from the front lot line. Side: 10 feet except that the side yard may be reduced to zero (0) feet in accord with the following provisions: All such structures for which separation and/or side yards are reduced shall be constructed in accordance with the current edition of the Virginia Uniform Statewide Building Code; ll. WESTERN RIDGE PHASE 2 PROFFERS March 4, 1998 [ ATTA~HI~IEFIT C! [Page 4t In the case of yard reduction, the Albemarle County fire official may require such guarantee as deemed necessary to insure compliance with the provisions of this proffer, inclusive but not ILmited to deed restriction disclosures, and other such instruments and the recordation of the same in the office of the clerk of the circuit court of the county; No structures shall encroach on any emergency accessway as may be requked by the Albemarle County fire official; Nc structures shall encroach on any utility, drainage or other easement, nor any feature required by the zoning ordinance; The wall of the dwelling unit, parallel to the zero lot tine, located within 3 feet of the lot line shall have no windows, doors, or any other type of openings unless permitted by the Virginia Uniform Statewide Bu'fld'mg Code; As necessary in a particular case a perpetual wall ma'mtenance easement shall be provided on the lot adjacent to the zero lot line property such that, with the excepfion~o£fences, a total width between dwelling units ofsix feet shall be kept clear of all structures. This easement shall be shown on the final plat and incorporated in each deed transferring title tothe property. Koof overhangs may penetrate the easement on the adjacent lot a maximum ~of twenty-four (24) inches, but the r6of shall be designed, with standard gutters, such that water runoff from the dwellingplaced on the lot line is directed to standard downspouts on the front and back of the dwelling. Build'rog footings may penetrate the easement on the adjacent lot a maximum of eight (8) inches. c Rear: 20 feel The proffers contained herein supersede and are offered in lieu of all previous proffers offered by owner with regard to the property. All previous proffers are withdrawn. ,P~age 5--] DESCRIPTION OF REZONING REQUEST: The applicant requests that the area designated as Western Ridge Phase 2 to be rezoned from the current zoning orR4 to PRD (withthe allowance of zero lot lines). The attached plan shows the proposed layout of this phase. This rezoning is submitted for two primary reasons: 1) This request is based on the desire of the applicant t~ increase the density of this phase for the purpose of allowing more variety and flexibility in design; and 2) The other alternative to the PRD is a Zoning Text Amendment. A ZTA has been submitted to allow zero lot lines in R4 zones (ZTA 96-04), but the Board of Supervisors have deferred action. PUBLIC BENEFIT OF THE REZONING REQUEST: This request has many positive aspects which for clarification are outlined and described below. oIncreased Density in the Growth Area This area requested for rezoning is currently zoned R4. The gross density of R4 in the Growth area is typically around 2 dwelling units per acre. The typical net density is around 3 dwelling units per acre. It is understood fi.om staff~ that the zoning designation relates to the gross density allowed by fight. In this instance, the R4 designation would mean that the density would be approximately four dwelling units per acre. As the above numbers indicate, the Growth Areas are utilizing approximately seventy-five percent of the by-right density. By using the PRD designation for this phase, a gross density of approximately 4.0 anda net density of approximately 6.0 are achievable. This is an increase of approximately 100% over the densities curremly obtained. This designation in mm would allow for a more efficient use of the Growth area. Such efficient use would include better utilization of roads, water and sewer lines to accommodate more dwelling units With the same amount of infrastructure. This reduces the unit cost of the infi.astmcture and this saving is passed to the homebuyer, thus better achieving the goal of affordable housing. Availability and adequacy of public water, sewer and roads. Roads w~ be public roads With an urban cross section (curb and gutter), 44' R/W, 36' curb to curb as per VDOT's requirements. JATTACHI~ENT C IPage si Zero lot lines Zero lot lines will be utilized which will allow for more variability and flexibility in design Of the Development allowing for a wider range of homes at different price ranges. The flexibility will attract more homebuyers to the Growth area rather than areas outside of the Growth area. IMPACT OF REZONING REQUEST ON PUBLIC FACILITIES: The impact on public facilities inelud'mg water, sewer and roads will be negligible considering that an increase of 10 lots is requested. Because this is a new Development, measures have been taken to insure that adequate services are available for future sections and any increases in density. IMPACT ON NATURAL, SCENIC AND HISTORIC RESOURCES By granting this request, 10 additional lots will be obtained above what is possible with a by-right R4 development. In comparison to a by-right R4 Development, the impacts on the natural, scenic and historic impacts will be the same. Furthermore, by increas'mg the density in this phase, the any impact will be positive in nature. This is based on the reasoning that increasing the density in the Growth area has less impact on the aforementioned resources in comparison to development outside of the Growth area. DEVELOPMENT PLANS IF ~ PROPERTY IS REZONED: The overall concept of this phase is shown in the attached plan. As is visible, zero lot lines will be utilized in order to increase the density in this phase. Such amemties available to residents in this section would be the clubhouse, pool, exercise facility, tennis courts and playfield as constructed and currently operating. Other amenities would include the open space which surrounds this phase. A berm Will be constructed to minimize the effects of this phase's proximity to the CSX Railroad. OTHER ISSUES IMPORTANT TO REZONING REQUEST: 1 ) The area to the west of this phase is proffered with MA94~ 14 by the Highlands West LimitedPartnership.. This proffer requires that a 110 foot strip of land be reserved for the proposed Route 240/250 Connector Road. This 'land due west of this strip is Zoned Light Industrial. According to the Zoning Ordinance Section 19.9.1 "structurestO be located on the outer perimeter ofa PRD district shall conform to the setback and yard regulation of the adjoining district." This requires that lots adjacent to the proposed connector road to have a setback of 50 feet. I ATTACHMENT C [Page 7J 2) However, under the advisement of the staffin the preapplication meeting, this setback will not apply due to the fact that the future dedication of the proposed connector road and its 110 foot fight-of-way Would provide adequate distance between the PRD district and the Light Industrial district; thereby satisfying the requirements of the ordinance. It was mentioned in the preapplication meeting that this request may represent a "spot zoning" and is not consistent with the ordinance or comprehensive plan. The applicant's reaction to this claim is on the contrary. The minimum requirements of a PRD is three acres. Although this phase is a portion of the Western Ridge subdivision, it is distinctly different and separated from the rest of the subdivision. This phase will be bordered on the East and South by Park Ridge Drive. Half of this road is already constructed. To the North is the CSX Railroad. To the West will be the 110' R/W for the proposed Route 240/250 Connector Road. This phase has definable boundaries and may is easily distinguishable upon field inspection or fi.om a map. In this regards this request is not "spotty" but good planning. Furthermore, this phase and its subsequent success will serve well as a litmus for the rest of the Growth area for the application of zero lot lines. WESTERN RIDGE PHASE 2 PROFFERS May 11, 1998 The following proffers (l-4, 6-9 & 11) are the same as proffered and approved by the Albemarle Board of Supervisors for ZMA 94-14 on March 20, 1995. Owner will reserve a 110 foot strip of land in the approximate location shown on the Plan as "proposed Crozet Route 240/250 Connector," (the "Reserved .Area") and will dedicate the Reserved Area to public use without compensation at such time as the County of Albemarle or the Virginia Department of Transportation (VDoT) has acquired the balance of the right-of-way required to build the proposed Crozet Route 240/250 connector road utilizing the Reserved Area. Reservation of the Reserved Area shall not be deemed to prohibit owner, successors, and assigns from construction a vehicular access at grade across the Reserved Area suffident to permit the full development and use of the adjacent parcel labeled "INDUSTRIAL SERVICE" on the Plan. Reservation of the Reserved Area shall not be deemed to prohibit owner from construction a two-lane road in the Reserved Area in a manner which would not interfere with future construction of the connector road, or making other temporary use of the Reserved Area not inconsistent with such construction, as determined by VDoT and then-existing County ordinances. No residential driveways will access directly onto the 110 foot fight-of-way. Owner will construct a soccer field in the approximate location shown on the Plan. Owner may provide recreational facilities in lieu of soccer field at owner's option, subject to administrative approval of the County of Albemarle Planning Department. (As of March 4, 1998, this proffer is completed). Owner will clean and repaint (interior and exterior, excluding attic) the existing two-story residence building on the property, and place all heating, electrical and plumbing systems therein in good working order, trim shrubbery and clean up the yard, and convey such building to the Homeowner's Association for use as a clubhouse, to be operated and maintained by the Homeowner's Association. The two-story house may be used as a sales center/clubhouse until all lots are sold (As of March 4, 1998, this proffer is completed). Owner will reserve an average ora 50-foot wide greenbelt along each side of the stream in the area identified as "GREENBELT" on the Plan, to the extent that the greenbelt would be within the boundaries of the property. No buildings shall be constructed or erected within the greenbelt without the consent of Albemarle County and it shall be preserved in its natural state except for the building of pedestrian trails and general beautification including, but not limited to, the cleating of underbrush, removal of dead trees and shrubs, planting of trees and shrubs, cleanup of the stream and use for utilization for stream crossing for pedestrian or vehicular access in accordance with VDoT standards to adjacent properties. Owner dos not proffer to maintain the greenbelt, and may convey the greenbelt to the Homeowners Association subject to the reservation set forth herein. The proffer shall not be interpreted to prohibit the location of utilities and easements therefore in the greenbelt. The reservation of the greenbelt will provide that at such time as the Date: BOARD OF SUPERVISORS Original Proffer Amended Proffer -5- £-¢ -~ -- .,, mendment # PROFFER FORM ZMA # q~.O! Tax Map Parcel(s) # ¢4~ ¢jL¢¢E t P,o, ec~ ,'~ Acres to be rezoned from.. -~¢ to ~/2/~ Pursuant to. Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned. These conditions are proffered as a part of the requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning requested. See attached "Western Ridge Phase 2 Proffers" dated May 11, 1998. Signatures of All Owners/ Printed Names of All Owners Date OR' Signature of Attorney;in-Fact (Attach Proper Power of Attorney) Printed Name of Attorney-in-Fact PROFFORM.WPD Rev. December 1994 WESTERN RIDGE PHASE 2 PROFFERS May 11, 1998 10. County of Albemarle commits to establish and maintain a public area, park or pathway, and assumes responsibility for maintenance thereof, the greenbelt area, upon request of Albemarle County, will be dedicated by owner of its successors to the County, subject to the fight of use for pedestrian trails by residents living on the property and subject to the right to cross the greenbelt for vehicular access and underground utilities and easements by owner or its successors. Development within the Western Ridge development will be limited to a maximum of 277 single-family attached and detached dwelling units on the property. The attached and detached units will be located approximately in the areas shown on the Plan. The number of units permitted in the area of Tax Map 56E, Block 1, Parcel A shall be limited to a maximum of 199 units. Internal roads on the property will be located approximately as shown on the Plan. Additional internal roads will be located pursuant to normal subdivision review Owner will plant at such time "Proposed Crozet Route 240/250 Connector" is built, or before, two rows ofwhite pine trees 15 feet on center (four feet to five feet tall) along the east side of the "Proposed Crozet Route 240/250 Connector" 110 foot "right-of-way," which is contiguous with single-family attached or detached as is shown on the Plan. The reservation set forth in paragraph one above and the possibility that a four lane road will be constructed within the Reserved Area shall be clearly disclosed in the subdivision covenants and restrictions and on the subdivision plat for all lots adjacent to the Reserved Area, Owner will develop the property to accommodate a minimum of 230 units, when combined with any units included in the existing Western Ridge subdivision.. The setbacks within the area shown as Phase 2 on a plan titled "Western Ridge" prepared by Muncaster Engineering and last revised 2/13/98 shall be: Front: 20 feet except that the front yard may be reduced to 10 feet for attached garages for a maximum lineal distance of 28 feet provided that there shall be no openings except for garage doors in any exterior wall of the enclosed structure parallel to the street between 20 feet and 10 feet from the front lot line. Side: 10 feet except that the side yard may be reduced to zero (0) feet on one side in accord with the following provisions: All such structures for which separation and/or side yards are reduced shall be constructed in accordance with the current edition of the Virginia Uniform Statewide Building Code; WESTERN RIDGE PHASE 2 PROFFERS May 11, 1998 ll In the case of yard reduction, the Albemarle County fire official may require such guarantee as deemed necessary to insure compliance with the provismns of this proffer, inclusive but not limited to deed restriction disclosures, and other such instruments and the recordation ofthe same in the office of the clerk of the c'trcuit court of the county; No structures shall encroach on any emergency accessway as may be required by the Albemarle County fire official; No structures shall encroach on any utility, drainage or other easement, nor any feature required by the zoning ordinance; The wall of the dwelling unit, parallel to the zero lot line, located within 3 feet of the lot line shall have no windows, doors, or any other type of openings unless permitted by the Virginia Uniform Statewide Building Code; As necessary in a particular case a perpetual wall maintenance easement shall be provided on the lot adjacent to the zero lot line property such that, with the exception of fences, a total width between dwelling units of six feet shall be kept clear of all structures. This easement shall be shown on the final plat and incorporated in each deed transferring title to the property. Roof overhangs may penetrate the easement on the adjacent lot a maximum of twenty-four (24) inches, but the roof shall be designed, with standard gutters, such that water runofffom the dwelling placed on the lot line is directed to standard downspouts on the front and back of the dwelling. Building footings may penetrate the easement on the adjacent lot a maxtmum of eight (8) inches. Rear: 20 feet. The proffers contained herein supersede and are offered in lieu of all previous proffers offered by owner with regard to the property. All previous proffers are withdrawn. April 22, 1998 COUNTY OF ALBEMARLE Dept. ot Planning & Community Development 401 Malntire Road Charlottesville, Virginia 22902-4596 t804) 296-5523 3,~-,'24-c o ..... Charles F. Pietsch Rt. 2, Box 74 Earlysville, VA 22936 RE: SP-98-10 Charles Pietsch - The Meeting Place Tax Map 32. Parcel 17E Dear Mr. Pietsch: The Albemarle County Planning Commission at its meeting on April 7, 1998 unanimously recommended approval of the above-noted petition to the Board of Super~sors. Please note that this approval is subject to the following conditions: Applicant shall comply with all site development plan requirements of Section 32.0 of the Zoning Ordinance, including but notllimited to provision of septic/sewer, parking, and fire protection. Facility shall be operated in general accord with the applicant's justification dated 2/23/98 and initialed "SET (Attachment C)," The facility sha. ll be used only to support uses which are located within the Industrial Service, Office Service, or the Institutional land use areas within the Community of Ho!lymead as designated in the Land Use Plan adopted June 5, 1996. a. The uses of the facility authorized by this special use permit are: 1. Meetings, including training anc~ other business related activities, such as award ceremonies, business breakfast, lunch and/or dinner functions, and sales meetings held by any of the occtlpants of the above-cited land uses. Page 2 April 22, 1998 Professional association meetings. These meetings are not required to be hosted by current occupants of the above-cited land uses but must be associated with the permitted uses therein. Private or non-business events such as weddings, religious services or private parties are prohibited. 4. Facility shall be limited to 2,000 sq ft in size. Please be advised that the Albemarle County Board of Supervisors will review this petition and recmve public cormnent at their meeting on May 13, 1998. