HomeMy WebLinkAbout1996-08-21 FINAL
7:00 P.M.
August 21, 1996
Room 241, County Office Building
1)
2)
3)
4)
5)
6)
s)
9)
10)
Call to Order.
Pledge of Allegiance.
Moment of Silence.
Other Matters Not Listed on the Agenda from the PUBLIC.
Consent Agenda (on next sheet).
SP-96-22. Branchlands Land Trust. Public Hearing on a request to establish an assisted
living facility on approx 1 ac zoned PUDon Branchlands Dr W of the exisfmg
Branchlands Manor House. TM61Z,P4, Sec 3. Rio Dist.
SP-96-23. C. W, Hurt Contractors, Inc. Public Rearing on a request to establish private
school on approx 5.4 ac zoned R-6 located on W sd of intersection of Woodbrook
Dr & Berkmar Dr. This SUP will replace SP-95-i5 which authorized a day care
fac'dity. TM45,P91 RioDisl
SP-96-24. Wal-Mart Stores,'Inc. Public Rearing on a request to extend fwaeframe for
outdoor garden center sales/display fromFeb 15 through Jul 5 to Feb 15 through
Sept 15 each yr & to expand area allowed for outdoor storage & display to allow
merchandise display on sidewalk in front of store & allow storage incontmners on
S sd of store within view of Entrance Corridor. Property on Rt 29 N is zoned HC
& EC. TM45,P68DS. Rio Dist.
Approval of Minutes: Febma~ 1, 1995.
Other l~latte~s not Listed on the Agenda from Board members.
11) Adjourn.
CONSENT AGENDA
FOR APPROVAL:
5.1 Appropriation: HUD Section 8 Housing Assistance, $1,421,347 (Form #96016).
5.2
Appropriation: Jefferson Area Community Criminal Justice Board (CCJB) Grants,
$424,507 {Form #96017).
from agenda.)
FOR INFORMATION:
5.4
Letter dated August 9, 1996, from A. G. Tucker, Resident Highway Engineer, to Robert
W. Tucker, Jr., County Executive, forwarding a copy of the Commonwealth
Transportation Board's approval of fund'mg allocations for the Fiscal Year 1996-97
Revenue Sharing Program.
MEMO TO:
FRC M:
DATE:
SUBJECT:
COUNTY OF
Office of Board of
401 Mc][ntire Road
Charlottesville, Virginia 22902~::~
(804! 29645843 FAX (804)
Robert W. Tucker, Jr., County
Ella W. Carey, CMC, Cie
August 22, 1996
Board Actions, August 21, 1996
Following is a list of actions taken by the Board at its meeting on August 21, 1996:
Agenda Item No'. 1. The meeting was called to Order at 7:01 p.m. Mr. Marshall
was absent.
Agenda Item No. 5.1. Appropriation: HUD Section 8 Housing Assistance, $1,421,-
347 (Form #96016). APPROVED. Original form sent to Melvin Breeden.
Agenda Item No. 5.2 Appropriation: Jefferson Area Community Criminal Justice
Board [CCJB) Grants, $424,507 (Form #96017). APPROVED. Original form sent to
Melvin Breeden.
Agenda Item No. 6. SP-96-22. Branchlands Land Trust. Public Hearing on a
request to establish an assisted living facility on approx 1 ac zoned PUD on Branchlands Dr
W of the existing Branchlands Manor House. TM61Z,P4,Sec 3. Rio Dist.
APPROVED subject to the following conditions:
Development limited to 90 units containing not more than 120 beds;
Prior to occupancy, the applicant shall present to the Zoning Administrator
proof of licensure by the Virginia Department of Health and the Virginia
Department of Social Services;
This use shall be operated only under licensure of the Virginia Department of
Health and the Virginia Department of Social Services.
Agenda Item No. 7. SP-96-23. C. W. Hurt Contractors, Inc. Public Hearing on a
request to establish private school on approx 5.4 ac zoned R-6 located on W sd of
Printed on recycled paper
Robert W. Tucker, Jr.
August 22, 1996
(Page 2)
intersection of Woodbrook Dr & Berkmar Dr. This SUP will replace SP-95-15 which
authorized a day care facility, TM45,P91o Rio Dist:
APPROVED subject to the following conditions:
Enrollment limited to 130 students;
Access limited to Woodbrook Drive;
Virginia Department of Transportation approval of revised traffic figures for
signalization timing.
Agenda Item No. 8. Wal-Mart Stores, Inc. Public Hearing on a request to extend
timeframe for outdoor garden center sales/display from Feb 15 through Jul 5 to Feb 15
through Sept 15 each yr & to expand area allowed for outdoor storage & display to allow
merchandise display on sidewalk in front of store & allow storage in containers on S sd of
store within view of Entrance Corridor. Property on Rt 29 N is zoned HC & EC. TM45,P6-
8D5. Rio Dist,
APPROVED SP-96-24, with the conditions as recommended by the Planning
Commission, with Conditons #2c, #2d, and #2e being amended by language handed out
by staff tonight.
(Note: The conditions of approval read as follows.)
Outdoor display of garden center merchandise may be continued in its
approved location (as allowed by SP-93-38) from February 15 through
September 15 each year. Such merchandise shall be limited to plants and
planting materials. All materials including greenhouse shall be removed from
view of U.S. Route 29 from September 16 through February 14 each year;
2. Approval of an amended site plan to include:
Replacement of existing Noted 7 with "Display/Storage/Sales to be
confined to areas shown on plan and time periods allowed by special
use permit;"
Replacement of Note 1 with: "The 30,000 square foot future expan-
sion is not approved at this time. Future development to be limited
by availability of parking";
Specification of February 15 through September 15 for areas shown
as "Temporary Outdoor Sales Display Area" and "Outdoor Sales
Display Area for Items up to Four feet (4') High" on front sidewalk
area (as illustrated on plan initialled VWC, 8/21/96);
d. Specify "Four Foot (4') Height Limit, Year Round Display" for the
Robert W. Tucker, Jr.
August 22, 1996
(Page 3)
"Outdoor Sales Display Area" on north side of building (as illustrated
on plan initialled VWC, 8/21/96;
Indicate plants/shrubs to be placed around "Temporary Outdoor Sales
Display Area";
fo
Indicate brick wall and opaque fence and landscaping on south side of
building as specified in the July 11, 1996, Architectural Review Board
action letter, with the exception that the trees on the south side of
the wood opaque fence may be omitted.
Agenda Item No, 10. Other Matters not Listed on the Agenda from Board mem-
bers.
Mrs. Thomas mentioned the report of the Solid Waste Task Force which had been
distributed to the Board by the task force. She said the Task Force would like to have a
joint meeting with City Council, the Rivanna Solid Waste Authority and the Board, Mrs.
Thomas said she would prefer to have a work session first. It was agreed that staff would
communicate this idea to the Task Force through Mrs. Nancy O'Brien at the Planning
District Commission, and a time for a work session, and then a separate public hearing will
be discussed at another time.
Agenda Item No. 11. Adjourn. With no further business to come before the Board,
the meeting was adjourned at 8:45 p.m.
LEN/mms
Attachments (2)
cc: Richard E. Huff
Roxanne White
Jo Higgins
Bruce Woodzell
Richard Wood
Amelia McCulley
Jan Spdnkle
Larry Davis
Wayne Cilimberg
Kevin Castner
File
FISCAL YEAR
APPROPRIATION REQUEST
96/97 NUMBER
TYPE OP APPROPRIATION
ADDITIONAL
TRANSFER
NEW~
ADVERTISEMENT REQUIRED ?
PURPOSE OF APPROPRIATION:
YES
NO
.FUNDING FOR FY 96/97 SECTION 8 HOUSING ASSISTANCE GRANT.
X
X
96016
HOUS
~!2P782927300205
LL2276i5215i2800 AUDiT
!1122781921579001 HOUSING ASSISTANCE
1122781922300205 ADMINisTRATiVE FEE
~%!~2278t922312800 AUDIT
1!),822.00
200,00
168,000.00
19,942.00
******************************
ii !
DATE
FISCAL YEAR 96/97
TYPE OF APPROPRIATION
ADVERTISEMENT REQUIRED ?
FUND
PURPOSE OF APPROPRIATION:
APPROPRIATION REQUEST
NUMBER
ADDITIONAL
TR3LNSFER
NEW
YES
NO
FUNDING FOR FY 96/97 CRIMINAL JUSTICE GRANT.
EXPENDITURE
CQST~CENTER/C~TE~ORy ~. ~- DESCRIPTION
~*****'*~**~,~,~,~W~'w~,~,~***~*********
11S2029405566140 PRE-TRIi~L-CVRJ.
