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1995-11-08
F ! N ~ L NOVEMBER 8, 1995 7=00 P.M. ROOM 241, COUNTY OFFICE BUILDING 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) ii) i2) 13) 14) Call to Order. Pledge of Allegiance. Moment of Silence. Other Matters Not Listed on the Agenda from the PUBLIC. Consent Agenda (on next sheet). SP-95-29. Christopher M. Yates. For a Home Occupation-Class B for a cabinet shop on approx 2.6 ac zoned RA & EC. Located on N side of Rt 250 approx 600 ft E of Rt 744. TM80,P59B. Rivanna Dist. SP-95-30. Crozet Church of God. To establish day care center on approx 5 ac zoned RA & EC. Located in SE corner of inters of Rt 250/ 1-64. TM55,P96A. Samuel Miller Dist. ZMA-95-15. Peter Easter. To rezone 1 ac created by relocation of Rt 631 from R-2 to C-1. Located NW corner of inters of Rt 631 & Rt 780. Adjacent on 3 sds to TM76,P46H, and is remnant of TM76, P's46A(part)&54Q. Area KS recommended for Neighborhood Service in Neighborhood 5. Scottsville Dist. ZMA-95-16. commonwealth Central Real Estate Investments. TO amend Agreement 3 of ZMA-92-08 to allow pole mounted lighting. Located an SW corner of inters of Rio Rd & Berkmar Dr. Site recommended for Community Service in Neighborhood 1. TM61M, Sec 12, P'slB,1Bi,iB2,iB3,1B4,1B5,1B6&iE1. Rio Dist. ZMA-95-17~ Wendell Wood. To amend proffers of ZMA-93-06 to allow establishment of outdoor storage and display of autos on 11.3 ac zoned HC & EC. Located on W sd of Rt 29 Near Timberwood Blvd; is tocation of Maupin Store. Site recommended for Regional Service in the Community of Hollymead. TM32,P's 43&43A. Rivanna Dist. SP-95-31. Wendell Wood. To establish outdoor storage & display of autos on property described in ZMA-95-17 above. Approval of Minutes: June 7, 1995. Other Matters Not Listed on the Agenda from the BOARD. Adjourn to November 15, 1995, at 5:15 p.m., ROOM 235, COUNTY OFFICE BUILDING. CONSENT AGENDA FOR APPROVAL: Resolution requesting acceptance of certain roads in Briarwood Subdivision and a new section of Route 606 into the State Secondary System of Roads, and also requesting abandonment of a section of Old Route 606. 5.1a. Resolution requesting acceptance of roads in Rickor~ Ridge Subdivision into the State Secondary System of Roads. FOR INFORMATION: 5.2° Copy of letter dated October 26, 1995, from A. G. Tucker =o Wal=er D. Pilkey re: Route 20 North Pedestrian Traffic near the Pantops Shopping area. 5.3. Copy of minutes of the Planning Commission for October 10 and October 24, 1995. 5.4. Copy of letter dated October 31, 1995, from H. Odell Minnix, Chairman, Roanoke County Board of Supervisors re: repor~ on the Urban Partnership. 5.5. Copy of the Comprehensive Annual Financial Repor~ for the Year Ended June 30, 1995, from the Albemarle County Service Authority. David P. Bowerman Charlotte Y. Humphrls Forrest R. Marshall, 3r. COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (8041 296-5843 FAX (8041 296~5800 MEMORANDUM Martin Walter F. Perkins Sally H. Thomas TO: FROM: DATE: SUBJECT: Robert W. Tucker, Jr., County Executive Ella W. Carey, clerk~ November 13, 1995 Board Actions of November 8, 1995 The following is a list of actions taken by the Board of Supervisors at its meeting on November 8, 1995: Agenda Item No. 1. Call =o Order. Meeting was called to order at 7:00 P.M., by the vice-Chairman, Mrs. Humphris. Mr. Perkins was absent. Agenda Item No. 4. Other Matters Not Listed on the Agenda from the pUBLIC. Present was Soy Scout Troop 102 observing the meeting. Mr. Roland Stanton was also presen= =o say he feels the Board's decision on the sustainable design for the new high school was foolish and irresponsible. Item 5.1. Resolution requesting accep=ance of certain roads in Briarwood Subdivision and a new section of Route 606 into the State Secondary System of Roads, and also requesting abandonment of a section of Old Route 606. ADOPTED. Item 5.la. Resolution requesting acceptance of roads in Hickory Ridge Subdivision into the State Secondary System of Roads. ADOPTED. Agenda Item No. 6. SP-95-29. Christopher M. Yates. For a Home Occupation-Class B for a cabinet shop on approx 2.6 ac zoned RA & EC. Located on N side of Rt 250 approx 600 ft E of Rt 744. TM80,P59B. Rivanna Dist. ~PROVED SP-95-29, subject to the following conditions: 2. 3. 4. Use shall be limited =o existing garage s=ruc=ure; No employees other than family members residing on the premises; No signage shall be permitted; No outdoor activities involving power equipment nor s=orage of materials shall be permitted; and Hours of operation shall be 8:00 a.m. to 5:00' p.m., seven days a week. Printed on recycled paper Robert W. Tucker, Jr. November 13, 1995 (Page 2) Agenda Item NO. 7. SP-95-30. Croze~ Church of God. To establish day care oen~er on approx 5 ac zoned RA & EC. Located in SE corner of inters of Rt 250/I- 64. TM55,P96A. Samuel Miller Dist. REFERRED SP-95-30 back to the Planning commission to respond to a larger number of children than requested, and that the public be notified of this request. The Board was particularly concerned about the suitability of a larger center on the rural areas, its traffic impact, noise, and septic system potential. The Board does not need to know what number the septic system can be made ~o fit, but rather what would be an acceptable number nor to exceed. Agenda Item No. 8. ZMA-95-15. Peter Easter. To rezone 1 ac created by relocation of Rt 631 from R-2 to C-1. Located NW corner of inters of Rt 631 & Rt 780. Adjacent on 3 sds to TM76,P46H, and is remnan= of TM76, P's46A(part)&5- 4Q. Area is recommended for Neighborhood Service in Neighborhood 5. Scottsville Dist. APPROVED ZMA-95-15 as recommended by the Planning Commission. Agenda Item No. 9. ZMA-95-16. Commonwealth Central Real Estate Investments. To amend Agreement 3 of ZMA-92-08 =o allow pole mounted lighting. Located 'in SW corner of inters of Rio Rd & Berkmar Dr. Site recommended for community Service in Neighborhood 1. TM61M, Sec 12, P'slB,1Si,iB2,1B3,1B4,1B5, 1B6&iE1. Rio Dist. APPROVED ZMA-95-16 as recommended by the Planning Commission subjec= =o the following amendment: Ail exterior lighting shall be mounted =o the exterior of the buildings or shall be located as shown on plans titled "Berkmar Crossing Illumination Concept and Sales". Light levels shall not exceed those shown on the plan. Maximum height for free-standing lighting shall not exceed =wen=y (20) feet. Agenda Item No. 10. ZMA-95-17. Wendell Wood. To amend proffersof ZMA- 93-06 to allow establishment of outdoor s=orage and display cf au=os on 11.3 ac zoned HC & EC. Located on W sd of Rt 29 Near Timberwood Blvd; is location of Maupin Store. Site recommended for Regional Service in the Community of Hollymead. TM32,P'a 43&43A. Rivanna Dist. on DEFEP~RED ZMA-S5-17 without public hearing =o November 15, 1995. Agenda Item No. 11. SP-95-31o Wendell Wood. To establish outdoor storage display of autos on property described in ZMA-95-17 above. REFEPd~ED SP-95-31 back to the Planning Commission so that they may take some action on the request, to be returned to the Board for its meeting on November 15, 1995. Agenda Item No. 13. Other Matters Not Listed on the Agenda from the BOARD. Robert W. -Tucker, Jr. November 13, 1995 (Page 3) Mrs. Thomas mentioned a letter from the Southern Environmental Law Center and wondered why sections of our river are no= meeting the Clean Water Act. DEQ is not required to notify us. She said the Board should request that informa- tion, take action, and maybe add to its legislative agenda. I don't have a copy of the letter. Mr. Marshall mentioned the road which will be built between Avon Street and Route 20 for the new high school. He has received calls from adjacent owners who are ~sking about the width of the road, and which land will be required for that right-of-way. The development on the right as you enter this property would like to be able ~o use this road because it will be at a better intersection. Agenda Item No. 14. Adjourn to November 15, 1995, at 5:15 p.m., Room 235, County Office Building. ADJOURNED =o November 15 at 5:15 p.m. LEN/rmus Attachments (2) cc: Richard E. Huff Roxanne White Jo Riggins Bruce Woodzell Richard Wood Amelia McCulley Jan Sprinkle Larry Davzs Wayne Cilimberg File The Eoard of County Supervisors of Albemarle County, Virginia, in regular meeting on the 8th day of November, 1995, adopted the following resolution: RESOLUTION WHEREAS~ the streets in Briarwood subdivision described on the attached Additions Form SR-5(A) dated November 8, 1995, fully incorporated herein by reference, are shown on plats recorded in the Clerk's office of the Circuit Court of Albemarle County, Virginia; and WHEREAS, the Resident Engineer for the Virginia Depar~men~ of Transpor- tation has advised the Board that the streets meet the requirements estab- lished by the Subdivision Street Requirements of the Virginia Department of Transportation° NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transportation tc add the roads in Briarwood Subdivision as described on the attached Additions Form SR-5(A) dated November 8, 1995, to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestrict- ed right-of-way, as described, and any necessary easements for cu~s, fills' and drainage as described on the recorded plats; and WHEREAS, the new road serves the same citizens as served by those portions of old road identified in the project sketch ~o be abandoned, which portions no longer serve a public need. BE IT FURTHER RESOLVED, that this Board hereby abandons the portion of State Route 606 bounded within the marked right-of-way limits labeled as "EXIST SR RT 606" from the Secondary System of State Highways pursuan~ to ~33.1-155 of the Code of Virginia; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation; and Recorded vote: Moved by: Mrs. Thomas. Seconded by: Mr. Martin. Yeas: Mrs. Thomas, Mr. Martin. Nays: None Sowerman, Mrs. Mumphris, Mr. Marshall and Mr. A Copy Teste: Eltra W. Careyt clerk, C~ The Board of County Supervisors cf Albemarle County, Virginia, in regular meeting on the 8th day of November, 1995, adopted the following resolution: RESOLUTION WHEREAS, the streets in Hickory Ridge subBivision (SUB12.29) described on the attached Additions Form SR-5(A) dated November B, 1995, fully incorpo- rated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and WHEREAS, the Resident Engineer for the Virginia Department of Transpor- tation has advised the Board that the streets meet the requirements estab- lished by the Subdivision Street Requirements of the Virginia Department of Transportation° NOW~ THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transportation ro add the roads in Hickory Ridge Subdivision ~SUB 12.29) as described on the attached Additions Form SR-5(A) dated Nov---her 8, 1995, to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestrict- ed right-of-way, as described, and any Necessary easements for cu~s, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded vote: Moved by: Mrs. Thomas. Seconded by: Mro Martin. Yeas: Mrs. Thomas, Mr. Bowerman, Martin. Nays: None. Mrs. Eumphris, Mr. Marshall and A Copy Teste: Ella W. Carey, Clerk,~MC FROI4: B, 1995 1~oVember 13, 1995 DlkT~: adOpted on NoVember t~e ~o~.5~ ro~a~: r~o~ ~o ~o~°~ · ~ision. (T~iS 606 - , _r~ood SUb~a port,on of old ~oU~ ~) ~ic~orY Ridge Subdi~isi°n EWC: AttaChments ~ec,~cled paper printed on - The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 8th day of November, 1995, adopted the following RE SOLUT I ON WHEREAS, the streets in Briarwood Subdivision described on the attached Additions Form SR-5(A) dated November S, 1995, fully incorporated herein by referenue, are shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and WHEREAS, the Resident Engineer for the Virginia Department of Transpor- tation has advised