HomeMy WebLinkAbout1996-05-15FINAL
7:00 P.M.
MAY 15, 1996
ROOM 24'1, COUNTY OFFICE BUILDING
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Call to Order.
Pledge of Allegiance.
Moment of Silence.
Other Matters not Listed on the Agenda from the PUBLIC,
Consent Agenda (on next sheet).
SP-95-39. Mt. Ararat Lodge. Public Hearing on a request to construct a masonic lodge on 2.11
ac zoned RA & request for a site plan waiver. Located on SE sd of inters of Rts 715 &
714 TM121.P32A. Scottsville Dist. (This property is not located in a designated growth
area.)
ZMA-96-02 Gary Edgecomb Public Hearing on a request to amend proffers of ZMA-90-18to
increase total square footage allowed for all buildings on the site. Property on W sd of
inters of Rts 742 (Avon St Extd) & 1101 is zoned HC & EC. This site is recommended for
Industrial Service in Neighborhood 4 by the Comprehensive Plan This action is related to
two other actions. SP-96-02. Edgecomb's Imported Auto Sales & SDP-96-005~ Edge-
comb's Imported Auto Sales & Service Expansion Major Amendment, which provide for
increased outdoor storage & display. TM77. F'aA. Scottsville Dist
SP-96-02. Edgecomb's Imported Auto Sales & Service. Public Hearing on a request ta amend a
prewously approved special use permit to allow expansion of parking & display area on
1.72 acres zoned HC & EC. Propert7 described in ZMA-96-02 above.
SP-96-11. Bentivar Land Trust. Public Hearing on a request to create a 58 lot Rural Preserva-
tion Development on approx 264 ac zoned RA. Located E of & adjacent to Bentivar
Subd. TM46. Ps92H.129,130,139,140,141,143,144,145,146,147 & TM62,Ps50A&50G.
Rivanna Dist. (This site is not located in a designated growth area.)
SP-96-12. Virginia Land Trust & Malcom Woodward. Public Hearing ona request to permit fill
activity in flood plain on 1.2 ac zoned HC. Located on Fontaine Ave Extd W of Morey
Creek. TM76,Ps12B,12C&12E Samuel Miller Dist. (This site is located in a designated
growth area and is recommended for Neighborhood Service.)
ZMA-96-06. Peyton Drive Regional Stormwater Detention Basin. Public Hearing on a re~olution
of intent adopted by the Board of Supervisors to rezone properties which were reorgan-
ized in association with the Peyton Drive Regional Stormwatar Detention Basin. This
rezoning will establish uniform zoning on the newly organized parcels. These properties
comprise a total of 3/4 acs and are located between Commonwealth Dr, Peyton Dr &
Greenbrier Dr. TM61W, P03-4(part)zoned C-1 & P03:5(part)zoned R-15. P03~4(part)is
proposed to be rezoned To R-15. P03-5(part) is proposed to be rezoned to C-1. This site
s recommended for Community Service in Neighborhood 1 by the Comprehensive Plan.
Rio Dist.
ZMA-96-09. Lloyd & Patricia Wood. Public Hearing on a reouest to amenc proffers of ZMA-86-
01 to allow light warehousing. Property on N sd of Rio Rd N & is existing Putt-Putt
miniature golf course. Site. located in Neighborhood 2. is recommended for Community
Service by Comprehensive Plan TM61.P's124E&124E1. Rivanna Dist
ZTA-96-01 Public Hearing on a Resolution by the Planning Commission to amend the Albe-
made County Zoning Ordinance to require posting by staff of public hearing notice signs
for rezoning and special use permit petitions.
Approval of Minutes: March 22. 1995.
Other Matters not Listed on the Agenda from the BOARD.
Executive Session: Personnel Matters.
Certify Executive Session.
Adjourn.
CONSENT AGENDA
FOR APPROVAL:
5.1
Appropriation Requests:
a) School Division, $205,5000 - (Form #95072).
b) Rescue Squads. $9.001.65 - (Form #95073).
5.2 Set public hearing to consider Lease Agreement with U. S. Cellular Mobile Telephone
NetWork to lease space on radio tower at Bucks Elbo .
5.3
Authorize County Executive to execute Sefvice Agreement with the Scottsville Volunteer
Rescue Squad, Inc.
5.4
Statements of Expenses for the Department of Finance, Sheriff, Commonwealth's Attorney,
Clerk, Circuit Court, and Regional Jail for the month of April, 1996.
FOR INFORMATION:
5.5
Letter dated May 9, 1996, from Robert T. Skunda, Secretary of Commerce and Trade, to the
Honorable Charlotte Y. Humphris, Chairman, in response to the Board's request that
Albemarle County be declared a'disaster area resulting from the winter's extreme cold.
5.6 Arbor Crest Apartments (Hydraulic Road Apartments) Bond Program Reports and Monthly
Reports for the months of February and March, 1996.
COUNTY OF ALBEMARLE
MEMORANDUM
TO:
FROM:
DATE:
RE:
Robert W. Tucker, Jr., County Executive
V. Wayne Cilimberg, Director of Planning and Community
Development
Ella W. Carey, Clerk, CMC ~
May 16, 1996
Board Actions of May 15, 1996
At its meeting on May 15, 1996. the Board of Supervisors took the following actions:
Agenda Item No. 1. Call to Order. The meeting was called to order at 7:00 p.m.. by the Chairman.
Agenda Item No. 4. Other Matters not Listed on the Agenda from the PUBLIC.
Mr. Scott Peyton asked the Board to initiate whatever steps are necessary to reinstate Route 250 West as a County
Scenic Highway. He would like to establish a dialogue in cooperation with the County to begin this process and would be
happy to be used as the contact person.
Mr. Tom Loach supported Mr. Peyton's comments and asked that the scope be expanded to include a plan to deal
with those areas along the Route 250 corddor which are already zoned commercial
Mr. Tucker said staff would previde the Board a briefing on the differences between the Entrance Corridor Overlay
Distdct and the Scenic Areas Highway Disthct at the July 3rd meeting. Mrs. Thomas said she would like for this to be a work
session including a recommendation as to how the Board can deal with the issue and it not be just an explanation of the
present situation. Mrs. Humphris asked that the information from staff include some alternatives.
Ms. Georgina Slavoff and Ms. Emily Sisler requested the Board to consider implementing a dog barking ordinance in
Albemarle County. Mr. Tucker suggested providing the Board with some additional information to consider at one of the day
meetings.
Agenda Item No. 5.1a. Appropriation Request: School Division. $205.5000 - (Form #95072). Approved. Original
form forwarded to Melvin Breeden.
Agenda Item No. 5.1b. Appropriation Request: Rescue Squads, $9,001.65 - (Form #95073). Approved. Original
form forwarded to Melvin Breeden.
· ~'~em~ Te: Rcbert W. Tucker, Jr. V. Wayne Cilimberg
Date: May 16, 1996
Pag~ 2
Agenda Item No. 5.2. Set public hearing to consider Lease Agreement with U. S. Cellular Mobile Telephone Network
to lease space on radio tower at Bucks Elbow. Public hearing set for June 5, 1996, at 9:50 a,m.
[Vim. Thomas mentioned a letter Board members received from the ARB regarding the need for a master plan to guide
the placement of towers. She commented on the need to get a better idea of where all these towers are going to be placed.
Mr. Bowerman suggested sending a letter to all cellular providers indicating that the County will not approve any new towers
unti~ such time as the County enacts some legislation. Mr. Tucker said he would talk to people at Sprint to see if something
can be done.
Agenda Item No. 5.3. Authorize County Executive To execute Service Agreement with the Scottsville Volunteer Rescue
Squad, Inc. Approved. Copy of agreement forwarded to Melvin Breeden,
Agenda Item No. 6. SP-95-39. Mt. Ararat Lodge. Public Hearing on a request to construct a masonic lodge on 2.11
ac zoned RA & request for a site plan waiver. Located on SE sd of inters of Rts 715 & 714. TM121,P32A. Scottsville Dist.
Approved SP-95-39 subject to the following conditions recommended by the Planning Commission:
1. The building shall be limited in size to 2.200 square feet;
2. Maximum attendance at meetings shall not exceed those limits as established by the Health Department;
3 Any expansion of. or addition to. the uses, activities or structure outlined in the July 20, 1993, staff report shall
require additional review and approval by the Board of Supervisors. The activities of the Lodge were listed
in a letter from Moses Agee dated July 1, 1993 which is attached; and
4. Compliance with Section 5.t .2 of the Zoning Ordinance
Agenda Item No. 7. ZMA-96-02. Gary Edgecomb Public Hearing on a request to amend proffers of ZMA-90-18 to
~ncrease total square footage allowed for all buildings on the site. Property on W sd of inters of Rts 742 (Avon St Extd) & 1101
~s zoned HC & EC. This site is recommended for Industrial Service in Neighborhood 4 by the Comprehensive Plan. This action
~s related to two other actions, SP-96-02, Edgecomb's Imported Auto Sales & SDP-96-005, Edgecomb's Imported Auto Sales
& Service Expansion Major Amendment. which provide for increased outdoor storage & display. TM77,P8A. Scottsville Dist.
Approved ZMA-96-02 as proffered:
.PROFFER FORM:
Date: 04-10-96
ZMA #96-02
Tax Mac Pamel(s) # - Tax MaD 77. Parcel 8A
Acres to be rezoned from __ to __
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance. the owner, or its duly authorized agent
hereby voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned. These
conditions are proffered as a Dart of the requested rezoning end it is agreed that: (1) the rezoning itself gives rise to
the nee(] for the conditions; and (2) such conditions have a reasonable relation to the rezoning requested.
The new HC zoning will be so structured with substantial proffering To allow the site to retain its LI character,
not only in function but in design. Permitted uses of the property, and/or uses authorized by special use
permit, shall include only those uses allowed in section 24 of the Albemarle County Zoning Ordinance in effect
on May 15, 1996. a copy of the section being attached hereto, except the following:
24.2.'1 BY RIGHT
Memb Th: Robert W. Tucker, Jr.
V. Wayne Cilimberg
Date: May 16, 1996
Page 3
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Automobile laundries.
Automobile service stations (reference 5.1.20).
Building material sales.
Churches, cemeteries.
Clubs, lodges; civic, fraternal, patriotic (reference 5.1.2).
Convenience store.
Factory outlet sales - clothing and fabric.
Feed and seed stores (reference 5.1.22).
Financial institutions.
Fire extinguisher and security products, sales and service.
Funeral homes.
Furniture stores.
Food and grocery stores including such specialty shops as bakery, candy, milk dispensary, and wine
ana cheese shops.
Home and business services such as grounds care, cleaning, exterminators, landscaping and other
repair and maintenance services.
Hardware.
Hotels, motels and inns.
Machinery and equipment sales, service and rental.
Mobile home and trailer sales and service.
Modular building sales.
New automotive parts sales.
Office and business machines sales and service.
Eating establishment; fast food restaurants.
Retail nurseries and greenhouses.
Sale of major recreational equipment and vehicles.
Wayside stands - vegetables and agricultural produce (reference 5.1.19).
Indoor theaters.
Heating oil sales and distribution (reference 5.1.20).
24.2.2 BY SPECIAL USE PERMIT
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Commemial recreation establishment including but not limited to amusement centers, bowling alleys,
pool hails and dance halls. (Amended 1-1-83)
Septic tank sales and related service.
Livestock sales.
Veterinary office and hospital (reference 5.1.11).
Drive-in theaters (reference 5.1.8).
Hospitals, nursing homes, convalescent homes (reference 5.1.13).
Auction houses.
Unless such uses are otherwise provided in this section, uses permitted in section 18.0, residential -
R-15, in compliance with regulations set forth therein, and such conditions as may be imposed
pursuant to section 31.2.4.
Commercialkenneis-indoor only (reference 5.1.11). (Added 1-1-83)
Parking structures located wholly or partly above grade. (Added 11-7-84)
Drive-in windows serving or associated with permitted uses. (Added 11-7-84; Amended 9-9-92).
Uses permitted by right, not served by public water, involving water consumption exceeding four
hundred (400) gallons per site acre per day. Uses permitted by right, not served by public sewer;
involving anticipated discharge of sewage other than domestic wastes. (Added 6-14-89)
Warehouse facilities not permitted under section 24.1.1 (reference 9.0). (Added 6-19-91)
The total square footage of all buildings on the site shall not exceed 6800 square feet.
Minimum setbacks for ail buildings will be 40 feet from the property lines bordering both roads.
Mem~) T~: Robert W. Tucker, Jr.
V. Wayne Cilimberg
Date: May '16, 1996
Pa~je 4
Ga Ed ecomb Si ned
Signatures of All Owners
Gary Edoecomb ~Printed) 4/10/96
Printed Names of All Owners Date
Agenda item No. 8. SP-96-02. Edgecomb's Imported Auto Sales & Service. Public Hearing on a request to amend
a previously approved special use permit to allow expansion of parking & display area on '1.72 acres zoned HC & EC. Property
described in ZMA-96-02 above.
APPROVED SP-95-02 subject to the following conditions recommended by the Planning Commission:
1. The additional building should match the existing building with no substantial change proposed in design and
material;
2. The lighting proposed on the site shall be shielded and directed down onto the site;
Additional trees should be added to the site in the area between the parking and Route 742. The trees should
be 3 1/2 inch caliper spaced 35 feet on center;
4. Buffer shrubs, 24 inches in height, should be specified around the perimeter of the parking area between the
parking and Route 742;
5. One tree [2 1/2 inch caliper) for every ten parking spaces will be required for the interior parking spaces; and
6. A Certificate of Appropriateness shall be required prior to approval of the site plan, and should include:
a)
b)
c)
d)
Samples of the materials proposed, including colors:
Photometric Plan;
Dumpster location and any mechanical equipment location. These should be screened with a
material compatible with the building material used: and
Elevations of the building.
Agenda Item No. 9. SP-96-11. Bentivar Land Trust. Public Hearing on a request to create a 58 lot Rural Preservation
Development on approx 264 ac zoned RA. Located E of & adjacent to Bentivar Subd. TM46,Ps92H,129,130,139,140,141,
143,144,145,146,147&TM62.Ps50A&50G. Rivanna Dist.
APROVED SP-96-11 subject to the following condition recommend-ed by the Planning Commission:
Development shall be in general accord with a plan titled "Preliminary Plan Showing Rural Preservation
Development Bentivar~ and initialed WDF 4/10/96. This plan may be modified in order to comply with
requirements of the site review committee or Planning Commission.
Agenda Item No. 10. SP-96-12. Virginia Land Trust & Malcolm Woodward. Public Hearing on a request to Permit
fill activity in flood plain on 1.2 ac zoned HC. Located on Fontaine Ave Extd W of Morey Creek. TM76,Ps12B,12C&'I2E.
Samuel Miller Dist.
APPROVED SP-96-12 subject to the following conditions recommended by the Planning Commission:
Department of Engineering approval of grading and drainage plans and calculations;
The basement shall be used only for storage and mechanical equipment space. The basement is not
considered habitable and there shall be no employee work space or area open to the public in the basement;
and
Compliance with all local, state and federal permit requirements pertaining to fill activity within the flood plain.
l~em~ To: Robert W. Tucker, Jr. V. Wayne Cilimberg
Date: ~May 16, 1996
Page 5
Mr. Roell said it usually takes longer than six months to get preliminary approval on this type of request. He asked
the Board to consider changing the process to allow for a longer time ipefiod. He does not want to have to come back in six
months to get reapproval. I
Agenda item No. 11.. ZMA-96-06. Peyton Drive Regional Stor~nwater Detention Basin. Public Hearing on a resolution
of intent adopted by the BOard of SuperVisors to rezone properties which Were reorganized in association with the Peyton Drive
Regional Stormwater Detention Basin. This rezoning will establish uiniform zoning on the newly organized parcels. These
properties comprise a tota of 3/4 ace and are located between Commonwealth Dr, Peyton Dr & Greenbrier Dr.
TM61W, P03-4(part) zoned C-1 & P03-5(part) zoned R-15. P03-4(p~rt) is proposed to be rezoned to R-15. P03-5(part) is
proposed to be rezoned to C~1. This site is recommended for Commulnity SerVice in Neighborhood 1 by the Comprehensive
Plan. Rio Dist. ,I
APPROVED ZMA.96-06 to rezone the two small parcels Icc§ted between Commonwealth Drive, Peyton Drive and
Greenbrier Drive, identified as follows: I
1. TMP61W-03--4: Residue from parcel 5 of 14,075 ~q. ft. (shown on a B. Aubrey Huffman plat, dated 20
February, 1995), zoned C-1, shall be added to Parcel 4, zoned R-15. The area is to be
rezoned to R-15 [TMP61W-03-5 to 'I'MP61W-03-4]
TMP61W-03-5: Parcel X of 15,666 sq. ft., zoned R-15, sba be added to
Z of 9,984 sq. ft., both zoned C-1, to
plat, dated 20 February, 1995). Thi
Agenda Item No. 12. ZMA-96-09. Lloyd & Patricia Wood. P~
01 to allow light WarehoUsing: Property on N sd of Rio Rd N & is e
Neighborhood 2, is recommended for Community Service by Compr
APPROVED ZMA-96-09 as proffered:
.PROFFER FORM:
Date: Mav 15. 1996
ZMA #96-09
Tax Map Pamel(s) # 61-124E and 124E-1
.1
Parcel Y of 12,083 sq. ft. and Parcel
create a new Parcel 5 (shown on a B. Aubrey Huffman
s area is to be rezoned to C-1. [TMP61W-03-3A to 5]
blic Hearing on a request to amend proffers of ZMA-86-
dsting Putt~Putt miniature golf course. Site, located in
,hensive Plan. TM61,P's124E&124E1. Rivanna Dist.
Acres to be rezoned from HC with proffers Itc HC with proffers.
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent
hereby voluntarily Proffers the cond tions listed below which shall be applied to the property, if rezoned. These
conditions are proffered as a part of the requested rezoning ;~nd it is agreed that: (1) the rezoning tSe f gives rise to
· easonable relation to the rezoning requested.
the need for the conditions; and (2) such conditions have a
(1)
1.
Conditions shall be those attached hereto and titlec
Permitted uses on Tax Map 61, Parcet 124E1 shall
Albemarle County Zoning Ordinance in effect on Apr
ZMA-96-09 and dated May 15, 1996, as follows:
nclude only those uses allowed in Section 24.2.1 of the
119; 1996, a copy of the section being attached hereto,
except the following:
t0.
20.
22.
23.
25.
Building materials sales.
Feed and seed stores.
Hotels, motels and inns.
Light warehousing (except as provided in Proffer 2).
Machinery and equipment sales, serVice aqd rental.
Mobile home and trailer sales and serVice.
Motor Vehicle sales, serVice and rental.
Mem~ To: Robert W. Tucker, Jr.
V. Wayne CilLmberg
Date: .May 16 1996
Page 6
27. Newspaper publishing.
32. Safa of major recreational equipment and vehicles.
34. Wholesale distribution.
39. Heating oil sales and distribution.
Light warehousing, as authorized by Section 24.2.1.21 of the Albemarle County Zoning Ordinance, shall be
permitted on (1) a strip approximately eight feet deep along the northerly portion of Tax Map 61, Parcel 124E1
that abuts the parcel identified as "T.M.P. 61-124E" on the Rezoning Application Plan dated October 27, 1995
(the Plan), a reduced size copy of which is attached hereto (the strip), and (2) a portion of the residue of Tax
Map 61, Parcel 124E. zoned HC, and north of the proposed property line identified on the Plan (the portion).
The location of the strip and the portion shall be as shown on the Plan. Use of the strip and the portion for
Light warehousing (the facility) will be subject to the following requirements:
The facility will be configured as shown on the Plan.
The exterior walls of the facility will be textured block (spiLt faced, ribbed, etc.), of a pastel or earth
tone color, and the wall shall incorporate architectural features to create shade and shadow in order
to prevent monotony.
The roof of the facility will be either a fiat or a nearly fiat roof, not visible from Tax Map 61, Parcel
1240* by an observer with height of eye of six feet or, if another type of roof will be visible, it will be
a standing seam metal roof or other type of roof approved by the owner of Tax Map 61, Parcel 124C*
at the time of construction of the facility.
The three-foot strip between the eastern wall of the facility and Tax Map 61, Parcel 124C* will be
planted with fall columnar plantings or with plantings such as pyracantha which are espaliered to the
wall and maintained by the owner of the facility.
The proffers dated January 30, 1996, for the 5.45 acres of Tax Map 61, Parcel 124E, accepted by the Board
of Supervisors in ZMA 95-18 on February 12, 1996, shall remain in full force and effect for that portion of that
parcel.
*As this parcel exists on April 19, 1996, and as identified on the Plan.
Lloyd F. Wood. Jr. CSioned) Lloyd F. Wood (Printed) 5/15/96
Signatures of Ail Owners Printed Names of All Owners Date
Patricia E. Wood ~Sianed) Patricia E. Wood (Printed) 5/15/96
Agenda Item No. 13. ZTA-96-01. Public Hearing on a Resolution by the Planning Commission to amend the
Albemarle County Zoning Ordinance to require posting by staff of public hearing notice signs for rezoning and special
use permit petitions.
Removed from the agenda and will be reedvertised for public hearing at the appropriate time.
Agenda Item No. 15. Other Matters not Listed on the Agenda from the BOARD.
Mr. Tucker informed Board members that he received notice from VDoT indicating that the County would
receive $409 000 in Highway Revenue Sharing Funds instead of the $500,000 requested. Subsequent to that he
earned that the State was offering localities that were not fully funded, an opportunity to reapply for some additional
funds up to $50.000. Motion was made by Mrs. Thomas, seconded by Mr. Perkins, to authorize the County
Executive to apply for an additional $50,000 in Revenue Shadng Funds.
Memb To: Robert W. Tucker, Jr. V. Wayne Cilimberg
Date: May 16, 1996
Page 7
Mr. Tucker said additional funds are needed for the improvement of Route 649 (Airport Road). The County
is short $150,000 this year and potentially $150,000 next year. He suggests using the additional $41,000 that was
included in the CIP for Revenue Sharing and using revenues from the transient occupancy tax. He will bring this to
the Board for discussion on June 5th.
Mr. Perkins suggested staff write a letter to ConAgra confirming news reports that the Crozet plant will not be
affected by proposed layoffs and giving them any encouragement we can.