] ? 5P02~C06580000 COi{RECTiONS-MiSC ~t'!~!]~-$
2'[5202942 '-" ~
........... REGEON 'fEN
X
X
96017
2. u00.00
'/~,so~- '~"
DIRECTOR OF
BOARD 0F SUPERVISORS
:
DATE
I N T E R
0 F F I C E
MEMO
To:
From:
Subject:
Date:
l~lelvin A. Breeden, Director of Finance ~ }/
Lettie E. Neher, CMC, Senior Deputy Clerk
Appropriations from August 21, 1996 /
August 22, 1996
Attached are the following appropriation forms which were approved at the Board's meeting on
August 21, 1996:
1) Appropriation Form 96016 - Funding for FY 1996-97 Section 8 Housing Assistance Grant
2) Appropriation Form 96017 - Funding for FY 1996-97 Criminal Justice Grant
LEN:mms
c: Roxanne White
Ginnie McDonald
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Appropriation - HUD Section 8 Housing Assistance
SUBJECT/PROPOSAL/REQUEST:
Request approval of Appropriation ~6016 in the amount of
$1,421,347.00.
STAFF CONTACT(S):
Messrs. Tucker, Breeden, Walters, Mss. White, McDonald
AGENDA DATE:
August 21, 1996
ACTION:
CONSENT AGENDA:
ACTION: X
ATTACHMENTS:
REVIEWED BY:
ITEM NUMBER:
INFORMATION:
INFORMA~ON:
Y~~
BACKGROUND:
The Section 8 Housing Program is an ongoing rental assistance program offered bythe Federal Department of HousirLq and
Urban Development (HUD). The Section 8-001 program provides housing assistance with 178 subsidies. Program 8-001 is
[unded threugh June 2002. The Section 8-002 program provides 34 housing vouchers. The Section 8-003 program provides
housing assistance for 34 units.
DISCUSSION:
The final amount of the Federal HUD grant will be determined by the final amount of assistance rendered to residents. It is
estimated that the grant 8-001 should be approximately $1,046,947.00, grant 8-002 should be approximately $188,022.00, and
grant 8~003 should be approximately $t86,378.00, a total of $1,421,347.00.
RECOMMENDATION:
Staff recommends approval of Appropriation #96016 in the amount of $1,421,347.00.
9697 HUD.APP
96.1~-3
APPROPRIATION REQUEST
FISCAL YEAR 96/97
TYPE OF APPRQ~RIATION
NUMBER 96016
ADDITIONAL
TRANSFER
NEW
X
ADVERTISEMENT REQUIRED ?
YES
NO X
FUND ~ '~ GR3~NT
PURPOSE OF APPROPRIATION:
FUNDING FOR FY 96/97 SECTION 8 HOUSING ASSISTANCE GPJ~NT.
EXPENDITURE
COST CENTER/CATEGORY DESCRIPTION AMOUNT
1122781920300205
1122781920312800
1122781920579001
1122781921300205
1122781921312800
1122781921579001
1122781922300205
1122781922312800
1122781922579001
ADMINISTRATIVE FEE
AUDIT
HOUSING ASSISTANCE
ADMINISTRATIVE FEE
AUDIT
HOUSING'ASSISTANCE
ADMINISTRATIVE FEE
AUDIT
HOUSING ASSISTANCE
$94,611.00
400.00
951,936.00
19,822.00
200.00
168,000.00
19,942.00
200.00
166,236o00
TOTAL
$1,421,347o00
REVENUE DESCRIPTION AMOUNT
2122733000330015 SECTION 8-001 $1,046,947.00
2122733000330016 SECTION 8-002 188,022.00
2122733000330017 SECTION 8-003 186,378.00
TOTAL $1,421,347.00
REQUESTING COST CENTER:
APPROVALS:
DIRECTOR OF FINANCE
'BOARD OF SUPERVISORS
HOUSING
SIGNATURE
DATE
APPROPRIATION REQUEST
FISCAL YEAR 96/97 NUMBER 96016
TYPE OF APPROPRIATION
ADDITIONAL
TRANSFER
NEW
X
ADVERTISEMENT REQUIRED ?
YES
NO X
FUND
PURPOSE OF APPROPRIATION:
FUNDING FOR FY 96/97 SECTION 8 HOUSING ASSISTANCE GRANT.
EXPENDITURE
COST CENTER/CATEGORY DESCRIPTION AMOUNT
1122781920300205
1122781920312800
1122781920579001
1122781921300205
1122781921312800
!1227~1921579001
1122781922303205
1122781922312800
1122781922579001
ADMINISTRATIVE FEE
AUDIT
HOUSING ASSISTANCE
ADMINISTRATIVE FEE
AUDIT
HOUSING ASSISTANCE
ADMINISTRATIVE FEE
AUDIT
HOUSING ASSISTANCE
$94,611.00
400.00
951,936.00
19,822.00
200.00
168,000.00
i9,942.00
200.00
166,236.00
TOTAL
$1,421,347.00
REVENUE DESCRIPTION AMOUNT
2122733009330015 SECTION 8-001 $1,046,947.00
2122733000330016 SECTION 8-002 188,022.00
2122733000330017 SECTION 8-003 186,378.00
TOTAL $1,421,347.00
REQUESTING COST CENTER:
APPROVALS:
DIRECTOR OF FINANCE
BOARD OF SUPERVISORS
HOUSING
S I GNATURE
DATE
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Appropriation Jefferson Area Community Ct/m/hal Justice Board
(CCJB) Grants
SUBJECT/PROPOSAIJREOUEST:
As fiscal agent for the CC,1B, request approval of Appropriation
#96017 in the mount of $424,507 in Department of Criminal
Justice funds to OAR: the Central Vkginia Regional Jail and
Region Ten.
STAFF CONTACT(S):
Messrs. Tucker, Waiters, White
AGENDA DATE:
August 2t, 1996
ACTION: ]NFORMATION:
CONSENT AGENDA:
ACTION: X INFORMATION:
ITEM NUMBER:
BACKGROUND:
Albemarle Coung! serves as the fiscal agent for the Jefferson Area Community Criminal Justice Board and in that capacity must appropriate
funds awarded to the CCJB by the Department of Criminal Justice Sendces. The County conlrscts with eommmaity agencies to provide the
services stipulated th the state grant.
I}IS CUSSION:
For FY 96/97, the Department of Criminal Justice Services awarded $424,507 to the CCJB to be allocated in the following way:
Offender Aid and Restoration, Inc. for pretrial and community corrections services at the Charlottesville/Albemarle $oint Seenrity Complex
and community corrections sc-rvices at the Central Virginia Regional Jail:
Central Vkginia Regional Jail for pretrial sendces:
Region Ten Community Services Board for a Public Inebriate Center (M&r House):
Commumty Criminal Justice Board for office expenses:
$283,822
$60,155
$78,530
$ 2~00
RECOMMENDATION:
Stall'recommends approval of Appropriation #96017 in the mount of $424,507 in Department of Criminal Justice funds to be distributed to
the above agencies.
96.157
APPROPRIATION REQUEST
FISCAL YEAR 96/97 NUMBER 96017
TYPE OF APPROPRIATION
ADDITIONAL
TRANSFER
NEW
X
ADVERTISEMENT REQUIRED ?
YES
NO X
FUND GRANT
PURPOSE OF APPROPRIATION:
FUNDING FOR FY 96/97 CRIMINAL JUSTICE GRANT.
EXPENDITURE
COST CENTER/CATEGORY DESCRIPTION AMOUNT
1152029405566120 PRE-TRIAL-OAR $70,787.00
1152029405566140 PRE-TRIAL-CVRJ 60,155.00
1152029406566120 CORRECTIONS-OAR 213,035.00
115202940658C000 CORRECTIONS-MISC 2,000.00
1152029410566150 REGION TEN 78,530.00
TOTAL $424,507.00
REVENUE DESCRIPTION AMOUNT
2152024000240440 COMPREHENSIVE COMMUNITY CORRECTIONS $424,507.09
TOTAL
$424,507.00
REQUESTING COST CENTER:
COUNTY EXECUTIVE
APPROVALS:
DIRECTOR OF FINANCE
BOARD OF SUPERVISORS
SIGNATURE
DATE
DAVID R. GEHR
COMMISSIONER
COMMONWEALTH o[ VIRE INIA
DEPARTMENT OF TRANSPORTATION
701 VDOT WAY
CHARLOq-I'ESVILLE 22911
A. G. TUCKER
RESrDENT ENGINEER
Augus~ 9, 1996
Mr Robert W Tucker, Jr.
County Executive
401 McIntire Road
Charlottesville, VA 22902
Dear Mr. Tucker:
Primary and Secondary Road Fund
Revenue Sharing 1996-97 Fiscal Year
Attached for your information please find ~ copy of a resolution passed by the
Commonwealth Transportation Board approving funding allocations for the fiscal year
1996-97 Revenue Sharing Program.
Albemarle County's requesE for funds 5o apply toward the zmprovemen~ of Route
631 /prosecE 0631-002-128, C502} were included as paru of this allocation approval.
Should you have any questzons, please feel f~ree uo contact this office.