the Board that the streets meet the requirements estab- lished by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transportation to add the roads in Briarwood Subdivision as described on the attached Additions Form SR-5(A) dated November 8, 1995, to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestrict- ed right-of-way, as described, and any necessary easements for cuts, fills and drainage as desc=ibed on the recorded plats; and WHEREAS, the new road serves the same citizens as served by those portions of old road identified in the project sketch to be abandoned, which portions no longer serve a public need. BE IT FURTHER RESOLVED, that this Board hereby abandons the portion of State Route 606 bounded within the marked right-of-way limits labeled as "EXIST SR RT 606" from the Secondary System ef State Highways pursuant to ~33.1-155 of the Code of Virginia; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation; and Recorded vote: Moved by: Mrs. Thomas. Seconded by: Mr. Martin. Yeas: Mrs. Thomas, Mr. Bowerman, Mrs. Martin. Nays: None Humphris, Mr~ Marshall and Mr. A Copy Teste: El~a W. Carey, Clerk, C~ COUNTY OF ALBEMARLE MEMORANDUM TO: FROM: DATE: RE: Ella Carey, Clerk, Board of Supen/isors Mark B. Henry, Civil Engineer ll November 2, ~995 Briarwood Subdivision (SUB-90-023) The Engineering Department is requesting a revision to the October 2, ~995 resolution to the above mentioned project. The Virginia Department of Transportation has required that the acceptance and the abandonment of SR 606 be simultaneous. Attached is the completed SR-5(A) form and an abandonment sketch for the resolution. which I request be taken to the Board for adoption on the November 6th meeting. To comply with VDOT's recluest, please include the following statements on the adopted resolution: BE IT FURTHER RESOLVED, this Board hereby abandons the portion of SR 606 bounded within the marked right-of-way limits labeled as "EXIST SR RT 606" from the secondary system of state highways, pursuant to §33. 1- 155 of the Code of Virginia, and WHEREAS, the new road serves the same citizens as served by those portions of old road identified in the project sketch to be abandoned, which portions no longer serve a public need, and Once the resolution has been adopted, please date and sign the SR-5(A), and provide me with the original and four (4) copies. Thanks for your assistance. Please contact me if you have eny questions. MBH/ctj Attachment The Board of County Supervisors of Albemarle County, Virgin- ia, in regular meeting on the 8th day of November, 1995, adopted the following resolution: RESOLUTION WHEREAS, the streets in Briarwood Su~division described on the attached Additions Form SR-5(A) dated November 8, 2995, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transpor- tation to add the roads in Briarwood Subdivision as described on the attached Additions Form SR-5(A) dated November 8, ~995, to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Re- quirements; and BE IT FD-RTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage as described on the recorded plats; and WHEREAS, the new road serves the same citizens as served by those portions of old road identified in the project sketch to be abandoned, which portions no longer serve a public need. BE IT FURTHER RESOLVED, that this Board hereby abandons the portion of State Route 606 bounded within the marked right-of-way limits labeled as "EXIST SR RT 606" from the Secondary System of State Highways pursuant to §33.1-155 of the Code of Virginia; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation; and Recorded vote: Moved by: Seconded by: Yeas: Nays: A Copy Teste: Ella W. Carey, Clerk, CMC The roads desoribed on Additions Form ~-5(A) are: 1) Austin Drive from Station 11+26.80, 1066 lineal feet to Station 21+93 as shown on plat recorded 9/6/83 in Deed Book 775, pages 587-590 in the office of the Clerk of the Circuit Court of Albe- marle County showing a 50 foot right-of-way, with drainage ease- ment recorded 9/26/95 in Deed Book 1494, page 136, for a total length of 0.20 mile. 2) Wren Court from Station 0+19, left edge of pavement of Austin Drive, 727 lineal feet to Station 7+45.96, left edge of pavement of Austin Drive as shown on a plat recorded 9/6/83 in Deed Book 775, pages 587-550 in the office of the Clerk of the Circuit Court of Albemarle County showing a 40 foot right-of-way with additional right-of-way recorded 12/27/90 in Deed Book 1134, pages 16-18, for a total length of 0.14 mile. 3) Relocated portion of State Route 606 from Station 3+15.79, 976 lineal feet to Station 12+92.12 with a right-of-way varying from 60 feet to 70 feet as shown on plat recorded 9/6/83 in Deed Book 775, pages 587-590, in the office of the Clerk of the Circuit Court of A~bemarle County with drainage easement recorded 9/26/95 in Deed Book 1494, page 136, for a total length of 0.18 mile, Total length - 0.52 mile. The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 8th day of November, 1995, adopted the following resolution: RE SOLUT ION WHEREAS, the streets in Hickory Ridge Subdivision (SUB12.29) described on the attached Additions Form SR-5(A) dated November 8, 1995, fully incorpo- rated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and WHEREAS, the Residenn Engineer for the Virginia Department of Transpor- tation has advised the Board that the streets meet the requirements estab- lished by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transportation =o add the roads in Hickory Ridge Subdivision (SUB 12.29) as described on the attached Additions Form SR-5(A) dated November 8, 1995, to the secondary sysnem of state highways, pursuant to ~33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED tha= the Board guarantees a clear and unrestrict- ed right-of-way, as described, and any necessary easements for cu=s, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded the Resident Engineer for the Virginia Department of Transportation. Recorded vo=e: Moved by: Mrs. Thomas. Seconded by: Mr. Martin. Yeas: Mrs. Thomas, Mr. Bowerman, Mrs. Mumphris~ Mr. Marshall and Mro Martin. Nays: None. A Copy Teste: COUNTY OF ALBEMARLE E ® MEMORANDUM TO: FROM: DATE: RE: Ella Carey, Clerk, Board of Supervisors Mark B. Henry, Civil Engineer II ~ November 3. 1995 Hickory Ridge Subdivision (SUB 12.29) The Engineering Department is requesting a revision to the April 20, 1994 resolution to the above mentioned project. All of the roads serving the above referenced subdivision are substantially complete and ready for VDO T acceptance. Attached is the completed SR-5(A) form for the resolution, which I request be taken to the Board for adoption at your next opportunity. Once the resolutions have been adopted, please date and s¢gn the SR-5(A), and provide me with the original and four copies. Thanks for your assistance. Please contact me if you have any questions. MBH/ctj Attachment The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 8th day of November, 1995, adopted the following resolution: RESOLUTION WHEREAS, the streets in Hickory Ridge Subdivision (SUB12o29) described on the attached Additions Form SR-5(A) dated November 8, 1995, fully incorpo- rated herein by reference, are show~ on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and WHEREAS, the Resident Engineer for the Virginia Department of Transpor- tation has advised the Board that the streens meet the requirements estab- lished by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transportation to add the roads in ~ickoz~ Ridge Subdivision (SUB 12.29) as described on the attached Additions Form SR-5(A) dated November 8, 1995, to the secondary system of state highways, pursuant to ~33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and SE IT FURTHER RESOLVED that the Board guarantees a clear and unrestrict- ed right-of-way, as described, and any necessary easements for cuts, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded vote: Moved by: Seconded by: Nays: A Copy Teste: Ella W. Carey, Clerk, CMC The roads described on Additions Form SR-5(A) are: 1) Shagbark Lane from Station 10+10, left edge of pavement on State Route 665, 1802.62 lineal feet to Station 28+12.62, rear edge of cul-de-sac, with a 50 foot right-of-way as shown on plat recorded 11/30/88 in Deed Book 1025, pages 60-70 in the Office of the Clerk of the Circuit Court of Albemarle County, with additional plats recorded in Deed Book 1458, page 21, On 3/8/95, and Deed Book 1499, page 69, on 10/20/95, for a length of 0.34 mile. 2) Edgeham Court from Station 10+10, left edge of pavement on State Route 665, 230 lineal feet no Station 12+40, rear edge of ~ul-de- sac, with a 50 foot right-of-way as shown on plat recorded 11/30/88 in Deed Book 1025, pages 60-70 in the Office of the Clerk of the Circuit Court of Albemarle County, with additional plat recorded in Deed Book 1499, page 69, On 10/20/95, for a length of 0.04 mile. 3) Mockernut Lane from Station 10+10, left edge of pavement on State Route 665, 2171.43 lineal feet to Station 31+81.43, rear edge of cul-de-sac, with a 50 foot right-of-way as shown on plat recorded 11/30/88 in Deed Book 1025, pages 60-70 in the Office of the Clerk of the Circuit Court of Albemarle County, with additional plats recorded in Deed Book 1382, pages 370-372, 2/10/94, Deed Book 1392, pages 207-209, 3/25/94, and Deed Book 1499, page 69, on 10/20/95, for a length of 0.41 mile. 4) Warley Road from Station 10+10, left edge of pavement on Shagbark Lane, 1001.49 lineal feet to Station 20+11.49, rear edge of cul- de-sac, with a 50 foot right-of-way as shown on plat recorded 11/30/88 in Deed Book 1025, pages 60-70 in the Office of the Clerk of the Circuit Court of Albemarle CounTy, with additional plat recorded in Deed Book 1499, page 69, on 10/20/95, for a length of 0.19 mile. 5) Clacton Circle from Station 10+10, left edge of pavemenn on Mockernut Lane, 751.34 lineal feet to Station 17+61o34, rear edge of cul-de-sac, with a 50 foot right-of-way as shown on plat recorded 11/30/88 in Deed Book 1025, pages 60-70 in the Office of the Clerk of the Circuit Court of Albemarle County, with addition- ~1 plats recorded in Deed Book 1499, page 69, on 10/20/95, and Deed Book 1500, page 239, on 10/27/95 for a length of 0.14 mile. Total mileage - 1.13 miles. The roads described on Additions Form SR-5[A) are: 1) 2) Shagbark Lane from Station 10+10, left edge of pavement on State Route 665, 1802.62 lineal feet to Station 28+12.62, rear edge of cul-de-sac, with a 50 foot right-of-way as shown on plat recorded 11/30/88 in Deed Book 1025, pages 60-70 in the Office of the Clerk of the Circuit Court of Albemarle County, with additional plats recorded in Deed Book 1458, page 21, on 3/8/95, and Deed Book 1499, page 69, on 10/20/95, for a length of 0.34 mile. Edgeham Court from Station 10+10, left edge of pavement on State Route 665, 230 lineal feet ~o Station 12+40, rear edge of cul-de- sac, with a 50 foot right-of-way as shown on plat recorded 11/30/88 in Deed Book 1025, pages 60-70 in the Office of the Clerk of the Circuit Court of Albemarle County, with additional plat recorded in Deed Book 1499, page 69, on 10/20/95, for a length of 0.04 mile. 3) Mockernut Lane from Station 10+10, left edge of pavement on State Route 665, 2171.43 lineal feet ~o Station 31+81.43, rear edge of cul-de-sac, with a 50 foot right-of-way as shown on plat recorded 11/30/88 in Deed Book 1025, pages 60-70 in the Office of the Clerk of the Circuit Court of Albemarle County, with additional plats recorded in Deed Book 1382, pages 370-372, 2/10/94, Deed Book 1392, pages 207-209, 3/25/94, and Deed Book 1499, page 69, on 10/20/95, for a length of 0.41 mile. 4) Warley Road from Station 10+10, left edge of pavement on Shagbark Lane, 1001.49 lineal feet to Station 20+11.49, rear edge of cul- de-sac, with a 50 foot