Mrs. Thomas referred to Mr. Roell's comments about preliminary plan approvals. Mr. Cilimberg said his staff
is looking at a zoning text amendment to change the six months to one year. He also added that an applicant can
request a time extension from him; as agent for the Board.
Mr. Bowerman asked why staff could not develop language for a light pollution ordinance setting out the type
of lighting the County wants on property. He would like to see something similar to the sign ordinance.
Mrs. Humphris asked if the County was allowed to install cameras on traffic lights at intersections which would
photograph all cars entering an intersection after the signal has turned red, which then would automatically allow for
a traffic ticket to be issued to the registered owner of the car. Mr. Tucker said he would look into it.
Mrs. Humphris brought to the Board's attention a Ietter she received from a resident of Georgetown Green
detailing problems the subdivision is having with students from Albemarle High School She wants the staff to be
aware of this since the situation will be similar for Monticello High School given its location.
APPOINTED Ms. Sherry Buttrick to the Agricultural and Forestal District Advisory Committee.
Agenda item No. Adjourn. The meeting was adjourned at 9:46 p.m.
/ewc
Attachments (3)
cc: Richard E. Huff, II
Roxanne VVhite
Kevin Castner
Jo Higgins
Amelia McCulley
Bruce Woodzell
Larry Davis
Richard Wood
Jan Sprinkle
File
APPROPRIATION REQUEST
FISCAL YEAR
95/96
NUMBER 95072
TYPE OF APPROPRIATION
ADDITIONAL
TRANSFER X
NEW X
ADVERTISEMENT REQUIRED ? YES
NO
FUND
SCHOOL/BUS REPL.
PURPOSE OF APPROPRIATION:
APPROPRIATION OF FUNDS IN THE BUS REPLACEMENT FUND AND CONTRIBUTION
FROM WOODBROOK PTO.
EXPENDITURE
COST CENTER/CATEGORY DESCRIPTION AMOUNT
1390562320800506 SCHOOL BUS REPLACEMENT $200,000.00
1221261101114100 SALARIES-TEACHING ASSISTANTS
5,500.00
TOTAL $205,500.00
REVENUE DESCRIPTION AMOUNT
2390551000512001 DEVELOPER-MILL CREEK 5200,000.00
2200018000181140 WOODBROOK PTO 5,500.00
TOTAL
$205,500.00
REQUESTING COST CENTER:
EDUCATION
APPROVALS:
DIRECTOR OF FINAIqCE
BOARD OF SUPERVISORS
SIGNATURE
DATE
APPROPRIATION REQUEST
FISCAL YEAR
95/96 NUMBER 95073
TYPE OF APPROPRIATION
ADDITIONAL
TR3kNSFER
NEW
X
ADVERTISEMENT REQUIRED ? YES
NO
X
FUND
GENEP-AL
PURPOSE OF APPROPRIATION:
EMS FUNDS RECEIVED EXCEEDED BUDGET PROJECTS AND IS TO BE DISBURSED TO
THE RESCUE SQUADS.
EXPENDITURE
COST CENTER/CATEGORY DESCRIPTION AMOUNT
1100032030565002 CH'VILLE/ALB RESCUE SQUAD $3,000.55
1100032030565102 WESTERN/ALB RESCUE SQUAD 3,000.55
1100032030565202 SCOTTSVILLE RESCUE SQUAD 3,000.55
TOTAL $9,001.65
REVENUE DESCRIPTION AMOUNT
210002400~240415 EMS FUNDS $9,001.65
TOTAL $9,001.65
REQUESTING COST CENTER:
FINANCE
APPROVALS:
DIRECTOR OF FINANCE
BOARD OF SUPERVISORS
S I GNATI/RE
DATE
_~-.; ~'
SERVICE AGREEMENT
THIS AGREEMENT, made this 15thday of May, I996, by and
between the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision, (the
"County"), and the SCOTTSVILLE VOLUNTEER RESCUE SQUAD, INC. a
Virginia Corporation, (the "Rescue Squad").
WHEREAS. the Rescue Squad agrees to continue to provide valuable
rescue squad services in Albemarle County in its deliniated service area as set forth on
the Response Area Maps located at the Emergency Operations Center ("Service
Area"); and
WHEREAS, the Rescue Squad desires the County to contribute Two
Hundred Fifty Thousand Dollars ($250,000) for the purchase of land and
construction of a rescue squad building in said. Service Area.
NOW, THEREFORE, for and in consideration of the above stated
premises the County and Rescue Squad agree, as follows:
1. The County shall contribute to the Rescue Squad Two Hundred
Fifty Thousand Dollars ($250,000) to be used for the purchase of land and the
construction of a rescue squad building in Albemarle County. The funds shall be
allocated from the County's Fire Fund ("Fund") and shall be made available in two
~nstallments. The first installment, in the amount of One Hundred Twenty Five
.Thousand Dollars ($I25,000) shall be delivered upon demand after the execution of
tkis Agreement. The second instailment, in the amount of One Hundred Twenty
Five Thousand Dollars ($125,000) shall be delivered upon demand when needed
after July 1, 1996.
2. The Rescue Squad agrees that the County will withhold Sixteen
Thousand Six Hundred Sixty SLx Dollars and Sixty Seven Cents ($16,666.67) from
the County's annual appropriation to the Rescue Squad's operating budget for fifteen
~15) years beginning July I, 1996, and ending after a final withholding on July I,
2010, and that such withholding may be used by the County. to replenish the Fund
for so long as the County_ at its discretion, continues such Fund. This witkholding
shah be in addition to the withholding pursuant to the preexisting February 3, 1995
Service Agreement.
3. The Rescue Squad agrees that the Two Hundred Fifty Thousand
Dollars ($250,000) contribution shall be used only for the purchase of land and the
construction of a rescue squad building in the Service Area in Albemarle County.
The Rescue Squad further agrees that said land and improvements shall be owned
and tided jointly with the County and that both the Rescue Squad and the County
shall be named insureds on any insurance for the property.
4. The Rescue Squad agrees that at such time as it no longer provides
voluntary rescue squad services in Albemarle County while operating under the
iurisdiction of the County that it shall convey alt of-its interest in the property
described in paragraph 3. including ali appurtenances thereto and improvements
thereon, to the County at no additional cost to the County upon the County's
request.
$. The County and Rescue Squad agree that the covenants set forth in
their prior agreements dated October t5, 1987, July 19. 1989 March t6, 1993, and
February 3, 1995, to the exxent they are not in conflict with this Agreement, shall
remain in full force and effect.
Nothing contained herein shall be construed to prevent additional
appropriations by the County to the Rescue Squad, at the discretion of the County
Board of Supervisors, to support, enhance, or augment the services to be provided by
the Rescue Squad.
Witness the following signatures and seals:
Date
Date
SCOTTSVILTE'XTC~LUN~EER RESCUE
SQUAD, INC.
Approved as to Form:
2
Approved as to Form:
,~ounty ~'~orney
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE:
The foregoing ~nstrument was signed, sworn to and acknowledged before me
this 10~ day of May, 1996 by Robert. Wo Tucker, Jr.
Notary Public /
My Connnission Expires: ~-~wO
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE:
T/he foregoing instrument was signed, sworn to and admowledged before me
this/__2~ day of May, t996 by .7). ,(.
/ ~/Notary Public
My Commission Expires:
May 15, 1996
Ms. Charlotte Httmphris
Chairman of the Board
Board of Supervisors
Albemarle County
401 Mclntire Road
Charlottesville, VA 22902
Dear Ms. Humphris,
t would like to request that the Board consider implementing a dog-barking ordinance
in Albemarle County. Currently, such an ordinance is in existence for the City of
Charlottesville, however none exists for the County. [ live at 162 Georgetown Road in the
County and feel, as do many of my neighbors, that some regulation is desperately needed.
Out community has had a rectm'ent problem with excessive noise generated by a dog owned
by an individual named Dorothy Marsh at 127 West Park Drive. Many of us have repeatedly
made pleas with various individuals, including the Albemarle Police Department, Animal
Control, the Humane Society, as well as with Ms. Marsh, to no avail. Apparently, nothing
can be done to restrict Ms. Marsh's disturbances since no law currently is on the books
pertaining to barking dogs. My landlord, Jenny Garton, of Hessian Hills Apartments, has
made a number of attempts to urge Ms. Marsh to curtail her dog's barking. These pleas were
ignored by Ms. Marsh and others are unable to help due to the lack of an ordinance
specifically directed at dog barking.
I am here today to bring this problem to your attention in the hopes ti'mt you might be
willing to reevaluate the regulation of dog barking in our CoUnty. The ~eneral noise
ordinance, which regulates the playing of loud s~ereos, and other excessive noise, does not
appear to apply to dogs as far as any governing agency can determine. I am bringing copies
of a petition circulated within our complex attesting to the desperate need for such an
ordinance. Additionally, I am enclosing copies of letters written by myself and others to the
Hessian I-h21s landlord about this dog-barking problem. I am hopeful that you will deem
such an amendment to the noise ordinance necessary. Thank you for your consideration.
Sincerely,
162 Georgetown Road #3
Charlottesville, VA 22901
(804) 293-9418
118 Georgetown Road, Apt. #1
Charlottesville, Virginia 22901
804-296-8303
May 15, 1996
Dear Albemarle County Board of Supervisors:
Due to a prior commitment I am unable to attend
tonight's meeting where discussion will be held regarding
consideration of a dog disturbance ordinance being enacted.
I have given Georgina Slavoff copxes of correspondence
and a petition c~rculated to residenss of Hessian Hills
Apartments. The disturbance of the dog at 127 West Park
Drive IS causing great distress to current residents at
Hessian Hills. The supporting documents span the most
recent eight month period. The "barking dog" has been a
problem for residents for many years. Many past residents
have moved from our apartments because of this disturbance.
Many current residents are threatening to do the same.
I am sure there are other more densely populated areas
of the county that are experiencing similar problems.
Please give serious considerati3n to enactment of an
ordinance covering dog owner's responsibility to maintain
their dogs in a fashion so as not to disturb bhe peaceful
living of their surrounding neighbors.
Sincerely,
Property Manager
118 Georgetown Road, Apt. #1
Charlottesville, Virginia 22901
804-296-8303
October 1] , 1995
Ms. Dorothy V. Marsh
127 West Park Drive
Charlottesville, VA 22901
Dear Ms. Marsh:
Once again I am asking for your cooperation in
controlling your dog's barking. The dog's barking, both day
and night, is disturbing our residents' peaceful living.
Many of these residents have threatened to move if something
is not done.
I have spoken to you in the past about this problem.
The dog's barking has continued. We have had people move
from Hessian Hills Apartments who have stated that the
reason they were moving is because of the dog's incessant
barking.
Most recently a petition has been circulated to see
just how many of our residents are being disturbed by your
uncontrolled dog. Many of these residents have threatened
to move if their peaceful living continues to be disturbed.
(I have enclosed copies of the signed petition(s).)
I am respectfully askin~ for your cooperation in control-
ling your dog. If Hessian Hills Apartments experiences
more loss of income because of this problem, I will have
no choice but to put this situation into the hands of an
attorney.
Should you have any questions, please do not hesitate
to contact me at 296-8303. I remain hopeful that you will
want to remedy this situation without either of us having to
go to the expense of legal action.
JG/bb
Enclosures
Sincerely,
Jenny B. Garton
Rental Manager
U.S. POSTAGE
22905
OCT . 'F-
118 Georgetown Road, Apt. #1
charlottesville, Virginia 22901
804-296-8303
We the undersigned residents of Hessian Hills
want the dog belonging to DOROTHY VIA MARSH
of 127 WEST PARK DRIVE, CHARLOTTESVILLE, VA 22901
Apartments
to be controlled and stopped
barking both day and night is
living.
from barking. The dog's
disturbing our peaceful
Name
Address
/52 -- ~
118 Georgetown Road, Apt. #1
charlottesville, Virginia 22901
804-296-8303
We the undersigned residents of Hessian Hills
want the dog belonging to DOROTHY VIA MARSH
of 127 WEST PARK DRIVE, CHARLOTTESVILLE, VA 22901
Apartments
to be controlled and stopped
barking both day and night is
living.
from barking. The dog's
disturbing our peaceful
Name
Address
118 Georgetown Road, Apt. #1
charlottesville, Virginia 22901
804-296-8303
We the undersigned residents of Hessian Hills
want the dog belonging to DOROTHY VIA MARSH
of 127 WEST PARK DRIVE, CHARLOTTESVILLE, VA 22901
Apartments
to be controlled and stopped from barking. The dog's
barking both day and night is disturbing our peaceful
living.
Adflress
e man partmrttI
118 Georgetown Road, Apt. #1
charlottesville, Virginia 22901
804-296-8303
PETITION
We the undersigned residents of Hessian Hills
want the dog belonging to DOROTHY VIA MARSH
of 127 WEST PARK DRIVE, CHARLOTTESVILLE, VA 22901
Apartments
to be controlled and stopped from barking. The dog's
barking both day and night is disturbing our peaceful
livin§.
Address
parimrn/
118 Georgetown Road, Apt. #1
Charlottesville, Virginia 22901
804-296-8303
PETITION
We the undersigned residents of Hessian Hills Apartments
want the dog belonging to DOROTHY VIA MARSH
of 127 WEST PARK DRIVE, CHARLOTTESVILLE, VA 2290]
to be controlled and stopped from barking. The dog's
barking both day and night is disturbing our peaceful
living.
Address
Febmary26,[996
Hessian Hills Apartments
Ms. Jenny Gatton
2400 Barracks Road
Charlottesville, VA 22901
Dear Ms. Garton,
This is a letter of complaint in regards to the constant barl~ng at all hours of the dog belonging to the house
located behind our apartment building of t62. This dog will bark in the day and coustantly on through the
night and early morning. Even during the recent snow storms that we have liad in the past months, the dog
continued on with his usual noise. In as much as he is creating a lot of noise and causes much lost sleep for
my roommate and myself (and I am sure for other residents in this building), the question of the
mistreatment ofthe animalarises. [tmakesonewonderhowthe owner ofthe dog can leave it outsidein
such cold, often below ~eehng, weather without any concerns to the dog's health.
Tiffs barking is the source of much annoyance and makes living here difficult We find the Hessian Hills
apartments to be a pleasant community to reside in and would find it unfortunate to have to relocate due to
the dog's barl4ng. However, if the constant noise continually wrecks havoc on one's much needed sleep
then little options are left open. We ask that management look into this matter towards eliminating the
no~se or towards greatly reducing it. I work at night and sleep during the day and my roommate studies m
the day and sleeps at mght while the dog barks 24 hours of the day. Please help us live in a more peaceful
and quiet envkonment, stop the barking (soon).
Sincerely,
Poupee Mol
Resident of 162~3
February l8, 1996
Hessian Hills Apartments
118 Georgetown Road. Apt.
Charlottesville, VA 22901
Dear Apartment Manager:
I am writing to file a complaint about the dog living in the house behind my apartment. I
recently moved into one of your apartments, 162//3, and have found the noise level to be
intolerable. The person who owns the house at 127 West Park Drive leaves her dog outside
at all hours of the day and night and the dog barks nonstop. During the day the noise does
not bother me as much, but at night, I simply cannot get any sleep. I understand that the
dog's owner does not bring the dog inside her house during the night because he keeps her
awake with his barking. Instead, all of the tenants who live behind her are repeatedly
awakened in the middle of the night and then kept awake until the morning. I find this to be
extremely inconsiderate and offensive. I know that you have received numerous complaints
over the years and sincerely hope that you can do something to encourage her to control her
dog's barking. If something is not done, however, I will be left with no choice but to move
out of my apartment.
Thank you for your prompt attention in this matter.
Sincerely,
162 Georgetown Road #3
Charlottesville, VA 22901
(804) 293-(~J~ q,41c8
Hessian Hills Apartments
118 Georgetown Road,Apt. #1
Charlottesville,VA 22901
164 Georgetown Rosd Apt. #1
Charlottesville,VA 22901
To Whom it may concern:
I would like to go on record as saying that unless the barking
dog, in the property behind my apartment, is silenced, I will
be forced to move, and not renew my lease when it becomes due.
I have lived here since last summer and have been very annoyed
by the incessant barking all this time.
I signed a petition to have something done about it,but so far,
nothing has been done, and if it isn't silenced I will be
forced to move.
Sincere]y,
MarkMalyn
Hessian Hills Apartments
118 Georgetown Road,Apt.
Charlottesville,VA 22901
#1
162 Georgetown Road
Apt. #1
Charlontesvilie,VA
22901
To Whom it may concern:
I am writing to complain,vehemently, about the barking dog in
the property directly behind my apartment.
I have lived here since September 1994, and have been suffering
with the aggravation of the incessant barking long enough.
I have called the police on several occasions, but to no avail.
I hav~ signed a petition ~o protest,also ~o no avail. Now I
must say that, as much as I enjoy my apartment, I will be forced
to move ~o get away from the nerve wracking barking, which
disturbs, not only me, but the peace of the entire neighborhood.
It is the time of year when I must decide whether to sign a
lease for another year of living here. I must say, that I
shall seriously consider NOT signing a new lease unless the dog
is silenced!.
The dog is reasonably quiet during the day, but from dark until
11,12 or after, in some cases, it barks non-stop.
Thank you for any help and/or consideration you may give me.
sd__cere~ly'~ ~
· Ja~/Yoho
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mclntire Road
Charlottesville, Virginia 22902-4696
(804] 296-584~ FAX [804) 296-5800
MEMORANDUM
Charles S. Martin
Walter F. Perkins
Sally H. Thomas
TO:
FROM:
DATE:
SUBJECT:
Melvin Breeden, Direcuor of Finance
Ella W. Carey, Clerk ~
May 16t 1996
Board Actions
At its meeting on May 15, 1996, the Board of Supervisors took the
following actions:
Agenda Item No. 5.la. Appropriation: School Division - $205~500 (Form
~95072). Approved. Attached is the signed form.
Agenda Item No. 5.lb. Appropriation: Rescue Squads - S9,001.65 {Form
%95073). Approved. Attached is the signed form.
Agenda Item No. 5.2. Set public hearing to consider Lease Agreement
with U. S. Cellular Mobile Telephone Network to lease space on radio tower a~
Bucks Elbow for June 5, 1996 at 9:50 a.m.
Agenda Item No. 5.3. Authorize County Executive to execute Service
Agreement with the Scottsville Volunteer Rescue Squad, Inc. Attached is a
copy of the Agreement.
EWC:aw
Attachments (3)
CC:
Richard E. Huff, II
Roxanne White
Kevin Castner
Karen Morris
File
Printed on recycled paper
APPROPRIATION REQUEST
FISCAL YEAR
95/96
NUMBER
95072
TYPE OF APPROPRIATION
ADDITIONAL
TRANSFER X
NEW X
ADVERTISEMENT REQUIRED ? YES
NO
X
FUND
SCHOOL/BUS REPL.
PURPOSE OF APPROPRIATION:
APPROPRIATION OF FUNDS IN THE BUS REPLACEMENT FUND AND CONTRIBUTION
FROM WOODBROOK PTO.
EXPENDITURE
COST CENTER/CATEGORY DESCRIPTION AMOUNT
************************************************************************
1390562320800506 SCHOOL BUS REPLACEMENT $200,000.00
1221261101114100 SALARIES-TEACHING ASSISTANTS
5,500.00
TOTAL $205,500°00
REVENUE DESCRIPTION AMOUNT
2390551000512001 DEVELOPER-MILL CREEK $200,000.00
2200C18000181140 WOODBROOK PTO 5,500.00
TOTAL
$205,500.00
REQUESTING COST CENTER:
EDUCATION
APPROVALS:
DIRECTOR OF FINANCE
BOARD OF SUPERVISORS
S I GNATURE
DATE
APPROPRIATION REQUEST
FISCAL YE&R 95/96
TYPE OF APPROPRIATION
NUMBER
ADDITIONAL
TRANSFER
NEW
X
95073
ADVERTISEMENT REQUIRED ?
YES
NO X
FUND
GENERAL
PURPOSE OF APPROPRIATION:
EMS FUNDS RECEIVED EXCEEDED BUDGET PROJECTS AND IS TO BE DISBURSED TO
THE RESCUE SQUADS.
EXPENDITURE
COST CENTER/CATEGORY DESCRIPTION AMOUNT
1t0G032030565002 CH'VILLE/ALB RESCUE SQUAD $3,0G0.55
1100032030565102 WESTERN/ALB RESCUE SQUAD 3,000.55
1100032030565202 SCOTTSVILLE RESCUE SQUAD 3,000.55
TOTAL $9,001o65
REVENUE DESCRIPTION AMOUNT
2100024000240415 EMS FUNDS $9,001.65
TOTkL $9,001.65
REQUESTING COST CENTER:
FINANCE
APPROVALS:
DIRECTOR OF FINANCE
BOARD OF SUPERVISORS
S I GNATURE
DATE
SERVICE AGREEMENT
THIS AGREEMENT, made this isthday of May, 1996, by and
between the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision, (the
"County"), and the SCOTTSVILLE VOLUNTEER RESCUE SQUAD, INC. a
Virginia Corporation, (the "Rescue Squad").
WHEREAS, the Rescue Squad agrees to continue to provide valuable
rescue squad services in Albemarle County in its deliniated service area as set forth on
the Response Area Maps located at the Emergency Operations Center ("Service
Area"); and
WHEREAS, the Rescue Squad desires the County to contribute Two
Hundred Fifty Thousand Dollars ($250,000). for the purchase of land and
construction of a rescue squad building in said Service Area.
NOW, THEREFORE, for and in consideration of the above stated
prermses the County and Rescue Squad agree, as follows:
1. The County shall contribute to the Rescue Squad Two Hundred
Fifty Thousand Dollars ($250,000) to be used for the purchase of land and the
construction of a rescue squad building in Albemarle County. The funds shall be
allocated from the County's Fire Fund ("Fund") and shall be made available in two
installments. The first installment, in the amount of One Hundred Twenty Five
Thousand Dollars ($125,000) shall be delivered upon demand after the execution of
this Agreement. The second installment, in the amount of One Hundred Twenty
Five Thousand Dollars ($125,000) shall be delivered upon demand when needed
after luty 1, 1996.
2. The Rescue Squad agrees that the County will withhold Sixteen
Thousand Six Hundred Sixty Six Dollars and Sixty Seven Cents ($16,666.67) from
the County's annual appropriation to the Rescue Squad's operating b~tdget for fifteen
(15) years beginning July 1, 1996, and ending after a final withholding on luly 1,
2010, and that such withholding may be used by the County to replenish the Fund
for so long as the County, at its discretion, continues such Fund. This withholding
shall be in addition to the withholding pursuant to the preexisting February 3, 1995
Service Agreement.