Sincerely,
A. G. Tucker
CLW/smk
attachment
~ z
TRANSPORTATION FOR THE 218T~C;EN UFW
COUNT, ,t, ~.,._BEM,,, .~.E
14 199 t,
EXECUTIVE OFFICE
Moved by Mr. Byrd
, and seconded by Mr. Martin ,that
WHEREAS, Section 33.1-75.1 of the Code of Virginia prescribes the annual
allocation of state funds to provide an equivalent matching allocation for certain local
funds designated by .the governing body to be placed in a special fund account known
as "County Primary and Secondary Road Fund"; and
WHEREAS, ~ special fund account %.. shall be used solely for the purposes
of either (i) maintaining, improving, or constructing the primary and secondary system
within such county, or (ii) bringing subdivision streets, used prior to July 1, 1983, up
to standards sufficient to qualify them for inclusion in the state primary and secondary
system... "; and
WHEREAS, the governing bodies of the counties electing to participate in this
program for Fiscal Year 1996-97 have, with the Departmem, identified specific eligible
items of work to be financed from the special fund account as indicated on "Attachment
A"; and
WHEREAS, it appears that these items of work fall Within the intent of Section
33.1-75.1 of the Code of Virginia, and comply with the guidelines of the Department
for use of such funds.
NOW, THEREFORE, BE IT RESOLVED, that the Commonwealth
Transportation Board hereby approves the allocation of these funds as set forth in
"Attachment A.'
Motion Carried
7-18 -96
COUNTY OF ALBEMARLEili
Dept. of Planning & Communit~
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
July 25, 1996
Ronald H. J. Langman, Tr
Branchlands Land Tr
P 0 Box 7060
Charlottesville, VA 22906
RE: SP-96-22 Branchlands Land Tr., Tax Map 61Z, Section 3, Parcel 5A
Dear Mr. Langman:
The Albemarle County Planning Commission, ar its meeting on July 23, 1996, unanimously
recommended approval of the above-noted petition to the Board of Supervisors. Please note that
this approval is subject to the following conditions:
Development limited to 90 units containing not more than 120 beds;
Prior to occupancy, the applicant shall present to the Zoning Administrator proof of
licensure by the Va. Department of Health and the Va. Department of Social Services;
This use shall be operated only under licensure of the Va. Department of Health and the
Va. Department of Social Services.
Please be advised that the Albemarle County Board of Supervisors will review this petition mad
receive public comment at their meeting on Angust 21, 1996. 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 schedule hearing date.
If you should have any questions or comments regarding the above noted action, please do not
hesitate to contact me.
Sincerely,
Ronatd S. Keeler
Chief of Planning
cc: Ella Carey Amelia McCulle¥ Jo Higmns
STAFF PERSON: RON KEELER
PLANNING COMMISSION: JULY 23, 1996
BOARD OF SUPERVISORS: AUGUST 21, 1996
SP-96-22 BRANCHLANDS LAND TRUST
Applicant's Proposal: The applicant proposes "to develop an assisted living facility at
Branchlands Retirement Village called 'Whistler House.' This facility will be a 4-story brick
facade designed to complement the other homes at Branchlands Village. This new building shall
have 90 units, and will be able to accommodate a maximum of 120 beds. This facility is
proposed to provide assisted living care and will be licensed by the State Health Department and
the Department of Social Services as an assisted living residential facility." (Attachment D; also
contains applicant's justification).
Petition: Brancklands Land Trust petitions the Board of Supervisors to ~ssue a special use permit
for the establishment of an assisted living facility [20.3.2 (3)]on about 1 acre zoned PUD,
Planned Unit Development. Property, described as Tax Map 61Z, Section 3, Parcel 53_, is
located on (unimproved) Branchlands Drive west of the existing Manor House. This site, located
in Neighborhood 2 in the Rio Magisterial District, is recommended for urban density residential
(6-34 du/ac).
Character of the Area: This site is vacant and has been subject to grading activity in
conjtmction with other development within the PUD. Branchlands PUD consists of commercial
and residential development. To the west of this site is a day care center. Properties to the north
east and south are a part of the Branchtands retirement village. Sargent House apartment
building adjacent to this site has been approved for construction and Lilac Court townhouses are
under construction. Whistler House was originally approved as a 49-unit apartment building
(See 'Planuing and zoning history' and Attachments A, B, C).
RECOMMENDATION:
Smffhas reviewed this request for compliance with the provisions of Section 31.2.4.1 of the
Zoning Ordinance and recommends approval.
Planning and Zoning History_:
December, 1980- Branchlands PUD was amended to include the Branchlands retirement village
as the primary residential component of the PUD (SP-80-63). For security reasons, private roads
were allowed throughout the village.
December, 1985- A special use permit was approved allowing location of a 120-unit congregate
care center. That special use permit expired.
April, 1995- Planning Commission grants approval of one-way circulation, angled parking and
activity on critical slopes for Branchlands Village Phase Two Preliminary Site Plan. This plan
included Whistler House as a 49 unit apartment building as well as Lilac Court townhouses
and Sargent House apatunents.
November, 1995- Final site plan for Branchlands Village Phase Two approved administratively.
Corn, rehensive Plan.'_ This area is recommended for urban residential with a density of 6-34
du/ac. As a residential use, staff opinion is that the proposal is consistent with the
Comprehensive Plan.
STAFF COMMENT:
This proposal is very similar to the congregate care facility approved in 1985. That approval was
for 120 units (described as 96 one-bedroom, 18 studio apartments and 6 two-bedroom units).
This proposal is for 913 units with a maximum of I20 beds. Due to the passage of time and
changes in the area, staffwill provide full review of this petition.
Staffwill address each provision of Section 31.2.4.1 of the Zoning Ordinance.
The Board of Supervisors hereby reserves unto itself the right to issue all special use
permits permitted hereunder. Special use permits for uses as provided in this ordinance
may be issued upon a fmding by the Board of Supervisors that such use will not be of
substantial detriment to adjacent property_,
As stated earlier, this project would be a part of the Branchlands retirement village. While
occupancy would not be reserved exclusively for residents of the community, staff views the
proposal as a reasonable addition. Extended care facilities were envisioned early in the
conceptual development of Branchlands Village and are intended as complimentary to existing
development (See Attachment D- Applicant's Justification).
that the character of the districl will not be changed (by the presence of the use),
The presence of Branchlands Village, the Pepsi Place Senior Center and the approved JABA
Adult Day Care Center as well as Our Lady of Peace (independent, assisted and nursing care) in
vicinity of this proposal have established an elderly-service orientation to the area. Staff does not
anticipate this proposal would change the character of the area; staff believes the assisted care
facility would be complimentary to other uses in the area.
and that such use will be in harmony with the purpose.and intent of this ordinance,
Staff has reviewed the purpose and intent of the ordinance as contained in Sections 1.4, 1.5, and
1.6. Staff opinion is that this request is consistent with the purpose and intent of the ordinance as
it provides for "public health, safety, convenience and welfare" as well as "healthy surroundings
for family life" for not only residents of the Branchlands Village, but the community at large. In
addition, as evidenced by the need for State certification, this use provides for a certain type of
housing need.
with uses permitted by right in the district,
This use will not prohibit or affect permitted uses of adjacent property.
with additional regulations provided in Section 5.0 of this ordinance,
Section 5.1.13 is applicable to this proposal (Attachment E). Staff opinion is that this proposal
satisfies all provisions of Section 5.1.13. The surroundings are compatible to the use. Fire
protection reqmremems will be met at time of site plan review. Located in the urban area.
emergency service response will be among the shortest time periods in the County. As stated
earlier, other elderly support uses are provided in the vicinity. Recommended conditions will
require licensure by State agencies.
and with the public health, safety_, and general welfare.
Roadways in Branchlands were designed to accommodate the maximum development of the
area. including through traffic. A universal and binding stormwater management plan was
required by the County, and all future uses must comply with that plan (The approved site plan
for Branchlands Phase Two will be subject to amendment review for this assisted housing
facility and minor changes proposed by the applicant). Staff has identified no aspects of this
proposal which is contrary to the general public health, safety, and welfare.
SUMMARY:
All aspects of review have been positive to this proposal. This use, for elderly convenience,
would be situated within an elderly housing development. While not reserved for residents of
Branchlands Village, the proposed development would be conveniem to Branchlands. The
Senior Center at Pepsi Place and JABA Adult Day Care Center within the Branchlands PUD will
be convenient to the residents of Whistler House.
RECOMMENDED ACTION:
Staff has reviewed the proposal for consistency with Section 31.2.4.1, criteria for issuance of a
special use permit, as well as Section 5.1A3.which deals with uses ofthis type and staff
recommends approval subject to the following conditions:
1. Development limited to 90 units containing not more than 120 beds.
2. Prior to occupancy, the applicant shall present to the Zoning Administrator proof of
licensure by the Va. Department of Health and the Va. Department of Social Services,
3. This use shall be operated only under licansure of the Va. Department of Health and
the Va. Department of Social Services.
