HomeMy WebLinkAbout1996-05-08F I N A L
7:00 P.M.
MAY 8, 1996
ROOM 241, COUNTy OFFICE BUILDINg
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14.
Call to Order.
Pledge of Allegiance.
Moment of Silence.
Other Matters not Listed on the Agenda from the PUBLIC.
Consent Agenda (on next sheet).
ZMA-95-21. Cathcert Properties & Denico Development. Public Hearing on
a request to rezone approx 11.6 ac from R-1 =o PD-SC located on E
sd of Avon St opposite entranc~ to Mill Creek North & Mill Creek
Drive. Site is recommended for High Density Residential (10.01-34
du/ac) in Neighborhood 4 in the Comprehensive Plan. TM91,P2.
Scottsville Dist.
Z~-95-23. Berkmar Land Trust and First Interstate Charlottesville,
Ltd. Ptro Public Hearing on a request to rezone approx 3.6 ac
from R-6 to C-1. Located on W sd of inters of Berkmar Dr &
Woodbrook Dr. This site recommended for High Density Residential
(10.01-34 du/ac) in Neighborhood i by the Comprehensive Plan.
TM45,Ps108,91(part)~93A1. Rio Dist.
ZMA-95-25. Gilray, L.LC. Public Hearing on a request to rezone approx
2.2 ac from R-6 to C-1 located on W sd of inters of Berkmar Dr &
Woodbrook Dr. Site recommended for High Density Residential
(10.01-34 du/ac) in Neighborhood 1. TM45,P109C. Rio Dist.
SP-96-08. Dr. Charles N. Wood, Jr. Public Hearing on a reques~ to
establish veterinary office a hospital for small animals in
existing bldg at Airport Plaza. Proper=y at NW corner of Rt 29N &
Airport Rd (Rt 649). TM32,P38. Rivanna Dist. (This property is
zoned C-1 and is designated for Regional Service use in the
Community of Hollymead.)
8P-96=13. Robert Aron. Public Hearing on a request to enlarge existing
dam and & pond located within 100 yr flood plain. Property is
Kinloch Farm located on W sd of Rt 231 about 1/2 mi N of Cismont.
TM65,P7. Rivanna Dist. (This property is zoned RA and is not
located in a designated growth area.)
ZMA-96-07. Berkmar Drive Extended Properties. Public Hearing on a
resolution of intent adopted by the Board of Supervisors to rezone
properties adjacen= co Berkmar Dr ~o HC. This rezoning will allow
Berkmar Dr to divide the zoning, with commercial zoning on E sd &
residential zoning on W sd of Ber~unar Dr. These properties
comprise approx 2.8 acs located on E sd of Berkmar Dr between
Woodbrook Dr & Hilton Heights Rd. TM45,P68 (part) zoned R-15,
P68C(part) zoned R-15, P68Cl(part) zoned R-6, Pll2B[part) zoned
R-6 & P109E[part) zoned R-6. These strips were created when the
right-of-way for Berkmar Dr was taken. This site is recommended
for Regional Service in Neighborhood 1 by the Comprehensive Plan.
Rio Dist.
Approval of Minutes: November 3, 1993; March 22, 1995 and April 9, 1996.
Other Matters not Listed on the Agenda from the BOARD.
Adjourn.
CONS ~N~ AGENDA
FORA PPHOV~J.~:
5.1 Resolution to accept Berkmar Drive into the State Secondary System of
Highways.
FOR INFORMATION:
5.2
Copy of Planning Commission minutes for April 2, 1996, and April 23,
1996.
5.3
Notice from the State Corporation Commission dated April 12, 1996, that
United Telephone-Southeast, Inc. has applied for a certificate of public
convenience and necessity to provide interexchange telecommunications
services and no have its rates determined competitively.
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mclnfire Road
Charlottesville, Virginia 22902-4596
1804~ 296-5845 FAX (804~ 296-fi800
MEMORANDUM
Charles S. Martih
Walter F. Perkins
Sal]y H. Thomas
TO:
FROM:
DATE=
SUBJECT:
Robert W. Tucker, Jr., County Executive
V. Wayne Cilimberg, D~rector of Planning and
Community Development
Ella W. Carey, CMC, Clerk~~-~
May 9, 1996
Board Actions of May 8, 1996
At the Board of Supervisors' meeting held on May 8, 1996, the following
aculons were taken:
Agenda Item No. 1 Call to Order. Meeting was called to order au 7:00
p.m., b~ the Chairman, Mrs. Humphris.
Agenda Item NO. 4 Other Matters Not Listed on the Agenda from the
PUBLIC. There were none.
Agenda Item No. 5.1. Resolution to accepu Berkmar Drive into the State
Secondary Sysuem of Highways. ADOPTED the attached resolution Original
forwarded to Engineering.
Agenda Item No. 6 ZMA-95-21. Cathcart Properties & Denico Develop-
menu. Public Hearing on a req~/est to rezone approx 11.6 ac from R-1 to PD-SC
located on E sd of Avon St opposite enurance uo Mill Creek North & Mill Creek
Drive. Site is recommended for High Density Residential (10.01-34 du/ac) in
Neighborhood 4 in the Comprehensive Plan. TM91,P2. Scottsville Dist.
APPROVED ZMA-95-2! subjecu uo the following proffers:
PROFFER FORM:
Date:
May 7, 1996
ZMA ~95-21
Tax MaD Parcel(s) ~91-2
11.6 Acres uo be rezoned from
R-1 ko PD-SC
Pursuant uo Section 33.3 of the Albemarle County Zoning Ordinance, the
owner, or its duly authorized agenu hereb~ voluntarily proffers the conditions
listed below which shall be applied uo t~e property, if rezoned These
conditions are proffered as a pare of the requested rezoning and it is agreed
PHnted oN recycled paper
Memo To: Robert W. Tucker, Jr.
V. Wayne Cilimberg
Date: May 9, 1996
Page 2
that: (1) the rezoning iteelf gives rise to the need for the conditions; and
(2) such conditions have a reasonable relation to the rezoning requested.
The following uses shall be prohibited:
22,2.1.a.3
22.2ol.a.7
22.2.1.b.9
22.2.1.b.22
24.2.1.2
24.2.1.4
24.2.1.9
24.2.1.20
24.2.1.21
24.2.1.22
24.2.1.23
24.2.1.24
24.2.1.25
24.2.1.32
24.2.1.34
Department Store
Furniture & home appliances (sales & service)
Indoor theaters
Automobile, truck repair shop excluding body shop
Automobile, truck repair shop
Building materials sales
Factory outlet sales-clothing & fabric
Hotels, motels & inns
Light warehousing
Machinery & equipment sales, service & rental
Mobile home & trailer sales & service
Modular building sites
Motor vehicle sales, service & rental
Sale of major recreational equipment & vehicles
Wholesale distribution
2. Development of the property shall be in accordance with the plan
titled "Avon Street Retail Development" initialed WDF, dated 3/27/96.
Hillcrest Land Trust
Charles W. Hurt (Siqned)
Signatures of Ail Owners
Charles W. Hurt (Printed)
Printed Names of Ail Owners
5/7/96
Date
Shirley L. Fisher, (Signed) Shirley L. Fisher (Printed) 5/7/96
Trustee
Agenda Item No. 7. ZMA-95-23. Berkmar Land Trust and First Interstate
Charlottesville, Ltd. Ptr. Public Hearing on a request to rezone approx 3.6
ac from R-6 to C-1. Located on W sd of inters of Berkmar Dr & woodbrook Dr.
This site recommended for High Density Residential (10.01-34 du/ac) in Neigh-
borhood 1 by the Comprehensive Plan. TM45,PS108,91(part)&93A1. Rio Dist.
APPROVED ZMA-95-23 subject to the following proffers:
PROFFER FOP~M:
Date:
5-8~96
ZMA #95-23
Tax MaD Parcel(s) ~45-108, 93A1, 91(part)
3.7 Acres to be rezoned from R-6 to C-1
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the
owl/er, 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.
Permitted uses of the property, and/or uses authorized by special use
permit, shall include only those uses allowed in Section 22 of the Albemarle
County Zoning Ordinance in effect on May 8, 1996, a copy of the sections being
attached hereto~ except the following:
Section 22.2.1 Item % 3: Department Stores
Section 22.2.1 Item #10: Newsstands, magazines, pipe and tobacco shops
Memo To:
Date:
Page 3
Robert W. Tucker, Jr.
V. Wayne Cilimberg
May 9, 1996
Section 22.2.1 Item ~16:
Section 22.2.1 Item #22:
Berkmar Land Trust
Charles W. Hurt (Siqned)
Signatures of Ail Owners
Charles W. Hurt (Si~ned)
First Interstate Ch'ville
Ltd Partnership
Stephen M. Melton (Siqned)
Agent, William W. Stevenson
Automobile service stations
Automobile, truck repair shop including body
shop
Charles W. Hurt (Printed)
Printed Names of All Owners
Charles W. Hurt (Printed)
Contract Purchaser
4/17/96
Date
4/17/96
Stephen M. Melton (Printed)
4/17/96
Agenda Item No. 8. ZMA-95-25. Gilray, L.LC. public Hearing on a
request to rezone approx 2.2 ac from R-6 to C-1 located on W sd of inters of
Eerkmar Dr & Woodbrook Dr. Site recommended for High Density Residential
(10.01-34 du/ac) in Heigb_borhood 1. TM45,P109C. Rio Dist.
APPROVED ZMA-95-25 subject to the following proffers:
PROFFER FORM:
Date:
12-22-95
Z~L~ #95-25
Tax MaD Parcel(s)#: TM45, Parcel 109C
2.28± Acres to be rezoned from R-6 to --
C-1
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the
owneri 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.
Permitted uses of the property, and/or uses authorized by special use permit,
shall include those uses allowed in Section 22.2.1 of the Albemarle County
Zoning Ordinance in effect on December 22, 1995, a copy of that section being
attached hereto, except the following:
Section 22.2.1(a) (3)
Section 22.2.1(a) (4)
Section 22.2.1(a) (15)
Seotion 22.2.1(h) (3}
Section 22.2.1(b) (4)
Section 22.2.1(b) (7)
Section 22.2.1(b) (9)
Section 22.2.1(b) (11)
Seotion 22.2.1(b) (13)
Section 22.2.1(b) (16)
Section 22.2.1(b) (20)
Section 22.2.1(b) (22)
Section 22.2.1(b) (23)
(department store)
(drug store, pharmacy)
(retail nurseries and green houses)
(churches, cemeteries)
(clubs, lodges, civic fraternal patriotic)
(funeral homes)
(indoor theaters)
(laundry mats)
(nurseries, day care centers)
(automobile service stations)
(dwellings)
(automobile, truck repair shops)
(temporary non-residential mobile homes)
RIO ASSOCIATED LIMITED PARTNERSHIP
BY: Eharles W. Hurt {Sic[ned)
General Partner
Signatures of All Owners
Charles W. Hurt (Printed)
Printed Hames of All Owners
s/1/~
Date
Date:
Page 4
Robert W. Tucker, Jr.
V. Wayne Cilimberg
May 9, 1996
Agenda Item No. 9. SP-96-08. Dr. Charles H. Wood, Jr. Public Hearing
on a request to establish veterinary office & hospital for small animals in
existing bldg at Airport Plaza. Property at NW corner of Rt 29N & Airport Rd
(Rt 649). TM32,P38. Rivanna Dist. (This property is zoned C-1 and is
desi~ated for Regional Service use in the Community of Hollymead.)
APPROVED SP-96-08 subject to the following conditions:
The building plans for renovations shall provide for sound attenu-
ation to the adjoining space such that sound levels from this use
will not exceed 40 decibels;
This use shall have no outdoor runs or pens;
Fencing shall be maintained adjacent to the agricultural/residen-
tial property to the rear of this property (Parcel 39).
Agenda Item No. 10. SP-96-13. Robert Aron. Public Hearing on a
request to enlarge existing dam and & pond located within 100 yr flood plain.
Property is Kinloch Farm located on W sd of Rt 231 about 1/2 mi N of Cismont.
TM65,P7. Rivanna Dist. (This property is zoned RA and is not located in a
designated growth area.)
APPROVED SP-96-13 subject to the following conditions:
Albemarle County Engineering approval of hydrologic and hydraulic
computations;
Albemarle County Engineering approval of plans for the dam showing
all grading activities and the existing and revised flood plain;
Albemarle County Engineering approval of an erosion control plan;
Albemarle County Engineering receipt of proof of compliance with
dam safety regulations through the Virginia Department of Conser-
vation and Recreation.
Agenda Item No. 11. ZMA-96-07. Berkmar Drive Extended Properties.
Public Hearing on a resolution of intent adopted by the Board of Supervisors
to rezone properties adjacent to Berkmar Dr to HC. This rezoning will allow
Berkmar Dr to divide the zoning, with commercial zoning on E sd & residential
zoning on W sd of Berkmar Dr. These properties comprise approx 2.8 acs
located on E sd of Berkmar Dr between Woodbrook Dr & Hilton Heights Rd.
TM45,P68 (part) zoned R-15, P68C(part) zoned R-15, P68Cl(part) zoned R-6,
Pll2B(part) zoned R-6 & P109E(part) zoned R-6. These strips were created when
the right-of-way for Berkmar Dr was taken. This site is recommended for
Regional Service in Neighborhood 1 by the Comprehensive Plan. Rio Dist.
APPROVED ZMA-96-07 to rezone the following strips of residential zoning
(approximately 2.8 acres) that are located on the eastern side of Berkmar
Drive between Woodbrook Drive and Hilton Heights Road to HC, identified as
follows:
1. TMP45-68:
Parcel A of 7,453.87 sq. ft. (shown on a Wiley and Wilson
plat recorded in Deed Book 1446, page 129) zoned R15 which
was added to Parcel 68 on 12/16/94. (TMP45-68E to 68)
TMP45-68C:
An unidentified strip of R15 zoning (estimated to be 9400
sq. ft.) is part of what is identified as Residue A (shown
on a Wiley and Wilson plat recorded in Deed Book 1439, page
196). [TMP45-68C (divided into 68C and C2)]
Memo TO:
Date:
Page 5
3.
Robert W. Tucker, Jr.
V. Wayne Cilimberg
May 9, 1996
TMP45-68Cl:
4. TMP45-112B:
5. TMP45-109E:
Parcel A of 1636.34 sq. ft. (shown on a Wiley and Wilson
plat recorded in Deed Book 1447, page 668) zoned R6 was
added to Parcel 68C1 on 12/27/94. (TMP45-80 to 68C1)
A strip of R6 zoning was split into 3 pieces. Two of these
were added to parcels which are zoned HC while the third
piece was added to a parcel also zoned R6. Parcel Z of
2637.44 sq. ft. was added to Parcel 68C1 and Parcel Y of
4691.21 sq. ft. was added to Parcel l12B (both shown on a
plat by Thomas B. Lincoln recorded in Deed Book 1380, page
493). (TMP45-81 to 68C1 and l12B)
A strip of approximately one acre of R6 zoning currently
identified as parcel 10gE. (The right-of-way was shown on a
Wiley and Wilson plat recorded in Deed Book 1428, page 546
and was taken from what was then Parcel 109.) The other
3.18 acres of 10gE is zoned HC. (TMP45-109 to 109E)
Agenda Item No. 13. Other Matters not Listed on the Agenda from the
BOARD.
It was the consensus of the Board to put Mr. Richard Allen's Home
Occupation Class B permit request on the agenda as soon as possible.
It was the consensus of the Board that staff includes, in its next
review of the CIP, some sort of pedestrian pathway to the new shopping center
at the Avon Street/Southern Parkway connector road. This pathway should be
similar to what was on Georgetown Road.
Consensus of the Board that when and if a traffic light is installed at
the intersection of the Southern Parkway and Avon Street, that pedestrian
phasing be included in the signal light.
Agenda Item No. 14.
Attachment (1)
cc:
Richard E. Huff, II
Roxanne White
Amelia McCulley
Jo Higgins
Bruce Woodzell
Larry W. Davis
Kevin C. Castner
Richard Wood
Jan Sprinkle
File
Adjourn.
The meeting was adjourned at 9:37 p.m.
COPY
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mclntire Road
Charlottesville, Virginia 22902-4596
~804) 296-5843 FAX (804) 296-$800
MEMORANDUM
Charles S, Martin
Walter F. Perkins
Sall~ H. Thomas
TO:
FROM:
DATE:
SUBJECT:
Mark B. Henry, Civil Engineer II
Engineering Department
Ella W. Carey, CMC, Clerk ~
May 9, 1996
Road Resolution
At its meeting on May 8, 1996, the Board of Supervisors adopted 'the following
resolution:
(1)
Resolution to accept Berkmar Drive into the State Secondary System of
Highways.
Attached are the original and four copies of the adopted resolution.
/EWC
Attachments (5)
Printed on rec_ucled paper
The Board of County Supervisors of Albemarle County,
regular meeting on the 8th day of May, 1996, adopted the
resolution:
RESOLUTION
Virginia, in
following
WHEREAS, Berkmar Drive Extended (RIP-S8-003) described on the
attached Additions Form SR-5(A) dated May 8, 1996 fully incorporated
herein by reference, are shown on plats recorded in the Clerk's Office
of the Circuit Court of Albemarle County, Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department of
Transportation has advised the Board that the streets meet the re-
quirements established by the Subdivision Street Requirements of the
Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of
County Supervisors requests the Virginia Department of Transportation
to add Berkmar Drive Exten4ed (RIP-88-005) as described on the at-
tached Additions Form SR-5(A) dated May 8, 1996 to the secondary
system of state highways, pursuant to Sec. 33.1-229, Code of Virginia,
and the Department's Subdivision Street Requirements; and
BE IT FURTHER RESOLVED, that the Board guarantees a clear and
unrestricted right-of-way, as described, and any necessary easements
for cuts, fills and drainage as described on the recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution be
forwarded to the Resident Engineer for the Virginia Department of
Transportation o
Recorded vote:
Moved by: Mr. Bowerman.
Seconded by: Mrs. Thomas.
Yeas: Mr° Perkins, Mrs. Thomas, Mro Bowerman, Mrs. Humphris,
Mr. Marshall and Mr. Martin.
Nays: None.
A copy Teste:
Ella W. Carey, Cle~, CMC
COUNTY OF ALBEMARLE
MEMORANDUM
TO:
FROM:
DATE:
RE:
Ella Carey, Clerk, Board of Supervisors
.I
Mark B. Henry, Civil Engineer I1~
F'
April 30, 1996
Berkmar Drive (R/P-88-O03)
The Virginia Department of Transportation has determined that a deed book reference
was excluded from the resolution adopted on March 2, 1994. At the next opportunity, I
request the Board of Supervisors to adopt a new resolution on the corrected VDOT SR-
5(A) form. After the resolution has been adopted, p/ease date and sign. the SR-5(A)
and provide me with the original and four copies.
Thanks for your assistance. P/ease contact me if you have any questions.
MBH/ctj
Attachment
The Board of County Supervisors of Albemarle County, Virginia, in
regular meeting on the 8th day of May, 1996, adopted the following
resolution:
RESOLUTION
WHEREAS, Berkmar Drive Extended (RIP-88-003) described on the
attached Additions Form SR-5(A) dated May 8, 1996 fully incorporated
herein by reference, are shown on plats recorded in the Clerk's Office
of the Circuit Court of Albemarle County, Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department of
Transportation has advised\the Board that the streets meet the re-
quirements established by the Subdivision Street Requirements of the
Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of
County Supervisors requests the Virginia Department of Transportation
to add Berkmar Drive Extended (RIP-88-003) as described on the at-
tached Additions Form SR-5(A) dated May 8, 1996 to the secondary
system of state highways, pursuant to Sec. 33.1-229, Code of Virginia,
and the Department's Subdivision Street Requirements; and
BE IT FURTHER RESOLVED, that the Board guarantees a clear and
unrestricted right-of-way, as described, and any necessary easements
for cuts, fills and drainage as described on the recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution be
forwarded to the Resident Engineer for the Virginia Department of
Transportation.
Recorded vote:
Moved by:
Seconded by:
Yeas:
Nays:
A Copy Teste:
Ella W. Carey, Clerk, CMC
The road described on Additions Form SR-5(A) is.
Berkmar Drive, from Station 78+41, right edge of pavement of Rio
Road (State Route 610), 973 lineal feet, to Station 88+14, end of
previous dedication of Berkmar Drive as recorded by plat dated
March 1, 1993, in Deed Book 1295, pages 107-140 in the office of
the Clerk of the Circuit Court of Albemarle County, with a right-
of-way width of 60 feet.
Additional sight, drainage easement, and right-of-way plats
recorded in: Deed book 1298, pages 450-458; deed book 1392,
paqes 76-83 and pages 91-98; deed book 1330, pages 501-504; deed
book 1384, pages 18-21; and deed book 985, pages 698-704.
Amended from the original resolution adopted March 2, 1994.
DOCUMENT CONTROL
COMMONV,'~ALTH OF VIKGIN-~
STATE C0RPOP. A~ION COMIVIIS-~ION
~-PRIL 12 ~
U~ITED TELEPHONE-SOUTHEAST, lqqC.
For a certificate of public
convenience and necessity to
provide interexohange
teleco~unlcations sea-vices
and to have its rates determined
competitively
1996
CASE NO.
ORDER PRESCRIBING ~OT!£E
On March 22, 1996, United Telephone-Southeast, Inc.
("United" or "Applicant") filed its application with the State
Corporation Co~mission ("Commission") for a certificate of public
convenience and necessity To provide interexchange
tele~o~unications service to the public throughout the
co~onwealth. United currently provides' local exchange telephone
service in various locations throughout southwest Virginia.
NOW, upon consideration ofT_he application, the Commission
is of the opinion that United's mpplication should be docketed~
public notice of the application should be given, and, if
substantive objections are received,
the application should be scheduled.
IT IS ORDERED THAT:
a public hearing to consider
Accordingly,
(1) This case is docketed and assigned Case No- PUC96001g.
(2) On or before Hay 6, 1996, Applicant shall give notice
of it~ application to the public by publishing, as display
advertising, not classified, in newspapers having general
circulation throughout the Co~onwealth the following notice:
NOTICE TO THE PUBLIC OF AN ~_PPLI~ATTON BY
UNITED TELEPHONE-SOUTHEAST, /_NC.
FOR A ~TIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY TO PRO,rIDE LONG-DISTANCE
TELECOM~tUNICATIONE SERVICE WITHIN VIRGINIA
AND TO HAVE ITS RATEs DETERMINED
COMPETITIVELY - CASE NO. PUC9600~6
O~ March 22, 1996, United Telephone-
Southeast, Inc. ("United" or "Applicant")
filed its application with the State
Corporation Commission' ("commission") for a
certificate of public convenience and
necessity to provide interexchange
telecommunications service to the public
.tb_roughoutthe Commonwealth. United
currently provides local exchange telephone
service in various locations throughout
southwest Virginia.
The Commission will schedule a public
hearing on United's application if
substantive objections are lodged against the
application; otherMise, the Commission may
grant the requested certificate and authority
for competitive rates without conducting a
hearing.
copies of the application are available
for public inspection in the co~ission's
Docuanent Control Center located on the first
floor of the Tyler Building, 1300 East Main
Street, Richmond, Virginia 23219, between the
hours of 8:15 a.m. and 5:00 p-m., or can be
ordered from United's attorney, James B_
Wright, United Telephone-Southeast, Inc.,
14111 capital Boulevard, Wake Forest, North
Carolina 27587.
Any person wishing to lodge an objection
to United's application should submit an
original and fifteen (15) copies of the
objection, in writing, ~o William J. Bridge,
Clerk of the State Corporation Commission,
c/o Document Control Center, P.O. Box 2118,
Richmond, Virginia 2321B~ on or before
May 30~ 1996, and should refer to Case No.
PUC960Dt6. Written objections must state
with specificity why a hearing is necessary.
UNITED TELEPHONE-SOUTHEAST, INC.
(3) On or before April 30, 199~, Applicant shall give
notice of its application to each local exchange talephene
company eperating in Virginia and each interexchange carrier
certificated in virginia by personal deliveI-y or by first-class
mail, postage prepaid, to the customary place of business or
residence ef the person served.
(4) On er before April 30, 1996, Applicant shall furnish a
copy of this Order to the chairman of the board of supervisors of
each ceun~y and the mayer or city manager of each c~ty or town
~iT_hin the service territory sought (or to equivalent officials
in counties, cities, and tewns having alternate for~s of
government) by personal delivery, or first-class mail, postage
prepaid, to the customary place of business or residence of the
person sel-ved.
- (5) On er before May 30, 1996, any person wishing to lodge
an objection to United's application shall file an eriginal and
fifteen [15) copies of its ebjection, in writing, with William J.
Bridge, Clerk ef the State Corporation Commission c/o Document
Control Center, P.O. Box 21!S, Rich~en~, Virginia 1321B. Written
objectiens shall refer to Case No. PUC96DD16 and shall state with
specificity why a hearing en United's application is necessary.
(6) If substantive objections to United's application are
received on or befere May 30, !996, the Ce~ission shall schedule
a public hearing on this application; ether~ise, t_he Co~ission
may grant the requested certificate and autherity for competitive
rates without cenducting a hearing.
(7) On or before May 30, 1996, Applicant shall file with
the Clerk of t~he.Commission proof of publication of the notice
prescribed herein.
AN ATTESTED COPY hereof shall be sent by the Clerk of the
Commission to: James B. Wright, ESq,/ire, United Telephone-
Southeast, Inc., 14111 Capital Boulevard, Wake Forest, NorTh
Carolina 27587; the Division of Cens~er CoUnsel, Office of the
Attorney General, 900 East Main Street, Second Fleer, Rich~ond~
Virginia 23219; the Co~ission's Office of General Counsel, and
the Commission's Divisions of Communications, Public Utility
Accounting, Economics and Finance an~ Public Service Taxation.
STATE AND LOCAL GOVERNMENT CONFLICT OF INTEREST ACT
TRANSACTIONAL DISCLOSURE STATEMENT
for Officers and Employees of Local Government
[Section 2.1-639.14(E)]
2.
3.
4.
Sallie:
Title:
Agency:
Transaction:
David P. Bowerman
Rio District Supervisor
Albemarle County Board of Supervisors
ZMA 95-21 Cathcart Properties and Denico Development -- Rezoning of
approximately 11.6 acres from R-1 to PD-SC.
o
Nature of Personal Interest Affected by Transaction:
Financial interest m a~contract with applicants.
I declare that:
I am disqualifying myself from participating in this transaction and request that this fact
be recorded in the appropriate public records for a period of five years.
Dated: May 8, 1996
DPB5896.02
COUNTY OF ALBEMARLE
Dept. of Plannin§ & Comraunity Development
40] McMtire Road
Charlottesville, Virginia 22902-4596
(804} 296-5823
May 16, 1996
Cathcart Properties & Denico Development Co
ATTN: Rip Cathcart
1244 Swan Lake Drive, Suite 303
Charlottesville, VA 22902
RE: ZMA-95-21 Cathcart Properties & Denico Development Co
Tax Map 91, Parcel 2
Dear Mr. Cathcart:
The Albemarle County Board of Supervisors, at its meeting on May 8, 1996, approved the
above-noted request to rezone approximately 11.6 acres l~om R-1 to PD-SC, Please note that
this approval is subject to the following proffers:
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 propen'y, if rezoned. These conditions are proffere.d as a part of the requested rezuning 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.
1. The following uses shall be prohibited:
22.2.1. a.3
22.2.1. a.7
22.2.1.b.9
22.2.~. b.22
24.2.1.2
24.2.1.4
24.2.1.9
24.2.1.20
Department store.
Furniture and home appliances (sales and service).
Indoor theaters.
Automobile, truck repair shop excluding body shop.
Automobile, truck repair shop.
Building materials sales.
Factory outlet sales - clothing and fabric.
Hotels, motels and inns.
Page 2
May 16, 1996
24.2.~.24
24.2.1.25
24.2.1.32
24.2.1.34
Modular building sales.
Motor vehicle sales, service and rental.
Sale of major recreational equipment and vehicles.
Wholesale distribution.
Development of the property shall be in accordance with the plan titled "Avon Street
Retail Development" initialed WDF, 3/27/96.
If you should have any questions or comments regarding the above-noted action, please do not
hesitate to contact me.
Sincerely,
v. Wayn C mherg /
Director of 151anning & Co~_~velopment
YWC/jcf
cc: ~la Carey
Amelia McCulley
Jo Higgins
Hill Crest Land Trust & Hurt Investment Co
Original Proffer
Date: ?y7,_ 199_6_ _
PROFF_ER FORM
ZMA # 95-21_ _ . Tax Map Parcel(s)
zz.6 Acres to be rezoned from . R-z to p~sc J
Pursuant to Section 33,3 of the Albemarle Ceunty Zoning Ordinance, the owner, or
its duly auf. horized agent, hereby voluntarily proffers the conditions listed bel{3w which shall
be applied to the property, if rezened. These conditions are proffered as a part of the
requemed rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for
the conditions; and (2) sucrt conditions have a reasonable relation to the rezoning
requested,
(1) See Attached Sheet
F ECE ¥'ED
0 7 1996
P! nmn Deist
~t~lature of Attorney-in. Fact ' ' '
(Attach Preper Power of Attorney)
OR
Prated l~ame~ efAIl Owners
~=dnted Name or'Attorney-in-Fact
1, Thc tbllowing uses ,~hall bt prohibited:
22.2.1 ,a.3
22.2.1,a.7
22.2.1.b.9
22.2.1 .b.22
24.2.1.2
24.2.1.4
24.2.1.9
24.2.1.20
24.2.1.2 t
242.1.22
24.2,1.23
24.2,1.24
24.2.1.25
24.2. 1.32
24,2.1.34
Department Store lJ~Y 1 6 |9~6
Furniture & home appliances (sales & s~rvic¢~
Indoor theaters P]a~fqip,9 D8
Automobile, truck repair shop excluding boay shop
Automobile, truck repair shop ~
Building matexials sales
Factory outle~ sales-clothing & fabric
Hotels, motels, & inns
Light warehousing
MaChinery & equipment sales, service & rental
Mobile home & trailer sales & service
Modular building sites
Motor vehicle sales, service & rental
Sale of major recreational eqmpment & vehictes
Wholesale distribution
2. Development of the
Retail Dev¢lopn
Sign~ures of:M10wne
~roperty shall be in aCcordance with the plan titled 'Avon Street
ant" initialed WDF, dated 3/27/96.
Printed Names of Alt Owners Date
Signature of Attomey-I~Faet
(Attach Proper Power of Attorney)
Printed Name of Attorney-In-Fact Date
1. The following uses shall be prohibited:
22.2.1.a.3
22.2.1.a.7
XN~22.2.1.b.9
2.2.1 .b.22
2~2.1.2
24.2.~
24.2 A .9~
24.2A.20-x
24.2.1.21
24.2.1.22
24.2.1.23
24.2.1.24
24.2.1.25
24.2.1.32
24.2.1.34
Department Store
Furniture & home appliances (sales & service)
Indoor theaters
Automobile, truck repair shop excluding body shop
Automobile, track repair shop
Building materials sales /
/
Factory outlet sales-clothing & fabric
/
Hotels, motels, & inns /
Light warehousing
Machinery & equipment sales, se~ice & rental
& trailer sales 8;~ervice
sites
sales rental
2. Acceptance of the
3/27/96 as the
Printed Names of All Ow~rs
OR
WDF,
Da~e~
Signature of Attorney-In-Fact
(Attach Proper Power of Attorney)
Printed Name of Attomey-In-Fact
Date
April 5, 1996
COUNTY OF ALBEMARLE
Dept. of Dlanning & Coramunity Deuelopment
401 Mclntire Road
Charlottesville: Virginia 22902-4596
(804) 296-5823
BOARD OF S~JPEaV~S~
Cathcart Properties & Denico Development Co
ATTN: Rip Cathcart
1244 Swan Lake Drive, Suite 303
Charlottesville, VA 22902
RE: ZMA-95-21 Cathcart Properties & Denico Development Co
Dear Mr. Cathcart:
The Albemarle County Planning Commission, at its meeting on April 2, 1996, unanimously
recommended approval of the above-noted petition to the Board of Supervisors. Please note that
this approval is subject to the following agreements:
Staff recommends approval of this request with the following agreements:
1. The following uses shall be prohibited:
22.2.1. a.3
22.2.1. a.7
22.2.1.b.9
22.2.1. b.22
24.2:1.2
24.2.1.4
24.2.1.9
24.2.1.20
24.2.1.21
24.2.t.22
24.2.1 ~23
24.2.1.24
24.2.1.25
24.2.1.32
24.2.1.34
Department store.
Furniture and home appliances (sales and service).
Indoor theaters.
Automobile, truck repair shop excluding body shop.
Automobile, truck,repair shop.
Building mat6rials sales.
Factory outlet sales - clothing and fabric
Hotels, motels and inns.
Light warehousing.
Machinery and equipment sales, service and rental.
Mobile home and trailer sales and service.
Modular building sales.
Motor vehicle sales, service and rental.
Sale of major recreational equipment and vehicles.
Wholesale distribution.
Page 2
April 5, 1996
Acceptance of the plan titled "Avon Street Retail Development" initialed
WDF, 3/27/96 as the plan of developmem.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on MAY 8. 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,
William D. Fritz
Senior Planner
WDF/jcf
CC.' -
Amelia McCulley
Jo Higgins
Hi!! Crest Land Trust & Hurt Investment Co
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
WILLIAM D. FRITZ
APRIL 2, 1996
MAY 8, 1996
ZMA-95-21 CATHCART PROPERTIES AND DENICO DEVELOPMENT
A_p_p_licant's Proposal: The applicant is proposing to rezone approximately 11.6 acres to PD-
SC. Planned Development-Shopping Center to allow the construction of aretail center. Access
to the site will be from the proposed Route 20/Route 742 connector. The applicant's proposal
involves the construction of 85.000 square feet of various commercial uses. The applicant has
submitted a detailed description and justification for this use (Attachment C). (Staff has omitted
the contracts from the applicant's information packet). Staff will incorporate the applicant's
comments in the text of this report.