3. The Rescue Squad agrees that the Two Hundred Fifty Thousand
Dollars ($250,000) contribution shall be used only for the purchase of land and the
construction of a rescue squad building in the Service Area in Albemarle County.
The Rescue Squad further age'es that said land and improvements shall be owned
and titled jointly with the County and that both the Rescue Squad and the County
shall be named insureds on any insurance for the property.
4. The Rescue Squad agrees that at such time as it no longer provides
voluntary rescue squad services in Albemarle County while operating under the
jurisdiction of the Cotmty that it shall convey all of its interest in the property
described in paragraph 3, including all appurtenances thereto and improvements
thereon, to the County at no additional cost to the County upon the County's
request.
5. The County and Rescue Squad agree that the covenants set forth in
their prior agreements dated October 15, 1987, July 19, 1989, March 16, 1993, and
February 3, 1995, to the extent they are not in conflict with this Agreement, shall
remain in full force and effect.
Nothing contained herein shall be construed to prevent additional
appropriations by the County to the Rescue Squad, at the discretion of the County
Board of Supervisors, to support, enhance, or augment the services to be provided by
the Rescue Squad.
Date
Witness the following signatures and seals:
Date
S C6~'SVILLE'96LUN~I'EER RESCUE
SQUAD, INC.
Approved as to Form:
2
Approved as to Form:
~f-6~nty 4~'omey
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE:
The foregoing instrument was signed, sworn to and acknowledged before me
this I/a~day °fMay' 1996 byR°be~ W' Tucke~'f~~--?/~;( ~C4_f~f
Notary Public /
My Commission Expires: ~ -~9
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE:
Tine foregoing instrume,nt was signed, sw~owledged before me
this/_._~ day of Ma-y, 1996 b) ~. ,~. .
gNotary Public
My Commission Expires:
COUNTY OF ALBEMARLE .
EXECUTIVE SUMMARY
~TION: iNFORMATION:
SUBJECT/PROPOSAL/REQUEST:
Request approval of appropriation #95072 in the amount of
$205,500.00
Messrs. Tucker, Castner, Breeden =
BACKGROUND:
CONSENT AGENDA:
ACTION: X
INFORMATION:
ATTACHMENTS: ///~ ~
At its meeUng on April 22, 1996, the School Board approved the following appropriaUons.
_DISCUSSION:
Appropriation of $200,000.00 for School Bus Replacement. The School Board, as part of the FY 95-96 budget,
appropriatedappr°ved theintoeStablishmenta fund code.°f a bus replacement fund in the amount of $200,000.00. This fund was never formally
Appropriation of $5,500.00 from the Woodbrook PTO. Woodbrook Elementary School received a $5,500.00 donation
from the Woodbrook PTO to cover additional staffing expenses.
RECOMMENDATION:
Staff recommends approval of appropriation #95072 in the amount of $205.500.00.
95072.WPD
96.088
COU NTY OF ALSEM AR Lg
BOARD OF SUPER¥.~~ COUi~ PUBLIC SCHOOLS
Memorandum
D~TE:
TO:
FROM:
EE:
April 23, 1996
Robert W.~r, Jr., County Executive
~s~aSfor~A~p~o~uperintendent
At its meeting on April 22, 1996, the School Board approved the
following appropriations:
o Appropriation of $200,000.00 for School Bus Replacement. The
School Board, as paru of the FY95-96 budget, approved the
establishment of a bus replacement fund in the amount of
$200,000.00. This fund was never formally appropriated into a
fund code.
Appropriation of $5,500.00 from the Woodbrook PTO. Woodbrook
Elementary School received a $5,500.00 donation from the
Woodbrook PTO to cover additional staffing expenses.
Revenue:
2-3905-51000-510100
2-2212-18000-181140
Woodbrook PTO
$200~000.00
$5,500.00
Expenditure:
1-3905-62320-800506
1-2212-61101-114100
School Bus Replacemenu
Salaries-Teaching Asslstanus
$200,000.00
$5,500.00
It is requested that the Board of Supervisors amend the appropriation
ordinance ~o receive and disburse these funds as displayed above.
/ srFd~
xc: Melvin Breeden
~a Carey
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Appropdaticn - Rescue Squads
SUBJECT/PROPOSAL/REQUEST:
Request approval of Appropriation #95073 in the amount of
$9,001.65 for addltio~al Twa-For-Life funds for the three
rescue squads.
STAFF CONTACT(S):
Messrs. Tucker, Breeden, Ms. White
BACKGROUND:
AGENDA DATE:
May15,1996
ITEM NUMBER:
ACTION: !NFORMA~ON
CONSENTAGENDA:
ACTION.: X INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY: ~~
/
The County of Albemarle receives funds each year from the State Office of Emergency Medical Services. The amount is based
on $2.00 per passenger vehicle, pickup and panel truck registered and is a portion of the annual State vehicle registration fee.
State law requiresthat 25% of file fees collected be returned to the Iocalibj in which the vehicle is registered. The use of these
funds is restricted for emergency medical services.
DISCUSSION:
The County received $9,001.65 more in FY 1995/96 than was appropriated to the three rescue squads. The County has
trad~onally appropriated the total received to the three rescue squads. This request is to adjust the FY 1995/96 appropriation
to pass the additional funds on to the rescue squads.
RECOMMENDATION:
Staff recommends approval of Appropriation #95073 in the amount of $9,001.65 as detailed on the attached form.
95073.WPD
96.087
DATE
AGENDA 1T~ NO.
AGENDA 1T,Tmi NAME
D~&~ I~T~L
Form. 3
7125186
SERVICE AGREEMENT
THIS AGREEMENT. made this t5thday of May, 1996, by and
oetween the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision, (the
"County"), and the SCOTTSVILLE VOLUNTEER RESCUE SQUAD, INC. a
Virginia Corporation, (the "Rescue Squad").
WHEREAS, the Rescue Squad agrees to continue to provide valuable
rescue squad services in Albemarle County in its deliniated service area as set forth on
the Response Area Maps located at the Emergency Operations Center ("Service
Area"); and
WHEREAS, the Rescue Squad desires the County to contribute Two
Hundred Fifty Thousand Dollars ($250,000) for the purchase of land and
construction of a rescue squad building in said Service Area.
NOW, THEREFORE, for and in consideration of the above stated
premises the County and Rescue Squad agree, as follows:
1. The County shall contribute to the Rescue Squad Two Hundred
Fifty Thousand Dollars ($250,000) to be used for the purchase of land and the
construction of a rescue squad building in Albemarle County. The funds shall be
allocated from the County's Fire Fund ("Fund") and shall be made available in two
installments. The first installment, in the amount of One Hundred Twenty Five
Thousand Dollars ($125,000) shall be delivered upon demand after the execution of
this Agreement. The second installment, in the amount of One Hundred Twenty
Five Thousand Dollars ($125,000) shall be delivered upon demand when needed
after July 1. 1996.
2. The Rescue Squad agrees that the County will withhold Sixteen
Thousand Six Hundred Sixty SLx Dollars and SLxty Seven Cents ($ t 6,666.67) from
the County's annual appropriation to the Rescue Squad's operating budget for fifteen
(15) years beginning July 1, 1996, and ending after a final withholding on July 1,
2010. and that such withholding may be used by the County to replenish the Fund
for so long as the County, at its discretion, continues such Fund. This withholding
shall be in addition to the withholding pttrsuant to the preexisting February 3, 1995
Service Agreement.
3. The Rescue Squad agrees that the Two Hundred Fifty Thousand
Dollars ($250,000) conttibution shall be used only for the purchase of land and the
construction of a rescue squad building in the Service Area in Albemarle County.
The Rescue Squad further agrees that said land and improvements shall be owned
and tided jointly with the County and that both the Rescue Squad and the County
shall be named insureds on any insurance for the property.
4. The Rescue Squad agrees that at such time as it no longer provides
voluntary rescue squad services in Albemarle County while operating under the
jurisdiction of the County that it shall convey all of its interest in the property
described in paragraph 3, including all appurtenances thereto and improvements
thereon, to the County at no additional cost to the County upon the County's
request.
5. The County and Rescue Squad agree that the covenants set forth in
their prior agreements dated October 15, 1987, July 19, 1989, March 16, 1993, and
February 3, 1995, to the extent they are not in conflict with this Agreement, shall
remain in full force and effect.
Nothing contained herein shall be construed to prevent additional
appropriations by the County to the Rescue Squad. at the discretion of the County
Board of Supervisors. to support, enhance, or augment the sermces to be provided by
the Rescue Squad.
Date
Witness the following signatures and seals:
Date
SC62°FSVIL~E'96LUNTE' ER RESCUE
SQUAD, INC.
Approved as to Form:
2
Approved as to Form:
~uunty ~t'orney
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE:
The foregoing instrument was signed, sworn to and aclmowledged before me
this lbm day of May, 1996 by Robe~ W. Tucker, Jr.
Notary Public
My Coa~nission Expires: q-.~0
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE:
T~he foregoing instrument was signe.d, sw~dmowledged before me
this/~dayofMay, 1996by 9. d _ .
/ / ~Notary Public
My Commission Expires:
94-011.001
TO: STATE COMPENSATION BOARD
FOR: MONTH OF APRIL, 1996
STATEMENT OF EXPENSES
DEPARTMENT COUNTY STATE TOTAL
SHARE SHARE
Department of
Finance - 0 - - 0 - - 0 -
Sheriff -0- 6,803.18 6,803.18
Commonwealth, s
Attorney -0- -0- -O-
Regional Jsil -0- -0- -O-
Clerk, Circuit Court -0- -0- -0-
NOTE:
Expenses listed above are only those office, expenses in
which the State Compensation Board has agreed to
participate, and are not the total office expenses of
these departments.
COMMONWEALTH of VIRGIN]
Office o£ the Governor
Mayg, 1996
Robert T. Skunda
Secretary of Comanerce and Trade
The Honorable Charlotte Y. Hump~s
Chai. _,'man_
Albemarle County Board of Supervisors
401 Mclntire Road
Charlottesville, Virginia 22902-4592
Dear Chah'man Itumphris:
Governor Allen has asked me to thank yon for and respond to your letter requesting that
he include Albemarle Connty in his request for a disaster declaration resulting from this winter's
extreme cold.
I understand that you have received a copy of the Governor's letter to Dan Glickman, the
United States Secretary of Agriculture, where he requested that both Orange and Madison
Counties be declared disaster areax In that letter, the Governor specifically mentioned that there
had also been damage in Albemarle County, however, since damage assessment reports for the
county had not yet been completed, it could not be included in the Governors request. Moreover,
the Governor had m submit his request to Secretary Glickman by May 3 to meet the ninety day
notification deadline required lay the U.S. Department of Agriculture (USDA). Should Secretary
Gliclmmn designate Orange County a disaster area, then farmers in Albemarle County are
automatically eligible under USDA regulatioe~s since it adjoins Orange. I will make sure you are
kept apprised of any news that we receive from the USDA about this disaster declaration request.
Again~ thank you for sharing this information with me.
With best wishes, I am
RTS&~
Box 147~ · Richmond. V'ngirda23212 o (804) 786-7831 · TDD (804) 786-7765
· ~BG · FINANCIAL SERVICES, INC.
May 8, 1996
C'~URCHVlLLE.410.879.9918M,~.¥1.^ND 21028 ~', 0,~--/~-~ ~..~, ~, )
FAX 410438-5360
Ms. Arlene Hemandez
Assistant Treasurer
The Bank of New York
101 Barclay Street, 21W
New York, New York 10286
Re: Arbor Crest Apartmems (Hydraulic Road Apts.)
COU NTY OF ALBEMARLE:
BOARD OF SUPERVISORS
Dear Ms. Hernandez:
Enclosed please find a revised copy of the Bond Program Report for the above referenced project
for the month of February 1996.
Also, enclosed is a copy of the Bond Program Report for March 1996.
If you have any questions, please do not hesitate to call me.
Sincerely,
Project Monitor
/shm
enclosure
cc: Ms. Elia W. Carey, Clerk, CMC
Albemarle County Board of Supervisors
401 Mclntire Road
Charlottesville, VA 229024596
REVISED R P ~
Effective February 29, 1996
RE:
MONTHLY REPORT PURSUANT TO
SECTION 7(a) OF THE DEED RESTRICTIONS
ABG Associates, Inc.
300 E. Lcr~em~d Street
Baltimore, Marylahd 21202
Hydraulic Road Apartments - Arbor Crest Apa~u~nts
Charlottesville, Virginia
Pursuant to Section 7(a) of the Deed Restrictions (the "Deed
Restrictions"), as defined in an Indenture of Trust dated as of
April 1, 1983, between the Industrial Development Authority of
Albemarle County, Virginia (the "A '
uthorzty ), and your bank, as
trustee, the undersigned authorized representative of
Richmond-Albemarle Limited Partnership, a Virginia Limited
Partnership (the "Purchaser"), hereby certifies with respect to
the operation and management of HyDraulic Road Apartments,
Charlottesville,shown below: Virginia (the "Project"), that as of the date
1) The numbe~ of units in the Project occupied by
lower income tenants is 16
2) The number of units in the Project unoccupied and
held available for Lower Income Tenants ls -0-
3) The number of units rented and the number of units
held available for rental other than as described in
(i) and (2) is 50 .
4) The percentage that the number of units described in
(1) and (2) hereof constitute of the total number of
units in the Project is 24I .
5) The information contained in this report is true,
accurate and correct as of the date hereof.
6) As of the date hereof, the Purchaser is not in
default under any covenant or agreement contmined
in the Deed Restrictions or in an Agreament of Sale
dated as of April 1, 1983, between the Authority and
the Purch&ser.
IN WITNESS WHEREOF,
March 6, 1996
the undersigned has signed this Report as of
RICHMOND-ALBEMARLE LIMITED
PARTNERSHIP, a Virginia
limited partnership
Authorized Re~resentative
Month February ¥~af 1996
P~O~Y:
tOciliOn: Charlottesville, VA
Su~m,tll~ ~¥: Loretta Wyatt
I. LOWER tNCOkl~
Arbor Crest Apartmemts (Hydraulic Road Ap~.s.)Pfo~t I: 051-35371
Numl~t Of Units 66
March 6, 1996 Effective 2/29/96
Total Occupied 66
Bond Occupied 16
A Arbor Crest Dr Beverly T. Lane
I ._ 21 . 41 .. 61.
2 6 Arbor Crest Dr 22 .Wilma M, Atkinson 42 .. ~.
] 7 Arbor Crest Dr 23 Florence Le'e Carey 43 ~.
4 _ 9 Arbor Crest Dr. 24 Virginia Burton 4~ ~1.
5 12 Arbor Crest Dr. 25 G~. Robert Stone 45 ~.
6 14 Arbor Crest Dr 26 Betty L. Ree~ 46 ~.
; 18 Arbor Crest D~. 27 Evelyn Mande~ille 47 67.
8 30 Arbor Crest Dr ~8 Mary Cox Allen 48 ~
g 44 Ar~or Crest Dr ~9 Sam Atherton 49 ~.
10 56 Arbor Crest Dr ~0 Rarlan W. Hooe ~O 70.
II 76 Arbor Crest Dr 31 ~nn G. Saylor ~1 71.
12. 78 Arbor Crest DT 3~ Ernest M. Nease $2 72
13 84 Arbor Crest Dr ~3.Juanita Boliek ~3 7~.
14 90 Arbor Crest D~ ~4 Betty B. Elliott ~4 74.,,
t5 94 Arbor C~est Dr 35 M. Eileen Knick 55 · 75.
~6 106 Arbor Crest Dr ~6 Katherine T. Nowlen ~ 76._,
t? '37 57. ??.
tS ~8 ~8 75. '
~ _ ~g sg 70.
20 40 ~0 ~0.
Arbor Crest Dr ~1 ,Betty Meador 1 .... Sh
12 2 12
13 3. 13.
14 4. 14.
~$ 5 15.
16 ,, 6 18.
17 7 17.
tS a. 18.
19 · 9 19.
20 10 .... 20.
Effective March 31, 1996
MONTHLY REPORT PURSUANT TO
SECTION 7(a) OF THE DEED RESTRICTIONS
AHG Associates, Inc.
300 E. Lcn~rd Street
Baltimore, Maryland
21202
RE:
Hydraulic Road Apartments - Arkor Crest Apa~_nts
Charlottesville, Virginia
Pursuant to Section 7(a) of the Deed Restrictions (the "Deed
Restrictions"), as defined in an Indenture of Trust dated as of
April 1, 1983, between the Industrial Development Authority of
Albemarle County, Virginia (the "Authority~), and your bank, as
trustee, the undersigned authorized representative of
Richmond-Albemarle Limited Partnership, a Virginia · Limited
Partnership (the "Purchaser"}, hereby certifies with respect to
the operation and management of Hydraulic Road Apartments,
Charlottesville, Virginia (the "Project"), that as of the date
shown below=
1) The number of units in the ~roject occupied by
lower income tenants is .
2)
The number of units in the Project unoccupied and
held available for Lower Income Tenants is -0-
3)
The number of units rented and the number of units
held available for rental other than as described
(1) and (2) is 50 .
in
4) The percentage that the 9umW. er of units described in
(1) and (2) hereof constitute of the total number of
units in the Project is 24% .
5) The information contained in this report is true,
accurate and correct as of the date hereof.
6)
As of the date hereof, the Purchaser is not in
default under any covenant or agreement contained
in the Deed Restrictions or in an Agreement o~ Sale
dated as. of Aprxl 1, 1983, between the Authority and
the Purchaser.
IN WITNESS WHEREOF, the undersigned has signed this Report as of
April 5, 1996
RICHMOND-ALBEMARLE LIMITED
PARTNERSHIP, a Virginia
limited partnership
Au%horized Representative
March y~1996
Arbor Crest Apartments (Hydraulic Road A~s.) ~ e:
Charlottesville, VA
by: . Loretta Wyat~
I. LOW'ER
051-35371
NumbEr Of Un,ts 66
April 5, 1996 Effective 3/31/96
DaTe
Tot:a! Occupiecl 66
Bond Occupied 16
! 4 Arbor Crest Dr 21 _ Beverly T. Lane
41.,
2 6 Arbor 0rest Dr 22 Wilma M. Atkinson 42 _
3 7 Arbor Crest Dr 23 _..Florence Lee Carey 43
4 9 ~rbor Crest Dr 24 ..Virginia Burton 44
5 12 Arbor Crest Dr 25 G. Robert Stone 4~
5 14 Arbor Crest Dr 26 Betty L. Reed
7 18 Arbor Crest Dr 27.,Evelyu Mandeville 47
5 30 Arbor Crest Dr 25 Mary Cox Allen
9, 44 Arbor Crest Dr 29. Sam Atherton
10 56 Arbor Crest Dr 30 .Harlan W. Hooe
1! 76 Arbor Crest Dr 31 A~nn G. Saylor ~1 .
12 78 Arbor Crest Dr 32 Ernest M. Nease
13 84 Arbor Crest Dr 33 Ju~nita Boliek $3 .
14 90 Arbor Crest Br 34 Betty B. Elliott 54
15 -94 Arbor Crest Dr 35 M. Eileen Knick
t6 106. Arbor Crest Dr 36 Katherine T. Nowlen 55
ti., 37 ~7.
20 .. 40 60
$1.
69.
70.,
71.
72
73.
74.
;rS._
76.
77.
78,
7~.-.
t tl 1 -- 11..,
2 12 2 12.-
3 ,, 13 3,. 13.
4 14 4. 14.
$ 15. 5 15.
§ 15 6 _ 16.
7 17., 7 _ 17
5 18 8. 18.
5 19 9 19,
10 20 10. 20.
April 24, 1996
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mclnnre Road
Charlottesville, Virginia 22902-4596
(804~ 296-5823
) 07 SUPERViSOr3
Howard Key
7027 Secretary Sand Road
Schuyler, VA 22969
RE: SP~95-39 Mt. Ararat Lodge and SDP-96-011 Mt. Ararat Lodge Waiver Request
Tax Map 121, Parcel 32A
Dear I~'. Key:
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 th~s approval is subject to
the following conditions:
1. The building shall be limited in size to 2,200 square feet;
Maximum attendance at meetings shall not exceed those limits as established by the Health
Department;
Any expansion of, or addition to, the uses, activities or structure outlined in the July 20, 1993 staff
report shall require additional review and approval by the Board of Supervisors. The activities of the
Lodge were listed in a letter from Moses Agee, dated July 1, 1993 which are attached.
4. Compliance with Section 5.1.2 of the Zoning Ordinance.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public
comment at their meeting on~ Any new or additional information regarding your application
must be sulxnitted to the Clerk of the Board of Supervisors at least seven days prior to your schedule hearing
date.
Page 2
April24,1996
The Planning Commission also granted a waiver of Section 32.2.2 of the Zoning Ordinance, subject to the
comments contained in the Engineering Department memorandum, dated December 15, 1996 (Copy attached)
and the following conditions:
1. The entrance on Route 715 is subject to Virginia Department of Transportation approval;
2. An erosion control plan will be required if the total land disturbance is over 10,000 square feet
If you should have any questions or comments regarding the above noted action, please do not hesitate to
contact me.
Sincerely,
John B. Shepherd
Planner
JBS~cf
cc:' ~Etla'Earey
Jo Higgins
Amelia McCulley
TO:
FROM:
DATE:
RE:
COUNTY
MEMORANDUM
John Shepherd - Planner
Glenn E. Brooks - Civil Engineer II
15 December 1995
Mount Ararat Masonic Lodge
This application received on November 14, 1995, has been evaluated for applicable
requirements and standards to ascertain whether a site plan waiver may be supported by this
Department.
This site is located on Route 715 at the intersection of Route 714. A site visit was
conducted on December 12, 1995. It is a relatively flat site, the majority of which is
currently a gravel parking area. With the parking and building location shown on the plan,
grading does not appear necessary. There are no watercourses on the site, and it is not in
the Runoff Control or Detention areas. It appears as though the use will generate traffic
under 350 vehicle trips per week, the threshold at which paving is required. A standard
VDOT commercial entrance on Route 715 looks feasible, with a culvert to continue
drainage along the ditch line.