ATTACHMENTS
A- Tax Map
B- Plat of Site Area
C~ Plan of Branchlands Village
D- Applicant's Description of Request and Justification
E- Section 5.1.13 of Zoning Ordinance
ATTACHMENT A ! ' '.,
,
SP-96-22
BRANCHLANDS LAND TRUST
I
I
ALBEMARLE COUNTY
6
SP-96-22
BRANCHLANDS LAND TRUST
~ CHAPEL HILLS
BRANCHLAND
4~ BRANCHLAND RETIREMENT VILLAGE
~ D.B. 560-526
~ BEOOKMILL CONDOMINIUMS
--I thrug D.B.889/BIBo6B5
- ~) BRANCHLANDS PHAGE 4
Q BRANCHLANDS
2~__ = zo= .... ~ ~ CHARLOTTSVILLE DISTRICT SECTION 61Z
/
/
.'./
ATTACHMENT D
SPECIAL USE PERMIT APPLICATION
Description of Request:
We intend to develop an assisted living facility at Branchlands Retirement Village called
"Whistler House". This facility will be a 4-story brick facade designed to complement the
other homes at Branchlands Village This new building shall have 90 units, and will be able
to aeeomodate a maximum of 120 beds. This facility is proposed to provide assisted living
care and will be licensed by the State Health Department and The Department of Social
Service as an assisted living residential facility.
Justification:
Branchlands Retirement Village currently has 175 homes primarily occupied by elderly
residents. We have noticed an increased need for additional services for these residents. In
addition the Charlottesville/Albemarle area is seeing a rapid growth in the 80+ population
that this facility is intended to serve. Branchlands Village is in an excellent location for
this type of facility due to it's close proximity to the Senior Center and the proposed
Thomas Jefferson Adult Day Care Center and other local services.
The site where this facility is currently located is on Phase 2B (see attached plat and master
plan) which is served by 61.25 spaces at 1.25 space/du. The new facility will have up to 120
beds in 90 units for a total need of 30 spaces at I space per 4 beds. This will cause there to
be 21.25 additional spaces on the site. We would like this building counted at 90 units
which would leave 21 more units of density in this portion of the Branchlands P.U.D.
ATTACH MENT E
5.1~13
REST
ao
HOME.. NURSING HOME, CONVALESCENT HOME, ORPHANAGE
Such uses shall be provided in locations where the
physical surroundings are compatible to the particular
area;
No such use shall be established in any area either by
right or by special use permit until the Albemarle
County fire official has determined that adequate fire
protection is available to such use;
Generally such uses should be located in proximity to
or in short response time to emergency medical and fire
protection facilities. Uses for the elderly and
handicapped should be convenient to shopping, social,
education and cultural uses;
No such use shall be operated without approval and,
where appropriate, licensing by such agencies as the
Virginia Department of Welfare, the Virginia Department
of Health, and other such appropriate local, state and
federal agencies as may have authority in a particular
case.
-63.1- (Supp. ~52, 11-15-89)
July 25,1996
COUNTY OF ALBEMARLE
Dept. of Planning & CommuniW Development
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-$823
Steve Melton
C W Hurt Contractors, [nc
195 Riverbend Dr
Charlottesville, VA 22911
RE: SP-92-23 C W Hurt Contractors, Inc.
Tax Map 45, Parcel 91
Dear Mr. Melton:
The Albemarle County Planning Commission, at its meeting on July 23, 1996, by a vote of 5-1,
recomroended approval of the above-noted petition t~ the Board of Supervisors. Please note. that
this approval is subject to the following conditions:
Enrollment limited to 130 students;
Access limited to Woodbrook Drive;
Virginia Department of Transportation approval of revised traffic figures for
signalization timing.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on August 21. 1996. Any new or additional
information regarding your application must be submitted to the Clerk of the Board of
Supervisors at least seven days prior m your schedule heating date.
If you should have any questions or comments regarding the above noted action, please do not
hesitate to contact me.
Sincerely,
Ronald S. Keeler
Chief of Planning
RSK/jcf
cc: ~:Care~ Jo Higgins
Amelia McCulley William Stevenson
STAFF PERSON: RON KEELER
PLANNING COMMISSION: JULY 23, 1996
BOARD OF SUPERVISORS: AUGUST 21, 1996
SP-96-23 C. W. HURT CONTRACTORS, INC.
Applicant's Pronosal: "The applicant is requesting to change the currem special use permit
SP-95-31 approved on July 12, 1995 for a preschool/day care to an elementary school to be
owned and operated by Northside Baptist Church.
The elementary school would require a 2,000 sq. ft. addition to the existing building that would
allow a maximum enrollment of 130 children and 11 staff. The developer is in the process of
working with.., the Planning Department to revise the site plan that is under the final review
process to incorporate the above mentioned addition.
The site now consists of 5.391 acres (Tax Map 45, Parcel 91) but will be subdivided.., to
encompass a total of 1.045 acres. A fenced playground area of approximately 2, 500 sq. ft. will
also be incorporated on the grounds." (Attachment C; also contains applicant's justification).
Petition: C.W. Hurt Contractors, Inc. petitions the Board of Supervisors to issue a special use
permit for a private school [22.2.2(6)] on about 5.4 acres zoned C-1 Commercial. Property,
described as Tax Mag 45, Parcel 91, is located on the west side of Berkmar Drive at its
intersection with Woodbrook Drive in the Rio Hill Magisterial District. This site is
recommended for Transitional uses in Neighborhood 1.
Character of the Area: The property immediately to the south is Agnor-Hurt elementary school.
Rio Hill Shopping Center is across Berkmar Drive. Other properties in the immediate area have
recently received commercial zoning and preliminary site plan approval.
RECOMMENDATION:
Staff has reviewed this request for compliance with the provisions of Section 31.2.4.1 of the
Zoning Ordinance and recommends approval.
Planning and Zoning History:
May, 1988- A portion of this site was rezoned with ZMA-88-06 from HC, Highway Commercial
to R-6 Residential as agreed by the developer of the Rio Hills Shopping Center.
October, 1990- Staff approved the subdivision plat creating the public school site.
December, 1991- A request ro rezone the site to R-15 Residential (ZMA-89-09) was denied.
This denial was due in part to questions regarding the alignment of the proposed bypass, level of
development, access, and impact on the school.
March, 1994- A request to rezone the site to CO, Commercial Office was denied [ZMA-93-14],
This request was denied due to Comprehensive Plan recommendations for land west of Berkmar
Drive.
July, 1995- A special use permit to allow a day care center with an enrollment of 70 children was
approved.
May, 1996- Rezoning of 3.6 acres (including this site) from R-6 Residential to C-1 Commercial
approved. Proffers on the rezoning were intended to exclude uses which may not be compatible
to the Agnor-Hurt school.
Comprehensive Plan: The Comprehensive Plan recommends Transitional land uses for this area
and staff opinion is that a private school is consistent with this designation.
STAFF COMMENT:
Staff opinion is that locational criteria, issues of compatibility to surrounding uses and other
considerations of special use permit review are very similar for a day care center and a private
elementary school (Also, .the adjoining property is developed with a public elementary school).
Therefore, staff comment will focus primarily on changes in circumstance in the area and
differences between this proposal and the approved day care in terms of intensity of use.
Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance.
The Board of Supervisors hereby reserves unto itself the right to issue all
special use permits permitted hereunder. Special use permits for uses as
provided in this ordinance may be issued u_pon a finding by the Board of
Supervisors that such use will not be of substantial detriment to adjacent
property.
The prior staff report noted no negative impacts on Agnor-Hurt school nor on residential
properties in the area. Since approval of this site for a day care facility in July, 1995, this site,
land between this site and Berkmar Drive and land across the unconstmcted extension of
Woodbrook Drive were rezoned to C-1 Commercial with proffers. Uses as limited by the
proffers were proposed, in part, to be compatible to Agnor-Hurt school and the day care center.
That the character of the district will not be changed (by the presence of the use),
The building has a residential design. An elementary school is adjacem to this site. No change
in the character of the district is anticipated.
that such use will be in harmony with the nurpose and intent of this ordinance.
Staff has reviewed the purpose and intent of the ordinance as contained in Sections 1.4, 1.5, and
1.6. Staff opinion is that this request is consistent with the purpose and intent of the ordinance as
it provides for educational facilities, and provides a convenience due to its location near
employment centers and nearby urban scale residential areas.
with uses permitted bv right in the district.
This use will not prohibit or affect permitted uses of adjacent property.
With additional regulations provided in Section 5.0 of this ordinance.
Section 5.0 contains no special regulations applicable to private schools.
And with the public health, safety_ and general welfare.
This site will be served by extension of Woodbrook Drive. The intersection of Berkmar and
Woodbrook Drives has been signalized. VDoT has stated that:
"The establishing of a private school with an increase in the size of
the building will increase the traffic onto Woodbrook and Berkmar.
The traffic generation for the day care was 317 VPD. The private
school with a conservative estimate would probably be 700+ VPD.
This would not be a major impact, but would probably lower the level
of service for intersection during peak hours. It is my undemtanding
that a traffic [study] update is being done to show private school with
additional square footage."
Staff has discussed these comments with VDoT. The traffic generation figures include estimates
of after-school activities and are acknowledged as a high estimate. VDoT has further commented
that the level of service at the intersection would not be greatly affected but a traffic update is
needed to determine signal phasing. VDoT has agreed to install/time the signal at the
developer's expense.
SUMMARY:
Staff opinion is that the proposal satisfies the criteria for special use permit. The only negative
factor is traffic generation, however, traffic should not be significantly greater than would be the
case if the property were developed with other commercial uses.