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supermsors 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, Susan E. Thomas Senior Planner SET/jcl cc: Ella Carey Amelia McCulley Jack Kelsey STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: SUSAN E, THOMAS APRIL 7, 1998 MAY 13, 1998 SP 98-10 CHARLES P1ETSCH Applicant's Proposal The applicant is requesting approval to use an existing 2,000 sq ff building as a meeting facility commercially available to area businesses in the Light Industrial District located along Doble Arm Drive, as well as businesses located beyond the district within the larger Hollymead Community. Petition Proposal to use an existing facility for a supporting commercial use [27.2.2(14)], as an off-site meeting facility for area businesses. The property, zoned LI, Light Industrial, and AIA, Airport Impact Area, and described as Tax Map 32 Parcel 17E, is located at the intersection of State Route 649 (Airport Road) and Doble Ann Drive in the Rivanna Magisterial District. This site is designated for Industrial Service in the Community of Hollymead. (See Attachment A, location map; Attachment B, plat; Attachment C, applicant's justification) Character of the Area The Airport Road corridor is characterized by a mix of uses, with Industrial Service predominanl along the northern side of the road and a mix of Institutional [airport], Neighborhood Density Residential (3-6 dwelling units/acre), and Office Service along the south side. The Light Industrial zoning district along Doble Ann Drive in which the subject parcel is located consists of 7 lots; there is additional LI, Light Industrml, zoning to the west and north. East of this parcel is a small area of RA, Rural Areas, zoning, more LI and further to the east, the North Fork Research Park. To the south across Airport Road (State Route 649~ is Deerwood Subdivision (R-4, Residential) and CO, Commercial Office, immediately to its east. RECOMMENDATION: Staff has reviewed the proposal for conformity with the Comprehensive Plan, and the criteria listed in Section 31.2.4.1 of the Zoning Ordinance. and recommends approval with conditions. Planning and Zoning Itistorv ZMA 79-46, approved 10/16/80, rezoned 6 acres from A-1 to M-1. SP.80-37, approved 7/16/80, approved request to operate truck terminal on 10 acres zoned M-1. This property also has been used as a horticultural nursery, and was vacant until the current usage commenced, approximately 12 months ago. Comprehensive Plan This property is located in the Community o£Hollymead. The general area where this use is requested is recommended for Industrial Service. "Supporting Commercial, Hotel/Motel/ Conference" are identified as secondary uses which may be appropriate in the Industrial Service designatiom Recommendations from the 1996 Comprehensive Plan, Land Use Plan, of relevance to this project are: Hollymead is intended to be a mixed use community that allows people to live in close proximity to their workplace, shopping and service areas. A wide variety of housing types, service and jobs are anticipated. Community-wide automobile dependence should be reduced by encouraging transit-oriented development and providing a full range of pedestrian and bicycle facilities such as walkways and bike paths that connect the residential and transit nodes to the employmenffshopping and service areas. (p. 78) The area west of Route 29 North is intended for industrial and office uses as a large employment area. It is expected tlmt these uses will be "basic" employment generators and potentially of a large scale and with an airport orientation. (p. 78) Transportation Improvements [to] include: Alignment improvements and widening of Airport Road from its intersection with Route 29 North to the airport. Access to this road should be controlled and minimized to the greatest extent possible through the use of joint entrances. (p. 80) (see Attachment D, Engineering comments) STAFF COMMENT: In making its recommendation for all Special Use permits, staff addresses the provisions of Section 31.2.4.1 of the Zoning Ordinance. The Board of Supervisors hereby reserves unto itself the right to issue aH special use permits permitted hereunder. Special use permits for uses as provided in this ordinauce may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property_. As previously mentioned, the applicant proposes to use an existing facility in an LI district for a supporting commercial use, that of a location for meetings, training sessions, and other special events that for various reasons cannot be accommodated by individual businesses, professional groups, etc. in the area. No change is anticipated to the facility itself, although some site improvements may be necessary in the form of additional and/or improved parking area and enlargement/improvement of the septic system. It is also unclear at the present time to what degree the site will be impacted by the proposed realigmnent/widening of Airport Road, since that design has not been finalized. Because the structure will essentially be unchanged, and the proposed use involves non-intensive, indoor activity with few external impacts, in staff's opinion the only significant impact to adjacent property would be a visual one, resulting from increased and/or reorganized parking on the site. Staff further finds that the proposed use will not be detrimental to adjacent property and may in fact have a positive impact by satisfying meeting and training location needs generated by the local business community at a site within the immediate area, thereby reducing traffic, travel time, and the need for duplicate facilities. Staff cautions, however, that permitted activities should be those related to the on-going activities and character of existing uses of the area, (Industrial Service and Office Service Land Use Plan designations, LI and CO zoning districts), and should not include regularly scheduled personal, religious, or non-business related uses. (See Attachment E, Zoning comments) that the character of the district will not be changed thereby, The character of the district will be not be negatively changed by this supporting commercial use, which under the applicant's proposal does not appear to be distinguishable in terms of impacts from the LI [by-rightI use. Because much of the district is characterized by small, owner occupied establishments whose ability m expand or add facilities of this nature may be limited by the existing development and/or conditions around them, staff finds that the proposed use supports and is compatible with the character of the district, enhancing its stability by providing a needed facility and/or service. Correspondence received from adjacent and area business owners indicates a desire and in some cases a need for facilities of this nature. (See Attachment F) Staff suggests that the flexible usage requested by the applicant is appropriate to meet the changing needs of an area experiencing the type of mixed development and, in some cases, redevelopment occurring here, and reflects the Land Use Plan recommendation for "a mixed use community that allows people to live in close proximity to their workplace, shopping and service areas. A wide variety of housing types, service and jobs are anticipated." 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 any of these Sections of the ordinance, and finds that the proposal meets the purpose and intent expressed in the following provisions: 1.4.2 "To reduce or prevent congestion in the public streets;" 1.4.3 "To facilitate the creation of a convenient, attractive and hamaonious community;" 1.4.7 "To encourage economic development activities that provide desirable employment and enlarge the tax base;" 1.5 "This ordinance is designed to treat lands which are similarly situated and environmentally similar in 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 .... "[italics added] with the uses nermitted bv right in the district, The proposed use does not conflict with the uses permitted by right in the district, and is intended to support those uses by providing in one location a facility which may be used by numerous small businesses in the LI district and Community of Hollymead. Although it can be argued that similar facilities are currently available at the Charlottesville Albemarle Airport, correspondence received from the airport administration indicates that these facilities are frequently reserved in advance and thus may become increasingly inaccessible not only to the small user but to users of all sizes. Furthermore. staffpoints out that the commercial facilities approved as part of the North Fork Research Park were intended for the support and use of the tenants of that planned development, and not scaled to the established small enterprises characteristic of much of Airport Road and the surrounding area, including the airport and its associated commercial uses. An issue of concern to staff is the potential substitution or supplanting by other uses of those intended for the LI district, thereby weakening the effectiveness of the district. However, in this case there are a number of factors related to the nature of the by-right uses in the immediate Doble Ann Drive LI district and wider Industrial Service and Office Service areas that support the flexible application of this Ordinance provision: · the established mixed use nature of the area; the changing needs of the existing industrial and commercial business community, including but not limited to the need for periodic training by area businesses; civic and business group meeting sites, etc; the future growth of the airport and surrounding commercial area, likely to increase the demand for available meeting space; 4 · the need for adaptive re-use of smaller industrial structures; the desirability of maintaining a viable older industrial/commercial area near an emerging large scale planned industrial development; this facility can provide meeting space appropriate for smaller industries/businesses. with additional regulations provided in Section 5.0 of this ordinance, Section 5.0, Supplementary Regulations, of the ordinance does not address this Special Use permit request to allow supporting commercial uses in a LI district. However, Section 9.0 of the Zoning Ordinance provides regulations for establishment of secondary uses, in this case a supporting commercial use in an LI District. Section 9.4 states: "Secondary uses are intended to be complementary of and subordinate to pranary uses." Section 9.4.2 further states: "Other secondary uses shall comply with the following limitations: (b) Total floor area devoted to supporting commercial uses shall not exceed five (5) percent of the total floor area devoted to primary uses; (d) As to motel/hotel/conference use, the applicant shall demonstrate that such use is intended to be complementary of and subordinate to primary uses m terms of scale, contractual agreements with primary uses, or otherwise. Staff finds that this proposal meets the requirements of Section 9.4.2(b) as a supporting commercial use when the land encompassed by the LI district as a whole in this area is considered to be the primary use, which is the intent of this facility as previously described in this report. Similarly, due to its relatively small size and location witkin the Airport Road industrial corridor, The Meeting Place complements and depends upon the primary uses in the LI district. It is unlikely to appeal to businesses beyond the more immediate area or those located closer to the urban center who either need more space or have other options available. and with the public health, safe .ty. and general welfare. Staff cannot identify any adverse effects to the public health, safety, and general welfare that will occur if The Meeting Place is approved. Staff notes that the applicant must comply with the Site Development Plan requirements set forth in Section 32.0 of the Zoning Ordinance. Connection to the existing sewer line located in Deerwood Subdivision may be required due to impacts to this site from the widening/realignment of Airport Road. SUMMARY: The Meeting Place can provide a needed supporting commercial use for an established LI district and a larger mined use Industrial Service/Transitional area by providing flexible space for off-site training, meetings, and other activities associated with the primary function of the district. RECOMMENDED ACTION: Staff recommends approval of SP 98-10, subject to the following conditions: 1. Applicant shall comply with all site developmem plan reqtdrements of Section 32.0 of the Zoning Ordinance, including but not limited to provision of septic/sewer, parking, and fire protection; 2. Facility, shall be operated in general accord with the applicant's justification dated 2/23/98 and initialed "SET;" 3. Permitted uses of the facility to include only those of a supporting commemial use nature for Industrial Service and Office Service, as described in the March 30, 1998 memorandum from Building Code and Zoning Services (Attachment E); 4. Facility shall be limited to 2,000 sq ft in size. ATTACHMENTS: A - Location Map B - Plat C - Justification for Special Use Permit by Applicant D - March 25, 1998 Engineering Memorandum E - March 30, t998 Zoning Memorandum F - Correspondence from Area Businesses I: GENERALISHAREITHOMAS1P1E~CH. SP 6 ALBEMARLE COUNT'~ IATTACHMENTAI" "' 20 X SP 't'he .J i 221 WHITE L ~ HIV~,N N,~ DISTRICTS SEOTION ~2 fJNAt, L 0E &DOEO ~ I'N~ WE~TERN~ / . \ ~'. LOT '; '% I ~ I / WATER LINE EASEMENT DEDICATION PLAT AIRPORT CENTER LOCATED Or4 STATE ROUTE 649 RIVANNA MAGISTERIAL DISTRICT ALBEMARLE COUNTY, VIRGINIA LOT I rl~£ H__Y_D~_AN.~_T O__R BL__OW-__~F ASSEMBLY tod DATE: MARCH 20, 1984 WILLIAM ~. RO[IDAIUSH, INC. I ATTACHHENT C I EXHIBIT 1 How will the proposed special use affect adjacent property? The proposed special use, The Meeting Place, Will not have any detrimental impact on adjacent properties. The Meeting Place will not create noise, smoke, dust, or other hazardous or deleterious environmental conditions. All activities will be conducted in an enclosed building. Smaller business groups primarily will use The Meeting Place during normal business hours. Most of the larger social activities at The Meeting Place will take place in the evenings and on weekends. Because The Meeting Place will be located at the northeast intersection of State Route 649 and DobleAnn Drive, The Meeting Place will not affect the flow of traffic on DobleA~m Drive. There is sufficient on-site parking. How will the proposed special use affect the character of the district surrounding the property? The Meeting Place will not change the character of the light industrial district surrounding the property. It will simply provide a low-impact commercial service that will provide much needed support for the businesses located in the district. Many of the businesses located in the district surrounding The Meeting Place arc small firms with limited space for various functions such as safety, sales, or training meetings. The Meeting Place will provide those businesses with a convenient and inexpetlsive forum to hold such meetings. Many of the businesses have already expressed support for The Meeting Place and have indicated that they would utilize The Meeting Place's facilities. The letters of the owners of businesses in the district surrounding The Meeting Place are attacbed hereto as Exhibit 3. How is the use in harmony with the purpose and intent of the Zoning Ordinance? The overarching purpose and intent of the Zoning Ordinance is to promote the health, safety, convenience, and general welfare of the public and to plan for the future development of communities. The Meeting Place's consonance with the public health, safety and welfare is discussed in detail below. The Meeting Place is in harmony with the specific intent of the Zoning Ordinance provisions relating to industrial districts. Under Section 26.1 of the Zoning Ordinance, industrial districts are intended to provide places of employment and to strengthen the local economic base. The Meeting Place will provide employment and will also encourage economic development and growth by filling the needs of local businesses. As stated above, many of the businesses in Northern Albemarle County do not have sufficient space for meetings. The Meeting Place will save members of the business community both time and money by providing a venue at which they can convene, without having to travel to the City of Charlottesville. The Meeting Place will strengthen the local economic base by keeping funds in Albemarle County that might othenvise go to the City of Charlottesville and its businesses. The profits generated by the Meeting Place will enlarge Albemarle County's tax revenues. Having a The Meeting Place Application for Special Use Permit Exhibit 1 Page 2 convenient, accessible, and inexpensive facility might even encourage businesses to locate, or stay, in the area. Section 26.1 of the Zoning Ordinance provides that "[i]t is further intended that the enlargement and expansion of existing uses shall be encouraged as well as development of new uses appropriate to the character of industrial districts." (Emphasis added.) Light industry districts are to permit "limited commercial uses which are compatible with and do not detract from surrounding districts." Zoning Ordinance § 27.1. For all the reasons stated herein, the Meeting Place, which will constitute a limited commercial use, is compatible with and does not detract from the immediate or surrounding districts. It is a new use, the development of which is to be encouraged, consistent with the provisions of the Zoning Ordinance. How is the use in harmony with the uses permitted by right in the district? The chief function of the Meeting Place is consistent with light industrial uses of right such as scientific or technical education faciliti,es, public facilities, and business and professional office buildings. Zoning Ordinance § 27.2.1 (7), (12), and (14). Each of those uses of right provides a forum at which members of the community congregate, in groups of various sizes, for both business and/or recreational activities. The Meeting Place will serve that function, as well, and is thus consonant with the light industry uses permitted by right. What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use? The regulations provided in Section 5.0 of the Zoning Ordinance do not apply to the Meeting Place. How will this use promote the public health, safety, and general welfare of the community? The Meeting Place will provide a unique and important service to individuals and commumty groups. There is no similar facility in Northern Albemarle County. Although the conference room at the Charlottesville-Albemarle Airport is utilized by public groups, it does not accommodate more than 20 people. The Meeting Place will accommodate up to 100. As stated in a letter (attached hereto as part of Exhibit 3) from Barbara Hutchinson, Director of Finance & Administration for the Charlottesville~Albemarle Airport Authority, the Meeting Place will alleviate the strain on the Charlottesville-Albemarle Airport Authority caused by the public use of its popular conference room. The Meeting Place will therefore perform a public service, without requiring the expenditure of public funds. The Meeting Place Application for Special Use Permit Exhibit 1 Page 3 Describe in detail and include all pertinent information such as the nutnber of person involved in the use, operation hours, and any unique features of the use: The Meeting Place will be a commercial establishment that will provide a forum for groups to hold various functions. It will serve as an attractive, convenient, and well-equipped facility for meetings, seminars, conferences, showers, and parties. The Meeting Place will accommodate all kinds of business, civic, social or church events for parties ranging from 10 to 100. The Meeting Place will contain a kitchen, but will not serve food or beverages. The Meeting Place will be available for functions during the day and evening. It is likely that social activities will be held primarily in the evening and on weekends, while business functions will be held during normal business hours. Because The Meeting Place is a new venture for Northern Albemarle County, it is difficult to predict the extent of use. For further information, including pictures of the facility, please see the Brochure attached hereto as Exhibit 4. 