~nnSed on observations at the site and the information presented above, Albemarle County
gineering will support a site plan waiver request subject to a sketch plan which meets all
applicable Ordinance requirements, and the following conditions:
1. The entrance on Route 715 is subject to VDOT approval.
Grading will not be necessary. The only land disturbing activities will be to dig
footers and establish the commercial entrance. If land disturbance is required to
establish the parking areas, an erosion control plan will be required if the total
disturbance is over 10,000 square feet.
Please contact me at your earliest convenience if you have questions or require additional
information.
GEB/ctj
Copy: SP-95-39
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
~GENDA TITLE: SP 95-39 Mount Ararat Lodge
SDP-96-01 l Waiver Request
SUBJECT/PROPOSAL/REOUEST: The
applicant petitions the Board of Supervisors to issue
a special use permit for a lodge [10.2.2(2)] on 2.11
acres zoned RA. This petition is accompanied by a
site plan waiver request. [32.2.2]
STAFF CONTACT(S):
John Shepherd
AGENDA DATE: ITE_M NUMBE_~R:
Planning Commission - April 23, 1996
Board of Supervisors - May 15, 1996
ACTION:
Yes
INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
No
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND: The Planning Commission reviewed and approved this request on July 20, 1993. The Board
of Supervisors reviewed and approved this request on August 11, 1993. The approvals of both the special use permit
and the site plan have expired. The applicant has now resubmitted the application and as site plan waiver request.
The original staff report, site sketch and action letters as well as the Engineering Department's report on the waiver
request are attached.
STAFF COMMENT: Staff has reviewed the Zoning and Subdivision Ordinances and the Comprehensive Plan to
determine if any amendments have been approved that would necessitate a change in design or alter the original
comments provided by staff in the 1993 review of this application. Staff is unable to identify any changes in
circumstances which alter the original staff report prepared for this application.
RECOMMENDATION: Staff opimon is that no changes in circumstances have occurred since the original
review. Therefore, staff recommends approval of this Special Use Pennit with all conditions contained in the August
11, 1993 action by the Board of Supervisors except for Condition #1. Those conditions include:
1. The building shall be limited in size to 2,200 square feet;
2. Maximum attendance at meetings shall not exceed those limits as established by the Health Department;
Any expansion of, or addition to, the uses. activities or structure outlined in the July 20, 1993 staffreport
shall require additional review and approval by the Board of Supervisors. The activities of the Lodge were
listed in a letter from Moses Agee, dated July 1, 1993 which are attached.
4. Compliance with Section 5.1.2 of the Zoning Ordinance.
.~ Staff opinion is that the requirement of a site plan would not forward the purposes of this ordinance or otherwise
- - ~ serve the public interest. The land is relatively flat, the parking area is already established and the proposed building
is of limited size. The conditions recommended by the Engineering Department adequately protect public health,
safety and welfare. Therefore, staff recommends approval of the application to allow waiver of the site plan
requirements, subject to the comments contained in the Engineering Department memorandum, dated December
15, t995 and the following conditions:
I. The entrance on Route 715 is subject to VDOT approval;
2. An erosion control plan will be required if the total land disturbance is over 10,000 square feet.
A:\SP95-39.RPT
TO:
FROM:
DATE:
RE:
COUNTY OF ALBEMARLE
MEMORANDUM
John Shepherd - Planner
Glenn E. Brooks - Civil Engineer II
15 December 1995
Mount Ararat Masonic Lodge
This application received on November 14, 1995, has been evaluated for applicable
requirements and standards to ascertain whether a site plan waiver may be supported by this
Departmem.
This site is located on Route 715 at the intersection of Route 714. A site visit was
conducted on December 12, 1995. It is a relatively flat site, the majority of which is
currently a gravel parking area. With the parking and building location shown on the plan,
grading does not appear necessary. There are no watemourses on the site, and it is not in
the Runoff Control or Detention areas. It appears as though the use will generate traffic
under 350 vehicle trips per week, the threshold at which paving is required. A standard
VDOT commercial entrance on Route 715 looks feasible, with a culvert to continue
drainage along the ditch line.
~ased on observations at the site and the information presented above, Albemarle County
l~'ngineering will support a site plan waiver request subject to a sketch plan which meets all
applicable Ordinance requirements, and the following conditions:
1. The entrance on Route 715 is subject to VDOT approval.
Grading will not be necessary. The only land disturbing activities will be to dig
footers and establish the commercial entrance. If land disturbance is required to
establish the parking areas, an erosion control plan will be required if the total
disturbance is over 10,000 square feet.
Please contact me at your earliest convenience if you have questions or require additional
information~
GEB/ctj
Copy: SP-95-39
August 16, 1993
COUNTY OF ALBEMARLE
Dept. of Plan~hlncj & Community Development
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
Moses Agee, Jr
Rt. 1, Box 191
Esmont, VA 22937
RE: SP-93-17 Mt. Ararat Lodge, Tax Map 121, Parcel .32A
Dear Mr. Agee:
The Albemarle County Board of Supervisors, at its meeting on A~gust 11, 1993,
approved the above-noted request to construct a masonic lodge [10.2.2(2)] on
2.11 acres zoned Rural Areas. Please note that this approval is subject to
the following conditions:
1. Administrative approval of site plan to include landscape plan;
2. The building shall be limited in size to 2,200 square feet;
3. Maximum attendance at meetings shall not exceed those limits as
established by the Health Department;
4. Any expansion of, or addition to, the uses, activities or structure
outlined in the staff report shall require additional review and
approval'by the Board of Supervisors;
5. Compliance with Section 5.1.2 of the Zoning Ordinance.
Before beginning this use, you must obtain s zoning clearance from the Zoning
Department. Before the Zoning Department will issue a clearance, you must
comply with the conditions in this letter. For further information please
call Babette Thorpe at 296-5975.
If you should have any questions or comments regarding the above-noted action,
please do not hesitate to contact me
Sincerely,
Ronald $. Keeler
Chief of Planning
'RSK/jcw
cc: Amelia Patterson
Jo Higgins
7-20-93
JULY 20, 1993
The Albemarle County Planning Commission held a public
hearing on Tuesday, July 20, 1993., Meeting Room 7, County
Office Building, Charlottesville, Virginia. Those members
present were: Mr. Phil Grlm~; Chairman; Mr. Walter Johnson,
Vice Chairman; Mr. William Nitchmann; Mr. Tom Jenkins; Mr.
Tom Blue; Ms. Ellen Anderseh; and Ms. Bahs Huckle. O~her
officials present were:-Mr. Ron Keeter, Chief of Planning;
Ms. Yolanda Hipski~ Planner; Ms. Marsha Joseph, ARB Planner~
Ms. Amelia McCulley, Zoning Administrator; and Mr. Jim
Bowling, Deputy County Attorney.
The Chairman called the meeting to order at 7:00 p.m. and
established that a quorum was present. The minutes of July
8, 1993, were approved as submitted.
Mr. Keeler briefly reviewed actions taken by the Board of
Supervisors at its July 14, 1993 meeting.
SP-93-17 Mt. Ararat Lodq~ - Petition to construct a masonic
lodge [10.2.2(2)] on 2.11 acres zoned RA, Rural Areas.
Property, described as Tax Map 121, parcel 32A is located on
the southeast side of the intersection of Route 715 and
Route 714 in the Scottsville Magisterial District. This
site is not located within a designated growth area (Rural
Area IV).
Ms. Hipski presented the staff report.
approval subject to conditions.
Staff recommended
Referring to condition No. 5,-Mr. Johnson attempted to
clarify that Section 5.1.2(b) of the Zoning Ordinance, would
be applicable only to subordinate uses which might be
permitted, but not to the "normal lodge functions.,, Ms.
Hipski replied: "I believe that's correct. The final
interpretation would be up to the Zoning Administrator.,,
Mr. Keeler confirmed Mr.' Johnson,s interpretation was
accurate.
Mr. Blue questioned the enforceability of condition No. 3,
which limited the attendance at meetings based on the limits
of the septic system. Mr. Keeler explained that this
condition serves three purposes: (1) Makes the applicant
aware that a septic system has limitations; (2) Deters
applicants from seeking relief f~om the County in t~he event
of failure of the septic system; and (3) The Zoning
Administrator can seek revocation of the special permit in
the event of'willful noncompliance.
In answer to Ms. Huckle's question, Ms. Hipski stated a Soil
Scientist's report will be required.
7-20-93 2
Ms. Andersen asked if there should be a condition related to
"large water uses," as mentioned in the stgff report~ Ms.
Hipski explained that concern is addressed in condition No.
3. She stated she had included that statement in the report
to a~vise the applican% that large water uses may be
restricted by the septic system.
The applicant was represented by Moses Agee, Jr. He
explained that a Soil Scientist studyhas been performed but
the written report has not yet been received. He also .
stated there are no plans for a day-care service.
Mr. Johnson asked if the applicant would like the allowable
size to be increased to 2,200 square feet to allow some
flexibility. The applicant replied affirmatively.
There being no public comment, the matter was placed before
the Commission.
Mr. Johnson recommended that the figure in condition No. 2
be changed to 2,200 feet. Mr. Keeler did not foresee any
problems with this change.
Mr. Blue questioned the necessity of the increase given the
fact that the figure proposed was taken from the
architectural plan. However, he offered no objection'to the
change suggested by Mr. Johnson.
MOTION: Mr. Blue moved, seconded by Mr. Nitchmann, that
SP-93-17 for Mt. Ararat Lodge be recommended to the Board of
Supervisors for approval subject to the following
conditions:
1. Administrative approval or site plan to include
landscape plan.
2. The building shall be limited in size to 2,200 square
feet.
3. Maximum attendance at meetings shall not exceed those
limits as established by the Health Department.
4. Any expansion of, or addition't~, the use~, activities
or structure outlined in the staff report shall require
additional review and approval by the Boad of Supervisors.
5.' Cc~pl~ance with Section ~. 1. ~ of the Zon/ng Orddirmnce.
The motion passed unanimously.
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
YOLANDA A. HIPSKI
JULY 20, 1993
AUGUST 11, '1993
SP-93-17 - MT. ARARAT
Petition: Moses Agee, Jr. petitions the Board of Supervisors to
issue a special use permit for a lodge [10.2.2(2)] on 2.11 acres
zoned RA, Rural Area (see' Attachment A). Property, described as
Tax Map 121, Parcel 32A, is located on the southeast side of the
intersection of Route 715 and Route 714 in the Scottsville
Magisterial District. This site is not located within a
designated growth area (Rural Area IV).
Character of the Area: Except for a small flat are~ of gravel,
the property is heavily wooded. The lot is long and narrow and
drops in elevation toward the rear.
APPLICANT' S PROPOSAL:
In response to staff's request, the applicant submitted a letter
describing the proposal and a sketch plan (see Attachment B).
The applicant verbally stated there shall be approximately four
to five banquets per year.
PLANNING AND ZG~T/NG HISTORY:
(VA-93-03) - Mt. Ararat Lodge ~20 - On April 14, 1993, the Board
of Zoning Appeals approved a request to allow relief from Section
10.4 of the Zoning Ordinance. The variance reduces front
setbacks from 75 feet to 49 feet and rear setbacks from 35 feet
to 26 feet (see Attachment C).
Virginia Department of Transportation recommends the_ proposed
entrance onto Route 7t5 be relocated away from the Route 715/714
intersection. Final entrance location and design shall require
virginia Department of Transportation review and approval.
At this time, the applicant has not submitted a soils report.
The architectural drawings indicate a kitchen facility is
proposed. Given the size of the property, the applicant is put
on notice that large water uses may be limited. Health
Department review and approval of maximum occupancy shall be
required prior to site plan approval.
Staff has reviewed this request for compliance with Sec%ion
31.2.4.1 of the Zoning Ordinance and the purposes and intent of
the Comprehensiv~ Plan. Due to the limited number of proposed
meetings and special events, this use should not be detrimental
to adjacent properties. Given the limited scope and seale of
activities and the building size as proposed by the applicant and
as presented to the Board of Zoning Appeals,'the use should not
change the character of the districtJ Given the site plan review
process, this application should b~ in harmony with the purposes
and intent of the Zoning Ordinance. Therefore, staff recommend~
approval subject to the following ~onditione:
RECOg~ENDED CX~DITI~S OF APPROVAL:
Administrative approval of site plan to include landscape
plan;
e
The building shall be limited in size to 1,920 square feet;
Maximum attendance at meetings shall no= exceed those limits
as established by the Health Department;
Any expansion of, or addition to, the uses, activities or
structure outlined in the staff report shall require
additional review and approval by the Board of Supervisors;
Compliance with Section 5.1.2 of the Zoning Ordinance.
ATTACHMENTS:
A
B
C
D
Location Map
Description of Request
Variance Report
Virginia Department of Transportation comments
ALBEMARLE
\
/ I
/ ,
COUNTY
IATTACHMENT AJ
SP-93 -17
Mt. Ararat Imdge
42
748
TZD /
/
'~ ' -- . SCOTTSVlLLE DISTRICT SECTION
SP-93-17
Mt. Ararat Lodge
_TTACHMENT BJ
Jttly 1, 1993
REOEIVED
JUL O I. 199
Planning Dept.
Ms. Yolanda A. Hipski, Pla~ner
County of Albemarle
Dept. of Planning & Community Development
401 McIntire Road
Charlottesville, VA 22902-4596
Dear Ms. Hipski=
I am .writing ia response to your letter dated June
regarding Mt. Arratt LOdge No. 20~s application.
1. There are 30 men and 18 Women members.
2. Activities o~ the LOdge include;
general meetings, business and
a. We .a~.ticipate having 4 meetings per
mon~. One per week.
b. Ther? will be no Day Care, and no
morning out for mothers.
c. There will be some special events
such as; Banquets and Programs. '
3. We. understand that the 1920 square foot
building will be the maximum size allowed,
4. I spoke with Mrt Steve Gooch who will have to
speak ~o Mr.. B111 Rice and get back to ~e
qoncerning this.
There will be no excessive noise.
There will be no picnics.
8, 1993,
¥Olanda Hipski
Page 2
-~TTACHMENT B~
I hope this information i? adequate to. your qUestions. If I can be
of further assistance, please do not hesitate to contact me.
Skncerely!
Moses Agee, Jr.
June 8, 1993
COUNTY O~F-ALBEMA~LE
Dept. of Planning 8= Commm~ity DeveJopment
401 /Vl'cJntire Road
· Charlottesville. Virginia 22902-45~6
(804~ 296-5823
Mr. Moses Agee, Jr.
Post Office Box 24-=
Keene, VA 22946
Dear Mr. Agee:
I was hoping to reach you earlier to discuss these questions. In
order for this department to process your application, please
answer, in writing, the following questions by June I5, 1993. I
hope to talk with you prior to your response. If you have any
questions, please contact me at your convenience.
3- How many members do you anticipate belonging to this Lodge?
2. Please describe the activities of the lodge. How many
meetings do you anticipate having per month'or week? Will
you have day care, Morning out for Mothers~ classes, special
.events? Be aware that some activities, such as daycare
involve another special use permit. Please attempt to be as
thorough as possible so not to limit further activities.
3. I ~nderstand you plan to build a 1,920 square foot lodge.
Please be aware this building size will most likely be the
maximum size allowed.
4. Have you contacted the Health Department? This is a very
small property and septic field size may limit your
activities. Also, what types of meals do you plan to serve?
Be sure to discuss this with the Health Department and to
I have a copy of the sketch sub'mitred, for the variance
(ZA-93-3 Mt. Ararat Lodge). .Please submit six copies of
this sketch, so that I may provide preliminar~ comments for
the site plan.
Moses Agee, Jr.
Page 2
J~ne 8, 1993
6. What measures will be taken to ensure this use Will not
conflic= With Section 521.2.a-which limits noise to 40
line.decibels at the neares= agricultural or residential PrOperty
7.picnics, Will there etc. be any outdoor activities. This includes
Your responses, along with commen=s from other agencies, will
provide a basis for recommended conditions of approval.
Please provide any other information you feel would be helpful in
your application. Ail information must be received no later than
asJune possible. 15, 1992. If you have any questions, please call me as soon
Yolanda A. Hipski
Planner
YAH/blb
7
~'i-I'ACHMENT Ct
IPage 11
April 15, 1993
COUNTY OF~ ALBEMARLE
Department of Zoning
401-Mclntire Road
Charlone~ville. Virginia 229014596
(804) 296-5875
Moses Agee, Ir.
Route 1, Box 191
Esmont, VA 22937
RE: Board of Zoning Appeals Action
VA-93-03 Mount Ararat Lodge//20
Tax Map 121, Parcel 32A
Dear Mr. Agee:
This letter is to inform you that on April 14, 1993, during the meeting of the Albemarle County
Board of Zoning Appeals, the Board unanimously (5:0) approved your request for VA-93-03,
subject to the following condition:
1) A landscape plan shall be submitted for the approval of th.e. Design Planner
before a building permit shall be issued for the lodge.
This variance approval allows relief from Section 10.4 of the Albemarle .County Zoning
Ordinance to reduce front setback from 75 to 49 feet and rear setback from 35 to 26 feet.
If you have any questions, please contact our office.
Sincerely,
Babette Thorpe
Zoning Assistant :
BT/sp
CC:
Mt.' Ararat Lodge tr20
IATTACHMENT C1
STAFF PERSON: Babette Thorpe
PUBLIC HEARING:. 4/14/93
OWNER/APPLICANT:
TAX MAP/PARCEL:
ZONING:
ACREAGE:
LOCATION:
STAFF REPORT - VA-93-03
Mount Ararat /dodge #20
121-32A
In Keene, at the intersection of Routes 714 and
715. ~J~
·
REOUEST. The applicant plans to b%vl~d a 1920-square foot masonic
lodge. In order to place the lod~/49 feet from the front Pro err
llne and 26 feet from the ~1~ property llne, the applicant
requests relief from Section 10.4 of the Albemarle- County Zoning
Ordinance. This section requires structures in the rural areas
zoning district to be set back 75 feet from the front property line
and 35 feet from the rear property line.
The applicant's justification includes the following:
Hardship
The lot is very long and shallow.
from the road.
The grade drops off sideways
Uniqueness of Hardship
No other properties in the area are as shallow.
Character of the Area
There are nc.homes on the adjoining property. To the rear of the
property are woods that can screen the lodge from parcel 34. There
is space available for landscaping to the front of the property.
RELEVANT HISTORY: The creation of the lot predates zoning in
Albemarle County. There is an application pending for the special
use permit needed to place a lodge on this property. Unless
modified bythe Planning Commission, the supplementary regulations
of section:~.l.2 will apply to this use. These regulations limit
the noise generated from the lodge and subordinate uses to 40
decibels at the nearest property line. These regulations also
prohibit subordinate activities between the hours of 11:00 P.M.. and
8:00 A.M.
~COMME-4DA'~ION:
The Planning Department has reviewed this request and made the
following comment: "Due to the shape of the lot, this variance
would appear appropriate. RA setback and yard requirements are
intended to maintain a rural character and to provide fire
IATTACHMENT CI
tPage3J
VA--93-03
Page 2
separation. Prior to 1976, front setback was 30 feet and rear yard
was 35 feet in depth".
Staff recommends approval for 'cause. The lodge is modestly
proportioned, about the sise ufa single-family 'house. It is
possible that the lodge could be redesigned to lie parallel to
Route 715, which would make unnecessary a variance of the rear
setback. However, the visual impact of such a design would be.
greater, possibly making the third criterion of approval more
difficult to meet.
The appIicant has provided evidence that the strict
application o£ the ordinance would produce undue hardship.
Staff agrees with the applicant's assessment ~f the shape of
the lot. Meeting both the front and rear setbacks would allow
only a 20-foot buildabte strip down the middle of the
property.
The applicant has provided evidence that such hardship is not
shared generally by other properties in the same sorting
district and the same vicinity. Other properties in the area
are much deeper.
The applicant has provided evidence that the authorization of
such variance will not be of substantial detriment to adjacent
property and that the character of the district will not be
changed by the granting of the variance. There are several
dwellings in the vicinity of this parcel which do not appear
to meet the 75-foot front setback. It is staff's opinion that
a condition requiring a landscaped buffer t~ the front of the
property, along Routes 714 and 715, would protect the rural
character of the area.
This Department has received no letters of objection to this
request.
Should the Board approve this request, staff, recommends the
following conditions:
A landscape plan shall be submitted for the approval of the
Design Planner before a building permit shall be issued for
lodge.
RAY D. PETHTEL
COMMONWEALTH of'VIRGINIA
DEPARTMENT OF TRANSPORTATION
P.O?BOX671
_CULPEPER Z2701
I ATTACHMENT D
DONALD R. ASKEW
Ronald s. Keeler
County Office Building
401 McIntire Road
Charlottesville, Va 22902
Ju/%e 29,1993
Dear Mr Keeler:
We have reviewed the submittals for the July public Hearings and
offer the following comments:
SP-93-17 Mt. Ararat Lodge
The access point on Route 715 should be relocated to a point
further away from the intersection.
We recommend the entrance meets the commercial entrance standards
for a single two-way entrance with right turn and taper.
The developer should be required to label the sight distances along
the approaches at each access point.
-$P-93-18 Worrell Land and Cattle Company
There currently exists a commercial entrance which is adequate.
Their frontage will allow for adequate entrances, at various
locations.
5P-93-19 John Alford
No Comment
These comments are made to assist the ~eveloper and the County and
are preliminary in nature and may be modified as additional
information becomes available.
TRANSPORTATION FOR THE 21ST CENTIJRY ~,,,~ ,; _
April 26, 1996
COUNTY OF ALBEMARI~
Dept. of Planning & Commumty
401 Mclnt re Road
Char ottesville, Virginia 22902-45~
Brian P. Smith, PE
Civil Engineering, Inc
801 East High St
Charlottesville, VA 22902
ZMA-96-02 Gary Edgecomb & Edgecomb Auto Sales
SP-96-02 Edgecomb's Imported Auto Sales & Se~ice
SDP-96-005 Edgecomb's Auto Sales & Service Expansion Major Amendment
Tax Map 77, Parcel 8A
Dear Mr. Smith:
The Albemarle County Planning Commission, m its meeting on April 23, 1996, took the
following actions regarding the above-noted petitions:
ZMA-96-02 Gary Edeecomb & Edgecomb Auto Sales - Unanimously recommended
approval to the Board of Supervisors. Please note that this approval is subject to
acceptance of the applicant's proffers.