Petition: Hillcrest Land Trust petitions the Board of Supervisors to rezone 11.6 acres from R-l,
Residential to PD-SC, Planned Development Shopping Center. Property, described as Tax Map
91, Parcel 2, is located on the east side of Rt. 742 opposite the intersection of Mill Creek Drive in
the Scottsville Magisterial District. This site is recommended for High Density Residential
( 10.01 - 34 dwelling units per acre) in Neighborhood 4. (The Planning Commission proposed
designation in its recommended Land Use Plan is Community Service).
Character of the Area: This site is currently wooded, predominately with pines. The
surrounding area includes Albemarle County Service Authority (ACSA) water s~orage tanks
(south), single family attached housing (west across Rt. 742), a church and multi-family housing
(north) and industrial land (northwest). Mill Creek North is located directly west of this site.
The Route 20/Route 742 connector road will divide this property. The proposed high school will
border the site to the east.
RECOMMENDATION: Staffhas reviewed this request for compliance with Sections 8.0
Planned Development, Generally and 25.0 Planned Development-Shopping Center of the Zoning
Ordinance and recommends approval.
Planning and Zonine History_: Several applications have been submitted for various changes in
the zoning of this and the parent tract of Hillcrest. Most of these request were withdrawn or
deferred prior to the Board of Supervisors action. No rezonings have been approved on this
portion of the Hillcrest property. A request for PD-SC zoning of this site, ZMA-94-05, was
recommended for approval by the Planning Commission, but was denied by the Board of
Supervisors on August 17, 1994 as the proposed zoning was not consistent with the
Comprehensive Plan.
the area to the north o£the existing church was originally part of the Hillcrest property and has
been rezoned PRD and multi-family units are under development (Lakeside Apartment 348
units).
Page I of 6
All reviews for PD-SC designation involve review of the provisions of Sections 8.0 Planned
Development, Generally and 25.0, Planed Development-Shopping Center. Staffwill address the
relevant portions of these provisions. The full text of both of these Sections is included as
Attachment F.
Section 8.5.4 contains the fmdings which must be made by the Planning Commission. Staffwill
address each item individually,
The suitability of the tract for the general type of PD district proposed in terms of: relation to the
Comprehensive Plan: Chvsical characteristics of the land: and its relation to surrounding area:
This area is recommended in the 1989 Comprehensive Plan for High Density Residential (10.01-
34 dwelling units per acre). The 11.6 acres currently under review could accommodate between
116 and 394 units based on the density recommended in the Comprehensive Plan. The area
immediately to the west across Avon Street in Mill Creek was previously designated as
Neighborhood Service. However, that designation was removed and the zoning of the property
was changed to allow residential development (CPA-93-05 and ZMA-92-041. In the Board's
action to remove the commercial designation, staff was instructed to investigate replacement
commercial areas in Neighborhood 4 to amend into the Comprehensive Plan (see Attachment D).
With the level of development occurring in this Neighborhood, the area proposed for this
development has now been recommended for Community Service use in the Land Use Plan
proposed by the Planning Commission. This proposal is consistent with that designation.
The need to have a commercial area on Rt. 742 is stressed by the applicant. Existing residential
development (932 un/ts in Neighborhood 4) and development under construction does not have
any readily accessible commercial areas. The applicant's proposed development would provide for
a mixture of small scale commercial uses and would be able to provide basic support services~ such
as a grocery store and banking services. The applicant has supplied agreements which are
designed to limit the scale of the commercial development.
The site plan for this project has been reviewed by the Site Review Committee. The physical
characteristics of the land do not prevent development of the site. Staffnotes that some soils inthe
area may have high shrink-swell potential. This can be overcome with various engineering
techniques. Other sites in the area, including Cale Elementary School, are built on sites with high
shrink-swell soil. No other physical limitations were noted.
The character of the area is described earlier in this report. It has been stated that this use is to
provide service to the fast developing residential areas nearby. The plan as designed is intended to
create minimal impact on these properties. This site lies within the Entrance Corridor and any
fmai site plan will require approval by the Architectural Review Board. Staff opinion is that with
Page 2 of 6
appropriate design review the development of this site will not adversely affect the corridor. The
ARB held a preliminary conference on July 18, 1994. The ARB will require landscaping and
other site designs including buffers to mitigate this sites visual impact. The design of the site has
remained essentially unchanged since the 1994 review and, therefore, the comments remain
valid.
Relation to maior roads, utilitiesL public facilities and services:
This site will be served by public water and sewer. The development will have access to the
proposed Rt. 742/Rt. 20 counecmr road. Trip generation from this development can be anticipated
to have a total trip generation o£approximately 12,000 vehicle trips per day (vtpd). The existing
zoning could result in approximately 110 vtpd. The location of the proposed connector road has
been reserved for dedication in previous subdivision approvals. The connector road will divide the
commercial development with approximately 2/3 of the commercial development lying on the
south side of the connector road~. The plan submitted by the applicant is consistent with County
and Virginia Department of Tra/~sportation (VDOT) plans for the connector road. The applicant
has designed the access to the site to allow for entrances involving left tums on the connector road
400 feet from Rt. 742. This will allow for left tttm lanes into the commercial development and
onto Rt. 742 from the connector[ road. Improvements to Rt. 742 will be required to accommodate
the turning movements into the site and will take into account the ultimate improvements for the
connector road. Comments from the Virginia Department of Transportation are included as
Attachment G. Staff opinion is ~that this request will be adequately served by existing and
proposed improvements in the area.
AdeQ_uacy 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 instmmems or for amendments in those proposed;
The applicant is the contract purchaser of the entire area proposed for rezoning. The applicant
' has submitted agreements which restrict the useof the PD-SC area (Attachment E). The
agreements are intended to prohibit those uses which are appropriate only in Regional Service
areas and to retain those uses appropriate in Neighborhood and Community Service areas as
designated in the Comprehensive Plan. The plan submitted for review adequately preserves the
alignment of the Rt. 742/Rt. 20 connector and is consistent with the County and VDOT plans.
Staff opinion is that this provision has been adequately addressed by the applicant.
Specific modifications in PD oi general re_m~lations as applied to the particular case. based on
determination that such modifications are necessary or Justified by demonstration that the public
purpose of PD or general re_rotations as applied would be satisfied to at least an equivalent
degree by such modifications:
Staff has identified a need to allow a modification of Section 21.7.3 which states
Page 3 of 6
"Buffer zone ad_iacent to residential and rural areas districts: No construction activity
including grading or clearing of vegetation shall occur closer than twenty (20) feet to any
residential or rural areas district. Screening shall be provided as required in section
32.7.9,
Except the commission may waive this requirement in a particular case where it has been
demonstrated that gradine or clearing is necessary_ or would result in an improved
desien, provided that:
a. Minimum screening requirements are met: and
Existing landscaping in excess of minimum requirements is substantially
restored,"
Grading is proposed within the buffer adjacent to the church, property owned by the Albemarle
County Service Authority and property owned by the County. These areas are currently
wooded with mostly mature pines.
Adjacem to the church the applicant has indicated the use of a retaining wall. This may
alleviate the need for disturbance in the buffer. However, staff opinion is that some disturbance
will occur. This disturbance is mimmal and as the adjacent site is not used for residential
purposes staff opinion is that retaining the buffer is not needed to protect the public interest.
(Churches are allowed in commercial districts with no special protections).
The area adjacent to property owned by the ACSA is used in part for a water storage tank. As
this area is not used for residential purposes, staff opimon is that retention of the buffer is not
needed to protect the public interest.
Grading within the buffer adjacent to the residue of the Hillcrest tract (proposed for the new
high school) is also proposed. The site plan for the high school currently under review does not
indicate any activity in proximity to this site. The future plans for the school property do consider
recreation facilities (pool) near this development. Again, as this area is not proposed for
residential development, retention of the buffer is not necessary. Therefore, staff is able to support
a modification of Section 21.7.3
SUMMARY
The applicant has submitted all review information required by the Zoning Ordinance. No physical
restrictions on development of the property have been identified by the Site Review Committee during
review. The design of the access to the property ~ncorporates improvements in the road network.
[mprovemems to Rt. 742 will be necessary to accommodate this development.
Staff finds this to be a reasonable and appropriate location for commercial for the following reasons:
Page 4 of 6
The site is centrally located within the Neighborhood, near residential area;
It is located along a major road corridor serving the nearby residential neighborhoods and commuters
to the City from southern Albemarle;
This location will be a major intersection of the proposed Avon Street/Rt. 20 connector and Avon
Street, providing convenient access to other areas of Neighborhood 4;
This area was previously identified as appropriate for commercial use in the 1982-2002
Comprehensive Plan,
The area is identified as community service in the proposed Land Use Plan.
RECOMMENDED ACTION:
Staff recommends approval of this request with the following agreemems:
1. The following uses shall be prohibited:
22.2.1. a.3
22.2.1. a.7
22.2.1 .b. 9
22.2.1. b.22
24.2.1.2
24.2.1.4
24.2.1.9
24.2.1.20
24.2.1.21
24.2.1.22
24.2.1.23
24.2.1.24
24.2.1.25
24.2.1.32
24.2.1.34
Department store.
Furniture and home appliances (sales and service).
Indoor theaters.
Automobile, truck repair shop excluding body shop.
Automobile, truck repair shop.
Build'rog materials sales.
Factory outlet sales - clothing and fabric.
Hotels, motels and inns.
Light warehousing.
Mach'mery and equipment sales, service and rental.
Mobile home and trailer sales and service.
Modular building sales.
Motor vehicle sales, service and rental.
Sale of major recreational eqmpment and vehicles.
Wholesale distribution.
Acceptance of the plan titled "Avon Street Retail Development" initialed
WDF, 3/27/96 as the plan of development.
ATTACHMENTS:
A - Location Map
B - Tax Map
C - Applicant's Information
D -Information From Review of CPA-93-05
E - Map Of Previous Comprehensive Plan
Page 5 of 6
Sections 8.0 and 25.0
G-VDOT Comment
A:~ZMA9521.RPT
Page 6 of 6
CASTLE
BOAZ
MOUNTArN
TOP
RCCK
TOM
MOUNTAIN
CHARLOTteS-
VILLE "
Cathcart Prop.
ZMA-95-21
& Denico Development
ZMA-95-2]
CATI{CART PROP, & DENICO DEVELOPMENT
Cathcart Properties
Denico Development Co.
Rezoning Application - PD-SC, Avon Street Extended
DESCRIPTION OF REQUEST: EXIYIBIT gl
The Applicant requests a rezoning of the parcel identified herein in Exhibits #3 and #10 from
the current zoning of R-1 to a Planned Development - Shopping Center ("PD-SC"), (Community
Center) designation as defined in Albemarle County Zoning Ordinance Section 25.0. The
proposed project is located off State Route 742 (Avon Street Extended) as shown on the attached
Exhibit #3 and consists of approximately 11.56 acres. The proposed project will be developed
in as many as four (4) phases, totalling approximately 85,000 square feet of commercial space,
and will conform generally to the preliminary site concept drawings attached hereto as Exhibit
#10.
The proposed shopp/ng center will be typical of a community shopping center and w'Rl most
likely offer, but not be limited to, services such as grocery store, drug store, video rental, dry
cleaner pick-up and pizza delivery. Other commerc'ml users anticipated are a bank. convenience
store and medical offices. Notwithstanding the foregoing, the Applicant proffers that certain
uses permitted by right under PD-SC zoning w'fll not be allowed in the subject development, as
evidenced by a letter to the County of Albemarle as shown on Exhibit #12. By proffering out
these by-right uses, the developers are ensuring that the shopping center will serve oniy the
surrounding community; the by-right uses remaining will not attract shoppers from other areas
of Albemarle County.
Cathcart Properties
Denlco Development Co.
Rezonlng Application - PD-SC, Avon Street Extended
I ATTACHI'.'IENT C I
f
JUSTIFICATION OF REQUEST: EXttIRIT//2
There is no community shopping' area in all of Neighborhood #4, in which the subject property
is located. In describing Urban Neighborhood #4, the 1989 Comprehensive Plan, a copy of
which excerpt is attached hereto as Exhibit #6, states that "There exists no neighborhood
shopping in the area."
Further, Table 50 in the 1989 Comprehensive Plan. also shown on Exhibit//6, states that 6
developable acres were designated neighborhood service (commercial) within Urban
Neighborhood #4. However, during 1993, this 6 developable acres designated commercial in
the 1989 Comprehensive Plan were rezoned from commercial to residential: homes were later
constructed on this site. As a result of this downzoning, the residents of this area were left with
no possibility of convenient shopping.
Yet a commerciat area within Urban Neighborhood #4 is urgently needed now. As can be seen
on Exhibit #8 attached hereto, 784 residential dwellings were located in Neighborhood #4 as of
November 10, 1994. Since that date, construction on 148 apartments at Lakeside has been
completed and allthe units are fully leased, thereby increasing the total number of dwelling units
in Neighborhood #4 to 932. Of that amount, as seen on Exhibit #7. 866 of those residential
dwellings, or 93 % of the total, have been constructed just in the past decade. This rapid growth
is directly attributable to the popularity of such residential communities within Urban
Neighborhood #4, such as Mill Creek, Mill Creek South, Willow Lake, Lake Reynovia and
Lakeside. Further, this rapid growth is projected to continue. Phase II of Lakeside is slated to
commence in the summer of 1996; 200 additional apartment units will be constructed bY the end
of 1997. In addition, the County of Albemarle has recently purchased 110 acres to the
immediate east of the subject property, on which the County plans to build a new high school.
(A housing survey conducted by the Applicant and summarizing past and future growth for these
communities is attached hereto as Exhibit #0).
The 1989 Comprehensive Plan anticipated growth in Urban Neighborhood #4. As can be seen
on the aforementioned Table 50 on Exhibit//6, the 1989 Comprehensive Plan envisioned a total
of 1,495 to 4,760 total dweRing units constructed on the 936 residentially developable acres
within Urban Neighborhood #4. What may have not been anticipated was the rapid rate of
growth. At the time that the 1989 Comprehensive Plan was adopted, approximately 182
dwelling units had been added to the existing supply over the previous six years; this
unremarkable rate of growth may have been the catalyst for designating only 6 acres as
commercial in the Comprehensive Plan. In stark contrast is the fact that in only six years after
the adoption of the Comprehensive Plan in 1989. an estimated 686 dwelfing units have been
added to the housing supply - for almost a 375% increase in the number of dwelling units!
This rapid rate of residential growth since the adoption of the 1989 Comprehensive Plan
demands a greater number of acres to be designated commercial in the Urban Neighborhood #4,
Cathcart Properties
Denico Development Co.
Rezoning Application - PD-SC, Avon Street Extended
JUSTI~CATION OF REQUEST: EXHIBIT #2 - CONTINUED
as evidenced by the fact that the subject 11.56 acres is currently designated as commercial in
the draft of the 1995 Comprehensive Plan.
The lack of commercial development accompanying this phenomenal growth in residential units
results in residents now having to travel the County highways and Route 29 North to satisfy their
shopping needs. A commercial development the size and type such as the one proposed, located
within close proximity of significant consumer generators such as Mill Creek, Mill Creek South,
Lake Reynovia and Lakeside in addition to being centrally located amongst such communities,
would appear to best serve the residents of these communities by satisfying their demand for
convenient shopping.
Further, the proposed development would also serve the County of Albemarle in general in that
vehicular trips to shopping centers to the east and north of Urban Neighborhood #4, resulting
in even more traffic congestion, would decrease as a result of provi.ding convenient shopping in
close proximity to the consumer; shoppers would not have to travel Avon Street Extended into
town to purchase a gallon of milk or a loaf of bread. Also, the advantageous location of the
proposed shopping center, situated at the intersection of Route 742 and the proposed Connector
Road between Route 742 and Route 20. will also help to alleviate traffic on Route 742.
Scheduled to be completed concurrent with the new high school, the Connector Road will
channel traffic from Willow Lake and other residences on Route 20 to the shopping center
without forcing such traffic to enter onto Route 742; the result would be less vehicles on Route
742 than might otherwise be without this strategic location at a major intersection.
Finally, the development of a shopping center, which is desperately needed, will help increase
the tax base of the County of Albemarle without further burdening its infrastructure..For
example, a community shopping center serving only the surrounding communities will .not
increase the number of children attending school.
IND PARK
ILL CREEK
WILLOW
LAKE
BAN NE:GHBORHO0! ~:4
Cathcart Properties
Denico Development Co.
Rezoning Application - PD-SC, Avon Street Extended
I ATTACHMENT C I
EXHIBIT #4
December 26, 1995
To Whom It May Concern:
Let it be known that in developing the above-referenced shopping center, the rezoulng
applicant commits to:
1. Proceed with the proposed development according to the regulations existing when the
map amendment creating the PD district is approved, with such modifications as are set by the
Board of Supervisors and agreed to by the applicant at the time of the amendment;
2. Provide bonds, dedications, guarantees, agreements, contracts and deed restrictions
acceptable to the Board of Supervisors for completion of such development according to the
approved plans, and for continuing operation and maintenance of such areas, fac'titles anc~
functions as are not to be provided, operated or maintained at general public expense; and such
dedications, contributions or guarantees as are required for provision of needed public facilities
or services; and
3. Bind their successors in title to any commitments made under 1 or 2 above.
Respectfully submitted,
CATHCART PROPERTIES
By: Robert B. Cathcart
Its: President
O DEVELOPMENT CO.
By: ~Denise E. LaCdur
Its: 'President
)
PROFILE SCALE: 1"- 200' HORZ.;
30' VERT.
· NEIGItBORIIOOD FOUR
LOCATION
EXI~IBIr # ~ i ATTACHMENT C I
limitations for development activities (See Neighl~r-
hoods One and Two for explanation).
Ncigbborbcxxl Four is bounded on tile west by
Biscuit Run, on tile north by Moores Creek, on tile
east by Route 20 South and on the south by a stream
tributary to Biscuit Run approximately 2.000 feet
south of thc intersection of Avon Street Extended and
Route 20. Ncighborh(xxl Four also includes an adja-
cent area which ~s bounded by tile City's corporate
limits, tile Rivanna Rivet, and Interstate 64. This m-
cludes tile Woolen Mills and the Moores Creek Waste.
water Treatment Plant.
PUBLIC WATER AND S.e. WER
Water service capacity south of Interstate 64 is
being upgraded with thc construction of the Avon
Street water tank (two million gallon capacity). Sewer
service could incrementally be extended out into
developed areas through 'thc Biscuit Run interceptor,
but limitations also exist in tile Moores Creek inter-
ccptor.
ROADS
EXISTING LAND USE
Residential - The Neighborhood area is estimated
0985) to include 141 dwelling units and a population
of 385 persons. More titan one-ball of the Neighbor-
hood units are sipgle-hmily detached. Wiflougbby,
Willow Lake, and Mill Creek have been the pnmaty
residential development areas in recent years.
Commercial and Office -Very few retail commer-
cial uses exist in Ncighborbood Four. The area con-
tains less than 60.000 square feet of retail
development and 28.000 square fcct of office develop-
mcnt. There exists no ncigbborhood sbopping in the
area, However, a small commercial area was approved
in 1986 at the Mill Creek development.
Industrial - There are a varmty of industrial activi-
ties located in Neighborhood Four which total
330,461 square fcct of floor area.
Other Land Uses - The Neighborhood prcsemly
contains Piedmont Virginia Community College, a pri-
vate school, two churches, thc Regional Joint Security
Complex, thc National Guard. Armory, and tile
Thomas Jefferson visitors Center.
ENVIRONMENTAL CIIARACTERISTICS
Tile major portion of thc area forms three saps-
ram watersheds, one draining into Biscuit Run and
two smaller ones draimng into Moorcs Creek. The
area from Lakc Rcynovia south forms tile castcrn l~tlf
of tile Biscuit Run dtainagc basin. The two areas north
of this point, on rfither side of Avon Street Extended.
flow directly north into Moores Creek. Some stccp
slopes on both sides of Interstate 64 and floodplains
along Moores Creek and Biscuit Run pose develop-
ment limitations in those areas
The area contains two soil associations, Rabun-
Myersville-Catoctin Association and Elioak-Ilazel-
Glenclg Association. These assocfmtions bare some
Avon Street has limited roadway capacity to
handle future development. Fast-west access is vir-
tually non-existent in the Neighborhood No central
access to Interstate 64 from tile Neighborhood, com-
bined with lack of east-west connectors, has pre-
viously restricted development potential.
ILECOMMENDATIONS:
Development plans along Route 20 are to be sensi-
tive to its status as an entry corridor to the Urban
Area and Monticello,
Transportation improvements include:
- Roadway interconnection of Route 20, Avon
Street -Extended. and Fifth Street, which
would provide access to Interstate 64 and
traffic circulation within the Neighborhood.
Two roadway projects will accomplish
this---a connector road from Fifth Street to
Avon Street across thc northern peri of the
Mill Creek development, and a separate
connector from Avon Street to Route 20.
The first project to be developed should be
tile Avon Strcctqloute 20 connector.
- Interchange at Interstate 64 and Avon
Street.
Estabfish medium and high density residential
along Avon Street near possible alignments of east-
west connector roads.
Designate open space for former landfill site in
northwest quadrant of Interstate 64/Avon Street
due to unsuitability for development,
Construct Southern Area Elementary School along
Avon Strcct.
Utility improvements include:
170
- Second two million gallon water storage
rank at Avon Street site based on demand
- Southern water line interconnecting Avon
Street mn'ks with Observatory and Pantops
ranks to provide desired water flow and
pressure. Western loop of line to Obser-
vatory is immediate priority. Eastern loop to
l'antops based on demand.
Mooms Creek interceptor relief lines. Tile
Quarry Road to treatment plant segment is a
short-term need witb further analysis of
odmr segments nccdcd in the utilities
master plan. Moores Crcck interceptor
capacity will need to be increag2d lo handle
ultimate flow of Biscuit Run interceptor cur-
rcntly under dcwclopmcnt.
- Uhimatc expansion of Moores Creek Ad-
vanced Wastewatcr Treatment Plant from
15.0 MGD to 30.0 MGD capacity (1995 or
later).
Industrial service and ncighlyorhood service desig-
nation on Avon Street across from Lake Reynovia
limited to existing zoned land only.
Consider recommendations of the City/Coun-
ty/University Planning and Coordination Council
for the Blue Ridge/Route 20 South Study Area. In-
corporate adopted recommendations into thc
Comprehensive Pkm for thc County.
TABLE 50
DEVELOPMENT POTENTIAL
NEIGHBORHOOD FOUR
DEVELOPABLE DWI!L LING
ACRFAGE UNIIS
Residential - Low 850 850-3400
Residential - Medium 36 144-360
Residential - I ligh 50 501-1000
RESIDFN IIAL SUB10'IA[ 936 1,1954760
Neighborhood Service 6
Industrial Service 149
Public 16
NON-RESID£N]IAL SUBIOTAL 171
UNDEVELOPED LAND TOTAL 1107
I Page 8]
NEIGHBORHOOD FIVE
LOCATION
Neighborhood Five is bounded on the west by a
ridge line west of the Interstate 64/Route 29 inter-
change, tile Sherwood Farms subdivision and Route
631; on the north by Moore's Creek; on the east by
Biscuit Run; and on the south by a series of lakes and
a tributary to Biscuit Run.
EXISTING LAND USE
Residential - A total o£ 895 dwelling units and
2,136 persons are estimated (1985) ~tthin the Neigh-
borhorxL Mobile homes account for nearly four
hundred units which are predominately located in the
Southwood Mobile Home Park. 2]re Country Green
development contains approximately 250 apartment
units. Very few new housing units have been con-
structed in recent years.
Commercial and Office - Two small stores and
one hotel arc located in the area. Additionally, the
Virginia Power Regional Headquarters is located north
of Interstate 64.
Other Land Uses - Currently, two churches and
thc Mountaimvood substancc.~tlcohol abuse treatment
center cxtst in tile neighborhood.
ENVIRONMENTAL CIId~vlACTERI S TIC S
Thc major portion of tile area drains east to
Biscuit Run, while smaller drainage basins in the
northwest corner of the NeigbIc~orhood drain directly
into Moores Creek.
Thc Ncighborhood is primarily composed of one
soil association, tile EIioak-Hazel-Glenelg Association.
Some limitations for sanitary facilities and building site
development arc present (see Neighborhood One for
explanation).
Thc majority of tile land are~ is presently forest.
Small opcn arras of agricultural use occur on the
wcstcrn side of Route 631 and south of Interstate 64.
A number of areas of steep slope on undeveloped
arras north of Interstate 64 and west of Sunset Avenue
rcstrict devclopmcnt at gross density. Areas of flood-
plain along Biscuit Run and Moores Creek are re-
stricted from dcvclopmcnt and appropriate as open
space
PUBLIC WATER AND SEWER
Utilities are not currently available to southern
areas of the Neighborhood. Tile Neighborhood will
171
Cathcart Properties
Denico Development Co.
Rezoning Application - PD-SC, Avon Street Extended
EXI-HBIT g7
BREAKDOWN OF NEW RESIDENTIAL DWELLING UNITS IN
URBAN NEIGHBORHOOD//4 OF THE COMPREHENSIVE PLAN
ALBEMARLE COUNTY, VIRGINIA
Year Total Number of New Dwelling Units
1985 21
1986 22
1987 57
1988 80
1989 104
1990 102
1991 97
1992 79
1993 85
1994 219
TOTAL 866
Source: Albemarle County Planning and Community Development
$
I ATTACHPIENT C I
Exhibit 9
I ATTACHMENT C I
['Page III
AVON STREET EXTD. HOUSING SURVEY - DECEMBER 1995
COMPILED BY ROBERT B. CATHCART
1. Lake Reynovia
Distance from site: 1/4 mile
Total Lots: 198
Total Built & Occupied: 58
Total Under Construction: 9
Projected Construction Rate: 25/year
Approx'maate Price Range: $130,000.00 - $ 220,000.00
*Information supplied by Johnnie Johnson, Realtor
2. Mill Creek
Informaton supplied by Betty Marshall, Representative of the Builder/Developer.
Distance from site: 1/10 mile to 1/2 mile
Lots
Seca (Mill Creek North) 40
Sec. 2 CMill Creek South) 40
Sec. 3 (Mill Creek North) 36
Sec. 4 (Mill Creek North) 36-40
Sold
40
40
23
0
Detached Hom.e.s
Mill Creek North 219 216
Mill Creek South 207 174
Totals 582 493
Note: Sold means the home is built and occupied or under construction with a
contract to purchase ( not spec built).
Price Range: $ 89,950.00 - $170,000.00
Conslxuction Rate: 60 homes per year
Distance from site: 1 1/4 miles when connector road is completed.
Total Homes Built (attached): 68
Total Homes Built (detached: 24
Attached Homes to be built in '96?97: 28*
*Information supplied by Robert Hauser, Builder/Developer.
Note: With the completion of the connector road, Willow Lake will be only 1 1/4 miles from shopping center. Currently, their closest shopping is
3.4 miles away and involves driving tkrough town and several traffic lights.
By way of the connector road, residents of Willow Lake and others who
live on Rt, 20 will be able to conveniently access our shopping center without
ever getting on Avon St. Extd.
4. Foxcro~
Approximately 1/2 mile from the site and located on the North side of Southern
Parkway is a new subdivision called Foxcroft. The developer is Craig Builders and
there will be a total of four builders. Road building and utility work have begun.
There will be two phases. Phase I will contain 63 homes and Phase II will contain
75 homes for a total of 138 homes. Amenities will include a pool and playgrounds.
Home prices will range from $128,000.00 to $ 280,000.00. This information was
supplied by Betty Marshall, a representative of Craig Builders.
5. Lakeside Apartments
Proximity to site: 1/10 mile
Information supplied by Robert B. Cathcart, Developer.
Phase I: 148 units; clubhouse, pool, and all amenities completed in July 1995.
100 % leased and occupied.
Phase II: 200 units; construction to start May 1996; first units available
December 1996, completion November 1997.
Total Units: 348
Profile: Luxury apartment complex containing 1, 2, & 3 bedroom units, 4600 sq. ft.
clubhouse, fitness center, pool, hot tnb, tennis court, basketball and volleyball
courts. Rents range from $ 560.00 - $ 845.00 per month.
Total~
The above data indicates the following total for the five housing communities listed
below:
Present 12/96 12/97 12/98 1 2/99 12/1~0 1 2/01
Mill Creek: 493 553 582 _ 582 582 582 582
Lake Reynovia: 58 83 108 133 158 183 198
Willow Lake: 92 106 120 120 120 120 120
Lakeside: 148 172 348 348 348 348 348
Foxcmf~: 0 30 70 110 138 138 138
Totals: 791 944 1228 1293 1346 1371 1386
Note: The above projections are based on projections by the developer of these
communities and are consistent with growth rates in this part of the county over the past
several years. Actual growth will be affected by the local economy, industry, and interest
rates. The above housing projections include expected housing units through the year
2001 in presently approved subdivisions and lots in neighborhood 4. It is noteworthy that
all of the above neighborhood 4 subdivisions have been created and approved in the past
10 years. It would be reasonable to expect the creation and approval of additional
subdivisions and lots in neighborhood 4 in the next I0 years. Th/s is especially ume
considering the likely expansion of the growth areas just south of and adjacent to
neighborhood 4.
DENICO
DEVELOPMENT
EXItlBIT//12
LETTER FROM APPLICANT RE PROFFERS
I ATTACHMENT C I
I Page 141
December 26, 1995
Mr. William D. Fritz
Senior Planner
COUNTY OF ALBEMARLE
401 Mclntire Road
Charlottesville, Virginia 22902-4596
Re: Rezoning Application - PD-SC, Avon Street Extended
Dear BiU:
As applicant for the above-referenced rezoning request, we propose that all uses allowed
under ?D-SC zoning be applicable to our request, with the exception of the following sections:
22.2.1.a.3 24.2.1.20
22.2.1.a.7 24.2.1.21
22.2. t.b.9 24.2.1.22
22.2.1.b.22 24.2.1.23
24.2.1.2 24.2.1.24
24.2.1.4 24.2.1.25
24.2.1.9 24.2.1.32
24.2.1.34
If you have any questions, please do not hesitate to call us.
Sincerely,
Bye- ~enise E."-LaC~ur
esident
CATHCART PROPERTIES
By: Robert B. Cathcart
Its: President
Telephone: (804) 971-8996 · P.O. Box 744 Charlottesville. VA 22902 · FAX [804) 971-9344
I ATTACHMENT D I
July 28, 1993
COUNTY OF ALBEMARLE
Dept. of Planning & Community Deve]opmen!
401 Mclntire Road
Charlottesville, Virginia 22902-4596
~804) 296-5823
Mill Creek Commercial Land Trust
ATTN: Robert J. Kroner, Tr
P. O. Box 2737
Charlottesville, VA 22902
RE: CPA-93-05 Mill Creek Commercial
Dear Mr. Kroner:
The Albemarle County Board of Supervisors, at its meeting on July
21, 1993, amended the Comprehensive Plan Land Use Map to change
the land use designation on approximatley 6.8 acres within the
Mill Creek PUD from Neighborhood Service to Medium Density
Residential in Urban Neighborhood 4. In addition, staff is to
look at, during review of the Comprehensive Plan, designating a
new commercial area within Neighborhood 4 to replace that lost at
Mill Creek.
If you should have any questions or comments regarding the above
noted action, please do not hesitate to contact me.
Sincerely,
)
Director of Plann'~g ~mmunity Development
VWC/j cw
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
KEN BAKER
JULY 8, 1993
JULY 21, 1993
CPA 93-05 - MILL CREEK COMMERCIAL
BACKGROUND=
This is a request to amend the Comprehensive Plan Land Use Map to
change the land use designation on approximately 6.8 acres from
Neighborhood Service to Medium Density Residential in Urban
Neighborhood 4. The area is located on the west side of Route 742
(Avon Street) between Mill Creek Drive and Southern Parkway in the
Scottsville Magisterial District and is a portion of the Mill Creek
Planned Unit Development (See Attachment A).
PURPOSE~
The purpose of this request is to permit the construction of
residential units on the site. The applicant has indicated that
the property appears to be unsuitable for commercial use due to the
topography. There are certain areas that are steep and would
require a great deal of grading for commercial development. The
applicant believes that development is more suitable for
designation as medium density residential since development
consistent with this designation would have a lesser impact on the
site than commercial scale development.
HISTORY:
On May 7, 1986, the Board of Supervisors approved a petition to
rezone 236 acres from R-1 to PUD, Planned Unit Development. The
approved PUD consists of the commercial area in question, an
industrial area_and a maximum of 315 dwelling units. A condition
on the commercial area limited it to a maximum 60,000 square feet
of gross floor area and uses permitted by Section 20.4 of the
Albemarle County Zoning Ordinance.
With the update of the Comprehensive Plan adopted in July 1989, the
Land Use Plan was changed to reflect the commercial portion of the
Mill Creek PUD. The previous Comprehensive Plan (1982-2002) had
two areas designated for commercial land use located on the east
side of Route 742. These areas were deleted and the Neighborhood
Service land use designation was added to reflect the commercial
portion of Mill Creek (See Attachment B).
The City, County and University have developed land use plans for
lands which lie at the boundaries of or between the University and
either the City or County. These studies are referred to as "Area
B" studies. Such a study, "The Blue Ridge Neighborhood
Study", was conducted in 1991 for an area between Avon Street and
the Blue Ridge Hospital tract (The University owns the hospital
site). This study recognized that additional commercial
development, in addition to that at Mill Creek, may be warranted to
adequately serve residential development in the area.
