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HomeMy WebLinkAbout1995-06-28FINAL 7:00 P.M. June 28, 1995 Room 241, County Office Building 1) Call to Order. 2) Pledge of Allegiance. 3) Moment of Silence. 4) Other Matters Not Listed on the Agenda from the PUBLIC. 5) Consent Agenda (on next sheet). 6) Appeal: SDP-94-067. Virginia Oil Minor Site Plan Amendment. Proposal to locate a ~1150 sq ft car wash bldg on approx 1.25 ac znd PD-MC & EC. Property on SE corner of Rolkin Court and Rt 250 E inters. TM78,P73A. Rivanna Dist. 7) ZMA-95-02. H & H Partnership. Public Hearing on a request to rezone approx 1.88 acs from R-2 to MC. Property in SW corner of Rt 631/I- 64 inters. TM76,P55B. Site recommended for Community Service in Neighborhood 5 in Comprehensive Plan. Scottsville Dist. 8) ZMA-95-03. H & H Partnership. Public Hearing on a reques~ to rezone approx 2.163 acs from R-2 uo HO. Properuy in SW corner of Rt 631/I- 64 inters. TM76,P55D. Site recommended for Community Service in Neighborhood 5 in Comprehensive Plan. Scottsville Dist. 9} ZTA-95-02. University Real Estate Foundation. Public Hearing on a request to amend the Zoning Ordinance in Sections 29.2.5 and 29.2.6 ~o create a Category III with by-right & special use permit uses in the Planned Development-Industrial Park (PD-IP) category. 10) SP-95-06. Robert Couch, Jr. Public Hearing on a request to permit expansion of existing antique shop & outdoor display of m~rchandise on approx 1.2 ac zoned RA & HC located on N sd of Rt 250E approx 0.5 mi E of entrance to Glenmore dvlp. TM79A1,Sec C,P'sl0&ll. Rivanna Dist. 11} SP-95-07. Institute of Textile Technology. Public Hearing on a requesc for school of special instruction on approx 12.5 ac zoned CO & EC located on Rt 250W. Property is sits of ITT. TM60,P28, Samuel Miller Dist. 12) SP-95-12. Keswick Corporation & Laura Yergan. Public Hearing on a request for division of land as provided in Sec 10.5 to allow 30 more lots than the total number permitted under Sec 10.3.1 and Sec 10.3.2 on approx 535 acs zoned R~ & EC Overlay Dist. Development shall be in accord with proposal plan. Property is location of the Keswick Country Club development~ TM80,PsS,SC, SC1,SD2,SD3,SD6,SJ, 8Z,21A, 27,29,31,41,41A,43,60,60A, 61,61A1,62,69,70,70A,90,93,94,95, 96,97,98,100,106,109A & TM94,P42A. Rivanna Dist. 13) Discussion: Jefferson-Madison Regional Library FY 1995-96 Budget Request. 14) Approval of Minutes: April 7, 1993; December 14, 1994; March 1 and May 10, 1995. 15) Other Matters Not Listed on the Agenda from the BOARD. 16) Adjourn. CONSENT A~ENDA FOR APPROVAL: 5.1 Authorize Chairman To sign service agreement with Crozet Volunteer Fire Department, Inc., advancing $95,000 uo purchase a new pumper. 5.2 Appropriations: a) Summer School Pro,am and National Council of Teachers of Mathematics Grant - $7~414.08, (Form #940070). b) Circuit Court - $5710, (Form#S40071). c) CFW, Inc., Royalty Payment - $5541, (Form #940072). d) Educational Technology Grant - $583,127, (Frm #950001). FOR INFORMATION: 5.3 Copy of letter dated June 15, 1995, from C. Richard Cranwell, Cranwell & Moore, uo W. Clyde Gouldman, II, City Attorney, and copy of letter dated June 20, 1995, from W. Clyde Gouldman, II, City Attorney, to C. Richard Cranwell, Cranwell & Moore, re: ~own reversion. 5.4 Copy of Albemarle County Service Authority's operating budget for fiscal year beginning July 1, 1995. 5.5 Copy of minutes of the Board of Directors of the Albemarle County Service Authority for April 20, 1995. 5.6 Cop~es of Planning Commission minutes for May 23, June 6 and June 13, 1995. David P. Bowerman Charlotte Y, HumDhris Forrest R. Marshall. Jr. COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclnfire Road Charlottesville, Virginia 22902-4596 (804 296-5843 FAX (804) 296-5800 Charles S Martin Walter F Perkins Sally H. Thomas MEMORANDUM TO: Robert W. Tucker, Jr., County Executive V. Wayne Cilimberg, Director, Planning & Community Development FROM: Ella W. Carey, Clerk~~-~ DATE: June 29, 1995 SUBJECT: Board Actions of June 28, 1995 The following is a list of actions taken by the Board of Supervisors at its meeting on June 28, 1995: Agenda Item NO. 1. Call to Order. Called to order at 7:05 p.m. Agenda Item No. 4. Other Matters Not Listed on the Agenda from the pUBLIC. Mr. Charles Hatstead, repres~_nting the Montesori Community Schoolj requested the Board to accelerate the site plan amendment process with the planning department in preparation of a modular classroom for the fall season. He also requested that ZMA-82-3, Dennis Ownby and Charles Kincannon limited expansion to entrance facilities, be rescinded. A~thorize staff to advertise the Montesori Community School's request for August 2, 1995. Agenda Item No. 5.1. Authorize Chairman to sign service agreemen5 with Crozet Volunteer Fire Department, I~c., advancing $95,000 to purchase a new pumper. Approved as presented. Copy forwarded to Finance (copy attached). Agenda Item No. 5.2a. Summer School Program and National Council of Teachers of Mathematics Grant - $7414.08, (Form ~940070). Approved as presented. Original forwarded to Finance (copy attached). Agenda Item No. 5.2b. Circuit Court - $5710, (Form #940071). Approved as presented. Original forwarded to Finance (copy attached). Agenda Item No. 5.2c. CFW, #940072). Approved as presented. attached). Inc.. Royalty Payment - $5541, (Form