ri~ht-of-way as shown on plat recorded 11/30/88 in Deed Book 1025, pages 60-70 in the Office of the Clerk of the Circuit Court of Albemarle County, with additional plat recorded in Deed Book 1499, page 69, on 10/20/95, for a length of 0.19 mile. 5) Clacton Circle from Station 10+10, left edge of pavement on Mockernut Lane, 751.34 lineal feet to Station 17+61.34, rear edge of cul-de-sac, with a 50 foot right-of-way as shown on plat recorded 11/30/88 in Deed Book 1025, pages 60-70 in the Office of the Clerk of the Circuit Court of Albemarle County, with addition- al plats recorded in Deed Book 1499, page 69, on 10/20/95, and Deed Book 1500, page 239, on 10/27/95 for a length of 0.14 mile. Total mileage - 1.13 miles. October 26, 1995 Route 20, Albemarle County Mr. Walter D. Pilkey Departmenn of Mechanical Engmneermng University of Virgmnma Charlottesville, VA 22903 Dear Mr. Pilkey: This is in reference ro your letter dated October 20, 1995, regarding psdestrian nraffic along Route 20 north, near the Pantops Shopuing area. We agree that the needs you describe are valid ones. However, many such needs as this ex~st throughout the counmy. Funding mo conssruc5 sidewalks in this area ms m~de availabl~ .by placing ~hi~-~grk~as a priority project on the County's primary smx year plan. Another optmon would be to consnruct,sidewalk cutsid? the rmght of way ~long Route 20, provided that a pufficieht c~ear zone for vehicular traffic is maintained. This option would be the responsibility of others: the 2ounty, the Wilton Farms developer Dr any other interested concerned party. A third option is 5o consmrucm sidewalk within exmsting right of way if available , maintaining clear zones· A permit would be necessary for this work ~o be done by other than the Department. Our current mowing policy requires that priority attention be given to safety concerns for vehicular traffic sight distance , particularly sznce pedestrian traffic is not formally promoted nor accommodated under the existing conditions minimal shoulders, steep slopes, no formal constructed pathway). By COpy of this letter, ! am fcrwardipg your request 5o the County Board of Supervmsors. Planning and Engineering Departments. Thank you for your concern regarding highway safety. If you are interested in discussmng this macner further, please contact this office. Sincerely, A. G. Tucker AgT'smk MS~ ~11~ Carey, ~ler~, Albemarle BQard of Supervisors_w/attachment ~r, 'V.~Wayne Cil~mberg w/gt%~ch~en~ . ~ · Ms. Jo Higgins w/attachment ~r R. H. Connock w/attachment OCT 2 ~ 1995 O~,~,'~-.~ 'T~VILL'~. 'Department ofMech~c~ En~e~g U~v~ of~ Ch~lou~e, VA 22903 October 20, 1995 Aagela Tucker Resident Engineer Virginia Department of Transportation P.O. Box 2102 Charlottesville, Virginia 22902 Dear Ms. Tucker: This is to alert you to a problem area in the county. The housing development Wi/ton Farms, which is located on highway 20 North, is about a half mile ~om the Pantops Shopping Center. Frequently, residents ofthis development walk to the shopping center. They walk along a stretch of road with high-speed traffic, with no sidewalk. The shoulder is of limited width, slopes rapidly, and is mostly grass and weeds and is not well-maintained, e.g., not well mowed. This is a serious hazard, which could be mitigated by constructing a sidewalk along the road. hope you will be able to correct this problem. Yours sincerely, Walter D. P~key Professor & Director, Automobile Safety Laborato~ COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIa 240 18-0798 FAX [703) 772-2193 H. ODELL "FUZZY" MI NN[X. CHAIRMAN LEE E. EDDY October 31, 1995 (703) 772-2005 Albemarle County Walter F. Perkins Chairman. Board of Supervisors 401 Mclntire Road Charlottesville, VA 22902-4596 Dear cfiaii~ -' :-'I am Writing to fill '9.5 counties i/t ~ii:gin~a to]0Xpye~s th~.g0 ~n¢;erns ~o~ the Ro~no~ce . County B6ald of Supdrvis0rs about the'recent re~orf 6f the U~l~an'Parmefsliip2 Th~ ' Partnership is a coalition of many of the State's largest cities, metropolitan chambers of commerce and a few urban counties which have been meeting to discuss how best to address the issues of econormc competiveness in Virginia, and how to avoid some of the urban problems that have been occurring in other states. Roanoke County is a member of the Partnership. While many parts of the report have some merit, particularly for urban cities, some of the recommendations give us cause for concern. The report was presenmd to the Partner£nip in September, and to the Virginia Municipal League at its conference in October. The Partnership plans to present it at the VACo conference also. The Virginia Municipal League approved supporting the document, but it was not a unanimous vote. It is our understanding that once the report is finalized, it will be recommended to the General Assembly for legislative action. There are several provisions in the document which should be of concern to counties in general, but particularly to those adjacent to a city with a population under 125,000 nearby. · The major concern of the Roanoke C0unty-Bohrd of St~p~rvisors ig with a provision allowmg independent c~t~es under 125,000 populataon to become Class A cft~es, whidh would be similar to towns. These cities would be part of counties, and would have the powers 0f:t0wng, Yindliidifig the".pts~ver to annex. This is of concern not only to the County which is currently adjacent to the City, but also to any nearby counties that could be eventually annexed.: Letter to Virginia Counties October 31, 1995 Page 2 At this fane, we are working with the City of Roanoke and the Urban Partnership to address this issue. We hope that the final document will be good not just for Roanoke County, but for all Virginia Counties. The Urban Partnership will have a Board meet'rog prior to the VACo conference, and we anticipate that changes will be made in the document at that time. I write to you now asking for your help and support. This report will be brought before the VACo membership in November and all counties need to review it at that time. It will be discussed Sunday, November 12, at 1:00 p.m. at the VACo conference during the meet'rog of the general government committee, and I hope that members of your Board and staff can join us at that fane. If you have any questions about this issue, please do not hesitate to contact me or our County Administrator, Elmer Hodge, at the numbers listed above. Sincerely, Chairman, Roanoke County Board of Supervisors HOM/amg CC' Roanoke Valley General Assembly Delegation and Candidates for Office COUNTY OF ALBEMARLE Dept. ot Planning & Cornmunit9 Development 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 October 11, 1995 Christopher M. Yates ' 3910 Fitzwood Dr Keswick, VA 22947 RE: SP-95-29 Christopher M. Yates Tax Map 80, Parcel 59B Dear Mr. Yates: The Albemarle County Planning Commission, at its meeting on October 10, 1995, unan'maously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1. Use shall be limited to existing garage structure; 2. No employees other than family members residing on the premises; 3. No signage shall be permitted; 4. No outdoor activities involving power equipment nor storage of materials shall be permitted; 5. Hours of operation shall be 8:00 a.m. to 5:00 p.m., seven days a.week. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on NOVEMBER 8, 1995. Any new or additional information regarding your application must be submitted to the Clerk of the Board of ~ Supervisors at least seven days prior to your scheduled hearing date. Page 2 October 11, 1995 If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Ronald S. Keeler Chief of Planning RSK/jcw cc: ~a Carey Jo Higgins Amelia McCulley 2 STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: RONALD S. KEELER OCTOBER 10, 1995 NOVEMBER 8, 1995 SP-95-29 CHRISTOPHER M. YATES APPLICANT'S PROPOSAL: The applicant ."respectfully requests permission to operate a small cabinet shop in a detached garage to produce cabinets, crafts~ small _fia'nitm'e~repai~r, mantle pieces, similar custom projects. There will not be on-site sales of any kind. Also, I will not have any employees." PETITION: Christopher M. Yates petitions the Board of Supervisors to issue a special use permit to authorize establishment of a Home Occupation Class B [10.2.2(31 )] for a cabinet shop on approximatley 2.6 acres zoned P.A. Rural Areas and EC, Entrance Corridor Overlay District. Property, described as Tax-Map 80, Parcel 59B, is located on the north side of Rte. 250E about 600 feet east of Rte. 744 in the Rivanna Magisterial District. This site is not located in a designated Growth Area (Rural Area 2). ' CHARACTER OF THE AREA: This site is developed with a single.family dwelling and garage building. This site is located within the Fitzwood subdivision which consists of four lots, all of which have been developed with single family dwellings among other structures. RECOMMENDATION: Staff finds that this proposal substantially complies with the criteria for issuance of special use permit as outlined by §31.2.4.1 of the Zoning Ordinance. Staffrecommends approval subject to conditions. PLANNING AND ZONING HISTORy'.- The initial plat creating the four lot Fitzwood. subdivision v~as signed in November, 1983. Subsequent plats have made lot line and dedication adjustment. Fitmvood Drive has been approved as a public road. Building permit for the garage structure was issued in 1992. COMPREHENSIVE PLAN: This area is recommended as a Rural Area in the Comprehensive Plan. The plan states the following as an objective on page 203: "All decisions concerning the Rural Areas shall be made in the interest of the four major elements of the Rural Areas, with the highest priority given to preserving agricultural and forestal activities rather than encouraging residential development. The four major elements are: (1) preservation of agricultural and forestall activities; (2) water supply protection; (3) limited service delivery to the Rural Areas; and (4) conservation of natural, sceulc, and historical resources." This site is not used for agriculture and no additional development is needed to accommodate the use. This site is not located in a watersupply watershed. No increase in service demands is generated by the proposed use. The Open Space Plan does not identify any resources in this area. Due to the lack of additional development needed to accommodate this use staff is unable to idenfffy any conflicts with the Comprehensive Plan. STAFF COMMENT: Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance. The Board of Supervisors hereby reserves unto itself the right to issue all special use penmits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property. This petition is before the Planning Commission and Board of Supervisors because the garage is a detached structure. The cabinet shop would be located in the existing 900 square foot garage (the Zoning Ordinance - allows 1500 square feet). Traffic generated by this use will be minimal and no employees are proposed. The primary effect this use may have on adjoining properties is noise generated by power equipment (See attachment for specific listing of equipment). From the equipment listed, table and cimuiar saws are likely to be more intrusive given the general high pitch of such tools in operation. As a one person operation, it is unlikely that more than two tools (i.e. sander or saw · and dust collector) would operate atBny given time. The listing of tools does not vary greatly from tools found in a home shop. that the character of the district will not be changed thereby, No change in the physical appearance of the site is proposed. Therefore, no change in the character of the district is anticipated. and that such use will be in harmony with the pumose and intent of this