3 IATTACHIflENT D I COUNTY OF ALBEMARLE Department of Engineering & Public Works MEMORANDUM TO: FROM: DATE: RE: Susan Thomas, Senior Planner Glenn E. Brooks, Senior Engineer 25 March 1998 Charles Pietsch, special use permit The special use permit application for a "supporting commercial use" (meeting room facilities) received on lC March 1998 has been reviewed. A slight realignment of DobteAnn Drive and a slight northward shift of Airport Road (Rt. 649) is anticipated at this location, as part of the VDOT and Charlottesville Albemarle Airport project to rcbui [d Rt. 649. There do not appear to be any other issues to be addressed with this use. The projected traffic (below 350 vehicle trips per week) does not warrant a paved parking area according to the Zoning Ordinance section 4.12.6.3. The Engineering Department recommends approval. Please contact me at your earliest convenience if you have questions or require additional inlbrmation. GEB/ Copy: SP-98-10 File: PIETSCH.SPI Buildin9 Code Information (804) 296~5832 COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 Mcln§re Road. Room 223 Charlottesville. Virginia 22902-4596 FAX (804) 972-4126 TTD (804/972-4012 ATTACHMENT E] Zoning Information (8O4) 296-5875 MEMORANDUM TO: Susan Thomas, Senior Planner FROM: Jan Sprinkle, Chief of Zoning Administration DATE: March 30, 1998 RE: SP 98-10, Pietsch This item came to our attention byway of a building permit for some internal changes. The name "the Meeting Place" was noticed on the permit and John Grady called Charlie Pietsch to ask what the name meant. It was then that we learned that he had been renting the space for small group meetings for about 6 to 12 months already. At first I thought the use was [otally out of character with the LI district. However, after looking throught the allowed uses, I decided that possibly it could fit, with only a slight stretch, under the supporting commercial uses. The zoning ordinance does not have any meeting place, conference center or similar specified use in any zoning district. It seems that such a place would be allowed only as accessory to some other use allowed by right or SP. Thus, it's not much of a stretch to think that it could be supporting commercial to a whole industrial comp plan area. That's the way the Western Ridge Day Care was viewed. They had to consider the entire comp plan area along Rt. 250 towards Crozet to come up with enough square footage to allow what was desired for the day care. Similarly, if we consider the entire comp plan area plus the airport (which in my opinion should be industrial), we can come up with enough square footage to allow Pietsch's building. The closest uses allowed would be things like: churches, clubs, hotel/motels, fire stations-all places that have some other primary purpose, but also have areas of assembly available to their members, clients, or the general public. Most of these are "surge uses" and are allowed by right in various commercial districts. Again, showing "accessory commercial". I think if this use had been requested in a commercial zoning district, we would have found it similar and allowed it by right. That's just speculation, but probably. The only problem I have from a zoning standpoint is how to rule out assembly uses such as weddings or churches that have nothing to do with any industrial zone or use. Perhaps, if approved, there could be a condition restricting the use to industrially related functions, or at least office type uses. Somehow rule out personal, religious, or non-business related uses. Homes. ^crea~je, Farms and Eslates AIRPORT OFFICE CENTER ]5~0 Airpofl Road. Suile 101 Charlollesville. Virginia 22(.)11 Telephone 804-973-1tll Facsimile 804-973-2794 February 3, 1998 Mr. Charles F. Pietsch Route 2, Box 74 Earlysville, Virginia 22936 Re: The Meeting Place, Airport Center, Route 649. Dear Mr. Pietsch: Pe..r,~your request subject as above, this is to convey to you that I have no objection to your facility b~Attilized as you are apparently using it at present. I dofft believe we at Virginia Realty Ltd or the Airport Office Center will have the requirement to use your facility, but only you must know if there is presently sufficient demand for such a facility. I feel we dofft know at this point what planning goals or objectives lie ahead for this neighborhood and community, although they are apparently changing. Sincerely, Broker Member': Multiple Listing Service and Charlollesville Albemarle Board of REALTORS*~ Virghda Association of REALTORS® (VARt; Na- tional Association of REALTORS® (NAR): REALTORS® Land Institute (RLI} ol NAR: Commercial-Investment Re~ Estate Council ICIREC) of ~EALTORS* ~ational Marketing In~ilut~ (RNMI) o{ NAR' International Real Estate Federation (FIABCII ol NAR and Worldwide Pro- ['hone 18(/4) 978-2100 ,MrlJort ('cnlcr. PoM Off icc Box 6220 Charloltcsvillc. Virginia 22906-6220 CHARLOTTESVILLE Bureau of Credits, Inc. February 5, 1998 Mr. Charles F. Pietsch P, O. Box 7077 Charlottesville, Va. 22906 RE: The Meeting Place Dear Mr. Pietsch: 1 understand that you must apply for a special use permit from the county in order to uti- lize the building at 3665 DobleAnn Drive as a meeting place for various groups who might be interested in renting it on a short-term basis. We certainly have no objection to this use of the building, in fact we feel that a clean, neat, quiet use of this building would enhance the flavor of the neighborhood. We have a small conference room in our building at 3690 DobleAnn Drive; however, it is only suitable for 8-10 people. If your special use p~rmit is granted, we envision that we could make use ot your facility from t~me to tnne for business meetings, trammg sessions, etc. In fact, we will be scheduling a local seminar later this summer, so please let us know when your "meeting place" is up and running. We would like to consider it for a two-day rental. JMH:hs HALEY, CHISHOLM & MORRIS, INC. OENERAL CONTRACTORS February 5. 1998 County of Albemarle Planning Commission and Board of Supervisors RE: Special Use Permit "The Meeting Place" Rt. 649 Airport Road Dear Commission and Board Members: I wholeheartedly endorse the issuance of a special use permit for The Meeting Place". There is a real need tbr this type facility in our area The proposed use would be less mmnse Ihan edger uses presenlly allowed 11 would reduce traffic between this area and the inconvenient and often substandard facilities in Charlottesville. The majority ~t' the ntilization would take place during off- peak traffic periods in this area. Haley, Chisholm & Morris. Inc. would use this facility for it'g first aid, CPR and other safety training as well as supervisory meetings. This would normally involve fifteen to twenty-five personnel. The practicality of' granting this special use permit should be one of the easiest decisions lhe plamdng commisskm and board ofsnpervisors has ever had.to make. Sincerely, Michael T. Boggs President & CEO MTB/sr FOSTER WELL & PUMP COMPANY, INC. 3705 l)obleann Drive Charlol,tesville, Virginia 22901 (804) 973-9079 1-800-827-9079 Fax (804. 973-8838 F:'~:'hi * .,ry 6. 1998 ALE EMAKt_E COUNTY ZONII'iI ~ ~t .I-' I- To Whom It May Concern: [ w,::.,. 1 c~ I:;t to take this c, ppc, rtunJ ty t :', ,. [ [:,'.., my opinion regarding the rec, uest f CI~,¥"]e~ Fzets_h and "The Meetinq F]a . at Air~, ~,,,ur, F.'.:L~te 649, Albemarle Cc, unty. Being an adj,'",~r,'i,,g land owner and operating this busi~,,, ~,ithin ;~.: Airport Center Industrial Park. 'i~.~b bhe additic, n of a facility such as "The r.1~:~,.~ ;~qg Place" is not only beneficia~ the Charlottesville/Albe. ~ ..:~a. but an asset to the immediate vi,:::~, L:/ of Airport Center. This I. ocati,.., ideal for someone bring, ~ .... :~le in from OLIt of town and centl' ~ .,,,,gh for businesses ~hrougl".,,,~ the Cha't-lo~esville and surroundirq,~ keeping,d ,vJl;h the surrounding businesses. The u.l.;i ' on of the building wc, uld offer no mc, re noise -Lion than is currently consistent with this area. huve no objecti,~ns to the requeet of ~'~ . · Pietsch operating the facility at Airport Ce~,!.~.,. the manner described. It is Yzur ,:onsideratior] '' i .,.anner is greatly appreciated. Sincerely ~ Donald W Foster F"r (:-,':. [ dent AIRPORT Charlottesville/Albemarle February 9, 1998 Mr. Charles F. Pietsch P. O. Box 7077 Charlottesville, VA 22906 Dear Mr. Pietsch: 1 was very sorry to learn of the zoniog dilemma associated with the use of your Route 649 ~hcility as a meeting room available l~)r rent to the public. The Airport Authority bas a conference room tbat we are required to make available to the public; however, it has become so popular we now have difficulty some weeks reserving it for our own use. The types of groups reserving this room include attorneys who schednle depositions mid can easily fly in and out without a trip to town, a physical therapy corporation who conducts monthly (sometimes bi-monthly) employee meetings, other local govermnent agencies, a club o£mtired Air Force officers, etc. We were looking tbrward to having an alternative close to tbe airport to which we could tel'er fl~ese groups, especially those that have outgrown the 20 person capacity of our room. The purpose of this correspondence is to offer our support and to state our desire for your project to be approved. Best Regards, j Bm'bara Itutcbinson Director of Finance & Administration Chadottesviile-Albemarle Airport Authority 201 Bowen Loop · Charlottesville. VA 22901 o (8041 973-8341 Fax t804) 974-7476 BLtLIE RIDGE FLJGHT CE'IVT. ER, IIVC. 306 Bowe:,, Loo[:, Office: 8o4/0"/8-21~,I Charlottesville. Virginia ~9n Fax: 8o4/9-/8-'F/9-/ February 19, 1998 Mr. Charles Pietsh ILO. Box 7077 Charlottesville. Va 22906 l)ear Mr. Pietch_ This is iu response to your letter outlining your plans to ose a buikling on your property li'o,ltiug Rt. 649 as a commercial meeting t)tace. My company, Blue Ridge Flight Center. is a locally owned small business aud, as such. pret~rs dealiug with and supporting other small enterprises. We woukl welcome a fimility like the one you phm and would not hesitate to request use of it should the need arise~ Personally, I travel on Rt. 649 daily and appreciate the improve- me,Its you have recently ~nade to the properly ince[ely, Diane Gibsoo AMVEST CORPORATION February 23, 1998 Charles F. Pietsch Pietsch Construction PO Box 7077 Charlottesville, VA 22906 Dear Charlie, Thank you for the information on your proposed meeting and conference facility on Airport Road (The Meeting Place). It sounds like this will be a fine facility to have meetings, seminars, and other events in the Route 29 North, airport vicinity. I write this letter on behalf of AMVEST Worrell Joint Venture. We maintain a hangar I:acility at the north end of the airport and provide support facilities for corporate aircraft. You indicated that you are seeking a special use permit for your property on Airport Road. We have no objections to the proposed use and [eel that it will not ruin the neighborhood In fact, it should provide more facilities and amenities to that section of the county. We welcome your proposed facility as a new neighbor in the airport area. I know t have been a little bit slow in getting this letter back to you. hope that this will help your endeavors in getting this fine project off the ground. Most sincerely,,.~ / Stuart P. Smith Vice President Corporate Development SPS/esm BIP, IABB & IIIIIIA UIIIIJI/IITB PIN 1927041 ' February 23, 1998 To Whom It May Concern: RE:Charl~e Pivts~h Just to let you lalow that oll De, half of the EXCEL l~zesen~vcs in ~s ~ we ~ ~ ~ ~e ~l~ag al 3665 ~1~ for ~ ~t 17 ~n~r ~Ve ~e a Ve~ large ~oup of repre~n~fiv~ f~ ~s ar~ ~ w~ ~ a lot Of ~hv~ ~m OUt si~ ~S ~ that ~mc ~re on a w~y ~a. ~e I~tion of ~a ~l~g is of ~t h~p m ~ not o~y ~ to ~e ~ ~s~em, ~t al~ duc m ~e clo~s ~c ~ ~c p~ a ~ fimc is ~ would ~ m ~ ~1~ to c~t~u~ ~i~ t~s ~iH~ fo~ o~ ~fa~ aM ~ Lsmb Rcgional Dm~or Charlottesville-Albemarle Chamber of Commerce "dedicated to representing the private sector, promoting business and enhancing the quality of life in our community." February 24, 1998 MS. Jane Sprinkle Board of Zoning Appeals County of Albemarle 401 Mclntire Rcad Charlottesville, VA 22901 Dear Ms. Sprinkle, On behalf of Mr. Charles Pietsch we hope that you will consider Mr. Pietsch'~ request for rezoning The Meeting Place. There are many businesses on Route 29 and surrounding areas. I believe the community would greatly benefit by having a facility close by to c, pnduct business meetings, training seminars and even family odented events such as wedding showers and baby showers. There are many events that would be appropriate to conduct at The Meeting Place. We ourselves were looking for an inexpensive place to meet for our New Member Orientation meetings. I have contacted The Meeting Place due to the convenience for many of our members. Allowing The Meeting Place to serve many businesses and social groups will also bdng more customers to the Albemarle County Restaurants in the area. Thank you in advance for your consideration. We hope to learn soon thal you have acted [avorably on his rezoning request. Respectfully, cc' Mr. Charles Pietsch Rt. 649 Airport Road P.O. Box 7077 Charlottesville, VA 22906 P. O. Box 1564 · Fifth & Market Streets · Charlottesville, Virginia 22902-1564 Telephone (804) 295-3141 Fax (804) 295-3t44 http:#www, cvilIechamber.org 11 February 1998 AVIONICS SPECIALTIES, INC. P,O. BOX 6400 CHARLOTTESVILLE, VIRGINIA 22906 (804) 973-3311 PIETSCH CONSTRUCTION Commercial Interiors Route 649 Airport Road P. O. Box 7077 Charlottesville, Virginia 22906 Attention: Charles F. Fietsch Dear Mr. Pietsch: In response to your letter of 2 February 1998, and your appeal for support in justifying a permit to operate your business in this community, Avionic Specialties, Inc. is hOC opposed. Our facility is located in Earlysvil~e and would welcome a service of your kind should we need a Meeting Place for conferences, train- ing and/or social events. At the present, we can accomodate twenty- five in our conference settings; therefore, should we require a larger meeting room, your services would be of interest to us be- cause of the convenience and close proximity. Best wishes in obtaining you~ permit. If we can be of further assistance, don't hesitate to call us. Sincerely cc: Mr. David A. Baldini, President glb CRUTCHFIELD' CORPORATION Cru~chfield Park February 10, 1998 Charles F. Pietsch I>,oute 2, Box 74 Earlysville, VA 22936 Dear Charlie: 1 am sorry to learn of the problems you are having with Albemarle County regarding The Meeting Place. It reminds me of similar problems that I had twenty years ago when they tried to deny me the right to locate my business at this site. Fortunately, For everyone, 1 prevailed. I feel that your concept is an excellent one. On several occasions, 1 have loaned our conference center out to businesses theft wanted to have a meeting near the airport llad your facility been available, they would have surely used il Also, there have been titnes when out' facility is in use and we have needed another one. Under tlmse circumstances. 1 would use yours. Therefore_ l feel that The Meeting Place would be a great asset to this area. Please let me know ifl can be of additional assistance. Sincerely yours. William G. Crutchfield. Jr ~"~...~ UNIVERSITY IIIIII1! OF VIRGINIA m~J~,'".~l FOUNDATION February 12, 1998 County of Albemarle Planning Commission and Board of Supervisors RE: Special Use Permit The Meeting Place Rt. 649 Airport Road Dear Commission and Board Members: We are supportive of the above referenced project. It seems to be an excellent fit 'for the needs of this area Sincerely, Bruce B. Stouffer Director of Administration and Research Park Development NORTH AMERICAN EXPLORATION OF VIRGINIA~ INC. February 17, 1998 Mr. Charles Pietsch Rt. 2, Box 74 Earlysville, VA 22936 Dear Mr. Pietsch, My understanding is that you are applying to the County for a special use permit to operate The Meeting Place on Doble'Ann Drive. As a neighboring business, I would like to state that we bave no objection to your business, and would welcome it to the area. In fact, circumstances may be such that we would make use of it ourselves from time to time. We wish you success in obtaining thespecial use permit from the County. Sincerely, President JDA/sfl PIEDMONT David Bingham General Manager To Whom It May Concern: February 19, 1998 Mr. Charles Pietsch introduced his project to me some months ago and asked if Piedmont might have any objections to this idea. it is my£eeling that this venture will not detract from the quiet atmosphere afforded to this Colnmunity. This facility may be of value to this community as the North Fork Research Park grows and also of use to the airport business for functions. I appreciate your time in considering my comments and should you have any questions concerning this issue please feel free to call me. My telephone number is 978-1474. //Sincerely, ['D~av~]/d Bingham Cc. Charles F. Pietsch We try harder: ;,,.