EXISTIN~ CONDITIONS~
Residential DeveloDment
Neighborhood 4 is experiencing rapid growth with the development of
Mill Creek (327 units planned assuming approval of ZMA-92-04), Mill
Creek South (307 units planned), Lake Reynovia (198 units planned)
and the recently approved Lakeside Apartments (360 units). In
addition, there are over 800 undeveloped acres designated for
residential development.
Commercial Services
The nearest commercial service areas are located in the City along
Avon Street (1.6 miles north - two (2) general markets) and on
Monticello Avenue near the 1-64/Route 20 interchange. Community
services such as grocery stores and general retaii are available
downtown and at Willoughby Square on Fifth Street. Time travel and
distance to these areas are increased due to the lack of an
east/west connector in the southern Urban Neighborhoods.
Transportatio~
The area in question is currently served by State Route 742 (Avon
Street). This roadway is classified as a minor arterial and is
considered tolerable by the Virginia Department of Transportation.
If a commercial use is developed on this site, access would likely
be provided off Mill Creek Drive to serve the residents of Mill
Creek and directly off Avon-Street. Access to the Southern Parkway
is difficult and costly due to existing topography. Mill Creek
Drive was approved by VDOT with a waiver and is designed for
maximum vehicle trips per day (vtpd) of 2600. If the commercial
site is developed to its maximum potential (60,000 square feet),
the site is projected to generate 5,499 vtpd (generation rates
conform to the Trip Generation Manual prepared by the Institute of
Traffic Engineers, 5th Edition p. 1231 - 91.65 vtpd/1000 sf). In
a 1991 traffic study conducted by Applied Technology & Engineering,
it was estimated that with two entrances serving the commercial
site (Avon Street and Mill Creek Drive), ~7.5% of the traffic
volume would utilize the Avon Street exit and 37.5% of the traffic
volume would utilize the Mill Creek Drive entrance. This would
result in an additional 2,130 vtpd onto Mill Creek Drive.
Review of Applied Technology & Engineering's traffic study also
indicated that if the site in question was excluded, Mill Creek
Drive would experience 1,147 vtpd. The additional impact of up to
2,062 vtpd as a result of commercial development on this site may
adversely impact Mill Creek Drive as currently designed.
If the site is developed as a medium density residential areal it
will generate fewer vtpd onto Mill Creek Drive than a commercial
development. A residential development would be expected to
generate between 158-398 vtpd, depending on the number of units
developed (generation rates conform to the Trip Generation Manual
prepared by the I~stitute of Traffic Engineers, 5th Edition p. 38.2
- 5.86 vtpd/dwelling). This would result in between 59-149
additional vtpd onto Mill Creek Drive (assuming 37.5% of the
traffic would utilize Mill Creek Drive and 67.5% would utilize Avon
Street).
The Comprehensive Plan recommends the interconnection of Route 20,
Avon Street Extended, and Fifth Street. If constructed, these
roadways will improve traffic circulation in Neighborhoods 4 and 5
(See Attachment C), in particular providing more convenient
east/west connection.
Environment
An area of steep slopes (25% or greater) exists on the northern
portion of the property along the Southern Parkway. Soils on this
property consist of Myersville Very Stony Silt Loam, Orange Silt
Loam and Catoctin Very Stony Silt Loam. The Myersville soil is
well-drained and bedrock is generally at a depth of more than five
(5) feet. The Orange soil is poorly to moderately drained and
bedrock is at a depth of fifty-five (55) inches. The Catoctin is
well-drained and shallow to bedrock (20 to 40 inches) (See
Attachment D).
Water and Sewer
This area is within the Albemarle County Service Authority's
jurisdictional area for water and sewer. A 20" water line is
located approximately 25' from this area. A 8" sewer line is
proposed to terminate at the site.
Police
The community Facilities Plan recommends a response time of ten
minutes or less to all emergency calls throughout the County.
Police response times to this area generally exceed the recommended
response time.
3
ATTACHMENT D 51
ATTACHHENT
Cu~'~'~rcial Designations
Urban Area Land Use Plan
1982-2002
~T. 5~
CHAR
ENT Page 6
T
IA'I-rACHMENT C]
Proposed Avon Str,,
Fifth Street Corm.
ATTACHMENT D
I ATTACHHENT D I I'Page 71
~..VILLAGE
HOME8 II 5
E
MILLCIII,d,~K IIRiVF,:''':'''''I
2
: ~ MYERSVILLE VERY STONY SILT LOAM
(590)
~ CATO'CTIN VERY STONY SILT LOAM
(13D)
CRITICAL SLOPES (25% "OR GREATER)
ORANGE SILT LOAM
(63B)
,to fire emergency calls of five min~" , ·
response time to ~cue emergency ca~ ~l--
provide 24 hour fire protection to th-
i
I
The Ridge Street Fire Company would be the primary responder to a
fire call originating from the area under study. The
Charlottesville Albemarle Rescue Squad would respond to rescue
emergency calls. Due to close proximity of the Ridge Street
station, recommended fire response times are achieved. Response
for rescue emergency calls slightly exceeds the recommended four
minute response time.
Schools
Children residing in this development will attend either Cale,
Walton or W.A.H.S. It is expected that new residential development
in this area woul~ generate the following number of school aged
children:
Number of Number of
Grades i~ Potential Multiplier Children
Units
K-6 27-68 .443 12-30
7-9 27-68 .166 4-11
10-12 27-68 .126 3-9
Below is the effective capacity, the maximum capacity and current
enrollments of schools serving the area.
Effective Maximum Current
School Capacity Capacity Enrollment
Cale Elementary 495 594 424
Walton Middle 675 810 546
School
Western Albemarle 1,170 1,404 '1,030
High School
At this time, all schools currently have adequate
absorb potential school aged children as a result of a
development at this site. As residential development
capacity to
residential
C
H
A
R
T T
ATTACHMENT{[.
S
iB i
Mill Creek
Cc~maer¢ial Area
deleted 07/28/93
· A >A
0
\
OGeneral Areas Evaluated for -
Commercial Designation
8.0
8,1
8.2
PLANNED DEVELOPMENT DISTRICTS - 'GENERALLY
INTENT
Planned development districts are intended to provide
for variety and flexibility in design necessary to
implement the varied goals and obje'ctives of the county
as se5 forth in the comprehensive plan. 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 develop-
men5 regulations are intended to promote: economical
and efficient land use through unified development;
improved levels of amenities; appropriate and harmonious
physical developmens; 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 the 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 facitita5e protection of the character of surrounding
neighborhoods; and to lessen vraffic 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 employmen5 shall be related
either by physical proximity or by adequate street
networks so as to promose these objectives.
RELATION OF PLANNED DEVELOPMENT REGULATIONS TO GENERAL
ZONING, SUBDIVISION OR OTHER REGULATIONS
The following provisions shall apply generally to the
establishment and regulation of all planned development
districts. Where conflicts occur between the spec'ial
PD provisions herein and general zoning, subdivision or
other regulations or requiremenvs, these special
regulations shall apply in ?D districts unless the
board of supervisors shall find, in the particular case:
(a) that provisions herein do no5 serve public purpcses
to a degree at least equivalent vo such general zoning,
subdivision or other regulations or requiremenss: or
~hat actions, designs or solutions proposed by the
applicant, although nov literally in accord with these
special or general regulations, ~atisfy public purposes
~o at least an equivalent degree. It is specifically
provided, however, that where Floor area and similar
ratios have been established by these regulations,
board shall not act in a particuIar case to alter said
ratios.
-81-
8.3
8.4
8.5
Except as provided above, procedures and requirements
set forth herein and standards adopted ~or particular
PD districts, shall apply in such PR districts.
PLANNED DEVELOPMENT DEFINED
For purposes of these regulations, a planned development
is:
Land under unified control ~o be planned and
developed as a whole;
Either in a single development operation or a
programmed series of development operations;
c. 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.
WHERE PERMITTED
Planned development districts may hereafter be established
by amendment to the zoning map where tracts suitable in
location and character for the uses and structures proposed
are ~o be planned and developed as units according to the
requirements and procedures set forth herein. PD districts
shall be appropriately located with respect to the pattern
and timing of the developmen~ proposed in the comprehensive
plan, and to public and private facilities existing or
scheduled to be available when required by the development.
PROCEDURES FOR PD APPLICATIONS
APPLICATIONS, MATERIALS TO BE SUBMITTED
Applications for PD districts shall be submitted as for
other zoning map amendments. Material submitted with
the application or on subsequent request by the commission
shall include all plans, maps, studies and reports which
may reasonably be required vo make the determinations
called for in the particular case, with sufficient copies
for necessary referrals and records. More specifically,
all of the following shall be required:
Location of trac~ or parcel by vicinity map at a
scale of no~ less than one (1) i~ch equals ~wo
thousand (2,000) feet, and landmarks sufficient to
properly identify the location of the property;
b~
An accurate boundary survey of
limit showing ~he location and
evidence;
the ~ract or plan
type of boundary
de
Existing roads, easements, and utilities; watercourses
and their names; owners, zoning, present use of adjoining
tracts, and location of residential s~ructures on
adjoining tracts, if any;
Location, type and size of ingress and egress to the
site;
Existing topography accurately shown with a maximum of
five (5) foot contour intervals at a scale of not less
than one 'hundred (100) feet To the inch. ' Other in-
terval and/or scale may be required or permitted by the
director of planning where ~opographic considerations
warrant;
f. Flood plain limits which shall be established by
current soil s~rvey, Corps of Engineers survey, and/or
engineering methods;
Connection to existing and proposed Virginia Department
of Highways construction and proposed comprehensive
plan thoroughfares when necessary;
A minimum of two (2) data references for elevations to
be used on plans and profiles and correlated, where
practical, ~o U.S~ Geological Survey data;
A report identifying all property owners within the
proposed district and giving evidence of unified
control of its entire area. The report shall state
agreement of all present property owners to:
Proceed with the proposed development according to
regulations existing when the map amendment
creating the PD district is approved, with such
modifications as are set by the board of super-
visors and agreed to by the applicant at the time
of amendment;
Provide bonds, dedications, guarantees, agree-
ments, contracts, and deed restrictions acceptable
to the board of supervisors for completion of such
development according to approved plans, and for
continuing operation and maintenanoe of such
areas, facilities and functions as are not to be
provided, operated or maintained a~ general public
expense; and such dedications, contributions or
guarantees as are required for provision of needed
public facilities or services; and
Bind their successors in title To any commitments
made under 1 or 2 above;
-83-
8.5.2
8.5.3
8.5.4
An application plan showing general road alignments and proposed
rights-of-way; general alignment of sidewalks, bicycle and
pedestrian ways; general water, sewer and storm drainage lay-out;
general parking and loading- areas and circulation aisles; loca-
tion of recreation facilities; existing wooded areas and areas to
remain wooded; sua~ary of land uses including dwelling types and
densities and gross floor areas for commercial and industrial
uses, preliminary lot lay-out and proposed topography with a
maximum of five (5) foot contour intervals. (Amended 9-9-92)
PLANNING COMMISSION PROCEDURES
On applications for PD districts, the commission shall proceed in
general as for other rezonmng applications but shall give special
consideration to the following matters and shall allow changes in
original applications as indicated below.
PREAPPLICATION CONFERENCES
Applicants are required to meet with the planning staff and other
qualified officials no review the application plan and original
proposal prior to submittal. The purpose of such preapplication
conference shall be to assist in bringing the application and material
submitted therewith as nearly as possible into conformity with these
or other regulations applying in the case, and/or to define specific
variations from application of regulations which would otherwise apply
which seem justified ~n view of equivelent service of the public
purposes of such regulations.
In the course of such preapplication conferences, any recommendations
for changes shall be recorded in writing, and shall become part of the
record in the case. All such recommendations shall be supported by
stated reasons for the proposed changes. Applicants shall indicate,
in writing, their agreement to such recox~endations, or their dis-
agreement and their reasons therefor. Response by applicants shall
also be included in the record.
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
con~nission'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:
-84- (Supp. #68, 9-9-92)
.8.5.5
The suitability of the tract for the general type
district proposed in terms of: relation ~o the
comprehensive plan; physical characteristics of the
land; and its relation ~o surrounding area;
PD
Relation to major roads, utilities, public facilities
and services;
Adequacy of evidence on unified, control and suitability
of any proposed agreements, concracts, deed restric-
tions, sureties, dedications, contributions, guar-
antees, or other instruments, or the need for such
instruments or for amendments in those proposed; and
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.
Based on such findings, the commission shall recommend
approval of the PD amendment as proposed, approval con-
ditioned upon stipulated modifications, or disapproval.
ACTION BY BOARD OF SUPERVISORS
On applications for PD districts, the board of supervisors
shall proceed in general as provided for other map amend-
ments. The board of supervisors may approve the application
in accordance with PD and general regulations, may include
specific modifications of PD or general regulations as
provided in section 8.5.'4 as recommended by the commission,
or may deny the application.
If the application is approved, the board of supervisors
shall ih its amending action, approve the application plan
in whole or in part or may indicate required changes, and
such approval and requirements shall be binding in deter-
minations concerning final development plans. The develop-
ment shall be in accord with site development plans meeting
the requirements of this ordinance as specifically sup-
plemented or modified by the board of supervisors in the
particular case. Modificaslons in the application plan or
other application materials required by board approval shall
be submitted, by the applicant to the director of planning
prior to submission of the final site development plans.
Revised application plans shall be submitted within sixty
(60) days of board approval or such approval shall be deemed
null and void.
-85-
8.5.6
8.5.6.1
8.5.6.2
8.5.6.3
8.5.6.4
FINAL SITE DEVELOPMENT PLANS AND SUBDIVISION PLATS
CONTENTS OF SITE DEVELOPMENT PLANS: SUBDIVISION PLATS
Unless modification is permitted by board of supervisors' action
pursuant to sections 8.5.4 and 8.5.5, all site development plans shall
comply with section 32.0 of this ordinance and all subdivision plats
shall comply with Chapter 18 of the Code of Albemarle. (Amended
9-9-92)
APPROVAL OF SITE DEVELOPMENT PLANS: SUBDIVISION PLATS
Approval of site development plans and subdivision plats shall be
based on: compliance with site development plan or subdivision
regulations applying at the time the land was designated as a PD
district; or at the option of the applicant, compliance with such
regulations currently in effect. (Amended 9-9-92)
VARIATIONS FROM APPROVED APPLICATION PLANS
Variations in site development plans and subdivision plats from
approved application plans may be permitted by the director of plan-
ning and community development upon a finding that such variations
are: generally in keeping with the spirit and concept of the approved
application plans; in accordance with the comprehensive plan; and in
accordance with regulations currently in effect. Changes other than
permitted herein shall be made only by rezoning application. (Amended
9-9-92)
BUILDING PERMITS, GRADING PERMITS
After PD designation, no building permit including special footings
and foundation permits shall be issued in such district prior to
approval of site development plans or subdivision plats for the
development of the area in which such permits would apply. In the
case of a subdivision plat, the director of planning and community
development may authorize issuance of a grading permit for road
construction upon approval of road plans by the director of engineer-
ing or the Virginia Department of Transportation as the case may be.
(Amended 9-9-92)
-86- (Supp. #68, 9-9-92)
8.5.6.5
iATTACHHENTF [Page 7J
SPECIAL PROVISIONS APPLICABLE TO CERTAIN PD DISTRICTS
In the case of any PD district established at the time of
the adoption of this ordinance, or thereafter by action of
the board of supervisors without an application, as to which
no application has been submitted in accordance with section
8.5.1 of this ordinance or the analogous p~ovisions of any
predecessor ordinance, no site developmen= plan or subdi-
vision plat shall be approved unless and until such appli-
cation, including all transportation analysis plans and
other plans, maps, studies and reports required by this
ordinance, shall have been submitted and approved in accor-
dance with this section. In the case of any such PD dis-
trict which has been heretofore developed in accordance with
an approved site development plan, such approved site
development plan shall be deemed =o be the application plan
for all purposes hereunder and there shall be no requirement
for any further application. (Amended 7-16-86)
-87 -
Supp. ~62, 6-19-91)
25.0
25.2
25.2.1
PLANNED DEVELOPMENT - SHOPPIN~rr~C~NTERS - PD-SC
INTENT, WHERE PERMITTED
PD-SC districts are hereby created and may hereafter be estab-
lished by amendment of the zoning map to permit the development
of neighborhood, community and regional shopping centers in
accordance with standards set forth in the comprehensive plan.
PD-SC districts are intended to serve areas not conveniently and
adequately provided with a broad range of commercial and service
facilities. Regulations provided are intended to encourage
planned commercial centers with carefully organized buildings,
service areas, parking areas and landscaped areas.
PD-SC districts shall be located in areas served by both public
water and sewer systems; provided that neighborhood shopping
centers may be permitted in areas not served by public water
and/or public sewer systems where adequate alternative water
supply and/or sewerage disposal systems are available. PD-SC
districts shall have direct access to public streets adequate to
accommodate traffic generated by the development.
PERMITTED. USES
BY RIGHT
Uses permitted by right shall include commercial and service
establishments permitted by right in the C-i, CO and HC dis-
tricts. Outdoor storage, sales or display shall be permit-
ted only when enclosed by appropriate visual screening.
Electric, gas, oil and communication facilities excluding
tower structures and including poles, lines, transformers,
pipes, meters and related facilities fo~ distribution of
local service and owned and operated by a public utility.
Water distribution and sewerage collection lines, pumping
stations and appurtenances owned and operated by the Albe-
marle County Service Authority. (Amended 5-12-93)
.3.
Public uses and buildings including temporary or mobile
facilities such as schools, offices, parks, playgrounds and
roads funded, o. wned or operated by local, state or federal
agencies (reference 31.2.5); public water and sewer trans-
mission, main or trunk lines, treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna
Water and Sewer Authority (reference 31.2.5; 5.1.12).
(Amended t1~1-89)
4. Temporary construction uses (reference 5.1.18).
-154- (Supp. ~72, 5-12-93)
25.2.2
25.3
25.4
25.4.1
BY SPECIAL USE PERMIT
Commercial recreational establishment included but not limited to
amusemeng centers, bowling alleys, pool halls and dance halls.
(Amended 1-1-83)
Electrical power substations, transmission lines and related
towers; gas or oil transmission lines, pumping stations and
appurtenances; unmanned telephone exchange centers; micro-wave
and radio-wave transmission and relay towers, substations and
appurtenances (reference 5.1.12).
3. Parking structures located wholly or partly above grade. (Added
11-7-84)
4. Drive-in windows serving or associated with permitted uses.
(Added 11-7-84; Amended 9-9-92~
5. Yeterinary office and hospital (reference 5.1.11). (Added
11-15-89)
AREA REQUIRED FOR CREATION OF PD-SC DISTRICTS
Minimum and maximum areas required for the creation of PD-SC districts
shall be as follows:
Minimum Maximum
Village/Neighborhood center 1 acre
Community center 5 acres
Regional center 30 acres
less than 5 acres
less than 30 acres
(Amended 9-9-92)
SITE PLANNING - EXTERNAL RELATIONSHIPS
VEHICULAR ACCESS
Vehicular access points shall be designed to encourage smooth traffic
flow with controlled turning movements and minimum hazards to vehicu-
lar and pedestrian traffic. Pavement widths and strengths of both
internal and external roads shall be adequate to accommodate projected
traffic generated from the district.
Primary access shall be provided from roads of adequate available
capacity to accommodate projected traffic. Vehicular access from
minor streets through residential neighborhoods shall be generally
discouraged and where permitted shall be primarily for the convenience
of residential areas served directly by such roads and not for general
public access. (Amended 9-9-92)
-155- (Supp. #68, 9-9-92)
',TTACHMENT F I
~age 101
25.4.2
25.4.3
25.5
25.6
ORIENTATION
Uses, structures and parking areas shall be oriented toward
primary access points and away from adjoining residential
districts.
SCREENING (Deleted 7-10-85)
SITE PLanNING INTERNAL RELATIONSHIPS
Buildings shall be arranged in a fashion to encourage
pedestrian access of customers and minimize internal
automotive movement. Facilities and access routes for
deliveries, service and maintenance shall be separated,
where practical, from customer access routes and parking
areas.
ADDITIONAL REQUIREMENTS
In addition to requirements contained herein, the require-
ments of sections 8.0 and 21.0 shall apply to all PD-SC
districts. In addition to materials required by section
8.5.1, a transportation analyszs plan shall be submitted
with the application for PD-SC designation. Such plan sh~ll
show: projected automobile and truck traffic generation;
-internal and access point turning movement; percentage
estimate of traffic distribution to and from the site on
external roads; proposed improvements ~o the existing
transportation network.
-156- (Supp. ~27, 7-10-85)
DAVID R. GEHR
COMMISSIONER
COMMON'WEALTH of ViRG [N A
DEPARTMENT OF TRANSPORTATION
701 VDOT WAY
CHARLOTTESVILLE. 22911
IATTACHMENT G I
A. G. TUCKER
RESIDEN"[ ENGINEER
February 29, 1996
Cathcart Rezoning
ZFLA-95-21, Rt. 742
Albemarle County
Mr. Ron Keeler
Dept. of Planning &
Community Development
County Office Bldg.
401 McIntire Road
Charlottesville, VA.
22902
Dear Mr. Keeler:
We offer the following comments with respect to the Traffic Impacu Study/Avon
Street Retail Development submitted for our review on February 16, 1996 and the
above referenced rezoning:
The following improvements on Rouue 742 are required.
A minimum 200' x 200' left turn lane SB into the proposed connecuor
road. Warrants for dual left turn lanes are close to being met,
therefore in order to accommodate left turn capacity in a single left
turn lane the lengths should be maximized along the Avon Street
frontage.
A minimum 200' x 200' right turn lane NB into the proposed connector
road.
2)
Dual left turn lanes will be required au ultimate buildout into the
eastern entrance of the North parcel due uo the close proximity of Avon
Street. The second left turn lane can only work in conjunction with a
traffic signal, therefore phase construction may be acceptable. All
length of left turn lanes on the proposed connector road at this
intersection should be maximized. A raised median is required on the
proposed connector road between Avon Street and the eastern access.
A minimum 200' x 200' left turn lane ~s required on the proposed connector
road for turns to SB Route 742.
(Please see attached sketch for proposed typical section concepu of
connector road at Avon Street.
TRANSPORTATION FOR THE 21ST CENTURY
Page 2
February 29, 1996
Mr. Ron Keeler
Cathcart Rezon~ng
A signal warrann analysis mus~ be conducted by the developer at the Route
742/Connector Road intersection and the east ensrances to the North and
South parcels. At such ~ime a signal is warranted, the developer will
need 5o submit signal plans for review prior to installation at their
expense.
4) Right in/right ouu access inso North and South parcels should be located
approximately 200' east (minimum) of the Route 742 intersection.
We are requesting that all improvemenus necessitated by this developmen~ be
coordinated as closely as possible with plans for the proposed connector road.
While not pertalning to this rezoning specifically, we offer the following
~omments. Pavement design for the proposed connecuor road will be reviewed after
final acceptance of revised uraffic figures, if presented.
If you have any questions or concerns regarding these ma55ers, please discuss
with this office prior uo sharing with the developer.
Sincerely,
H. W. Mills
Assistant Resident Engineer
HWM/ldw
Attachment
cc: Irma vonKutzleben
C
]]
I~,TTACHMENT G I
IPage 31
0
To:
From:
Re:
Date:
Memorandum
Forrest Marshall and the Albemarle County Board of Supervisors
Dr. David E. M 'arfi~/~
125 Mill Creek Dr.t,q~
Charlottesville. VA 22902
Proposed Rezoning and Development on Avon St.
May 8, 1996
Ladies and Gentlemen of the Board.
I rise this evening m express my support for the proposal presented by Cathcart Properties and
Denico m rezone the property located on SR 742 across from the Mill Creek subdivision. The
zoning to Public Development - Shopping Center is welcome by me, my family and many of the
residents of the Mill Creek subdivision.
I would like to preface my comments this evening With a bit of history. My wife and I moved
from central Indiana exactly 4 years ago. When I came to the University of Virginia for my job
interview in the Spring of 1992, we spent two days driving around the County looking for the place
that. when fmances permitted, we would like to call home. About 4:30 in the afternoon, we drove
down Avon St. and pulled off in the Mill Creek Subdivision. The sun was setting across the
mountains to the west and was breaking through the clouds casting a beautiful hue across the
neighborhood. We sat at the top of the hill and watched the sunset and concluded that. if we could
ever buy a house here, it would be inMill .Creek. After three years of apamnent living in the
count),, we found the house we wanted and moved in.
We decided to move into this beautiful community for several reasons:
1. The area had great asthetic value
2. It was close to the University Hospital where my wife and I would work
3. Several friends highly recommended the area schools
4. It was close enough to town m be accessible but far enoue~ away to be ~'in the country"
5. The development in the area was well planned and was not disrupting much of the natural
beauty
We have been quite pleased with our decision to become members of the community and I
currently serve as Vice-President of the Mill Creek Homeowners' Association Board.
Rip Cathcart has presented his plan for rezoning and development at several meetings where
homeowners of the Mill Creek community have been able to express their comments regarding
this proposal. On behalf of his partner. Denise LeCour. he has offered an on-going commitment
to be sensitive to the needs of the community. These meetings have not been without opposition.
Some individuals legitimately expressed concern that any development across Avon St. may
increase traffic, light and noise in our area~ All of these points are correct. However. with the
development of the County High School. increasing development and its sequelae are a given. It is
therefore in the community's interest to assert some voice on the type, not the existance of
development. As the Homeowners' Association Board stated in their recent letter of support.
"It is the feeling of the Mill Creek Homeowners' Association Board that since it is inevitable that a
shopping center will be built in this location eventually, Mill Creek homeowners would prefer m
see it built by someone with a commitment to the neighborhood and a proven track record in
building high quality projects."
The community is less opposed to development as the), are to development which destroys the
quality of life in the area. It is for this reason that I support the petition this evening. Cathcan
Properties and Denico have already shown a sensitivity to the areas needs with their work on
Lakeside. Building style, colors, lighting, and landscaping are all done with the asthetic needs of
the community in mind. Light scatter, one of the primary concerns of the area residents, is
minimal and affects the night sky only during heavy overcast {when most of us aren't looking at
the stars anyhow). Rip has assured the Mill Creek homeowners that the same environmental
sensitivity will be used in the proposed shopping center development. He and I have had several
discussions about modeling the proposed development after successful community shopping
centers in other Virginia and North Carolina towns. He has communicated a desire to use the best
possible plans to limit the environmental footprint made by this development.
The area under consideration tonight is presentiy filled with small pines and some hardwood.
During storms the trees, which would need to be removed for this development, are falling down
at the will of the wind. A loss of this vegetation is not the toss of virgin forest. Landscaping in the
development can be placed so that more hearty vegetative buffers and plantings can replace the
current scmb.
In conclusion. I would like to suggest to you that this proposal is one that is not like the proposals
this board has recentiy mined down. This proposal doesn't add redundancy to the area. On the
contrary, it brings commumty services to an area whose residents now add to the traffic downtown
as they must cross town to find the services proposed in this plan. Rip has committed to involving
the community to be responsive to the needs and wishes of the area - this will be an interactive
community process.
I encourage each of you to give thoughtful consideration to this proposal and I encourage you to
approve the rezoning petition and work with Cathcart Properties, Denico and the Avon St.
extended communities to thoughtfully develop the parcel considered tonight. Thank you for your
time and consideration.
04/03/96 08:48 ~SO4 924 ~4Sl L~'A DIU OF NRSG ~001
Board of Supervisors
ATT: Charlotte Hump?a~ Chammm
FAX 296-~800
Dear .Ms. Humphris:
I live in a Village Home at the top part of Mill Creek, across the s~reet from where
the proposed shopping center would go. ! am writing to implore you and the other
Supermsors to please not agree to this. The last lime it was puc before you, i~ was put
down as not being a good m/x for the community Nothing bas changed and it still would
not be a good match.
I am 53 years old, a single mother, and have no sa,Angs. The only money ! have is
in my home there. I know that a shopping center a~ross the street would considerably
bring down the selling value of my home. I've only been there two years so it would not
be financially feasible for me to sell at this time. I know that there are quite a few older
people living in the area for whom it would also be a hardship to move.
When the new parkway goes through to 5th street, the shopping center there
would probably be witl~ walking distance. Pantops is also only 5-10 minutes drive. I
moved to Mill Creek because it was dose to to~m but gave the appearance of being in the
country. The area is beconfing very congested. We have several subdivisions, a new
apartment complex, a church, an elementary school, and a proposed high school. Already
traffic is becoming quite a lot. People from Scottsv[lle also oat through to Charlottesville.
Please g~'e some thought to what this would do to the homeowners at the top of
the ?~ill who can't escape the close proximity of the proposed shopping center. Thank you
for your time.
Sincerely,
PET~ION OF APPROVAL
We, the undersigned, support the applicant's request to rezone the property located on State Route 742 across from the Mill Creek
entrance to pl~.ned Development-Shopping Center ("PD-SC').
It is our understanding that the applicant has agreed to:
L Comply with the Albemarle County Architectural Review Board's recommendation that a 35' vegetative buffer will be
maintained along State Route 742; and
2. Prohibit development of the following uses on the subject property, which uses are ordinarily allowed under PD-SC zoning:
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
Departmen£ stor~
Furaitur~ and home appliances (sales and service)
Indoor theaters
Automobile, truck repair shop exeinding body shop
Automobile, truck r~pair shop
Building material sales
Factory outlet sales - clothing and fabric
Hotels, motels and inns
Light warehous'mg
Mae3ainery und equipment sales, servica and rental
Mobile home and trailer sales and service
Modular building sales
Motor vehicle sales, service and rental
Sale of major recreational equipment and vehicles
Wholesale distribution
NAME
6. ~ ~l.~. ~~
ADDRESS
TELEg
.2-q5- 95'77
PETITION OF APPROVAL
We, the undersigned, support tho applicant's reque~st to rezone the property located on State Route 74.2 across from the Mill Creek
entrance to Planned Development-Shopping Center
It is our understand!rig that the applicant has agreed to:
1. Comply with the Albemarle County Amhitectural Review Board's recommendation that a 35' vegetative buffer will be
maintained along State Route 742; and
2.. ' Prohibit deyelopfi~ant of the following uses on the subject property, which uses am ordinarily allowed under PD-$C zoning:
A/ Department store
B.Furniture. and homo appliances (sales and service)
Indoor theaters
D.Automobile, truck repair shop eacinding body shop
E.Automobile. truck repair shop
F.Building material sales
G,Facto~ outlet sales ~ clothing and fabric
H.Hotels, motels and inns
I.Light warehousing
J. l~chinea~ ahd equipment sales, service and rental
Mobilo home and trailer sales and ~ervice
L.Modular building sales
M.Motor vehicle sales, service and rental
N,Sale of major recreational equipment and vehicles
O,Wholesale distribution
7o
i0....
PETITION OF APPROVAL
We, the undersigne, d, support the applicant's request to rezone the proper~y locatexi on State Route 742 across from the Mil1 Creak
entrance to Planned Development-Shopping Center ("PD-SC").
It is our understanding that the applicant has agreed to:
1. Comply with the Albemarle County Architectural Review Board's recommendation that a 35' vegetative buffer will be
maintained along State Route 742; and
2. Prohibit development of the following uses on the subject property, which uses are ordinarily allowed under PD-SC zoning:
NAME
B.
C.
D.
E.
F.
G.
II.
L
J.
K.
L.
M.
N.
O.
Department stor~
Furniture and home appliances (sales and service)
Indoor theaters
Automobile, truck repair shop excluding body shop
Automobile, truck repair shop
Building material sales
Factory outlet sales - clothing and fabric
Hotels, motels and inns
Light warehousing
Mach'mery and equipment sales, service and rental
Mobile home and trailes sales and scm/ice
Modular building sales
Motor vehicle sales, service and rental
Sale of major recreational equipment and vehicles
Wholesale distribution
ADDRESS
TELE #
- ,o
PETITION OF APPROVAL
We, the undersigned, support the applicant's request to rezone the property located on State Route 742 across from the Mill Creek
entrance to Planned Development-Shopping Center ("PD-SC").
It is our understanding that the applicant has agreed to:
1. Comply with the Albemarle County Architectural Review Board's recommendation that a 35' vegetative buffer will be
maintained along State Route 742; and
2. Prohibit development of the following uses on the subject property, which uses are ordinarily allowed under PD-SC zoning:
A. Department store
B. Furniture and home appliances (sales and service)
C. Indoor theaters
D. Automobile, truck repair shop excluding hod7 shop
E. Automobile, truck repair shop
F. Building material sales
G. Factory outlet sales - clothing and fabric
H. Hotels, motels and inns
I. Light warehousing
J. Machinery and equipment sales, service and rental
K. Mobile home and trailer sales and service
Modular building sales
M. Motor vehicle sales, service and rental
N. Sale of major recreational equipment and vehicles
O. Wholesale distribution
NAME
ADDRESS
TELE #
.%.
PETITION OF APPROVAL
We, the undersigned, support the applicant's request to rezone the property located on State Route 742 across from the Mill Creek
entrance to Planned Development-Shopping Center I"PD-SC').
It is our understanding that the applicant has agreed to:
1. Comply with the Albemarle County Architectural Review Board's recommendation that a 35' vegetative buffer will be
maintained along State Route 742; and
2. Prohibit development of the following uses on the subject property, which uses are ordinarily allowed under PD-SC zoning:
B.
C.
D.
E.
F.
G.
H.
I.
J.
K,
L.
M.
N.
O.