RECOMMENDED ACTION:
Staff recommends approval subject to the following conditions:
1. Enrollment limited to 130 students.
2. Access limited to Woodbrook Drive.
3. VDoT approval of revised traffic figures for signalization tim'mg.
ATTACHMENTS
A- Location Map
B- Tax Map
C- Applicant's Description of Request and Justification
ATTACHMENT A~ :
SP-96-23
C.W. HURT CONTRACTORS
INC.
I
ALBEMARLE
COUNTY
ATTACHMENT B
CHARLOTTESVILLE RIVANNA 8
.............. SECTION 45
JACK JOUETT DISTRICTS
ATTACHMENT C
DESCRIPTION OF REQUEST:
Spee'ml Use Permit
Private Elementary School
K-5 through 6th Grade
May 28, 1996
The applicant is requesting to change the current special use pemait SP-95-31 approved on July
12, 1995 for a preschool/daycare to an elementary school to be owned and operated by Northside
Baptist Church.
The elementary school would require a 2,000 sq. ft. addition to the added on to the existing
building that would allow a maximum enrollment of 130 children and 1l stafl~ The developer is ia
the process ofworkiag with Claudia Paine ia the Planning Department to revise the site plan that
is under the final review process to incorporate the above mentioned addition.
The site now consists of 5.391 acres (Tax Map 45 Parcel 91) but will be subdivided as shown on
the attached site plan (Phase I) to encompass a total of 1.045 acres. A fenced playground area of
approximately 2,500 sq. ft. wffi also be incorporated onthe grounds.
MAY ~8 1996
JUSTIFICATION
Special Use Permit
Private Elc~menta~ School
K-5 through 6th Grade
May 28, 1996
As mentioned ia our description of request, this site has a special use permit that was approved on
July 12, 1995 (SP-95-31) for a preschool/daycare facility. Uafommatley, this business transaction
could not be completed and the site has recently gone und~ contract to the Northside Baptist
Church to operate a elementary school
The only thing that will change from the original special use permit is that a 2,000 sq. t~. addition
wffi be added to the existing structure and the age group wffi change from preschool/daycare to
elementaxy school, grades K-5 through 6tl~ As shown on the enclosed site plan Phase Two will
be a retail/office complex as will Phase Four, Berknnar Northwest ia wtfich the site plan is now
under review. Access for the school will stffi be from Woodbrook Drive extended which is
signalized at the intersection with Berkmar Drive.
On May 8, 1996 the Board of Supervisors approved a request to rezone Phase One, Two, Your
and Five from R-6 to C- 1. This rezoniag was approved knowing at the time a preschool/daycare
facility would be occupying Phase One.
In reviewing this new request, we can see no negative impact to the adjacent Agnur-Hur~ School
and it will not affect adjacent properties. The use group is basically the same as the current special
use permit only with a higher grade level.
I have included a letter fxom Wffiiam Templeton of the Nor~hside Ministxies that will give a brief
history of their operation.
RECEIVED
NORTHSIDE MINISTRIES
Norths/de Bapt/st Omrch
Non/as/de ~ Sc/moB,/nc.
P.O. Box 6839
Charlottesville, V'wginia 22906
Main Number (804) 973-6571
Toll Free 800-777-8358
Church Fax: (804) 974-6799 School Fax: (804) 971-6709
May 24, 1996
TO WHOM IT MAY CONCERN:
Northside Baptist Church was founded in Albemarle County in 1976. A small congregation
under the direction of Dr. C. Spurgeon Paschall started in northern Albemarle by meeting
in a school. Soon they were able to rent another church building, and they remained there
until they built their present church site at 1325 East Rio Road. The church experienced
unusual growth between 1982 and 1987.
Part of the vision of the congregation was to touch as many people in our area as possible
and to do so in areas of their lives where they needed the most help. In June of 1987 the
pastor, Rev. William M. Templeton, was approached by a group of people from several
churches to start a Christian school. As a result, Northside Christian School, Inc. a non-
profit organization, was founded. From that beginning with just over 30 students, NCS has
grown and today serves over 200 families. We offer infant care, (6 weeks through 12
months), day care, (12 months through 36 months), preschool, (3 & 4 years old), elementary,
(K-5 through 6th grade), and high school, (7th through 12th grade).
In 1988, NCS began to rent facilities located 1414 Westwood Road in the city. Since then
Northside Baptist Church has purchased those facilities, and both the day care/preschool
and the academic school is running out of room. Our hope is to re-locate our elementary
school to a new facility at 615 Woodbrook Drive, leaving infant care, daycare, and preschool
at the Westwood Road location.
We expect to house around 130 students in the new building with 11 staff members. Our
hours of operation will be from approximately 8:00 A.M. to 4:00 P.M. NCS does not
discriminate in race, color, creed, sex. or culture. Our elementary tuition base is $2,600.00
per student, payable over 10 months.
Graduates from NCS have been accepted at colleges such as: University of Virginia, James
Madison University, Liberty University, and Clear Water College in Clear Water, Florida.
If we can furnish any other information that would be helpful, please call.
Sincerely,
Wifllia.m M..TemP¥on ,~
/
U6¥ 28 }996
July 25, 1996
COUNTY OF ALBEMARLE
Dept. of Pla~nin~l & Community Development
401 Mclntire Road
Charlottesville, Virginia 22902&596
(80~) 296-5823
Dana Green
Walmart Store 1780
975 Hilton Heights Rd
Charlottesville, VA 22901
SP-96-24 Wal-Mart
Tax Map 45, Parcel 68D5
Dear Ms. Green:
The Albemarle County Planning Commission, at its meeting on July 23, 1996, unmfimously
recommended approval of the above-noted petition to the Board of Supervisors. Please note that
this approval is subject to the following conditions:
Outdoor display of garden center merchandise may be continued in its approved location
(as allowed by SP 93~38) from February 15 through September 15 each year. Such
merchandise shall be limited to plants and planting materials. All materials including
greenhouse shall be removed from view of U.S. Route 29 from September 16 through
February 14 each year.
2. Approval of an amended site plan to include:
Replacement of existing Note 7 with: "Display/Storage/Sales to be confined to
areas shown on plan and time periods allowed by special use permit."
"Th ' '
Replacement of Note 1 with: e 30,000 square foot future expansion ts no~
approved at this time. Future development to be limited by availability of
parking."
Page 2
July 25, 1996
Specification of Feb 15 thru Sept 15 for areas shown as "Temporary Outdoor
Sales Display Area" and "Outdoor Sales Display Area for Items up to 4' High".
Specify "4' Height Limit, Year Round Display" for the "Outdoor Sales Display
Area".
e. Indicate plants/shrubs to be placed around "Outdoor Sales Display Area".
Indicate brick wall and opaque fence mad landscaping on south side of building as
specified in the July 11, 1996 Architectural Review Board action letter, with the
exception that the trees on the south side of the wood opaque fence may be
omitted.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on August 21, 1996. 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 schedule hearing date.
If you should have any questions or comments regarding the above noted action, please do not
hesitate to contact me.
Sincerely,
· Lilley
Senior Planner
RAL/jcf
CC:
Ella Carey
Jo Higgins
Walmart Stores, Arkansas
Amelia McCulley
Fred Ameen, Bury & Pittman
approval is subject to the following conditions:
Outdoor display of garden center merchandise may be continued in its approved location
(as allowed by SP 93-38) from February 15 through September 15 each year. Such
merchandise shall be limited to plants and planting materials. All materials including
greenhouse shall be removed from view oflJ.S. Route 29 from September 16 through
February 14 each year.
2. Approval of an amended site plan to include:
Replacement of existing Note 7 with: "Display/Storage/Sales to be confined to
areas shown on plan and time periods allowed by special use permit."
Replacement of Note 1 with: "The 30,000 square foot future expansion is not
approved at this time. Future development to be limited by availability of
parking."
Specification of Feb 15 thru Sept 15 for areas shown as "Temporary Outdoor
Sales Display Area" and "Outdoor Sales Display Area for Items up to 4' High"o~
Specify "4' Height Limit, Year Round Display" for the ~'Outdoor Sales Display
Indicate plants/shrubs to be placed around ~Outdoor Sales Display Area".
Indicate brick wall and opaque fence and landscaping on south side of building as
specified in the July 11, 1996 Architectural Review Board action lelter, with the
exception that the trees on the south side of the wood opaque fence may be
omitted.
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
RON LILLEY
JULY 23, 1996
AUGUST 21, 1996
$P-96-24 WAL-MART STORES. INC.
Applicant's Proposal: To expand the outdoor storage and display currently allowed under SP
93-038. extending the timeframe for outdoor storage, display and sales of garden center
merchandise from February 15 through July 5 to February 15 through September 15 each
year. and to expand the area allowed for outdoor storage and display to allow merchandise
display on the sidewalk in front of the store, and to allow storage in containers on the south
side of the store, within view of the Entrance Corridor, Route 29.