~,o,~.: (gO4)644-4048 Fax, {$04) 644 OQ21 February 19. 1998 Albemarle County RE: The Meeting Place Airport Center Ronte 649 Gentlemen: We have looked at the above referenced facility and m our personal opiniom The Meeting Place woald be an asset to the community. We own the adjacent propel;fy, approximately 7.5 acres on the east side with an access through Dobleann Drive and feel this facility would be an excellent place for our meeungs; therefore, we look forward to its availability. Sincerely, / 7~/ohn L. Tigbe Facility Engineer ILT:chw 'JOTUL P, ~ April 10, 1998 COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 Michael R. Matthews, Jr Brinkman, MDC TruNorth Equities, LLC 210 East High St Charlottesville, VA 22902 SP-98-11 Brinkman MDC Tax Map 76. Parcel 12A Dear Mr. Matthews: The Albemarle County Planning Commission. at its meeting on April 7, 1998, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to tbe following conditions: 2. 3. 4. Albemarle County Engineering approval of plans, details, and supporting computations for the proposed dam and safety shelf, minimum 10 feet width and depth not to exceed 2 feet. Albemarle County Engineering approval of computations and documentation to verify effects on the existing FEMA delineated floodplain. Albemarle County Engineering approval of a Mitigation Plan in accordance with the Water Protection Ordinance, including a survey of biological resources. Albemarle County Engineering approval of an Erosion and Sediment Control Plan. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meethtg on Mary 13, 1998. 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, Mary Joy ~cala Senior Planner MJS/jcf cc: Ella Carey COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SP 98-11 Brinkman Management and Development Corporation (Tax Map 76, Parcel 12A) SUBJECT/PROPOSAL/REOUEST:. Extension of SP 96-32 to permit excavation in the floodplain to reestablish a pond. STAFF CONTACT(SI: Mary Joy Scala AGENDA DATE: April 7, 1998 ACTION: Yes ITEM NUMBER: INFORMATION: No CONSENT AGENDA: No ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: Brinkman MDC is requesting extension of SP 96-32 N.T. Brinkman, Inc. to reestablish a pond within the 100-year floodplain of Marcy Creek (See applicant's letter - ATTACHMENTA). SP 96-32 was approved with conditions October 9, [996. and is due to expire on April 9, 1998 (See action letter - ATTACHMENT;B). This property, described as Tax Map 76, Parcel 12A, consists of approximately 12.009 acres on the north side of Fontaine Avenue. It is zoned HC, Highway Commemial, is located in Urban Area Neighborhood Six, and is designated for Neighborhood Service in the Comprehensive Plan (See map - ATTACHMENT C). DISCUSSION: The applicant notes two changes have occurred since the initial application: ( I ) the property is now owned by TmNorth Equities LLC, an affiF~ated Bdnkman company; and (2) the impact m the wetlands has been reduced from 0.90 acres to 0.56 acres. (See previous staff report- ATTACHMENT D,. The Water Resources Manager notes that Condition #5 is no longer applicable and Condition #3 should be reworded: :'Engineering Department approval of a Mitigation Plan in accordance with the Water Protection Ordinance." RECOMMENDATION: Staff recommends approval with the following conditions: (Changes from previous approval are noted.~ 1. Albemarle County Engineering approval of plans, details, and supporting computations for the proposed dam. Albemarle County Engineering approval of computations and documentation to verify effects on the existing FEMA delineated floodplain. Albemarle County Engineering approval of a Water Qual~y Impact.~;ca;~nt Mitigation Plan in accordance with the Water Protection Ordinance. 4. Albemarle County Engineering approval of an Erosion and Sediment Control Plan. of Envkznmcnral Q~[~' toque:ted Ly ~c Am~y Cc~; cf Er, ghnccr;. ATTAC~NTS: A - Applic~t's Ie~er B - SP 96-32 action l~er C - Map D - SP 96-32 smffrepog [:\g\s\ascala\brinkman.wpd brinkman IV{ D C 13 February 1998 Mr. V. Wayne Cilimberg Director of Planning and Community Development County of Albemarle 401 Mclntire Road Charlottesville, Virginia 22902 Re: SP-96-32 N. T. Brinkman, Inc. Tax Map 76, Parcel 12A Dear Wayne: Attached is an application for. the extension of SP-96-32 to permit excavation in the floodplain in order to reestablish a pond, which was unanimously approved by the Board of Supervisors on October 9, 1996. According to the terms of your letter of October 16, t996, the permit expires 18 months after issuance and is therefore due to expire on April 9, 1998. We hereby request that the County o! Albemarle reissue the permit for an additional 18 months under the same terms and conditions as SP-96-32. The sole exception is that Condition #5, the Section 401 Certificate from DEQ, is no longer required. We have confirmed this with County Staff. Though no physical work has commenced, we have worked diligently towards the overall development of the property, of which the pond project is a part. On February 20, ~ 997 we received certification from the DEQ that a Section 401 Certificate (County Condition #5) would not be required. On May 19, 1997 we received a recertification from the Army Corps of Engineers for the Nationwide 26 Permit. We also commissioned a significant hydrology and hydraulics study of the watershed, which was submitted to the County. Since the pond is part of the overall master plan for the property and since we have not yet finalized negotiations related to the development of the property, we have not yet commenced construction of the pond and request this extension. We are, however, still actively negotiating with a primary user we have been working with over the last two years. Only two changes to our plans for the pond have occurred since the initial application. First, the property is now owned by TruNorth Equities LLC, an affiliated Brinkman company. Second, the impact to the wetlands has been reduced nearly in half to a net of 0.56 acres, as described in the Nationwide 26 Permit. The attached plan for the pond dated August 27, 1996 depicts this Mr. V. Wayne Cilimberg 13 February 1998 Page 2 change. It has been reviewed and accepted by the Army Corps, the DEQ, and the County of Albemarle. Enclosed to assist in your review are: Application for Special Use Permit Letter dated October 16, 1996, V.W. Cilimberg to Mike Matthews Albemarle County Staff Report for SP-96-32 by Ron Lilley Plan Sheet dated August 27, 1997 by McKee/Carson Engineers Nationwide 26 Certificate of May 19, 1997 from USACE Plat of Two Parcels of Land dated November 26, 1986 by R.O. Snow & Associates Please advise if you require any additional information. Thank you for consideration of this request. With best regards, BRINKMAN MDC Michae~ R. Matthews, Jr, President MRM/Im cc: File: 94102-1.E, 4.H U.S. Army Corps of Engine Nodotk District, Western Virginia Regulatory Section Western Virginia Field Office HCR 32, Box 101A iATTACHMENT Al · Msy i~, i9~7 Staunton, Virginia 24401 Project Number: 96-H248 I Participant: N. T. Brinkman, Inc. Attn: Mr. Michael R. Mathews, Ir. 210 East High Street Charlottesville, Virginia 22902 Waterway; Moray Creek 2. Authorized Agent: McKee/Carson Queen Charlotte Square 256 East High Street Charlottesville, Virginia 229( BRtNKMAN MDC 3. Addi'ess of Job Site: .Adjacent to Morey Creek at the intersection of old state route 29 and Buckingham Cimle in Charlottesville, Albemarle County, BY: FtI_E TO' ~2Z~//)5- 4/' 4. Project Description: Reestablish a small man-made pond and reconfigure the existing wetlands around the pond as a pan of the overall development of a 12 acre private/commercial development. The project will impact approximately 0.79 acre of wetlands and 0.20 acre of open water stream channel. Part of the impacts will bo offset by the construction of 0.05 acre of wetland, and 0.18 acre will be left at depths for reestablishment of previously existing wetlands. Final impacts will be 0.56 acm. 5. Findings This is regarding your request to perforrc work in the waters of the United States, as described in part 4 above. This activity has been reviewed and found to satisfy the criteria contained in the Corps Nationwide Permit (26), attached. (The Corps Nationwide Permits were published in tho Federal Register (61 FR 65874) on December 13. 1996 and the regulations governing their use can be found in 33 CFR 330 published in Volume 56, Number 226 of the Federal Register dated November 22, 1991.) Provided the enclosed conditions are met, an individual Department of the Army Permit will not be required. In addition, the Virginia Deparm~ent of Environmental Quality has waived 401 certification for Nationwide Permit Number 26 for less,than 1 acre of wetland impacts. Howex, er, a permit may be required from the Virginia Marine Resources Commission, and/ct your local wetlands board, and this verification is not valid until you obtain their approval, if necessary, You may contact the Virginia Marine Resoumes Comlmssion at (757) 247-2200 for further information concerning their permit requirements. 6. Corps Contact: James Brogdon (540i 8864221 NAO FL 13 REVISED DEC 90 ~. R;bert Hume III, Chief Western Virginia Regulatory Section ... ~. LATT.~CHMEiklT Bl COUNTY OF ALBEMARLE Dept. o[ Planning & Community Development 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 October 16, 1996 Mike Matthews N. T. Brinkman, lnc 210 East High St Charlottesville, VA 22902 RE: SP-96-32 N. T. Brinkman, lnc Tax Map 76, Parcel 12A Dear Mr. Matthews: The Albemarle County Board of Supervisors, at its meeting on October 9, 1996, unanimously approved the above-noted request to permit fill in the floodplain in order to reestablish a pond. Please note that this approval is subject to the following conditions: 1. ' Albemarle County Engineering approval of plans, details, and supporting compmanons for the proposed dam. Albemarle County Engineering approval of computations and documentation to verify effects on tile existing FEMA delineated floodplain. 3. Albemarle County Engineering approval of a Water Quality Impact Assessment. 4. Albemarle County Engineering approval of an Erosion and Sediment Control Plan Albemarle CoUnty Engineering receipt of a copy of a Section 401 Water Quality Certificate from the Virginia Department of Environmental Quality requested by the Army Corps of Engineers. In the event that the use, structure or activity for which this special use permit is issued shall not be commenced within eighteen (I 8) months after the issuance of such permit, the same shall be deemed abandoned and the authority granted thereunder shall thereupon terminate. For purposes LATTACHMENT at Page 2 October 16, 1996 bf 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 wilt 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, DVir eWc~Y~nn~rgg~/o ~munit y Development VWC/jcf cc:,AmeliaMcCulley Jo Higgins John Dezio ALBEMARLE COUNTY I ATTACHMENT C I ?$ ,,~ - .,,. SAMUEL MILL ER. $C.,OTTSVlLL E SECTION 76 ' DISTRIOTS '---' ...... ~' AND JAGK JOUETT STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: I ATTACHIqENT D I RON LILLEY SEPTEMBER 10, 1996 OCTOBER 9, 1996 SP 96-32 - N. T. Brinkman Applicant's Pronosal: To reestablish a pond within the lO0-year floodplain of Morey Creek. The applicant desires this reestablished pond as a visual and natural resource amenity for the property. Petition: To grant a Special Usc Permit for grading within the floodplain of Morey Creek [Section 30.3.6 of the Zoning Ordinance]. Property, described as Tax Map 76, Parcel 12A, is located on the north side of Fontaine Avenue Extended approximately 800 feet west of the Route 29 Bypass in the Samuel Miller Magisterial District. The property is zoned HC, Highway Commercial. A location map is included as Attaclunent A. Character of the Area: The subject property contains the unused structures of the former Jefferson Lodge and Chinese Dragon Restaurant, with a substantial portion oftbe property being undeveloped, and is adjacent to the Buckingham residential subdivision, with other residential uses and some office uses nearby. RECOMMENDATION: Staff has reviewed this request for compliance with the provisions of Sections 31.2.4.1 and 30.3 of the Zoning Ordinance and recommends approval with conditions. STAFF COMMENT: The applicant indicates that the reestablished pond is desired as a visual and natural resoume/wetlands amenity for the property, which is being considered for eventual office and/or residential development (the applicant's text is provided as Attachment B). The present proposal only deals with the grading and dam reconstruction activity within the floodplain necessary for reestablishment oftbe previously-existing pond and for the improvement of wetlands within the immediate area. According to Engineering Department comments (Attachment C), the proposed improvements are not expected to impact the delineated floodplain of Morey Creek. The E, ngineering Department has noted several positive aspects of this proposal. Staffhas reviewed this request for compliance with the criteria for issuance of a special use permit (section 31.2.4.1) and is of'the opinion that, with further review by the Engineering Department, the use will not be of substantial detriment to adjacent property, the character of the district will not be changed, the use will be in harmony with the purpose and intent of the Zoning Ordinance and with the uses in the area, and that the use will be consistent with public health and welfare. The proposal provides naturalhabitat enhancements, stormwater management and water quality benefits, and demonstrates wetlands importance to the general public. There are no identifiable negative aspects to this proposal. RECOMMENDED ACTION: Staff recommends approval of this special use permit request, with the following conditions: 1. Albemarle County Engtneermg approval of plans, details, and supporting computations for the proposed dam. 2. Albemarle County Engineering approval of computations and documentation to verify effects on the existing FEMA delineated floodplain. 3. Albemarle County Engineering approval of a Water Quality Impact Assessment. 4. Albemarle County Engineering' approval of an Erosion and Sediment Control Plan. 5. Albemarle County Engineering receipt of a copy of a SectionA~(Vater Quality Certificate from the Virginia Department of Environmental Quality requested by the Army Corps of Engineers. ATTACHMENTS: A - Location Map (bff ;nt/-~l.~ B - Applicant's text C - Engineering Dept comments l:\general\share\lilley\brinknm.sp 2 Special i:ATTACH SNT D I Use Permit Application Description of Request and Justification Statement N. T. Brinkma~, Inc. desires to develop approximately 12 acree of property on Fontaine Avenue Extended in Albemarle County, Virginia, the former Jefferson Lodge and Chinese Dragon Restaurant properties. Approximately half of the property is planned for redevelopment, as it presently contains several existing buildings that have been abandoned. Current zoning is Highway Commemial and several development options are being considered. The remaining six acre portion of the property is the subject of this application. Aerial photographs of the property taken in 1966, 1974, 1983, and lgg0 indicate the presence of an impoundment of Morey Creek. The attached "Plat of Two Parcels..." dated 11/26/86 shows the extent of the pond when last surveyed in 1986. At an unknown date suspected to be sometime in the early 1990's, the dam which held the pond failed and the area has sinc~ fallen into neglect. N.T. Brinkman, Inc. desires to reestablish a smaller pond and reconfigure the existing wetlands around the pond as a part of the overall development of the property. The concept is to develop a deep pool habitat surrounded by stepped wetlar~d benches in a "natural" pond theme as opposed to the typical "golf course" pond that would have mowed grass to its banks. A "d~ep pool" portion of the pond will be approximately .9 acres in size, while the-stepped benches varying in depth from 0-3 feet will account for the remaining wetlands areas. Our purpose is to restore this previously man-made feature into a more ecologically diverse habitat that will also serve as a visual amenity to the surrounding properties. N.T. Brinkman, Inc. realizes that this property is unique due to it's proximity to the adjacent Buckingham Circle neighborhood and to the regional transportation network, and the opportunity may exist to provide educational and passive recreational access to the community. At the present time, this property is private property and will obviously remain so under the traditional development.approach, We have contacted several entities, including the County of Albemarle, about the possibility of gifting the wetlands areas to them upon completion of the project. One group, the Environmental Education Center, has expressed a str~)ng interest. We have.executed a letter of intent with the EEC (attached) and, assuming acceptable terms for access, maintenance, liability, and other similar issues are reached, our intent is to donate this portion of the land to EEC or a similarly qualified entity. To date, EEC has conducted two summer camp sessions [or its students on the property. We have requested and conducted two meetings with the adjacent neighborhoods to discuss our plans. Without speaking for them, we feel the feedback has been overwhelmingly positive to the idea of reestablishing the pond and providing some form of Iow impact, passive public access to the property. We have also Special Use Permit IATTACHI~IEI~IT D I ~ AppliCation .