ordinance. Staffhas reviewed the purpose and intent of the ordinance as contained in Section 1.4, 1.5 and 1.6. No conflict with the intent of the ordinance has been identified. with the uses permitted by right in the district. This use will have no/mpact on permitted use of the property and should not have adverse effect on adjoining property. with additional re_rotations provided in Section 5.0 of this ordinance Staffhas reviewed Section 5.2.2.1 which regulates Home Occupations. This request satisfies all requirements of that section. and with the public health, safety, and general welfare Approval of this request will not adversely affect the general health, safety, or welfare. SUMMARY AND RECOMMENDED ACTION: Stuff op'mion is that this proposed use is in general accord with the provisions of the Comprehensive Plan and the requffement~ of §31.2.4.1 of the Zoning Ordinance. Staff recommends approval subject to the following conditions: 1. Use shall be limited to existing garage structure; 2. No employees other than family members residing on the premises; · 3. No signage shall be permitted; 4. No outdoor activities involving power equipment nor storage of materials shall be perm~.'tted. ATTACHMENTS: A - List of Tools To Be Used B - Tax Map C - Location Map D - Plat E - VDOT Comments A:\SP9529.RPT October 3, 1995 3 79 ALBEMARLE 64 COUNTY .I CHRISTOPHER M. YATES ?0 [A'~I'AC I.:II~IENT B1 =~. -= .... RIVANNA DtSTRIGT SECT[ON 80 MTN U i ATTACHMENT C I ~ EARLYSVILLE O~ CHARLOTTES- . VILLE I785 .SP~95-29 CHRISTOPHER M. YATES · " TTACHM D, .i age:: J COUNTY PLANNING COMMISSION CHAt RM/~I~ /1_'7-J>$ DATE BOARD OF SUPERVISORS DESIGNATED II - DATE OWNERS APPROVAL THIS SUBDIVISION IS MADE WITH THE CONSENT OF THE UNDER SIGNED OWNERS, PROPRIETORS. AND/OR TRUSTEES. AL~- ROADS AND STREETS. IF NOT PREVIOUSLY DEDICATED, ARE HEREBY TENDERED FOR DEDICATION TO PUBLIC USE. ~ , ~ .,~.STATE OF VIRGINIA ' I.f)~z~,-' ..~'-~. ~ ;V.~L~n~'y_,A NO~R~PUBLI~ FOR THE STATE/AFORESA D, DO CERT FY ~HAT~ ~ ~ ~ ~ BEARING DATE OF~ ~ 19~/ HAVE ACKNOWL- EDGED THE SAME BEFORE ME IN STATE FORESAID. THERE IS A M/N/MUM 30,000 S.F BU/L DINE TOTAL ~R~A /0¢~c ~ / ~0 ~ ~ ~ J ~ ~ xx / J Local/on Map ~ ~ . , ~ 5~17-3 ia) 655 LO CA TED NEAR SHAD WE. LL R I V~NNA M%1 Gl $ T£RIA L DI$ TRICT ~ P~tOFESSIONAL CO~PO[~AtION CERTIFIED LAND SU~EYORS ALBEMARLE COUNT~ VA. C~orlottes~He~ Vi~mJo 6~00 DAVID R. GEHR COMMISSIONER ATTACHMENT E RECEIVED SEP 2. t 1995 P!znning Dept. COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 2013 CHARLOTFESViLLE. 22902-2013 A. G. TUCKER RESIDEN¥ ENGINEER September 20, 1995 Submittals for October Public Hear lng~ Mr. Ron Keeler Dept. of Planning a Community Development County Office Bldg. 401 McIntire Road Charlottesville, VA. 22902 Dear Mr. Keeler: Listed below are our comments for October Public Hearings: SP~95-27 University Real Estate Foundation, Route 601 It is our u/lderstanding that the existing b~ilding is to be used for 3,500 square feet of office space. This roughly estimates a usage of 110+/- vehicle trips per day. This would be approximately 60 VPD more than is allowed under currenu zoning· The additional traffic does not seem to significantly impact Route 601, although this .section oi road is nou geometricall, y compatible for the current daily traffic of 43004/- VPH (1994 T.C.). Route 601 ls currently difficult to access from the east or wesu intersections. The 1994 traffic count was approximately 10 percent less than the 1992 T. C., which may be the result of changes made au the west end of Route 601 and the ramp from Route 250. Traffic counts would possibly fluctuate from day uo day, so the addition of 60 VPD beyond the existing zoning is not significant. There should be limitation for additional trips beyond this number for future development until Route 601 is improved or another access is allowed. SP-95-29 Christophe= M. Yates, Route 250 E This should not have any significant impact to infrastructure of tocat~roads. Sight distance is adequate and private driveway is paved. TRANSPORTATION FOR THE 21ST CENTURY COUNTY OF ALBEMARLE Dept. ot Planning & Community Development 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 October 27, 1995 Crozet Church of God ATTN: Leslie A. Rowsey, Pastor 5964 St. George Avenue Crozet, VA 22932 RE: SP-95-30 Crozet Church of God Tax. Map 55, Parcel 96A Dear Mr. Rowsey: The Albemarle County Planning Commission, ar its meeting on October 24, 1995, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1, Administrative approval of site plan; Seating capacity to be determined by adequacy of septic system, not to exceed a maximum seating of 250 persons; 3. Approval is for worship and related church use and day care only. Other uses will require amendment to this permit; 4. Day care enrollment to be determined by adequacy Of septic system, not to exceed 20 children; 5. Compliance w/th Section 5.1.6: 5.1.6 DAY CARE, NURSERY FACILITY a. No such use shall operate without licensure by the Virginia Department of Welfare as a child care center,r It-shall be the restyonsibility of the owner/operator to transmit to the zoning administrator a copy of the original license and all renewals thereafter and to notify the zoning administrator of any license expiration, suspension, or revocation within Page 2 October 27, 1995 three (3) days of such event. Failure to do so shall be deemed wilful non- compliance with the provisions of this ordinance; Periodic inspection of the premises shall be made by the Albemarle County Fire Official at his discretion. Failure to promptly admit the Fire Official for such inspection shall be deemed wilful non-compliance with the provisions of this ordinance; These.provisions are supplementary and nothing stated herein shall be deemed to preclude application of the requirements of the Virginia Department of Welfare, Virginia Department of Health, Virgihia State Fire Marshal, or any other local, state or federal agency; 6. Annual results of choloform tests to be submitted to Health Depamnent. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on NOVEMBER 8 1995. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Ronald S. Keeler Chief of Planning RSK/jcw cc: V~ettie E. Neher Amelia McCuiley Jo Higgins October 11, 1995 COUNTY OF ALBEMARLE Dept. of Plannin~ & Community Development 401 Mclntire Road Charlottestdlle, Virginia 22902-4596 (804) 2%~5823 Crozet Church of God ATTN: Leslie A. Rowsey, Pastor 5864 St. George Avenue Crozet, VA 22932 RE: SP-95-30 Crozet Church of God Dear Mr. Rowsey: The Albemarle County Planning Commission, at its meeting on October 10, 1995, unmtimously defarred the above-noted petition to its October 24, 1995 meeting. This petition was deferred in order to allow time for more information on the following issues to be submitted: -Septic capacity or limitations; -Water demands (compared to a single family dwelling); -Rules of State Deparanent of Welfare which might impact the number of children allowed (based on square footage of structure); -Are there any regulations which will require periodic testing of well water; -Verification that Virginia Department of Transportation is, or is not, responsible for maintenance of sight easement; and, -Whal is the church's "break-even" point for number of children? If you should have any questions or comments regarding the above noted, action, please do not hesitate to contact me. Sincerely, Ronald S. Keeler Chief of Planning cRcS: EI~.l~;arey STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: RONALD S. KEELER OCTOBER 10, 1995 NOVEMBER 8, 1995 SP-95-30 CROZET CHURCH OF GOD APPLICANT'S PROPOSAL/JUSTIFICATION: The applicant has stated that: The Crozet Church of God requests pbrmission to relocate the "Sunshine Child Care Center," [currently in the existing church in Crozet] to our new facility, currently under construction, located on Rte. 824 [at the 1-64 interchange at Yancey Mills]. The selling of our church building in which the Sunshine Child Care Center is located will force us to either relocate or close the center. Sunshine Child Care Center has provided a much needed service to many families since begimfing 8-10 years ago. If we are forced to close, we believe it will create a hardship on the 20-30 families we are currently serving. It would require them to find another care giver, probably at a higher cost since our fees are lower than average; It would require them to lose time from work in order to locate, apply for and register with a new care giver. PETITION: The Crozet Church of God petitions the Board of Supervisors to ~ssue special use permit to allow establishment of a day care center [10.2.2(7)] on +5 acres zoned RA, Rural Ares and EC, Entrance Corridor Overlay District. Property, described as Tax Map 55, Parcel 96A, is located in the southeast quadrant of the 1-64/Rte. 250W interchange near Yancey Mills in the Samuel Miller Magisterial District. A church is currently under construction on this site. The site is not within a designated growth area (Rural Area 3). CHARACTER OF THE AREA: The church building, under construction, is visible Rom Rte. 250W (an EC corridor) and may be partially visible from 1-64 (an EC corridor) during winter months. Any new signs or other improvements requiring either building permit or site plan amendment will require ARB approval. A dwelling is directly adjacent to the north. A Virginia Department of Transportation maintenance shed/site is located at the end of Rte. 824. RECOMMENDATION: Staff has reviewed this petition for compliance with the provisions of 31.2.4.1 of the Zoning Ordinance, the Comprehensive Plan, and context of prior approvals and recommends approval with conditions. PLANNING AND ZONING HISTORY: Five special use permits have previously been approved for the Crozet Church of God on this site. A brief history and discussion follow: June 18, 1986 - The Board of Supervisors approved SP-86-26. This special use permit was for reapproval of previous permits which had expired. At that time, the Board granted staff administrative approval of the site plan. June 10, 1992 - The Board of Supervisors approved SP-92~20 authorizing a 250- shat church. No request was made for day care. NOTE: Condition #3 of SP-92- 20 states that: Approval is for worship and related church use only. Day care or other such uses will require an amendment to this permit." COMPREHEI~SIVE PLAN: This site is located in the rural areas (Rural Area 3) and is approximately 1.25 miles from the community of Crozet. STAFF COMMENT: On two prior occasions ( 1986, 1989) day care for up to 60 children was approved by special use permit for this site. Currently, about 20-25 children aged 2/12 years and above are enrolled in the program which also provides a pre-kindergarten educational program. Hours of operation are reflective of parental work hours - 6:30 a.m. to 6:00 p.m. Staff opinion is that certain uses such as day care, nursery school, churches, and private schools should be encouraged as serving the moral and social fiber of the community. In such reviews, staff comment is limited to physical impact issues. Virginia Department of Transportation (VDOT) has recommended reclearing of vegetation to ensure adequate, sight distance at the entrance. (This should be done whether or not this petition is approved, prior to issuance of certificate of occupancy for the church itself). The Inspections Department has stated that the number of children served may affect building code classification. The septic system was not sized to accommodate day care (i.e. - continuous usage) and upgrade may be necessary. These issues can be addressed by appropriate conditions of approval. SUMMARY AND RECOMMENDED ACTION: Staff opinion is that, with the exception of coustmction ora dwelling on adjoining property, no significant change of circumstance has occurred to warrant disapproval of day care at this location. The church has indicated than an enrollment of 60 children is unlikely, however, no lesser capacity has been proposed. Based on Health Department permit issued with County building permit and proposed hours of operation, 60 children may be excessive. However, the appropriate number can be determined by the Health Department as will be required by condition of approval. 