Department store
Furniture and home appliances (sales and service)
Indoor theaters
Automobile, truck repair shop excluding body shop
Automobile, truck repair shop
Building material sales
Factory outlet sales - clothing and fabric
Hotels, motels and inns
Light warehousing
Mactiinery and eqmpment sales, service and rental
Mobile home and trailer sales and service
Modular building sales
Motor vehicle sales, service and rental
Sale of major recreational equipment and vehicles
Wholesale distribution
NAME ADDRESS TELE #
PETiTION 0ia APPROVAL
We, the undersigned, support the applicant's request to rezone the proper~y located on State Route 742 across from the Mill Creek
entrance to Planned Devek~pment-Shopping Center ("PD-SC").
It is our understanding that the applicant has agreed to:
L Comply with the Albemarle County Architectural Review Board's r~commendation that a 35' vegetative buffer will be
nmintained aI~ng State Route 742; and
J
~. Prohibit develop/hunt of the following uses on the subject property, which t!ses are ordinarily allowed under PD-$C zoning:
C.
D.
E.
F.
G,
H.
NAME
L.
M.
N.
O.
Department store
Furniture and home appliances (sales and service)
Indoor theaters
Automobile, truck repair shop excluding body shop"
Automobile, truck repair shop
Building material sales
Factory outlet sales - clothing and fabrio
Hotels, motels and inns
Light warehousing
Machinery a~nd equipment sales, service and rental
Mobile home and trailer sales and ~ervice
Modular building sales
Motor vehicle sales, service and rental
Sale of major recreational equtpment and vehicles
Wholesale distribution
4.
5.
6.
7.
*NOTE:
Body shops Will also
be excluded as they
are not permitted
in this zoning type
anyway.
ADDRESS
TELE t
10.
11.
PETITION OF APPROVAL
We, the undersigned, support the applicant's request to rezone tho property located on State Route 742 across from the Mill Creek
entrance to Plamaed Devolo'pment-Shoppinlg Center ("PD-SC").
It is our understanding that the applicant has age. ed to:
I. Comply with the Albemarle County Architectural Review Board's recommendation that a 35' vegetative buffer will be
maintained along State Route 742; and
.2. : Prohibit develop/nent of the folloxving ases on the subject property which uses are ordinarily allowed under PD-SC zoning:
2.
3.
4.
A~'
B.
C.
D.
E.
F.
G.
H.
NAI~ E.
J.
K.
L.
M.
N.
O.
i)epartment store
Furniture and home appliances (sales and service)
Indoor theaters
Aut6mobile, track repair shop excluding body shop"
Automobile, truck repair shop
Building material sales
Factory outIet sales - clothing and fabric
Hotels, motels and inns
Light warehousing
Machinery ahd equipment sales, service and rental
Mobile home and trailer sales and ~ervice
Modular building sales
Motor vela/de sales, service sad rental
Sale of major recreational eq~ipmant and vehicles
Wholesale distribution
*NOTE:
ADDRESS
Body shops will also
be excluded as they
are not permitted
in this zoning type
anyway.
TELE~
9.
10.
I1.
PETITION OF APPROVAL
We, the undersigned, support the applicant's request to rezone the property located on State Route 742 across from the Mill Creek
entrance to Planned Development-Shopping Center ("PD-SC").
It is our understand!ng that the applicant has agreed to:
1. Comply with the Albemarle County Architectural Review Board's recommendation that a 35' vegetative buffer will be
maintained along State Route 742; and
2.. '. Prohibit develop/neat of the following uses on the subject property, which USes are ordinarily allowed under PD-SC zoning:
A~
C.
D.
E.
F.
G.
H.
J.
K.
L.
M.
N.
O.
bepartment store
Furniture. tad home appliances (sales and service)
Indoor theaters
Aut6mo~ile, truck repair shop excluding body shop"
Automobile, truck repair shop
Building material sales
Factory outlet sales - clothing and fabric
Hotels, motels and inns
Light warehousing
Machinery ahd equipment sales, service and rental
Mobile home and trailer sales and service
Modular building sales
Motor vehicle sales, service and rental
Sale of major recreational equipment and vehicles
Wholesale distribution
*NOTE:
Body shops will also
be excluded as they
are not permitted
in this zoning type
anyway.
NAME ADDRESS. TELE #
10.
11.
PErlTION OF APPROVAL
We, the undersigned, support the applicant's request to rezone the property located on State Route 742 across from the Mill Creek
entrance to Planned Devel6pment-Shopping Center ("PD-SC").
It is our understanding that the applicant has agreed to:
L. Comply with tho Albemarle County Architectural Review Board's recommendation that a 35' vegetative buffer will be
maintained along State Route 742; and
: Prohibit develop/neat of the following uses on the subject property, which uses are ordinarily allowed under PD-$C zoning:
A.' ~)epartment store
B... Furniture and home appliances (sales and service)
C. Indoor th~atess
D. Aut6mo~ile, truck repair shop excluding body shop" *
E. Automobile, truck repair shop
F. Building material sales *NOTE: Body shops '~± 3.]. al. so
G. Factory outletsales-clothingandfabric be excluded as ghey
ti. Hotels, motels and inns are nog perrai'c'ced
I. Lightwarohousing ~-n gh±s zoning ~:ype
J. Machinery ahd equipment sales, service and rental anyway.
K. Mobile home and trailer sales and ~rvice
L. Modula~ building sales
M. Motor vehicle sales, service and reatal
N. Sale of major recreational equipment and vehicles
O. Wholesale distribution
NAME ADDRES~ TELE #
2.
3.
4.
PETITION OF APPROVAL
We, the undersigned, support the applicant's request to rezone the proper~y located on State Route 742 across from the Mill Creek
entrance to Planned Development-Shopping Center ("PD-SC'~).
It is our understanding that the applicant has a~esd to:
1. Comply with the Albemarle County Architectural Review Board's recommendation that a 35' vegetative buffer will be
maintained along State Route 742; and
2. Prohibit development of the following~ses on the subject property, which uses are ordinarily allowed under PD-SC zoning:
B.
C.
D.
E.
F.
G.
II.
I.
$.
L.
M.
N.
O.
Department store
Furniture and home appllane~s (sales and service)
Indoor theaters
Automobile, truck repair shop excluding body shop
Automobile, truck repair shop
Building material sales
Factory outlet sales - etoth/n~ and fabric
Hotels, motels and inns
Light warehousing
Maeh~ery and equipment sales, service and rental
Mobile home and trailer sales and service
Modular building sa~es
Motor vehicle sales, service and rental
Sale of major recreational e~ipment and vehicles
Wholesale distribution
ADDRESS
TELE #
PETITION OF/~PROVAL
We the undersized, support the applicaut's
:r',~ce to Plann~ Dcvelopmemt-$hoppml~ Center (
It is ouc undcrstandlng that the applice, nt has sgre~d m:
i. Comply with the Albemarle County Architectural Review Board's re~ommendatlon that a
iintained elint S~te Retire 74~1 ~d
~ P~hibi[ de, elephant o~ the fo~o~ing ~ on the subj~c property, which ~s~ ,r~ o~inadly allowed under PD-SC zo~ng:
~.' Depa~me~ st~re
. B... Fu~re and hom~ appli~c~s (s~ and
C. I~oor
D. Autdmobile, track repair shop exoludini ~dy shop
E. Automobile. ~ rep~r shop
F. Buil~n~ ~rial sales
G, Facto~ outlet ~ - ~ot~g ~d ~bdc
H. Hotels. mo~ls ~d ~
1. Li~t w~eho~ini
1. Ma~ne~ ~d ~pmen ~cs, ~ice ~d r~ml
~ Mobi~ home and tmil~r ~es ~d
L. Modular build~g ~
M. Motor vehicle s~l~. ae~ice ~d
N. Sale o~ ~jor ~reati~nal equipmen~ ~d vehicles
O, ~o~al~ distribution
PETiTION OF APPROVAL
We, the undersigned, support the applicant's request to rezone ~he property located on State l~oute 742 across from the Mill
entrenee to Planned Development-Shopping Center ('PD-SC').
It is our understand!ng that the applicant has agreed to:
maintained al~ng
Comply with the Albemarle Coun~t Arehitectursl Review Board's recommendation that a 35' vegetative buffer will
State Route 742; and
Prgbibit developfiaent of the following uses on the subject property, which ~ses are ordinarily allowed under PD-SC Zonin~
A~' ~)epartment store
. B.,. Furniture and home appliances (sales and service)
C. ~door th[4atea'~
D. Aut6mobite, truck repair sliop excluding body shop
E. Automobile, tmek mpalr shop
F. Building material ssles
G. Factory outlet.sales - clofi~g and fabric
H. Hotels, motels and inns
I. Lig .bt warehousing ' .~..~
J. Ma~hlnery a~d equipment sales, service and rental ~ ' -~''' "~ '.;'
K. Mobile home and trailer ~es and service ': ? :"~
L. Modular building sales
M. Motor vehicle sales, service and rental . ,. -
N. Sale of major recreational equipment and vehicles
O. Wholesale distribution
ADDRESS
cv
U'ELE #
PETITION OF APPROVAL
We, the undersigned, support the applicant's request to rezone the property located on State Route 742 across t'rom the Mill Crad
entrance to Planned Dev¢topment-.Shopping Center ('PD-SC').
It is our understanding that the applicant has agreed to:
1. Comply wiih the All~ernarle County Architectural Review B~ard's recommendation £hat a 35' vegetative buffer will I:
maintained al~ng State Route 742; and
'. Prohibit develop/nent Of the following uses on the subject property which uses are ordinarily allowed under PD-$C zoning
NAME
A7 ~oparimcnt store
B... Furniture and home appliances (sales and service)
C~ Indoor ~aters
D. Aut6mobil¢, truck repair shop excluding body shop
E. Automobile, track repair shop
F. Building material sales
G. Factory outlet sales - clothing and fabric
H. Hotels, motels and inns
I. Li~[ht~ wareh,ousing
J. M~chiner7 ~nd equipment sales, service and rental
K. Mobile home and trailer sales and service
L. Modular building sales
3'1. Motor vehicle sales, service and rental
N. Sale of major recreational equipment and vehicles
O. Wholesale distribution
ADDRESS
PETITION OF APPROVAL
W~, the undersigned, support the applicant's request to rezone the property located on State Route 742 across from the Mill Cre~
entrance to Planned Development-Shopping Center (?D-SC"). '
It is our understand!ng that the applicant has agreed to:
I. Comply with the A~bemarle County Architectural Review Board's recommendation that a 35' vegetative buffer w/Il
maintained along State Route 742; and
'. Prohibit develop/neat of the following uses on the ~bject property, which ~ses are ordinarily allowed under PD-SC zoni~
Al'. Department store
. B... Furniture and home appliances (sales and service)
C~ /adoor theaters
D. Aut6mobile, truck rapair chop excluding body shop
P.. Automobile, truck repair chop
F. Building material ~ales
G. Factory outlet.sales - clot~ag and fabric
H. Hotels. motels and inns
L Li~[ht warehousing '
~[. 'Ma'chinery a~.d e~tuipment sales, service and rental
K. Mobile home and trailer ales and service
L. Modular building a~les
M. Motor vehicle sales, service and rental
N. Sale of major raerantiona] equipment and veh/cles
O. Wholesale distribution
NAME
ADDRESS
TELEX'
I
2.
5.
7.
8.
9.
I0.
I1.
PETITION OF APPROVAL
W~, ~he undersigned, support the applicant's request to rezon~ the property located on State Route 742 across from ihe Mill Creel
entrance to Planned Develo~ment-Shopplng Center ("PD-SC').
It is our understand!ng that the applicant has agreed to:
1. Comply with the A!b~marle County Architectural Review Board's recommendation that a 35' vegetative buffer will b
maintained along Stat~ Route 742; and
7. Prghibit devdop/nent of the following uses on the subject property, which uses are ordinsriiy allowed under PD~SC zoaini
C.
D.
E.
F.
O~
/
L.
M.
lq.
O.
i3~partment store
Furniture and hom~ appliances (sales and service),
Indoor theaters
Aut6mo~ile, truck repair shop excluding body shop
Automobile, truck repair shop
Building material sales
Factory outlet aal~ - clothing and fabric
Hotels, motels and inns
Light warehousing
'M~chinery ~nd equipment sales, service and rental
Mobile home and trailer sales and service
Modular building sales
Motor vehicle sales, service and rental
Sale of major r~reational equipment and ~tchict~s
Whole~ale distribution.
ADDRESS
PETITION OF APPROVAL
We, the undersigned, support the applicant's request to rezone the property located on State Route 742 across from the Mill Creek
entrance to Planned Devel6pment-Shopping Center ("PD-SC").
It is our understanding that the applicant has agreed to:
I. Comply with the Albemarle County Architectural Review Board's recommendation that a 35' vegetative buffer will be
maintained along State Route 742; and
2. Prohibit development of the followinguses on the subject property, which uses are ordinarily allowed under PD-SC zoning:
A. Department store
B. Furniture and home appliances (sales and service)
C. Indoor theaters
D. Automobile, truck repair shop excluding body shop
E. Automobile, truck repair shop
F. Building material sales
G. Factory outlet sales - clothing and fabric
H. Hotels, motels and inns
I. Light warehousing
J. Mac~ainery and equipment sales, service and rental
K. Mobile home and trailer sales and service
L. Modular building sales
M. Motor vehicle sales, service and rental
N. Sale of major recreational equipment and vehicles
O. ' Wholesale distribution
NAME
ADDRESS
TELE#
-075'0
9'71 -I el/9"
PETITION OF APPROVAL
We, the undersigned, support the applicant's request to rezone the property located on State Route 7_._42 acros~ from tho Mill Creek
entrance to Pl~'med Devel6pment-Shoppin~ Center ('?D-SC').
It is our understanding that the applicant has agreed to:
1. Comply with the Albemarle County Architectural Review Board's recommendation that a 35' vegetative b[fffer will be
maintained along State Route 742; and
2. Prohibit development of the following uses on the subject property, which uses are ordinarily allowed under PD-SC zoning:
B.
C.
D.
E.
F.
G.
H.
L
J.
L.
M.
N.
O.
Department store
Furniture and home appliances (sales and sewice)
Indoor theaters
Automobile, tmck repair shop excluding body shop
Automobile, truck repair shop
Building material sales
Factory outlet sales - clothing and fabric
Hotels, motels and inns
Light warehousing
Machinery and equipment sales, service and rental
Mobile home and trailer sales and service
Modular building sales
Motor vehicle sales, service and rental
Sale of major recreational equipment and vehicles
Wholesale distribution
PETITION OF APPROVAL
We, the tmderaigned; support the applicant's request to rezone the property located on State Route 742 across from the Mill Crc
entrance to Planned Development-Shopping Center ('PD-SC").
It is our understand!rig that the applicant has agreed to:
L Comply with the A~bemarle Coun~ Architectural Review Board's recommendation that a 35' vegetative buffer will
maintained al~ng State Koute 742; and
$. ~. Prghibit dcvelop/nent of the follovdng uses on the subject prol~rty, which ~ses are ordinarily allowed under PD-SC zonlz
C.
D,
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
NAME.
~)epar/ment store
Furniture and home appliances (sales and service)
Indoor th~ters
Aut6rno~il¢, track repair shop excluding body shop
Automobile, truck repair shop
Building material sales
Factory outlet sales - clothing and fabric
Hotels, motels end inns
Light wsrehouslng '
"M~chinery ~nd equipment sales, service end rental
Mobile home and trailer sales and service
Modular building sales
Motor vehicle sales, sen, ice and rental
Sale of major recreatiooal equipment and vehicles
Wholesale distribution
ADDRESS
TELE'# -
I0.
11.
PETITION OF APPROVAL
We, the undersigned, support the applicant's request to rezone the property located on State Route 742 across from the Mill C. resk
entrance to Planned Development-Shopping Center CPD-SC").
It is our understand!rig that the applicant has agreed to:
1. Comply with the Albemarle County Architectural Review Board's recommendation that a 35' vegetative buffer will be
maintained along State Route 742; and
2.. ~. Prohibit developinent of the following ases on the subject property, which tu.,.,.ses are ordinarily allowed under PD-SC zoning:
A2' Department store
B... Furniture and home appliances (sales and service)
C. Indoor th~ters
D. Aut0mobile, truck repair shop excluding body shop
E. Automobile, track repair shop
F. Building material sales
G. Factory outlet sales - clothing and fabric
It. Hotels, motels and inns
I. Light warehousing
J. Machinery ahd equipment sales, service and rental
K. Mobile home and trailer sales and service
L. Modular building sales
M. Motor vehicle sales, service and rental
N. gale of major recreational equipment and vehicles
O. Wholesale distribution
ADDRESS
TELE #
II
74
9o
10.
11.
PETITION OF APPROVAL
We, the undersigned, support the applicant's request to rezona the property located on State Route 742 across from the Mill Creek
emmnce to Planned Development-Shopping Center ("PD-SC").
It is our understanding that the applicant has agreed to:
1. Comply with the Albemarle County Amhitectural Review Board's recommendation that a 35' vegetative buffer will be
maintained al~ng Stat0 Route 742; and
~ Prohibit development of the following use~ on the subject property, which qses are ordinarily allowed under PD-SC zoning:
A.' Department store
B.,. Furniture and home appliances (sales and service)
C. Indoor theaters
D. Aut6mo[ile, tmek repair shop excluding body shop' *
E. Automobile, truck repair shop
F. Building material sales
G. Factory outlet sales - clothing and fabric
H. Hotels, motels and inns
L Light warehousing
J. Machinery ahd equipment sales, se~vien and rental
K. Mobile home and trailer sales and service
L. Modular building sales
M. Motor vehicle sales, service and rental
N. Sale of major recreational equipment and vehicles
O. Wholesale distribution
*NOTE:
Body shops will also
be excluded as they
are not permitted
in this zoning type
anyway.
NAME
ADDRES. S.
TELE #
10.
11.
PETITION OF APPROVAL
We, the undersigned, support the applicant's request to rezone the property located on State Route 742 across from the Mill Creek
entrance to Planned Development-Shopping Center ("PD-SC").
It is our understanding that the applicant has agreed to:
1. Comply with the Albemarle County Architectural Review Board's recommendation that a 35' vegetative buffer will be
maintained along State Route 742; and
Prohibit develop/nant of the following uses on the subject property, which uses are ordinarily allowed under PD-SC zoning:
A~' Department store
B.,. Furniture. and home appliances (sales and service)
C. Indoor theaters
D. Aut0mobile, truck repair shop excluding body shop" *
E. Automobile, truck repair shop
F. Building material sales *NOTE: Body shops will also
G. Factory outlet sales - clothing and fabric be excluded as they
H. Hotels, motels and inns are no~ permitted
I. Light warehousing in this zoning type
J. Machinery ahd equipment sales, service and rental anyway.
K. Mobile home and trailer sales and service
L. Modular building sales
M. Motor vehicle sales, service sad rental
N. Sale of major recreational equipment and vehicles
O. Wholesale distribution
NAME
ADDRESS
i0.
11.
PETITION OF APPROVAL
We, [he undersigned, support the applicant's r~luest to rezone the property located on State Route 742 across from the Mill Creek
entrance to Planned Development-Shopping Center ("PD-SC').
It is our understand!rig that the applicant has agreed to:
1. Comply with the Albemarle County Architectural Review Board's recommendation that a 35' vegetative buffer will be
maintained along State Route 742; and
Prohibit develop/nent of the following uses on the subject property, which uses are ordinarily allowed under PD-SC zoning:
A2' bepartment store
B... Furniture and home appliances (sales and service)
C. Indoor theaters
D. Aut6mobil¢, truck repair shop excluding body shop' *
E. Automobile, truck repair shop
F. Building material sales *NOTE: Body shops will also
G, Factory outlet sales - ¢lothingand fabric be excluded as they
H. Hotels, motels and inns are not; permitt;ed
L Light warehousing in this zoning type
J. Macllincry a~nd equipment sales, service and rental anyway.
IC Mobile home and trailer sales and ~ervice
L. Modular building sales
M. Motor vehicle sales, service and rental
lq. Sale of major recreational eqnipment and vehicles
O. Wholesale distribution
NAME ADDRESS TELE #
10.
11.
PET1T~ON OF APPROVAL
We, ~he undersigned, suppofl: the applicant's request to rezone the property located on State Route 742 across from th~ Mill Creek
entrance to Planned Development-Shopping Center ("PD-SC').
It is our understanding that tho applicant has agread to:
1. , Comply with the Albemarle County Aml~itectural Review Board's recommendation that a 35' vegetative buffer will be
maintained along State Route 742; and
2,. ~ Prohibit developinent of tho following uses on the subject property, which t~ses are ordinarily allowed under PD-$C zoning:
C.
D.
E.
F.
G.
H.
L
K.
L.
M.
N.
O.
NAME
Depertmant store
Furniture and home appliances {des and service)
Indoor th~aturs
Aut6mohile, truck repair shop ~cluding body shop
Automobile, truck repair shop
Building material salem
Factory outlet sules - clotMng a~t fshdc
Hotels, motels and inns
Light warehousing
Machinery ~nd extuipment sales, service and rental
Mobile home and trailer sales and ~ervien
Modula~ building sales
Motor vehicle sales, service and rental
Sale of major recreational equilanent and vehicles
Wholesale distribution
ADDRESS
TELE #
10.
ii.
-
c 77-q7%7
2-93
PETITION OF APPROVAL
We, the undemigned, support the applicant's request to rezone the property located on State Route 742 across from the Mill Creek
entrance to Planned Development-Shopping Center ("PD-SC').
It is our understanding that the applicant has agreed to:
L Comply with the Albemarle County Architectural Review Board's recommendation that a 35' vegetative buffer will be
maintained along State Route 742; and
2. Prohibit development of the following uses on the subject proper~y, which uses are otdinarily allowed under PD-SC zoning:
Ao
B.
C.
D.
E.
F.
G.
H.
L
J.
K.
L.
M.
N.
O.
Department store
Furniture and home appliances (sales and service)
hadoor theaters
Automobile, truck repair shop excluding body shoF
Automobile, truck repair shop
Building material sales ~
Factory outlet sales - clothing and fabric
Hotels, motels and inns ~
Light warehousing
Mac]ainery and equipment sales, service and rental
Mobile home and trailer sales and service ~.~
Modular building sales ~
Motor vehicle sales, service and rental
Sale of major recreational equipment and vehicles
Wholesale distribution
NAME
ADDRESS
TELE #
PETITION OF APPROVAL
We, the undersigned, support the applicant's request to rezone ~he proper~y located on State Route '742 across from the Mill Creek
entrance to Planned DevelOpment-Shopping Center ("PD.,gC").
It is our understand!ng that the applicant has agreed to:
L Comply with the Albemarle County Architectural Review Board's recommendation that a 35' vegetative buffer will bo
maintained along State Route 742; and
_2. ~. Prohibit development of the following uses on the subject property, which uses are ordinarily allowed under PD-SC zoning:
A.' Department store
B... Furniture and home appliances (sales and service)
C. Indoor th~;.atera
D. Aut6mobile, truck repair shop excluding body shop'
E. Automobile, truck repair shop
F. Building material sales
G. Factory outlet sales - clothing and fabric
H. Hotels, motels and inns
I. Light warehousing
J. Machinery ahd equipment sal~s, service and rental
K. Mobile home and trailer sales end ~ervice
L. Modular building sales
M. Motor vehicle.sales, service and rental
N. Sale of major recreational eq~ipmant and vehicles
O. Wholesale distribution
*NOTE:
Body shops will also
be excluded as they
are not permitted
in this zoning type
anyway.
NAM'E
ADDRESS TELE #
-
10.
11.
PETITION OF APPROVAL
We, the undersigned, support the applicant's request to rezone the property located on State Route 742 across from the Mill Creek
entrance to Planned Development-Shopping Center ("PD-SC").
It is our understanding that the applicant has agreed to:
1. . Comply with the Albemarle County Architectural Review Board's recommendation that a 35' vegetative buffer will be
maintained along State Route 742; and
2.. ". Prohibit developinent of the following uses on the subject property, which rises are ordinar/ly allowed under PD-SC zoning:
C.
D.
E.
F.
G.
H.
L
J.
L.
M.
N.
O.
NA~E
bepartment store
Furniture and homo applianc~ (sales and service)
Indoor .theaters
Autbmobile, truck repair shop excluding body shop
Automobile, truck repair shop
Building material sules
Factory outlet sales - clothing and fabr/c
Hotels, motels and inns
Light warehousing
Machinery ~nd equipment sales, service and rental
Mobile home and trailer sale~ and service
Modular building sulea
Motor vehicle sales, servi¢~ and rental
Sale of major r~ereationat equipment and vehicles
Wholesale distribution
ADDRES~ TELE#
10.
11.
PETITION OF APPROVAL
We, the undersigned, support the applicant's request to rezone the property located on State Route 742 across from the Mill Creek
entrance to Planned Development-Shopping Center ("PD-$C").
It is our understanding that the applicant has agreed to:
I. Comply with the Albemarle County A~hitectural Review Board's recommendation that a 35' vegetative buffer will be
maintained along State Route 742; and
2. Prohibit development of the following us~s on the subject property, which uses are ordinarily allowed under PD-SC zoning:
A4
B.
C.
D.
E.
F.
G.
H.
L
J.
L.
M.
N.
O.
Department store
Fun'dture and home appliances {sales and service)
Indoor theaters
Automobile, truck repair shop excluding body shop
Automobile, truck repair shop
Building material sales
Factory outlet sales - clothing and fabric
Hotels, motels and inns
Ligh~t warehousing
Machinery and equipment salea, service and rental
Mobile home and trailer sales ami service
Modular building sales
Motor vehicle sales, service ~ rental
Sale of major recreational equipment and vehicles
Wholesale distribution
NAME
ADDRESS
TELE #
¢77'
PETITION OF APPROVAL
We, the undersigned, support the applicant's request to rezone the property located on State Route 742 across from the Mill Creek
entrance to Planned Development-Shopping Center ("PD-SC').
It is our understanding Ihat the applicant has agreed to:
1. Comply with the Albemarle County Architectural Review Board's recommendation that a 35' vegetative buffer will be
maintained along State Route 742; and
Prohibit development of the following uses on the subject property, which uses are ordinarily allowed under PD-SC zoning:
Ao
B.
C.
D.
E.
F.
G.
H.
I.
K.
L.
M.
N.
O.
Departraent store
Furniture and home appliances (sales and service)
Indoor theaters
Automobile, truck repair shop excluding body shop
Automobile, truck repair shop
Building material sales
Factory outlet sales - clothing and fabric
Hotels, motels and inns
Light warehousing .
Mae~alnery and equipment sales, service and rental
Mobile home and trailer sales and sarviee
Modular building sales
Motor vehicle sales, service and rental
Sale of major recreational equipment and vehicles
Wholesale distribution
NAME
ADDRESS
TELE#
10.
11,
PETITION OF APPROVAL
We, the undersigned, support the applicant's request to rezone the property located on State Route 742 across from the Mill Creek
entrance to Planned Devclo'pment.-Shopping Center ("PD-SC").
It is our understanding that the applicant has agreed to:
maintainedL along ComplYstate RouteWith742;the andAlbemarle County Amhitectural Review Board's recommendation that a 35' vegetative buffer will bo
Prohibit developineat of the folloxving uses on the subject property, which uses are ordinarily allowed under PD-$C zoning:
~)epartment store
Furniture and home appliances (sales and service)
Indoor .t.h~aters
Automobile, truck repair shop excluding body shop
Automobile, truck repair shop
Building material sales
Factory outlet sales - clothing and fabric
Hotels, motels and inns
Light warehousing
Machinery ahd equipment sales, service and rental
Mobile home and trailer sales and iervice
Modular building sales
Motor vehicle sales, service and rental
Sale of major recreational equipment and vehicles
Wholesal~ distribution
Co
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
NAME
ADDRESS
TELE #
10.
11.
PET1TION OF APPROVAL
We, the underal~ned, support the applicant's request to rezone the proper:y located on State Route ?42 across from the Mill Creek
entrance to Planned Develo'pment-Shopping Center ("PD-SC").
It is our understanding that the applicant has agreed to:
i. Comply with the Albemarle County Architectural Review Board's recommendation that a 35' vegetative buffer will be
maintained along State Route 742; and
2,. ; Prohibit developinent of the follo~ving uses on the subject property, which ~ses are ordinarily allowed under PD-SC zoning:
A.' Department store
Furniture and home appliances (sales and service)
C. Indoor thliaters
D. Aut6mobile, truck repair shop excluding body shop" *
E. Automobile, truck repair shop
F. Building mater/al sales
G. FacWry outlet sales - clothing and fabric
H. Hotels, motels and inns
I. Light warehousing
J. Machinery ahd equipment sales, service and rental
K. Mobile home and trailer sales and ~ervice
L. Modular building sales
M. Motor vehicle sales, service and rental
N. Sale of major recreational equipment and vehicles
O. Wholesale distribution
NAME ADDRESS
*NOTE:
Body shops will also
be excluded as they
are not permitted
in this zoning type
anyway.
TELE #
5.
6.
7.
10.
11.
PETITION OF APPROVAL
We, the undersigned, support the applicant's r~luest to rezone the property located on State Route 742 across from the Mill Creek
entrance to Planned Development-Shopping Center ("PD-SC").
It is our understanding that tho applicant has agtecd to:
1. Comply with the Albemarle County Architectural Review Board's recommendation that a 35' vegetative buffer will be
maintained al~ng State Route 742; and
$. ~. Prohibit development of the following asea un the subject property, which ~$es are ordinarily allowed under PD-SC zoning:
NAME
C.
D.
E.
F.
G.
H.
I.
J.
Ii.
L.
M.
N.
O.
Department store
Furniture and home appliances (sales and service)
Indoor theaters
Automobile, truck repair sho~ excluding body shop
Automobile, track repair shop
Building material sales
Factory outlet sales - clothing and fabric
Hotels, motels and inns
Light warehousing
Machinery ahd equipment sales, service and rental
Mobile homo and trailer sale~ and ~ervien
Modular building sales
Motor vehicle sales, service and rental
Sale of major recreational equipment and vehicles
Wholesale distribution
ADDRESS.
*NOTE:
Body shops will also
be excluded as they
are not permitted
in this zoning type
anyway.
TELE #
3.
10.
11.
PETITION OF APPROVAL
We, the undersigned, support the applicant's request to rezone the property located on State Route 742 across from the Mill Creek
entrance to Planned Development-Shopping Center ["PD-sc').
It is our understanding that the applicant has agreed to:
1. Comply with tho Albemarle County Architectural Review Board's recommendation that a 35' vegetative buffer will be
maintained along State P, out¢ 742; and
2. : Prohibit development of the following uses on the subject property, which gses are ordinarily allowed under PD-SC zoning:
A.' Department store
B.. Fum/tore.~nd home appliances (sales and service)
C. Indoor theaters
D. Aut6mo~ile, truck repair shop excluding body shop' *
E. Automobile, truck repair shop
F. Building material sales
G. Factory outlet sales - clothing and fabric
H. Hotels, motels and inns
I. Light warehousing
J. Machinery dnd equipment sales, servic~ and rental
K. Mobile home and trailer sal~ and ~ervice
L. Modular building sales
M. Motor vehicle sales, service and rental
N. Sale of major recreational equipment and vehicles
O,
Wholesale distribution
NAME
*NOTE:
Body shops will also
be excludsd as they
are not permitted
in this zoning type
anyway.
ADDRESS
TELE~
t
10.
11.
PETITION OF APPROVAL
We, the undersigned, support the applicant's request to rezone the property located on State Route 742 across from the Mill Creek
entrance to Planned Development-Shopping Center ("PD-Sc").
It is our understanding that the applicant has agreed to:
1. . Comply with the Albemarle County Architectural Review Board's recommendation that a. 35' vegetative buffer will be
maintained along State Route 742; and
2.. ~. Prohibit develop/nent of the following uses on the subject property, which ~ses are ordinarily allowed under PD-$C zoning:
A2' Department store
B.., Furniture and home appliances (sales and service)
C. Indoor :h~aters
D. Aut6mobile, track repair shop excluding body shop" *
E. Automobile, truck repair shop
F. Building material sales
G. Factory outlet sales - clothing and fabric
H. Hotels, motels and inns
I. Light warehousing
J. Machinery ahd equipment sales, service and rental
K. Mobile home and trailer sales and ~ervice
L. Modular building sales
M. Motor vehicle sales, service and rental
N. Sale of major recreational equipment and vehicles
0. Wholesale distribution
NAME ADDRESS
*NOTE:
Body shops will also
be excluded as bhey
are not permitted
in this zoning type
anyway.
TELE #
11.
PETITION OF APPROVAL
We, tho undersigned, support the applicant's request to rezone the property located on State Route 742 across from the Mill Creek
entrance to Planned Develdpment-Shopping Center ("PD-SC").
It is our understanding that the applicant has agreed to:
1. Comply with the Albemarle County Architectural Review Board's recommendation that a 35' vegetative buffer will be
maintained along State Route 742; and
2.. ~ Prohibit develop~ant .of the following uses on the subject property, which t~ses are ordinarily allowed under PD-$C zoning:
NAME
Department store
B,. Furniture and home appliances (sales and service)
C. Indoor ~aters
D. Aut6mobile, track repair sh~p excluding body shop" *
E, Automobile, truck repair shop
F. Building material aales *NOTE: Body shops will also
G. Factory outlet sales - clothiag and fabric be excluded as %hey
H. Hotels, motels and inns are not permi%ted
I. Lightwamhonsing in this zoning type
j. Machinery a~d equipment sales, service and rental anyway.
K. Mobile home and tmi~er sa]~ and ~rvice
L. Modular building sales
M. Motor vehicle sales, service and rental
N. Sale of major r~reationa! e~ipment and vehicles
O. Wholesale distribution
ADDRESS.
TELE #
I0.
II.
PETITION OF APPROVAL
We, the undersigned, support the applicant's nxluest to rezone Ihe property located on Slate Route '742 across from the l~lill Creek
entrance to Planned Development-Shopping Center (?D-SC').