~ br~ink:m~n, inc. 2j conducted multiple meetings on site with Albemarle County's Water Resources Manager, the Army Corps of Engineers, the Department of Environmental Quality. and several other wetlands and ecology experts over the past two years. This plan, in large part, represents a team effort among all of these stakeholders to devise a strategy that is a "win-win" scenario for everyone, and we greatly appreciate all of their efforts, In summary, our intent and goals are to: · reestablish an impoundment that existed for about 25 years increase habitat diversity by creating a deep pool habitat with enhanced wetlands develop the pond in a manner consistent with natural processes by providing benched wetland areas where emergent vegetation will naturally flourish, as opposed to a "golf course" pond provide a visual amenity to this and surrounding properties in an area that has been significantly altered by human activity in the past and is currently overgrown and showing signs of neglect provide an opportunity for public access to an otherwise private property, including stepped benches for habitat and for the safety of those who visit the property, COUNTY OF ALBEMARLE MEMORANDUM TO: FROM: DATE: Ran Lilley - Senior Planner Jack M. Kelsey, Chief of Engineering David Hirschman - Water Resources ma~t/ge~(~ August 28, 1996 Southgate Pond Reconstruction; SP 96~32 Very early in the process of developing this pond/wetland concept, the applicant contacted the Engineering Department and Jim Brogdon from the Army Corps of Engineers. Since that time, our input, advise, and ideas have been solicited regularly and incorporated into the design. The positive aspects of this design are as follows: The design is to create a diversity of wetland and habitat zones, ranging from deep water to emergent wedands and islands. From a habitat perspective, the project would create more diversity than currently exists on the site. in my opinion. The Army Corps also looks favorably on this project for its wetlands and habitat enhancement potential. Correspondence and a copy of the permit from the Army Corps has been attached for your reference. It should be noted that the existing wetlands at the site were created by the dam that was partially destroyed in the recent past. The project makes sense in the context of the Moores Creek watershed. [t is located on the Morey Creek drainage downstream from existing development and a golf course. The proposed pond/wetland would trap upstream pollutants and help protect the downstream reaches of Moores Creek. The pond would also serve as on-site stormwater management for the planned development on this parcel. The plan to open up this area for public access and environmental education is very favorable. This would be a unique wetland ecosystem in the midst of the urban ting, and would be a good place to demonstrate the role and importance of wetlands. The proposed improvements are within the Water Resource Protection Area of Marcy Creek. Therefore, a Water Quality Impact Assessment will be required. They are also within the 100 year floodplain of Marcy Creek, The approximate limits of the'floodplain, as delineated an the Flood Insurance Rate Maps (see attached), were determined by FEMA when the original pond existed. Therefore, we anticipate that the proposed improvements will have no impact on the delineated floodplain. The Engineering Department supports this application and recommends approval of the Special Use permit application with the following conditions: 1. Albemarle County Engineering Department approval of plans, details, and supporting computations for the proposed dam. Albemarle County Engineering Department approval of computations and documentation to verify effects on the existing FEMA delineated floodplain. 3. Albemarle County Engineering Department approval of a Water Quality Impact Assessment. Albemarle County Engineering Department approval of an Erosion & Sediment Control Plan. Albemarle County l~ngineering Department receipt of a copy of a Section 30~ Water Quality Certificate from the Virginia Department of Environmental Quality, requested by the Army Corp. Should you have any questions or need additional information, please contact either David Hirschman or Jack Kelsey. DJH/ctj Attachments COUNTY OF ALBEMARLE Dept. of Planning & Community Developmen! 401 Mclntire Road Charlottesvi}le~ Virginia 22902-4596 (804) 296-5823 March 27, 1998 Peter L. Sheeran, Architect 226 East High St Charlottesville, VA 22902 SP-98-05 Farmington County Club SDP-98-008 Farmington Indoor Tennis Building Preliminary Site Plan Tax Map 60E2, Parcel 1 Dear Mr. Sheeran: The Albemarle County Planning Commission, at its meeting on March 24L 1998 Unanimously recommended approval of the above-noted special use permit to the Board of Supervisoi:s. The Planning Commission also approved the above-note~l preliminary site plan. Please note that these approvals are subject to the following conditions: SP-98-05 Farmington Couniy Club This permit is for the indoor tennis facility. Any future intensification of Use Would require ari amendment to this special use permit. Use of the indoor tennis facility shall be for Farmington Country Clttb members, families arid guests under the same bylaws of other club facilities in Farmingmn. Please be advised that the Albemarle County Board of Supervisors Will review thi~ petitiofi and receive public comment a! their meeting on May 13, 1998. Any new or addiiit3hal inforitiafiofl regarding your application must be submitted to the Clerk of the Board of 8tipefvigoi-~ seven days prior to your scheduled hearing date. SDP~98-008 Farmington Indoor l'ennis Building Preliminary Site Plali 1. ' The Planning Department shall not accept submittal of the final site plan fol- sigrtatUl-e dhiii tentative approvals for the following conditions have been obtained. The final site ]~lau §h:ill il0t be signed until the following c ' ' ondttmns have been met: Board of Supervisors approval of SP 98-05; Board of Supervisors approval of jurisdictional area bouhdary amondment for pt~blie sewer or Health Department approval of septic system; Page 2 March 27, 1998 Albemarle County Engineering approval of grading and drainage plans~ Label-the Width of pavement adjacent the island at the entrance to the site, Show a~ outlet for the dra'mag~ swale on the west side of the building; Albemarle County Engineering approval of an erosion control plan; Albemarle County Engineering issuance of a Runoff Control Permit; Alt exterior lighting shall be fully shielded; Building Official and Fire and Rescue Division approval of fire protection system; Albemarle County Service Authority approval. Also, the Commission approved a waiver for construction on critical slopes. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Mary Joy Scala Senior Planner MIS/jcf CCi Ella Carey Amelia McCulley Jack Kelsey Farmington Country Club STAFF REPORT: SP 98-05 FARMINGTON COUNTRY CLUB and SDP 98-008 FARMINGTON INDOOR TENNIS BUILDING PRg._ LIMINARY SITE PLAN (Planning Commission Action Only) STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: MARY JOY SCALA MARCH 24, 1998 MAY i3, 1998 Applicant's Pronosai: Theapplieant proposes to locate a 22,800 square foot indoor tennis building and 26 parking spaces for the use of Farmington Country Club residents and guests. The buildingwill be located adjacent existing maintenance storage buildings off Old Mill Road. A new gravel lot (60' x 80') to be used for maintenance staging and storage area is also proposed. Th~ project includes three indogr courts and changing facilities. The maximum number of persons using the facility at one time would be twelve. The building will be in use primarily from November through March, 8 am to 11 pm. (See apphcant s proJect descrtptton- Attachment A. (Note: There is a concurrent request to amend the Albemarle County Service Authority jurisdictional area boundary to allow this facility to connect to public sewer. This area is currently designated for water only; the Farmington clubhouse is designated for water and sewer. That request will be considered separately, b~ the Board of Supervisors.) Petition: SP 98-05 is a proposal to amend the existing SP 97-28 to locate an indoor tennis building on part of 273.472 acres zoned RA, Rural Areas Zoning District [10.2.2(41]. SDP 98-008 is a preliminary site plan for the same use. The applicant bas als6 requested a waiver of Section 4.2.3.2 for construction on critical slopes. Property, described as Tax Map 60 E2, Pamel 1, is located on the north side of Route 250 West (Ivy Road) in the Samuel Miller Magisterial DistriEt. This site is designated Rural Ama in the Comprehensive Plan. ISeemaps-~lttachmentB). Character of the Area: Farmington Country Club consists of a large clubhouse facility with adjacent golf course, swimming pools and tennis courts, and is situated in the center of a development of single family homes. The Farmington area is served by private roads, *vith entrances nn Route 250 West (Ivy Road), and Route 601 (Old Garth Road or Twenty-one Curves). The proposed indoor tennis building will be located adjacent the existing maintenance storage and staging area on Old Mill Road, approximately halfway between the existing clubhouse and Rt 601. Old Mill Road serves two dwellings, the nearest being approximately 350 feet from the maintenance facility. There ~s commercial and residential zoning to the south of the Farmington property, within Neighborhood Six Urban Area Development Area Otherwise, the Farmington property is surrounded by Rural Areas zoning. SUMMARy AND RECOMMENDATIONS: Staff has reviewed this request for compliance with Section 31.2.4.1 of the Zoning Ordinance and recommends approval with conditions. (Planning Commission action only) The preliminary site plan has been reviewed, and may be approved with conditions. Staff recmumends approval of the waiver for construction on critical slopes. Staff recommends that the final site plan be approved administratively, fSee siteplan - ~tttachment Cl. Plannine and Zoning History: The club was opened in 1929. SP 92-07 Farmington Country Club - April 15, 1992 - Request approved to construct 30,980 square foot sports club and 4,830 square foot storage facility to supplement existing golf/maintenance building on approximately 28 acres. Approval was subject to one condition of approval: "Use of the sports facility shall be for Farmington Country Club members, families and guests under the-~am6 b?Iav(s'of iJtiief'~lub facilities in Farmington." SDP 92-005 Farmington Indoor Sports Facility Preliminary Site Plan approved with conditions by Plamfing Commission - March 24. 1992. The applicant later wrote that the facility would n6t be built because the club membership did not approve it. SP 97-28 Farmington Country Club - August 13, 1997 - Request approved to make the existing, non- conforming club a conforming use, and to add three additions to the existing building! a fithegs cent4r located on the west side of the club; a restaurant with outdoor dining and changes to the golf staging area on the south side of the club; and an enlarged pre-function space and outdoor dining and terrace on the north side of the club. Approval was subject to two conditions of approval, including a condition that any future intensification of use shall require an amendment to the special use permit. Farmington Country Club Building Additions final site plan - approved October, 1997. Comnrehensive Plan: This site is designated Rural Area, and is located within the South Fork Rivanna' River Reservoir watershed. The Open Space Plan shows Route 250 as a designated Entrance Corridor and Virginia Byway. Farmington is on the Virginia Landmarks Register and National Register of Historic Places. The Growth Management goal states, "Protect and efficiently utilize County resources by: A. Emphasizing the importance of protecting the elements that define the Rural Area: 1) Agriculture and forestry resources; 2) water supply resources; 3) natural resources; 4) scenic resources; 5) historic and cultural resources; 6) limited service delivery. Of these, the protection of agriculture and forestry resources is the highest priority. B. Designating Development Areas where a variety of land uses, facilities, and services are planned to support the County's future growth, with emphasis placed On infill development." Staff opinion is that the applicant's proposal to add an indoor tennis facility near the existing club facility does not affect agricultural or forestry resources, scenic resources, or the existing level of service delivery in the Rural Area. The same membership will use this facility as ctm-ently uses the club. Water supply resources may be affected by increased runoff. Runoff concerns will be addressed through plan review. Natural resources in the form of critical slopes are impacted and will be addressed by the Planning Commission's consideration of a waiver. Farmington is a designated historic property, listed on the Virginia Landmarks Register and the National Register of Historic Places. Farmington clubhouse, including an octagonal front addition designed by Jefferson, is located approximately 1000 feet from the proposed building and will not be impacted. STAFF COMMENT: This staffreport combines the special use permit and site plan requests. However, staff comment will them address them separately. Staff has addressed each provision of Section 31.2.4.1 of the Zoning Ordinance pertaining to approval of special use permits: The Board of Supervisors hereby reserves unto.itself the fig/at to issue all~svecial 'use 'peffni~' p~rmiff~d 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 opinion is that the proposed indoor tennis use will not be of substantial detriment to adjacent property. The proposed site-is not visible from a public road. In this case, staffwould rely to some extent on the opinions of the adjacent oWners. Staffhas received no objections to date. The proposed building is surrounded by a golf course, andis sited to minimize~visual impact to adjacent properties. Although the ridge line of the building is 39 feet high, it will only be approximately 16 feet above Old Mill Road. A new fence will screen the site from Old Mill Road. Extensive landscaping is proposed around the building and parking areas. The applicant originally discussed locating a tennis "bubble" behind the main clubhouse; staff opinion is that a permanent structure in this location will have less impact on the adjacent properties, that the character of the district will not be changed thereby, The applicant's proposal will not change the character of the district. The proposed indoor tennis use is consistent with the existing club use. 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 Zoning Ordinance, relation to the enviro~nnent, and relationto Comprehensive Plan as stated in Sections 1.4, i.5 and 1.6, and has found this application to be in harmony with these sections. Specifically, this request facilitates provision ora recreational facility. The Farmingtun Country Chib was a non-conforming use which was brought into conformity with SP 97~28. with the uses permitted by right in the district, This property and the adjacent properties are zoned RA. Ifa new golf/tennis club was being proposed, ix would probably not be considered consistent with the stated intent of the district. However, the current land use of the property has been non-agricultural for some time, and it is unlikely that the club use will be abandoned. Therefore. staff opinion is that the proposed use is not in conflict with the uses permitted by right in the district. with additional reeulations provided in Section 5.0 of this ordinance, Supplementary Regulation Section 5.1.16 contains requirements for swimming, golf and tennis clubs. Most of these regulations address outdoor facilities. (See Supplementary Regulations ~ Attachment D). Outdoor lighting has been addressed as a condition of approval. and with the nublic health, safety and ~,eneral welfare. The applicant's proposal will promote the general welfare by providing for the club's needs. There are no health or safety issues. Public water will serve the facility and, with allowance for public sewer through the Board's jurisdictional area consideration, on-site sewage disposal will not be necessary. The proposed site plan has been reviewed by the site review committee: (Planning Commission actton only) The Virginia Department of Transportation and Health Department had no comments The applicant has applied to amend the Albemarle County Service Authority jurisdictional area boundary to allow this facility to connect to public sewer. This area is currently designated for water only; the Farmington clubhouse is designated for water and sewer. That request will be considered separately by the Board of Supervisors. If it is denied, then Health Department approval for a septic system will be needed. The applicant is working with the Building Official mid Fire and Rescue Division regarding sprinklering and fire flow requirements. This site is located within the South Fork Rivanna River Reservoir watershed. A Runoff Control permit is required. The County Engineering Department comments are attached./See memo dated6~2/97 - Attachment E). The applicmtt has requested a waiver for construction on critical slopes (See Sheeran letter dated 1/26/98 - Attachment F). Staff agrees with the applicant's analysts regarding the justification for a waiver. The public purpose to be served is removal of uncontrolled fill resulting in a more stabilized condition. ,See County Engineering comments on waiver of critical slopes - 21ttachment G). The Planning Commission recommended a waiver of critical slopes previously on ~his site, under SDP 92-005. SUMMARY: Staff opinion is that this request is in compliance with the provisions of Section 31.2.4.1 of the Zoning Ordinance. Staff recommends approval of the special use permit with conditions. (Planning Commission action only) Staffalso recommends approval of the preliminary site plan with conditions, with the final site plan to be approved administratively. Staff recommends approval of the waiver for construction on critical slopes. RECOMMENDED CONDITIONS OF APPROVAL OF SP 98-05: 1. This permit is for the indoor tennis facility. Any future intensification of use would require an amendment to this special use permit. 