2 Staff recommends approval of SP-95-30, an amendment'of SP-92-20, with the following conditions: 1. Administrative approval of site plan; Seating capacity to be determined by adequacy of septic system, not to exceed a maximum seating of 250 persons; Approval is for worship and related church use and day care only. Other uses wili require amendment to this permit;. Day care enrollment to be determined by adequacy of septic system, not to exceed 60 ch.'ldren; 5. Compliance with Section 5.1.6: 5.1.6 DAY CARE, NURSERY FACILITY No such use shall operate without liceusure by the Virginia Department of Welfare as a child care center. It shall be the responsibility of the owner/operator to transmit to the zoning administrator a copy of the original license and all renewals thereafter and to notify the zoning administrator of any license expiration, suspension, or revocation within three (3) days of such event. Failure to do so shall be deemed wilful non- compliance with the provisions of this ordinance; Periodic inspection of the premises shall be made by the Albemarle County Fire Official at'his discretion. Fa/lure to promptly admit the Fire Official for such inspection shall be deemed wilful non-compliance with the provisions of this ordinance; These provisions are supplementary and nothing stated he, rim shall be deemed tO preclude application of the requirements of the Virginia Department of Welfare, Virginia Department of Health, Virginia State Fire Marshal, or any other local, state or federal agency. ATTACHMENTS: A - Tax Map B - Location Map C - VDOT Comment A:~SP9530.RPT October 3, 1995 SP-95-30 CROZET CHURCH OF GOD SECTION 55 SECTION 71 '%¸ 6 / o SP:-95-30 CROZET CHURCH OF GOD TOM C~STLE ROCK 80AZ o \ TO RT 29 I .~TTACH I~IENT '~-~ Mr. Ron Kee~er October Public Hearings Page 2 September 20, 1995 SP-95-30,Croset Church of God, Route 824 This location was recently improved tinder a site plan and permit for daylighting sight distance to new entrance, The area of sight line to the east is hampered by several new locusts that have grown since 9fading was done. The trees should be cut and stumps sprayed to keep locusts from coming back. SP-95-31 Wendell Wood, Route 29 N. The two existing entrances do not meet sight distance requirements as they currently exist. We recommend that only on9 entrance be allowed with turn and taper lane provided. The existing lot is 7"-8" below the grade of Route 29 SBL, causing the insufficient sight distance. The sight distance requirement can be met if grade is raised. My outdoor storage should ncc impede sight distance 6r be placed on VDOT right of way. SP-95-32 Tiger Fuel Company, Route 250 E. Access only through McDonalds site from Route 20. One entrance is recommended off of Route 250. Internal movements should be designed to meet proposed entrances with minimum disruption, ZMA- 95 UREE See SP-95-27, Route 601. ZMA-95-14 Ivy Creek ETAL, Route 677 Proposal co rezone from PRD to rural areas should lessen impact on local roads. Peter Easter, Route 631 All access should be to old Route 631 connection where the current business exists. AS a minimum the new connection ma~ be allowed along the western boundary of the proper~y, COUNTY OF_ALBEMARLE Dept. of Plarming & Community Development 401 Mclntire Road Charlottesville, Vkgiaia 22902-4596 (804) g96-$823 October 27, 1995 Peter Easter 630 Country Green .Lane Charlottesville, VA 22902 RE: ZMA-95-15 Peter Easter Tax Map 76, Parcels 46A (remnant) and 54Q (remnant) Dear Mr. Easter: The Albemarle County Planning Commission, at its meeting on October 24, 1995, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting of'November 8, 1995. If you have any questions or comments, please do not hesitate to contact me. Sincerely, Ronald S. Keeler ~ Chief of Planning RSK/jcw ~ Lettie E. Neher Amelia McCulley Jo Higgins COUNTY OF ALBEMARLE Dept, of Plannin~ & CommunitF Development 401 Mclntim Road Charlottesville, Virginia 22902-4596 (804) 296-5823 October 11, 1995 Peter Easter 630 Country Green Lane Charlottesville, VA 22902 RE: ZMA-95-15 Peter Easter Dear Mr. Easter: - the Albemarle County Planning Commission, at its meeting on October 10, 1995 deferred the above~noted petition to its October 24 meeting. This petition was deferred due to a notification error. If you have any questions, please do not hesitate to contact me. Sincerely, Ronald S. Keeler Chief of Planning RSK/jcw ~ Ella Carey STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPEKVISORS: RONALD S. KEELER OCTOBER 10, 1995 (DEFERRED TO OCTOBER24, 1995) NOVEMBER 8, t995 ZMA-95-15 PETER EASTER Applicant's Proposal: The applicant proposes to purchase residue acreage from Virginia Department of Transportation (VDOT) created by the Rte. 631 realignment/improvement project. The applicant's property is currently zoned C-l, Commercial and Entrance Corridor (EC) and the VDOT residue acreage is zoned R-2, Residential and EC. The applicant states that: "I have had my business on one acre of C~l land for 9 years. When VDOT installed thc four-lane divided highway to one side of my property and built two-lane roads to the rear and other side of my land, a U-shaped parcel of land completely surrounded my land. I am purchasing this parcel form VDOT and am asking for the lC-l] zoning to make the zoning consistent with the land where my office is located. I would like to be able to expand in future years. Petition: Peter Easter petitions the Board of Supervisors to rezone one (1) acre (43,647 square feet) from R-2, Residential and EC to C-l, Commercial and EC. Property, described as Tax Map 76, Parcels 46A (renmant) and 54Q (renmant), is situated on the southwest side ofrelocated Rte. 780 and on the northwest side of relocated Rte. 631 in the Urban Area Neighborhood in the Scottsv'flle Magisterial District. Character of the Area: The existing C-1 property was developed with a convenience store in the 1970's and has been in office usage for the past 9 years. The property requested for rezoning is vacant and wooded. Two dwellings are located across old Rte. 631. Comprehensive Plan: This property is recommended by the (existing and proposed) Comprehensive Plan for Neighborhood service. No critical resources are identified by the Open Space Plan. STAFF COMMENT: The R-2 property proposed for C-1 zoningand the current C-1 land are sun'ounded on all four sides by roadway (Three new roads and old Rte. 631). Due to the narrow U-shaped configuration &the R-2 land it is not well-suited to an R-2 designation. While the property may have bnildable area, site constraints (without variance) wonid dictate small dwellings served by public water and sewer. Rezoning the R-2 land would allow it to be utilized consistent with adjoining zoning and would allow increased usage of the existing C- 1 zoned land sirlce commercial-to-residential setbacks would no longer apply. However, bounded by four roads, a 10' parking and 30' building setback would be required on all four sides. The site is higher than new Rte. 631. New development must comply with EC Entrance Corridor regulations. VDOT has recommended that all access be restricted to old Rte. 631. SUMMARY AND RECOMMENDED ACTION: The requested C-1 zoning is consistent with the (existing and proposed) Land Use Plan of the Comprehensive Plan. Roadways separate and isolate the property on all sides f~om residential land. The property surrounds existing C~I property. Given these circumstances together with . development constraints due to peculiar shape and configuration, C-1 zoning in staff otYmion is more appropriate than R-2 zoning. Staff, therefore, recommends approval. ATTACHMENTS: A - Tax Map B - Location Map C - Letter fi.om E. T. Landis, Jr D - VDOT Comment A:~ZMA9515.RPT October 3, 1995 ALBEMARLE COUNTY 75 CITY '\ ZMA-95-15 PETER EASTER SAMUEL MILL ER, SCOTTSVILLE AND JACK JOUETT DISTRICTS SECTION 76 MTN 0 u EARL~YSVILLE ZMA-95-15 PETER EASTER 3 DAVID R. GEHR COMMONWEALTH of VIRC INIA DEPARTMENT OF TRANSPORTATION 1601 -ORANGE ROAD CULPEPER 22701-3819 ~_ATTACHMENT C1 ( DONALD R. ASKEW DISTRICT ADMINISTRATOR July 13, 1995' Route 631 Project 0631-002-224, Albemarle County C-502 RIGHT OF WAY - Proposed Conveyance of Residue Parcel Former property of James F. Sprouse, parcel 005, and Southeast Limited Partnership, parcel 004 Easter Associates, Incorporated 630 Country Green Lane Charlottesville, Virginia 22902 ATTENTION: Mr. Peter Easter Dear Mr. Easter: In reference to our phone conversation on July 13, 1995, you will find enclosed an adjacent landowner's affidavit. It would be appreciated if you would complete this form and return it to me at your convenience. As soon as I receive this back, I will proceed to take the necessary steps to have the deed prepared for conveyance of the subject area'. Also, it would be appreciated if you could advise me how you would like to have the property titled for the deed. Thank you for your time and if I can -be of further assistance, please do not hesitate to contact me. ETL,jr/kly Sincerely, E. T. Landis, Jr. Transportation R/W Agent Senior Virginia Dept. of Transportation 1601 Orange Road Culpeper, Virginia 22701-38.19 Phone (703)829-7696 Attachment TRANSPORTATION FOR THE 21 ST CENTURY IATTACHMENT'Ci 'Page 1 ADJACENT LANDOWNER'S AFFIDAVIT Route 631 Project 0631-002-224, County of Albemarle C-502 Brief description of Virginia Department of Transportation's residue/easement: Being as shown on plan sheets 5 and 5B of the plans for Route 631, Project 0631-002-224, C-502, and lying on the southwest (left) side of Relocated Route 780, the southeast (left) side of Connection "D", the northeast (left) side of connection "E", and the northwest (left) side of present Route 631. Subject residue contains feet of land, more or less, and is adjacent sides of land now owned by Peter Easter. is/are the owner(s) of record of the land adjacent to the said residue parcel/easement. My/Our property, lying adjacent to the said residue property, is subject to the following deeds of trust: (Please list each deed of trust, including the names .of the trustees, date, and recording information in the spaces provided below). Trus=ees' Name Date Deed Page Book ~4TTACHHEI~ D~ Mr. Ron Keeler October Public Hearings Page 2 September 1995 SP-95-30 Crozet Church of God, Route 824 This location was recently improved under a site plan and permit for daylighting sight distance to new entrance. The area of sight line to the east is hampered by several new locusts that have grown since grading was done. The trees should be cut and stumps sprayed co keep locusts from coming back. SP-95-3~ Wendell Wood, Route 29 N. The cwo existing entrances do not meet sight distance requirements as they currently exist. We recommend that only on9 entrance be allowed with turn and caper lane provided. The existing lot is 7"-8" below the grade of Route 29 SBL, causing the insufficient sight distance. The sight distance requirement can be met if grade is raised. Any outdoor storage should not impede sight distance or be placed on VDOT right of way. SP-95-32 Tiger Fuel Company, Route 250 E. Access only through McDonalds site from Route 20. One entrance is recommended off of Route 250. Internal movements should be designed to meet proposed entrances with minimum disruption. ZMA- 95 UREF See SP-95-27, Route 601 ZMA-95-14 Ivy Creek ETAL, Route 677 Proposal co rezone from PRD co rural areas should lessen impact on local roads. Z~A-95-15 Peter Easter Route 631 All access should be to old Route 631 conneculon where the current business exists, As a minimum the new connection may be allowed along the western boundary of the property. Cr~v.I Dr. Land Reta~ne{f By V]D©T October 11, 1995 COUNTY OF ALBEMARLE Dept. of Planning & Community Developmen~ 401 Mclntire Road Charlottesville. Virginia 22902-4596 (804) 296-5823 Jeffrey G. Dreyfus 609 East Market St.