Original forwarded to Finance (copy Printed on recycled paper To: Robert W. Tucker, Jr. V. Wayne Cilimberg Date: June 29, 1995 Page: 2 Agenda Item No. 5.2d. Educational Technology Grant - $583,127, ~950001)~ Approved as presented. Original forwarded to Finance (copy attached). (Form Agenda Item No. 5.3. Copy of letter dated June 15, 1995, from C. Richard Cranwell, Cranwell & Moore, to W. Clyde Gouldman, II, City Attorney, and copy of letter dated June 20, 1995, from W. Clyde Gouldman, II, City Attorney, to C. Richard Cranwell, Cranwell & Moore, re: town reversion. Mrs. Thomas asked that a joint meeting be scheduled, as soon as possi- bls, with the Board and City Council to discuss town reversion and its implications on the corm%unity. She asked what paperwork needed uo be done before such a meeting could take place. Mr. Tucker said that council is supposed to meet, possibly this week, on this issue and to discuss some of the material in Mr. Gouldman's letter. He said City staff is preparing various documents for review, but he has not seen anything as yet. Agenda Item No~ 6. Appeal: SDP-94-067. Virginia Oil Minor Site Plan Amendment. Proposal to locate a ±1150 sq ft car wash bldg on approx 1.25 ac znd PD-MC & EC. Property on SE corner of Rolkin Court and Rt 250 E inters. TM78,P73A. Rivanna Dist. Deferred, with applicant's consent, to July 19, 1995, to work out an agreeable compromise. Planning, Engineering, Legal, Virginia Land Corporation, Virginia Department of Transportation and the applicant will work together. Agenda Item No. 7. ZMA-95-02. B & H Partnership. Public Hearing on'a request to rezone approx 1.88 acs from R-2 to HC. Property in SW corner of Rt 631/I-64 inters. TM76.P55B. Site recommended for Community Service in Neighborhood 5 in Comprehensive Plan. Scottsville Dist. Deferred to July 12, 1995, per applicant's request. Agenda Item No. 8. ZMA-95-03. E & H Partnership. Public Hearing on a request to rezone approx 2.163 acs from R-2 to HC Property in SW corner of Rt 631/I-64 inters. TM76,P55D. Site recommended for Community Service in Neighborhood 5 in Comprehensive Plan. Scottsville Dist. Deferred to July 12, 1995, per applicant's request. Agenda Item No. 9. ZTA-95-02. University Real Estate Foundation. Public Hearing on a request to amend the Zoning Ordinance in Sections 29.2.5 and 29.2.6 to create a Category III with by-right & special use permit uses in the Planned Development-Industrial Park (PD-IP) category. Adopted Ordinance (COpy attached). Copy o~ zoning ordinance sheets will follow under separate Agenda Item No. 10. SP-95-06. Robert Couch, Jr. Public Hearing on a request to permit expansion of existing antique shop & outdoor display of merchandise on approx 1.2 ac zoned RA & EC located on N sd of Rt 250E approx 0.5 mi E of entrance to Glenmore dvlp. TM79A1, Sec C,P'sl0&ll. Rivanna Dist. Approved as recommended by the Plannlng Co~anission subject to the followring four conditions plus the addition of 4c, which states that parking should be no closer than it currently exists: 1. Approval is for an expansion not to exceed: a second story to the existing building the floor area of which shall nou exceed the TO: Robert W. Tucker, Jr. V. Wayne Cilimberg Date: June 29, 1995 Page: 3 floor area of the existing building; and a storage building not to exceed 1664 square feet in total floor space; Either the storage building or second floor expansions as described in #1 above shall comply with the provisions of Section 31.2.4.4 or this approval shall be deemed null and void; Upon satisfaction of #2, above, the applicant shall have not more than five years from date of approval of this petition to complete construction of all expansion granted herein; 4. Staff approval of sketch plan drawn to scale of 1" = 20' including but no5 limited to: a. Area for back-up drainfield as approved by the Virginia Depart- ment of Health; Paving of entrance from U.S. Route 2S0 to parking area and upgrading entrance to current Virginia Department of Transporta- tion geometric standards; No parking expansion shall occur closer to U.S. Route 250 than currently exists. Agenda Item No. 11. SP-95-07. Institute of Textile Technology. Public Hearing on a request for school of special instruction on approx 12.5 ac zoned CO & EC located on Rt 250W. Property is site of ITT. TM60,P28. Samuel Miller Dist. Approved as ~eco~nended by the Planning Conunission subject to the following condition. 1. Enrollment is limited to 40 students. Agenda Item No. 12. SP-95-12. Keswick Corporation & Laura Yergan. Public Hearing on a request for division of land as provided in Sec 10.5 to allow 30 more lots than the total number permitted under Sec 10.3.1 and Sec 10.3.2 on approx 535 acs zoned RA & EC Overlay Dist. Development shall be in accord with proposal plan. Property is location of the Keswick Country Club development. TM80,Ps8,8C,SC1, SD2,SD3,8D4,SJ, SZ,21A,27,29,31,41,4- 1A,43,60,60A~61,61A1,62,69,70,70A,90,93,94,95,96,97,98,100,106,109A & TM94,P42A. Rivarma Dist. Approved subject to the following five conditions: Development of this subdivision shall be in general accordance with the Keswick Estate Application Plan dated November 28, 1994, and revised April 3, 1995, and May 1, 1995; Flood plain crossings to allow private road construction in accor- dance with SP-92-059; 3. Water Resources Manager approval of a water