2. Use of the indoor tennis facility shall be for Farmington Country Club members, families and guests under the same bylaws of other club facilities in Farmington. RECOMMENDED CONDITIONS OF APPROVAL OF SDP 98-008: (Planning Commission Action Only) The Planning Department shall not accept submittal o~'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 have been met: Board of Supervisors approval of SP 98-05; Board of Supervisors approval of jurisdictional area boundary amendment for public sewer or Health Department approval of septic system; Albemarle County Engineering approval of ~ading and drainage plans. Label the width of pavement adjacent the island at the entrance to the site. Show an outlet for the drainage swale on the west side of the build'mg; Albemarle County Engineering approval of an. erosion control plan; Albemarle County Engineering issuance of a Runoff Control Permit; All exterior lighting shall be fully shielded; Building Official and Fire and Rescue Division approval of fire protection system; Albemarle County Service Authority approval, The Planning Commission must also take action on the requested waiver for construction on critical slopes. ATTACHMENTS: A - Applicant's project description B - Maps C - Site Plan D - Supplemc~ntary Regulations E - Engineering memo F - Applicant's letter requesting waiver of critical slopes G - Engineering comments on waiver of critical slopes I:\...\ascalakfntennis.rpt 5 TACHM ENT BI /~. SDP 98-008 ~ Farmington Indoor Tennis Building Major Site Plan Amendment SP 98-05 Farmington Country Club ..... SAMUEL MILLER DISTRICT ~AMUEL MILLER DISTRIE;? SECTION 6OR(i)~'~--~-~ ~ r FARMtNGTON INSERT FARMING?ON NSERT 5.1.16 5.1.17 SWIMMING, GOLF, TENNIS CLUBS The swimming pool, including the apron, filtering and pumping equipment, and any buildings, shall be at least seventy-five [75) feet from the nearest property line and at least one hundred twenty-five (125.) feet from any existing dwelling on an adjoining property, except that, where the lot upon which it is located abuts land in a com~ercial or industrial district, the pool may be constructed no less than twenty-five (25) f~et' from the nearest property line of such land in a commercial or industrial district; When the lot on which any such pool is located abuts the rear or side line of, Qr is across the street from, any residential district, a substantial, sightly wa!I, fence, or shrubbery shall be erected or planted, so as to screen effectively said pool from view from the nearest proper=y in such residential district; The sound from any radio, recordingdevice, public address system or Other speaker shall be limited to forty (40) decibels at the near.s= residential property line; The board of supervisOrs, ma~, for-the protection of'the health, safety, morals and ge'hera! welfare of the community, require ~such additional conditions as it deems neceszary, includihg but not limited to provi- ,sions for additional fencing and/o~ptantin~ or other landscaping, additional setback from property lines, additional parking space, IocatiOnand arrangement of lighting, and other reasonable requirements;. ee Provision for ~oncessions for =he serving of food, refreshments or entertainment for club members and guests may be permitted under special use permit procedures. TOURIST LODGING The zoning administrator may issue a permit for such 'use for a period not exceeding five, (5) years and renewable for five (5) year periods thereafter, provided that: Approval for such use has been obtained from the Albemarle County fire official. The fire official shall thereafter inspect the premises at his discre- tion; Approval of permit has been obtained from the Bureau of Tourist Establishment Sanitation of the Virginia Department of Health. -66 - TO: FROM: DATE: RE: COUNTY OF ALBEMARLE Department of Engineering & Public Works MEMORANDUM Mary Joy Scala; Senior Planner Andr6 S. Williams, Senior Engineer 12 March 1998 Farmington Indoor Tennis Building - Major Amendment (SDP-98-008) The Major Site Plan Amendment received 24 February t998 has been reviewed. All previous comments have been addressed. Therefore Albemarle County Engineering hereby recommends preliminary approval of the major amendment. Final approval shall be subject to Albemarle County Engineering approval of final plan requirements and the following conditions: [Each comment is preceded by ~he applicable reference, which is to the Zoning Ordinance unless otherwise specified] [32.66] Albemarle County Engineering approval of grading and drainage plans. Label the width of pavement adjacent the island at the entranace to the site. Show a outlet for the drainage swale on the west side of the building. B: [32. 7. 4.3] Albemarle County Engineering approval of an erosion control plan. [Runoff Control Ordinance] Albemarle County Engineering issuance ora Runoff Control Permit. It is our understanding this area is included in the runoff control calculattons associated wtth th country club site plan. If you have any questions concerning this subject~ please contact Jack Kelsey or me at 296-586 I. ASW/ SHEE N ARCHITECTS January26,1998 Mr. William D, FHtz, Senior. Planner County of Albemarle Department of Planning & Community Developmenz 401 Mclntire Road Charlottesville. Virginia 22901-4596 Re: Farmin~on Indoor Tennis Building Waiver Request - Construction on Critical Slopes Section 4,2/Albemarle County Zoning Ordinance Dear Mn Fritz, 'We are reoues~ng a modification of the requiremenzs ~n accordance wlzh Section 4.2.5 of the Albemarle County Zoning Ordinance to allow building construction on a site which contains portions of '.'cntical slope." A major portion of the critical slooe to be disturbed is due to manmade fill whick has accumulated over many years at this site which is adjacent to me golf maintenance facility. The man made critical slopes are located in the proposed building are~ The parking facilities associated with the building are not located on "critical slopes." We feel that construction will not result in a loss of an esznez~c resource, since the slooes ~n auest~on are man made "uncontrolled" fill and which have been created from fill dumoed in this location as a means of disposal. Bands of critical slope to the east of the building will remain undisturbed. The intent of Section 4.2of the Atbemade County Zoning Ordinance is that by limiting construction on 25% slopes, ~ne potential for deleterious effects of such construction may bb avoided. We are requesting a waiver of Section 4.2.3.2, since the strict application of Section 4.2 would not forwanJ the purposes of this Ordinance ar therein serve the vubtic interesz. With respect to the speofic contents in the Ordinance as they relate to this 9rojecm my commen~s are as follows: Increased potential for soil erosion and Sedimentation, The major portion of the site in the building area consists of uncontrolled fill earth Which by its very nature is susceptible to erosion, The building process will remove this material and with proper application and compaction of the material, a more stabilized condition will resu~ Slopes of up to 2:1 (50°/°) are standard in many types of construction. (2: I) slopes are accepted as a maximum for erosion control measures requinng embankments as found in Che Virginia Erosion and Sedimentation Control Handbook (I 980), as wel~ as in cut and fill slopes for Virginia Department of Transpor~az~on roaoways. The control of soil erosion and sedimentation is a primary concern for any oevelopment ano zne recommended measures need to be carefully installed and closely monrcorea for integrity. Pursuant TEL: 804 · 979. 1830 ~26 EAST I.]IGH ~FREET · CHARLOTTE~I~ * VA 22902 FAX: 804 · 979 ° 5681 i 'TTACHM ENT Ft Mr. William D. Fritz, Senior Planner County of Albemarle page 2 County policies, erosion and sedimentation, controls will oe maintaineo ano ~onded until stabilization has peen assured as deterrn~neO by the Albemarle County Department of Eng~neenng. 2.) Water Pollution, From a design stanopoint, znls site is ideal for the proposed building design, since there exists a man maoe Bond adjacent to tne oullolng site. This pond is approximately an acre ~narea and has a deDth exceeo~ng 20 feet The pond is used for storage of water which is used in the irrigation system on me golf course. The natural runoff from the surrounding drainage' area (which includes the proposeo building site), is often inadequate to maintain a normal water level, Therefore, water is DumPed UB from Ivy Creek to the pond (in accordance with Water Control Board regulations) to zne pond. Thus the control of the relative water level of the Bono is flexible. As noted in the Virginia Erosion and Sedimentation Control Handbook (I 980), storm water oetention )onds are an effective means of controlling water )ollution. The increaseo potential for water pollution associated with steep slopes will not be affected by tne construction on the 25~4 s~opes on this site. 3.) Septic Disposal Problems, As oublic water and sewer will be utilizeo, this concern is not applicable to this site, 4.) Rapid and large sca~e movement of soil and rock As mentioned above, much of the soils to be disturbed during construction are existing uncontrolled fill. The extent ano location of the new grading will result in a 3:l to 2:1 fill slooe wn~cn should not pose a Bro~lem with regard to large scale movement of soil and rocic The existing uncontrolled fill slope BanGs greater than 25% ~y their very existence are more susceptible to large sca~e erosion. By removing mis fill ano compacttng a "controlled" fill there should be no proolem w~m respect to ~arge scale soil and rock movemen~ 5.) Excessive storm water runoff. There will be no additional quantifies of runoff from the site into the adjacent oetenz~or Bono. While the area of impervLous area w~ll ~ncrease, sound engineering practices for handling runoff and flowage can channel the runoff into the ~ond without causing erosion of soils. The existing oetent~on Bond is more than adeouate for containing the storm water down stream from this site and the surrouno~ng all. linage area. In fact, FarminDon nas to presently pum~ water up from ivy creek ( ~n accoroance with Water Control Board regulations) into tne oond. Thus. mere exists an over capa_ow, ,n the Bond. which can oe regulated by tne amount of additional water pumpeo. Mr. William D. Fritz, Senior Planner County of Albemarle page 3 6,) Loss of an estnez~c resource, There is no esthetic resource in tJqlS case. Section 4.2 of the Albemarle County Zoning Ordinan,ce provides for DUDIIC oro~eczlon from the aoverse effects of construction on 25% or greater slopes. Construction consistent w~n sound building oeslgn and englneenng praczlces on this site will not exacerbate nor creaze ~he deleterious effects Dossible by construction on steeply slooing ~anos, Waiver reouests on cntlcal control slopes have been suppor~ecl previously ~n accordance with Section 4.2.5. I which allows the Commission zo grant a waiver p?ovided that "s6ch modification is consistent with sound engineering and design practice and that the public intent and the intent of this section would be served to at least an equivalent degree oy sucha modification," The majority of 25% s~oDes De~n§ disturbed consists of uncontrolled fill dumped on the ~ite over many years, Removal and or reconst~tution of this material is certainly a public benefit I trust I have addresseo zne concerns as outlined in the Ordinance. If you nave any questions, or if I may clarify any of the issues, please do not hesitate to contact me. Peter L. Sheer~ Sheer~n Architects c~ Farmington Country Club TO: FROM: DATE: RE: COUNTY OF ALBEMARLE Department of Engineering & Public Works MEMORANDUM Mary Joy Scala, Senior Planner Andr6 S. Williams. Senior Engineer 16 Marcl~ 1997 Farmington Indoor Tennis Building - Critical Slope Waiver - (SDP-98-008) The request for modification of Section 4.2. to develop on critical slopes, has been reviewed. The critical slopes, affected by this project, ehcompass an area ti/at begins along the slope adjacent Old Mill Road and continues along the rear portionof an area ~f uncompacted materials. The area is covered by woods that consist of moderately size trees, both standing and fallen, with very little nnderbmsh. The critical slopes constitute approximately 2% of this site (28 Ac). Below, each of the concerns specified in Section 4.2 is addressed: Rapid and/or lar~e-scale movement of soil and rock Proposed improvemems associated with this project consist of cutting into?he critical slope m provide a buildabl~ area for the constmctinn of 23,000 sf building. The resulting grading will eliminate a portion of the existing critical slopes, and steepen the remeiming slopes to 2:1. Due to the nature of the grading activit~ proposed on these critical slopes, no rapid and/or large scale movement of soil is expected. Engineering will require the installation of erosion control measures to prevent excessive soil loss. Grading on the critical slopes is not expected t6 generate m-off volumes beyond what is reasonably expected from developed sites. The increased runoffassociatedwith construction of the building will be collected into roof drains and conveyed to a s[orm sewer system. The slopes adjacent the building will be either planted with low-lying vegetation or seeded with grass. Siltation of natural and man-made bodies of water Although a man-made detention pond is located adjacent to the proposed improvements, siltation will be controlled through an erosion and sediment control plan for the project. As a condition to this erosion control plan. the site will be permanently stabilized prior to completion. Loss of aesthetic resource The critical slopes encompass an area along the slope adjacent Old Mill Road and continue along the rear portion of an area of uncompacted material. The site is located adjacent to the maintenance facility for Farmingtnn Country Club. The entire slope area is screened from the general public by an existing wooden fence. The portion of critical slopes adjacent Old Mill Road appear to be natural while the remaining portion appears to have been created by the continuous dumping of fill material and debris in a location adjacent to the maintenance facility staging area. As noted above, the slopes area covered by woods that consist of moderately size trees, both standing and fallen, with very little underbrush and constitute approximately 2% of the site. Greater travel distance of sentic effluent The site will be served by public water and private sewer. Based on the review presented above, Albemarle County Engineering supports the request to develop on critical slopes as shown on the preliminary site plan received 24 February 1998. If you have any questions concerning this subject, please contact Jack Kelsey or me at 296-5861. ASW/ March 25, 1998 Peter L Sheeran, Architect 226 East High Street Charlottesville, VA 22902 RE: SP 98-05 Farmington Country Club Dear Mr. Sheeran: This letter is to notify you that your above-referenced petition, has been rescheduled for public hearing by the Board of Supervisors WEDNESDAY, MAY 13, 1998. Tkis meeting will be held at 7:00 p.m., Meeting Room #241, Second Floor, County Office Building, 401 Mclntire Road, Charlottesville, Virginia. You will receive a copy of the tentative agenda one week prior to the Board of Supervisors' meeting. YOU OR YOUR REPRESENTATIVE MUST BE PRESENT AT THIS MEETING. If you should have any questions or concerns about this petition or schedule, please do not hesitate to contact me ar (804~ 296~5843. /ewe Sincerely, .