It is our understand!ng that the applicant has agreed to:
i. Comply with the Albemarle County Arehiteetursl Review Board's recommendation that a 35' vegetative buffer will be
maintained al~ng State Route 742; and
: Prohibit development of the following uses on the subject property, which uses are ordinarily allowed under PD-SC zoning:
C.
D.
E.
F.
G.
H.
NAME
K.
L.
M.
N.
O.
bepartment store
Fumitare and home appliances (sales and service)
Indoor theaters
Aut6moi~iIe, truck repair shop excluding body shop" *
Automobile, truck repair shop
Building material sales
Factory outlet sales - clothing and fabric
Hotels, motels and inns
Light warehousing
Machinery a~nd equipment sales, sarviee and rental
Mobile home and trailer sales and ~ervice
Modular building sales
Motor vehicle.sales, settee and rental
Sale of major recreational equipment and vehicles
Wholesale distribution
*NOTE:
Body shops will also
be excluded as they
are not permitted
in this zonin9 type
anyway.
ADDRESS
TELE #
q q l_gTCl6
ct7q- 3271
I0.
11.
PETITION OF APPROVAL
We, the undersigned, support the applicant's request to rezone lhe property located on State Route ?42 across from the Mill Creek
entrance to Planned Development-Shopping Center ("PD-SC").
It is our understanding that the applicant has ag~ed to:
1. . Comply with the Albemarle County Amhitectuml Review Board's recommendation that a 35' vegetative buffer will be
maintained along State Route 742; and
'~ Prohibit develop/neat of the folloxving uses on the subject property, which qses are ordinarily allowed under PD-SC zoning:
NAME
A~' Department store
B... Furniture and home appliance~ (~ales and service)
C. Indoor theaters
D. Aut6mobile, track repair shop excluding body shop' *
E. Automobile, truck repair shop
F. Building mateHal sales *NOTE: Body shops will also
G. Factory outlet sales - clothing and fabrie be excluded as they
H. Hotels, motels and inns are not permitted
I. Light warehousing in this zoning type
J. Machinery ~nd equipment sal~, service and rental anyway.
K. Mobile home and trailer sales and ~ervice
L. Modular building sales
M. Motor vehicle sales, service and rental
N. Sale of major recreational equipment and vehicles
O. Wholesale distribution
ADDRESS TELE #
j
lz yal
PETITION OF APPROVAL
We, the undersigned, support the applicant's request to rezone the property located on State Route 742 across from the Mill Creek
entrance to Plann~ Development-Shopping Center ("PD-SC").
It is our understanding that the applicant has agreed to:
i. Comply with the Albemarle County Amhiteetural Review Board's recornm~edation h~at a 35' vegetative buffer will be
maintained along State Route 742; and
2.. : Prohibit development of the follo~'ing ases on the subject property, which uses are ordinarily allowed under PD-SC zoning:
C.
D.
E.
F.
G.
H.
I.
K.
L.
M.
N.
O.
NAME
bepartmant store
Furniture and home appliances (sales and service)
Indoor theaters
Aut6mohile, truck repnir shop excluding body shop" *
Automobile, t_mck repair shop
Building material sales
Factory outlet sales - clothing and fabric
Hotels, motels and inns
Light warehousing
Machinery ahd equipment sales, se?ice and rental
Mobile home and ~railer sales and s~rvice
Modular building sales
Motor vehicle sales, service and rental
Sale of major recreational equipment and vehicles
Wholesale distribution
ADDRESS
*NOTE:
Body shops will also
be excluded as they
are not permitted
in this zoning type
anyway.
TELE ff
,, i
PETITION OF APPROVAL
We, the undersigned, support the applicant's w. quest to r~one the property located on State Route 742 across from the Mill Creek
entrance to Plauned Develo'pment-Shopping Center ("PD-SC").
It is our understanding that the applicant has agreed to:
1. Comply with the Albemarle County Arehitecteral Review Board's recommendation that a 35' vegetative buffer will be
maintained along State Route 742; and
Prohibit development of the follo~ving uses on the subject property, which ~!ses are ordinarily allowed under PD-SC zoning:
A.' ~)epartment store
B... Furniture.~nd home apPliances (sales and service)
C. Indoor theaters
D. Aut6mo~ite, treek repair shop excluding body shop' *
Iii. Automobile, track repair shop
F. Building material sales
G. Factory outlet sales - clothing and fabric
H. Hotels, motels and inns
I. Light warehousing
J. Machinery dud equipment sales, service and rental
K. Mobile home and trailer sales and ~ervice
L. Modular building sales
M, Motor vehicle sales, service and rental
N. Sale of major recreational equipment and vehicles
O. Wholesale distribution
NAME
:3.
*NOTE:
Body shops will also
be excluded as they
are not permitted
in this zoning type
anyway.
ADDRESS
TELE #
10.
11.
PETITION OF APPROVAL
We, the undersigned, support the applicant's request to rezone the property located on State Route 742 across from the Mill Creek
entrance to Planned Devaldpment-Shopping Center
It is our understand!rig that the applicant has agreed to:
L Comply with the Albemarle County Architectural Review Board's recommendation that a 35' vegetative buffer will be
maintained aIsng State Route 742; and
2.. : Prohibit development of the following uses on the subject property, which uses are ordinarily allowed under PD-SC zoning:
A~' Department store
B... Furniture and home appliances (sales and service)
C. Indoor theaters
D. Aut6mobile, track repair shop excluding body shop"
Iii. Automobile, track repair shop
F. Building material sales
G. Factory outlet sales - clothing and fabric
H. Hotels, motels and inns
I. Light warehousing
J. Machinery ~ad equipment sales, service and rental
K. Mobile home and trailer sal~s and ~ervice
L. Modular building sales
M. Motor vehicle sales, ~rvico and rental
N. Sale of major recreational equipment and vehicles
O. Wholesale distribution
*NOTE:
Body shops will also
be excluded as they
are not permitted
in this zoning type
anyway.
NAME
ADDRESS TELE#
146 Blackthorn La. Ch.ville, VA 22903 296-7681
10.
11.
I~ETITION OF APPROVAL
We, the undersigned, support th~ applicant's request to rezone the property located on State Route 742 across from the Mill Creek
entrance to Planned Development-Shopping Center ("PD-SC").
It is our understanding that the applicant has agreed to:
L Comply with the Albemarle County Amhitectural Review Board's recommendation that a 35' vegetative buffer will be
maintained al~ng Sate Route 742; and
$, ". Prohibit development of the following uses on the subject property, which wes am ordinarily allowed under PD-$C zoning:
A;' Department store
B... Furniture and home applianc~ (sales and service)
C. Indoor ~aters
D. Aut6mobile, tack repair shop excluding body shop' *
E. Automobile, tack repair shop
F. Building material sales *NOTE:
G. Factory outlet sales - clothing and fabric
H. Hotels, motels and inns
J.
K.
L.
M.
N.
O.
Light warehousing
Machinery ahd equipment sales, service and renal
Mobile home and trailer sal~ and ~ervice
Modular building sales
Motor vehicle sales, service and rental
Sale of major recreational equipment and vehicles
Whol~ale distribution
Body shops will also
be excluded as they
are not permitted
in this zonin9 type
anyway.
NAME
ADDRESS
TELE #
3.
10.
11.
PETITION OF APPROVAL
We, the undersigned, support the applicant's request to rezone the property located on State Route 742 across from the Mill Creek
entrance to Planned Development-Shopping Center ("PD-SC").
It is our understanding that the applicant has agreed to:
L Comply with the Albemarle County AmhitecturaI Review Board's recommendation that a 35' vegetative buffer will be
maintained aI~)ng State Route 742; and
2.. ~ Prohibit development of the following uses on the subject property, which uses are ordinarily allowed under PD-SC zoning:
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
NAME
Department store
Furniture and home appliances (sales and service)
Indoor theaters
Aut6mobile, truck repair shop excluding body shop' *
Automobile, truck repair shop
Building material .sales
Factory outlet sales - clothing and fabric
Hotels, motels and inns
Light warehousing
Machinery/nd equipment sales, service and rental
Mobile home and trailer sales and service
Modular building sale~
Motor vehicle,sales, service and rental
Sale of major recreational equipment and vehicles
Whole~ale distribution
*NOTE:
Body shops will also
be excluded as they
are not permi%ted
in this zoning type
anyway.
ADDRESS
TELE #
10.
ii.
PETITION'OF APPROVAL
We, the undersigned, support the applicant's request to rezone the property located on State Route 742 acroes from the Mill Creek
entrance to Planned Development-Shopping Center ( D-SC ).
It is our understanding that the applicant has agreed to:
1. Comply with the Albemarle County Architectural Review Board's recommendation that a 35' vegetative buffer will be
maintained along State Route 742; and
..
Prohibit develop/neat of the following uses on the subject property, which ~!ses are ordinarily allowed under PD-SC zoning:
A;' bepartrneat store
B... Furniture and home applienc~s (sales and service)
C. Indoor theaters
D. Aut6moi~ile, truck repair shop excluding body shop"
E.' Autumobile, truck repair shop
F. Building material sales
G. Factory outlet sales - clothing and fabric
H. Hotels, motels and inns
L Light warehousing
J. Machinery rind equipment sales, service end rental
K. Mobile home and trailer sales and service
L. Modufar buiMing sales
M. Motor vehicle sales, service and rental
N. Sale of major recreational equipment and vehicles
O. Wholesale distribution
*NOTE:
Body shops will also
be excluded as they
are not permitted
in this zoning type
anyway.
NAMF, ADDRESS TELE #
7.
8.
9.
I0.
11.
PETITION OF APPROVAL
We, the unde~igned, support the applicant's re4uest to rezone the p~opesty located on State Route 742 across from the Mill Creek
entrance to Planned Development-Shopping Center ('PD-SC").
It is our understanding that the applicant has agreed to:
1. Comply with the Albemarle County Architectural Review Board's recommecdation that a 35' vegetat/ve buffer w/II be
maintained along State Route 742; and
~. Prohibit development of the following ~ on the subject property which ~.3es are ord/nadly allowed under PD-SC zoning:
Department store
C.
D.
E.
F.
G.
H.
L
J.
L.
M.
N.
0.
Fum/ture and home appliances (sales and service)
Indoor theaters
Aut6mobile, truck repair shop excluding body shop"*
Automobile, truck repair shop
Building material ~les
Factory outlet sales - clothing and fabric
Hotels, motels and inns
.Light warehousing
Machinery md equipment sal~s, service and rental
Mobile home and trailer ~ales and serviec
Modular building sales
Motor veMclo sales, servic~ and rental
Sale of major recreational equipment and vehicles
Wholesale distribution
*NOTE:
Body shops will also
be excluded as they
are not permitted
in this zoning type
anyway.
NAME
ADDRESS
TELE#
6.¸
10.
11.
PETITION OF APPROVAL
We, the undersigned, support the a '
pplieant s requ~;t to rezone the property located on grate Route 742 across from the Mill Creek
entrance to Plannext Development-Shopping Center ("PD-SC"),
It is our understanding that lhe applicant has agreed to:
I. . Comply with the Albomarle County Arehitestursl Review Board's recomme, udatioa that a 35' vegetative l~uffer wilI be
maintained along Slate Rout* 742; and
2.. : Prghibit developfia~nt of the following uses on the subject property, which u.~e are ordinarily allowed under PD-SC zoning:
Al' Department stor*
B., Furniture and home aptSliancea (aales and service)
'C. Indoor
D. Autdmobile, ~ugk repair shop excluding body shop
E. Automobile, truck repair shop
F. Building material sales
G, Factor'/outleg sales - clothing and fabri*
H. Hot*Is, motels and inns
L Light warohomsing
J. Machinery a~d equipment sales, service and rental
K. Mobile home and trailer sales and iervice
L. Modular building sales
M. Motor yah/cie :~ales, service and rental
.".:. N. Sale of major recreational equipment and vehicles
'-0. Wholesale distribution
NAME
TELE #
PETITION OF APPROVAL
We, the underslgned, suppor~ the applicant's requ~s~ Io rezone the property located on St~ Rou~e 742 across fromm the Mill Creek
entrance ~o Planned Devd~'pman~-Shopp[ng Center ~"PD-$C"),
It is our undemtanding that the applicant has agrva~d to:
I. Comply with the Albemarlo County Architectural R~view Board's reeoramendatlon ~at a 35' vegeafive buffer will be
maintained along Sate Rou[6 742; ~d
~ Prphibi/dev~op~t of the follo~g us~ on ~a sub~ect property, which ~s are ord~aHly allowed under PD-5C zon~g:
~epa~mant store
Fu~mre..~d hom~ appli~c~ (al~ ~d se~iee)
C. ~door ~te~
D. AutdmoMte, track ~pair ~op ~ctuding body shop
AutomoMl~, track repair shop
F. Building mt~ ~I~
G. Facto~ outl~t sal~ - clotMng ~d
H. Holds, morals ~d i~
L Light wareho~ng
Ma~ne~ ~d ~uip~nt ales, ~iee ~d ren~
K. Mobile home md ~ler ~Ies ~d semico
L. Modular building sties
M. Motor vehicle al~, semtee md ~nml
N. Sale of ~jor ~creational equipment md vehicl~
O. ~ol~ale distribution
NA~ ADD~S ~LE ff
lO.
H.
PETITION OF APPROVAL
We, [he undersigned, support the applicant's request to rezone the properly located on State Route 742 across from the Mill Creek
entrance to Planned Develdpment-Shopping Center ("PD-SC").
It is our understanding [hat [he applicant has agreed to:
1. . Comply with the Albemarle County Architectural Review Board's recommendation that a 35' vegetative buffer will be
maintained along State Route 742; and
2. ". Prohibit developinent of the following uses on the subject property, which USeS are ordinarily allowed under PD-$C zoning:
B.
C.
D.
E.
F.
H.
L
J.
K.
L.
NAME
Department stor~
Furn/ture and home appliansas (sales and service)
Indoor .~aters
Aut6mobile, truck repair shop excluding body shop' *
Automobile, truck repair shop
Building mater/al sales
Factory outlet sales - clo[hing and fabric
Hotels, motels and inns
Light warehousing
Machinery a~d equipment sales, service and rental
Mobile home and trailer sales and ~erviee
Modular building sales
Motor vehicle sales, service and rental
Sale of major recreational e~ipmnnt and vehicles
Wholesale distribution
ADDRESS
*NOTE:
Body shops will also
be excluded as they
are not permitted
in this zoning type
anyway.
TELE #
f
May 8, 1996
C. W. HURT CONTRACTORS,
VIRGINIA LAND COMPANY BUILDING
POST OFFICE BOX 8]47
CHARLOTTESVILLE. VIRGINIA 22906
INC.
AREA CODE 804
TELEPHONE 979,.8181
FAX 296-3510
Ms. Claudia Paine
Senior Planner
COUNTY OF ALBEMARLE
Dept. of planning & Comnnllfity. Development
401 Mclntire Road
Charlottesville, Vkginia 22902-4596
RE: ZMA 95-23 Berkmar Land Trust & First Interstate Charlottesville, LP.
Dear Ms. Paine:
At the planning Commission meeting for Berkmar Land Trust & First Interstate Charlottesville
L.P. on April 23rd, a letter was presented to the Commission t~om l~indsay Schwab the owner of
The Montessori School of Charlottesville. The letter stated that she was the contract purchaser
for Phase One which is adjacent to the above referenced site that is in the rezoning process.
This letter is to acknowledge that as agent for the owners of the propexty in Phase One, there is
currently no signed contract by Mrs. Schwab to purchase this property.
If you have any questions, please do not hesitate to call
Sincerely,
Stephen M. Melton
April 29, 1996
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
40] Mclntire Read
Charlottesville. Virginia 22902-4596
(804) 296-5823
Steve Melton
t 95 Riverbend Drive
Charlottesville, VA 22911
ZMA-95-23 Berkmar Land Trust & First Interstate Charlottesville Ltd, Ptm
Tax Map 45, Parcels 108, 93A1 and 91 (part of)
Dear Mr. Melton:
The Albemarle County Planning Commission, at its meeting on April 23, 1996, 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.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on May 8, 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 scheduled hearing date.
The Planning Commission also approved the modification of Section 21.7.3 to allow grading
within 20 feet of adjacent property as shown on the preliminar~ site plan.
If you should have any questions or comments regarding the above noted action, please do not
hesitate to contact me.
Claudia L. Paine
Senior Planner
CLP/jcf
cc: Ella Carey Amelia McCulley ~ Jo Higgins
. Original Proffer
Amended Proffer
(Amendment # ' )
PROFFER FORM
Date: -5-8-96
ZMA# 95-23 TaxMapParcel(s)# &5- 108, 93A1, 91 (part)
,.. 3.7 Acres to be rezoned from R-6 to c-1
Pursuant to Section 33.3 of the Albemarle Count}, Zoning Ordinance, the owner, or
ils duly authorized agent, hereby voluntarily proffers the conditions listed below which shall
be applied to the proper[y, if rezoned. These conditions are proffered as a part of the
requested rezoning and it is agreed thai: (1) the rezoning itself gives dso to the need for
the conditions; and (2) such conditions have a reasonable relation to the rezoning
requested.
Permitted uses of the property, and/or uses authorized by special ese
permit, shall include only those uses allowed in section 22 of the
Albemarle County Zoning Ordinance in effect on May 8, 1996, a copy of
the sections being attached hereto, except the following:
Section 22.2.1
Section 22.2.1
Section 22.2.1
Section 22.2.1
Item ~ 3:
Item #10:
Item #16:
Item #22:
Department Stores
Newsstands, magazines, pipe and tobacco shops
Automobile service stations
Automobile, truck repair shop including bodyshop
Berkmar Land Trust / /
Slgnai;ures of All Owners // /
W~iam W. Stevenson
OR
Charles W. Eurt, Trustee I
Printed ~mes of Ail Ow.ers D~ta
Charles W. Hurt, Contract Purchaser ~/{~I~
8igne[ure of Attorney-in-Fact[
(Attach Proper Power o~ Attorney)
Printed Name of Attorney-tn-Fact
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
CLAUDIA Lo PAINE
APRIL 23, 1996
MAY 8, 1996
ZMA 95-23 - BERKMAR LAND TRUST AND FIRST INTERSTATE
CHARLOTTESVILLE. LTD.PTR
Applicant's Proposal: The Applicant proposes to rezone approximately 3.7 acres to C-1 to
allow for office/retail development. A detailed description, justification and proffers for this use
are included as Attachment A. The proffers limit the uses allowed by-right on these parcels.
Petition: Petition to rezone approximately 3.7 acres from R-6, Residential, to C-l, Commercial,
with proffers. The property, described as Tax Map 45, Parcel 108, 93A1 and 91 (part), is located
on the west side of the intersection of Berkmar Drive and Woodbrook Drive in the Rio
Magisterial District. This site is recommended for High Density Residential (10.01-34 dwelling
units per acre) in Neighborhood 1. (see Attachments B & C)
Character of the Area: This site fronts on both Berkmar and Woodbrook Drive. The majority
of the site is wooded. The Agnor-Hurt School is located on the property immediately to the
south. The Rio Hills Shopping Center is located to the southeast of this site. Pursuant to SP 95-
15, a building, to be used as a daycare center, has been erected on part of this site. All adjacent
property on the west side of Berkmar Drive is currently zoned R-6.
RECOMMENDATIONS:
Staff has reviewed this request for compliance with the draft update of the Comprehensive Plan
and the Zoning Ordinance and recommends approval with acceptance of the proffers, provided
that the Board of Supervisors adopts the recommended land use designations for the updated
Comprehensive Plan.
Plannin_e and Zonine History:
May 4. 1988 - ZMA 88-06 was approved. A portion of this site was rezoned from HC, Highway
Commercial, to R-6, Residential, as agreed to by the developer of the Rio Hills Shopping Center.
This was done due to a realignment of Berkmar Drive that occurred during the review of Rio
Hills Shopping Center. The rezoning was done to maintain compliance with the Comprehensive
Plan.
October 23. 1990 - Staff approved the plat creating the school property.
December 18. 1991 - ZMA 89-09 was denied. This was a request to rezone the site to R-15,
Residential. This denial was due, in part to questions regarding the level of development, access,
impact on the school, and relationship to the Western Bypass alignment.
March 11. 1994 - ZMA 93-14 was denied. This was a request to rezone this site to CO,
Commercial Office. This rezoning was denied due to the recommendations of the 1989
Comprehensive Plan for land on the west side of Berkmar Drive.
July 12. 1995 - SP 95-15 was approved. This was a request for a preschool/daycare on Tax Map
45, Parcels 91 and 93A1. This building is now located on the portion of Parcel 91 that is
included in this rezoning request.
November 15, 1995 - Resolution of tntent adopted by Board of Supervisors to rezone properties
adjacent to Berkmar Drive. The previously stated intent of the Board of Supervisors was to have
Berkmar Drive divide the zoning, with commercial zoning on the eastern side and residential
zoning on the western side of Berkmar Drive. The recorded road right-of-way plats divided
zoning districts and left several parcels with strips of residential zoning alongside the larger
portions of HC, Highway Commercial, zomng on the eastern side of the road.
Comprehensive Plan: Currently, this area is recommended for High Density residential (10.01-
34 dwelling units per acre) in Neighborhood 1. Page t64 of the Comprehensive Plan states:
"Continue current land use trends (commercial and industrial development along Route
29 North and residential development to the west) with primarily medium density
residential development along Rio Road and medium and high density along Woodbum
Road in areas presently undeveloped. It is intended that no conunemial development
occur west of the proposed extension of Berkmar Drive." (see Attachment D)
Based on this statement, this request is not consistent with the current Comprehensive Plan.
However, the Planning Commission has recommended certain changes to the land use plan that
directly affect the area under consideration. If these changes are adopted by the Board of
Supervisors, then this rezoning would be supported by the updated Comprehensive Plan as to
land use designation.
The Plarming Commission has recommended a new Transitional Land Use designation for the
area North of Rio Road and West of Berkmar Drive extended, which includes the area under
consideration for this rezoning.
2
Page 21 of the Proposed Revision to the Land use Plan states:
"-Transitional areas are intended to be used primarily between residential areas
and commercial or industrial areas, or in areas where flexibility of land uses may be
necessary or appropriate to blend changing circumstances (e.g. where long-term
public improvements are anticipated, or areas where redevelopment/re-use is being
encouraged).
-Transitional land uses include non-residential land use on the scale of Neighborhood
Service and Office Service, as defined in the next section of this chapter, as well as
Urban density residential uses in areas of Urban Neighborhoods and communities that are
situated between low-density residential uses and any other of the more intensive non-
residential land uses described in the next section.
-Uses include neighborhood-scale shopping centers, office buildings, townhouses and
apartment buildings.
-Areas should be developed under an overall plan for the designated area to ensure
coordination of uses, access and circulation, landscaping, and maintenance of
natural/environmentally sensitive areas.
-Requires collector road accessibility, water and sewer availability, and compatibility
with adjacent land uses." (emphasis added)(see Attachment E)
Page 27 of the Proposed Revision to the Land Use Plan states:
"Due to the potential impact of the Westem Bypass, the area north of Rio Road, west of
Berkmar Drive and east of Woodbum Road, was designated Transitional. This
designation will allow for a wide flexibility of uses and allow uses that would be
compatible with the bypass, and too, provide a transition to the residential property
to the west. Access to Woodbum Road from properties located between Berkmar Drive
and Woodbum Drive is prohibited. Proposed development which impacts on the bypass
development shall be discouraged." (emphasis added) (see Attachment E)
Based on these comments from the Proposed Revision to the Land Use Plan, as recommended by
the Planning Commission, this request would be consistent with the updated Comprehensive
Plan, if adopted.
STAFF COMMENT:
In addition to the provisions of the Comprehensive Plan, the primary issues to address for this
request are:
- uses allowed under C-1 zoning;
- impact on surrounding properties and the Western Bypass; and
- traffic impacts.
These will be considered in turn, along with one site plan item.
Uses Allowed under C-1 Zoning
Although, the C-1 district is generally consistent with the new Transitional Land Use
designation, it allows some uses which could be undesirable in this area~ Limits to uses allowed
would be applied through review of special use permits and/or zoning map amendments. The
Applicant has proffered to limit the uses to those that would not be expected to be undesirable.
The proffers are provided in Attachment A.
Impact on Agnor-Hurt Elementary School
In conjunction with the rezon'mg request, the Applicant has submitted a site development plan for
the area under consideration. During the site plan review process, staff can ensure that the
development satisfies the requirements of the Zoning Ordinance. The Applicant has proffered to
eliminate certaha uses that would have the greatest negative impact on surrounding properties.
The site is generally tree covered, and the tree line is visible from adjacent areas.
Staff's opinion is that this rezoning would not have an adverse impact on the school property.
Impact on By-pass Developmen[
In previous reports for activity on this site, staffhas noted that the site is affected by the
alignment of the proposed Route 29 Bypass. The recently revised alignment for the bypass may
not involve this site at all or may involve only the rear portion of the site. Therefore, staff
opinion is that approval of this request would not adversely affect the alignment of the bypass.
Traffic Impacts
This site will be served by entrances located adjacent to the intersection of Woodbrook Drive and
Berkmar Drive, and will utilize the existing signal at this intersection. This will conform to the
prohibition of access to Woodbum Road outlined in the Proposed Revision to the Land Use Plan.
The Virginia Department of Transportation states:
"A traffic impact study is needed for the site development to better address needed lanes
and geometries. Because of the vertical approach of the existing Woodbrook Drive with
4
Berkmar there may need to be adjustments to signal heads and timing sequence. There
also may be a need for an additional lane on Berkmar to handle left mm traffic, which
would necessitate dedication of right of way along Berkmar for this addition. The
commercial usage of property will bring more traffic to the road than previous zoning."
(See Attachment F)
During the site plan review process, staff can ensure that this limited traffic impact study and and
any necessary upgrades to the existing signal and lanes occur.
Site Plan Items
The preliminary site plan which was submitted in support of this rezoning is proceeding in the
administrative review process. No action on this site plan is required from the Planning
Commission. However, the following items require Planning Commission action separate from
the rezouing action. The Board of Supervisors need not act on these modifications. Staffhas
identified the need for the following modifications:
Grading in 20 ft. Buffer Zone - Section 21.7.3 of the Zoning Ordinance requires a
20 foot buffer zone between commercial and residential districts in which no grading
is allowed unless permitted by the Commission where it has been demonstrated that
grading or clearing is necessary or would resuk in an improved site design, provided
that: a) minimum screening requirements are met; and b) existing landscaping in
excess of minimum requirements is substantially restored.
There are two areas indicated on the site plan where grading is proposed within the 20
foot buffer. One area is adjacent to and on the property to the south, also known as
the Agnor-Hurt School property. The School property is currently zoned R-6,
Residential. A Temporary Construction Easement has been granted by the School
Board for this grading. Copies ofthe Justification and Temporary Construction
Easement are attached (See Attachment G). The trees currently in this location are
mostly deciduous. Staff feels that this buffer could be improved upon by requiring
the planting of a double staggered row of evergreen trees planted fifteen (15) feet on
center, or a double staggered row of evergreen shrubs planted ten (10) feet on center.
As this adjacent property is not recommended for residential use, and is not currently
used for residential uses, staff opinion is that maintenance of the 20 foot buffer does
not forward the purpose of the ordinance. Therefore, staff recommends approval of a
modification of the 20 foot buffer required by Section 21.7.3.
The second area where grading is proposed within the 20 foot buffer is adjacent to
and on the property to the west owned by Mr. William W. Stevenson. An Easement
has been granted by Mr. Stevenson. (See Attachment H) The property is currently
zoned R-6, Residential and is the residue of a portion of the site currently under
review for this rezoning, which is also co-owned by Mr. Stevenson. Here again, this
buffer could be improved upon by requiring the planting ora double staggered row of
evergreen trees planted fifteen (15~ feet on center, or a double staggered row of
evergreen shrubs planted ten (10) feet on center. This adjacent property is
recommended for Transitional use in the Proposed Revision to the Land Use Plan,
and is currently used for residential uses, staff opinion is that maintenance of the 20
foot buffer does not forward the purpose of the ordinance. Therefore, staff
recommends approval ufa modification of the 20 foot buffer required by Section
21.7.3.
SUMMARY:
Staff has identified the following factors which are favorable to this request:
1. The request is for C-1 zoning, which is consistent with the land use designation
recommended by the Planning Commission in the Proposed Revision to the Land Use Plan.
2. Development is not within the alignment of the Alternative 10 bypass.
3. This request is generally consistent with the adjacent school use.
4. Development uses are limited by proffer.
Staffhas identified the following factors which are unfavorable to this request:
1. The request is inconsistent with the current Comprehensive Plan land use designation.
2. · Rezoning to commercial would be contrary to Board's past action and agreement to realign
Berkmar Drive Extension to accommodate Rio Hills Shopping Center. (This was based on
the current Comprehensive Plan designations.)
It should be noted that adoption of the proposed revisions to the Land Use Plan will negate these
unfavorable factors.
RECOMMENDED ACTION:
Upon positive consider~ition of the recommended change to the land use designation for this area,
staffrecommends approval of this request.
ATTACHMENTS:
A - Applicant's Description, Justification, and proffers
B - Location Map
C - Tax Map
D - Text of Comprehensive Plan for the review area
6
E - Text of Proposed Revision to the Land Use Plan for the review area
F - VDOT Cowanents
G - Justification for Modification and Easement for School Property
H - Easement for Stevenson Property
A:~EMA9523.RPT
7
STAFF:
(804)
County of Albemarle
Department of'Zoning
401 McIntire Road
Charlottesville, VA 22902-4596
296-5875 FAX (804) 972-4060
(~Major ( ) Minor
Deferral ( ) W/draw~
Revision (minor amendment)
REZONING
OWNER (as currently listed in Real Estate) Berkmar Land Trust &
,~Name First Interstate Charlottesville, Ltd. P~r. Phone
· ~l[,~ ~/,
~Addree$ 195 Rtverbend Drive, Charlottesville, VA 22911
(~0~) 979- 8181
APPLIC .At~ (if diffe.rent ~r~ abovD)
Address
CONTACT PERSON/DESIGNATED AGENT
Name Steve Melton
Phone ( )
(if different from above)
Phone (~Q4) 979 - 2121
Day Phone ( ) -__
Address 195 Riverbend Drive, Charlottesville, VA 22911
PROPERTY LOCATION: Berkmar Drive~'Woodbrook Drive
PROPOSED ZONING: C-1
.PLEASE PROVIDE A DESCRIPTION AND JUSTIFICATION OF YOUR REQUEST ON
THE BACK OF THIS SHEET.
OFFICE USE ONLY
TAX MAP/PARCEL: /, O 6-~
1- .0.,'~.~ Q.O_ - ..00_ - (:~)0_. - ~3~_0_..0_ '*See reverse side for
2. O~5/>/9- D~- DO ~ ~ ~.additional TM/P space.
EXISTING
PROPOSED USE:
Special permit ~-~;~ ~ ( ) Variance
Proffers ~-9~-/~, ~ ~.tmP~. ~( ) Letter of Authorization
isterial District " ~A~ ' ~
Site Review . / /. Planner: Recommendation
Planning Commission: __/ ./
Action:
Board of Supervisors: / / Action:
6.
7.
8.
9.
I hereby certify that the information provided on this application and
accompanying information is accurate, true and correct to the best of
-my knowledge and belief. ~/
Signature Dat~ Receipt # Date
· FEES:
Planned Developments
1) Under 50 acres
2) Over 50 acres
Minor Amendments
$ 815.00
$1,225.00
$ 175.00
Other Rezonings
1) Under 50 acres $ 815.00
2) Over 50 acres $1,215.00
DEFFERAL
1) Specifiodate $ 25.00
2) Indefinite 60.00
JUSTIFICATION OF REQUEST
REZONING
BERKMAK DRIVE OFFICE/RETAIl. COMPLEX
December 27, I995
With the Comprehensive Plan now showing the Berkmar area as Transitional, we feel that
our proposed plan would fit very well into this use. As shown on the attached plan, the
Montessori School is Zoned R-6 with a Special Use permit akeady in place and the site
plan currently under review as Phase I. The Residual land west of the Muntessofi School
to Woodbum Road (Rt. 659) will remain residential. The proposed use for the larger
building on the 1.326 acre parcel will bo a pet food center and saddle/tack shop (contract
signed subject to rezoning). There are a couple of interested parties looking at the budding
on the 1.065 acre parcel adjacent to Agnor - Hurt School, but no contracts have been
signed to date.
As shown on the site plan, traffic to the site will enter fxom two sources. The main
entrance will be at the comer of Berkmar and Woodbrook which is signalized and the
other approximately 450' to the south on Berkmar Drive. Both parcels will have cross
easements for ingress, egress and parking. Another point in developing this site plan is that
is allows for the filling in of the lot adjacent to Agnor - Hun School to eliminate the
drainage area that exists now. Jo Higgins, Director of Engineering has approached the
school board and has gotten permission to fill up on the school property in order to create
a safer environment around thc school.
To s~mmafize, our plan has been given a lot of thought and should not create any undue
impact on Berkmar Drive or surrmmding roads, has safe entrances, and offers a good
buffer for Agnor-Hurt School. Water and sewer is on site and all storm' detention will be
underground.
June 23, 1995
INC.
Ms. Jo Higgins
Director of Engineering & Public Works
COUNTY OF ALBEMARLE
Department of Engineering
401 McIntire Road
Charlottesville, VA 229024596
RE: Tax Map 45, Parcel 108, 1.065 Acres - Berkmar Drive
Dear Ms. Higgins:
AS you know from our discussion last week, Dr. Hun has acquired an optiol/on the above
mentioned land. We would like to incorporate this parcel in the adjacent land that Dr. Hurt
currently owns on Berkmar Drive.
We are now working on a site and soil erosion plan for the Montessori School and Day Care that
is located north of and b0?ders the Agnor Hurt Elementary School. The building is now under
roof and we hope that it ~ be completed in early fall.