quality impact assess- ment; 4. Compliance with State Corporation Commission requirements for water and sewer utility services; In the review of future plats and plans, provisions shall be made for protection of streams valley areas located on proposed lots by the conveyance of additional open space and/or resource protection To: Robert W. Tucker, Jr. Date: June 29, 1995 Page: 4 easements to the homeowners association or other entity agreeable to the developer end the County for purposes of permanent protection of these areas. Agenda Item No. 13. Discussion: Jefferson-Madison Regional Library FY 1995-96 Budget Request. Approved an additional $24,289 for the library,s FY 1995-96 budget to fully staff the Northside Library. Agenda Item No. 15. Other Matters Not Listed on the Agenda from the BOARD. Mr. Tucker said he declared the county as a local emergency area, due to the flooding at Sugar Hollow and White Hall, and by this declaration, the County will be able to obtain federal disaster relief funds as well as being able to call on the National Guard and others to aid the County in a disaster event. Resolution attached. Mr. Martin said that Governor Allen has closed state offices on July 3, 1995. In addition to the state offices being closed, other localities that will be closed include Culpeper, Madison, Lousia, Orange, Fluvanna, Buckingham, Nelson, Augusta, Rockingham and Goochland. Approved Albemarle County close its offices On July 3, 199S. Mrs. Thomas asked that Mr. Tucker write a letter, for the Chairman's signature, similar to the letter being drafted by the Rivanna Solid Waste Authority to our congressional delegation regarding the Waste Stream Flow Control legislation about to be adopted by Congress. She said this legisla- tion would not require that County trash haulers use a certain facility. There is movement toward alternative methods of trash disposal, outside of the Ivy Landfill, that the County may choose in the future, However, whatever alternative may he chosen, the system must allow for the County to pay off the debt. She said Congress is considering a law that would not allow the County any kind of control over the County's own solid waste stream. This would make it difficult for the County to choose a more intelligent way of trash dispos- al. Mrs. Humphris mentioned the letter from Mr. Basil Hatlquist to R.E. Lee and Son, Inc. regarding construction complaints from people traveling along Old ~arth Road near the Gallison Hall project. She asked about the status and the legality of what is being done. Mr. Tucker said Mr. Bobby Shaw is talking to the people involved and will continue ~o work on this issue. He said what has been done is within the context of the regulations. Mrs. Humphris asked if Mr. Tucker responded to the League of Women Voter's letter about the PACC and other issues. Mr. Tucker said ns. The PACC Executive Committee has directed staff to work on the issues, end to return information to them for a reply at a later time. Mrs. Humphris asked about the Graemont Homeowner Association's request to resurface the road. Mr. Tucker said he believed he drafted a letter to this request. Mrs. Humphris asked when the Board was going to discuss the problems at the Foxfield Races, as stated in Mr. Joseph White's May 12, 1995 letter. She suggested staff present an update regarding the situation in July. To: Robert Tucker, Jr. V. Wayne Cilimberg Date: June 29, 1995 Page: 5 The meeting a~journed at 9:54 p.m. to July 5, 1995 at 9:00 a.m. EWC/tpf Attachments (7) cc: Richard E. Huff Roxanne White Jo Higgins Amelia McCulley Bruce Woodzell Larry Davis Carl Pumphrey File ,THIS SERVICE AGRI~MENT, made this and between the COUNTY OF ALBEMARLE, ,f. ~'/'h day of ,~J6o~---- ,1995, by VIRGINIA (the "County") and the CROZET VOLUNTEER FIRE DEPARTMENT, INC. ("Crozet"); WITNESSETH: Background: (A) The County previously has entered into a service agreement with Crozet, dated April 12, 1995, providing for the withholding of certain sums each year by the County from the County's annual grant to Crozet, as set forth in said agreement, a copy of which is attached hereto as Exhibit 34 and (B) As a result of said agreement, the outstanding indebtedness now totals Three Hundred Forty-Three Thousand Six Hundred Dollars ($343,600.00); and (C) Crozet now desires to receive from the County an additional Ninety-Five Thousand Dollars ($95,000.00), to be used for the final payment on the new pumper. The downpayment for the new pumper was made with the money received fi.om the service agreement dated April 12, 1995, and (D) Crozet also desires to enter into an agreement consolidating its annual withholdings of payment by the County; NOW, T~.REFORE, for and in consideration of the operation by Crozet of a volunteer fire company which will fight fires and protect property and human life from loss or damage by fire during the term of this agreement, the County shall pay to Crozet Ninety-Five Thousand Dollars ($95,000.00), which payment shall be made from the fire fund to be paid after execution of this agreement. The sum of Forty-Two Thousand Nine Hundred Fif[y Dollars ($42,950.00) shall be withheld from the County's annual grant to Crozet for a period of eight (8) years beginning with fiscal year 1995-96 and ending in fiscal year 2002-03. Thus, at the end of the eighth year, which is the term of this