SP-96-02 Edeecomb's Imnorted Auto Sales & Service - Unanimously recommended
approval to the Board of Supervisors. Please note that this approval is subject to the
following conditions:
The additional building should match the existing building with no substantial
change proposed in design and material;
The lighting proposed on the site shall be shielded and directed down onto the
site;
Additional trees should be added to the site in the area between the parking and
Route 742 The trees should be 3 V2" caliper spaced 35' on center;
Page 2
April 26, 1996
Buffer shrubs, 24" in height, should be specified around the perimeter oftbe
parking area between the parking and Route 742;
One tree (2 ~A" caliper) for every ten parking spaces will be required for the
interior parking spaces;
A Certificate of Appropriateness shall be required prior to approval of the site
plan, and should include:
a) Samples of the materials proposed, including colors.
b) Photometric Plan.
c) Dumpster location and any mechanical equipment location. These should be
screened with a material compats~ble with the building material used.
d) Elevations of the building. ~.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting o~ 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 took the following action regarding the site plan amendment:
$DP-96-005 Edeecomb's Auto Sales & Service Exnansion Maior Amendment-
Unanimously approved subject to the following conditions:
The Planning Department shall not accept submittal of the final site plan for signature
until tentative approvals for the following conditions are obtained. The final plan shall
not be signed until the following conditions are met:
Albemarle County Engineering approval of grading and drainage plans and
computations. Extend the existing topography a minimum 200' outside the site
and include a typical cross-section of the proposed grass swale;
VDOT approval of frontage improvements and drainage plans and
computations impacting Avon Street Extended. Per VDOT, show the existing
250' sight easement across the property frontage. Include the deed book
reference for recordation;
Albemarle County Engineering approval of an Erosion and Sediment Control
Plan;
Page 3
April 26, 1996
d. Albemarle County Engineering approval of stormwater detention plans and
computations.
e. Inspections Dept. and Fire/Rescue Division approval that adequate fireflow is
available. Required fireflow is 1,150 gpm ~ 20psi;
f. Inspections Dept. and Fire/Rescue Division approval of one additional barrier-
free parking space. This space is to be van accessible, or in conformance with
the universal parking design;
g. Zoning Dept. approval of total number of parking spaces;
h. Planning Dept. approval of landscape plan;
I. A Certificate of Appropriateness from the ARB must be obtained prior to final
plan approval.
if you should have any questions or comments regarding the above noted action, please do not
hesitate to contact me.
Sincerely,
Claudia L. Paine
Senior Planner
cc: wMl~a Carey
Amelia McCulley
Gary Edgecomb
n~ ~996
Original Proffer
Amended Proffer
(Amendment #
PROFFER FORM
ZMA # ~ - 0%- Tax Map Parcel(s) ~"~-~;~ ~,~ '-l-I. ?~r~c~c ~.~
· Acres to be rezoned from
tO
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or
its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall
be applied to the property, if rezoned. These 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.
Signatur~t__/~f All Own ~¢f's
.-
Printed l(lames of'All Owners
Date
OR
Pdnted Name of Attorney-in-Fact
Signature of Attorney-in-Fact
(Attach Proper Power of Attorney)
PROFFORM.WPD
Rev. December 1994
ATTACHMENT A - PROFFERS
I.) The new HC zoning will be so structured with substantial proffering to allow the site to retain its LI
character, nol only in function but in design. Permitted uses of the property, and/or uses authorized by
special use permit, shall include only those uses allowed in section 24 of the Albemarle County Zoning
Ordinance in effect on May 15, 1996, a copy of the section being attached hereto, except the following:
24.2A BY RIGHT
1) Automobile laundries.
2) Automobile service stations (reference 5.1.20)'
3) Building material sales.
4) Churches, cemeteries.
5) Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2).
6) Convenience store.
7) Factory outlet sales - clothing and fabric.
8) Feed and seed stores (reference 5.1.22).
9) Financial institutions.
10) Fire extinguisher and security products, sales and service.
11) Funeral homes.
12) Furniture stores.
13) Food and grocery stores including such specialty shops as bakery, candy, milk dispensary, and wine
and cheese shops
14)Home and business services such as grounds care, cleaning, exterminators, landscaping and other
repair and maintenance services.
15) Hardware.
16) Hotels, motels and inns.
17) Machinery and equipment sales, service and rental.
18) Mobile home and trailer sales and service.
19) Modular building sales.
20) New automotive parts sales.
21) Office and business machines sales and service.
22)Eating establishment; fast food restaurants.
23} Retail nurseries and greenhouses.
24) Sale of major recreational equipmem and vehicles.
25) Wayside stands - vegetables and agricultural produce (reference 5.1.19).
26) Indoor theaters.
27) Heating oil sales and distribution (reference 5.1.20).
24.2.2 BY SPECIAL USE PERMIT
1) Commercial recreation establishment including but not limited to amusement centers, bowling alleys,
pool halls and dance halls- (Amended 1-1-83)
2) Septic tank sales and related service.
3) Livestock sales.
4) Veterinary office and hospital (reference 5.1.11).
5) Drive_in theaters (reference 5-1-8)'
6) Hospitals, nursing homes, convalescent homes (reference 5.1.13).
7) Auction houses. ' ided in this section, uses permitted i~ffection 18.0, ,resi.dential
8) Unless such uses are oth. ervase pro. v ..... LA~oin an such conditions as may oe lmposeo
R-15, in compliance with regulations set tonn
pursuant to section 31.2.4.
9) commercial kennels - indoor only (reference 5.1.11 ). (Added 1-1-83)
10) Parking structures located wholly or partly above grade. (Added 11-7-84)
11) Drive-in windows serving or associated with permitted uses. (Added 11-7-84; Amended 9-9-92)
12) Uses permitted by right, not served by public water, involving water ennsumption exceeding four
hundred (400) gallonv per site acre per day. Uses permitted by right, not served by public sewer,
involving anticipated discharge of sewage other than domestic wastes. (Added 69-14-89)
13) Warehouse facilities not permitted under section 24.1.1 ri(reference 9.0). (Added 6-19-91)
ti) The total square footage of all buildings on the site shall not exceed 6800 square feet.
III) Minimum setbacks for all buildings will be 40 feet from the property lines bordering both roads.
STAFF PERSON: CLAUDIA L. PAINE
PLANNING COMMISSION: APRIL 23, 1996
BOARD OF SUPERVISORS: MAY 15, 1996
- ---'~ECO~
ZMA 96-02 SP 96-02 AND DP 96-005 Et}t,~
S_ALES AND SERVICE
~Applicant's Proposal: The Applicant has'submitted a major site plan amendment and proposes
to amend the existing proffers and obtain a special use permit in order to expand usage of the site
for the sale of autos. A derailed description, justification and proffers for this use are included as
Attachment A.
P~etitions.: (See also Attachments B & C)
ZMA 96-02. - Petition to amend the proffers of ZMA 90-18 to increase the total square footage
~lowed for all buildings on the site. Property, described as Tax Map 77, Parcel 8A, is zoned
HC, Highway Commercial, and is located on the west side of the intersection of Routes 742
(Avon St. Extended) and 1101 in the Scottsville Magisterial District. This site is recommended
for Industrial Service in Neighborhood 4.
S~P 96-02 - Petition to amend a previously approved special use permit to allow expansion of
~arking and display area on 1.72 acres zoned HC, Highway Commercial and EC, Entrance
Corridor Overlay District. Property, described as Tax Map 77, Parcel 8A, is located on the west
side of the intersection of Avon Street Extended (Rt. 742) and Rt. 1101 in the Scottsville
Magisterial District. This site is recommended for Industrial Service in Neighborhood 4.
S~DP 96-005_ - Proposal to expand the office building with 3 additional service bays, to expand
~he display and employee parking areas, and to redesign'the lighting for the parking lot. Property,
described as Tax Map 77, parcel SA, is located on the west side of the imersection of Avon
Street Extended (Rt.742) and Rt. 1101 in the Scottsville Magisterial DisU'ict. The property is
zoned HC, Highway Commercial and EC, Entrance Corridor and is designated for Industrial
Service in Neighborhood 4. This parcel was rezoned from LI to HC with ZMA 90-18.
Character of the Area: This site is at the intersection of Avon Street Extended (Rt. 742) and
Rt. 110t. There is a mobile home residence on the property immediately to the southwest of this
site, however that property is zoned LI, Light Industry. All other propemes surrounding this site
are zoned LI, Light Industry also.
~RECOMMENDATIONS:
Smffhas reviewed the proposed amendment re the rezoning proffers and recommends approval.
Staff has reviewed the special use perrmt for compliance with the provisions of Section 31.2.4.1
of the Zoning Ordinance and recommends approval, with conditions, contingent on approval of
ZMA 96-02 with amended proffers.
The Site Review Committee has reviewed the major site plan amendment and recommends
approval subject to certain conditions, contingent on approval of
ZMA 96-02 and SP 96-02.
P_Plannine and Zonin~ Historg_ .:
~ - VA 77-14 was granted to allow variance of 35 feet from the required 50 foot
rear yard regulations. The Applicant plans to use property as a used car lot.
A~pril 17, 1977 - Site Plan for Granger Auto Sales is approved by the Planning Commission.
~Apdl 25. 1977.- Plat dedicating right-of-way is signed administratively.
April 17, 1990. - ZMA 90-23 was recommended for denial by the Planning Commission and then
was withdrawn by the Applicant prior to hearing by the Board of Supervisors. This was a
request to operate a body shop on this site.
September 17, 1990. - Exempt plat modifying lot lines approved administratively.
November 28 1990 - ZMA 90-18 (with proffers) was approved. This site was rezoned from LI,
Light Industry, to HC, Highway Commercial.
March 26, 1991 - SDP 91-011 was approved by the Planning Commission. This was a proposal
to add a 3360 square foot building and additional parking spaces for a total of 66 spaces to
accommodate display, repair, employee and customer parking.
October 9. 1991 - VA 91-35 was granted with conditions. This variance increased the square
footage allowed for a freestanding sign and reduced the required setback for a business sign.
Corn .rehensive Plan: This site is recommended for Industrial Service in Neighborhood 4 in the
Comprehensive Plan. The site was rezoned from LI, Light Industry to HC, Highway
Commercial with ZMA 90-18 (with proffers). Staffopxuion is that, since ZMA 90-18 (with
proffers) was approved, the current request is consistent with that action and is not te the
deUfment of the Comprehensive Plan.
2
~: The Virginia Department of Transportation states:
"This site was approved under site plan review.several years ago. The additional building
and added parking should not add significant traffic. There is presently a right mrn lane
on Avon Street into Route 1101. The parking or display areas shall not infringe upon
VDOT right of way or if there is any on site lighting, it too shall not impact the
roadway." [See .attachment D)
Staff opinion is that this rezoning will not add significant traffic, nor will the redesigned lighting
impact the roadway.
STAFF COMMENT:
Staff will address the three components of this request separately.
1. ZMA 96-02
This rezoning request seeks to amend the proffers made in ZMA 90-18. Specifically, it
eeks to amend the proffer limiting building square footage allowed from 5000 sq. ft. to
~nn ~ {~ an additio~t of 1800 sq. fr. Staffhas reviewed this rezoning request only in
relation to this change in building square footage allowed, and feels that this change will
not increase the scale of this use to the detriment of the area or have significant impact on
permitted uses on adjdcent properties, and would be appropriate.
2. ~P 96-02,
Staff has reviewed the special use permit t~o pr ,ovl_d,..e ~ ~a~_ ,al~y~S~sa~od ~o~mdmt~d~a°~osrh°uld
the Board approve the rezoning request. ~ ne Appn~am ~,-,-o v
outdoor storage and display with an increase of 12 display spaces, and to redesign the
parking lot lighting, ft~e proposed use, auto sales, is by special use permit due to its
......... Corridor district. Therefore, staff comment is limited to the
location in me ~tz, ~3atranc~ ,
impact of the use on the EC district.
Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance.
The Board of Supervisors hereby reserves unto itself the rieht to issue all special use
permits permitted hereunder. Soecial use ~ermits tbr uses ~s provided in this ordinance
may be issued upon a finding by the Board of Supervisors that such use will not be of
substantial detriment to adjacent property.
Staffhas not focused on the impact on adjacent property since this use is by special use
permit due only to its location in the EC district. However, impact on adjacent property
is anticipated to be limited due to the existing commercial development of this property.
3
that the character of the district will no be ehan~ed thereby,
Impact on the character of the district is addressed by the Architectural Review Board
(ARB). The ARB has reviewed this requegt and has recommended approval subject to
conditions. (See Attachment E) Those conditions are reflected in the conditions of
approval for the special use permit.
and that such use will be in harmony with the purpose and intent of this ordinance.
Staff has reviewed this request for compliance only with the purpose and intent of the EC
district. Staffrelies on the ARB to provide an analysis of the appropriateness of the use
and based on the comments of the ARB, it is staff's opinion that this use is in harmony
with the purpose and intent of the EC district.
with the uses permitted by right in the district.
This use will have no impact on permitted uses in the area.
with additional regulations provided in Section 5.0 of this Ordinance,
Section 5.0 contains ne additional recommendations.
and with the public health, safety and general welfare.
This use will have no impact on public health, safety or general welfare.
3. SDP 96-005
The Site Review Committee has reviewed this major site plan amendment, and could grant
preliminary approval, with conditions. However, a request by the owner of the property
immediately to the southwest of this site (TMP 77/8) that the Planning Commission
review this site plan was received on February 26, 1996. (See Attachment F) The request
regards an existing second driveway, which runs through the Applicant's property. The
second driveway will be eliminated when the Applicant expands the display area pursuant
to this pending major site plan amendment. Since no easement agreement exists, the
driveway matter is a private matter not under the County's jurisdiction. Staff does not
recommend an increased usage of the Applicant's entrance onto Rt. 742. The neighboring
property (TMP 77/8) does have its own entrance onto Rt. 742, which could be improved
by the property owner.
Staff recommends approval of the major site plan amendment subject to the following
conditions:
RECOMMENDED CONDITIONS OF APPROVAL OF SDP 96-005:
1. The Planning Departmem shall not accept submittal of the final site plan for
s~gna~ure until tentative approvals for the following conditions are obtained. The
final plan shall not be signed until the following conditions are met:
a. Albemarle County Engineering approval of grading and drainage plans
and computations. Extend the existing topography a minimum 200'
outside the site and include a typical cross-section of the proposed grass
swale:
b. VDOT approval of frontage improvements and drainage plans and
computations impacting Avon Street Extended. Per VDOT, show the
existing 250' sight easemem across the property frontage. Include the
deed book reference for recordatiom
c. Albemarle County Engineering approval of an Erosion and Sediment
Control Plan;
d. Albemarle County Engineering approval of stormwater detention plans
and computations. Ifa comparison between pre-development and post-
development conditions shows an insignificant increase in runoff, then a
stormwater management facility may not be necessary;
e. Inspections Dept. and Fire/Rescue Division approval that adequate
fnreflow is available. Required fireflow is 1,150 gpm ~ 20psi;
f. Inspections Dept. and Fire/Rescue Division approval of one additional
barrier free parking space This space is to be van accessible, or m
conformance with the universal parking design;
g. Zoning Dept. approval of total number of parking spaces;
h. Planning Dept. approval of landscape plan;
I. A Certificate of Appropriateness from the ARB must be obtained prior m
final plan approval.
SUMMARY AND RECOMMENDED ACTIONS:
Staff opinion is that the proposed amendment to thc proffers is consistent with previous actions
on this property and,therefore, staff recommends approval of ZMA 96-02 with proffers.
Staff and the ARB have reviewed SP 96-02. Should the rezoning be approved, and based on the
actions of the ARB, staff recommends approval of SP 96-02 subject to the following conditions:
RECOMMENDED CONDITIONS OF APPROVAL OF SP 96-02:
1. The additional building should match the existing building with no substantial change
proposed in design and material;
2. The lighting proposed on the site shall be shielded and directed down onto the site;
3. Additional trees should be added to the site in the area between the parking and Route 742.
The trees should be 3 ½" caliper spaced 35' on center;
4. Buffer shrubs, 24" in height, should be specified around the perimeter of the parking area
between the parking and Route 742;
5. One tree (2 ½" caliper) for every ten parking spaces will be required for the interior parking
spaces;
6. A Certificate of Appropriateness shall be required prior to approval of the site plan, and
should include:
a) Samples of the materials proposed, including colors.
b) Photometric Plan.
c) Dumpster location and any mechanical equipment location. These should be screened
with a material compatible with the building material used.
d) Elevations of the building.
ATTACHMENTS:
A - Applicant's Description, Justification and proffers
B - Location Map
C ~ Tax Map
D - VDOT Comments
E - ARB Letter of Approval with Conditions
F - Letter from Adjacent Owner
A: EDGECOMB.P~T
6
ATTACHEMENT
DATE:
STAFF
COUNTY OF ALBEMARLE
DEPARTMENT OF' ZONING
401 MCINTIRE ROAD
CHARLOTTESVILLE, VA 22902-4596'
(804) 296-58?5 FAX (804) 9724035
FF, E: ~
( ) Major .(.O/Minor
( ) Deferral ( ) W/drawn
( ) Revision (minor amendment)
REZONING
OWN'ER (as currently listed in Real Estate)
/
PHONE: (
APPLICANT (if different from above)
NAME: ~/o~_
ADDRESS:
PHONE: (
CONTACT PERSON/DESIGNATED AGENT (if different from above)
NAME:
ADDRESS:
PROPERTY LOCATION:
PROPOSED ZONING:
PLEASE PROVIDE A DESCRIFI'ION AMI) .1USTIFICATION OF YOUR REOUE~ ON 'HiE BACK OF 'FHI~
OFFICE USE ONLY <.__'T~P
TAX MAP/PARCEL:
3)
ZONED:
**See reverse side for additional TM/P space.
ORDINANCE SECTION:
JUSTIFICATION OF REQUEST: (Please attach additional information as needed)
Map/Parcel
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.
-
Date Receipt # Date
D Under 50 acres $ 815.00
2) Over 50 acres $1,255.00
1) Specific date $ 25.00
2) Indefinite 60.00
Sign la,~e
FEES
1) Under 50 acres $ 815.00
~" 2) Over 50 acres $1,255.00. . . .
SPECIAL USE PEI~IT
county of Albemarle
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5875 Fi%X (804) 972-4035
(~ Amendment of SP ~&~6~O/~5 ( ) Extension of SP
OWNER (as currently listed in Real Estate)
APPLICANT (if different from above)
NAME
PHONE: ( )
ADDRESS:
CONTACT PERSON/DESIGNATED AGENT (if different from above)
NAME: ~'~-,~ R ~,~. ,~', C.,~,~ ,a~,~,~, ~.~.
PHONE (~).~ - ~ ' -- Z~ &
ADDRESS: ~l ~ ~ ~ 0~, ~ ?O
PROPOSED USE: ~ ~- ~ro
DESCRIPTION OF REQUEST: (Please
needed). ""
attach additional information as
JUSTIFICATION: (Please attach additional information as needed).
I hereby certify that the information provided on this application
and accompanying information is accurate, true and correct to the
best ~Y, kn~d~ and belief.
~ ~$ r~~$~ ' //~/~
~r6pe~ty ~ne ~ Date
~ . Q'~
-- _
{ISTORY CHECKED: YES .~ NO
~ special Pe~it ~-q0-~(U~~ variance ~q'~; U~-~/-~
ZMA-96-02
GARY EDGECOMB
ALBEMARLE
OTTESV ,_'_E-
ZMA~-96-02
GARY ~DGECOMB
3? 31
PVCC
RIVAN NA AND
SCOTTSVILLE DISTRICTS
SECTION 77
DAVID R. GEHR
COMMISSIONER
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
701 VDOT WAY
CHARLOTYESVILLE. 22911
February 22 1996
A. G. TUCKER
REStDENT ENGINEER
Rezonings Submittals for
March Public Hearings
Mr. Rot Keeler
Department of Planning and
Community Development
401 McIntire Road
Charlottesville, VA 22902
Dear Mr. Keeler:
Please find our comments listed below:
RECEIVED
FEB 2 7 1996
~,
F'lannlng De
SP-96-01 Peter R. Griqqs
We would recommend [hat access to the store be from Route 692 with frontage
improvements along the site. There is presently an eastbound lane - right turn lane
for Route 692 from Route 250 in place If an entrance was proposed off of Route
250, this would bring conflict with the intent of the turn lane for Route 692. It
may be feasible for a right in only, but access from the secondary route is
recommended. We recommend a left turn lane for Route 250. A traffic generation
study showing level of service for Route 692 and Route 250 intersection will be
needed The entrance off of Route 692 will need to meet sight distance
requirements.
The 2010 Transportation Plan shows that Route 250 in this area is to be
four-laned which may or may not impact this site.
SP-96-02 Edqecomb's Imported Auto Sales
This site was approved under site plan review several years ago. The
additional building and added parking should noc add significant traffic. There is
presently a right turn lane on Avon Street into Route 1101. The parking or display
areas shall not infringe upon VDOT right of way or if there is any on site lighting,
it too shall not impact the roadway.
SP-96-03 Sprint Cellular
A minimum standard commercial entrance will be required with 550' of sight
distance. This site will be right in and right ouc only.
SP-96-04 Sprint Cellular
The site is presently served by a minimum standard commercial entrance.
should not be an impact to infrastructure of VDOT roadway.
This
Mr Ron Keeler
Rezonings Submittals for
March Public Hearings
Page 2
February 22, 1996
SP~96-06 The Tandem School
This petition does not reveal if there will be any additional traffic with this
addition. The existing entrance needs ko have improvements made such as left and
right turn lanes, along with a ssandard commercial entrance.
If access is ~o be made along the proposed connection road, the existing
entrance should be closed. There should be right and left turn lanes off of the
connector road into the school site with adequate sight distance. This can be
reviewed through site plan and road plan review process.
If you have any questions regarding these issues, please discuss with me prior
~o release to the developer.
y~r~ truly,
Assistant Resident Engineer
H~M/smk
cc: J. A. DePasquale
Jim Call
J. H. Kesterson
iATTACHEMENT E I
COUNTY OF ALBEMARLE
Department of Zoning, Room 223
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5875 FAX (804) 972-4035
TDD (8041 972-4012
February 21, 1996
Brian P. Smith, P. E. Civil Engineering Inc.
801 East High Street
Charlottesville, VA 22902
ECEiVED
t:£fl 2 I 1996
Planning Depf:.