With the ske and soil erosion plan in process we feel that this is a great opportunity to include the
above men[ioned land and, fill it in. This would not only help tremendously with the aesthetics of' '
the area but also make it a,lot safer for the school. The dirt to fill the area would come from the
Montessori School site and.grading for Woodbrook Drive extension.
Since we have to fill onto the Agnor Hurt School land to achieve the proper slopes as required by
the County Ordinance we need permission from the School Board to do this. We would like for
you to consider going before the Board to see if this project is feasible.
We would obtain all the necessary bonds and construct all the safety requirements in order to do
the work in a professional and expeditious manner, hopefully before school begh~ in the fall.
If you have any,questions or need additional information, please' do not hesitate to call me.
Sincerely,
and ultimately to the new Moot-es' Creek Wastewater
~Tzzm~nent Plant through the Rivanna Interceptor.
ROADS ~
~oodburn Road is currently inadequate to sup-
-~port.extensivc-zusidenUal development, thus making
the B=riunar Drive Extension now under development
- ~ lmporta, nt Fo opera. I~ up the higher defsslty residential
'~ area north'ofRio Road. Rou~e 29 is a congested route
"along'the eastern side of the neighborhood, with
limited direct access allowed to parcels north of Rio
Road.
RECOMMENDATIONS:
· Continue current land use trends (commercial and
industrial development along Route 25 North and
residential development to the wes0 with pri-
marily medium density residential development
along .Rio Road and medium and high tiensity
along Woodburn Road in areas presently un-
developed. It is intended 'thit no commercial
development occur west of the pro~osed exten-
sion of Berkmar Drive.
Maintain permanent public recreational uses on a
parcel of County-owned land on Whitewood Road,
presently th~ jogging park site.
· Include the area along the Rivanna Reservoir west
o£Woodburn Road, north of Rio Road and east of
Route 743 in the Rivanna River Greenway Cor-
ridor. This provides a connection of the Ivy Creek
Natural Area to ti~e Urban Area and provides an op-
portunity for passive recreation adjacent to ti~e
Urban Area.
e Low density residential areas along Hydraulic Road
betwe&n Whitewood Road and Commonwealth
Drive may be suitable for medium density use with
controlled access from Hydraulic Road and buffer-
ing [rom low density residential use.
· Further development plans along Route 29 North
are to be sensitive to its status as an entry corridor
to the Urban Area. Access properties along Route
29 North through joint access points, frontage
roads, and side streetS.
· Transportation improvements include:
- Widen Hydraulic Road and Rio Road to four-
five lanes between Route 29 North and
WhitewOod Road,
- 'Extension of Greenbrier Drive to the
draulic Road intersection.
- Reconstruction of Peyton Drive between
Commonwealth Drive and Greenbrier Drive,
- Complete extension ofBe~-kmar Dth~ to the
Hilton Road.
Utility improvements include:
- Install gravity sewer lines from north of Rio
Road and west of Route 29 North to eadsting
lines east of Route 29 North with sizing to
accommodate each drainage basin. Inter-
basin pumping should be restricted.
- Install new sewer trunk line through Neigh-
borhood Two to the Rtvanna Interceptor.
- Relocate Route 29 North utilities as necessi-
tated by improvements to Route 29 North.
- Evaluate the Four Seasons Detention Basin
for its engineering and feasibility.
- Construct Birnam Detention filisin.in the
area of Wynridge and Greenbriar Drive
tended.
- Evaluate Berkeley Storm Sewer, Phase Il, for
need and feasibility.
- Improve Four Seasons Drive channel en- .
trance and outlet conditions at existing
culverts,
164
TABLE 47
DEVELOPMENT POTENTIAL
NEIGHBORHOOD ONE
DE~VELOPABLEI DWELLING
ACRF~G~ UNITg
Residential - Low 8 8-32
Residentia[ - Medium 44 176-440
Residential - High 75 751-1500
RESIDENTIAL SUBTOTAL ' 127 935-1972"
~eighbo{hood Semite 3
Communiw Sewice 36
R~io~[ Sewice 5 l'
Industrial ~e~i~ 29
Public 20
NON-RESI~NT~L SUBTOT~ 139
UND~ELOPED ~ND TOTAL 266
.5outce: Albemarle County Department of Planning and
Community Development; 1988
i ATTACHMENT E I
Strategies for Residential Land Use:
Establish maximum gross development density of each residential category, but
determine densibj of development up to maximum based on specific standards. Two
ranges of residential development densities applicable in the Growth Areas stipulated
below are as follows:
Neighborhood Density Residential
-Recommended gross density of 3 to 6 dwellings per acre;
- Applies to Urban Area, Communities, and Villages;
- Includes all dwelling unit types;
- Within any existing subdivision new development shall be in keeping with the
scale~'de~sity of the existing development. Adjacent properties shall be
developed at higher densities to support infill development efforts.
Urban Density Residential
- Recommended gross density of 6.01 to 20 dwellings per acre, with possible
density of up to 34 dwellings per acre for planned residential developments;
- Applies to Urban Area and Communities only;
- Intended for other-than single family detached dwellings;
- These areas are not intended for development at densities below 6 dwellings
per acre
Development is expected to occur within these ranges and, to the greatest extent
practicable, to maximize the developed density.
Base development standards on environmental criteria, road function and condition,
available utilities, adjacent land uses, and site requirements.
Maintain statements in the Zoning Ordinance that site development should be base~
on standards in both the Comprehensive Plan and Zoning Ordinance.
5. All Comprehensive Plan standards should be reviewed in conjunction with development
proposals.
sitional Land Use
- Transitional areas are intended to be used primarily between residential areas and
commercial or industrial areas, or in areas where flexibility of land uses may be
necessary or appropriate to blend changing circumstances (e.g., where long-term public
improvements are anticipated, or areas where redevelopmenffre-use is being encouraged).
21
- Transitional land uses include non-residential land u~e on the scale of Neighborhood
Service and Office Service, as defined in the next section of this chapter, as well as
Urban density residential uses in areas of Urban Neighborhoods and Communities that
are situated between low-density residential uses and any other of the more intensive
non-residential land uses described in the next section.
- Uses include neighborhood-scale shopping centers, office buildings, townhouses and
apartment buildings.
- Areas should be developed under an overall plan for the designated area to ensure
coordination of uses, access and circulation, landscaping, and maintenance of
natural/environmentally sensitive areas.
- Requires, collector road accessibility, water and sewer availability, and
compatibility with adjacent land uses.
Non-Residential Land Use Designations
OBJECTIVE: Establish a mix of commercial, industrial, and open space, and public land
uses in designated Growth Areas to support County needs.
The County's Economic Development policy indicates the desirability of a wide range of
business and employment opportunities. The availability of jobs and services for the County's
future population requires sufficient land to locate such activities. The County's growth
management approach requires that such land be located in Growth Areas. Commemial and
industrial designations are confined to designated Growth Areas. In Chapter One, it was
established that more than sufficient designated acreage exists to meet commercial and industrial
land use needs for the next twenty years. The actual development of this land will be dependent
on its developability and availability.. As with residential areas, land for commercial, industrial,
office, and public facilities needs to be--over the 20-year time frame--developable, and
Iocationally desirable. Typical primary uses should be identified ['or each designation, with
appropriate secondary uses, which would be limited to certain percentages of the designated
area, also identified. Percemages to be devoted to secondary uses can be identified in the Zoning
Ordinance.
To assure that development of these areas adequately addresses environmental, infrastructure,
and land use considerations necessitates appropriate County standards and guidelines identified
in this Plan.
Strategy for Non-residential Land Use:
Establish non-residential land use designations for Growth Areas that provide for a
variety of scales of development and intended service populatio_ns and stress a mixed-use
orientation.
22
Moores Creek Wastewater Treatment Plant through the Rivanna Interceptor.
PUBLIC FACILITIES
Agnor Hurt Elementary, the Seminole Trail Fire Station and Whitewood Park are located in the
neighborhood, as well as a boat access to the South Fork Rivanna River at the end of Woodburn
Road Adjacent to the Neighborhood is the Jouett, Greet, and Albemarle High School complex.
Public Facilities are adequate in the area
RECOMMENDATIONS:
Due to the potential impact of the Western Bypass, the area north of Rio Road, west of
Berkmar Drive and east of Woodburn Road, was designated Transitional. This
designation will allow for a wide flexibility of uses and allow uses that would be
compatible with the bypass, and to, provide a transition to the residential property to the
west. Access to Woodbum Road from properties located between Berkmar Drive and
Woodburn Drive is prohibited. Proposed development which impacts on the bypass
development shall be discouraged. .-.-..
Development of the Regional and Community Service areas along Hydraulic Road
between Commonwealth Drive and Route 29 should attempt to mitigate traffic impact on
Hydraulic Road through a consolidated entrance, frontag~ road and internal roads.
Further development plans along Route 29 North are to be sensitive to its status as an
Entrance Corridor Roadway.
· Transportation improvements include:
Provide landscaping, sidewalks and bicycle facilities along Route 29 to enhance
this corridor as the County's major business district.
Widen Hydraulic Road and Rio Road to four lanes between Route 29 North
and Whitewood Road. Include sidewalks and bic
with this project.
Improve traffic circulation in the large residential
and Rio Roads with the extension of Greenbrier I
'cie facilities in conjunction
trea located between Hydraulic
~dve to Hydraulic Road.
Provide additional pavement width to accommodate bicy~cles and construct
sidewalks alo. ng the south side of the new roadway.
Provide a greanway along the South Fork of the Rivanna-- River. This provides a
connection of the Ivy Creek Natural Area to the Urban ~rea and provides an
opportunity for passive recreation adjacent to the Urban _Ar. ea.
27
IATTACHMENT F I
Mr.'Ron Keeler
February Public Hearings
Page 3
January 19,
1996
ZMA-95-23 Berkmar Land Trust/First Interstate Charlott~svillef LTD.~ Route
1403
A traffic impact study is needed for the mite development to better address
needed lanes and geometrlcs. Because of the vertical approach of the existing
Woodbrook Drive with Berkmar there may need to be adjustments to signal heads
..and timing sequence. There also may be need for an additional lane on Berkmar
to handle left turn traffic, which would necessitate dedication of right of
way along Berkmar for this addition. The commercial usage of property will
bring more traffic to the road than previous zoning.
ZMA-95~24 Forest Lakes Associates Route 29
No s0mment.
ZMA-95~25 Gilrayf L.~:~. Route 1403
See 95-23 above.
If you have any questions, please advise.
Yours truly,
H. W. Mills
Assistant Resident Engineer
HWM/ldw
J. Il. Kesterson
Irma vonKutzleben
Jim Call
C. W. HURT CONTRACTORS,
CHARLOTTESVILLE, VIRGINIA 22906
INC.
February 12, 1996
Ms. Claudia Paine
County of Albemarle
RECE ¢
I:[B~ t .2 ~996
p nmng
Dept. of Planning & Community Development
401 McInfire Road
Charlottesville, Xr~rginia 22902-4596
AREA CODES04
TELEPHONE
FAX296~550
RE: SDP-95-121- Berkmar Drive Retail Office Complex Preliminary Site Plan
Dear Ms. Paine:
Pursuant to our telephone conversations last week, [ would like to address the comment in
item #5 from Jan SprinMe's memo to you dated January 24, 1996 regarding the 20-foot
buffer zone required for the above referenced project.
As previously discussed, Agnor Hurt School would h~e to see the one acre parcel adjacent
' - to the school (Tax Map 45, Parcel 108) on Berk'mar Drive filled in. Enclosed, is a copy of
my letter to Io Higgins requesting permission to place fill up on the School property and
the Tempont~y Construction Easement granting permission to do this.
Based on the above documentation, I would like to request a modification of Section
21.7.3 in order that we can fill and grade within the 20-foot buffer zone as originally
planned.
Ihave also enclosed a statement fromWilliam W. Stevenson (owner of TaxMap 45
Parcel 91) granting permission to grade on his property. With the above mentioned
document from the Albemarle School Board and from M~. Stevenson, fids should satisfy
item #2 from your site review comments.
Sincerely,
encl.
cc: Jan Sprinkle
FEB 1 2 1996
Planning Dept.
January 5, 1996
County of Albemarle
Dept. of Zoning
401 McIntire Road
Charlottesville, VA 22902-4596
To whom k may concern:
This letter is to acknowledge that Charles W. Hurt and Stephen M. Melton, are authorized
to act as my agent in the application process ofrezoning my property on State Route 659
further identified as Tax Map 45 Parcel 91.
This letter also grants permission for Berkmar Land Trust the adjacent property owner to
grade/excavate on the above mentioned property.
[~~-~- ~Sincerely,
William W. Stevenson
406 Wellington Drive
Charlottesville, VA 22901
TEMPORARY CONSTI~I,ICTION EASEMENT
,/
THIS EASEMENT made this 1st day of September, 1995, by and between the
COUNTY SCHOOL BOARD OF ALBEMARLE COUNTY, VIRGINIA, Grantor, and C. W.
HURT CONTRACTORS, INC., Grantee;
WITNESSETH:
For and in c~3nsideration ~Ten Dollars ($10.00), cash in hand paid, and other good
and valuable cansideration, the receipt of which is hereby ac~c~wledged, the Grantor does
hereby GRANT and CONVEY unto the Grantee a tempora~ construction easement across
property of the Grantor described as Albemarle County Tax Map 45, Parcel 95A, Agnor-
Hurt Elementary School, for use by the Grantee dudng construction of a proposed pre-
school/day(are.
The location of the temporary construction easement is shown on the attached
sketch. This c~nstrucflon easement shall terminate upon completion of c~3nstruction and.
release c~ the erosion and sediment control bond.
WITNESS the following signature and seal.
STATE OF VIRGINIA
CITY/COUNTY OF A1~-~
, to wit;,
The foregoing was acknowledged before me this
199{5. by Ti=a Eendleton Y, ul~er
6th~ay of Ya]~r,ua,=y ,
Nc~tary Public
My Commission Expires: ~. nuar 33. 1 -~
April 17, 1996
Albemarle County Zoning Dept.
Dear Zoning Administrators,
I am writing to comment on the Rezoning request for parcel(s) located at the
intersection of Berkmar and Woodbrook Dr. The land is currently zoned R-6, and a
request has been made to change it to commercial zoning. I am aware that the
Comprehensive Plan may change in order to allow commercial zoning on the west
side of Berkmar Drive, but it is not currently allowed under the plan.
As the contract purchaser of an existing building and one acre of the land being
affected by the request, I want to make sure that our position is made clear. We are
now "Phase One" of a site plan that has been submitted for the parcel, which includes
commercial development around us.
When we entered into contract to purchase the land and building, we were
aware of the eventual growth in that area. We chose land that was residentially zoned
because we like our Schools to be close to residential areas, and like them to feel
more like a "home" than a commercial building. This philosophy played a major part in
our design of the building, our insistence in keeping as many trees on the property as
possible, and our design of the fencing and outside appearance of the building.
Our use of the building requires a Special Use Permit, regardless of the zoning,
and we obtained approval of our use last July. We expected to then be able to move
very quickly into a building that was nearing completion, only to find out that a site plan
would then be required, and we had to very quickly move classes that were enrolled at
that site to other locations for the school year. We are still unable to finish work on the
site, over one year after the building permit was issued, and our frustration is almost
unbearablel!
We would like to formally request that our portion of the site retain its current
zoning and Special Use Permit, as it is what's suits us best philosophically, and is in
keeping with how we view our School's mission: The residential zoning wilt also give
us a little better buffer between our children and other, more commercial uses that may
happen around us.
I would welcome a cell from you if you have any questions about our request. I
can be reached at School in the mornings from 8:15-1:00. Thank you for taking the
time to consider our position.
Sincerely,
Lindsey H. Skd'hwab
Administrator/Owner
$04-295- 9055
dS I ~ullev
~'hattatte~ville, ~'it~i~ia 22.901
April 26, 1996
COUNTY OF ALBEMARLE
Dept. of Planning & Community Developmen~
401 Mclntire Road
Charlottesville. Virginia 22c)02-&596
f804) 296-5823
George H. Gilliam
P. O. Box 2737
Charlottesville, VA 22902
RE: ~ ZMA-95-25 Gitray, LLC
Tax Map 45, Parcel 109C
Dear Mr. Gilliam:
The Albemarle County Planning Commission, at its meeting on April 23, 1996, unanimously
recommended approval of the above-noted petition to the Board of Supervisors. Please note that
this approval is subject to acceptance of proffers.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on MAY8 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 scheduled hearing date. I have received a draft copy of your revised
proffers, but a final signed version must be received by the Board of Supervisors.
Please note that the Planning Commission also approved a modification of Section 21.7.3 to
allow grading within 20 feet of adjacent property as shown on the preliminary site plan, as well
as the modification request to allow disturbance of critical slopes as shown on the prelim'mary
site plan. No action is necessary by the Board of Supervisors on these modifications.
If you should have any questions or comments regarding the above noted action, please do not
hesitate to contact me.
SincereLy,
Claucli.a L. Paine
Senior Plarmer
Ella Carey Jo Higgins
Amelia McCulley Gilray, LLC
STATE .AND LOCAL GOVERNMENT CONFLICT OF INTEREST ACT
TRANSACTIONAL DISCLOSURE STATEMENT
for Officers and Employees of Local Government
[Section 2.1-639.14(E)]
1. Name:
David P. Bowerman
2. Title:
Rio District Supervisor
3. Agency: Albemarle County Board of Supervisors
Transaction: ZMA 95-25 Gilray, LLC -- Rezoning of approximately 2.2 acres from R-6
to C-1.
5. Nature of Personal Interest Affected by Transaction:
Business relationship with principals of applicant.
6. I declare that:
I am disqualifying myself from participating in this transaction and request that this fact
be recorded in the appropriate public records for a period of five years.
Dated: May 8, 1996
c~/ r _ _ Signature
DPBS896.01
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
CLAUDIA L. PAINE
APRIL 23, 1996
MAY 8, 1996
ZMA 95-25 GILRAY. L.LC.
Applicant's Proposal: The Applicant proposes to rezone approximately 2.2 acres to C-1 to
allow for office/retail development. A detailed description, justification and proffers for this use
are included as Attachment A. The proffers limit the uses allowed by-right on this parcel.
Petition: Petition to rezone approximately 2.2 acres from R-6, Residential, to C-l, Commercial,
with proffers. The property, described as Tax Mag 45, Parcel 109C, is located on the west side
of the intersection of Berkmar Drive and Woodbrook Drive in the Rio Magisterial District. This
site is recommended for High Density Residential (10.01-34 dwelling units per acre) in
Neighborhood 1. (See Attachments B & C)
Character of the Area: This site fronts on both Berkmar and Woodbrook Drive, The Agnor-
Hurt School is located on property to the south. The Rio Hills Shopping Center is located to the
southeast of this site. Pursuant to SP 95-15, a building, to be used as a daycare center, has been
erected on the parcel immediately to the southwest of this site. All adjacent property on the west
side of Berkmar Drive is currently zoned R-6.
RECOMMENDATIONS:
Staff has reviewed this request for compliance with the draft update of the Comprehensive Plan
and the Zoning Ordinance and recommends approval with acceptance of the proffers, provided
that the Board of Supervisors adopts the recommended land use designations for the updated
Comprehensive Plan. (Note: Staff anticipates receipt of revised proffers from the Applicant
which address concerns of the County Attorney regarding enforcement and clarity.)
Planning and Zoning History_:
May 4. 1988 - ZMA 88-06 was approved. This site was rezoned from HC, Highway
Commercial, to R-6, Residential, as agreed to by the developer of the Rio Hills Shopping Center.
This was done due to a realignment of Berkmar Drive that occurred during the review of Rio
Hills Shopping Center. The rezoning was done to maintain compliance with the Comprehensive
Plan.
October 23.1990 - Staff approved the plat creating the school property..
December 18, 1991 - ZMA 89-09 was denied. Tins was a request to rezone the site to R-15,
Residential. This denial was due, in part, m questions regarding the level of development,
access, impact on the school, and relationsinp to the Western Bypass alignment~
March I 1. 1994 - ZMA 93-t4 was denied. This was a request to rezone this site to CO,
Commercial Office. This rezoning was denied due to the recommendations of the 1989
Comprehensive Plan for land on the west side of Berkmar Drive.
November 15. 1995 - Resolution of Intent adopted by Board of Supervisors m rezone properties
adjacent to Berkmar Drive. The previously stated intent of the Board of Supervisors was to have
Berkmar Drive divide the zoning, with commercial zoning on the eastern side and residential
zoning on the western side of Berkmar Drive. The recorded road right-of-way plats divided
zoning districts and left several parcels with strips of residential zoning alongside the larger
portions of HC, Highway Commercial, zoning on the eastern side of the road.
Comprehensive Plan: Currently, this area is recommended for High Density residential (10.01-
34 dwelling units per acre) in Neighborhood 1. Page 164 of the Comprehensive Plan states:
"Continue current land use trends (commercial and indus~ial development along Route
29 North and residential development to the west) with primarily medium density
residential development along Rio Road and medium and high density along Woodbum
Road in areas presently undeveloped. It is intended that no commercial development
occur west of the proposed extension of Berkmar Drive." (see Attachment D)
Based on this statement, this request is not consistent with the current Comprehensive Plan.
However, the Planning Commission has recommended certain changes to the land use plan that
directly affect the area under consideration.
The Planning Commission has recommended a new Transitional Land Use designation for the
area North of Rio Road and West of B erkmar Drive-extended, which includes the area under
consideration for this rezoning.
Page 21 of the Proposed Revision to the Land use Plan states:
"-Transitional areas are intended to be used pr'nnarily between residential areas and
commercial or industrial areas, or in areas where flexibility of land uses may be
necessary or appropriate to blend changing circumstances (e.g. where long-term
public improvements are anticipated, or areas where redevelopment/re-use is being
encouraged).
-Transitional land uses include non-residential land use on the scale of Neighborhood
Service and Office Service, as defined in the next section of this chapter, as well as
Urban density residential uses in areas of Urban Neighborhoods and communities that are
2
situated between low-density residential uses and any other of the more intensive non-
residential land uses described in the next section.
-Uses include neighborhood-scale shopping centers, office buildings, townhouses and
apartment buildings.
-Areas should be developed under an overall plan for the designated area to ensure
coordination of uses, access and circulation, landscaping, and maintenance of
natural/environmentally sensitive areas.
-Requires collector road accessibility, water and sewer availability, and compatibility
with adjacent land uses." (emphasis added)(see Attachment E)
Page 27 of the Proposed Revision to the Land Use Plan states:
"Due to the potential impact of the Western Bypass, the area north of Rio Road, west of
Berkmar Drive and east of Woodbum Road, was designated Transitional. This
designation will allow for a wide flexibility of uses and allow uses that would be
compatible with the bypass, and too, provide a transition to the residential property
to the west. Access to Woodbum Road from properties located between Berkmar Drive
and Woodbum Drive is prohibited. Proposed development which impacts on the bypass
development shall be discouraged." (emphasis added)(see Attachment E)
Based on these comments from the Proposed Revision to the Land Use Plan, as recommended by
the Planning Commission, this request would be consistent with the updated Comprehensive
Plan, if adopted.
STAFF COMMENT:
In addition to the provisions of the Comprehensive Plan, the primary issues to address for this
request are:
- use allowed under C-1 zoning;
- impact on surrounding properties and the proposed Western Bypass; and
- traffic impacts
These will be considered in mm, along with several site plan items.
Uses Allowed under C-1 Zonin~
Although the C-1 district is generally consistent with the new Transitional Land Use designa.rion,
it allows some uses which could be undesirable in this area. Limits to uses allowed would be
applied through review of special use permns and/or zoning map amendments. The Applicant
has proffered to limit the uses to those that would not be expected to be undesirable. The
proffers are provided in Attachment A. (Note: Staff anticipates receipt of revised proffers from
the Applicant which address concerns of the County Attorney regarding enforcement and
clarity.)
Impact on Agnor-Hurt Elementary_ School
In conjunction with the rezoning request, the Applicant has submitted a site development plan for
the area under consideration. During the site plan review process, staff can ensure that the
development satisfies the requirements of the Zoning Ordinance. The Applicant has proffered to
eliminate certain uses that would have the greatest negative impact on surrounding properties.
Staff opinion is that this rezoning would not have an adverse impact on the school property.
Iml~flct on Bv-nass Develonment
In previous reports for activity on this site staff has noted that the site is affected by the
alignment of the proposed Route 29 Bypass. The recently revised alignment for the bypass may
not involve this site at all or may involve only the rear portion of the site. Therefore, staff
opinion is that approval of this request would not adversely affect the alignment of the bypass.
Traffic Impacts
This site will be served by an entrance located adjacent to the intersection of Woodbrook Drive
and Berkmar Drive, and will utilize the existing signal at this intersection. This will conform to
the prohibition of access to Woodbum Road outlined in the Proposed Revision to the Land Use
Plato
The Virginia Department of Transportation states:
"A traffic impact study is needed for the site development to better address needed lanes
and geometrics. Because of the vertical approach of the existing Woodbrook Drive with
Berkmar there may need to be adjustments to signal heads and timing sequence. There
also may be a need for an additional lane on Berkmar to handle left mm traffic, which
would necessitate dedication of right of way along Berkmar for this addition. The
commercial usage of property will bring more traffic to the road than previous zoning."
(See Attachment F)
During the site plan review process, staff can ensure that this limited traffic impact study and any
necessary upgrades to the existing signal and lanes occur.
4
Site Plan Items
The preliminary site plan which was submitted in support of this rezoning is proceeding in the
administrative review process. No action on this site plan is required the Planning Commission.
However, the following items require Planning Commission action separate from the rezoning
action. The Board of Supervisors need not act on these modifications. Staffhas identified the
need for the following modifications:
Grading in 20 ft. Buffer Zone - Section 21.7.3 of the Zoning Ordinance requires a
20 foot buffer zone between commercial and residential districts in which no grading
is allowed unless permitted by the Commission where it has been demonstrated that
grading or clearing is necessary or would result in an improved site design, provided
that: all ntinimum screening requirements are met; and b) existing landscaping in
excess of minimum requirements is substantially restored.
There is one area indicated on the site plan where grading is proposed within the 20
foot buffer. This area is adjacent to the property to the west, Tax Map 45, Parcel
91(part), owned by William W. Stevenson, and Parcel 90, owned by Charlie and
Geneva Anderson. Parcel 91(part) is zoned R-6, Residential, but is currently under
review to be rezoned to C-l, Commercial (ZMA 95-23). In the event that ZMA 95-
23 is approved, then no modification for the buffer will be required on this section of
the site under review. However, because ZMA 95-23 has not yet been approved, staff
has reviewed this rezoning request assuming that Parcel 91(part) is zoned R-6,
Residential. Parcel 90 is also zoned R-6, Residential.
A copy of the Applicant's request and justification is attached (See Attachment G).
This modification request is in response to a request made by the Virginia Department
of Transportation to align the entrance to this property with the entrance to the
property directly across Woodbrook Drive Extended, which is currently under review
to be rezoned as well (ZMA 95-23). VDOT supports the revised entrance alignment
as shown on the site plan (see Attachment J). The trees currently in this location are
mostly deciduous. Staff feels that the buffer could be improved upon through this
modification by requiring the planting of a double staggered row of evergreen trees
planted fifteen (15) feet on center, or a double staggered row of evergreen shrubs
planted ten (10) feet on center. Staff will include as a condition of final approval the
receipt of necessary offsite easements to allow consuuction of this development, to
include alignment of the entrance in general accord with the ske plan dated April 15,
1996, Berkmar Northwest. This may include, but is not limited to, grading and access
easements. The adjacent properties are recommended for Transitional use in the
Proposed Revision to the Land Use Plan. Parcel 91(part) is not currently used for
residential uses. Parcel 90 is currently used for residential uses. Staffopinion is that
maintenance of the 20 foot buffer does not forward the purpose of the ordinance.
Therefore, smffrecommends approval ora modification of the 20 foot buffer required
by Section 21.7.3.
Critical Slopes - A modification is needed for two small areas of critical slopes (over
25%) which are included in areas proposed for development near the western
boundary of the property. Extensive areas of critical slopes toward the front (eastern)
portion of the property are man-made and, therefore, are inconsequential and do not
require a modification. The area of critical slopes toward the northern pOrtion of the
property will be disturbed for a rip rap drainage swale and, therefore, does not require
a modification (Sect. 4.2.2.2). A copy of the Applicant's request and justification is
attached (See Attachment H).
Grading is to occur on the two areas of critical slt~pes which require modification.
The area nearest the northwest edge of the property is part of a wooded buffer
indicated in the Open Space Plan (p.24). The Engineering Department supports this
request (See Attachment I). These areas are relatively small and would not appear to
cause environmental problems if disturbed, as long as appropriate erosion and
sedimentation controls are in place as required for the other disturbed areas. Staff
opinion is that strict application of the regulations concerning critical slopes would
not forward the purposes of the Zoning Ordinance (See Sect. 4.2.5.2'). Therefore,
staff recommends approval of the modification request to allow disturbance of critical
slopes as shown on the preliminary site plan.
SUMMARY:
Staff has identified the following factors which are favorable to this request:
The request is for C-1 zoning, which is consistent with the land use designation
recommended by the Planning Commission in the Proposed Revision to the Land Use Plan.
2. Development is not within the alignment of the Alternative 10 bypass.
3. Development uses are limited by proffer.
Staff has identified the following factors which are unfavorable to this request:
1. The request is inconsistent with the current Comprehensive Plan land use designation.
Rezoning to commercial would be contrary to Board's past action and developer agreement
to realign Berkmar Drive Extension as parr of the Rio Hills Shopping Center development,
with residential zoning established on the west side of Berkmar Drive and commercial zoning
on the east side. (This was based on the current Comprehensive Plan.)
It should be noted that adoption of the proposed revisions to the Land Use Plan will negate these
unfavorable factors.
RECOMMENDED ACTION:
Upon positive consideration of the recommended change to the land use designation for this area,
staff recommends approval of this request.
ATTACHMENTS:
A - Applicant's Description, Justification and proffers
B - Location Map
C - Tax Map
D - Text of Comprehensive Plan for the review area
E - Text of Proposed Revision to the Land Use Plan for the review area
F - VDOT Comments
G - Request and Justification for Modification of 20 foot Buffer
H - Request and Justification for Critical Slopes Waiver
[ - Engineering Memorandum regarding Critical Slopes Waiver
A:~x~[A9525.RPT
7
Depal-:ment of
401 McIntire Ro,
Charlottesville, VA 22902-4596
(804)
~ Major ( ) Minor
Deferral ( ) W/drawn
( ) Revision (minor amendment)
REZONING
O~TNER (as curre~t%y lSsted in Real Estate)
Naane ~ ..... ~ ......... A~l~ Phone (804) 979 -8181
~-PPLICkNT (if different from above)
Name GILP~Y, L.L.C. (Contract Purchaser)
Phone (804) 978- 1766
Address 630 Berkmar Circle, P.O. Box 6335, Charlottesville, VA 22906
CONTACT PERSON/DESIGNATED AGENT
Name George H. Gilliam
.Address
PROP~TY
PROPOSED
(if different from .above)
Phone (804)-296-2161
( ) -__
Day Phone
P.O. Box 2737,, Charlottesville, VA 22902
LOCATION: N.W. Corner of Berkmar at Woodbrook
ZONING: C-1
PLEASE PROVIDE A DESCRIPTION AND JUSTIFICATION OF YOUR REQUEST
BACK OF THIS SHEET.
OFFICE USE ONLY
MAP/PARCEL: TM 45, Parcel 109C
-0_0_ - QQ -
**see reverse side for
additional T~/p space.
ZONED: R-6 OP~IN~CE SECTION: ~, ~, }
EXISTING USE: vacan~
PROPOSED USE: commercial
( ) Special Per,Air ( ) Variance
(X) Proffers See ~ached ( ) Letter of Authorization
Magisterial District
Site Review __/ / Planner: Recommendation
Planning co~ssion: __/__/_ Action:
Board of Supe~;isors: __/__J__ Action:
Request is
office buitdin8
:zone approximatel,~.~2, 28 acr~ c use as low-rise
JUSTIFICATION OF REQUEST:
(Please at-e~-h additional information as need
Proposed chan~es in Comprehensive Plan will designat~e, this .property for
transitional uses. With the exte~s'ion of Berkmar Dri' ye, the proposed
corrider for the by-pass and the.development of the neighborhood, the
use of this parcel for liEht commercial uses seems appropriate.
Tax Map/Parcel
I hereby certify that the informa~on
accompanying information is accul-a~.~,
my knowledge and belief./~
/
Signature DaT~
Pla~,ed Deveiopments
1) Under 50 acres
2) ~ver 50 acres
Minor Amendmen=s
$ 815.00
$1,225.00
$ 175.00
provided on this application and
t_rue and correct to the best of
Receip= # Date
9that Rezonings
1) Under 50 acres $ 815.0
2) Over 50 acres $1,215.~
DEFFERAL
1) Specific date $ 2'
2) Indefinite
Date: 12-22-95 ZMA #
PROFFER FORM
Tax Map Parcel(s)#
Original Proffer X
Amended Proffer
(Amendmem # __)
TM 45 Parcel 109 C
2.28± Acres to be rezoned from R-6 to C-1
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 pan 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.
(1)
The following by-right uses will be deleted: Those described in
§ 22.2.1(a) 3, 4, 10, 15, and Co) 3, 4, 7, 9, 11, 13, 16, 20, 22, 23
and 25.
RIO ASSOCIATES LIMITED PARTNERSHIP
By: C/~'l~t.~ b~. ~lp_~
Signatures of All Owners ~}~z~..~[ · Printed Names of All Owners
Date
OR
Signature of Attorney-in-Fact Printed Name of Attorney-in-Fact
/Attach Proper Power of Attorney)
ALBEMARLE
COUNTY
I ATTACHMENT C I
........ CHARLOTTESVILLE, RIVANNA ~ SECTION 45
'~--' ..... ,' dACK JOUETT DISTRI(~TS
I ATTACHMENT D I
and ultimately to the new Moores Creek Wasrewarer
Treatment Plant through the Rivanna Interceptor.