Petition: To grant a Special Use Permit for an expansion of the outdoor storage and disptay
within the EC, Entrance Corridor overlay district [Section 30.6.3.2 of the Zoning Ordinance]
(underlying district is HC, Highway Commercial). Property, described as Tax Map 45, Parcel
68D5, is the site'of the existing Wal-Mart store located on U.S. Route 29 North in the Rio
Magisterial District. This property is located in a designated growth area (Neighborhood 1)
and is recommended for Regional Service. A location map is included as Attachment A. The
applicant's justification for titis request is included as Attachment B.
Character of the Area: The site contains the existing Wal-Mart store and its supporting
parking. The area around this property is urban, with various commercial uses and heavily-
traveled roads in the immediate vicinity. Other uses in the immediate area involving outdoor
storage and display include a retail nursery and two auto dealerships (all pre-dating the EC
designation).
RECOMMENDATION: Staff has reviewed this request for compliance with the provisions of
Sections 31.2.4.1 and 30.6.3.2 oft he Zoning Ordinance and recommends approval with
conditions.
STAFF COMMENT:
All of these requests are based on the Entrance Corridor overlay zoning district, which requires
special use permit approval for outdoor storage and display. The Albemarle County
Architectural Review Board (ARB) comments on this proposal are the primary consideration in
evaluating the impact of the proposal. The ARB comments are provided as Attachment C. The
area presently authorized for outdoor display under SP 93-38 is illustrated on Attachment D. The
areas proposed by the applicant for display/storage are illustrated on Attachment E, The areas
proposed for display/storage as modified by stuff/ARB recommendations are illustrated on
Attachment F.
The additional timeframe for the outdoor garden center sales represents a moderate extension of
the existing use, The additional storage containers represents a significant expansion of the
currem use, but, with certain design measures, should not have a significant impact on the
Entrance Corridor due to limited visibility and do not appear to pose circulation or access
problems on the site. The request for display of merchandise (including non-garden center
merchandise) along the fi.om sidewalk is considered a new use fi.om the presently allowed uses.
The ARB has no objection to extending the time allowed for outdoor storage/display of garden
center merchandise fi.om July 5 to September 15, and recon~trnends that trees and shrubs be
placed on the outside of the fenced area to soften the visual effect of the fencing from Route 29
North.
The ARB only supported outdoor display, including the front sidewalk area. of garden center
merchandise, limited to plants or planting materials, with all bagged materials such as mulch,
stone, etc. to be screened from view. Therefore, the request for sidewalk display of other types
of merchandise is not supported by the ARB.
The ARB supported the placemem of storage containers on the south side of the building on the
condition that they be screened frdm view of Route 29 with a brick wall of 9' to 10' in height, and
included other design conditions regarding screening of the proposed storage comamer area.
Regarding the criteria for issuance of a special use permit, staff opinion is that, with appropriate
conditions:
The use will not be of substantial detriment to adjacent property;
The outdoor storage and display of garden center merchandise presently exist fi.om mid-
February to early July. Extension of this use until mid-September should not pose any
detriment to adjacent properties. With appropriate screening, the proposed storage
container area should be of limited visibility to adjacent properties and should not pose
any detriment to adjacent properties.
the character of the district will not be changed:
The primary concern with regard to the character of the district is the potential impact on
the Entrance Corridor. The ARB recommendations to protect the character of the district
are expected to be sufficient and are supported as recommended conditions for special use
permit approval.
the use will be in harmony with the purpose and intent of the Zoning Ordinance and
with the uses in the area;
With limitations on the type of merchandise displayed, tlie outdoor display would be
consistent with that presently allowed in the area and with the purposes of the Highway
Commercial district. The outdoor storage, in appropriate structures or containers and
kept out of view fi.om Route 29, would be consistent with that presently allowed and with
the purposes of the Highway Commercial district.
the use will be consistent with public health and welfare.
There is nothing unusually hazardous or objectionable about the proposed use. The major
concern with regard to public health and welfare for this request relate to its potential
impact on local circulation and parking needs. With suitable conditions, these concerns
can be addressed.
The present location of the garden center outdoor display area (in front of the building in
the northernmost rows of parking) occupies a total of 68 parking spaces, which still
allows for adequate parkiag and circulation. A potential 30,000 SF addition to the
building is shown on the site plan (the addition is not approved at this time), which would
delete 60 parking spaces. If the 30,000 SF addition is constructed, there would be a
shortage of 8 parking spaces, with no reasonable area to make up this shortage apparent.
This was pointed out at the time the current special use permit for outdoor storage and
display was under review and a condition of the current special use permit is:
The plan notes must indicate that the 30,000 square future expansion is not
approved at this time. Future development to be limited by availahility of
parking.
Other conditions of the present special use permit related to amendments to the site plan
included verification of parking requirements, verification of adequate veh/cular
circulation, and documenting the approved storage/display area. The amended site plan
submitted in support of this request has been reviewed for these concerns and can be
approved with the conditions noted below.
SUMMARY: The request for an extension of the time for outdoor garden center display is
supported by staff, with a limitation that front sidewalk display be limited to plants and planting
materials and a condition that plants and shrubs be placed around the garden center display
within the parking lot. The outdoor display on the north side of the garden center area is
supported by staff, with a limitation on the height of the items displayed. The request for
outdoor storage on the south side of the building is supported, with a condition that appropriate
fencing and landscaping be provided.
RECOMMENDED ACTION:
Staffrecommends approval of this special use permit request, with the following conditions:
Outdoor display of garden center merchandise may be continued in its approved location
(as allowed by SP 93-38) from February 15 through September 15 each year. Such
merchandise shall be limited to plants and planting materials. All materials including
greenhouse shall be removed from view of U.S. Route 29 from September 16 through
February 14 each year.
2. Approval of an amended site plan to include:
Replacement of existing Note 7 with: "Display/Storage/Sales to be confined to
areas shown on plan and time periods allowed by special use permit."
Replacement of Note 1 with: "The 30,000 square foot future expansion is not
approved at this time. Future development to be limited by availability of
parking."
Specification of Feb 15 thru Sept 15 for areas shown as "Temporary Outdoor
Sales Display Area" and "Outdoor Sales Display Area for Items up to 4' High"
and specification that the "Outdoor Sales Display Area for Items up to 4' High" be
limited to plants and planting materials only.
Speci .fw "4' Height Limit, Year Round Display" for the "Outdoor Sales Display
Area".
Indicate plants/shrubs to be placed around "Outdoor Sales Display Area".
Indicate brick wall and opaque fence and landscaping on south side of building as
specified in the July 11, 1996 Architectural Review Board action letter.
ATTACFIMENTS:
A - Location Map
B - Applicant's justification for request
C - Architectural Review Board recommendations
D - Display Area approved by SP 93-38
E - Applicant's proposed display/storage areas
F - Staff/ARB recommendations for display/storage areas
I:\general\share\liltey\walman2.sp
_BEMARLE
SP-96-24
WAL-MART STORES, INC.
JACK JOUETT, RIVANNA AND SECTION 45
CHARLOTTESVILLE DISTRICTS
SECTION 61
WaP'Mart Store 1780
975 Hilton Height Road
Charlottesville, virginia 22901
Atlachment I: Description of Reque~
A. Wal'Mart requests an extension of special use permit time frame for use of outside
storage/display area (gxeenhouse/nursery) from July :5 each year until September 15 each
year.
B. Wal'Mart requests permit for allowance of up to fifteen additional storage containers
to be used on a temporary basis during peak business period of Back to School/
Christmas. These additional containers will be located on the south side of the building
where the 30,000 additional space is located. These trailer will be blocked from 29 North
through the use of a 8 foo! high white fence.
C. Wal'Mart rexoaest permit for allowance of the use of the sidewalk area in front of the
store, and the use of the side of the building by the garden cente~ patio up to the garden
center loading area for the display of seasonal correct Wal'Mart merchandise.
Attachment 2: Justification
A. Request for extension of time flame only. Request to allow Wal'Mart to offer
customers a quality and diverse selection of live goods for Back to School decorating of
dormitories and apartments and for fall gardening/landscaping.
B. Request to allow Wal'Mart to be able to keep on hand enough stock to meet the
overwhelming demand during the Back to School and Christmas shopping seasons.
Storage containers to be used and kept on slte only as needed and should not be
necessary prior to luly 1 and no tat~r than January 15 of each year.
C. Request would allow Wal'Mart to display seasonal merchandise along the front and
side oftbe store. This merchandise would include but not be limited to bikes~ boals,
trampolines, swimming pools, tiding and push lawn mowers, swing sets, garden center
patio furniture, Little Tike toys and plants. This merchandise would be displayed in such
a manner as not to deter from the ascetic value of the Wal'Mart store front. Wal'Mart
would display larger merchandise(such as trampolines and swing sets) along the side of
the garden center patio and the smaller merchandise (such as bikes and lawn mowers)
along the front ofthe store.
WAL. MABT STORES, INC.