~ Suite 202 · Charlottesville, VA 22902 RE: ZMA-95-16 Commonwealth Central Investments Tax Map 61M, Section 12, Parcels lB, lB1, lB2, lB3, lB4, lBS, lB6, and 1El Dear Mr. Dreyfus: The Albemarle County Plmming Commission, at its meeting on October 10, 1995, ananimsouly recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following mnendment: All exterior lighting shall be face mounted to the exterior of the buildings or shall be located as shown on plans titled 'Berkmar Crossing Illumination Concept and Sales'. Light levels shall not exceed those shown on the plan. Maximum height for free standing lighting shall not exceed 20 feet. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on NOVEMBER'& 1995. Any new or additional information regarding y, our application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerelx, William D. Fritz Senior Planner WDF/jcw cc: x.Ella/~a Carey Amelia McCulley Jo Higgins Commonwealth Central Real Est Inv STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: WILLIAM D. FRITZ OCTOBER 1§, 1995 NOVEMBER 8, 1995 ZMA-95-16 COMMONWEALTH CENTRAL INVESTMENT Applicant's Proposal: The applicant is proposing to locate lights in the development' which will be pole mounted. This action requires a mod'lficatiun of the previous agreements for the development which limits the location of the lighting. Attachment C contains information addressing the location and nature of the ligl~fmg. Staffhas received letters requesting approval of the proposed lighting from individuals who operate and use the businesses in this development. Those comments are included as Attachment D. Petition: Commonwealth Central Investment petitions the Board of Supervisors to amend agreement three of ZMA 92-08 to allow for pole mounted fighting. Property, described as Tax Map 61M, Section 12, Parcels lB, lB1, lB2, lB3, lB4, lB5, lB6, and lEI, is located in the southwest comer of the intersection of Rio Road and Berkmar Drive in the Rio Magisterial . District. This is the site of Berkmar Cross'rog. This site is recommended for Community Service ha Neighborhood 1. Character of the Area: This site is the location of the Berkmar Crossing Development. Approximately half of the potential development has been constructed and is occupied by various commercial uses. The Berkeley subdivision is adjacent to this site. RECOMMENDATION: Staff has reviewed this request for compliance with the Zoning Ordinance and past actions on this site and recommends approval Planning and Zoning History: Various site plans and subdivisions have been approved for this site resulting in the existing development. The rezon'mg for this site, ZMA 92-08, which establish'rog the existing zoning was approved on June 10, 1992. Comprehensive Plan: This area is recommended for Community Service use. The Comprehensive Plan contains no additional comments addressing the nature Of this request. ' STAFF COMMENT: The agreement which is proposed for amendment states: "All exterior lighting shall be face mounted to the exterior of the buildings". The intent of this agreement is to minimize the potential impact of the lighting for this development on the adjacent residential property. The proposed lighting schedule is intended to provide for lighting which provides a more secure environment than currently exists for the development while limiting the impact on the adjacent residential property, The applicant has met with staff in an effort to provide lighting which minimiTes glare and is consistent with the "dark sky" lighting supported by the observatory, The Design Planne~ has been involved in the efforts of the County to maintain a "dark sky" for the observatory and has provided comments which are attached. Stuff opinion is that the proposed lighting is consistent with the County's "dark sky" efforts. The proposed location of the lighting and design of the lighting will have minimal impact on the adjacent residential properties and will allow for a more secure environment in the commercial - area, This is consistent with the intent of the ordinance as stated in Section 1.4. by improving the public safety of this site due to the improved lighting provided. The proposed lighting structures are approximately 20 feet in height. This will place the top of the light structures slightly below the elevation of the residential units in Berkeley. As the lights will be at a lower elevation than the residential units and the bulbs for the lights will be recessed into the light fixtures minimal impact on the residential properties is anticipated. SUMMARY AND RECOMMENDED ACTION: The original intent of the agreement was to insure that lighting used in the commercial development would not adversely impact the residential development. Staff opinion is that the proposed amendment to allow pole mounted lighting is consistent with the intent of the original agreement. Staffis able to support the amendment of existing agreement three with the following language: All exterior lighting shall be face mounted to the exterior of the buildings or shall be located as shown on plans titled 'Berkmar Crossing Illumination Concept and Sales'. Light levels shall not exceed those shown on the plan. Maximum height for free standing lighting aha|! not exceed 20 feet. ATTACHMENTS: A - Location Map B - Tax Map C - Lighting Plan D - Lettm-s in support of the request A:~ZMA9516.RPT October 2, 1995 L~ ' CHARi 01 ! [: S VII i I: ALBEMARLE ~ COMMONWEALTH CEI~fRAL INVESTMENTS COUNTY' [ATTACHMENT ~ / tc Q BERKMAR CENTER DB 589 Pg 229 SECTION 61-M-U Arm-Mounted Rectilinear Cutoff Lighting ORDERING SEQUENCE CATALOG NUMBER DIST, VOLTAGE Type II Roadway ~ R2 O 120 Type III Asymmetric ~ R3 ~1 208 TypeIVF~aard:lhrow ~ R4 r~ 240 ~ 277 Q 347 Q 480 0 T8~ Ordering MOONTINOlshieeedWithfixluve! ~,' OasiS, Square Pole {4' arm}(standard) r~ BP04z Square Pole (9' arm} O SPO9 Round Pole (4' arm) '~ Round Pole (9" arm) :2 RP0g Wood Pole or Wail [9' arm) '~ WW09 Wall Bracket '~ WB09 Mounting Bracket ~ · MB OPTIONAL MOUNTING (shipped separately) DegreeArm IPolel :2 DA12P Degree Arm (Wool POE or Walt) ~ DA12W Mast Arm Adaoler m KMA Twin Mounting Bar :2 KTMB CANADIAN SHIPMENTS Add CSA as suffix to catalog number. (120. 277. 347V only) MTG. OPTIONS Shipped Installed In Fixture 53 SF Single Fuse (12g.277.347V) e/a TO Q DF Douffie Fuse (208.240.480V) n/a TB Q PER NEMATwist-LockReceptacleonly inn photocontrol) :2 ORB Quartz Restfike System(150W max) (lamp not included) '~ ED Emergency Circuit '~ CB Cotrusion-moistast Finish Architectural Colors (powder finish) :2 DDB Dark Bronze (standard) ~ ORB Dark Bronze II ~3 OMB Medium Bronze OWN White OBL Slack DNA Natural Aiom~um CBS SandStone DGC ChsrcoalGrey :2 OTG Tennis Green DBA Bright Red DSO Steel BiDe Shipped Separately~ ~ PE1 NEMATwist-LockPE(120.20S.240V) :2 PE3 NEMATwist-LockPE(347V) :2 PE4 NEMATWIsl-LockPE148gV) '~ PET NEMATwist-LockPE(277V) :2 KIVG VandaIGuard :2 SC Shorting CaD For PER Option :2 KIR$ House Side Shield iR3 & R4 only) S~'ANDARD DIMENSIONS EPA 1.6It? (.tTm z~ (includes arml Length 23-1/4' (5g,lcml l Width 16-3/16' (41.1cm} Depth 7-1/4' (18.4cm) Weight 34.51bs (15.6kg} A~m 4' (/0.2cra} NOTES: (120.208,24D,277VL ~ The SP0~ AP09 or WW09 must be used when (2) or more luminaires are oriented on a go° drilling pattern. ~ May be ordered au accessory. ACCESSORIES (Field installed-order as separale line item) 'Tenon Mounting SBpfiffer is ordered as seoarate line item, Must use AP04. APO9 [90° orientation} or DA12P with the fixture. 1fixtures 2'ilxtares 2fixtures~ 3fixtures 3fixture~ 4fixtures~ Tenon Size at 1 B0° at g0° at 120° at g0° at g0° 2-3/8'0D T~0-190 1'20-280 T20-290 '[20-320 T20-3SO T20-490 2-7/8' OD T25-190 T25-280 T25-290 T25-320 T2S-390 T25-4g0 4' OD T~5-100 T35-280 T35-2g0 T35'320 T3S-39e T35-490 Example: (Line 1) KSF1 ZSOM R~ 120 RPOg 'Line 21 T20-290 ~P',~ £1THONIA I ATTACHMENT Fixture T;~=: KSF1 METAL HALIDE 250W 15' to 25' Mounting SPECIFICATIONS HOUSING - Rugged rectilinear shape..063' thick, lightweight aiuminum housing, Afl seams are continuously welded for weather-tight seal and integrity. Dark Bronze (DOB) TGIC polyester powder finish is standard. Other ~owder architectural colors available. I00RFRAME - Natural anodized extruded aluminum door frame with mitered comers is retal~ed with (2) ,f88' diamaler hinge pins and secured with (11 quarter-turn. Quick release fastener. The wcatheroroof seal between the housing and door frame ts accomplished with an integrafly designed, extruded silicone gasket which snaos into the door frame, LENS - The lens is .125' thick impast-reststanl tempered gtass with a thermally applied, silk screened power door shield. MOUNTING - Extruded 4' aluminum arm for poe or walt mounting sh[pped in fixture carton. Ootional mountings available, OPTICS - Anodized hydroformed aluminum retisctors which uroduca consistent quality, performance and lamp llfe. Three cutoff distributions available: Type II (Roadway) Type Ill (Asymmetric} Typo IV (Forward Throw) ELECTRICAL SYSTEM - Constant-wettage auto- transformer bailact [-20°F starting). Bagast is copper wound and 100% fsCto~ tested. Removable power door and positive locking disconnect plug. LISTING - UL 1572 listed for wet locations. CSA certified, SOCKET - Porcelain. horizontal position- oriented mogul base socket with copper alloy nickel-plated screw shell and center contact. UL listed 1500W - 600V. 5/93 KSF1 M2 .I REME Mr. William Fritz Senior Planner County of Albemarle Dept. of Planning & Commercial Dev. 401 Ridge-Mclntire Rd Charlottesville. VA 22902 RECEIVED Dep' Dear Mr. Fritz: As a business owner at Berkmar Crossing, I am writing to encourage you to approve additional lighting within our shopping center. My business, Extreme Sports, routinely has customers test riding bicycles in the parking lot before they decide to buy. After the end of daylight savings, I have significant concerns about the safety of customers test riding bikes around dusk without proper lighting in the area. Further, security is a real concern for our customers and employees. I urge you to approve the lighting requests for Berkmar Crossing. .