ROADS
Woodbum Ro~I is currently inedeClUa~ to sup-
-'portextensi~ residential development, thus making
the Berkmar Drive Extension now under development
': important .to opening up the highe~ density residential
area'n6rth'ofRio Road. Route 29 is a congested route
along the eastern side of the neighborhood, with
limired direct access allowed to parcels north of Rio
RoacL
I~COM1V~NDA~ION S:
· Continue current land use trends (commerdal and
industrial development along Route 29 North and
residential development to the west) with pri,
marily medium density residential development
along Rio Road and medium and high density
along Woodburn Road in areas presently un-
developed. It is intended that no commercial
development occur west of the proposed exten-
sion of Berl~nar Drive.
· Maintain permanent public recreational uses on a
parcel of County-owned land on Whitewood Roae,
presently thC jogging park site.
· Include the area along the Rivanna Reservoh' west
of Woodburn Road. north of Rio Road and east of
Route 743 in the Rivanna River Greenway Cor-
ridor. This provides a connection of the Ivy Creek
Natural Area to the Urban Area and provides an op-
portunity for passive recreation adjacent to tl~e
Urban Area.
· Low density residential areas along Hydraulic Road
between Whitewood Road and Commonwealth
Drive may be suitable for medium density use with
controlled access from Hydraulic Road and buffer-
ing from low density residential use.
· Further development plans along Route 29 North
are to be sensitive to its status as an entry corridor
to the Urban Area. Access properties along Route
29 North through joint access points, frontage
roads, and side streets.
· Transportation improvements include:
- ~rtden Hydraulic Road and Rio Road to four-
five lanes between Roum 29 North and
Whitewdx~l Road.
- 'Extension of Greenbrier Drive to the Hy-
draulic Road intersection.
- Reconstruction of Peylon Drive between
Commonw~Ith Drive and Gz~-~bri~ Drip.
- Complete extension ofBerkmar Dri~ to the
l-liTton Road.
Utility improvements include:
- Install gravity sewer lines from north of Rio
Road and west of Route 29 North to existing
· lines east of Route 29 North with sizing to
basin pumping should be restricted.
- Install new sewer trunk line through Neigh-
borhood Two to thc Rivanna Interceptor.
- R~locare Route 29 North utilities as necessi-
tated by improvements to Route 29 North.
- E~aluare the Four Seasons Detention Basin
for its engineering and feasibility.
- Construct Bimam Detention g;~Sin-in the
area of Wynddge and Greenbriar Drive
tended.
- E~r41uare Berkeley Storm Sewer, Phase II, for
need and feasibility,
- Improve Four Seasons Drive channel en-
trance and outlet conditions at existing
culvertS.
TABLE 47
DEVELOPMENT POTENTIAL
NEIGHBORHOOD ONE
DEVELOPABLE DWELLING
ACREAGE UNITS
Residentfal - Low 8 B-32
Residential - Medium 44 176-440
Residential - High 75 751-1500
RESIDENTIAL SUBTOTAL 127 935-1972
Neighborhood Service 3
Community Sen4ce 36
Regional 5ewice 51.
Industrial Service 29
Public 20
NON-RESIDENTIAL SUBTOTAL ' 139
UNDEVELOPED [AND TOTAL 266
.Source: A/bemade County Deparlment of PJanrfing and
CommuniP/~eiopmen£; 1988
164
Strategies for ResidenfiM Land Use:
Establish maximum gross development density of each residential category, but
determine density of development up to maximum based on specific standards. Two
ranges of residential development densities applicable in the Growth Areas stipulated
below are as follows:
Neighborhood Density Residential
-Recommended gross density of 3 to 6 dwellings per acre;
- Applies to Urban Area, Communities, and Villages;
- Includes all dwelling unit types;
- Within any existing subdivision new development shall be in keeping with the
scale/densily of the existing development. Adjacent properties shall be
developed at higher densities to support infill development efforts.
Urban Density Residential
- Recommended gross density of 6.01 to 20 dwellings per acre, with poss~le
density of up to 34 dwellings per acre for planned residential developments;
- Applies to Urban Area and Communities only;
- Intended for other-than single family detached dwellings;
- These areas are not intended for development at densities below 6 dwellings
per acre.
Development is expected to occur within these ranges and, to the greatest extent
practicable, to maximize the developed density.
Base development standards on enmromnental criteria, road function and condition,
available utilities, adjacent land uses, and site requirements.
Maintain statements in the Zoning Ordinance that site development should be based
on standards in both the Comprehensive Plan and Zoning Ordinance.
5 All Comprehensive Plan standards should be reviewed in conjunction with development
proposals.
Cnsitional Land Use
- Transitional areas are intended to be used primarily between residential areas and
commercial or industrial areas, or in areas where flexibility of land uses may be
necessary or appropriate to blend changing circumstances (e.g., where long-term public
improvements are anticipated, or areas where redevelopment/re-use is being encouraged).
1
I
1
- Transitional land uses include non-residential land use on the scale of Neighborhood
Service and Office Service, as defined in the next section of this chapter, as well as
Urban density residential uses in areas of Urban Neighborhoods and Communities that
are situated between low-density residential uses and any other of the more intensive
non-residential land uses described in the next section.
- Uses include neighborhood-scale shopping centers, office buildings, townhouses and
apartment buildings.
- Areas should be developed under an overall plan for the designated area to ensure
coordination of uses, access and circulation, landscaping, and maintenance of
natural/environmentally sensitive areas.
- Requires, collector road accessibility, water and sewer availability, and
compatibility with adjacent land uses.
Non-Residential Land Use Designations
OBJECTIVE: Establish a mix of commercial, industrial, and open space, and public land
uses in designated Growth Areas to support County needs.
The Count, s Economic Development policy indicates the desirability of a wide range of
business and employment opportunities. The availability of jobs and services for the County's
future population requires sufficient land to locate such activities. The County's growth
management approach requires that such land be located in Growth Areas. Commercial and
industrial designations are confined to designated Growth Areas. In Chapter One, it was
established that more than sufficient designated acreage exists to meet commercial and industrial
land use needs for the next twenty years. The actual development of this land will be dependent
on its developability and availability. As with residential areas, land for commercial; industrial,
office, and public facilities needs to be--over the 20-year time flame--developable, and
locationally desirable. Typical primary uses should be identified for each designation, with
appropriate seconda~ uses, which would be limited to certain percentages of the designated
area, also identified. Percentages to be devoted to secondary uses can be identified in the Zoning
Ordinance.
To assure that developmem of these areas adequately addresses environmental, infrastructure,
and land use considerations necessitates appropriate County standards and guidelines identified
in this Plan.
Strategy for Non-residential Land Use:
Establish non-residential land use designations for Growth Areas that provide for a
variety of scales of development and intended service populations and stress a mixed-use
orientation.
22
Moores Creek Wastewater Treatment Plant through the Rivanna Interceptor.
PUBLIC FACILITIES
Agnor Hurt Elementary, the Seminole Trail Fire Station and Whitewood Park are located in the
neighborhood, as well as a boat access to the South Fork Rivanna River at the end of Woodburn
Road. Adjacent to the Neighborhood is the Jouett, Crreer, and Albemarle High School complex.
Public Facilities are adequate in the area.
RECOMMENDATIONS:
Due to the potential impact of the Western Bypass, the area north of Rio Road, west of
Berkmar Drive and east of Woodburn Road, was designated Transitional. This
designation will allow for a wide flexibility of uses and allow uses that would be
compatible with the bypass, and to, provide a transition to the residential property to the
west. Access to Woodburn Road from properties located between Berkmar Drive and
Woodbum Drive is prohibited. Proposed development which impacts on the bypass
development shall be discouraged. ~
Development of the Regional and Community Service areas along Hydraulic Road
between Commonwealth Drive and Route 29 should attempt to mitigate traffic impact on
Hydraulic Road through a consolidated entrance, frontage road and internal roads.
Further development plans along Route 29 North are to be sensitive to its status as an
Entrance Corridor Roadway.
· Transportation improvemems include:
Provide landscaping, sidewalks and bicycle facilities along Route 29 to enhance
this corridor as the County's major business district.
Widen Hydraulic Road and Rio Road to four lanes between Route 29 North
and Whitewood Road. Include sidewalks and bicycle facilities in conjunction
with this project.
Improve traffic circulation in the large residential area located between Hydraulic
and Rio Roads with the extension of Greenbrier Drive to Hydraulic Road.
Provide additional pavement width to accommodate bicycles and construct
sidewalks along the south side of the new roadway.
Provide a greenway along the South Fork &the Rivanna River This provides a
connection &the Ivy Creek Natural Area to the Urban Area and provides an
opportunity for passive recreation adjacent to the Urban Area.
27
ATTACHMENT F 1
~r. Ron Keeler
February Public Hearings
Page 3
January 19, 1996
ZMA-95-23 Berkmar Land Trust/First Inters~ase Charlottesville~ LTD.f Route
1403
A traffic impact study is needed for the site development to better address
needed lanes and geometrics. Because of the vertical approach of the existing
Woodbrook Drive with Berkmar there may need to be adjustments to signal heads
and timing sequence. There also may be need for an additional lane on Berkmar
to handle left turn traffic, which would necessitate dedication of right of
way along Berkmar for this addition. The commercial usage of property will
bring more traffic to the road than previous zoning.
ZFL%-95-24 Forest Lakes ~sociates Route 29
ZMA-95-25 Gilray, L.L.C. Route 1403
See 95-23 above.
If you have any questions, please advise.
Yours truly,
~ills
~ssi~tan~ Re~i~nt ~n~inee~
HWM/ldw
J. R. Kesterson
Irma voriKutzleben
Jim Call
TUE
LAW OFFIUP38
e~ILI,IAM, St~O'I'T 8{; KRONER, P.C.
April 16, 1996
Ms, Claudia L. Paine
Senior Planner
Dopartmcnt of Planning and Community Development
County of Albemarle
401 Mclntire Road
Charlottesville, VA 22901-4596
Pt nnir;f Dept.
Re: ZMA 95-25, Gilrav,.L,L.C.
Ms. Paine:
On behalf of Rio Associates Limited Partnership and Gilray, L.L.C., I request that rite
Albemarle County Planning Commission waive the restrictions against grading h~ the 20'
buffer zone (Section 21.7.3). This request is made in re~gponse to a request made by the
Virginia Department of Transportation to align the entrance to this property with the entrance
to lbe property across Woodbrook Drive Extended. In order to achieve this, it is necessary to
move our entrance to the r~ar of rite property, and some amount of grading iii the 20' buffer
will be required. We understand that it may be advisable to remove the existing vegetation
from the buffer area because it will permit greater screening and will. in fact, enhance the
overall landscape of the area,
Please present this Lequcst to thc Planning Commission at the time the rezoning is
before the Commission.
Sincerely yours,
eor~ H. Oillia,~-- ~n'
OllG/¢d
Bnclosurc
tATTACHME.T .1
J. THOMAS GALE, L.S.
MARILYNN R. GALE. L.S.
WILLIAM S. ROUDABUSH, L.$
ROUDABUSH, GAI.E & ASSOC., INC.
PROFE.$SIOIqAL COE POEATIOI~
MONTICELLO ROAD
March 25, 1996
Claudia L. Paine
Senior Planner
Dept. of Planning & Community Development
County of Albemarle
401 McInfire Road
Charlottesville, Va. 22902
RE: Berkmar NW., Phase 1 Site Plan - SDP-96-016
Dear Claudia,
I am writing to request a modification of Section 4.2.3.2 (Zoning Ordinance) as it
applies to construction within existing slopes of 25% or greater. These existing slopes
that we are working in are manmade slopes created by the construction of Berkmar
Drive Extended. We are having to cut the grades on this site in order to make our
proposed parking lot and it's entrance meet the grades at Woodbrook Drive Extended as
it is proposed on the road plans produced by Huffman Associates. These plans are
currently being reviewed by VDOT and Albemarle County.
We are also requesting permission io create a narrow rip rap drainage swale at the
northeastern end of this site. Parts of this swale would be within existing slopes of 25%
or greater. This would allow stormwater from the northern end of our Phase One
development to be directed into an existing 30" RCP storm pipe (and headwall) that
carries water to the existing detention basin near Keglers. This swale would be removed
once this portion of the site is developed during Phase Two. The regulations concerning
on-site drainage divides require that this storm water be directed in this particular
direction.
These requests would not cause any adverse impacts in terms of erosion control,
sedimentation or water pollution nor would they constitute a loss of aesthetic resource.
We do not anticipate having to move any rock and this site does not lie anywhere close
to a flood plain.
In closing, we do not feel that strict application of the requirements of Section 4232
would forward the purpose of this ordinance or best serve the public's interest. Because
of the unusual size, shape and topography of this site, the requirements of Section
423.2 would unreasonably restrict the use of this property.
Sincerely, /
Brent W. Nelson
COUNTY OF ALBEMARLE
MEMORANDUM
IATTACHMENT I]
fiPfi-! 1 1996
Piannin§ DepL
TO:
FROM:
DATE:
RE:
Claudia Paine, Senior Planner
Andre' S. Williams, Civil Engineer II /~03
11 April 1996
Berkmar Northwest - Critical Slope Waiver (SDP-96-016)
The request for modification of Section 4.2, to develop on critical slopes received 25 March
1996, has been reviewed. The critical slopes, which constitute about 20% of the total area, are
located in several areas on the site. Approximately 70% are the manmade side slopes of Berkmar
Drive created during its construction and the remainder are two relatively small areas located in
the eastern and western comer of the site. The existing site is mostly grassy knoll with a portion
of wooded area located in the northern comer. Below, each of the concerns specified in Section
4.2 is addressed:
Rapid and/or large-scale movement of soil and rock
Proposed grading for parking and buildings will cut the slopes along Berkmar Drive and the
western comer. The remaining slope will be graded by a proposed drainage swale. In the
elimination of the critical slopes, no large scale movement of soil will occur. Engineering
will require the installation of erosion control measures to prevent excessive soil loss.
Excessive stormwater run-off
The existing areas of critical slope to be developed should not generate mn-off volumes
beyond what is reasonably expected from commercial sites. The runoff will increase due to
the added impervious areas, but the proposed development and subsequent mn-offwill: be
handled by Kegler's Basin.
Siltation of natural and man-made bodies of water
Siltation will be controlled through an erosion and sediment control plan for the
development. As a condition to this erosion control plan the site will be permanently
stabilized prior to completion.
MEMORANDUM
RE: Berkmar Northwest - Critical Slope Waiver (SDP-96-016)
11 April 1996
Page Two
Loss of aesthetic resource
The existing conditions consist ora grassy knoll above the adjacent roadway and a wooded
area sloping towards the northern comer. As indicated, the critical slopes were created
during the eons~xuction of Berkmar Drive.
Greater travel distance of sentic effluent
The site will be served by public water and sewer.
Based on the review presented above, Albemarle County Engineenng supports the request to
develop on critical slopes as shown on the preliminary site plan received 25 March 1996. If you
have any questions concerning this subject, please contact me or Jack Kelsey at 296-5861.
ASW/ss
DAVID R. GEHR
COMMISSIONER
COMMONWEALTH o[ VIRQINIRJanr i 9 Deot
DEPARTMENT OF TRANSPORTATION
701 VOOT WAY
CH^RLOTTESVtLLt~. 22911 ~ G. ~CKER
R~IDENT ENGINE~
April 16, 1996
Berkmar Northwest Site Plan
Route 1403, Albemarle County
MS. Claudia Paine
Dept. of Planning &
Community Development
401 McIntire Road
Charlottesville, VA.
22902
Dear Ms. Paine:
This is in reference to our discussion today re~arding the Berkmar Northwest
entrance onto Woodbrook Drive Extended.
As shown on the site plan, with a revision date of March 25, 199~, the newly
a%igned entrance supports our previous comments and enhances public safety along
Woodbrook Drive Extended. Due to the close proximity of the commercial entrances
to the Woodbrook/Berkmar intersection, it is imperative that these commercial
entrances align.
We will provide additional comments upon the formal submittal of this site
plan prior to final approval. Thank you for your support in addressing the safety
needs for traffic in this area. If you have any questions, please contact this
offica.
Sincerely,
AGT/ldw
cc: Jack Kelsey
TRANSPORT,~TION FOR THE 21ST CENTURY
April 15, 1996
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mclntire Road
Char}ottesv~tle, Virginia 22902-4596
(804) 296-5823
Jr
811 Preston Avenue
Charlottesville, VA 22903
RE: SP-96-08 Dr. Charles H. Wood, Jr
Tax Map 32, Parcel 38
Dear Dr. Wood:
The Albemarle County Planning Commission, at its meeting on April 9, 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:
1
The building plans for renovations shall provide for sound attenuation to the adjoining
space such that sound levels from this use will not exceed 40 decibels.
This use shall have no outdoor runs or pens.
Fencing shall be maintained adjacent to the agricultural/residential property to the rear of
this property (Parcel 39).
Please be advised that the Albemarle Cohnty Board of Supervisors will review this petition and
receive public comment at their meeting on Mav 8. 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,
Senior Planner
RAL/jcf
cc: l~'~[ia~a Carey
Jo Higgins
Amelia McCuiley
Mrs. Henr-2~ R. Hansen
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF'SUPERVISORS:
RON LILLEY
APRIL 9, 1996
MAY 8, 1996
SP 96-08. Dr. Charles H. Wood. Jr.
Applicant's Pronosai: To establish a veterinary office and hospital for small animals in an
existing building at Airport Plaza.
Petition: To grant special use permit approval ora veterinary clinic in the C-1 district [Section
22.2.2(5) o£the Zoning Ordinance]. Property, described as Tax Map 32, Parcel 38, is located at
the northwest comer of Route 29 North and Airport Road (Route 649), in the Rivanna
Magisterial District {'see Attachment A for a location map). The property is zoned C-t and is
designated for Regional Service use in the Hollymead Community.
Character of the Area: The subject property is developed as "Airport Plaza," containing a mix
of small office and service establishments in a long narrow building parallel to Route 29. The
surrounding area is predominantly commercial along Route 29 and the property to the rear of
Airport Plaza (parcel 39) is zoned C-1 but is used agriculturally with a farm house on it.
RECOMMENDATION:
Staff has reviewed the special use permit for compliance with the provisions of Section 31.2.4.1
of the Zoning Ord'mance and recommends approval.
STAFF COMMENT:
The applicant's description of the proposal is provided as Attachment B. As noted, this will be
an "outpatient" clinic and will not involve pet boarding or outside runs or kennels. The applicant
will be required by conditions to provide for noise attenuation.
Regarding the criteria for issuance of a special use permit, staff opinion is that:
The use will not be of substantial detriment to adjacent property;
Based on the building design to minimize sound and the lack of outdoor runs,
impact on residential areas should be no greater than would occur with a standard
office use. As noted by the applicant, sufficient parking exists on site and traffic
on Route 29 is not expected to be any greater than what is allowed by-right. Also
noted by the applicant is the expectation that any noise generated by this nsc
would probably be overcome by the ambient noise related to Route 29 traffic
flow.
the character of the district will not be changed;
The introduction of a veterinary clinic on this site as proposed results in no
peculiar design which would differentiate this site from any other office use.
the use will be in harmony with the purpose and intent of the Zoning
Ordinance and with the uses in the area and with additional regulations
provided in Section 5.0 of this ordinance;
Staff is unable to identify any conflict between this request and the purpose and
intent of the ordinance.
Section 5.1.11 contains additional regulations. The animals are proposed to be
housed only in soundproof confinements and no outdoor runs are proposed.
Section 5.1.11 (b) states "For soundproof confinements, no such structure shall
be located closer than 200 feet to any agricultural or residential lot line and noise
measured at the nearest agricultural of residential property line shall not exceed
forty (40) decibels."
The existing build'rog is over 300 feet from the nearest residential zoning district
(Airport Acres). Though the adjacent property to the rear is used agriculturally
and contains a residence, it is zoned C-1 and does not trigger the separation
requirement. There is a fence and tree line between the subject property and the
agricultural property. Staffopinionis that the required200' setback is intended to
minimize the potential conflict (such as noise or loose animals) of animals and
residential lots. The fence and tree line between this site and the
agricultural/residential property will likely prevent any potential conflict caused
by animals which are briefly outside. Staff recommends that the ma'mtenance of
such a fence be a condition of approval' for this use.
Section 5.1.1 l(d) states "In areas where such uses may be in proximity to other
uses revolving intensive activity such as shopp'mg centers or other urban density
locations, special attention is required to protect the public health and welfare. To
these ends the commission and board may require among other things:
- separate building entrance and exit to avoid animal conflicts;
- area for outside exercise to be exclusive from access by the public by fencing or
other means."
The proposed clinic would be in the same building with other office/service uses,
occupying the northern end of the building. The building already has a separate
entrance for this use and there is an area to the side of the building where dogs can
be walked, as necessary, without interfering with other uses in the building.
2
Noise from animals to the office unit next door is a potential problem, but can be
minimized with appropriate wall soundproofing. Staff recommends a condition
that such soundproofing be provided. The applicant has indicated support for this
condition. Based on the Zoning Ordinance standard ora 40 decibel limit at lot
lines, staff recommends a 40 decibel limit to the unit next door.
Staff opinion is that with the provision of fencing and building renovations to
limit sound, the intent of Section 5.0 will be met.
the use will be consistent with public health and welfare.
Veterinary clinics are a-use that have b. een anticipated in commercial zomng
districts. There is nothing unusually hazardous or objectionable about this
proposed clinic.
Recommended Action:
Staff opinion is that with appropriate conditions approval of this request will result in no negative
impacts and therefore staff recommends approval of this request subject to the following
conditions:
1. The building plans for renovations shall provide for sound attenuation to the
adjoining space such that sound levels from this use will not exceed 40 decibels.
2. This use shall have no outdoor runs or pens.
3. Fencing shall be maintained adjacem To the agricultural/residential
property to the rear of this property (Parcel 39).
ATTACHMENTS:
A - Location and Zoning Map
B - Applicant's text
I:\general\share\lilley\wood.rpt
ALBEMARLE
20
COUNTY
I ATTAC H MENT A I
~/RA
/ RA
I
I
SECTION 32
PAGE NUMBER 10
OLD DOMINION ANIMAL HOSPITAL
811 Preston Avenue
Charlottesville VA 22903
(804) 971-3500
TO: Members of the Albemarle County Planning Commission
FROM: Dr. Charles H. Wood. Jr., Owner Old Dominion Animal Hospital
DATE: February 26, 1996
RE:
Special Use Permit Application to Operate A Veterinary Clinic In Leased
Space At Airport Plaza Shopping Center On 29 North.
Please find attached an application for a special use permit. I am submitting this
application for a special use permit in order to operate a veterinary clinic in the Airport
Plaza Shopping Center on 29 North. This will be a small animal facility treating dogs,
cats, birds and other pocket pets such as hamsters and rabbits. The proposed animal
clinic will be a medical facility only and will not be involved in pet boarding or grooming.
The clinic will be open from 7:30 A.M to 6:00 P.M. Monday through Friday and on
Saturdays from 8:00 A.M. to 12:00 Noon. There will be no Sunday hours.
I have been practicing veterinary medicine in this area for 15 years and currently
own Old Dominion Animal Hospital on the corner of Preston Avenue and Rose Hill
Drive in the City. Before building my own building on Preston Avenue, I operated the
hospital in a rented space in the Mclntire Shopping Center for seven years. The
practica there proved to be an asset to the shopping center and led to an increase in
customers to the area as well as to improvements to the shopping center.
The proposed animal clinic at Airport Plaza has the same potential for success.
The new facility will allow for easy accessibility to a veterinary facility for the residents
in the ever-growing area around Airport Road. Located across from Forest Lakes
subdivision and further developments in that area, the new clinic will meet a need for
those county residents who seek quality care for their pets near home. Many of these
residents now seek veterinary care at facilities in Ruckersville, finding the nearest clinic
to be in Greene County.
Animal patients will be seen in the Airport Animal Clinic for healthy, preventive care
such as vaccinations and heartworm tests, as well as for sickness. All ill patients will
be treated and stabilized at the Airport Animal Clinic, but if they require extensive work-
ups, treatments or prolonged hospitalization they will be transferred to Old Dominion
Animal Hospital which is fully equipped to handle critical care cases. All emergencies
which occur overnight will be directed to Old Dominion as wall. On Friday, Saturday,
and Sunday all emergencfes will be directed to the Veterinary Emergency Treatment
Service, located on Greenbrier Drive, of which I am a founding member.
Airport Animal Clinic will follow the guidelines and procedures used by other animal
hospitals currently licensed in the area. All animals that are hospitalized at the Airport
Animal Clinic will be confined to cages. There will be no outside runs or kennels. Dogs
will be walked outside, on leash, if needs arise. All animal waste will be bagged in
plastic bags and disposed of by a commercial trash service. Any deceased animals will
be picked up and taken to the Charlottesville-Albemarle S.P.C.A. for cremation
I anticipate the clinic operating with one veterinarian on staff, one veterinary
technician, and one receptionist. I hope to provide personalized, individual care for our
patients that can be achieved more easily with a small facility and staff. I also
anticipate upgrades to the leased space once the permit is obtained, to include painting
and landscaping. Our hospital in Charlottesville received recognition for its beautiful
flowar displays from the Charlottesville-Albemarle Council of Garden Clubs. I feel
pleasant surroundings are enjoyed not only by the patients but by passersby as wall.
I have contacted Mr. Gary Rice at the Thomas Jefferson Health Department
concerning possible water and land use impact. He has reviewad the proposal, finding
no cause for concern, and has recommended approval of the clinic at Airport Plaza.
Providing more than adequate distance between neighboring sites, the animal clinic will
be located so that there is no residential or agricultural property within 300 feet. With
all animals housed fully indoors and with the noise of traffic flow on 29 North the clinic
will be fully within the County's guidelines. The site was f~3und to provide adequate
parking. One parking space is required for each 100 sq. ft. of gross area in use other
than animal housing. Airport Plaza was found to have plenty of parking space
available.
I look forward to discussing this plan with you fn detail and hope you will recognize
the need for a facility in the area near Airport Road. The space available in the Airport
Plaza ~s quite suitable for a veterinary clinic, particularly as it does not involve changes
to the site or changes in traffic flow to this busy area. If I can provide you with any
further information about the site or about the proposed Airport Animal Clinic please
feel free to contact me at Old Dominion Animal Hospital at 971-3500 or at home at 979-
8850.
CHW/vdw
cc: Board of Supervisors Members
April 15, 1996
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
40i Mclntire Road
Charlottesville, Vkginia 22902-4596
(8O4) 296-5823
Robert Aron
2 Ivy Lane
Charlottesville, VA 22901
RE: SP-96-13 Robert Aron, Tax Map 65, Parcel 7
Dear Mr. Aron:
The Albemarle County Planning Commission, at its meeting on April 9, 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:
Albemarle County Engineering approval of hydrologic and hydraulic computations.
Albemarle County Engineering approval of plans for the dam showing all grading
activities and the existing and revised floodplain.
Albemarle County Engineering approval of an erosion control plan.
Albemarle County Engineering receipt of proof of compliance with dam safet),
regulations through the Virginia Department of Conservation and Recreation.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on May 8, 1996. Any new or additional information
regarding your application must be submitted to the Clerk of the Board of Superv~som at least
seven days prior m 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,
Ronal A. Lil]ey~
Senior Planner
RAL/jcf
cc: l~la Carey
Amelia McCulley
Jo Higgins Frank Hardy
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
RON LILLEY
APRIL 9, 1996
MAY 8, 1996
SP 96-13 - Robert Aron
Applicant's Proposal: To enlarge an existing dam and pond within the lO0-year floodplain of
an unnamed triloi~tary to Mechunk Creek. The applicant desires this enlargement for scenic
and agricultural purposes.
Petition: To grant a Special Use Permit for a dam within the floodplain of the tributary m
Mechunk Creek [Section 30.3.5.2.1 of the Zoning Ordinance]. Property, described as Tax Map
65, Parcel 7, is located on the western side of Route 231, about 1/2 mile north of Cismont in
the Rivanna Magisterial District (Rural Area 2). A location map is included as Attachment A.
Character of the Area: The area is rural, with farms and single family residences on large lots
and wooded areas within the immediate vicinity. The property is within the Kinloch
Agricultural/Forestal District and is with/n the Southwest Mountain Rural Historic District.
RECOMMENDATION: Staffhas 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 enlarged pond is desired for scenic and agricultural purposes and
the new dam would provide a crossing to the applicant's property on the other side of the stream
from the house. The existing pond is located on Parcel 7 (see attached property survey) and the
proposed pond is expected to cover a portion of the adjoining parcel, 7A, which is also owned by
the applicant. According to Engineering Department comments (Attachment B), the floodplain
upstream from the proposed pond may be impacted by the enlarged dam, but the impact is not
expected m go beyond the applicant's property.
Staff has 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.
RECOMMENDED ACTION:
Staff recommends approval of this special use permit request, with the following conditions:
1. Albemarle County Engineering approval of hydrologic and hydraulic computations.
Albemarle County Engineering approval of plans for the dam showing all grading
activities and the existing and revised floodplain.
Albemarle County Engineering approval of an erosion control plan.
Albemarle County Engineering receipt of proof of compliance with dam safety
regulations through the Virginia Department of Conservation and Recreation.
A - Location Map
B - Engineering Dept comments
C - Letter of support
l:\general\shareXlilley\aron.sp
2
ALBEMARLE
COUNTY
?&
SP-96-13
ROBERT ARON
[ATTACHPIENT A I
I"a e l
7-
RIVANNA DISTRIGT
'=--= ........... SECTION 65
TMP 65- !
ROBIN O or
CATHERINE o. BODKIN
D.B.739 P.667
)I.)K~N
6
MP 65-4
KATHLEEN MOREL
L985 P.4!2
TMP 55-4P
STEPHEN v. or
MARY ~ HElM
[),B. 1025 ~,52
iF
OTHER THAN
YMP 65-6
SUSAN M. USHER-JONES
- D.B. i352 P.655
WN HEREON S
\
\
\
\
TAX MAP 65
PARCEL 7A
274-.882 ACRES
iMF 65-6A
i-NOMAS M. SHARP
D.B 1.332 P 6~
,R. 8 f
44.51'
19.96'
78.09'
!2_05'
]0.00' ~'
3.65' -/'
~O.O9'
~7.08'
~NDOLJ%fi C. S~ eY, ol
95,72
D.B.445 P.350 ~
)1
~6.57'
~.23'
)6.78'
L34'
:4.55'
~6:! O'
L27'
9~7~'
4-.79'
5.80'
?.28'
67'
47'
2.04'
2~61 '
00'
).60'
1.60'
5.76'
5.08'
,rMP 60-4-1
dAMES E. or
¥OLANDA ROBERTS
D.B,906 P.460
- [' N RFA!_TY
D.B. ]58 P.255
\
\
END FLOOD ZONE
BEGIN FLOOD lONE
P
TAX MAP 65
PARCEL 8
0,B.243 P.49 ~
D,B.241 P.282
D.B.219 P. 584
D.B.106 P.26
,~AG 4ETIC'
295
500 6Or) 2,,0
TMP 65-92
H E N REALTY CO.
D,B.1158 P.255
"CREEK
LOCUST
50"
-!.F. 23'
eVES, Oi
CREEK
- 300 ZONE
~'FENCED AREA
FLOWER
TAX MAP 65
PARCEL 7
: 5.0~502 AC[-2 ELS __
CREEK
/~ GRAVEL
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t M.F
IN
- PAR
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P.F
O.H.L
COUNTY OF ALBEMARLE
MEMORANDUM
I ATTACHMENT
1996
TO:
Ron Lilley - Senior Planner
FROM: Glenn E. Brooks - Civil Engineer II
DATE: 1 April 1996
Mr. Aron's Dam on Kinloch Farm, Tax Map 65 Parcels 7, 7A & 8
The special use permit for fill in the floodplain to create an earthen dam on Kinloch Farm has
been reviewed. While no sketch plans or correspondence was received with regard to tlfis ~
project, a site visit was conducted on 27 March 1996.
The proposed dam is replacing a much smaller concrete structure which was approximately 6-8'
tall and impounded a pond of approximately one acre. During our visit to the site, we met the
designer, Mr. Kart Gloeckner, who indicated that the new dam would be approximately 30' tall
from the downstream toe. The new pond will cover a larger area on the order often acres.
The existing concrete dam has been drained and excavated around one side. Most of the future
pond area has been cleared, and initial grading cuts have been made around the dam area. A
stone weir has been placed in the excavated area next to the dam to contain silt.
FEMA and USGS maps show the future pond to be located on an intermittent stream. FEMA
shows floodplain computed by approximate methods, approximately 300' wide at the former dam
site, narrowing to between 100-200' at the fork of intermittent streams entering the pond. The
proposed dam will significantly increase this floodplain too approximately the size of the
proposed pun& With properly designed outlet control structures, the downstream floodplain
should not be adversely affected.
From the 1995 plat on file in the Planning Department, the proposed larger dam and pond will
alter the floodplain on the adjacent parcels. However these parcels (7A & 8) belong to Mr. Arnn.
A few farm storage structures, and what appears to be the foundation to an old mill on the
stream, will be affected by the new flood and pond levels. Albemarle Count3, Engineering
recommends approval with the following conditions:
1. Albemarle County Engineering approval of hydrologic and hydraulic computations.
Albemarle County Engineering approval of plans for the dam showing all grading
activities and the existing and revised floodplain.