Re:
Edgecomb's Auto Sales & Service Expansion
ARB-P(SDP)-96-05
Tax Map 77, Parcel 8A
Dear Mr. Smith:
The Albemarle County Architectural Review Board reviewed the above noted item at its
meeting on Tuesday, February 20, 1996. The Board voted unanimously (4:0) to recommend
approval of the request for amendment to the special permit with the following conditions:
1)
The addition on tile building should match tile existing building with no snbstantial
change proposed in desigu and material.
2)
3)
The lighting proposed on tile site is shielded and directed down onto tile site.
Additional trees should be added to the site in tile area between the parking and Route
742. The trees should be 3 112" caliper spaced 35' on center.
4)
5)
Buffer shrubs, 24" in height, should be specified around the per, meter of the l)arking
area between tile parking and Route 742.
One tree (2 1/2" caliper) for every ten parking spaces will be required for the interior
par'king spaces.
Edgecomb's Auto Sales
February 21, 1996
For the Certificate of Appropriateness, the applicant should include:
1)
e)
3)
4)
If you
Samples of the materials proposed, including colors.
Photometric Plan.
Dumpster location and any mechanical equipment location,
with a material compatible with the building material used.
Elevations of tile building.
these should be screened
have questions concerning any of tile above, please call ine.
Sincerely,
Marcia Jose'pi'
Design Planner
cc: TM 77, Parcel 8A
Correspondence
Ron Lilley
SP-96-02
2
I ATTACHEMENT F I{
RECE~V~
Planning De
May15,1996
COUNTY OF ALBEMARLE
Dept. of Planning & Commun}ty Development
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
Bentivar Land Trust
c/o Katurah Roell
195 Riverbend Drive
Charlottesville, VA 22911
SP-96-11 Bentivar Land Trust
SUB-96-05 Bentivar Preliminary Plat
Tax Map 46, Parcels 92H, 129, 130. 139, 140, 141,143, 144, 145, 146, 147 and Tax Map
62, Parcel 50A and 50G
NOTE CORRECTED CONDITIONS
Dear Mr. Roell:
The Albemarle County Planning Commission, at its meeting on April 23, 1996, took the
following actions regarding the above-noted items:
SP-96-11 Bentivar Land Trust - Unanimously recommended approval to the Board of
Supervisors. Please note that this approval is subject to the following condition:
Development shall be in general accord with a plan titled "Preliminary Plan Showing
Rural Preservation Development Bentivar" and initialed WDF 4/10/96. This plan may be
modified in order to comply with reqmrements of the site review committee or Planning
Commission.
Please be advised that the Albemarle County Board of Supervisors will review this petition mad
receive public comment at their meeting on May 15, 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.
Page 2
May 15, 1996
SUB-96-05 Bentivar Preliminary_ Plat - Unanimously recommended approval subject to the
following conditions: (This action incudes authorization of the use of private roads to serve a
portion of the development).
1. The £mal plat shall not be submitted for s~gnamre nor shall it be signed until the
following conditions are met:
a. Virginia Department of Transportation approval of drainage plans and
calculations;
b. Virginia Department of Transportation approval of road plans which shall include
dedication of 25' right of way where frontage is on Route 699;
c. Albemarle County Engineering approval of final road plans and calculations;
d. Albemarle County Engineering approval of final grading and drainage plans to
include methods to provide adequate access to each lot;
e. Albemarle County Engineering approval of soil erosion plan;
Health Department approval of primary and reserve drain field locations for each
lot;
g. Recreation Facilities Authority approval of Preservation Tract easement:
h. All lots shall have direct access to internal roads. Lots 20, 21, 56 and 57 may be
served by private roads all other lots shall be served by public roads.
Staff approval of road names;
j. At no time shall there be more than one dwelling on any development lot;
k. ~taff approval of a building site on each lot. Those lots which de not have
~tdequate building area shall be modified or combined with other lots.
Please be advised that preliminary plat approval is valid for six (6) months. Failure to submit a
final plat to the Department of Planning & Community Development within that time wilt render
the preliminary approval null and void.
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mclntire Road
Charlottesville: Virginia 22902-4596
(804) 2%-fi823
Ap~124, I996
Bentivar Land Trust
c/o Katurah Roell
195 Riverbend Drive
Charlottesville, VA 22911
SP-96-11 Bentivar Land Trust
SUB-96-05 Bentivar Preliminary Plat
Tax Map 46, Parcels 92H, 129, 130. 139, 140, 141, 143, 144, 145, 146, 147 and Tax Map
62, Parcel 50A and 50G
Dear Mr. Roell:
The Albemarle County Plauning Commission, at its meeting on April 23, 1996, rook the
following actions regarding the above-noted items:
SP-96-11 Bentivar Land Trust - Unanimously recommended approval to the Board of
Supervisors. Please note that this approval is subject to the following condition:
Development shall be in general accord with a plan titled "Pmllminary Plan Showing
Rural Preservation Development Bentivar" and initialed WDF 4/10/96. This plan may be
modified in order to comply with requirements of the site review committee or Planning
Commission.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on Mav 15. 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.
Page 2
April 24, 1996
SUB-96-05 Bentivar Preliminary Plat - Unanimously recommended approval subject to the
following conditions:
1. The final plat shall notbe submitted for signature nor shall it be signed until the
following conditions are met:
a. Virginia Department of Transportation approval of drainage plans and
calculations;
b. Virginia Department of Transportation approval of road plans which shall include
dedication of 25' right of way where frontage is on Route 699;
c. Albemarle County Engineering approval of final road plans and calculations;
d. Albemarle County Engineering approval of final grading and drainage plans to
include methods to provide adequate access to each lot;
e. Albemarle County Engineering approval of soil erosion plan; ·
f. Health Department approval of primary and reserve drain field locations for each
lot;
g. Recreation Facilities Authority approval of Preservation Tract easement;
h. All lots shall have direct access m internal public roads and the use of private
roads shall not be permitted;
i. Staff approval of road names;
j. At no time shall there be more than one dwelling on any development lot;
k. Staff approval of a building site on each lot. Those lots which do not have
adequate building area shall be modified or combined with other lots.
Please be advised that preliminary plat approval is valid for six (6) months. Failure to submit a
final plat to the Department of Planning & Community Development within that time will render
the preliminmy approval null and void.
In order to expedite completion of the above noted items, please have the appropriate agency or
department notify the Department of Planning & Communi .ty Development, in writing, that the
Page 3
April 24, 1996
If you should have any questions or comanents regarding the above noted action, please do not
hesitate to contact me.
Sincerely,
William D. Fritz
Senior Planner
WDF/jcf
cc: Ella Carey
Jo Higgins
Amelia McCulley
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
WILLIAM D. FRITZ
APRIL 23, 1996
MAY 15, 1996
SP 96-11 BENTIVAR LAND TRUST AND SUB 96-06 BENTIVAR
PRELIMINARY PLAT
A: licant's Pro: osal: The applicant is proposing to create a rural preservation developmem
RPD of 57 development lots and one preservation tract. The development would be served by
new internal public roads which would provide access to Bentivar Drive.
Petition: Proposal to create a 58 lot rural preservation development on approximately 264 acres
zoned RA, Rural Areas [10.3.3.3(b)]. Property, described as Tax Map 46, Parcels 92H, 129, 130.
139, 140, 141,143,144, 145, 146, 147 and Tax Map 62, Parcel 50A and 50G is located east of
and adjacent to the Bentivar Subdivision in the Rivanna Magisterial District. This site is not
located within a designated Growth Area (Rural Area 2).
Character of the Area: This site is located adjacent to the existing Bentivar Subdivision and
access to this site is over Bentivar Drive. The North Fork Rivauna River forms the southern
border of the development. Two dwellings are currently located in the area of the proposed
development.
RECOMMENDATION: Staff has reviewed this request for compliance with the provisions of
Section 31.2.4.1 and 10.3.3.3(b) of the Zoning Ordinance and recommends approval.
planning and Zoning History: The area currently under review is the residue of the Bentivar
Subdivision which was plated in the 1970's. Various boundary line adjustments have been
approved in the area under review.
Corn rehensive Plan: This site is located in the Rural Areas of the Comprehensive Plan. The
four major elements for all decisions on rural developmem contained in the Comprehensive Plan
are: (1) Preservation of agricultural and forestal activities; (2) water supply protection; (3)
limited service delivery to rural areas; I4) conservation of natural, scenic and historical resources.
The proposed development includes a preservation tract near the North Fork Rivanna River.
This preservation tract is intended to provide for agricultural activities and soils on this tract are
identified as prime agricultural soils in the soil conservation soil survey. Access to the
preservation tract is thru the subdivision. Staff does note however that portions of the site
proposed for development lots are also located in areas identified as having prime soils.
This developmem is not located in a water supply area and therefore local water supply
protection is not an issue. Staff does note however, that the development lots in the subdivision
Pa~e 1 of 7
are removed from the river which tends to protect the water quality of the river. In addition, all
areas adjacent to the river are included in the preservation tract. The area adjacent to the river ~s
the only resource area identified in the Comprehensive Plan Open Space Plan. This development
does nol result in more lots than could be achieved under "by-right" development and therefore
no impact on service delivery has been reviewed.
In the opinion of staffthis proposal is consistent with the pertinent major elements identified for
the rural areas. This opinion is based on the protection of areas identified in the Open Space Plan
by inclusion of these areas in the preservation tract, and the protection of agricultural potential by
including areas identified as having prime soils in the preservation tract.
STAFF COMMENT:
Rural Preservation Develooment:
Staff will address the design standards for a rural preservation development and the review of the
subdivision plat separately.
Section 10.3.3.2 of the Zoning Ordinance contains design standards for rural preservation
development. Staff opinion is that these design standards are also intended to address the
prowsion of Section 31.2.4.1. Staffwill address each provision of section 10.3.3.2: (The
applicant has provided information intended to address these provisions. This information is
included as Attachment C.)
The Rural Preservation Development option is intended to encouraee more effective land usage
in terms of the goals and objectives for the rural areas as set forth in the Comprehensive Plan
than can be achieved under conventional development. To this end. application for rural
preservation develooment shall be reviewed for:
Preservation of aericultural and forestal lands and activities:
b_. Water supply protection; and/or
c_. Conservation of natural, scenic or historic resources.
The location of the preservation tract is such that it does preserve agricultural lands. However,
the preservation of agricultural activities is limited by the size of the preservation tract and
location which requires that access be thru the proposed subdivision and a portion of the existing
Bentivar development. The applicants stated purpose of this development is to protect the
natural and scenic resources along the Rivanna River and existing agricultural activity. The
location oftbe preservation tract is such that the areas adjacent to the river, including areas of
critical slopes, are located in the preservation tract. The areas adjacent to the river which are in
floodplain and the areas of critical slopes may not be used as building sites undei: either
Page 2 of 7
conventional or rural preservation development. Staff opinion is that the rural preservation trac~
preserves resources associated with the river to a marginally greater degree than would occur
under conventional development. In staff opinion the primary protection afforded the river by
the rural preservation tract is limiting the number of dwellings which might be visible by users of
the river. Staffhas identified as a conservation measure of natural resources the reduced road
construction which will occur to support the rural preservation development. The "by-right" plan
of development requires a total road length of 10,850 feet and the rural preservation development
requires aroad length of approximately 8,350 feet. This reduction in road construction may be
considered as conserving natural resources.
Development lots shall not encroach into prime, important or unique aericultural
or forestal soils as the same ~hall be shown on the most recent published ma_ns of
the United States Department of Aaxicnltural Soil Conservation Service or other
source deemed of eauivalent reliability by the Soil Conservation Service:
This property contains large areas of soils identified as prime soils. Both the development lots
and preservation tract include areas of prime agricultural soils. Staffhas reviewed the
conventional plan of development and the proposed rural preservation development and is of the
opinion that due to the large areas of prime soils that no layout of development is possible for
this number of lots which would not involve activity in areas identified as having prime soils.
The design of the preservation tract is such that the majority of the tract is made up of prime
soils. Only those areas in slopes of 25% or greater in the preservation tract are not in prime soils.
Development lots shall not encroach into areas of eritieal slope or flood plain and
~hall be situated as far as possible from public drinkin~ water supply tributaries
and public drlnkin~ water supply impoundments.
The layout of the development is such that encroachment of development lots is limited to
incidental areas of critical slopes. One development lot does include some portion of the
floodplain. This encroachment into the floodplain is minor and reflects existing parcel
boundaries and development. This development is not a drinking water supply impoundment
watershed.
Development lots shall be se situated and arranged as to preserve historic and
scenic settings deemed to be of importance to the ~eneral public and natural
resource areas whether such features are on the parcel to be developed or adjacent
to such parcel:
The applicant has stated that the location of the preservation tract is such that it provides a buffer
between the development lots and farms in the area. In addition, the developmem lots are
located such that visibility from the North Fork Rivanna River which is a public resource and
identified in the open space plan is limited.
Pa~e 3 of 7
Development lots shall be confined to one area of the parcel and shall be situated
so that no portion of the mml preservation tract shall intrude between any
development lots:
All lots are clustered and no portion of the rural preservation tract encroaches between any
development lots.
All development lots shall have access restricted to an internal street in
accordance with Chapter 18 of the Code of Albemarle:
Access to all lots will be from internal roads in accord with the Subdivision Ordinance.
Nothin~ stated herein ~hall be deemed to obligate the commission to approve a
rural preservation development u_pon finding that in a particular case that such
proposal does not forward the purposes of rural ~reservation devekroment as set
forth hereinabove and that the public purpo_ se to be served would be equally or
better served by conventional development.
Staff has reviewed the conventional plan and the rural preservation development plan to
determine if the proposed RPD results in a superior method of development. In the opinion of
staff the primary benefit of the rural preservation development option is the "clustering" of
development near the existing Bentivar subdivision. This allows the rear portion of the site to be
developed into larger lots which are compatible with the adjacent development, while the
development lots are located near the existing Bentivar development which maintains the
existing character of development. This maintenance of the existing character of development
prevents the appearance of the creation of a new "village" in the Rural Area. It is this potential
of creating a new "village" that ted to the requirement that RPD's with more. than 20 lots be by
special use permit. This "clustering" also permits the developmem lots to b6 located such that
they are not visible from the river which is a public resource. This "clustering" cannot occur
under conventional development and therefore it is the opinion of staff that the public purpose
would not be better served by conventional development of this site. Staff notes that at the rear
of the site some development lots are proposed which are larger than the other development lots
in the development These development lots are 20, 7 and 15 acres in size. (The 20 acre parcel
may be further divided into two additional lots.) These parcels are larger than the average
development lot in this development and border the preservation tract. Therefore, their acreage
above the average lot size could be added to the preservation tract. However, these lots are
centered on existing residential development and existing lots which are owned by various
individuals. (This RPD is made up oftracts owned by various individuals who have joined the
application. All lots, regardless of the owner, have been reviewed under the RPD requirements
for issues such as lot size, development potential and acreage devoted to development.) It is this
existing development and lot configuration which has led to the location of larger lots at the rear
of the development. Staff encourages the creation of an rural preservation tract of maximum size
and the utilization of the minimum area necessary to accommodate the development lots. This
Pa~e 4 of 7
proposal has a preservation tract near the minimum sized and the development lots do not exceed
the maximum acreage requirements of the design standards.
Subdivision Review:
The site review committee has reviewed the subdivision plat for this proposal. One modification
has been identified as necessary for approval of the plat as proposed. The applicant is proposing
the construction of public roads to serve the development. However, lots 20, 21 and the area
noted as possible future division into lots 56, and 57 are proposed to be served by a private road
extending from the end of Bentivar Farm Road. The applicant has submitted a justification for
this road based on the provisions of Section 18-36c of the subdivision ordinance. The
justification for the use ora private road is that a private drive currently exists in the alignment
and serves an existing dwelling. However, the potential of serving up to 4 dwellings exists for
this private road. Historically the County has authorized a mixture of public and private roads
only when the change in road standard has occurred at an intersection. This information is
provided as a circumslance for approval of mixed roads not a justification for approval. Staff
does not consider a cul-de-sac an intersection. Staff can identify no public purpose to be served
by the approval of a private road to serve a portion of this development and has included a
condition requiring that all lots in the development be served by public roads only. While the
applicant has not provided as a justification for the approval of private roads based on the
reduced area of disturbance, the Planning Commission may wish to consider this as a factor in
favor of approving private roads.
SUMMARY:
Staff has reviewed this development for compliance with the design standards for a rural
preservation development. Staff opinion is that the proposed RPD results in a development
which is more consistent with the goals of the Rural Areas than could be provided for under
conventional development. This RPD is superior over conventional development in the
following areas:
Development lots are "clustered" near an emsting development, therefore maintaining the
existing pauern of development in the area;
Larger lots are located at the rear of the property adjacent to other large parcels therefore
maintaining the character of the area;
"Clustering" of development allows for reduced road construction, even with the
extension of the road in the area previously proposed for private road;
The layout of the development provides for protection of the river and associated critical
slopes. This protection includes protection of the view from the river which is a public
resource.
Based on this review staffis able to support the applicant's proposal for a rural preservation
development.
RECOMMENDED ACTION:
Staff recommends approval of SP 96-11 subject to the following condition:
Development shall be in general accord with a plan titled "Preliminary Plan Showing
Rural Preservation Development Bentivar" and initialed WDF 4/10/96. This plan may be
modified in order to comply with requirements of the site review committee or Planning
Commission.
Staffrecommends approval of the Bentivar Preliminary Plat subjec~ to the following conditions:
The final plat shall not be submitted for s~gnamre nor shall it be signed until the
following conditions are met:
g,
h.
i.
j.
k.
Virginia Department of Transportation approval of drainage plans and
calculations;
Virginia Department of Transportation approval of road plans which shall include
dedication of 25' right of way where frontage is on Route 699;
Albemarle County Engineering approval of final road plans and calculations;
Albemarle County Engineering approval of final grading and drainage plans to
include methods to provide adequate access to each lot;
Albemarle County Engineering approval of soil erosion plan;
Health Deparnnent approval of primary and reserve drain field locations for each
lot;
Recreation Facilities Authority approval of Preservation Tract easement;
All lots shall have direct access to internal public roads and the use of private
roads shall not be permitted;
Staff approval of road names;
At no time shall there be more than one dwelling on any development lot;
Staffapproval of a building site on each lot. Those lots which do not have
adequate building area shall be modified or combined with other lots.
ATTACHMENTS:
A - Location Map
B - Tax Map
C - Applicant's Information
D - Sketch Plan
LAT MTN
MTN.
C
,_%
t
SP 96-11 BENTIVAR
.;~ CHAR LO3Lt:~S-
?,~ VILLE
tB
./
SP-96 -11
BENTIVAR
CHARLES WILLIAI~I HURT
1996
March 25, 1996
William D. Fritz
Dept. ofPlarming & Community Development
County of Albemarle
401 McInfire Road
Charlottesville, Va. 22902-4596
1996
RE: Proposed Bentivar Rural Preservation Development
Dear Bill:
I hope the following information will be helpful regarding your comments on this
property.
ITEM #1 In reference to Section 10.3.3.2, the intent of the proposed development is
to preserve the qualities of the existing farms located at the end of the roads that currently
operate as agricultural use. In addition the Caldwell tract will be increased from 25 acres
m 41 acres and be designated as the conservation tract. This parcel contains the majority
of the flood plain along the North Fork of the Rivarma River and the designated land of
critical slopes. This property is not in the watershed. This proposed development is
intended to conserve the natural and scenic resources along the Rivanna River. The
owners wish to preserve the setting of the historic farm estates along the rear of the
property by creating a buffer of larger parcels between the developmental lots and the
existing farms. Although the developmental lots are in an area of prime soils, it would
cause greater hardship to the land to move these lots m any of the area intended for the
preservation tract. The lots, in the prime soils area would still be located in the same area
in the conventional version. The amount of land and forest destruction would be
increased by more than 25% and it would not create the conservation tract along the river.
We have modified the proposed conservation tract to meet the request of the planning
staffto include as much of the contiguous critical slopes and flood plain as possible. The
remmning flood plain wraps around the edges of the Murray and Kegley tracts. We have
made every effort to confine the development lots next to existing Bentivar and proposed
larger lots along the Historic farms and preservation tract.
Page 21
ITEM # 2 The private drive is intended for the use of the Murray property only, it
serves as their driveway that is at the end of the cul-de-sac, it is not intended as a private
road to any greater extent then it is currently being used.
If you have any questions regarding these issues or about the proposed subdivision,
please feel fxee to contact me at 979-8181 or 823-2200.
Respectfully,
Katurah S. Roell
cc: Charles W. Hurt
I ATTACHMENT D I
sUN 12:38 PM
P. 1
205! Polo ~
C~l~awHle. VA
FAX ~'4 - 7?27
T~: Katurah 8. Roell Fax: 296 - 3510
From: W. lames Bd~ins O~e: April 21, 1996
~ CC:
P'mpos~! Bc~livar RPD Psge~: 4
William D, Fri{z, Senior Plmm~, Alb,tmmrlc Cotmty
Dcv~lopmgnL FAX 972- 4035
you f~r your ~clcphonc call c~rU~ ~ w~ek offering to ~ with mc Ibc final
hc ~ Commission on
~ n~y sche~l~ preenS! a mee~in~ Upon my t~mrn Frkiay, I
of thc County Planning S~ ~onu~nts on ~he proposal, and my ~ in,:l~t~
the following ~pa~nt shortfalls in the s~ff -~ysis:
· There are ~vo hisimic ~ adjoining thc proposcd RPD, "Bcnttvar" (VDI-~ {~02 - 127J,
thc Man-ay prol~n% aua "I~d Hills" CVDh~ ~2 - ~), my lumpcny. "Bentiva~ h;
,,.la~ss~l umgc~tially in the ~aff report; "Rcd Hills" is not mentioned.
Thc prcsen~ of the old slave ccme~'y on 1~ #1~¢ [and p~sibly on a poflion ~f th~ two
adjaccr~ lois) also was not memioncd. P, eponcd~, thc c~m~'y has be~m used as lam as th~
early ~ of this ceam~. During discussion this past wim~, you had indicated that some
~a-ovision WOuld be made for l. hc c~'s l~eScrvation. [Contim~l ne~ page]
'~,;'~u~'~.k'' '~' "~i ·", ~ ~
SUI 12:38
P. 2
Neitl~r your March 2~ Macr m William Fri~z, nor ~c a~&~ion of ~ i~ on
~fic ~ ~c ~n~ (~a~ ~on ~gc 3 ~ s~m~) ~ly ~s
the ~o ~ M~gh~ed on ~ ~s ~. I ~ ~c ~ C~mi~n is ~fl~ ~
~o~s ~or ~ ~ ~i~n.