-~ / / CC: V. Wayne Cilimberg Mary Joy Scala Farmington Country Club Printed on recycled paper DATE - March 25, 1998 I, Ella W. Carey, hereby certify that the attached notice(s) was sent on the above date to all persons listed on said nOtice. ~ Ella W. Carey / Board of County Supervi~6rs Given under my hand in the County of Albemarle, State of Virginia this 2$th day of March, 1998. Notary Pubic My commissionexpires ~Xx,4't,~ ~-~Z)~ o~t2~ / FILE: SP 98-05 FARMINGTON COUNTRY CLUB Charlotte Y. Humphfls Fattest R. Mamhall. Jr. COUNTY OF AL13E34ARI_.E Office of Board of Supervisors 401 Mdn'dre Road Charlottesville. Vlr~inia 22902-4596 (804) 296-584,3 FAX (8044 296-5800 ..... March 25, 1998 Chiles S. Martin W~iter E PerFans SalIv H. Thorc~ ABRAHAM, KENNETH S OR SUSAN R STEIN ANGUS. BRUCE & ELENA D ASHLEY LAND TRUfff; EDWARD R LOWRY & 3'OHN V LITTLE. TRUSTEES BALLANTINE, MARTIN D & ANNE M BAUM. JEAN B BEACH, DAVID A TRUSTEE FOR THE DAVID A BEACH TRUST BEACHUM. GARY H OR KA~Id-ERINE T BECHTEL, STEFAN DOWNEY OR KAY FERGUSON BECHTE[ BENTLEY, TIMOTHY J JR & MARY COLBATH BENTON, SHIRLEY BROOKS BERNHARDT, JOHN PETER ASHLEY BONNIER. KARL ADAM OR ELIZABETH N BRACIALE. THOMAS J BRESSLER, GARRETT S. PETER B BRESSLER & ROBERT B BRESSLER BRITTAiN, JOSEPH M OR FRANCESCA MARIA FASI BRADY. DANIEL M OR NANCY L BROWN. KENNETH E OR LYNN GIBBONS B. BROWN, MARY ELIZABETH CAREW, JOHN B OR JULIE N CARTER, RICHARD E OR JAN1CE H CENTRAL TELEPHONE COMPANY OF VIRGI2XrlA CHARLOTTESVILLE OIL CO INC COHEN, ALFRED L OR bLARGARET A DANILESON. LEE OR BARBARA N DARRELL, JOHN STEWART OR IRENE GIBSON DEBUTTS, RICHARD H C/O DEBUTTS LAND & MANAGEMENT CO DELANY, A. GRAHAM OR MELENE ANN DETTOR, WILLIAM T, JR OR NANCY F DOLL. DONNA M OR FREDERIC M VIGLIONE IH DUN'N, WILLIAM W OR MARY JARRATT EISENHART. SARAH A EMERY, ETHAN, TRUSTEE;U/A FBO DEWOLF EMERY ENNING, JOSEPH H OR BEATE ERNEST, DONNA S ESMONT LAND TRUST, LEIGH B MIDDLEDITCH JR TRUSTEE EUSTIS, ALBERT A EWALD, JOHN HIRAM OR MOLLY MCCANN E FARMINGTON LAND TRUST; GEORGE H GILLIAM TRUSTEE FAULCONER, HUNTER SR LIFE ESTATE FAULCONER, JAMESW JR OR GAIL B FAUTH, GERALD W JR OR CAROLE B FERGUSON. GERALD W OR RUTH E FERGUSON, J GRAY OR JANET A FERRILL, JOAN M OR JEFFREY B FISCHBECK. EMILE M Printed on recycled paper Adjacent Owners Page 2 March 25, 1998 FISHER, DUANE A OR LYNDA Y FRANCOLINI, CHARLES A OR JEAN W FREEMAN, DAVID A OR ANDREA L GAMMA, MARY BRANT GIBSON, DAVID E OR MONtCA M GLYNN, JOHN W JR OR BARBARA A GOODWIN, JANE T HALLQUIST, JEANNETTE B & H BASIL HARRIS, JEROME ROBERT OR CAROI: J HATHAWAY, CURTIS H OR BRENDA D ' HENDRICKS, RICHARD A OR Dt ANNE L HIGDON, LEO I JR OR ANN l HILL, TORRANCE R & ROBERT H HUND, LAWRENCE E OR CONSTANCE H HUNT_ CHARLES F INSTITUTE OF TEXT1LE TECHNOLOGY JENNINGS, JOSEPH L Ili OR MICHELLE W JOHNS, DEARrNG WARD JOHNSON. DEAN M OR h/LAURIE D JOHNSON. W STUART OR FREDA B KAPPA SIGMA MEMORIAL FOUNDATION KRAUS, DAVID & JANICE M ICRUSE, JANE M F KUESEL. LUCIA E LA/NG, DONALD Ili OR MARY L LEE. KENNETH O LINDEMANN, ALBERT P JR OR ANNE M LINDSAY, G WALTON OR JEAN S LINDSAY, WALTON CARLYLE OR CAROL COLLIER L LOHMAN. LILA S MAHONE. DAVID C & GRACE F MAILLOUX, LEONARD S OR GRACE E MARSHALL, VJRGIL H & EVELYN G MCCABE, JAMES F JR OR NANCY M MCCLrNTON, JAMES S JR OR BEVERLY B MCCLU1LE, KENNETH H OR MARY R MCG1LLiCUDDY. CLEMENT E OR L/NDA MCNEELY. CHARLES W IV OR CHRISTINE W MEADE, EVERARD W & EVERARD W MEADE & ELIZABETH M HOWARD, TRUSTEES MERK1MAN, CHARLES H Ill, TRUSTEE MILLER, CHARLES W OR LORNA DEREEN MILLER- ETHAN A ORDIANE EDGERTON MOTT, WILLIAM C & EDITH GRACE MUEZLER, ERNEST H OR MART/iA L NORTHCUTT, GERALD W & FRANK C BYERS JR NUNLEY, RICHARD L OR JULIA G O'CONNELL, JEFFREY TRUSTEE UNDER OWEN, ARCHIBALD D & MARGARET G PATERSON, JOHN W & KATHERINE M PETERS, GARY OR CECILIA PETERS, RICHARD & ELIZABETH F PIEDMONT TRACTOR CO/NC PK LAND TRUST; ROBERT HIJFF TRUSTEE POLLOCK_ JAMES C OR RUTH B POWELL, W GIBSON & DONNA M PUTMAN. CARLETON LIVING TRUST, Adjacent Owners Page 3 March 25, 1998 QUAYLE, FRANK J III OR MARGARET K RECTOR AND BOARD OF VISITORS OF THE UNIVERSITY OF VIRGINIA RICHARDS, CLAUDiA J RINEHART, RANDOLPH R OR SUSAN MCCONNELL RINEHART_ RODGER R JR_ & TORRANCE HILL ROBERTS, ALAN Y OR SALLY G ROJO LAND TRUST; FRED S LANDESS & JOSEPH ERDMAN TRUSTEES ROSS, W WELFORD & MARGARET Y ROSSER ASSOCIATES'- ROUNTOP LIMITED PARTNERSHIP RUSSELL. FREDERICK L OR DORIS C RYDER, PHILL1P DWIGHT & KAREN J SCHRENCK YON NOTZING, NTKLAS SHEA. A VINCENT SMITH, CARL W & HUNTER 1 SMITH, JOY C SMITH, STUART P SMITH, STUART P SMYER, INORID F L SPICER, ERNESTEENE B STRICKLER, ALFRED B JR OR ANNE C STRICKLER, RICHARD S JR OR DIANA H SUNSET LAND TRUST: ROBERT J KRONER TRUSTEE TALBOTT, W/LLIAM G OR POLLY A TAYLOR. HAROLD R OR RUTH J THOMAS, TRESDON OR SUSAN K SOBKOWIAK THOMPSON, WILLIAM MC[LWAINE JR TOLLESON, JANE R OR UNIVERSITY OF VA REAL ESTATE TRUST VEST, CHARLES T OR ANDREA S WADE, RANDOLPH D & V1VIAN W WALKER, WILLIAM L OR SHARON L WATSON, MARYALESIA WATTERSON, STUART G WEATHERSBY, WR,LIAM C OR CHARLOTTE F WEBER. ELIZABETH WELLS, DIXIE LOVE, SAMUEL B WELLS GUARDIAN WELLS, MELINDA B (NO ADDRESS) WILLIAMS, rHOMAS E OR VERONICA B WITTNEBEL. ROBERT L OR LOIS D WOFILSTP, ADTER, SAMUEL J OR NAD1NE B WOOD, BERTA F, DAVID J WOOD ETAL WOOD, DAVID J JR & MAX/NE E WORRELL, ANNE R RE: SP 98-05 Farmington Country Club Dear Sir or Madam: This letter is to notify you as an adjacent property owner of the above-referenced petition described as follows: SP-98-05 Farmin~ton Country Club (Sign #72 & 73) - Proposal to amend the existing SP-97-28 to locate an indoor tennis building on 273,472 acres zoned RA, Rural Areas [10.2.2(4)1. Property, described as Tax Map 60E2. Parcel 1, is located on the north side oflvy Road, Route 250 West in the Samuel Miller Magisterial District. This site is designated Rural Area in the Comprehensive Plan. Adjacent Owners Page 4 March 25, 1998 This petition will be reviewed and public comment received by the Board of Supervisors on WEDNESDAY, MAY 13, 1998. qthis meeting will be held at 7:00 p.m.; Meeting Pcoom #241, Second Floor, County Office Building, 401 Mclntire Road, Charlottesville, Virginia. Should you wish to attend this meeting, you may call this office during the week of the meeting to ask the tentative time the item is scheduled on the agenda. You may review the file in the Plarming~Department, at the address above. If you shoutd haYe any questions, comments or observations concera/ng this petition, please do not hesitate to contact me-at (804) 296-5843~ ' Sincerely, Ella W. Carey, Clerk/ ,/ /ewe cc: V. Wayne Cilknberg Mary Joy Scala COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ACSA Jurisdictional Area Amendment Request for Sewer Service to Farmington Tennis Facility SUBJECTIPROPOSALIREQUEST:. Public hearing to consider amending the ACSA Jurisdictional Area to provide sewer service designation for the proposed Indoor Tennis Facility at Farmington Country Club (Tax Map 60E2 -Pamel 1) STAFF CONTACT(S): Messrs~ Tucker, Cilimberg and Benish AGENDA DATE: May13,1998 AC~ON: X CONSENTAGENDA: ACTION: ITEM NUMBER: INFORMATION: INFORMATION.: ATTACHMENTS: Yes REVIEWED BY: ~]~ BACKGROUND: The Board of Supervisom will consider SP 98-05 Farmington Country Club on May 13, 1998, a request to locate an indoor tennis facility adjacent to existing maintenance storage buildings on Old Mill Road approximately 1200 feet east of the existing clubhouse on the Farmington Country Club pmpexty, Farmington Country Club is also requesting amendment of the Albemarle County Service Authority's jurisdictional area to provide for sewer service to the proposed indoor tennis facility with bathroom facilities IAttachments A & B). DISCUSSION: During the review in 1992 of a site plan for a tennis facility in this same location, the pdor County Attorney determined that the proposed use would be considered an extension of the existing Country Club use (which had Water and sewer service) and. therefore, no amendment of the jurisdictional area boundary by the Board would be necessary. The current County Attorney has indicated that Board action is necessary to amend the Jurisdictional Area boundary since the site for the proposal is approximately 800 feet distant from the from the eastern boundary of the water and sewer service designation (see County Attorney comments, Attachment C). The property is designated Rural Area in the Comprehensive Plan, and is zoned Rural Area. Farmington lies within the South Fork Rivanna River reservoir watershed. The Comprehensive Plan is intentionally specific regarding where and under what circumstances public utilities should be made available, The Plan states: Follow the boundaries of the designated Development Areas in delineating jurisdictional areas. Only allow changes m juriedictional areas outside of designated Development Areas in cases where the property is: (1) adjacent to existing lines; and (2) public health and/or safety is in danger. Prohibit access to the Crezet Interceptor between the boundary of the Crezet community and the Urban Area. The Farmington residential area is designated for water service only. The Farmington clubhouse complex was designated for both water and sewer sen/me in the '1980 when the Morey Creek Interceptor was constructed. According to the ACSA, the reason for the sewer service designation for the clubhouse area was to replace the package wastewater treatment plant that was serving the clubhouse at the time. That designation was r~ade pdor to establishment of the current policy regarding extension of public utilities to the Rural Area. The Farmington clubhouse is currently served by privately maintained sewer lines and a pump station. An existing sewer line traverses the proposed indoor tennis facility property and connects to the Morey Creek Interceptor located on Route 60t (Old Garth Road) near the raikoad underpass at the Rt. 250 Bypass ramp. Therefore, this request would net require access to the Crozet interceptor. The Service Authority has stated that the private lines and the Morey Creek interceptor have adequate capacity to accept the additional load. The rate of flow is controlled by the existing pump station on the Farmington property. The Health Department has reviewed the site and determined that adequate septic fields can be provided to serve the site. There does not appear to be a health or safety issue related to this request for sewer service to the proposed facility. Therefore, this request is consistent with only one of the two requirements for extension of sewer service to the Rural Area as outlined in the County Comprehensive Plan for provision of service to the Rural Areas and, therefore, not consistent with County policy. AGENDA TITLE: ACSA Jurisdictional Area Amendment Request for Sewer Servjca to Farmington Tennis Facil~ May 13, 1998 Page 2 Although this request is not consistent with the policy, there ara unique cimumstances associated with this request. The proposed facilityis an extension of the club facilities and is not for the purpose of establishing a separate enterpnse, and is not directly intended to provide for significant expansion of membership. The proposed site was selected after consideration of several possible locations including ones adjacent to the club (and within the area designated for water and sewer service). The sites adjacent to the club wera not selected, in par[ because of the potential impact to adjacent residential areas. The proposed site minimizes potential impacts to residential areas. RECOMMENDATION: This request is not consistent with the Comprehensive Plan regarding prov'~on of public sewer service to the Rural Area. The proposed use is located outs'~fe a designated Development Area and within a public drinking water reservoir watershed. While the proposed use is located adjacent to an existing pdvate sewer line, there is no public health or safety issue necessitating this request. An extenuating circumstance is the fact that the exi~ng club is currently within the jurisdictional area for sewer sen/ice, and this use could be considered an expansion of the Club facil~es. Should the Board of Supervisors bet~eve this is justiticafion for approval of this as a unique matter and amend the Jurisdictional Area boundary for this proposal, staff recommends that a limited service designation be provided for this indoor tennis facility only. 98.082 E 'COUNT ' 8/18/87, /- IATTACHMENT A] 8F:FIVICE AUTHORITY AR~A$ MAP K~Y WA3ER ONLY WA~'ER AND SEWER LIMITED SERVICE FAI~MINGTON COUNI~Ry CLUB REQuEsT TO AMEND ACSA JU FOR SEWER SERVICE' ~,,~ ~..,, SAMUEL MILLER,?s JACK JOUE-TT ~ ........ '"-::::- ' CttARLO~ESVILE E Pt~TRICTg DISTRICT SECTION 59=-~-~ =-' ' .... : SHEERAN January 26. 998 Mn Forest Marshall Chairman Albemarle County Board of Su }erv~sors County of Aibemane 401 Mdntire Road Chano~esvlse, Virginia 2290 Re: Farming~on Indoor Tennis Building Board of Supervisors - Petition Dear Mn Marsha. Farmingcon Country Club is proposing to build an indoor Tennis Building aha ~s subm~ing a Preliminary Site Plan to the County for Planning Commission review on February 24, 998 and a Soec~a Use Permit Application for the Aonl 5. 1998 Board of Suservlsors meeting, As oart of the aD~roval orocess, zne applicant is reou~re(] zo pention the Board of Suserwsors To ex'zen(] tne Albemarle County Service Authority jurisdictional area to ~ncluoe this facility. Farmington Countr~ Club has ACSA su~o}~ee water an(] sewer zo the clubs' buildings The Farming~onsewer ~ne ~s ownee oy ~ne.clUO an(] £ (]rains zo a c uo owneo pump station (near the old treatment plant on Rte 60 ,, v, aicn n~rougn ,a force ma~n. ~s pumped to the More,,, C?etk lnterceptor/Crozet sewer line_, We ,have been informe~ ~y th~.ACSA -.na~ ~ne force ma~n ano assoc~ateo sewer ,ne. caoac~t~es are more than adeouate ~o,accep~ the sewage from znls bui!alrg.. . . Backgrouno Information A Preliminary Site Plan and Speoal Use Permit were a~oroved for a similar proiec~ in March of f992 The prolect did not ~roceed at that time. A new protect of reduceo sco~e ~s now oe~n~ ~roeosea for the same s~se. The pro3ecz w,~ nave sa~nroom facilities wn~cn w,~ connect to Far~nington's private sewer line. The ACSA designates jurisdictional areas throughout Albemarle County for services of water and sewen The County unsoicuonal ma~ inolcates an area encomoass~ng the club's various building facilities for connection to the sewer line. ~nc~uo~ng two small [:)Ull(]lngs in a oor~ion of the sro~osed Indoor Tennis Building s~te: al otner -'esioen~lal areas in the Farm~ng~on subd~ws~on are excuoed from the right to connecz to the sewer une an(] nave private se~c drain field systems. During a meeting in the spring of 991 with Paul Shoos ~ACSA engineer) we were advised that he did no~ see any ~roo~ems wl~n zne propose(] Du~ olng location, since the main sewer line from the club is adJacen~ zo zne proposed_site, ,Wh. en questioned that-the bui!o~ng v~ould be puts~de, of~e - - :~ ~risdictiona[" area encomsass~g zne.~_u~ ne reDl~ecl that he did aot believe there would be a problem, since this building wou~ be considered an extension of the club's facilities connec~ngto a sewer i~ne owneo oy the club. I asked him to check into this further to confirm his oDtnlor Paul called me on May 23rc. 1991 to state that ne was not sure of his oo~n~on ano that ~ecause *~e arisdictional maD (]~o not secnnlca, y include the ~roDoseo site, ~naz it ~ghz se necessary zo pe~l~lOr} the Albemarle County Board TEL= 804 * 979 · 18~0 226 FAST HIGH STREET. CHARLO~ . VA 2290g FAX: 804 · 979 · 5681 Mr. Forest Marsha Chairman Albemarle County Board of Supervisors page 2 of Supervisors for an extension of t~he junsa~c~ona~ are~ He ~:nen sta~eo ~naz :this were r~oulreO, ~nat the Board would in al~ ~e~ nood, asKzae County Attome) For an opinion. I ~nen calleo Geor[~e St. Jonn tne County Attorney to further discuss the marten After our conversation, Mr. St, Jonn said znat. in his oD~nton, ~nls facilit/wouio De an extension of the club's 3rivate facilities for the club's members, and tnat ne woul~ recommen~ approval of such a reeues~, wn~cn ne suosequenz~y did at the Planning Commissior meeting. He also said ntne course of applying for the Specla use Permiz, that the aDOroval should oe secured from zne ACSA wh~cn wou~a ODVia~:e zne necessity of applying for further aDDrova c]unng the Site Plan Revie~ orocess, I wou~e agree with Mr. St. Jonn and submit that Farmingzon nas a veszea ngnz zo access zo zne club owneo sewer line in conneczion wlzn ~:he extensior of its ~nvaze facilities. Thank you In ac]vance for your assistance in bnn§lng this matter to the Boards' attention, I wiii be happk mo meet wIzn you zo o~scuss this ma~cer az )'our conver ence. Sincere Peter L S cc: Farmington Count~7 Club Mn Wi liam D. Fritz. County of AIbemane ORDINANCE NO. 98-2.1 (I) AN ORDINANCE TO AMEND AND KEORDAIN CHAPTER 2.1, AGRICULTURAL AND FORESTAL DISTRICTS, SECTION 2.1.4, DISTRICTS DESCRIBED, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA. BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 2.1, Agricultural and Forestal Districts, is hereby amended and reordained by amending Section 2.1-4(h), Hardware Agricultural and Forestal District, as follows: Sec. 2.1-4. Districts described. (h) The district lmown as the "Hardware Agricultural and Forestal District" consists of the following described properties: Tax map 73, parcels 38, 39B, 4lA, 41BI, 41B2, 42, 42A, 43.44, 45, 46, 48; tax map 74, parcels 26, 28; tax map 86, parcels I4, 16A, 16C, 16D, 16F, 27; tax map 87, parcels 3, 10, 13A, 13E (part consisting of 89.186 acres); tax map 88, parcels 4, 5, SA, 6A, 23, 24, 26B, 29, 40, 4lA, 42, 42A; tax map 99, parcels 29, 52. This district, created on November 4, 1987 for not more than ten years and last reviewed on November 12, 1997, shall next be reviewed prior to November 12, 2007. I, Ella W. Carey, do hereby certify that the foregoing writing is a tree, correct copy of an ordinance unanimously adopted by the Board of County Supervisors of Albemarle County, Virginia, at a regular meeting held on May 13, 1998. BOARD OF SUPERVISORS COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mclntire Road Charlottesville. Virginia 22902-4596 (804) 296-5823 April 10, 1998 David van Roijen P O Box 7544 Charlottesville, VA 22906 RE: Additon to Hardware River Agricultural/Forestal District Tax Map 88, Parcel 29 Dear Mr. van Roijen: The Albemarle County Planning Commission, at its meeting on April 7, 1998, unanimously recommended approval of the above-noted request to add 11.971 acres zoned Rural Areas to the Hardware River Agricultural/Forestal District Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on May 13, 1998. 