~"~Thank you for consideration. rely, ~raig A. ~riffin, President// cc:George Ray, CCI CRADDOCK INSURANCE SERVICES,i NC. Charlottesville, VA 22901-1464 (804) 978-7555 MR WILLIAM FRITZ SENIOR PLANNER COUNTY OF ALBEMARLE DEPT. OF PLANNI~G & COMM. DEVE. 401 RIDGE-MCINTIRE ROAD CHARLOTTESVILLE~ VA. 22902 RE: PROPER LIGHTING FOR SAFETY & SECURITY AT "BERKMAR CROSSING" g 1995 THE CONCERN OF PROPER LIGHTING FOR SAFETY AND SECURITY IS A MAJOR CONCERN FOR THE OWNERS AND TENANTS OF "BERKMAR CROSSING." WE HAVE QUITE A NUMBER OF EMPLOYEES AND CLIENTS THAT WE HAVE A REAL CONCERN FOR THAT MAY FREQUENT THE OFFICES AND SHOPES AFTER DARK, WITH DAYLIGHT SAVING TIME COMING TO A CLOSE THE END OF OCTOBER BK1NGS THE CONCERN TO IMMEDIATE ATTENTION! PLEASE PLACE THIS ON YOUR TOP PRIORITY LIST. THANK YOU, C. HERBERT CRADDOCK, PRESIDENT CC: GEORGE W. RAY, CCI An independent Agent Representing ERIE INSURANCE GROUP To prowde our Policyholders with as near perfect protection, as near perfect service as is humanly possible, and to do so at the lowest possible cost." UNITED 'STATES DEPARTMENT OF AGRICULTURE Consolidated Farm Service Agency Albemarle/Greene CFSA County 04~ioe 695 BerKmar Court - Suite 1 Charlottesville, Virginia 22901-1406 Telephone - 804-975-0047 September 5, 1995 Mro. William Fritz S~nior Planner County o4 Albemarle Department o4 Planning and Community 401Ridge-McIntire Road Charlottesville, Va. 22902 Development Dear Mr. Fritz, It has come to our at±enrich that the Albemarle Planning Commission · will consider a request 4rom Commonwealth Central Real Estate Investments, Inc. CCCI) to install pole-mounted street lights along the interior streets and parking lots at BerKmar Crossings. On bahai4 o~ the USDA agencies and the Thomas Je~4erson Soil and Water Conservation Distric± located at 695 BerKmar Court, we want to go on record in support o4 CCI's request. We are very concerned about the absence o4 adequate lighting on the streets and parking lots in regards to both sa4ety and security. Employees o4ten have out o4 town meetings and must return to the o44ice a4ter normal o~fice hours. The dark streets and parking lots present a security risk 4or both person and property. On July 5, 1995, the windows were smashed in two vehicles located in the parking ici adjacent to our building. The repair bill was $l,470.97. It is evident that people who engage in destroying personal property have identi4ied Ber'Kmar Crossing as a piece where they can ply their trade with little reason to fear detection. Your favorable consideration of the request to install street lights along the interior streets and the parking lots of BerKmar Crossing will be appreciated. "' Sincerely, Thomas M. Eddins Acting County Executive Director Albemarle/Greene CFSA O~4ice cc: George W. Ray, CCI NationsBanc Mortg.~ Corporation Berkmar Crossings 699 Berkm~r Court Charlottesville- VA 22901-1435 NafionsBank September 5, 1995 Tel 804 977-2294 Yax 804 977q2177 1995 Mr. Wifliam Fritz Senior Planner County of Albemarle Department of Pianning and Community Development 401 Ridge-McIntire Road Charlottesville, Va. 22902 Dear Mr. Fritz: It is my understanding that the issue of whether pole-mounted street lights along the interior street and parking lots of Berkmar Crossings should be allowed will be before the Albemarle Planning Commission on October 10, 1995. I for one would like to emphatically state that more lighting is very necessary from a safety and security standpoint. My office has been located in Berkmar Crossing since April 1, 1994 and we have found the exterior lighting very inadequate especially during the winter months. Most of the people in my office work long hours frequently not leaving until eight to nine in the evening when it is very dark except during the summer hours. It is most disconcerting at 8:00 pm leaving this building, being the only one in the area and not being able to tell whether someone in lurking around in the dark. Due to the safety issue we haVe written numerous letters to our landlord requesting lighting in the parking lot. 1 am concerned not only for myself but for the other employees in my office who find it necessary to be in this location until late in the evening. I certainly.hope you will take this'opportunity to assist us in feeling as well as being safe while working in Albemarle County. (~cerely, ~/o~ce M. Scuffham . LV~ice President and Manager subsidiary of NationsBar~k Corporanon Registered Professional Reporters Members: Nafionat Court Reporters ASsociation Virginia Court Reporters Association Exclusivst~/Stenotype IN-HOUSE VIDEO · ASCII DISKS - MEDICAL/TECHNICAL o REAL-TIME EXPERTS DAILY COPY ° EXPEDITED DELIVERY · 1 O-DAY STANDARD DELIVERY SEPTEMBER 14, 1995 RECEIVED JoPJta B. Meyer, RMR ~ri L. W~ht Offic~e~ ~ger MR. WILLIAM FRITZ SENIOR PLANNER COUNTY OF ALBEMARLE DEPT. OF PLANNING & COMM. DEVE. 401RIDGE-MCINTIRE ROAD CHARLOTTESVILLE, VA 22902 IN RE: PROPER LIGHTING FOR sAFETY .& SECURITY AT "BERKMAR CROSSING" SINCE DAYLIGHT SAVINGS TIME IS COMING UPON US SOON, WE ARE CONCERNED ABOUT THE SAFETY OF OUR EMPLOYEES WHO MAY BE COMING TO OR LEAVING OUR OFFICE AFTER DARK. PROPER LIGHTING FOR SAFETY OF OUR EMPLOYEES AND OTHERS USING THE "BERKMAR CROSSING" FACILITY ISOF GREAT IMPORTANCE TO US. PLEASE GIVE THIS YOUR IMMEDIATE ATTENTION. WE APPRECIATE YOUR TIME AND COOPERATION.- SARAH M; HYATT ADMINISTRATIVE ASSISTANT CC: GEORGE W; RAY, CCI PLEARE DIRECT ALL CORRESPONDENCE TO CORPORATE HEADQUARTERS: Berkmar Crossing UNITED STATES DEPARTMENT OF AGRICULTURE Agricultural Stabilization And Conservation Service Albemarle County ASCS O~ice 695 Bet&mar Court - Suite 1 Charlotteaville, Virginia 2290i July 1, 1994 Robert T. Smith Commonwealth Central Real Estate 2004 Morton Drive, Suite A Charlottesville, Va~ 22901 Investments, Inc.. Dear Mr. Smith, I am writing this letter on behal~ o~ the USDA agencies (ASCS, FmHA, & SCS) occupying o~ice space at 695 Berkmar Court. Several employees have expressed a concern about the absence o~ security lighting on the exterior o~ the building or the street adJacen~ to our office space, This issue is of particular concern during the winter months when employees are working late or are returning late from out of town mee~ings. We would appreciate your e~forts ~o correct this situation as soon possible. ~, If you have any questions, please call me at 975-0047. Sincerely, Thomas M. Eddins County Executive Director Albemarle County ASCS O~tce RECEIVED Planning Dept. Sept'e~ber 15, 1995 Mr. William Fritz Senior Planner COUNTY OF ALBEMARLE Depar~men~ of Planning and Community Development 401 Ridge-McIntire Road Charlottesville, VA 22902 RE: Berkmar Crossing Dear Mr. Fritz: As a tenant at Berkmar Crossing the issue of lighting for safety and security is a major concern. As a fitness studio the majority of the clients at Body ReForm are women. Their safety and security in l~aving my studio and returning ~o their cars is as much a concern to me as their fitness programs. Winter is fast approaching and the days are already noticeably shorter. Twice a week Body ReForm closes at 10:00 PM -- later than any other business at Berkmar Crossing. I urge you to suppor~ the petition to install pole-mounted street lights along the interior streets and parking lots at Berkmar Crossing. Thank you for your attention 5o this request. Please do not hesitate =o con=ac~ me if I can provide you with any information that would assist you in your decision. Sincerel~ 'President Body ReForm, Inc. cs cc: George W. Ray, CCI Jeff Dreyfus Berkmar Crossing · 673 Berkmar Circle · Charlottesville, x/~ginia 22901 ~ 804.975.3676 'NATIONWIDE INSURANCE Nationwide is on your side September 14, 1995 RECEIVED ,S£P t 5 Planning Dept. Mr. William Fritz Senior Planner County of Albemarle Dept. of Planning & Comm. 401 Ridge-McIntire Road Charlottesville, VA 22902 Deve. RE: PROPER LIGHTING FOR SAFETY & SECURITY AT "BERKMAR CROSSING" The lack of proper lighting for our streets and parking area have the owners and tenants very concerned at "Berkmar Crossing." With daylight saving time ending in October, most of our offices and shops will be open until after dark. This 'causes great concern for our employees and clients. Please place this on your top priority list. Lar~y W. Dud~ing cc: George W. Ray, CCI RECEIVED LEBO COMMERCIAL PROPERTIES, INC; ! 5 1995 675 Berkmar Circle · Berkmar Crossing · Charlottesville, VA 22901 · Office: 804/973-1977 · Fax~ 804/974.4575 Plenning Dept. September 14, 1995 Mr. Will/am Fritz Planning Depamnent County of Albemarle 401 Mclntire Road Charlottesville, V/rginia 22902 Re: Lighting, parldng lots-Berkmar Crossing Dear Bill, A number of us who are working at Berkmar Crossing have been discussing the need for parking lot lighting here. Since I am here late at night quite often I, too, am for lighting and urge you'to consider it at your earliest convenience. I beheve it would provide a much safer condition for all. Thank you. - Sincerely, Charles T. Lebo PrintSoume PRINTING >COPYINGI~ DESKTOP DESIGN RECEIVED SEp 2. i P! nn!ng Dept. September 15, 1995 Mr. William Fritz Senior Planner County of Albemarle Dept. of Planning & Commercial Development 401 Rige-McIntire Road Charlottesville, Virginia 22902 Re: Street Lighting As a tenant in Berkmar Crossing, we are writing to request immediate action for street lighting. This area is continually growing with new businesses, and it is appropriate that lighting for automobile and pedestrian traffic be installed to insure optimum sa£ety and security. As printers, we often find the need to work in the evening. The only lighting we have is on our building, leaving~the streets and parking lot very dark. It is only a matter of time when security will become an urgent issue. Please give Berkmar Crossing mediate attention. Sincerely, Kurt Vettor President Nancy Vetter Vice President cc: Mr. George Ray, CCI Mr. Ludwig Kuttner BERKMAR CROSSING · 693 BERKMAR CIRCLE · CHARLOTrESVILLE. VA 22901 · 804/975-3000 · FAX 804/975.3001 NationsBanc Mot! ~ Corporatio~ Berkmar Crossings 699 Berkmar C~urt Chnrlott~sville. VA 22901-1435 Tel 804 977-2294 Fax 804 977-2177 NafionsBank April 22, 1994 Mr. George Ray Commonwealth Central Real Estate Investments, 2004 Morton Drive, Suite 4 Charlottesville, Va. 22901 Dear George: This letter is to let you ~now about the concern I have regarding the lack of outside lighting available for those of us who frequently work long hours. When we leave the building late at night the lights on the front porch of the building do not illuminate the parking area. Not only is it difficult to see the car clearly it is impossible to see if anyone is lurking around in the parking area. Currently I have a female who cleans our-~office and she has also complained about the dark parking lot. While the daylight is lasting late into the evening at the present time, when late sum~er and fall arrive I know it will be dark by the time we leave the office and I am requesting that something be done by the end of su.u,er regarding the lack of lighting available to the parking areas as I feel that it iS a dangerous situation and am concerned about the safety of the people who work in my office. Please let me know what will' be done to correct the problem. ice President and Manager USA A subsidiary of NatlonsBank Corporation NafionsBane Mortgage Corporation Berkmar C~oss~ngs 699 Berkm~r Com~ Charlottesv~e_ VA 22901-1435 NafionsBank Tel 8O4 977-2294 Fox 804 977~2177 RECEIVE Planning DeF: September 25, 1995 Mr. W'flliam Fritz Senior Planner County of AIbemarle Dept. ofPlannlng & Corem Deve. 401 Ridge-M¢lntire Road Charlottesville, Va. 22902 Re: Proper lighting for safety Dear Mr. Fritz: I have been a tenant for a year and a half and I am concerned for the safety of our stafl~ clients and other tenants of Berkmar Crossings. Frequently I have lef[ the building after dark and have felt uncomfortable doing so due to the darkness of the parking areas. Please consider the safety of the tenants in the request of C,C.I. for additional lighting. Account Executive Cc: George Ray, C.C.I. USA Official Soonsor 1994/1996 'A subsidiary of Na~/onsBank Cc]nporation STATE AND LOCAL GOVERNMENT CONFLICT OF INTERESTS ACT ]~qANSACTIONAL DISCLOSURE STATEMENT for Officers and Employees of Local Government [Section 2.1-639.14 (E) ] 2. 3. 4. 