3. Albemarle County Engineering approval of an erosion control plan.
MEMORANDUM
Mr. Aron's Dam on Kinloch Farm, Tax Map 65 Parcels 7, 7A & 8
1 April 1996
Page Two
Albemarle County Engineering receipt of confirmation of compliance with dam safety
regulations, through the Virginia Department of Conservation and Recreation.
Please contact me at your earliest convenience if you have questions or require additional
information.
GEB/ctj
Copy: SP-96-13
J ATTACHIdENT C J
March ~5', 199 .... ' ~
Mr. Ronald A. Lilley
Senior Planner
County of Albemarle
Dept. of Planning & Community Development
401 Mclntire Road
Charlottesville, VA 22902-4596
Re: SP-96-13 Robert Aron
Dear Mr. Lilley:
Thank you for your letter of March 22nd regarding the above matter.
We will be out of the county on the dates of both the Planning Commission
Meeting and the Board of Supervisors Meeting.
We wish to read into the record that we have no objection to the
enlarging of the existing dam and pond on Kinloch Farm, which is
adjacent to our property.
Sincerely,
H.E.N. Realty
Henry ~r -
cc: Albemarle Board of Supervisors
COUNTY OF ALBEMARL~
BOARD OF SUPERVISORS
March 25, 1996
Mr. Ronald A. Lilley
Senior Planner
County of Albemarle
Dept. of Planning & Community Development
401 Mclntire Road
Charlottesville, VA 22902-4596
Re: SP-96-13 Robert Aron
Dear Mr. Lilley:
Thank you for your letter of March 22nd regarding the above matter.
We will be out of the county on the dates of both the Planning Commission
Meeting and the Board of Supervisors Meeting.
We wish to read into the record that we have no objection to the
enlarging of the existing dam and pond on Kinloch Farm, which is
adjacent to our property.
Sincerely,
H.E.N. Realty
Henry Mend l~.r
cc: Albemarle Board of Supervisors
Millwood Land Trust
751Mlllwood Lane
Cobham, Virginia 22947-1932
Chairman Charlotte Humphris and Members
Board of Supervisors, County of Albemarle
401McIntire Road
Charlottesville, Virginia 22902-4596
RE: BP-96-13-Robert Arch
Dear Chairm~n Humphris and Members:
Although not oresent at the Board of Supervi~se~me~t~i~g~,on
May 8, upon my return to the area I reviewed
SP-96-1~ with interest, and found the
thoughtful, focused, and pertinent.
I offer the following additional comments at the present time
in the snirit of assistance to the County in its review process and
in the hopes that all future work undertaken under the provisions
of SP-96-t~ and its stated conditions, as well as the structure
itself, will not be a detriment to the County or to its citlxens.
As part of our County's infrastructure, with grave consequences
for ill as well as good, dams both publicly and privately owned are
a matter of continuing interest, particularly for those living
downstream from them and consequently most directly affected by any
shortcomings of planning, design, construction, maintenance, or
operation over their usual lifetime of a number of decades.
However, within the last year in the area, community as well as
local attention has been directed to problems which may be associated
with such structures, in the aftermath of the di~astrous regional
flooding as a consequence of the exceptlomal storm of June 2?, 1995.
In neighboring counties this flood event has been cited as one having
a recurrence frequency of perhaps five hundred years. Be that as it
may. hydrologists and geologists tell us that such events are major
architects cf our ~resent landscape, have occurred on occasion all
down through time,~and will most certainly continue to occur.
Albemarle County's Sugar Hollow Dam was a major focus during and
following this event~ operational considerations of the flood gates.
evacuation of downstream residents, emergency communications capabili-
ties. emergency access to the area, flood damages along the watercourse.
and questions concerning the role of the community in planning for
reconstruction.
The Sugar Hollow Dam of course did not fail, but the Timber Lake
earthen dam at Lynchburg did, with tragic and costly consequences.
Flood events do not make distinctions between public and private
ownership, and neither large nor small impounding structures are immune.
One of the most troubling dams in recent history has been Roanoke
Coun~'s. Westvard La~e, with an lmpoun~l~ng capacity of less than fifty
acre ree~, aha a surface area of only a few a~res.
Board of Supervisors
RE, SP-96-13-Robert Aron
For an excellent discussion of the Sugar Hollow Dam situation
and flood related circumstances, reference is made to "Reflections
On the June 1995 Flood: The Ecology and Politics of Emergency
Restoration#, David J. Hirschman, County of Albemarle, Department
of Engineering, nresented on March I~ to the Virginia Water
Conference '96 a~ Staunton, and abstracted in the published proceedings.
Comments O_~n May ~ DlscussloD
I will comment initially on several points advanced or questions
raised in the May 8th discussion itself, and then address the four
conditions stated to which the Board's approval of SP-96-X3 is subject.
i. The statement that the Dam Safety Section of the Division of
Soil and Water Conservation, Department of Conservation and Recreation,
has no Jurisdiction over this project (Ch the basis of its impounding
capacity of less than one hundred acre-feet in combination with the
stated intention of use for agricultural purposes) means among other
things that it will not be subject to periodic inspection under the
regulations of the Commonwealth. Should problems of an emergency
nature arise, County authorities can exigent to find themselves largely
responsible for their mitigation, typically through resources arranged
for or mobilized by the County's emergency services coordinator, with
whatever counterpart state assistance may be available at the time.
With regard to relevant case studies, probably the most alarming
example of such a situation would be Roanoke County's experience with
the small, unregulate~ Westward Lake Dam. Similar examples in the
relatively recent past can be cited in Botetourt and Henry counties,
and elsewhere.
2. I am not personally acquainted with a~y impounding structures
employing a channel within a channel spillway design.
3, In its lack cf the usual riser type principal spillway
structure, this project is a marked departure from the typical dam
for agricultural purp~oses designed for private landowners by the U.S.
Natural Resources Conservation Service (formerly the U.S. Soil
Conservation Service) in Albemarle County and elsewhere. For the same
reason it is also a marked departure from the multipurpose dams
serving as flood control structures designed by the same agency, and
overseen in this area by the Thomas Jefferson Soil and Water
Conservation District.
4. Broadening the consideration of hydrologic parameters of
watersheds in the vicinity from Keswiok to Gordonsvilte, one notes
evidence (both on the land itself and from a review of successive maps
of the area) not only the creation but also the end of existence of
various imnouudments, either through dam failures or as a result of
intentional breaching. Area dams ~hat have failed in major storms
are sometimes rebuilt (Lake Louisa~ and sometimes abandoned (Paynes Mill).
Board of Supervisors 5/~0/96
RE: SP-96-13-Robert Arch
Disposing of an unwanted dam (such as the Town of Wcodstoc~s),
however, can be a difficult matter indeed, and so the creation of
such a structure, if only for this reason alone, is not a commitment
to be entered into lightly.
5. A watercourse adversely impacted by construction within it
or by land disturbance unon its banks does not inquire as to the end
nurpose of such activities. The fact that the site is in a rural
area or has agricultural associations does not preclude the exercise
of sound practices of erosion and sedimentation control, even if
soecific measures are not strictly required by a partioular ordinance.
As noted in my letter of May 3, the DroJeet i_~s subject to
401 Certification of the Commonwealth of Virginia, DeDartment of
Environmental Quality, issued to the U.S. Army Corps of Engineers,
Norfolk District, with resoeot to USpecial Conditions" of such
certification:
The construction or work authorized by this permit shall
be executed in a manner so as to minimize any adverse
impact on instream beneficial uses as defined in
Title 62.1 - t0 (b).
Any deposition of dredged or excavated materials onshore,
and all earthwork operations will, be ca,rrled our in
such a manner as to prevent the erosion of the material
and ~eclude i~-~ ~try into Stat~ Waters~-'.. (underlining
for emphasis).
The retention of such certification is attendant on responsible
protection of water quality in all waters affected.
6. With resoect to the question of the property rights of
riparian owners, the statement made in the discussion that one
cannot lmnede waters to the detriment of a downstream owner is indeed
a central ~rinciple. One can make reasonable use of such waters,
but ~assage must continue downstream essentially ~ndiminished in both
quantl~y and quality.
The observation that civil remedies e~ist (typically through
court injunction or civil suit) and that these are the ~rincipal
means of addressing such a problem is also correct. However, such
issues are usually not addressed until after a problem is ap~narent.
A reasonable focus on these rights in the planning state as well
should reduce the possibility that they need ever be addressed from
adversarial ~ers~ectives.
If the term "riparian owner" is substituted into the observation
that "No man is an island#, it might be underscored several times.
Within the context of a community, a sick stream is like a sick friend,
and ~ g~nerat collective_expression ~f.o~ncern for oo~munltv w~lness
may ce rat more sa~zsrac~ory aha useruz rot everyone lnvo±v~d ~Man
any form of purely legal redress. Seeking such through the civil
remedies of either injunction or suit might perhaps on occasion prove
akin to the left leg of a human being employing these means to have a
tourniquet removed in timely fashion from the right arm.
Board of Supervisors 5/30/96
RE, SP-96-13-Robert Arch
Turning now to a discussion of the four conditions upon which
approval of SP-96-13 is subject, the following should be noted,
Albemarle County Engineering approval of hydrologic and
hydraulic computations.
Hydrologic Considerations
1. Considering first the dam safety implications of this project,
although I have not seen any design, data, or calculations for this
dam beyond a one sheet site plan which I believe was as yet somewhat
preliminary, I believe that the flood of June 27, I995 on this
watercourse was considerably in excess of the spillway design flood
being contemplated for this structure. Fail.re of a dam under such
circumstances (a storm greater tD~n that for which the structure was
designed) does not relieve its owner ef legal liability for damages.
As the pamphlet titled "Responsibility And Liability" published
by the Association of State Dam Safety Officials states at its
beginning. #Common law holds that the storage of water is a hazardous
activity."
2. The level cf development downstream from this site (two major
highways, three bridges, a powerline parallel to the stream for a
considerable, distance, a residential water supply system, and a
historic mill with National Register application pending) categorimes
this dam's hazard potential as Class II. or-"Significant", and any
structure placed for the purpose of impounding water ~homld be designed
accordingly.
3. To adequately preserve downstream flow,-all potential losses.
including evaporation from a seven acre surface area during ~eriods
of prolonged drought, must be carefully considered. The oresence of
apparent springs downstream from the dam site should be discc~ted as
a significant source of flow during such times unless reliable records
or the observations of long term residents familiar with the springs
are available.
4. At variance with the indication on the USG~ quadrangle that
thi~ watercourse is intermittent down to and beyond the Route 231 bridge
is the observation that in reality this stream has not run dry at the
bridge, to the best of my knowledge, even once over the past fifty years.
Although evidencing the usual seasonal fluctuations typical of similar
watersheds in the vicinity, it could hardly be considered to be an
intermittent stream on the basis of a half century of observation.
Boar~ of Supervisors 5/30/96
RE, SP-96.13-Robert Arch
1. Albemarle County Engineering approval of hydrologic and
hydraulic computations. - continued
Hydraulic Considerations
1. Impoundments created by earthen dams may reqmire lowering
or even total drainage for a variety of Dur~oses, in'addition to the
recovery of drowning victims or the release of water quickly in an
emergency situation (regional examples in parentheses),
(a) To relieve pressure on an embankment evidencing piping,
bulging, cracking, excessive settlement, or ether signs of distress
(Westward Lake)~
(b) To restore deteriorated riprap on the upstream face (Lake
0range)~
(c) To restore the health of the fishery (Fluvanna Lake, or
any of a number of others operated by the Va. Dept. of Game and
Inland Fisheries)~
(d) To renovate beaches, piers, or other recreational facilities,
particularly after major storms, or ice damage (Camp Shenandoah)~
as well as routinely to ~udertake repairs to-v~rious components of the
dam itself, or even to completely reconstruct one's earthen embankment.
2. In relative contrast to the Precambrian Catoctln greenstone
present on the site in which I believe the channel spillway is to be
created, earthen embankments are neither indestructible nor typically
intended to have a useful life of eternity, as those responsible en
public lands for the maintenance of battlefield earthworks or Native
American burial mounds, as well as dams, will readily attest.
3. When no other means are available, lowering a lake must be
undertaken by~
(a) The excavation cf a o~nnel either within the embankment
itself or at its abutment (tried unsucoessft~ly Just prior to beth
the Buffalo Creek and Teton major failures)~
(b) By a siphon system (Westward Lake, er Shawnee Land);
(c) Or by pumping, the latter two means typically Cumbersome,
expensive, difficult, and sometimes ultimately ineffective despite
best efforts, particularly in the often violent storm conditions
under which dam emergencies typically arise.
4. A spillway riser with multiple inverts and with a base level
drain capability can eliminate the need for such measures and the
difficulties attendant on them. In an impending flood crisis, the
Board of Supervisors %/30/96
RE ~ SP-96-13-Robert Aron
typical corrugated metal pipe riser of an agricttlturat impoundment
can even be partially dismantled or destroyed as an emergency
measure to prevent overtopping by rising waters and a potential
failure of the dam.
5. Such a riser is also the means by which downstream flow is
assured while construction of the dam is in progress~ simply by
leaving the low level drain open mntil the structmre is completed
and the actmaI impoundment of water can begin.
E~en for a small structure such as the Mink Creek Dam at
Scottsvllle (on which I assisted with quality assurance testing in
1977), a construction period of some weeks is required even under
optimumweather conditions. Blocking a stream for the duration of
construction is an unacceptable practice, apparently necessitating
the use of a siphon or pumps in the absence of a conventional
principal spillway system or some other temporary arrangement to
perform the same function during the time in which the dam is
being built.
Albemarle County Engineering approval of plans for the dam
showing all grading activities and the existing and revised
flood plain~
The imnressive stone ruins near the stream of what was once
apparently a mill structure should be ~ocumented for the historical
record if these are to Be either removed or inundated. As a general
princinle of good site planning land disturbance should be minimized
commensurate with genuine requirements of the project, and all work
should be accomplished within the spirit, as well asto the letter,
ef conditions specified in all issued permits or certifications.
Albemarle County Engineering approval of an erosion control
plan~
Continuing concerns with respect to erosion control have been
addressed already in this letter, as well as in my letter of May 3.
Measures utilized to this end should be adequately maintained and
should remain in place until all areas of bare earth have been covered
with vegetation.
Albemarle County Engineering receipt cf proof of compliance
with dam safety regulations through the Virginia Department
of Conservation and Recreation.
The fact that this pro,eot is apparently not subject to the
Commonwealth's dam safety regulations (by virtue of the fact that
Board of Supervisors 5/30/96
RE, SP-96-I 3-Robert Arch
its impouuding capacity is somewhat less than one hundred acre-feet
and that agricultural purposes in addition to scenic ones are cited
as the reason for its creation) means that it is also not subject to
the level of oversight that (despite waning interests, shifting
priorities, or changes in ownership) reasonably insure that such
structures do not pose a hazard to life, property, or ~ublic safety
for the duration of their existence.
Thus as noted previously, in problem situations such structures
typically land, usually suddenly and unpleasantly, squarely in the
la~ of local authorities for hazard mitigation.
In the words of a highly capable and respected local engineer,
"Just because a dam is exempt from the dam safety regulations, it
does not mean that the exempt ~am is free from problems. . Although
some dams are exempted due to their size, many questions still remain.
Kurt M. Gloeckner, P.E., P.L.S., abstract of "Non-Regulated Dam
Concerns: A Case Study", 1995 Virginia Dam Safety Conference,
Charlottesville.
In all such county responsibility dam emergencies with which I
am personally familiar, the projects were invariably undertaken
initially with good and honest intentions. Sadly,~however, such good
intentions and pleasant prospects do not insure against future
problems, even as initial purchase of an automobile does not insure its
carefree a~ pleasurable use over the long term.
The thoughtful attention, challenging questions, and extended
discussion given to the matter of SP- -96 13 on May 8 by the Chairman
and Members, as well as by the County Staff, reflects well upon all
present. Recognition, along with some careful consideration, of
actual or potential problems associated with any new undertaking is a
useful exercise, and well worthy of the time which has been alloted
to this put. se in the present case. Your time. effort, and willingness
to do so are all very much appreciated by myself and my family,
Sincerely,
Millwood Land Trust
Director of Engineering and Public Works
County Engineer
Director of Planning and Community Development
Senior Planner
County Attorney
Water Resources Manager
Emergency Services Director
Emergency Services Coordinator
Va. Dept. of Envlronmeutal Quality (Mr. Jay Roberts)
Va. Marine Resources Commission (Mr. David R. Enowles)
U.S. Army Corps of Engineers (Mr. James Brogdon)
Millwood Land Trust
751Millwood Lane
Cobham, Virginia 22947-1932
May ~, 1996
Chairman Charlotte Humphris and Members
Board of Sunervisors, County of Albemarle
401McIntire Road
Charlottesville, Virginia 22902-4596
RE~ SP-96-1~-Robert Arch
Dear Chairman Humphris and Members:
As invited by a letter from the County of Albemarle, Dept. of
Planning and CoMmunity Development, dated March 22, 1996, i am
commenting on SP-96-13 as the Millwood Land Trust, which has been
our family's continuous residence, and ny own home of record, since 1946.
I am concerned about SP-96-13 as the adjacent prooerty owner
immediately downstream from this project, which accordi~ to the
application and related documents on file in the Dent. of Planning
and Community Development is a proposal to enlarge an existing dam
and oond located within the 100-year floodnlain. County records
indicate that this involves a new dam aporoximately 30 feet in height
from the downstream toe, to create an impoundment on the order of ten
acres of surface area. According to the map accompanying the
application, this proposal would create a lake aporoximately seven
times larger than the oond previously in existence on this site.
My qualifications to comment on this proposal from a technical
~ersoective are as follows: I am licensed by the Commonwealth of
Virginia as a Professional Engineer. and hold b~chelors and masters
degrees in civil engineering from the University of Virginia. I was
first employed iu the field of water resources nlanning in the s ~ummer
of 1967, at the Virginia Division of Water Resources in Charlottesville,
now hart of the Virginia Dent. of Environmental Quality. In addition
I have eight years of exnerience as a Dam Safety Engineer for the
Commonwealth, variously in the State Water Control Board, and Virginia
Division of Soil and Water Conservation, Denartment of Conservation
and Recreation.
A cony of my letter of April 22 to the owner, with a copy to the
oresent engineer for this dam, suggesting that "a request be made for
the County to delete this item from its agenda (of May 8) until the
following month" in the interest of "the potential gain in under-
standing and communication (which) would serve everyone's best
interests well" is enclosed. This suggestion has not been acted upon
to date to the best of ~y knowledge.
Concerning notential impacts on adjacent property owners, this
project appears to have already had an unfortunate history. Construction
was apparently initiated considerably prior to making a~plieation ~or
SP-96-13, and in this period an old concrete and earth emba~ment dam
was breached to drain ~he ~hen_ex~st~ng~pond,~a~lowiDg the accumulated
silt deposits of many meca~es ~o ne ais~nargem ~owns~ream.
Board of Supervisors 2
RE: SP-96-13-Robert Aron
Areas within and adjacent to the floodplain were also affected
by this period of construction work on the site.
With respect to the possibility of potential impacts on adjacent
property owners, there is already at present an adverse aesthetic
impact in the form of a heavy alEae bloom within the watercourse on
which the project is situated, consisting both of floating mats of
algae and excessive streambed growth. This unusual algae, unnrecedented
on this stream in ~y experience, is not in evidence on a tributary
stream from a similar watershed which Joins the project watercourse at
a distance of approximately one half mile downstream from the
construction site.
The flow in the affected stream should now remain unchecked by
any new barrier such as the proposed dam until it has had sufficient
time to rid itself of this algae and rejuvenate through natural
processes, During this time any additional stream water quality
issues attendant to on site construction to date can be evaluated and
remediated by such measures as may be necessary and a~propriateo
This project has already received, and may possibly already be
in violation of, 401 Certification of the Commonwealth of Virginia,
Department of Environmental Quality, issued to the U.S, Army Corps of
Engineers, Norfolk District, with respect to "Special Conditions" of
such certification:
The construction or work authorized by this permit
shall be executed in a manner so as to mini~ze any
adverse impact on instream beneficial uses as defined
in Title 62.! - 10 (b).
Any deposition of dredEed or excavated materials onshore,
and all earthwork operations will be carried out i~n
such ~ manner as t__qo nrevent the erosion o_~f the material
and preclude i,ts entry into State Waters '(underlining
for emnhasis)
as well as possibly with respect to the time frames within which this
work was performed relative to permit or certification issuance dates~
My ~uderstanding is that the scope of services for which the
present engineer has been retained is limited solely to the design
of the proposed future dam. Although an hour and a half meeting
(both on-s~te and within the area potentially affected downstream
b~ the ~roject~ with the engineer was helpful, a number of concerns
relating to the project remain unclear to me, of which the following
are some examples:
Board of Suoervisors
RE: SP-96-i3-Robert Arch
i. Who iu the past, and who at present, has actual,responsibility
day to day for the management of the site with regard to such matters
as stream water quality protection and erosion and sedimentation
control considerations?
2. What effect the proposed dam might have on flooding in the
downstream area. in both non-failure circumstances and in the event
of a dam failure?
3. By what means can the lake level be lowered, or the lake
drained, either for purooses of ro~ine maintenance of the shoreline
and lake appurtenances such as docks and swi~.~Ing areas, or in the
event of an emergency?
What is the acreage of the drainage area for the prooosed dam?
5. What are the spillway elevations to be, relative to the
elevation of the present streambed?
6. By what means will water be passed downstream from ~he dam
as reGuired by law during periods of drought when the pool elevation
does not reach the lowest soillway?
9. Who is to accept responsibility for this structure in the
event the property is ~noocupied. or in the event of future o~nership
changes?
8. What is the hazard classification for this dam. on the basis
of the level of development in the downstream area?
9~ How long a period is anticipated for the lake to fill
initially to spillway level, under most favorable, average, or
worst drought conditions?
10. For what oortion of the year is the pool level expected to
be below spillway level, ~uder average hydrologic conditions, and
during a year of maximum drought?
11, What would have been the oerformance and consequences of
this dam, in both non-failure and failure circ~u~stances, on the
downstream area duri~ the extreme flood on this watercourse which
occurred in late June, 19957
12. To what degree and for what time period will the engineer
of record be accepting responsibility for this dam's operation and
maintenance?
13.
Albemarle
operation.
To what degree and for what
be accepting responsibility
and maintenance?
time oeriod will the County of
for this project's construction,
Board of Suoervisors
RE: SP-96-13-Robert Arch
14. To what degree if any and for what time oeriod wil~ a
knowledgeable oublic entity with direct acces~ to technical resources
and exoertise, such as the Thomas Jefferson Soil and Water
Conservation District, be accepting responsibility for this dam'~
ooeration and ~aintenance?
15. What is the design life of this dam?
In summary, several primary issues need to be addressed at the
present time:
1, The past and possibly ongoing effects of construction
activity which has already taken place on this site on the water-
course, and the remediation of these effects through either additional
control measures or the natural restoration orocesses of tuuimoeded
stream flow, or by a combination of both, The beaver activity and
associated wildlife presence one .half mile downstream from the
construction site, which had been the focus of a recent article in
Land and Water magazine, has apparently been disrupted, suggesting
an'add-~-~ion-n---~adverse impact from the unusual a!Mae bloom~
2. The necessity of insuring that an adequate
be maintained in the watercourse downstream From the
as required by law.
stream flow will
proposed dam,
3. The fact that certain dam safety and water quality issues
attendant on the oro~osed dam's design, ooeration, and maintenance
~et await resolution through the development of additional data and
engineering design details. Information presently available is
insufficient to insure confidence that the interests of downstream
property owners will be protected.
In conclusion I recommend and request that SP-96-13 be tabled
at the present time pending:
1. Adequate mitigation through natural processes of the
a~parent present adverse aesthetic impact on the watercourse itself
and downstream adjacent owner's property, as evidenced by the
existing exceptional algae bloom downstream from the area of
construction which has already taken place on the project site.
2, The generation of sufficient additional design data for
the dam to adequately address all concerns such as those enumerated
above relating to the construction, maintenance, and operation of
this dam for its intended many decades of existence.
Board of Supervisors
RE: SP-96-13-Robert Aron
5
The opportttuity to be made aware of and to comment upon this
proposal under the provisions of applicable laws and regulations as
is in the County of Albemarle's best interests is very much
appreciated, as will be the consideration given to these pre~ent
concerns of ~¥setf and my family.
Sincerely,
Oildea
Millwood Land Trust
Incl./as
CC:
Mr. Ronald A. Lil!ey, Senior Planner,
County of Albemarle
Mr. Jay Roberts, Va. Dept, of Environmental Quality
Mr, David R. Knowles, Va, Marine Resources Commission
Mr. James Brogdon, U.S. Army Corps of Engineers
751Millwood Lane
Cobham, Virginia 22947-1932
April 22, 1996
Mr. Robert Arch
2 Ivy Lane
Charlottesville
Virginia 22901
RE: SP-96-!3 Robert Aron
Dear Mr. Aron~
! appreciate your ~allin~ me this morning in reference
to my request for a meeting with ~our engineer, Mr. Gloeckner.
He c~lled me a short while later, and we arranged to get
together at 2 PM.
Although we did not discuss SP-96-t3 at a~v length over
the ohone, my feeling on the basis of long experience with
such orojects is that we may want To exchange ideas on ceftin
asoects of it to a degree not readi~ oermitted by the brief
time remaining before the May ~ Board of Supervisors meeting.
For that reason I would suggest that by cow,non a~Teement
a reques~ be made for the County to delete this item from its
a~enda until the following month. I believe that the notential
gain in understanding and communication ~ould serve everyone'~
best interests ~ell.
Sincerel¥,
Hu~h M. Gildea
c~: Mr. Kurt Gtoeckner
Gloeckner Engineering/Surveying, InC.
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE: ZMA-96-07 Berkmar Drive
SUBJECT/PROPOSAL/REOUEST: Request to
rezone strips of residential zoning
that are on the eastern side of Berkmar Drive
between Woodbrook Drive and Hilton Heights
Road to HC, Highway Commercial. The
strips were created ~vhen the right-of-way for
Berkmar Drive was taken.
STAFF CONTACT(S):
Claudia L. Paine.
AGENDA DATE:
April 23, 1996
ITEM_ NUMBER:
ACTION: X
INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
On November 15, 1995, the Board of Supervisors adopted a Resolution of Intent to rezone suips of residential
zoning that are on the eastern side of Berkmar Drive between Woodbrook Drive and Hilton heights Road to HC,
ff-~Highway Commercial. The strips were created when the right-of-way for Berkmar Drive was taken. All plats
for the Berkmar Drive right-of-way have now been put to record and the road is open making the adjacent
properties available for development. The previously stated intent of the Board of Supervisors was to have the
road divide the zoning, with commercial zoning on the eastern side and residential zoning on the western side of
Berkmar Drive.
DISCUSSION:
The plats that were put to record last year divided zoning districts and left several parcels with strips of
residential zoning alongside the larger portions of HC, Highway Commercial zoning on the eastern side of the
road. Iflef~ as is, the residential zoning adjacent to commercial zoning would regulate certain setbacks for both
structures and parking in the commercial portions of these properties. These properties comprise a total of
approximately 2.8 acres and are described as Tax Map 45, Parcel 68(part), zoned R-15, Residential, Parcel
6SC(part), zoned R-15, Residential, Parcel 6SCl(part), zoned R-6, Residential, Parcel 112B(part), zoned R-6,
Residential, and Parcel 109E(part), zoned R-6, Residential.
Staff has notified all owners of properties involved that this rezoning is proposed. There is no public purpose in
leaving the zoning the way it is now. It only hinders the owners when they attempt to develop. Therefore, it is
a benefit to both the property owners and to the County for the Board to undertake the rezoning in one
procedure rather than individual owners dealing with it on a piecemeal basis.
RECOMMENDATION:
Staff recommends approval of this rezoning.
A:~Ivi[A9607.RPT
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Resolution of Intent to Rezone Properties Adjacent to Berkmar
Drive ~ ~/
SUBJECT/PROPOSAL/REQUEST:
Properties to be rezoned are strips of residantial zoning that are
on the eastern side of Berkmar Drive between Woodbrook
Drive and Hilton Heights Road. The strips were created when
the fight-of-way for Berkmar DriVe was taken.
STAFF CONTACT(S~:
Messrs. Tucker, Ms. M~Culley, Ms. Sprinkle
AGENDA DATE:
November 15, 1995
ACTION:
CONSENT AGENDA:
ACTION: X
ATTACHMENTS:
REVIEWED BY:
ITEM NUMBER:
I~IFORMATION:
INFORMATION:
Resolution of Intant
BACKGROUND:
All plats for the Berkmar Drive right-of-way have now been put to record and the road is open making the adjacent properties
available for development. The previously stated intent of the Board of Supervisors was to have the road divide the zoning with
commercial zoning on the eastern side and residential zoning on the western side of Berkmar Drive
DISCUSSION:
The plats that were put to recx~d last year divided zoning districts and lek several parcels with strips of residential zoning alongside
the larger portions of HC, Highway Commercial zoning on the eastern side of the road. If left, the residential zoning adjacent to
comm~iat zoning would regulate certain setbacks for both structures and parking in the commercial portions of these properties.
.Staffhas notified all property owners by letter, that this rezoning is proposed~ There is no public purpose in leaving the zoning the
way it is now. It only hinders the owners when they attempt to develop. Therefore, it is a benefit to both the property owners and
the eouuty for ns to undertake the rezoning in one procedure rather than the individual owners dealing with it on a piecemeal basis.
RECOMMENDATION:
Adopt the attached Rnsolution of Intent. The public hearing will be scheduled in the near future.
95.192
RE¢;iVED
NOV &O
DEPAR'TM
RESOLUTION OF INTENT
BE IT RESOLVED that flae Board of Supervisors of Albemarle County, Virginia, for purpose~ of
pu~he necessity, eonveuienee, general welfare and ~oed zoning practices, does hereby state its intent
to amend the Albemarle County Zoning Map to ekange the zoning distrie~ designation for certain
parcels of land ediaeent to and on the eastern side of Berkmar Drive between Woodhrook Drive and
Hilton Heights Road. These changes are necessary due to flae Berkmar Drive right-of-way
acquisition whiel~ divided'parcels hytzon]ng districts. The 'hlignaii~nYZf the ro~d divided two
residential zoni'gg districts, thereby creating "strips" o[' R6 and R15 zoning that were added to parcels
zoned HC, Highway Commercial. This amendment will rezone those strips so that the effected
parcels will not be split by zoning districts.
Parts of Parcels 68, 68C, 68C1, 112B, and 109E on Tax Map 45 will he considered, as follows:
1. TMP45-68:
Parcel A of 7,453.87 sq. ft. (sho on a Wiley and Wilson plat recorded
at Deed Book 1446 page 129) zoned R15 was added to Parcel 68 on
12/16/94. This area ~s proposed to be rezoned to HC. (TMP45-68E to
68)
2. TMP45-68C:
An unidentified strip of R15 zoning (estimated to 1,e 9400 sq. ft.) is now
on the east side of Berkmar Drive and is part of what is identified as
Residue A on a plat by wiley and Wilson recorded in Deed Book 1439
Page 196. This area is proposed to he rezoned to HC. [TMP45-68C
(divided into 68C and C2)]
3. TMP45-68Cl:
Parcel A of 1636.34 sq. it. (shown on a'~iley ~' Wilson plat recorded at
Deed Book 1447 page 668), zoned R6 was added to Parcel 68C1 on
t2/27/94. This area is proposed to be rezoned to HC. (TMP45-80 to
68C1)
4. TMP45-112B:
A strip of R6 zoning was split into 3 pieces. ' Two of these were added to
parcels which are zoned HC while the third piece was added to a parcel also
zoned R6. Parcel Z o£ 2637.44 sq. ft. was added to parcel 68C1 and
parcel Y of 4691.21 sq. ft. was added to parcel 112B (both shovm on a plat
by Thomas B. Lincoln recorded at Deed Book 1380 Page 493). These two
pieces are proposed to be rezoned to HC. ( TMP45-81 to 68C1 te 112B)
5. TMP 109E:
A strip of approximately one acre of R6 zoning is now on the east side of
Berkmar and is currently identified as parcel 109E. (The right-of-way was
shown on a Wiley and Wilson plat recorded at Deed Book 1428 page 546
and was taken from what was then parcel 109.) The other 3.18 acres of
109E is zoned HC. The estimated one acre ~s proposed to be rezoned to
HC. (TMP45-109 to 109E) -
f
ZMA-96-07
BERKMAR DRIVE EXT.
ALBEMARLE
COUNTY
f/
ZMA-96-07
BERKMAR DRIVE EXT.
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~ .....,,, CHARLOTTESVILLE, RIVANNA ~ SECTION 45
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ALSO SHO~NG .
PARCEL~ 'X', 'Y' AND 'Z"
N~CHAEL A FLOWERS Is ]n~ SEt ~+o~,.~ I
ALBEHARLE COUNTY, VIRGINIA ' RM BOULEVARD
SURVEYOR
INC.
SCA2E: ~'-6D' gANUA~Y JY. ~99a C~ARLOTTESVILLE, VIRO~NIA ~2901
I
~ I G, GBPGObU I
David P. Bov~rman
Charlotte Y. Humphr~.
Forrest R. Marshall. Jr.
COUNTY OF ALBEMARLE
Office of Board of Supervisors
40I Mclntire Road
Charlottesville, Virginia 22902-4596
1804) 296-5843 FAX I804 296 5800
MEMORANDUM
Charles S Martin
Walter F. Perkins
Sally H. Thomas
TO: Board of Supervisors
FROM: Ella W. Carey, Clerk, CMC ~
DATE: May 2, 1996
SUBJECT: Reading List for May 8, 1996
N__o~r 2,---~999 '- t~&ges 3 / (l~sm #2~2~ - end - MX Martin
March 22, 1995 - Mrs. Thomas
EWC: mms
PHnted on recycled paper