service agreement, a total of Three Hundred Forty-Three Thousand Six Hundred Dollars ($343,600.00) will have been withheld. This withholding consolidates the bala~nce of all prior advancements as a result of the prior service agreements with Crozet dated Februa~ 22, 1985, June 11, 1986, May 11, 1990, and April t2, 1995. If at any time during the term of this agreement, Crozet is no longer in the business of providing fire-fighting services or the pumper is no longer used for fire-fighting purposes, Crozet covenants that it will convey its interest in the pumper to the County at no cost to the County so long as the County or its assigns will use the pumper for fire-fighting purposes. Crozet further covenants that it shall not convey the pumper or any interest therein to any party other than the County without the County's prior written consent during the term of this agreement. A copy of the title to the pumper shall be delivered to the County within 60 days of the purchase of the new pumper. All covenants set forth in prior agreements not in conflict with this agreement remain in full force and WITNESS the following Mgnatures and seals: COUNTY OF ALBEMARLE, VIRGINIA By (/(f~ ~..~ (Seal) Walter F. Perkins, Chairman Albemarle County Board of Supervisors CROZET VOLUNTEER FIRE DEPARTMENT, INC.. STATE OF VIRGINIA COUNTY OF ALBEMARLE The foregoing instrument was acknowledged before me this ~ ~ day of ~ , 1995 by Walter F. Perkins, Chairman, Board Of Superyisors of Albemarle County, Virgi[fia. My Commission Expires: 5ff.,~t- {.(.~c.~ ~.~ Xf~{.~-~ .~c go, [ ¢ ~ 7 Notary Public / STATE OF VIRGINIA COUNTY OF ALBEMARLE %~The forego',~ inslo~ent was acknowledged !~.o. re me this ~ day o~, 1995 by ~..)~,01 b }-~. [R-AoV~ / ~$, ~ , CroZet Volunteer My Co~ssion E~ires: ~~ ~W ~ ~ No~ Pubic 3 APPROPRIATION REQUEST FISCAL YEi~R 95/96 NUMBER 950001 TYPE OF APPROPRIATION ADDITIONAL TRANSFER NEW X ADVERTISEMENT REQUIRED ? YES NO X FUND SCHOOL CAPITAL PURPOSE OF APPROPRIATION: STATE FUNDING FOR THE PURCHASE OF EDUCATIONAL TECHNOLOGY EQUIPMENT. EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1900061101800703 MEDICA CENTER/LIBRARY COMPUTERIZATION $353,127.00 1900061101800704 SCHOOL NETWORKING 230~000.00 TOTAL $583,127.00 REVENUE DESCRIPTION AMOUNT 2900024000240265 EDUCATION TECHNOLOGY GRANT $583~127.00 TOTAL $583,127.00 EDUCATION SIGNATURE REQUESTING COST CENTER: APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS DATE APPROPRIATION REQUEST FISCAL YEAR 94/95 TYPE OF APPROPRIATION ADVERTISEMENT REQUIRED ? FUND PURPOSE OF APPROPRIATION: AUTHORIZATION TO EXPEND CFW, EXPENDITURE NUMBER ADDITIONAL TPJ~NSFER NEW YES NO X SCHOOL INC ROYALTY PAYMENT. 940072 X COST CENTER/CATEGORY DESCRIPTION AMOUNT 1241062120800100 MAChINERY/EQUIPMENT,NEW $5,541.00 TOTAL $5,541.00 REVENUE DESCRIPTION AMOUNT 2200015000150510 CFW ROYALTY PAYMENT $5,541.00 TOTAL S5,541.00 REQUESTING COST CENTER: APPROVALS: DIRECTOR OF FINA~CE BOARD OF SUPERVISORS EDUCATION SIGNATURE DATE APPROPRIATION REQUEST FISCAL YEAR 94/95 NI/MBER 940071 TYPE OF APPROPRIATION ADDITIONAL TRANSFER NEW X ADVERTISEMENT REQUIRED ? YES NO X FUND GENERAL PURPOSE OF APPROPRIATION~ ADDITONAL FUNDING FOR CIRCUIT COURT. EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1100021010110000 SALARIES-REGULAR $4,800.00 1100021010160900 SALARY RESERVE-BONUS 110.00 1100021010210000 FICA 380.00 1100021010221000 %fRS 420.00 1100095000999990 BOARD CONTINGENCY (5,710.00) TOTAL $0.00 REVE~u~ DESCRIPTION AMOUNT $o.oo TOTAL $0.00 REQUESTING COST CENTER: APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS CIRCUIT COURT SIGNATURE DATE APPROPRIATION REQUEST FISCAL YEAR 94/95 NUMBER 940070 TYPE OF APPROPRIATION ADDITIONAL TRANSFER NEW X ADVERTISEMENT REQUIRED ? YES NO X FUND SUMMER SCHOOL/GP~ANTS PURPOSE OF APPROPRIATION: FUNDING FOR SUMMER SCHOOL PROGRAM AND NATIONAL COUNCIL OF TEACHERS OF MATHEMATICS GRANTD EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1331061120601300 ED/REC SUPPLIES $1,981.65 1331061125601300 ED/REC SUPPLIES 3,433.59 1310460212601300 INSTRUCTIONAL SUPPLIES 1,998.84 TOTAL $7,414.08 REVENUE DESCRIPTION AMOUNT 2331051000510100 FI/ND BAI~kNCE $5,~15.24 2310418120181210 MATHEMATICS GRkNT 1,998.84 REQUESTING COST CENTER: APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS- TOTAL $7,414.08 EDUCATION SIGNATURE DATE ORDINANCE NO. 95-20(2) AN ORDINANCE TO AMENDAND REORDAIN CHAPTER 20, ZONING, ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA. BE IT ORDAINED By the Board of County Supervisors of Albemarle County, Virginia, that Chapter 20, Zoning, Article III; District Regulations, is hereby amended and reordained by amending section 29.2.2, By Special Use Permit, Category I, as follows: 29.0 PLANNED DEVELOPMENT - INDUSTRIAL PARK - PD-IP 29.2 PERMITTED USES 29.2.2 BY SPECIAL USE PERMIT - CATEGORY I The following uses shall be permitted only by special use permit provided that no separate application shall be required for any use included on the approved application plan; Uses permitted by special use permit in the LI Light Industry district; Hotels, motels, inns (reference 9.4.2). I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an ordinance adopted by the Board of County Supervisors of Albemarle County, Virginia, at an adjourned meeting held on June 28, 1995. RESOLUTION WHEREAS, Albemarle County has had unceasing and relentless rains for the