5. Nature of personal Interest Affected by Transaction: 6. I declare that: I am disqualifying myself from participating in this transaction and request that this fact be recorded in the appropriate public records for a period of five years. Dated: Signature COUNTY OF ALBEMARLE De;t. of Planning & Community Developmem 401 Mclntire Road Charlottesville. Virginia 22902-4~96 (804) 296-5823 November 8, 1995 River Heights Associates Wendell W. Wood P.O. Box 5548 Charlottesville, VA 22905 RE: ZMA-95-17 & SP-95-31 River Heights Associates Tax Map 32, Parcels 43 and 43A Dear Mr. Wood: The Albemarle Cotmty Planning Commission, at its meeting on November 7, 1995, by a vote of 4-3, recommended denial of the above-noted petition to the Board of Supervisors. Please note that the Board of Supervisors will review this petition and receive public comment at their NOVEMBER 8, 1995 meeting. If you have any questions, please do not hesitate to contact me. Sincerely, William D.Fritz Senior Planner WDF~cf cc: Ella Carey Jo Higgins Amelia McCulley November 8, 1995 .COUNTY OF ALBEMARLE. Dept, of Planning & C~mn~unity Development 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 United Land Corporation ATTN: Wendell Wood P. O. Box 5548 Charlottesville, VA 22905 RE: SP-95-3 t River Heights Associates Dear Mr. Wood: The Albemarle County Planning Commission, at its meeting on November 7, 1995, took no action on the above-noted request. If you have any questions, please do not hesitate to contact me. Sincerely, William D. Fritz Senior Planner WDF/jcw Ella Carey October 31, 1995 COUNTY OF ALBEMARLE 401 Mclnfim Road Charloltesv~, Virsinia 22~2-4596 (804) 296-58~ River Heights Associates Wendell W. Wood P. O. Box 5548 Charlottesville, VA 22905 RE: ZMA-95-17 & SP-95-31 River Heights Associates Tax Map 32, Parcels 43 and 43A Dear Mr. Wood: The Albemarle County Planning Commission, at its meeting on October 24, 1995, by a vote of 5:0:1, deferred the above-noted petitions to its November 7, 1995 meeting. If you should have any questions, please do not hesitate to contact me. Sincerely, William D. Fritz Senior Planner WDF~cf Joseph S. Lombardo Jo Higg ns Amelia McCulley Lettie E. Neher STAFF PERSON: · PLANNING COMMISSION: BOARD OF SUPERVISORS: WILLIAM D. FRITZ OCTOBER 24, 1995 NOVEMBER 13, 1995 ZMA 95-17 AND SP 95-31 RIVER HEIGHTS ASSOCIATES APPLICANT'S PROPOSAL: The applicant is proposing to amend the existing proffers and obtain a special use permit in order to use the site for the sale of autos. PETITION: ZMA-95-t7 - Petition to amend the proffers of ZMA-93-06 to allow establishment of outdoor storage and display of autos on 11.3 acres, zoned HC, Highway Commercial and EC, Entrance Corridor Overlay District. Property, described as Tax Map 32, Parcels 43 and 43A, is located on the west side of Route 29 near Timber~ood Blvd. In the Rivanna Magisterial District. This site is recommended for Regional Service in the Community of Hollymead. SP-95-31 - Petition to establish outdoor storage and display of autos on 11.3 acres, zoned HC, Highway Commercial and EC, Entrance Corridor Overlay District [30.6.3.2b]. Property, described as Tax Map 32, Parcels 43 and 43A, is located on the west side of Route 29 near . Timberwood Blvd. In the R.ivanna Magisterial District. This site is recommended for Regional Service in the Community of Hollymead. CHARACTER OF THE AREA: This site is the location of the old Maupin Store/Pine Grove Store. The site contains a small store building, gas pumps and parking area. RECOMMENDATION: Staff has reviewed the proposed amendment to the proffers and recommends denial. Staff has reviewed the special use permit for compliance with the provisions of Section 31.2.4.1 of the Zoning Ordinance and, ifZMA 95-17 is approved, assuming approval of the revised proffer and recommends approval. PLANNING AND ZONING HISTORY: This site was rezoned subject to proffers on July 13, 1993 (ZMA-93-06). A special use permit (SP-93-14) was approved at the same time. The rezoning contained several proffers, one of which states: "The mobile home sales lot use will be limited to mobile home sales and existing grocery store and gasoline sales". The special use permit which was approved authorized the sale of mobile homes within the entrance corridor district. This special use permit contains one condition which stated "The inventory shall include mobile homes which meet the noise attenuatign~standards of ZMA-92-14". 3. COMPREHENSIVE PLAN: A Comprehensive Plan Amendment was approved in 1992 which designated this area as Regional Service. Inthe previous staff report for this site (ZMA-92-14 and SP-93-14) staff stated the following: The Comprehensive Plan Amendment calls for an overall plan to be approved prior to development of the commercial area. Also, the commercial area development is intended to occur after development of the minimum 100 mobile home sites. Therefore, on its face, the sales area development is inconsistent with the Comprehensive Plan, However, the sales area use is directly related to the mobile home park development and therefore is considered appropriate for development prior to an overall plan of development of the rest of the area. Any further development or change in use in the regional service area would require a development plan. Staff opinion is thal the current proposal for this site is not in keeping with th~ statements of the Plan. No overall plan for development of the commercial area has been provided. Furthermore, and that the previously existing relationship which allowed approval of commercial use of the site no longer exists. STAFF COMMENT: Staff has reviewed the special use permit to provide analysis and recommendation should the Board approve the rezoning request. The proposed use, auto sales, is by special use permit due only to its location in the EC district. Therefore, staff comment is limited to the impact of the use on the EC district. Staff will address each provision of Section 31.2.4.t of the Zoning Ordinance. The Board of Supervisors hereby reserves unto itself the rieht to issue all special me permits permitted hereunder. Special use permits for uses as _m'ovided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to ad_iacent property_, Staff has not focused on the impact on adjacent property as this use is by special use permit only due to the EC district. However, impact on adjacent property is anticipated to be limited due to the existing commercial development of the property and the designation of the area for commercial use in the Comprehensive Plan. that the character of the district will not be changed thereby~ Impact on the character of the district is addressed by the Archite~ctural Review Board (ARB). The ARB has reviewed this request and recommended approval subject to conditions. Those conditions are reflected in the conditions of approval for the special use permit. 2 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. Staff relies on the ARB to provide an analysis of the appropriateness of the use and based on the comments of the ARB staff opinion is that this use is/is not in harmony with the purpose and intent of the EC district. with the uses permitted bv 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 no additional recommendations. and with the public health, safety and ~eneral welfare. This use will have no impact on public health, safety or general welfare. SUMMARY AND RECOMMENDED ACTION: Staff opinion is that the proposed amendment of the proffer is inconsistent with the Comprehensive Plan and previous actions on this property and therefore staffrecommends denial of ZMA-95-17. Should the Board choose to approve this request staff recommends acceptance of the applicant's revised proffer. Staff and the ARB have reviewed SP-95-31 should the rezoning be approved. Based on the actions of the ARB staff is able to recommend approval of SP-95-31 subject to the following conditions: RECOMMENDED CONDITIONS OF APPROVAL. 1. Remove existing signage from the site; 2. Consmact a berm topped with screening trees between the entrance corridor on the southern most part of the parking area. The parking in this area shall be screened from the entrance corridor; ARB approval of landscape location, sizes and species type. Trees are to be large street trees (3 ½" caliper); 4. No elevated vehicle display; o 10. The lighting shall be directed down onto the site with the source of the light shielded from view from the entrance con'idor; No attention getting devices shall be attached to any vehicle or structure on the site. This shall prohibit the use of balloons, spinners, streamers and the like; A certificate of appropriateness shall be required prior to approval of the site plan; Lighting of the site shall be limited to between the hours of 10 am and 9pm; Remove the gas pumps from the current location. Reestablishment of the gas pumps shall permitted subject to site plan approval and approval by the ARB; Vehicle sales and display shall be limited to the parking area shown on Attachment D. ATTACHMENTS: A - Location Map B - Tax Map C - Applicant's proffers D - Sketch Plan A:\SP9531 .RPT October 17. 1995 FOX MOUNTAIN 7 ZMA. 95-17 WENDELL Wo WOOD ~,'1~ t [. Dale: 9/27/95 PROFFER FORM ZMA# 93-06 Tax Map Parcel(s)# II~TTACHMEN'i~--C I Original Proffer Amended Proffer x (Amendment # ]- .) 32-43 & 43A Acres to be rezoned from to Pursuant to Section 33.3 of the Albemarle County Zon ng Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the properly, if rezoned. These conditions are p,rgffered.as a part of the requested rezoning and it is agreed lhat: (1) lhe rezoning itself gi,~es, rise {o tl~e need for the condili0ns; and (2) such conditions have a reasonable relation to the rezoning requested. (1) The mobile home sales lot use will be limited to mobile home sales, used automobile sales and existing grocery store and gasoline sales. River Heights Associates Printed Names of All Owners Date. OR Signalure of AUorney-imFact (Atlach Proper Power of Atlamey) Printed Name of Attorney-in-Fact PROFFORM WPl~ Rev. December 1994 IATTACHMEI~T C I J~ly 22, 1993 COUNTY OF ALBEMARLE Dept, of Planning & Community Development 401 Mclntire Road Charlottesville, Virginia 22902-4596 (8O4) 296-5823 United Land Corporation ATTN: Wendell Wood P. O. Box 5548 Charlottesville,~VA 22905 RE: ZMA-93-06 United Land Corporation Dear Mr. Woodf The Albemarle County Board of Supervisors, at its meeting on July 14, 1993, approved the above-noted request to rezone 7.9 acres from Rural Area to Highway Commercial (proffered), property located on the west side of Rte. 29 approximately 600 feet south of Timberwood Blvd. The site is located in a designated growth area (Community of Hollymead) and is recommended for regional service in the Comprehensive Plan. Please note that this approval is subject to the following proffers: The mobile home sales lot use will be limited to mobile home sales and eXisting grocery store and gasoline sales. The mobil~ home sales lot entrance will be closed or altered if required by the future plan of development ~for the. re- maining area designated office and regional service in the Comprehensive Plan. The frontage on Route 29 containing Tax Map 32, Parcels 43A, 43, 42E, 42D, 42B, 42C, 42A and Tax Map 46, Parcel 5 shall contain not more than three entrances. The County may require closure of any existing entrances at the time of establishment of any new entrances such that the total number of entrances does not-exceed three. United Land Corporation Page 2 July 22, 1993 The site plan for the mobile home sales lot will not be signed until the site plan for a minimum of 100 mobile home un.its is signed. An access road between the mobile home sales area and mobile home park shall be developed at the time of establishment of the mobile home sales use. This access road shall be used only for the movement of mobile homes between the two uses and for emergency access. If you should have any questions or comments regarding the above- noted action, please do not hesitate to contact me~ Sincerely, V. Wa~mb~ Director of Plannln &~munity VWC/j cw Development Cc: Amelia McCulley Jo Higgins Tom Muncaster COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville. Virginia 22902-4596 (804! 296-5843 FAX (804) 296-5800 MEMORANDUM Charles S Martin Walter F. Perkins Sally H. Thomas TO= FROM= DATE= SUBJECT= BOARD OF SUPERVISORS LETTIE E. NEHER, CMC, NOVEMBER 3, 1995 CHIEF DEPUTY CLERK.~U READING LIST FOR NOVEMBER 8, 1995 June 7, 1995 - Page 36 (~18) to End - Mr. Martin LEN/mms Printed on recycled paper