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, Mary Joy/S c. kI'a Senior Planner cc: Ella Carey Draft: May 8, 1998 ORDINANCE NO. AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2. l, AGRICULTURAL AND FORESTAL DISTRICTS, SECTION 2.1.4, DISTRICTS DESCRIBED, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA. BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Vir~nm, that Chapter 2.1, Agricultural and Forestal Districts, is hereby amended and reordained by mending Section 2.1-4(h), Hardware Agricultural and Forestal District, as follows: Sec. 2.1-4. (h) Districts described. The district known as the "Hardware Agricultural and Forestal District" consists of the following described properties: Tax map 73, parcels 38, 39B. 4lA, 41B1.41B2, 42, 42A, 43, 44, 45, 46, 48; tax map 74. parcels 26, 28; tax map 86, parcels 14, 16A, 16C, 16D, 16F, 27; tax map 87, parcels 3, 10, 13A, 13E (part consisting of 89.186 acres); tax map 88, parcels 4, 5, SA. 6A, 23.24, 26B, 2__~9_, 40, 4lA, 42, 42A; tax map 99. parcels 29, 52. This district, created on November 4, 1987 for not more than ten years and last reviewed on November 12, 1997, shall next be reviewed prior to November 12, 2007. BOARD OF SUPERVISORS STAFF REPORT: STAFF PERSON: ADVISORY COMMITTEE: PLANNING COMMISSION: BOARD OF SUPERVISORS: ADDITION (VANROIJEN) TO HARDWARE RIVER AGRICULTURAL/FORESTAL DISTRICT MARY JOY SCALA MARCH 23, 1998 APRIL 7, 1998 MAY 13, 1998 BACKGROUND Purpose: The purpose of an agrieultural/forestal district is '~to conserve and protect and to encourage the development and improvement of the Commonwealth's agricultural and forestal lands for the production of food and other agricultural and forestat products,.." and "to conserve and protect agricultural and forestal lands as valued natural and ecological resources which provide essential open space for clean air sheds, watershed protection, wildlife habitat, as well as for aesthetic purposes" (§15.2 - 4301 Virglma Code). Factors to Consider: The following factors must be considered by the Advisory Committee and at any public hearing when a proposed district is being considered: The agricultural and forestal significance of land within the district or addition and in areas adjacent thereto; The presence of any significant agricultural lands or significant forestal lands within the district and in areas adjacent thereto that are not now in active agricultural of forestal production; The nature and extent of land uses other than active faming or forestry within the district and in areas adjacent thereto; 4. Local development patterns and needs; 5. The Comprehensive Plan and, if applicable, the zoning regulations; The environmental benefits of retaining the lands in the district for agricultural and forestal uses; and 7. Any other matter which may be relevant. Effects of a District: 1. The proposed district provides a community benefit by conserving and protecting farmlands and forest; environmental resources such as watersheds, air quality, open space, and wildlife habitat; and scenic and historic resources. The State Code stipulates that the landowner receive certain tax benefits*, and restrictions on public utilities and government action (such as land acquisition and local nuisance laws) to protect the agricultural/forestal use of the land. In exchange, the landowner agrees not to develop the property to a "more intensive use" during the specified number of years the district is in effect. *Since Albemarle County currently permits all four categories of use value assessmem, a district designation may not provide any additional real estate tax deductions. Land in a district is protected from special utility assessments or taxes. The State Code stipulates that, "Local ordinances, comprehensive plans, land use planning decisions, administrative decisions and procedures affecting parcels of land adjacent to any district shall take into account the existence ofsuch district and the purposes &this chapter." The district may have no effect on adjacent development by fight, but could restrict proposed rezonings or uses by special use permit which are determined to be in conflict with the adjacent agricultural/forestal uses. Districts must now be shown on the official Comprehensive Plan map each time it is updated. In general, a district may have a stabit/zing effect on land use. The property owners in the district are making a statement that they do not intend to develop their property in the near future, and that they would like the area te remain in the'agricultural and forestal uses. Adjacent property owners may be encouraged to continueagricultural uses if they do not anticipate development of adjacent lands. ~ Hardware River District was created with 6,023.94 acres on November 4, 1987 for a time period often years. An addition of 206.88 acres was approved on May 3, 1989. The district was reviewed, and 3, 856.03 acres were continued for ten years on November 12. 1997. PROPOSED VANROIJEN ADDITION Location: The proposed addition is located on the west side of Route 29 South (Monacan Trail Road) approximately 2 miles north of Route 708 (Red Hill Road). Acreage: The proposed addition contains 11.97 acres in one parcel The applicant owns two other parcels, containing a total of 184.58 acres, which are currently enrolled in the Hardware River District. The existing district contains 3,856.03 acres. With this addition, the Hardware River District will contain 3,868.00 acres. Time Period: The proposed time period is the same as for the reviewed d/strict, or I0 years from November 12, 1997. Agricultural and Forestal Significance: Land in the proposed district is being used for forestry. Significant Land Not in AgriculturaFForestal Production: The use value taxation program is a good indication of the actual use of the property. This parcel is enrolled in the program. All 11.971 acres are being used for forestry. Land Use other than Agricniture and Forestry_: There are no dwellings within the proposed addition. Local Development Patterns and Needs: The proposed addition is located in an area of large farms and scattered dwellings. Comprehensive Plan and Zoning Regulations: The proposed addition is designated Rural Area in the Comprehensive Plan and is zoned PA. Rural Areas. The nearest growth area is the Urban Area, a distance of about three miles north. A Comprehensive Plan objective is, "All decisions concerning the Rural Areas shall be made in the interest of the four major elements of the Rural Areas, with highest priority given to preserving agricultural and forestal activities rather than encouraging residential development." (p.203) A strategy is. "Actively promote and support voluntary techniques such as agricultural/forestal districts...."/P- 53) The Open Space Plan showsthis area designated as important farmlands and forests2 About one-halfof the parcel is located within an area on Gibson Mountain recommended for mountain protection (800 fi. contour). There are critical slopes in this area. Environmental Benefits: The addition lies within the Rivanna River watershed. Conservation of this area serves to protect valuable resources such as critical slopes and open space. StaffRecommendation: Staff recommends approval. ADDITION TO HARDWARE RIVER AGRICULTURAL fFORES TAL DISTRICT Tax Map / Acreage Use Value Owner Dwellings Parcel Taxation Ag For 88q29 11.971 11.971 David M. vanRoijen 0 Total 11.971 11.971 0 Advisory Committee Recommendation: The Agricultural and Forestal Advisory Committee at its meeting on March 23, 1998, unanhnously recommended approval of~e Addition to Hardware River District (minutes attached). Planning Commission Recommendation: The Albemarle County Planning Commission at its meeting on April 7, 1998 unanimously recommended approval of the Addition to Hardware River Agricultural/ Forestal District as proposed. I:\gXs\ascala\afvanroi.wpd ALBEMARLE COUNTY ~,, X~ ~ '~ / ~ TM 88 PARCEL 29 ([~~,~,o. ~o,.~.~w~.~ ~,~o. ~,~,c~ / y- 23 22 SECTION 88 Agricultural/Forestal Advisory. Committee Meeting Minutes March 23, 1998 Rob Bloch called the meeting to order at 7:15 in the absence of the chair and the viee-chair~ Other members present were Bruce Hogne, Rosemary Dent, Bruce Woodzetl, David vanRoijen and Jacquelyne Huckle. Staff present were Gordon Yager, Natural Resource Conservation Service, and.Mary Joy Scala, Senior Planner. Applicant Betty Wingfield and her friends Mr. and Mrs. Hershall Porter were present. Wingfield Request for Withdrawal from Ivy_ Creek District Staff presented the staff report recommending denial of the request. Sherry Buttrick arrived late and reeused herself from the discussion due to conflict of interest and left the room. Ms. Wingfield said they recently had the property surveyed and the total acreage-was actually 250+ acres. There was general discussion about the proposed bypass and VDOT since the Wingfields were' planning to sell the proposed lot to friends who currently live on Lamb's Road in the path of the bypass. Mr. Hershall Porter and Mr. vanRoijen discussed the timing for the proposed bypass. Mr vanRoijen asked Ms. Wingfield if she had considered alternatives to withdrawal, such as a family division. Joe Jones, vice-chair, arrived. Ms. Wingfield said her attorney, Forbes Reback advised her to discuss her financial hardship. She said the rest of the farm, except 50 acres under easement was going to University of Virginia as a charitable trust in 21 acre parcels. She noted her husband is no longer able to farm, and her son is not interested, Waiter Perkins arrived. Mr. vanRoijen asked if the Porters farmed at all. They do not. Mr, Hogue said the Wingfields owned valuable real estate for development and they have so far kept it out of developmem. He said J.R. Wingfield's land was "stolen" for the reservoir. He said 2 acres is insignificant in area and il should be approved. Mr. Bloch said the Wingfields have set a precedent for leadership. They started the Ivy Creek District. He said he didn't know if the committee has justification to approve it, but the Wingfields have good intent. He said if someone else wanted to pull out of a district claiming this was a precedent, he would ask if they were a Wingfield. Mr. vanRoijen thought there must be a way to accomplish this without setting a precedent and suggested that Mr. Reback might know a way. He suggested that financial hardship might be a justification. Ms~ Scala said she did not lmow of a financial hardship provision in the code. Mr. Woodzell said he supported the statements he heard about the Wingfields, but felt the committee did not have the authority to approve the withdrawal even if they wanted to. He would vote for denial Mr. Bloch asked if the Board could overrule the committee. Ms. Scala said they could, that the committee was advisory. Mr. vanRoijen asked Ms. Wingfleld if she was willing to try another way7 Ms. Wingfield said her legal advisor had advised against a family division, possibly due to tax~ implications. She said she had committed verbally to UVA. Ms. Dent concurred that the Wiugfields had done a beautiful job holding on to the farm. Ms: Huckle said so far there was a precedent against doing it. Whatever the committee does will go to the Planning Commission and Board - that will give them time to research it more thoroughly. Mr, vanRoijen said the Real Estate Foundation is flexible. He suggested temporarily attaching 21 acres to the Porters' parcel, which they could return to UVA in 2003. Mr. Hogue said the Real Estate Foundation would do the legal work for them. Mr. vanRoijen asked if Ms. Wingfield ~vanted to defer a vote. Mr. Iones thought there was a hardship clause. Ms. Scala said she doubted there is one, but would ask counsel. Ms, Huckle suggested the applicant would feel more confident after exploring the possibilities. Mr. vanRoijen said maybe the Board would look at it and determine it was a special case. The County Attorney would know if there is a hardship clause. Mr. Bloch agree she should try to work it out with the Real Estate Foundation, and check other options. Ms. Wingfield requested deferral. She will talk to Mr. Reback. Mr. Bloch turned the meeting over to Mr. Jones, vice-chair. 2 vanRoi_ien Addition to Hardware River Agricultural/Forestal District Ms. Buttrick returned to the meeting. Mr. vanRoijen reeused himself, Staff presented the staff report recommending approval. Mr~ Yager briefly discussed the soils which are suitable for forestry. It was determined that the proposed addition is adjaeant to the existing district. Ms. Huck|e moved to accept the addition. Ms. Buttrick made a second to the motion. The committee voted unanimously to recommend approval, Discussion: Land Use Tax and Agricultural/Forestal Districts Staff explained that she wanted the committee's thoughts on whether enrollment in an agricultural/ forestal district should be a requirement of the land use tax. She said the Board asked for a report on what other counties were doing m encourage enroltmant in the districts. Ms. Huckle asked if other counties were doing it? Ms. Scala said she did some research and only one or two are. Mr. vanRoijen talked about his experience dealing with Fauquier County. He said they had discussed a two-tier approach, if you are tn an agricultural/forestal district you could get full land use tax, if not, then only partial land use tax. He said they require more verification of your activities and check more carefully except if you are enrolled in a district. He said the program pays for itself. He said this discussion came about because Fred Scott and Henry Page withdrew their land from the Hardware District. saying "Why stay in?" because there is no benefit. There was discussion about whether land use tax could be excluded from certain zones. Mr. Perkins asked if we could exclude it from Development Areas. Staff said they tried to get enabling legislation to do that a few years ago but failed. Ms. Buttrick said more carrots are needed. Ms. Huekle said the County needs to do more, protect from towers, etc. Mr. vanRoijen said land use tax is a carrot. Mr. Bloch said that is a stick. Mr. Perkins said people will always "take advantage" but what does it matter if it stays green another 3 year? Ms. Huekle asked if the County could do a longer roll back penalty. Mr. Woodzell said they could not, needed legislationto change it. Ms. Buttrick noted the County total of districts has gone below 70,000 acres. She said promotion would help. Mr. Hogue noted that districts provide protection from roads and utilities. The meeting adjourned at 8:25 pm. To: Members, Board of Supervisors From: Ella Washington Carey, CMC, Clerk SUbject: Reading List for May 13, 1998 Date: May 8, 1998 June 12, 1996 - Mr. Martin June 19, 1996 - Pages I - 15 (end at ltem #10)-Mr. Perkins Pages 15 (Item # I 0) - end - Mr. Marshall February 9(A), 1998 - Mrs. Thomas /ewc Facsimile (804) 293-5197 Telephone (804) 296-4141 This transmission contains 3. pages Date: May 5, 1998 To: David Bowerman (FAX 97343302) Bill Brent [FAX 97943698) From: Don Wagner Subj: Sewer Treatment, Hollymead & Piney Mountain The attached is very close to self explanatory, but them is at least one point that needs some clarification. Bill's memo mentions that Rapidan envisions growth along U.S. 29 south of .Ruckersville, and I am assuming that someone other than me would be in opposition to ACSA facilitating strip developmem of the U.S. 29 Corridor from Ruckersville to the Albemarle County line..Based on wha~ t remember about what Bill told the ACSA Board, however, that is unlikely. TopogFaphy WOffld nOt permit a gravity tine from Ruckersville to Camelot, and as Bill's memo states, the input would be via a force main if the Camelot plant were sold to Rapidan. ; Bill is on vacation this week, and in his absence I talked to Paul Shoop, ACSA Head Engineer. to see if he had any insight on how much of the area south of Ruckersville Rapidaa might want m serve. Paul did not, but cautioned that by the use of multiple pump stations, or possibly by other technical means, appropriate engineering design could make it possible m sewer the entire corridor from Ruckersville to the County line. This could provide an incentive to sell the Camelot plant to Rapidan if, as a part..of the deal, there could be a restriction on the area it would be allowed to ~rve. Bill does not set forth any time line for the ACSA Board members to talk with their supervisors about this, but our next meeting is on 'Ilaursday, May 21, and I suggest sometime prior to that as a target. We could get together either in person or by telephone. It would probably be wise to wait to talk until next week when Bill will be back from vacation and available as a telephone resource, or to meet with us if you wish. As of the moment, I have several, meetings on the next two Wednesdays, May 13 and May 20, but my days are fairly open the rest of next week and on Monday. and Tuesday, May 18 & 19. Please give me a call (296-4141, x23) after you have had a chan~e~ this. ALBEMARLE C;OUNTY SERVICE Ilo*rd of Directors J.W. Brent, ExecutiveDirector April 30, 1998 Camelot Sewage Treatment Plant AUTHOPlTY I mentioned to you in M*rch tha I have had conversations with Rapidan Service Authority about their acquiring the Camelot Sewage Treatment Plant. After talking with the County planners and RWSA, we believe the next logical step is to have you talk with your Supervisor to see if such a deal would be politically acceptable. The Camelot sewage treatment plant was built in the 1960s by thc developer of Camelot to serve that development~ General Electric expanded the plant from 40,000 gallons/day capacity to 65,000 gallons/day in the late 1970s when they built their plant. In the late 1980s Woodbri*r Associates constructed a new plant with a capacity' of 365,000 gallons/day to serve Briarwood and the Airport Industrial Park and dedicated the plant to Rivanna Water and Sewer Authority. By contract, the 300,000 gallons/day additional capacity was reserved for Woodbri*r for 10 years (GE was also guaranteed the 25.000 gallons/day they had built). University of Virginia Real Estate Foundation bought the Airport Industrial Park t¥om Weodbriar and the ~eserved capacity for that development transferred to UREF In response to complaints from the County that there was no available sewer capacity in that growth area the Service Authority acquired from Woodbriar and UREF their reserved capacity in 1992. Although the plant is only operating at approximately one-third its capacity at present we recognize that it is inadequate to meet the eventual requirements or'the anticipated growth no~h of Airport Road. The staff feels we should begin planning for a sewer line to bring wastewater from this region to the Moores Creek AWT plant. ,~ Rapidan Service Authority is presently constructing a sewer line from Ruck~ville to~---thesr treatment Iactht~'~'y at Stanardsville_ Flows from existing development in Kuckersville will deplete the available capacity at Sta~*rdsvilhe. RSA anticipates growth along Route 29 south of Ruckersvi}le and must plan on a sewer system to serve it They have two options. One is to build a new sewage treatment plant in Greene County on a tributary of the N. Fork Rivanna River. The other is to lease or acquire the Camelot plant once we abandon it. Thc talks have not revolved a purchase price; they bare been purely conceptual. RSA has indicated they will need the additional treatment capacity in about two ye*rs. The political question is whgther the Albgmarle Count~ Board of Supervisors would allow sewage from Greene County to be pumped through a force main down Route 29 to the Camelot plant, treated there, and effluent discharged into the lq. Fork RiYanna River The Department of Enviroranental Quality will dictate the discharge requiremen~ but the Board of Supervisors has control over the plant through its Special Use Permit. Even ifRSA built a new plant in Greene County the discharge would eventually flow into the N_ Fork Rivarma River. We cio not know if this concept will prove feasible for gSA or advantageous to us. But before a lot of'effort is put into it we need to know how it will fare politically. If you would like to review this with me before talking to the Supervisor or if you would want meto meet with the two oFyou I will he happy to do so. JWB/lbt MAY 13, 1998 EXECUTIVE SESSION MOTION I MOVE THAT THE BOARD GO INTO EXECUTIVE SESSION PURSUANT TO SECTION 2. 1-344(A) Of The COde Of VirgiNia: UNDER SUBSECTION ( I ) TO DISCUSS APPOINTMENTS TO BOARDS AND COMMISSIONS; AND UNDER SUBSECTION (7) TO CONSULT WITH LEGAL COUNSEL AND STAFF REGARDING SPECIFIC IEGAL MAi IERS RELATING TO A SERVICE AGREEMENT AND A COOPERATIVE AGREEMENT. 051398.WPD