month of June, 1995; and WHEREAS, the Board of Supervisors of Albemarle County does hereby find that: Due to the heavy rain, Albemarle County is fa~ing dangerous flood conditions; Due to the floods, a condition of extreme peril of life and property necessitates the proclamation of the existence of an emergency; NOW, THEREFORE, THE ALBERMARLE BOARD OF COUNTY SUPERVISORS HEREBY PROCLAIMS that an emergency now exists throughout the County; and IT IS FURTHER PROCLAIMED AND ORDERED that during the exis- tence of said emergency the powers, function, and duties of the Director of Emergency Services, and the emergency providers of Albemarle County shall be those prescribed by state law and the ordinances, resolutions, and approved plans of Albemarle County in order to mitigate the effects of the emergency~ I Ella W. Carey, do hereby certify that the foregoing writing is true, correct copy of a resolution adopted by the Board of County Supervisors of Albemarle County, Virginia, at an adjourned meeting held on June 28, 1995. COUNTY OF ALBEMARLE E C IVESUMMARY Service Agreement wi~Cmz~VohmteerFireDepaflme~,Inc. gTAlq~ Messrs. Tucker, Hnff, Pumphrey AC~ENDA DATE.' June 28, 1995 ACTION: X ATT i CBMI~3~T,q_- R~VIEV~EI~ 1NFORMATI'~N: Yes RACKGRfHqN~. Several years ago Albemarle Comgy established a revolving fund to be used by the ten vohmteer fire and rescue companies in the County. This fund, currently funded at two millh)n doRal's, provides the volunteer companies a means of acquiring needed fire-fighting eqnipme~ and lmildin~, interest free, with repaymcuts being deducted from their annual County appropriation. Requests for disbursements from the fund are monitored and approved by the leffersun Country Fire and Rescue Association (JCFRA). DIgC. ll.qglON: The currem amou~ awl!able for toanin tl~ revolving fund is $101.838.63. Crozet Volunteer Fke Department, Inc. has requested, through ICFRA, an advance of $95,000 to be used for the final payment on a new ~ truck. The downpayment for the truck was made with money received from the service agreement dated April 12, 1995. This advance will be paid upon request at~er the execution of this agreement. Repayment of the loan wilt be over an eight year period beginning FY 95/96. JCFRA has approved this request. Staff reeonmaends authorizing the Chairman to execute the service agreement. CROZET1.EXE 95.101 ,THIS SERVICE AGKEEMENT, madethis ~.~n dayof ,,Jc,.~_o - ,1995, by and between the COUNTY OF ALBEMAKLE, VIKGINIA (the "County") and the CROZET VOLUNTEER FI~. DEPARTMENT, INC. ("Crozet"); WlTNES SETH: Background: (A) The County previously has entered into a service agreement with Crozet, dated April 12, 1995, providing for the withholding of certain sums each year by the County from the County's annual grant to Crozet, as set forth in said agreement, a copy of which is attached hereto as Exhibit A, and (B) As a result of said agreement, the outstanding indebtedness now totals Three Hundred Forty-Three Thousand Six Hundred Dollars ($343,600.00); and (C) Crozet now desires to receive from the County an additional lq'mety-Five Thousand Dollars ($95,000.00), to be used for the final payment on the new pumper. The downpayment for the new pumper was made with the money received from the service agreement dated April 12, 1995, and (D) Crozet also deskes to enter into an agreement consolidating its annual withholdings of payment by the County; Now, TI-mREFOKE, for and in consideration of the operation by Crozet of a volunteer fire company which will fight fires and protect property and human life from loss or damage by fire during the term of this agreement, the County shall pay to Crozet Ninety-Five Thousand Dollars ($95,000.00), which payment shall be made from the fire fund to be paid after execution of this agreement. The sum of Forty-Two Thousand 1,rme Hundred Fifty Dollars ($42,950.00) shall be withheld from the County's annual grant to Crozet for a period of eight (8) years beginning with fiscal year 1995-96 and ending in fiscal year 2002-03. Thus, at the end of the eighth year, which is the term of this service agreement, a total of Three Hundred Forty-Three Thousand Six Hund.red Dollars ($343,600.00) will have been withheld. This withholding consolidates the balance of all prior advancements as a result of the prior service agreements with Crozet dated February 22, I985, June 11, 1986, May I1, 1990, and April 12, 1995. If at any time during the term of this agreement, Crozet is no longer in the bus'mess of providing fire-tighting services or the pumper is no longer used for tiro-fighting purposes, Crozet covenants that it will convey its interest in the pumper to the County at no cost to the County so long as the County or its assigns w~ use the pumper for tiro-fighting purposes. Crozet further covenant,, that it shall not convey the pumper or any interest therein to any party other than the County witho~ the County's prior written consent during the term of this agreement. 