As a final point, I undemtand that in convelsafion with my wifc aborn tim location of the sign
announcing thc public hearing for this pfojcc~ you ~ uncertain whether or not it v~as on our
lXopeny or on land owned by Dr. Hun. To clsr~ my ~ of ou~ mutual boundarL I
am inclosing a copy of thc pfmincnt section of my t 990 property su~-~y and ~ 1990 letter from
Df. phn-~ to the l:n~;~:lin~ owncr of "Eed Hills". Thesc r~o docun~n~ s~,~"~'_ m confi~n Rm~ the
is l~cated above argl m the tight of tlm sul~vision sign shown o~ fig satyr, is clearly on our
~olg~y. Although this lss~ has liRl¢ or no l~ring on the c-m-g~ proposal, its ~solu~ion will
'AF~R-21-96 SUN 12:39 PM
?, 3
T,4 X' M,4P/ db
SUM 12:39 PM P. 4
November 19, 1990
Denis Cellura
Red Hills Farm
Rt. 18, Box 29
Charlottesville,
VA 22901
Dear Mr, Collura:
It has been brought to my attention the sign advertising
Bentivar Subdivision, which sign fronts on State Route 643, is
partially on your property known as Red Hills Farm. The purpose
of this letter is to acknowledge the fact the sign is on your
property, that it is there with your permission and that it will
be removed at our expense at any time upon request from you or
your successors in title to Red Hills Farm.
Thank you for your courtesy in not requiring immediate
removal of the sign.
Sincerely,
Charles W. Hurt, M.D.
./
c%F~ojr
BAFSLT14.LTR
ECESV' D
APR 2
,
lanmng Dept.
April 19, 1996
To the Albemarle County Planning Commission:
This is to inform you that as a land owner adjoining the Bentivar Land Trust off
of Rt. 643, I am aware of the Action SP-96-11, which will come before your group at the
April 23 and May 15 meetings.
[ am aware of the Bentivar Land Trust plan to develop this area as a rural
preservation tract as opposed to the conventional development scheme. This would be the
best alternative for this wooded tract of land and if development is undertaken, I would
favor the rural preservation option. I have viewed both proposed plats.
I will be present at both meetings and hope you will take into eonsidemtiun the
opinions of the surrounding land owners like myself.
Sincerely,
Wendy K. Caldwell
Walnut Ridge Farm
1869 Bentivar Farm Road
Charlottesville, VA 22911
April30,1996
COUNTY OF ALBEMARLE
Dept. of Planning & Community Developme~,fl
401 Mclntire Road
Charlottesville, Virginia 229024596
Virginia Land Trust & Malcolm Woodard
c/o Katurah Roell
195 Riverbend Drive
Charlottesville, VA 22911
SP-96-12 Virginia Land Trust & Malcolm Woodard
Tax Map 76, Parcels 12B, 12C and 12E
Dear Mr. Roell:
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 the following conditions:
Department of Engineering approval of grading and drainage plans and calculations;
The basement shall be used only for storage and mechanical eqmpment space. The
basement is not considered habitable and there shall be no employee work space or area
open to the public in the basement;
Compliance with all local, state, and federal permit requirements pertaining to fill activity
within the floodplain.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on May 15. 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 n. oted action, please do not
hesitate to contact me.
Sincerely,
Ronald S. Keeler
Chief of Planning
cc: Ella Carey
Jo Higgins
Amelia McCulley
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
RON KEELER
APRIL 23, 1996
MAY 15, 1996
SP-96-12 VIRGINIA LAND TRUST AND MALCOLM WOODARD
Applicant's Request and Justification: To atlow grading in the flood plain in order to get a
small section (rear corner) of the existing foundation out of the floodplain fringe. The existing
foundation would serve as the base ora proposed 4, 000 square foot single story project. This
request is to also allo grading in the flood plain in order to construct a storm detention pond. To
allow a site that is very unpleasing to the eye to become a productive and attractive small office
building that would do much to improving the area.
Petition: Virginia Land Trust and Malcolm Woodard petition the Board of Supervisors to issue a
special use permit to allow fill activity in the floodplain (30.3) of Morey Creek on 1.2 acres
zoned HC, Highway Commercial and E.C. Enl~ance Corridor Overlay. Property, described as
Tax Map 76, parcels 12B, 12C, and 12E, is located on Fontaine Avenue Extended, west of
Morey Creek in the Samuel Miller Magisterial District. This site is within a designated growth
area CLlrban Neighborhood 6) and is recommended for Neighborhood Service.
Character of the Area: This site is currently occupied by a building foundation and is largely
overgrown. Morey Creek and its floodplain are on the eastern side of the property. The rear of
the property has a steep slope rising upward to the Virginia Department of Forestry property.
SUMMARY AND RECOMMENDATION
Staff previously reviewed this petition and recommended approval. Staff is aware of no change
in circumstance to warrant reconsideration of prior recommendation. Staff recommends
approval subject to conditions related to the floodplain.
_STAFF C_OMMENT:
The applicant proposes m construct an office building on an existing foundation. A small
amount of fill in the floodplain is necessary as part of the development and this activity
necessitates a special use permit. In October, 1993, the Board approved SP-93-22 to allow this
same activity (Attachment C: Staff report for SP-93-22). The applicant had preliminary review
by the Architectural Review Board and was granted a setback variance by the Board of Zoning
Appeals. However, construction was not pursued and the special use permit expired. In a case in
which a special use permit has expired, staff in subsequent review attempts to determine if there
Page 1 of 2
has been a change in circumstance to warrant a full review. There has been no change in the
area. There have been no changes m the flood plain regulations, entrance corridor provisions or
other regulation which would affect this property. The Comprehensive Plan is unchanged since
prior review.
RECOMMENDED CONDITIONS OF APPROVAL:
Staff recommends approval subject to conditions of approval of prior SP-93-22:
Department of Engineering approval of grading and drainage plans and calculations;
The basement shall be used only for storage and mechanical equipment space. The
basement is not considered habitable and there shall be no employee work space or area
open to the public in the basement;
Compliance with all local, state, and federal permit requiremems pertaining to fill activity
within the floodplain.
ATTACHMENTS
A- Location Map
B- Tax Map
C- Staff Report- SP- 93-22
Page 2 0£2
SP-96-12 Malcolm Woodward and
Virginia Land Trust
ALBEMARLE COUNTY
SAMUEL MILLER, SGOTTSVILLE
AND'~IACK JOUETT DISTRICTS
SECTION 76
ATTACHMENT C
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS=
WILLIAM D. FRITZ
SEPTEMBER 21, 1993
OCTOBER 13, 1993
BP-93-022 - MALCOLM WOODW~RD AND VIRGINIA L~ND TRUST
8DP-93-045 - BUCKINGHAM OFFICE BUILDING pRELIMINARY SITS PLAN
Petition:
SP-93-22 - Malcom Woodward & ¥irainia Land Trust - Petition to
permit fill activity in the floodplain [30.3] on 1.2 acres zoned
He, Highway Commercial. Property, described as Tax Map 76,
Parcels 12B, 12C and 12E is located on Fontaine Avenue Extended
west of Morey Creek in the Samuel Hiller Magisterial District.
This site is located in a designated growth area (Urban
Neighborhood 6) and £s recommended for Neighborhood Service (SDP-
93-45 Buckingham Office Building Preliminary Site Plan is being
reviewed concurrently).
(BDP-g3-045~ - Buckinaham Office Buildlng Preliminar~ Site Plan -
Approval of reduction of required buffer in accord with Section
21.7.3.
Character of the Area: This site is currently occupied by a
building foundation and is largely overgrown. Morey Creek and
its flcodplain are on the eastern side of the properties. The
rear of the property has a steep slope rising upward to the
Virginia Department of Forestry property.
ADDlioant~s Pronosal: The applicant proposes to construct an
office building utilizing the existing foundation. A small
amount of fill in the floodplain is necessary as part of the
development and this activity necessitates a special use permit.
SUMMARY ~ND RECOMMENDATIONS~
Staff has reviewed these requests for compliance with the Zoning
Ordinance and recommends approval.
PL~NNINGAND ZONING HISTORY~
No history is available. A variance is pending.
is for setbacks).
(This variance
COMPREHENSIVE PL~N~
This site is recommended for Neighborhood Service in Neighborhood
6. The Comprehensive Plan (Open Space Plan) designating Morey
Creek as a major stream valley. The Comprehensive Plan
recommends all adjacent land between the Bypass and Fontaine
Avenue as Office Service.
1
Staff will review the Site Plan and Special Use Permit request
separately.
8P-93-22
Attached is a letter from the Zoning Administrator which outlines
the history of the site and the current application (Attachment
C). The applicant is proposing to locate a small amount of fill
in the floodplain and to raise the finished flood elevation of
the basement. (The basement will be used for storage). The
applicant has worked closely with the Engineering Department in
order to determine the extent of the floodplain and the elevation
of the structure. The Engineering Department has reviewed this
request and supports the application.
The Planning Department typically discourages encroachments into
the floodplain. However, this situation is unusual due to the
existence of the building foundation. Based on the Engineering
Department comments and the existence of the building foundation,
staff recommends approval of SP-93-22 subject to the following
conditions.
RECOMMENDED CONDITIONS OF APPROVAL:
Department of Engineering approval of grading and drainage
plans and calculations;
The basement shall be used only for storage and mechanical
equipment space. The basement is not considered habitable
and there shall be no employee work space or area open to
the public in the basement;
Compliance with all local, state and federal permit
requirements pertaining to fill activity withi, n the
floodplain.
8DP-93-045
This plan has been reviewed by the site review committee and may
be approved subject to standard conditions. The only item
requiring Planning Commission review is a proposed reduction of
undisturbed buffer between commercial and residential properties
which is permitted in accord with Section 21,7.3 which states:
Buffer zone adjacent 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 32.7.0. (Amended
9-9-92). The commission may waive this requirement in a
2
particular case where it has been demonstrated that grading
or clearing is necessary or would result 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. (Added 7-10-85)
The adjacent property to the south is zoned R-l, Residential and
is used by the Virginia Department of F~restry. (The Department
of Forestry also owns land on the opposite side of the Route 250
bypass). The request for encroachment is due to the triangular
shape of the property under review which creates a need for the
encroachment in order to install parking where the property is
most narrow.
The Virginia Department of Forestry has no objections to this
request (Attachment D). The steep slope rising from this site to
the Department of Forestry completely screens the two sites from
each other. There is no public benefit to retaining the
undisturbed buffer as the vegetation within the buffer provides
no screening value. Staff supports this request and recommends
approval of the modification request. Staff will
administratively approve the site plan subject to Board of
Supervisors approval of the special use permit and the Planning
Commission,s approval of the modification request.
A -Location Map
B -Tax Map
c -Zoning Administrator Comment
D -Letter From Department of Forestry
E -Site Plan
3
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mclntire Road
Charlottesville. Virginia 22902-4596
(804) 296-5823
MEMORANDUM
FROM:
DATE:
RE:
Albemarle County Board of Supervisors
Claudia L. Paine, Senior Plarmer ~/~ ~
April 30, 1996
ZMA-96-06 Peyton Drive
The Albemarle County Planing Commission, at its meeting on April 23, 1996, unanimously
recommended approval of the above-noted request to rezone two small parcels with either
residential ar commercial zoning. These parcels are the result of a subdivision to create the
Peyton Drive Regional Stormwater Detention Basin parcel. Attached please find a staffreport
which outlines this request.
The Board is scheduled to review this petition and receive public comment at its meeting on
MAY15 1996.
If you should have any questions or comments regarding the above noted action, please do not
hesitate to contact me.
CLP/jcf
ATTACHMENT
cc: Ella Carey
Jo Higgins
Amelia McCulley
RESOLLrrION OF INTENT
Pa~ts of Parcels 03-3A, 03-4, 03-5, anal 03-6A on Tax Map 61W will be considered as follows:
1. TMP 61W-03-4:
Residue from Pazeel 5 of 14075 sq. ft. (sl~,,~. on a B. Attbzey
HJL..~,, plat, dated 20 February 1995), zoned C1, ~h~]l be aided to
Paxcel 4, zoned R15. The ama is pzoposed to be rezoned to R15.
[TMP61W-03.5 to TMP61W-03.4]
2. TMP61W-03.5:
Psxeel X of 15666 sq. ft., zoned R15, sl,~li be added to Parcel Y of
12083 sq. ft. ~,,l Pared Z of 9984 sq. ft., ]~oth zoned C1, to create
a new Pared 5 (shown on a B. A~brey H,j.r...~u plat, 20 Febn~ary
I995). This ,xea is proposed to be zezoned to Cl. [TMP61W-03-
3A to 5]
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE_: ZMA-96-06 Peyton Drive
SUBJECT/PROPOSAL/REOUEST: Request to
rezone two small parcels with either residential or
commercial zoning. Thes~ parcels are the result of a
subdivision to create the Peyton Drive Regional
Stormwater Detention Basin parcel.
STAFF CONTACT S':
Claudia L. Paine.
AGENDA DATE:
April 23, 1996
ACTION: X
ITEM NUMBER:
INFORMATION_:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
On February 21, 1996, the Board of Supervisors adopted a Resolution of Intent to rezone properties which were
reorganized in association with the Peyton Drive Regional Stormwater Detention Basin. This rezoning will
w'~establish uniform zoning on the newly organized parcels. The Peyton Drive Detention Basin is a County
drainage improvement project (DIP 93-002) that will create a regional stormwater detention basin within an
existing large ravine. (See Attachments A and B) The conswacfion cost was funded through the capital
improvements program several years ago. It will provide regional stormwater management for existing and
future development, as well as relief to downstream properties from flooding and erosion. The adjacem
property owners are conveying the land for the basin at no charge to the County. The land is being conveyed in
lieu of onsite detention and m satisfy the prorata share contribution requirement for regional basins. Plats and
deeds that convey this property to the County of Albemarle have been put m record.
DISCUSSION:
The Basin parcel was created by combining parcels X, Y and Z subdivided from the three adjacent parcels Isee
attached plat, Attachment D). Adjacent Parcel 3A is fully developed and zoned R-15, Residential. Parcels 5
and 6A are undeveloped and are both zoned C-l, Commercial. As a result, the Basin parcel divides zoning
districts. Rezomng the Basin parcel to C-l, Commercial will provide a uniform zoning of this property and
remove the residential zone setback requirement for the narrow, undeveloped commercial property adjacent to
Greenbrier Drive (see attached plat, Parcel 6A -Attachment D). Such a setback requirement, intended to buffer
adjacent residential areas from commercial development, would not be necessary since the Basin parcel will
provide the buffer.
As a result of this subdivision, the small Parcel 5 Residue (zoned C-l, Commercial) will be combined with the
/~, larger Parcel 4 {zoned R-15, Residential). Rezoning the Parcel 5 Residue (ie. Parcel 4(part)) to R-15,
Residential will eliminate the zoning district divisions within the new combined Parcel 4. Parcels X, Y and Z
~-~,are to be combined into one new parcel and designated as T.M. 61W, Parcel 03-05 (the Basin Parcel). Rezoning
Parcel X (i8. Parcel 5(part)) to C-l, Commercial will eliminate the zoning district divisions within the new
combined Parcel 5.
This entire area is designated in the Comprehensive Plan for Community Service in Neighborhood 1, within
which the referenced zoning (R-15 and C-i) allows for acceptable uses. The zoning boundaries, as they
currently exist, will provide no public benefit with the creation of the new Basin parcel. Instead, they will
hinder logical development ofthe adjacent undeveloped parcels. Rather than waiting for individual requests, as
each adjacent parcel is developed, it is justifiable that the County undertake this rezoning as one procedure.
RECOMMENDATION:
Staff recommends approval of this rezoning.
ASZMA9606.RPT
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
FEB 1 6 1996
Planning Dept.
AGENDA TITLE:
Resolution of Intent to Rezone properties associated with the
Peyton Drive Regional Stormwater Detention Basin, adjacent to
Commonwealth Drive, Peyton Drive, nad Greenbrier Drive.
SUlkIECT/PROPOSAI./REOUEST:
Properties to be rezoned are four small parcels with either
residential or commercial zoning. These parcels are the result of
the subdivision to create the Peyton Basin parcel.
AGENDA DATE: ITEM NUMBER:
February 2 I, 1996
ACTION:
INFORMATION:
CONSEiNrr AGENDA:
ACTION: X
INFORMATION:
STAFF CONTACT S~:
Messrs. Tuckc~, Cilimberg, & Kelsey ATTACHMENTS: Raso~f Intent
REVIEWED By_:
BACKGROUNI}:_
~rhe Peytoa Drive Detanfiml Basln (DIP 93-002) ' · ' . .
lsa County drainage anprovemen~ proJect thnt will erente a regional storeawater detention_
s~a wil~n au existing large ravine. The~°nsmmti°ne°stwasfamtedthroughtheoapihd improvements program several yasrs ago. Itwill -
.,rovid~, regional, stormwa~er m~*sem~t for existing, ami future d~valopment, az well as relief to do~ properties from floodln~ ami
~ The adjacent property owners are conveying the 1~1 for the basin a~ no charge to the County. The land is being conv~Yed ia ~eu of
oosi~ detention and to satisfy the prorata share con~bufion requirement for regional basins. Plats and deeds fl~ convey ~ properly t6 the
County of All~narle, have been approved and are ready for signature,
DISCUSSION:
The Basin panel was crea~d by comt,l.lng parcels X, Y & E subdivided from the thre~ adjacent parcels (see ,m~ched plat). Adjaseat Parcel
3A is fully d~veloped and zoned R ! $ - Residential. Parcels 5 & 6A are undeveloped and are both zoned C 1 - Commexcial. As a re. it, the
Basin pas:~l divides ze~in~o ~ Regonln~ the Basin parcel to C 1 - Commercial will provide a uniform zoning of this properly and remove
the x~&lontial zone sethack requirem~ for the narrow, undeveloped commereial property adjacent to Greetthrier Drive (gee arched pl~
P?celstaco the6A)'BasinSUChparcela sethaCkwill requirement,provide the buffer.in~ded to buffer adjaseot reaide~tial areas from comm~reial development, would not bo necessary
As a resul! of this subdivisioa, the sma~! Pare. el $ Residue (zoned C 1 - Commercial) will be combined with the larger Parcel 4 (zoned R1 $ ~
l~,~i~). - · . ...........
4. P'ez°nm°° the Parcel $ R~sldue' t° R1 $ Resldontial, will etlmmnte the zoning disiriet divunons within the new combined Parcel
fo~igr' anfim ~ is desi~onn~ed/n the Comprehensive Plan for Comm~mi~, Service within which ......
at~-~o~able us~ q~,. -~'nln~ ~.^.--a--'-- ., ..... - · n me rea~ Zonmo (R-I~ and C-D
· , . · -~ ~ ~ oo~a~s, as mey ex~., vail provide no public benefit w/th the ,',~:~ ~' ,~-- ---~--~ · ·
they will hin,~_ logical davalopment of the adjacent undeveloped parcels. Rather than waiting for ind/vidual requests, as each adjacent parcel
/s developed, it knjuadfinble that the Cotmty undertake th/s rezoning as one procedure.
RECOMMENDATION:
Adopt the attached Resolution of Intent.
PEY'I'NEXE.$Ulvl
96.026
*\
ZMA-96-06
DRIVE
5
ALBEMARLE
45
COUNTY
i ATTACHEMENT C I
ZMA-96-06
PEYTON DRIVE
CITY
OF
CHAR LO~I~ESVI LLE
~ · ~ "- ~' - ,- JA(~K JOUETT, RIVANNA AND SECTION 61
GHARLOTTESVlLLE DISTRIGIS
Z
May 9, 1996
COUNTY OF ALBEMARLE
Dept. of Plannin~ & Community Developmem
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
Lloyd F., Jr. & Patricia E. Wood
724 Chapel Hill Road
Charlottesville, VA 22901
ZMA-96-09 Lloyd & Patricia Wood
Tax Map 61, Parcels 124E and 124E1
Dear Mr. & Mrs. Wood:
The Albemarle County Planning Commission, at its meeting on May 7, 1996, unanimously recommended approval of the
above-noted petition to the Board of Supervisors. Please note that this approval is subject to the 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 thek meeting on May 15, 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.
If you should have any questions or comments regarding the above noted action, pIease do not hesitate to contact me.
Sincerely,
William D. Fritz
Senior Planner
WDF/jof
cc: Jo Higgins
Amelia McCulley
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE: ZMA-96-09 Lloyd and Patficia
Wood
SUBJECT/PROPOSAL/REOUEST:. Petition to
amend the proffers of ZMA 86-01 to allow light
warehousing. Property, described as Tax Map 61,
Parcels 124E and 124E1 is located on the north side
of Rio Road and is the existing Putt-Putt miniature
golf course.
STAFF CONTACT(SI:
Mr. Fritz
AGENDA DATE:
Planning Commission - May 7, 1996.
Board of Supervisors - May 15, 1996
ITEM NUMBER:
ACTION: Yes INFORMATION:
CONSENT AGENDA: No
ATTACHMENTS_: Yes
REVIEWED BY:
BACKGROUND: The area under review (Tax Map 61, Parcels 124E and 124E1) was rezoned to HC, Highway
Qommercial, in 1986 (ZMA-86-01). This action contained proffers which limited the permitted uses of the property..
One of the uses which was prohibited was light warehousing. The Board of Supervisors recently approved a
rezomng, ZMA-95-18, for land adjacent to the north, which was requested by this applicant in order m allow a light
warehousing facili .ty to be constructed. During the review of ZMA 95-18 the applicant submitted a plan of
development showing the layout of the proposed light warehousing facility. This plan indicated that a portion of
Tax Map 61, Parcels 124E and 124E1 would be used for the light warehouse facility. However, the descriptions
fox ZMA 95-18 made no reference to amending the proffers of ZMA-86-01 to allow this to occur.
DISCUSSION: The applicant has provided proffers which amend the previous proffers to add only light
warehousing and limit light warehousing use of the property to that shown on the plan reviewed by the Board of
Supervisors with ZMA 95-18. This approach has the effect of permitting approximately 8 feet of this property to
be used for light warehousing use.
RECOMMENDATION: Staff views this as a minor amendment which clarifies the prewous action taken by the
Board during the review of ZMA 95-18. Based on this analysis, staff recommends approval subject to acceptance
of the applicant's proffers.