PROPERTY MANAGEMENT DEPT. ~ 701 SOUTH WALTON BLVD. ~ BEFZfONVILLE, AR 72716-9384 ~ 501-277-1619
June 12, 1996
Mr. Ron Lilley
Albemarle County
Department of Planning and Community Developmem
Charlottesville, Virginia 22902-4596
Re: Wal-Mart Store #1780 - Charlottesville, Virgtma
BPI File No. 2045-28
Dear Mr. Lilley:
The purpose of this letter is to respond to the inquires that have been made as a result of
Wal-Mart's request for a Special Use Permit. The Spec/al Use Permit request is to allow
the on-site use of permanent and temporary storage containers for the purpose of storing
seasonal goods and a time extension for the previously approved Garden Center outdoor
sales display area. It is my understanding that a question has been raised as to the
possibility of expanding the existing store to provide storage for the seasonal sales and
thereby avoid the need for a Special Use Permit. Although Wal-Mart is currently
expanding a number of existing stores, there are no plans to expand the Charlottesville,
Virginia store at this time.
The existing store was constructed in 1992 and included planning provisions for a possible
30,000 square foot expansion at some point in the future. This addition would provide for
expansion of both the retail sales and stock room areas An evaluation of each existing
store is undertaken prior to considering the store as a potential expansion project. This
evaluation process includes an analysis of the construction cost associated with the
expansion and the volume of existing annual sales, as well as the anticipated increase in
saleS after the expansion is completed. As of this date, the existing Charlottesville store
does not have a sufficient volume of sales to justify the undertaking of an expansion which
would only provide additional stock room area with no increase in sales floor area.
Storage containers are often necessary for the temporary storage during high volume
periods throughout the year. These high demand periods include Back-to School sales in
the fall and the holiday season, including storage for layaway items. The use of the
storage containers allows Wal-Mart to respond quickly to the demands of our customers,
citizens of Albermarle County and the surrounding communities, during periods of high
demand while minimizing the cost for additional storage areas. These cost savings are
passed on to our customers in the form of lower prices for retail goods.
I ATTACHMENT I
Mr. Ron L'flley
Wal-Mart Store #! 780
Charlottesville, Virginia
lune 12, 1996
Page Two
Also, with respect to the Garden Center, s'mce the sales from this fac'flity are only seasonal,
occurring m the beginning of spring to the end of summer, the jusfdication to expand a
facility, to allow for a larger Garden Center can not be met when the space would be
wasted over the wintertime. As a result of customer demand we are requesfmg a time
extension for the outdoor sales display area.
Again providing a store of sufficient size to only accommodate the peak seasonal demand
periods does not make good economic sense nor could Wal-Mart survive on that basis.
This is the reason why we are requesting your favorable consideration of our Special Use
Permit Application.
Please do not hesitate to comact me if you have any questions or need additional
information concerning this issue.
Sin e y y4
Proper~y Manager
Wal-Mart Stores, inc.
cc: Marcia Joseph - Albermarle County Zoning Department
Fred D. Ameen, Jr. P.E. - Bury + Pittman-VA., Inc
COUNTY OF ALBEMARLE
Department of Zoning, Room 223
40i McIntire Road
Charlo~esvill¢. V}rginia 22902-4596
(B04] 296-5875 FAX (804} 972-40,35
TDD (8041 972-4012
July 3. 1996
Fred D. Ameen. Jr. P.E.
Bury and Pit.tman - VA Inc.
4443 Brookfield Corporate Drive Suite 100
Chantilly, VA 22021
ReTM
Walmart Special Use Permit ARB-(PC)-96-09
Tax Map 45 Parcel 68D5 -Letter Modified July 11. 1996
Dear Mr. Ameen:
The Albemarle County Architectural Review Board reviewed the above noted imm ar ~ts meeting
oil Tuesday, July 2. 1996. The board voted unanimously (4:0) ro recommend tile following to the
Board of Supervisors
1)
To screen the trailer storage area_ create a brick wail extending from the south end of the
building approximately 9' to I0' in height with a wood gate measuring 24' in width
centering on tile travelway into the existing parking area. Extending from the gated area
to the south the 10' high brick wall should extend to the end of the parking area The
brick should match the brick on tile building
2~
Attached ro the most southern brick wail_ and perpendicular to the wall. a wood opaque
fence must be constructed the length of the parking area and connect to the existing
reraimng ~valt
3)
Trees should be planted on the east side of the brick screening wall and along the south
side of the wood opaque fence.
The ARB has no objection to extending the time allowed for outdoor storage from July 5
to September 15
5;
The AtLB can only support the extension of time allowed for outdoor storage if the
merchandise displayed outdoors are plants or planting type materials, all bagged
materials mulch, stone etc.will be screened fi'om view..
6~
Trees and shrubs should be placed on the outside of the green house fenced in area to
soften the visual effect of the fencing from Route 29N.
If you have any questions concerning any of the above, please call me.
Sincerely,
Design Planner
cc: Ron Lilley
Walmart Stores
I!
'/
.TI..IN-'i2-1~g6 ~:~ FROP BLIRV+P~TTbllqlx
Bury+Pittman
IAFAX
(8O4) 97 4035
TO
1~0497~40~5 P.O]
June 12, 1996
Mr. Ron Lilley
Albemarle County
Department of Planning and Community Development
401 McIntire Road
Charlottesville, Virginia 22902-4596
Wal-Mart Store #1780 - Charlottesville, Virginia
BPI File Bio. 2045-28
~Dear Mr. L'ffiey:
On behalf of Wal-Mart Stores, Inc. I am requesting that the heating bef0~ the Board of
Supervisors on the Special Use Permit Application by Wal-Mart Stores, Inc. originally schedUled
for August 14, 1996 be rescheduled for August 21, 1996. This request is necessary since I will
be representing Wal-Mart Stores, Inc. on this Application and will be out of town during the
week of August 14.
Please do not hesitate to contact me if you have any questions concerning tiffs above request.
Sincerely yours,
Fred D. Ameen, Ir. P.E.
Blanch Manager/Principal
Bury + Pittman-VA., Inc.
Mr. Sergio Cabrera - Regional Property Manager - Wal-Ivlaft~/I/i6.
Ms. Dana Green - Assistant Manager - Wal-Mart Store #1780 - Chartott~ville, Virginia
Mr. Guy Fogg - Assistant Manager - Wal-Mart Store #1780 - Charlottesville, Virginia
To: LNeher
Cc: AWelch
From: Charlotte Humphris
Subject: Fwd: Wal-Mart
Date: 8/22/96 Time: 15:39
Originated by: Charlotte Humphris @ acva on 8/22/96 15:33
Forwarded by: Ella Carey @ acva on 8/22/96 15:39 (UNCHANGED)
When you return from vacation (I hope it's been a good one) you will be hearing
about the BOS comments and decision on WaI-Mart's SP-96-24 at the 8/21/96
meeting. We hope you will review the minutes of that meeting when you get
caught up (no mmediate hurry) and have your staff keep a close eye on Wal-Mart
as per our comments. We want to know that they adhere to county regulations -
no more excuses. THANKS!
Charlotte Y. Humph~s
Forrest R. Marshall. Jr.
COUNTY OF ALBEMARLE
Of~ce of Board of Supervisors
401 Mclntire Road
Charlottesville. Virginia 22902-4596
'804) 296-5843 FAX (804) 296-5800
MEMORANDUM
Charles S. Martin
Walter F. Perkins
Sail[; H. Thomas
TO: Board of Supervisors
FROM: Ella W. Carey, Clerk, CM~~
DATE: August 16, 1996
SUBJECT: Reading List for August 21, 1996
February
1995 - pages 1 - 10 (~6) - Mr Martin
Pages 10 (~6) - 21 (#10a) - Mrs. Thomas
Pages 21 (~10a) end - Mr. Bowerman
/EWC
Printed on recycled paper
February 1. 1995 CRegular Day Meeting)
(Page 23)
the County uo give the Park Board Sl00,000 in S20.000 installments over a five
year period, which would not help with the expense of the pool. He added that
$200,000 i~ really needed, so the Park Board needs a grant of $100,000, and a
loan of $100,000 to be paid back over the next zen years. This will get the
$300,000 up front so that the pool can be built within the next several
months. In addition, the Park Board needs any technical help from the County
that it can get, particularly relating to contracting for the pool. The
County has the experience of working with contracts and awarding bids, etc.
It would be more of a partnership than for the Park Board to just start
getslng bids. He reiterated that the Park Board needs and wants $100,000 up
front and a $100,000 loan to be paid back over the next ten years.
Mrs. Humphris remarked that the Supervisors are back again to talking
about the precedent that this loan would set and the experience that this
Board has had such as the ~MCA loan which happened before she came on this
Board. The matter is still ongoing, but the County luckily escaped from that
situation. Mr. Perkins said there is no question that this will set a
precedent because other communities, such as Earlysville and Scottsville, are
interested in having a pool, too He thinks this situation will lay the
ground rules which would imply that if an organization has a certain amount of
moneyr then it can also expect a certain amount of money from the County.
Mr. Tucker r~marked that Mr. Perkins' comment explains the thoughts of
the staff on the issue. It would be easier to fund this request, if it could
be spread over a couple of years, with $50,000 being funded during the next
fiscal year and $100,000 being funded the following year. He understands that
the Park Board wants to move forward as quickly as possible, but the President
of the Park Board also said the project could possibly be postponed a year.