3, copy of the title to' pumper shall be delivered to the County within 60 days of the purchase of the new pumper. covenants set forth in prior agreements not in conflict with this agreement remain in full forc, effect WITNESS the following signatures and seals: COUNTY OF ALBEMARLE, VIRGINIA Walter F. Perkins, Chairman Albemarle County Board of Supervisors CROZET VOLUNTEER FlllE DEPAKTMEN? (Se Exhibit A. THIS SERVICE AGREEMENT, made for the purpose of identification this /~_~ day of ~/4/~' ,1995, by and between the COUNTY OF ALBEMARLE, VIRGINIA (the "County") and the CROZET VOLUNTEER FIRE DEPARTMENt, INC. CCrozet"); WITNES SETH: Background: (A) The County previously has entered into a service agreement with Crozet, dated May 11, 1990, providing for the withholding of certain sums each year by the County i~om the County's annual grant to Crozet, as set forth in said agreement, a copy of which is attached hereto as Exhibit A; and (B) As a result of said agreement, the outstanding indebtedness now totals One Hundred Eighteen Thousand Six Hundred Dollars ($118,600.00); and (C) Crozet now desires to receive fi.om the County an additional One Hundred Tl~ty Thousand Dollars ($130,000.00) to be used for a new pumper; and (D) Crozet also desires to enter into an agreement consolidating its annual withholdings of payment by the County; NOW, THEREFORE, for and in consideration of the operation by Crozet of a volunteer fire company which will fight fires and protect property and human life fi.om loss or damage by fire during the term of this agreement, the County shall pay to Crozet One I-Iundred Thirty Thousand Dollars ($130,000.00), which payment shall be made fi.om the fire fund to be paid after execution of this agreement. The sum of Thirty-One Thousand and Seventy-Five Dollars ($31,075.00) shall be withheld fi.om the County's annual grant to Crozet for a period of eight (8) years beginning with fiscal year 1995-96 and ending in fiscal year 2002-03. Thus, at the end of the eighth year, winch is the term of this service agreement, a total of Two Hundred Forty-Eight Thousand Six Hundred Dollars ($248,600.00) will have been withheld. This withholding consolidates the balance of all prior advancements as a remit of the prior service agreements with Crozet dated February 22, 1985, June 11, 1986, andMay 11, 1990. If at any time during the term of this agreement, Crozet is no longer in the business of providing fire-fighting services or the pumper is no longer used for fire-fighting purposes, Crozet covenants that it will convey its interest in the pumper to the County at no cost to the County so long as the County or its assigns will use the pumper for fire-fighting purposes. Crozet further covenants that it shall not convey the pumper or any interest therein to any party other than the County without the County's prior written consent during the term of tins agreement. A copy of the title to the pumper shall be delivered to the County within 60 days of the purchase of the new pumper. All covenants set forth in prior agreements not in conflict with this agreement remain in full force and effect. WITNESS the folio ,wing. signatures and seals: Walter Ir. Perkins, Chairman Albemarle County Board of Supervisors CROZET VOLUNTEER FIRE DEPAR'iIVIENT, INC.. STATE OF VIRGINIA COUNTY OF ~T_,B~T.~ The foregoing instmment was acknowledged before me this /~ dayof ~,~' , by Waiter F. Perldns, Chairman, Board of Supervisors of Albemarle County, Virgini/t. My Commission Expires: //,(Q r~, ~(jd~,~f~-~c~ ~/~z~& ~ Notary Public Y 1995 STATE OF VIRGINIA COUNTY OF ALBEMARLE Fire Department, Inc. My Commission Expires: 0 T~q e foregoing instmment was acknowledged befor~ me this c_~ dayof7)%~ ,1995 /~!~A, ~ )~,~ , ~'~;/~ , CrozetVolunteer ~A/i~' .~ ~ ~., ~/,'~n.~.~~ No~-y Public COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5845 FAX (804) 296-5800 Charles $..Martin Walter F. Perkins MEMORANDUM TO: FROM: DATE: SUBJECT Melvin Breeden, Director of Finance Ella W. Carey, Clerk~ June 30, 1995 Board Actions of June 28, 1995 At its meeting on June 28, 1995, the Board of Supervisors took the following actions: Agenda Item No. 5.1. Authorize Chairman to sign service agreement with Crozet Volunteer Fire Department, Inc., advancing $95,000 to purchase a new pumper. Approved the attached service 'agreement. Agenda Item No. 5.2a. Summer School Pro~ram and NationalCouncil of Teachers of Mathematics Grant -$7,414.08, (Form #940070). Approved the attached appropriation. Agenda Item No. 5.2b. Circuit Court - $5,710, (Form #940071). Approved the attached appropriation. Agenda Item No. 5.2c. CFW, Inc~, Royalty Payment - $,5541~ (Form #940072)o Approved the attached appropriation. Agenda Item No~ 5.2d. Educational Technology Grant - $583,127, (Form #95000~1). Approved the attached appropriation. Agenda Item No. 13. Discussion: Jefferson-Madison Regional Library FY 1995-96 Budget Request. Approved an additional $24,289 for the llhrary's FY 1995-96 budget to fully staff the Northside Library. EWC/tpf Attachments (5) Roxanne White Carl pumphrey Kevin Castner Printed on recycled paper COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Appropr~fi~ - EAu~afion AGENDA DATE: ITEM NUMBER: ACTION: INFORMATION: SUBJECT/PROPOSALfREOI~ ST: Request approval of Appropriation #940070 in the amount of $7,414.08 for (1) Summer School Program, (2) Nafiunal Council of Teachers of Mathematics STAFF CONTACT(S): Messrs. Tm:la:r, Castner, Bre~dun & Me. Whit~ CONSENT AGENDA: ACTION: X ATTACItMENTS: REVIEWED BY: / INFORMATION: BACKGROUND: The School Board approved fl~ following roquast fo~ appropriations o~ Su~ 12, 1995 and request Board approval DI,~CU~ION: The zeap~un of tl~ remaining find balane~ for tl~ Sominex School Program. Th~ program had a fund balanc~ of $5415.24 at the end of the 1993-94 fiscal ye, ar. The 9md~ will be used to defray costs associated withe the s~mmex programs. TI~ appropriafi0~ of $ 1,998.84 for a grant nxeivcd from ~ Nalional Council of Teach, rs of Mathematics for Woodbrook Elemeata~ School. Th~ gr~nt "Tmpl~i.,~g th~ NCTM Standm'ds in yom' Classroom" is designed to t4ndl e int. e~st in tl~ NCTM Stmxlar&, provide information ~d ~c, ourag~/nvotv~ment wi~ parents m~d students ia grades K-3. RECOMMENDATION_: 8taffmoommeads approval of Appropriafion b'940070 in the amount of $7,414.08 as re~l~st~ and detailed on attachexl form APP94007 95.104 2 3 I995 FISCAL YEAR APPROPRIATION REQUEST 94/95 NUMBER TYPE OF APPROPRIATION ADDITIONAL TRANSFER NEW 940070 ADVERTISEMENT REQUIRED ? YES NO X FUND SUMMER SCHOOL/GR3~NTS PURPOSE OF APPROPRIATION: FUNDING FOR sUMMER SCHOOL PROGRAM AND NATIONAL COUNCIL OF TEACHERS OF MATHEMATICS GRANT. EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1331061120601300 ED/REC SUPPLIES $1,981.65 133106~12560t300 ED/REC SUPPLIES 3~433.59 1310460212601300 INSTRUCTIONAL SUPPLIES 1~998~84 TOTAL $7,414.08 REVENUE DESCRIPTION AMOUNT 2331051000510100 FUI~D BALANCE $5,415.24 2310418120181210 MATHEMATICS GR~_NT 1,998.84 REQUESTING COST CENTER: APPROVALS: DIRECTOR OF FINi~NCE BOARD OF SUPERVISORS~ TOTAL $7,414.08 ************************************************************************ EDUCATION SIGNATURE DATE COUNTY OF ALBEMARLE EXECUTIVE SUMMARY OF[ ~-~?L~L{~-- ·~ AGENDA 'IIII~E: Appropriation Cimuit Court SUBJECTfPROPOSAL/REOUEST: R~ciuest approval of Appropriation #940071 in the amount of $5,710 for the Circuit Court. ~TAFF CONTACT: Tncker. Breeden. White AGENDA DATE: Juue 28, 1995 ACTION: CONSENT AGENDA: ACTION: X ATTACHMYENTS: REVIEIVED BY: ITEM NUMBER: INFORMATION: INFORMATION: BACKGROUND: During the current fiscal year, the position of Legal Services Assistant in the Circuit Court's office was reclassified from a Grade 19 to a Grade 21. Since sufficiont funds to cover the reclassification were not budgeted in the original budget appropriatated last June, this additional appropriation is needed to avoid a shortfall at the end of the fiscal year. Additionally, the current Legal Services Assistant is rethSng at the end of this month and Judge Peatross had requested that he be allowed to hire Ms. Easton's replacement beginning Jane 1st in order to adequately train her during the transition in their one-person office. DISCUSSION: The appropriation request for $5,710 will cover the shortfall in salary and benefit costs for the mid-year reclassification, plus the additional salary and benefits for one month for the rcplaecrmmt assistant. RECOMMENDATION~ Staff recommends approval of Appropriation #940071 in the amoant of $5,710 for the Circuit Court's office. 95.102 APPROPRIATION REQUEST FISCAL YEAR 94/95 IfUMBER 940071 TYPE OFAPPROPRIATION ADDITIONAL TRANSFER NEW X ADVERTISEMENT REQUIRED ? YES NO X FUND GENER3tL PURPOSE OF APPROPRIATION: ADDITONAL FUNDING FOR CIRCUIT COURT. EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOtINT 1100021010110000 SALARIES-REGULAR $4,800.00 1100021010160900 SALARY RESERVE-BONUS 110.00 1100021010210000 FICA 380.00 1100021010221000 VRS 420.00 1100095000999990 BOARD CONTINGENCY (5,710.00) TOTAL $0.00 REVENUE DESCRIPTION AMOUNT $o.oo TOTAL $0.00 REQUESTING COST CENTER: APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS CIRCUIT COURT S I GNATURE DATE COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA 'fITLE: Appropriation - Education SUB,IECT/PROPOSAL/RE OUEST: Request for approval of Appropriation #940072 in the amount of $5,541.00 for CFW Royalty Payment. STAFF CONTACT(S'~: Messrs. Tucker, Casmer, Breeden, lvls. White AGENDA DATE: June 28, 1995 ACTION: CONSENT AGENDA: ACTION: X ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: BACKGROUND: The School Board at ifs meeting of April 24, 1995 an appropriation request for use of the CFW royalty paymeat and requem the Board approval. BISCUSSION: On September 9, 1991 an agreement was entered into between Albemarle County Schools and Charlottesville Quality Cable (now CFW Cable, Inc.) for the lease of excess capacity on our hs~J_Cfional Television Fixed Service (ITFS) licenses. This agreement stipulated that in consideration of the airtime provided by Albemarle County Schools, CFW Cable, Inc. agreed to pay a hourly royalty equal to $1.20 for each subscriber to CFW's wireless cable service that received ~amming transmitted over the schools licensed frequency. As a result of this agreement, CFW Cable, Inc. has forwarded the first royalty payment in the amount of $5,541.00. RECOMMENDATION: Staff recommends approval of Appropriafion #940072 ia tho amount of $5,541.00 as detailed on allaehed form APP9772.WPD 95.106 FISCAL YEAR APPROPRIATION REQUEST 94/95 A/UMBER 940072 TYPE OF APPROPRIATION ADDITIONAL TRANSFER NEW X ADVERTISEMENT REQUIRED ? YES NO X FUND SCHOOL PURPOSE OF APPROPRIATION: AUTHORIZATION TO EXPEND CFW, INC ROYALTY PAYMENT. EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 124106212080¢100 MACHINERY/EQUIPMENT-NEW $5,541.00 TOTAL $5,541.00 REVENUE DESCRIPTION AMOUNT 2200015000150510 CFW ROYALTY PAYMENT $5,541~00 TOTAL $5,541.00 REQUESTING COST CENTER: EDUCATION APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS SIGNATURE DATE COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Appropriation - Education SUIN-ECT/PROI~OSAL/RE OUEST: 1~quest approval of Appropriation//950001 in the amount of $583,127 for an Educational T~chnology Grant STAFF CONTACT(SI: Me. rs. Tucker, Castner, Breed~ 1~. Wh/te AGENDA DATE: Zone 28, 1995 ACTION: CONSENT AGENDA: ACTION: X ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: BACKGROUNI): The Schod Bo~d approved the following requ~ for appropriation on $on~ 12. 