ASZMA9609.RPT
5 1996
Date: May 15, 1996
Original Proffer
Amended Proffer X
(Amendment #1)
PROFFER FORM_
ZMA # 96-09 Tax Map Parcel(s) #124E and 124E1
Less than .1 Acres to be rezoned from HC with proffers to HC with 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 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
(1)
Conditions shall be those attached hereto and titled ZMA 96-09 and dated
May 15, 1996
Signatu,'-e~'of AIl Ov~ner~
Lloyd F. Wood, Jr.
Printed Names of All Owners
5115~96
Date
Patricia E. Wood 5/15/96
OR
Signature of Attorney-in-Fact
(Attach Proper Power of Attorney)
Printe(~ Name of Attorney-in-Fact
PROFFORM.WPD
Rev. December 1994
ZMA 96-09
May 15, 1996
Permitted uses on Tax Map 61. Parcel 124E1 shall include only those uses allowed in Section
24.2.1 of the Albemarle County Zoning Ordinance in effect On April 19. 1996. a copy of the
section being attached hereto, except the following:
4. Building materials sales.
10. Feed and seed stores.
20. Hotels, motels and inns.
21. Light warehousing {except as provided in Proffer 2).
22. Machinery and eqmpment sales, service and rental_
23. Mobile home and trailer sales and service.
25. Motor vehicle sales, service and rental.
27. Newspaper publishing.
32. Sale of major recreational eqmpment and vehicles.
:34. Wholesale distribution.
39 Heating oil sales and distribution.
Light warehousing, as authorized by Section 24.2.1.21 of the Albemarle County Zoning
Ordinance, shall be permitted on (t) a strip approximately eight feet deep along the northerly
portion of Tax Map 61, Parcel t24E1 that abuts the parcel identified as "T.M.P. 61-124E" on
the Rezoning Application Plan dated October 27, 1995 Ithe Plan), a reduced size copy of
which is attached hereto (the strip), and (2) a portion of the residue of Tax Map 61, Parcel
124E, zoned HC, and north of the proposed property line identified on the Plan (the portion).
The locanon of the strip and the portion shall be as shown on the Plan. Use of the strip and
the portion for light warehousing (the facility) will be subject to the follovang requirements:
a. The facility wilt be configured as shown on the Plan.
The exterior walls of the facility will be textured blod< (split faced ribbed,
etc.), of a pastel or earth tone color, and the walt shall incorporate architectural
features to create shade and shadow in order to prevent monotony.
The roof of the facility will be either fi fiat or a nearly flat roof, not visible from
Tax Map 6 t, Parcel 124C* by an observer with height of eye of six feet or, if
another type of roof will be visible, it will be a standing seam metal roof or
other type of roof approved by the owner of Tax Map 61, Parcel 124C* at the
time of construction of the facility.
The three-foot strip between the eastern walt of the facility and T~ix Map 61.
Parcel 124C* will be planted with tall columnar plantings or with plantings
such as pyracantha which are espaliered to the wall and maintained by the
owner of the facility.
The proffers dated |anuaty 30, 1996. [or the 5.45 aeres of Tax Map 61, Parcel 124E, accepted
by the Board of Supervisors in ZMA 95-18 on February 12, 1996, shall remain in full [orce
and effect for that portion of that parcel.
s th~s parcel exists on April 19, 1996, and as identified on the Plan.
Date:
Original Proffer
Amended Proffer
(Amendment # ,¢?
PROFFER FORM
ZMA# ~'~-~¢' Tax Map Parcel(s)# ~/- /2~/-/~
Acres to be rezoned from /'~z-C to /TL-~L-
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or
its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall
be applied to the property, if rezoned. These conditions are proffered as a part of the
requested rezoning and it is agreed that: (1) the rezoning itself gives rise tothe need for
the conditions; and (2) such conditions have a reasonable relation to the rezoning
requested.
Printed i~ames of All Owners
Date
Signature of Attorney-in-Fact
(Attach Proper Power of Attorney)
OR
Printed Name of Attorney-in-Fact
PROFFORM.WPD
Rev. December 1994
Use of the property shall include only:
Uses contained in Section 24.2.1: 2, 3, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21,
24, 26, 28, 29, 30, 31, 35, 36, 37, 38, 40, 41, 42, 43 and uses contained in Section 24.2.2
provided a special use permit is obtained, all as contained in the Albemarle County
Zoning Ordinance in effect on April 19, 1996 a copy of these sections which are attached
hereto;
If a self storage facility (*Light Warehousing per Zoning Ordinance Section 24.2.1, use
21 ) is built on the property, it will be of the configuration shown on the October 27, 1995
rezonlng application plan, provided as a part of the rezoning application, a reduced size
copy of which ~s attached hereto;
(*As comained in Albemarle County Zoning Ordinance in effect on April 19, 1996, a
copy of this section which is attached hereto.)
If a self storage facility is built on the property, the exterior walls will be textured block
(split face, ribbed, etc.) Of a pastel or earth tone color, and the wall shall incorporate
architectural features to create shade and shadow in order to prevent monotony;
Ifa self storage facility is built on the property, the roof of the facility will be either flat
or nearly flat roof, not visible from *Tax Map 61, Parcel 124C by an observer with height
of eye of 6', or if another type of roof which is visible, be a standing seam metal roof or
other type of roof approved by the owner of*Tax Map 61, Parcel 124C at the time of
construction of the storage facility. (*As this parcel exists on April 19, 1996, a copy of
the map is attached hereto, and any successors parcel or parcels. );
If a self storage facility is built on the property, the 3' strip between the eastern wall of the
storage facility and adjacent parcel will be planted with tall columnar plantings or with
plantings such as pyracantha which are espaliered to the wall and maintained by the
owner/user of the storage facility.
ZMA 96-09
May 15, 1996
Permitted uses on Tax Map 61, Parcel 124E 1 shall include only those uses allowed in Section
24.2.1 of the Albemarle County Zoning Ordinance in effect on April 19, 1996, a copy of the
section being attached hereto, except the following:
4. Building materials sales.
t O. Feed and seed stores.
20. Hotels, motels and inns.
21. Light warehousing texcept as provided in Proffer 2).
22. Machinery and eqm pment sales, service and rental.
23. Mobile home and trailer sales and service.
25. Motor vehicle sales, service and rental.
27. Newspaper publishing.
32. Sate of major recreational equipment and vehicles.
34. Wholesale distribution.
39. Heating oil sales and distribution.
Light warehousing, as authorized by Section 24.2.1.21 of the Albemarle County Zoning
Ordinance, shall be permitted on (1) a strip approximately eight feet deep along the northerly
portion of Tax Map 61, Parcel 124Et that abuts the parcel identified as "T.M.P. 61-124E" on
the Rezoning Application Plan dated October 27, 1995 (the Plan), a reduced size copy of
xvhich is attached hereto (the strip), and (2) a portion of the residue of Tax Map 61, Parcel
124E, zoned HC, and north of the proposed property line identified on the Plan (the portion).
The location of the strip and the portion shall be as shown on the Plan. Use of the strip and
the portion for light warehousing (the facility) will be sub}ect to the follovang requirements:
a. The facility will be configured as shown on the Plan.
The exterior walls of the facility will be textured block (split faced, ribbed,
etch), of a pastel or earth tone color, and the wall shall incorporate architectural
features to create shade and shadow in order to prevent monotony~
The roof of the facility will be either a flat or a nearly fiat roof, not visible from.
Tax Map 61, Parcel 124C* by an observer with height of eye of six feet or, if
another type of roof will be visible, it will be a standing seam metal roof or
other type of roof approved by the owner of Tax Map 61. Parcel 124C* at the
time of construction of the facility.
The three-foot strip between the eastern wall of the facitiry and Tax Map 61,
Parcel 124C* will be planted with mtl columnar plantings or with plantings
such as pyracantha which are espaliered to the walt and maintained by the
owner of the facility.
The proffers dated January 30, 1996. for the 5.45 acres of Tax Map 61. Parcel 124E, accepted
bv the Board of Supervisors in ZMA 95-18 on February 12, t 996. shall remain in full force
and effect for that portion of that parcel.
*As this parcel erasts on April 19, 1996, and as identified on the Plan.
ZMA-96-09
LLOD & PATRIClA WOOD
ZMA-96-09
LLOD & PATRICIA WOOD
45
AREA TO BE
REZONED
CITY
OF
CHARLOTTESVILLE
77
,,:~ dACK JOUETT. RIVANNA AND SECTION 61
' CHARLOTTESVILLE DISTRICTS
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mclntire Road
Charlottesville. Virginia 229024596
~804) 296-5823
MEMORANDUM
BOARD. OF SUPERVISO~$
TO:
FROM:
DATE:
RE:
Albemarle County Board of Supermsors
Ronald S. Keeler, Chief of Planning ~
May 9, 1996
ZTA-96-01 Signs
The Albemarle County Planning Commission, at its meeting on May 7, 1996, at the request of
staff, deferred the above-noted petition to May 14, 1996. Attached please find a staffreport
which outlines this petition. The Board of Supervisors is scheduled to hear this petition at their
May 15, 1996 meeting.
If you should have any questions, please do not hesitate to contact me.
RSK/~cf
ATTACHMENT
ASZTA9601 .LTR
STAFF: RON KEF, T,ER
PLANNING COMMISSION: APRIL 23, 1996
BOARD OF SUPERVISORS: MAY 1, 1996
ZTA-96-01 POSTING OF SIGNS
Origin: Resolution of intent by Planning Commission
Public Purpose to be Served: To provide for improved posting of public notice signs for
rezoning and special use permit hearings
Background: The Code of Va. Contains no requirement that properties subject to rezoning or
special use permit petitions be posted with public notice signs. Under County ordinance, the
applicant is responsible for posting and maintaining notice signs. These disposable cardboard
signs were deemed inadequate and the County purchased durable reusable signs similar to real
estate signs. Posting By County staffwould provide for more uniform method, reduce
paperwork, and relieve the applicam of this responsibility. The County Attorney's office has
prepared amendments to various sections of the zoning ordinance to implement the new
procedures. Staffrecommends approval.
DRAFT: March 21, 1996
ORDINANCE NO.
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 20, ZONING,
ARTICLE ti, BASIC REGULATIONS, AND ARTICLE IV, PROCEDURE OF THE
CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA.
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle,
Virginia, that Chapter 20, Zoning, Article II, Basic Regulations and Article IV,
Procedure, is hereby amended and reordained by:
Amending:
Section 4.15.3
Section 31.2.4
Section 33.7
Definitions
Spedal Use Permits
Withdrawal of Petitions
Adding:
Section 31.2.4.2.1
Section 31.2.4.2.2
Limitation on Filing New Application
After Original Denial
Withdrawal of Application
Repealing: Section 33.8.2
Posting of Property -- Board of
Supervisors Hearing
4.0 GENERAL REGULATIONS
4.15.3
DEFINITIONS
Public Sign: Any temporary or permanent sign erected and maintained
by a town, dty, county, state or federal government or an authority
31.0 ADMINISTRATION, ENFORCEMENT AND INTERPRETATION
31.2.4.2 APPLICATION
Appl. ication for a special use permit shall be made by the filing thereof
by the owner or contract purchaser of the sub}ect property with the
zoning administrator, together with a fee as set forth in section 35.0 of
31.2.4.2.1
31.2.4.2.2
this ordinance. No such permit shall be issued unless the board of
supervisors shall have referred the application therefor to the
commission for its recommendations. Failure of the commission to
report its recommendations to the board of sur)ervisors within ninety
(90) days after the first meeting of the commission after the application
has been referred to the commission shall be deemed a recommendation
of approval. Provided, however, any day between the date an aunticant
requests or consents ro a deferral or continuance of the consideration of
the application by the commission until the date of the deferred or
continued hearinq by the commission shall not be counted in computinq
the ninety (90~ day review r)eriod. The board of sur)ervisors may extend
the review period upon a request by the commission.
The board of supervisors shall act upon such ar)olication and render a
decision within a reasonable time oeriod.
No such permit shall be issued except after notice and heating as
provided by section 15.1-431 of the Code an_d section 33.8 POSTING
OF PROPERTY.. Also ..... uti
(Amended 5-5-82)
LIMITATION OF FILING NEW APPLICATION AFTER ORIGINAL
DENIAL
Upon denial bv the boa}d of supervisors of any application filed
pursuant to section B 1.2.4.2 above, substantially the same ~etition shaI1
not be reconsidered within twelve (12~ months of the date of denial.
WITHDRAWAL OF APPLICATION
Any am)lication filed pursuant to section 31.2.4.2 above may be
withdrawn ur)on written request by the am)licant. The written reauest
must be received by the body considerin~ the application r)rior to it
beeinnine consideration of the matter on the meetine aeenda. Upon
receiot of the ree uest for withdrawal, processin~ of the ap¢lication shall
cease without further action by the com_mission or the board.
Subgtantiallv the same aDplication shall not be reconsidered within
2
twelve ( 12~ months of the date of the withdrawal unless the body
considerin~ the aovlication at the time of .withdrawal specifies that the
time limitation shall not anvlv.
33.0 AMENDMENTS
33.7
WITHDRAWAL OF PETITIONS
Any petition filed pursuant to section 33.2.1 above, may be withdrawn
upon written request by the applicant. The written reouest must be
received by the body considerine the anvlication vrior to it beginning its
consideration of the matter on the meetine aeenda. Uvon receipt of the
reouest for withdrawal, vrocessine of the oetition shall cease without
further action by the commission or the board, ar~- dmc ~r':c,r ~o *&,c
..................... s, --"* Substantially the same petition shall not be
reconsidered within twelve (12) months of the date of act~c,n withdrawal
unless the ,~ot, ...... bod3 considerine the ar~lication at the time of
appro;Sng withdrawal specifies that the time limitation shall not apply.
33.8
POSTING OF PROPERTY
Additional notice of -"~-~:- ~^~-:--~: .... ~-~'--
v ............ 6 ........... 6 re~ardin~ zoning map
amendments initiated pursuant to section 33.2.1 above or sr)ecial use
~ermit atmlications initiated ~ursuant to section 31.2.4.2 shall be
provided by mcat,3 c,f posting signs pc~3tcd on the subject property pro-
~, ................ §, in the manner prescribed in this section 33.8.1 and
section 33.8.3. However. failure to comolv with the postin~
reouirements ~)f this section shall not invalidate any action by the
commission or the board of supervisors.
33.8.1
POSTING OF PROPERTY - PLANNING COMMISSION HEARING
At least fifteen (15) days preceding the commission's public hearing on
...... ~ .... v ....... drc ...... the '~vv ...... zomn~ administrator or designee
shall erect on the property ~'~e ................ s~eclfied in secnon
33.8 above, a sign or signs c..__:_~.~
3
indicating the -~- ........... ~ ~- ~ '~ - ~ .... : .... a _, .... c.
punic kcarLng ~rovertv is to be subie~ to vublic he~n~ ~d referendn~
how to obtain additional infomation re~arding su~ heafin~. ~e si~
sh~l be eremed by '= .... ': ....
.... ~r ...... ~in ten (10) feet of whatever
boundaw line of su~ land abuts a public road and sh~l be so placed ~
to be de~ly ~sible from ~e road ...................... ~, ~ ~* '~-
su~ road abuts ~e property, ~en a si~ sh~l be erected in ~e sme
manner as above for ea~ su~ abutting road. If no public road abuts
~ereon, ~en si~s sh~l be erected in ~e same manner ~ above on ar
least two boodles of ~e prope~y abutting land not pined by ~e
applimt. ~e filin~ of the petition or aoglimti0n sh~l be deemed to
~ant consent to the zonin~ administrator or desi~ee to enter upon the
DroDe~v ~d to erea the si~s.
33.8.2
(RESERVED~
33.8.3
MAINTENANCE AND REMOVAL OF SIGNS
The applicant shall exerdse due diliience to protect the sign or signs
erected pursuant to section 33.8 from vandalism and theft:, maintain the
sign or signs in the location or locations in an erect position as placed bv
the zoning administrator or designee: and ensure that such sign or signs
remain legible. Failure to comr)lv with these responsibilities may be
4
Rounds for the commission or the board of supervisors to defer action
on the vetition or application until there is reasonable compliance.
Any siren erected vursuant to section 33.8 shall remain the r>ror~ertv of
the board of suuervisors. It shall be unlawful ,for any person, except the
applicant uerformin~ maintenance reouired by this section or the zoning
administrator or an authorized agent of either, to remove or tamper
'th any sign c..__:~ ~ ~.._:__ .~ .... :~ :.: ...... :__~ ._ ~ .... :_.~:_ ~
............ e ...... erected t)ursuant to section 33.8. All such signs
...... ~ "-~- *~:- acction shall be removed by the a~llcant zoning
administrator or designee within Fifteen (15) days following the board of
suoervisors' final action on the oetition or aoolication or the aoolicant's
withdrawal of the petition or at~t)lication. '~- .... ~':~ ~- ~--:-~ r .... t:.~ ;.
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mclntire Road
Charlottesville. Virginia 22902-4596
(804) 296-5843 FAX [804] 296-5800
MEMORANDUM
CharIes S. Martin
Walter F. Perkins
Sally H. Thomas
TO:
Board of Supervisors
FROM: Ella W. Carey, Clerk, CMC
DATE: May 10, 1996 ~
SUBJECT: Reading List for May 15, 1996
March 22, 1995 - Mrs. Thomas
EWC: mms
Printed on recycled paper
March 25, 1996
Mr. Lawrence LaWWill, Principal
Albemarle High SChool
Charlottesville VA 22901
Dear Mr. Lawwill:
For years, GeorgetoWn Green has borne the brunt of thoughtless
AHS students, who discard candy wrappers, drink cans and fa~t food
bags and cups on our grounds. This has progressed through the
years, to loitering, pot smoking, "business exchanges" at our
swimming pool parkihg lot and vandalism. One resident said that it
is not unusual to See high school students making themselves at
home in her yard, sitting at her. picnic table.
Since the
have eXperiene
After
ere(~ted
ofter
So,
not s
the situation has grown worse. We
to houses, cars and property.
of directors, a fence was
line~. However, the gate is
, it is merely a challenge for
what could have been a solution is
At the sugge~tio~ of county l~w en~orcemen~ officers, we
placed no trespaSSing ~i~ns at strateglcpOInts. This has not been
a deterrent; in fa~%, 1n the afternoons after school one sees
groups of students gathered directly under the signs, I don't know
how correct the asSUmptiOn migh~ be, but it was mentioned that
these gatherings might be the ~esult of a new policy of patrolling
school groUnds~ fOr~lng the kids to "hang out" somewhere else.
Recently, an altercation in our neighborhood between two
interlopers resulted in a stabbing for which we property owners
were forced tObear the media brunt. BecaUse of all the brouhaha,
~eople here ~ho are trying to market their houses may possibly find
it more ~ifficuit.
Su.mmer iS approaching and with it will come a brief respite.
In the interim k~0re the next school year, I implore you and your
administratorS'to make your most concerted effort yet to limit all
and any ccess~blllty to our neighborhood~
Eliza~th M. Edmondson
#79 Georgetown Green
cc: Mrs. Karen PoWell
Mrs. Charlotte Humphris
COUNTY OF ALBEMARLE
Office of Boardeof Supervisors
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5843 FAX (8041 296-5800
May20,1996
Charles S. Martin
Walter F. Perkins
Ms. Sherry Buttrick
P. O. Box 20
Charlottesville, VA 22903
Dear M s .~B~at~12~.'~:~
At the Board of County Supervisors meeting held on May 15, 1996, you were appointed
to the Agricultural & Forestal District Advisory Committee.
On behalf of the Board, I would like to take this opportunity to express the Board's
appreciation for your willingness to serve the County in this capacity.
CYH/aw
cc: V. Wayne Cilimberg
James L. Camblos, III
Mary Joy Scala
Sincerely,
Charlotte Y. Humphris
Chairman
Printed on recycled paper
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5843 FAX (804) 296-5800
FAX: (804) 296-5800
May 20, 1996
Charles S. Martin
Rivan~
Waiter F. Perkins
Sally H. Thomas
Mr. Philip B. Fletcher
Chairman/CEO
Conagra, Inc.
One Conagra Drive
Omaha, Nebraska 68102
RE: Conagra Plant - Crozet, Virginia
Dear Mr. Fletcher:
On behalf of the Albemarle County Board of Supervisors, I wanted to take this opportunity to thank
you and the Conagra Corporation for your full support of the Conagra plant in Crozet, Virginia
located here in Albemarle County. With the earlier news of a possible restructuring and lay-off
potential of our citizens from Conagra, we were delighted to learn that the plant here in Albemarle
County would not be affected as reported earlier by the news media. Conagra has been an excellent
corporate neighbor and productive resource for our community and we are grateful to you for
maintaining its stares here in Albemarle County.
Please feel free to centact me ifI can be of any service to you and, again, thank you for your sensitive
consideration for the livelihood of the employees of Conagra and citizens of Albemarle County.
Sincerely,
Charlotte Y. Humphris
Chair
CYH/dbm
96.017
pc~
Mr. Gary F. Bartolacci
Albemarle County Board of Supervisors
Printed on recycled paper
COUNTY OF ALBEMARLE
Office of County Executive
401 Mclntire Road
Charlottesville, Virginia 229024596
(804) 296-5841 FAX (804) 972~060
May 28, 1996
Mr. James S. Givens
State Secondaxy Roads Engineer
Virginia Department of Transportation
1401 East Broad Street
Richmond, Virginia 23219
The County of Albemarle, Virginia, indicates by this letter its official intent to participate in the
additional highway revenue sharing program funds referenced in your May 10, 1996 letter. The
County has committed up to $50,000 to be matched on a dollar-for-dollar basis l~om the revenue
sharing funds of the State of Virginia.
The County has worked with its Resident Engineer and developed the attached prioritized list of
eligible projects recommended to be undertaken with these funds.
Thank you in advance for your assistance in this matter.
Sincerely,
96.
Attachment
MAY 15, 19cJ~
EXECUTIVE SESSION MOTION
I MOVE THAT THE BOARD GO INTO EXECUTIVE SESSION
PURSUANT TO SECTION 2. I -3~:~4(A) OF the COde Of VIRGINIa
UNDER SUBSECTION ( I ) TO CONSIDER CANDIdaTES fOR
apPOiNtmeNt TO BOARDS AND COmMiSSiONS: and UNDER
SUBSECTION (7) TO CONSULT WITH LEGAL COUNSEL AND STAFF
REGARDING SPECIFIC LEGAL mai i ERS RELATING TO REVERSION.
05159~