The staff's thinking was that the Park Board could obtain the $50,000 toward
the end of the next fiscal year, and the next $100,000 could be received
during the early part of 1996-97. This would provide the Park Board with 50
percent of its need. The Park Board already has $100,000, so its members
would still have to raise or get a loan for an additional $50,000 to bring the
amount of money to.the desired $300~000. He agreed that whatever is done with
this situation will set a precedent for the other areas which may request some
funding for pools or other~ facilities.
Mr. Bowerman asked if these facilities would be open to the public. The
key distinctio~-~s tha~ the poo~ or facility will beopen-to the pui~lic a~
that it would not~ be just for a specific community or neighborhood. Mr.
Tucker responded that ~it is his understanding the pool would be open to the
public.
Mr. Marshall reminded the other Board members that the County is in the
recreation business. Mr Bowerman said the County is in the capital recre-
ation business. The County tr~es to cover its mperating costs, but for years/
more money has been spent~6,~ ~~L~-~.~,
Mr. Tucker said Mr Perkins has pointed out that this is a better
approach, but there are a lot of different scenarios. This is the scenario
the s~aff proposed, but this issue can certainly be examined further. Mr.
~erkins remarked that the pro~ec~ can probably be pos=poned fo~ another year.
but the operating costs for the old pool are very expensive. Mr. Tucker said
he understands this is part of the reason the Park Board wants ~o move forward
with the pool project.
Mrs. Thomas asked if a poot will be installed at Highlands. Mr. Tucker
answered, "no." Mrs. Thomas noted that Highlands Ls the development which is
bringing the most growth into Crozet. She wondered if the Park Board has
approached the Highlands developer about the proposed pool. Mr. Perkins said
it is his understanding the Park Board members have talked to Hunter Craig,
the developer.
Mrs. thomas commented that the Crozet Citizens sometimes wane so remain
rural and not grow at all. but at other times they want zo say that they are
growing, and they need this type of urban amenity more than any other communi-
ty in the County. She suspects this particular community is growing, and this
would be e well used pool. She said good public relations on the developer's
part would be to play a ma3or role in the community pool.
Mr~ Perkins pointed out that the one difference between this location
and other places in the County, is there is already an existing pool
However the existing pool is showing its age, and £t needs to be replaced.
He understands that some of the Park Board members have inquired about a new
technology relating to a new ZYl~e of liner which can go in old pools. There
is the possibility that the old pool could be re3uvenated and rebuilt but
there have been no cost figures prepared. He is sure the Park Board members
will continue to look into this matter, and if there is significant savings,
they would certainly be willing to handle the pro3ect in this manner.
Mr. Marshall remarked that he will support this request in the same
light that he ~s supporting the Red Hill. Greet and Scottsville recreational
projects. Ihey represent recreation for all of the citizens in Albemarle
County. The people in Charlottesville can come to Scottsville and play on the
playground if they so desire, and they can go to Crozet and swim in that pool
Mrs. Humphris noted that she zs a swimmer and she thinks that pools
should be available to everybody. However her point is that if it is the
February 1, 1995 (Regular Day Meeting;
Page 29)
Agenda Item No. 10b. Work Session: CPA-94-04. Economic Developmen~
Policy.
Mr. Cilimberg said the Supervisors have received a great deal of
information regarding the developmenn cf the Economic Development Policy. The
Planning Commission members have puc a lot of hard work into this policy.
They deliberated on this matter during several meetings, and they have held a
public hearing. Last night the Commission finalized the and has made its
recommendation to this Board. The staff has provided to Board members the
total policy document including the analysis and findings. A lot of data was
considered regarding the contributing factors in the local and regional
economies at the beginning of the document, and an introduction section was
proyided, ~s well as a section on, goals, objectives and strategies. Last
night the Commissioners' focused on the section pertaining to qoals, objec-
Jives and strategies.
Mr. 2ilimberg chon distributed the goals, ob3ectives and strategies
information as recommended by the Commission. He noted, for the Board, the
more significant changes from last night's meeting. There were also some
changes in some of the wording of the objectives and strategies, and the
bigges5 additional discussion occurred regarding the strategies related to
recognizing the County's place in the regional economy. The Commission took a
couple of straw vcces last night, and one of these votes related to the
reference [o the regional economic development partnership. It was decided
that the Commissionwoutd not make a recommendation regarding this partner-
ship. The Commissioners are ncc saying they are for it or against ~t, but
they felt that the partnership is a bit beyond where they feel comfortable in
stating regional cooperation and recognition. One strategy was dropped under
Objective Five but the remainder of the changes were in some context the way
that the statements were presented in the original Supervisors' packets of
information, and substantively they did not change a great deal. At the end
of the meetin~ last night, Mr. DotSon, one of the Commissioners, asked that
Mr. Citimberg distribute to this Board a memorandum regarding how economic
development is currently undertaken in one particular planning district.
Reference was made to the Rappaharinock Area Development Commission in Frede-
ricksburg. He added that the memo is self-explanatory.
Mr. Cilimberg said this document begins with the analysis and findings
section. There are a couple of sources with which the staff is checking to
get some further information about thedata provided. He went on co say,
however, that the Commission members felt comfortable this was an appropriate
sec~lon. Eo lay out the facts.
. Mr. Martin commented that he has read most of the minutes he has been
'quite pleased with ~he amount of effort put in by Commission members on these
parsicular issues. He was pleased that they were willing to discuss and
maintain an open mind on issue~ which he thought would be sticking points.
They did a lot of compromising, and he thought they worked well together. He
does have some concerns about the document in front of this Board, but most of
the concerns were discussed by the Commission, andthere were compromises made
as a result of the discussions. He would leave the discussion open to other
Board members, because he is comfortable liv2ng with the problems that he has
with the document simply because he realizes that these problems were a result
of compromises that were made. ~e thinks this is good in a sense that
everyone was able to move forward with these compromises.
Mrs. Thomas stated that s~e thinks this has been an amazing consensus
building process. She has beenJto several meetings, including the one held
last night, and she has even no~iced a~change in the tone of voice that is no~
always present at such meetingsJ She .hinks no ~ne could have predicted that
this would have happened, since this group has such strong opinions and basis
of knowledge, which was brought
which still says something, and
reached on something which does
has developed an analysis of the
2ounty should take. and she proc
they managed without an economic
is in place. The staff should
following what was being said.
with the background information
economy the Couz~ty has. She re,
represenn Albemarle County on tf
been delighted in the regional a
is really m regional Issue. The
etc.. but people travel over the
This is a region and it is recc
previously that has ever been ir
cant step that has been taken,
very responsibly.
Mr Bowerman remarked that
to this process. A compromise was reached
she noted that a compromise can always be
not say anything. She thinks the Commission
County's econ~m~ ~nd the direction that the
icted that County officials will wonder how
component to the Comprehensive Plan, o~ce in
ec its share of credit, too, for simply
~here was a great deal of work also involved
and she chinks the staff shows what a strong
&lled that in 197~ she was appointed ~o
e Planning District Commission, and she has
pproach that the Commission has taken no what
County cannot be regional in nerms of taxes,
COunty borders for their 3cbs and purchases.
~nized in this document more than anything
the Comprehensive Plan. This is a signifi-
nd she thinks the Commissioners have taken it
another way no characterize the sl~uanlon is
~o say that the seven people agrDed on this document rather than comlng up
wl~n a compromise. Mr. Margin said the Commlss%oners compromised in order ~o
agree and he does not necessarily think that this was bad.
Mrs. Humphris called attention~ to Mr. citimberg's memo co the Planning
Commission dated January 30, and[she noted that one of the Commissioners
suggested ~dding a new strategy ~umber 12 about recognizing that water
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mclntire Road
Charlottesville, Virginia 22902-4596
{8041 296-5843 FAX ~804 296-5800 -
August 27, 1996
Charles S Martin
Walter F. Perkin-~
Sail!; H Thomas
Ms. Nancy K. O'Brlen, Executive Director
Thomas Jefferson Planning District Commission
P. O. Box 1505
Charlottesville, VA 22902
Dear Ms. O'Brien:
At the Board's meeting last week, it was mentioned that the
report of the Solid Waste Task Force had been distributed to the
Board members, along with a request that there be a joint meeting
scheduled with Charlottesville City Council, the Rivanna Solid
Waste Authority, the Albemarle Board of County Supervisors, and
the Task Force. It was the consensus of Board members that a
work session be scheduled first with all parties as soon as
practicable. After that session, the group would set the matter
for public hearing at an agreeable time and place.
This letter is to request that your office schedule this
meeting with all parties. The Board members are not available on
the second or third Wednesday nights of each month, but are
agreeable to a late afternoon meeting should that be necessary.
The members of the Albemarle County Planning Commission have
expressed an interest in attending these meetings. They are not
available on Tuesday nights. If I can help with this process,
please call me at 296-5843.
Yours truly,
W. Carey, CMT,
Clerk
EWC:len
cc: Robert W. Tucker, Jr.
Printed on recycled paper