1995 and request Board approval. ~)ISCUSSION: The appropriation of $583,127.00 fi'om the Departme~ o~'Edueafion for the purchase of educational technology equapmer~. The General Assembty approved funding from the literary f~nd for these purchases. The fi,ua& are allocated for the purpose of school networking and elementary school library media center technology improvements. This grant will provide for the completion of enmputer networks in all s~hoois and for media center improvements related to technology enhancements. These funds will be eoord~ated with other CF technology grinds snd the WAN system to provide overall integrated services. This funding will be provided on a grant basis for FY 1995-96 with a required 20% local match. The local matnh is provided by funds already allocated to C]P technology expenditures. RECO~: Staff reer~me~h approval of Appropriation//950001 es requested and d~tailed on attach~ form. APP95000 95.103 FISCAL YEAR 95/96 TYPE OF APPROPRIATION ADVERTISEMENT REQUIRED ? FUND PURPOSE OF APPROPRIATION: APPROPRIATION REQUEST NLIMBER ADDITIONAL TRANSFER NEW YES NO SCHOOLCAPITAL X X STATE FUNDING FOR THE PURCI-IASE OF EDUCATIONAL TECHNOLOGY EQUIPMENT. 950001 EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1900061101800703 MED!CA CENTER/LIBRARY COMPUTERIZATION $353,127~00 1900061101800704 SCHOOL NETWORKING 230,000.00 TOTAL $583,127.00 REVENUE DESCRIPTION AMOUNT 2900024000240265 EDUCATION TECHNOLOGY GRANT $583,127.00 TOTAL $583,127.00 REQUESTING COST CENTER: EDUCATION APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS S I GNA TURE DATE CR~NBELL @ MOORE TEL:l-705-544-7075 CRANWELL (~.MooRE June 15, 1995 3un 21 95 8:58 No.O0$ P.O1 W. Clyde Gouldmaa, II City Attonrey City Hall P. O, Box 911 Charlottesville, VA 22902 De~M~.Go~dm~: This letter is to inform you that our firm has been retained by Albemarle County to represent its interest with respect to the much discussed reversion of the City of charlottesville to town status. As you know, the County and City have a long history of working together. It is the feeling of the Board of Supervisors that there has becn way too much speculation on this subject without any constructive dialogue between the Council and tho Board. The government bodies are the decision makers. If Council is truly interested in reversion, the Board is ready, willing and able to discuss the matter. This later is to mn. ow the Board's offer to ~t down with Council a soon as possible to discuss this matter with the City. I urge you to urge Council to act quickly to meet with tho Board. Frustration b .recxl_ s litigation - conversation breeds negotiations. Please let me hear from you' forthwith. Sincerely, C. Rich/~d' Cranwell CRC/bm CR~NBELL @ NOORE TEL:l-?03-$44-?O?3 Jun 21 ~5 8:58 No.O03 P.02 ~;Ci~¥ OF CHARLOTTESVILLE Office of the City Attorney City Hall P,O. Box 911 * Charlottesville, Virginia * 22902 Telephone 804~971-3131 Fax: 804-971-9523 June 20, 1995 C. Richard Cranwell Cranwell & Moore P. O. Box 11804 Roanoke, VA 24022-1804 Re: TO~ Revorsio~ Dear Mr. Cranwell: Your letter of June 15, 1995, renewing the Supervisors' offer to sit down with the City Council reversion was received late.last week. Board of to discuss We appreciate your takin~ the time to send that invitation and with it your advice underscOrin~ the need for a continuin~ dialogue between the two lo~al ~overnin:g bodies. In our opinion Council already knows the need for such a dialogue and is committed to seeing that it occurs. Council fully ~understandS that the two jurlSdi~ti0ns have far too many common interests and joint projects tlc stop talkin~ tO each other and Will do everythln~ withi.n reason to encourage meaningful, on,oink, and easy: communication amQn~ elected:.and appointed :officials on any Sub~eCt of mutual interest. Thls, type of communication must flOUriSh for the Sake o~ our community as a wll°le, whether or not the reversion process continues and regardless °f the end reSUlt. We currently have nO proposed date to suggest for a joint meetln~ of the Board and Council because~att of the preparatory work necessary for such a meetin~ has not been done. When that work i~ finished or at least nearln9 comp}e~ion, we presume the Mayor will contact his counterpart to set up a mutually agreeable meetinM date. In the interim, if our office can be of any assistaIlce to the County, I hope Larry Davis or you will call me. Sincerely yours, W. Clyde Gouldman, II City Attorney cc: City Council (w/ copy of Cranwell letter) ~ary O'Connell (w/ copy of Cranwell letter) Larry Davis AGENDA IT~ NAME DEFERRED UNTIL Form.3 7/25/86 Forra. 3 7/25/86 COUNTY OF ALBEMARLE Office of Board of Superwsors 401 Mclntire Road Charlottesville, Virginia 22902-4696 (804) 296-5843 FAX (804) 296-5800 June 19, 1995 Charles S. Martin Walter F. Perkins Sally H. Thomas TO THE PROPERTY OWNERS ADDRESSED: This is to provide notice to you, as an adjacent properuy owner, that ZMA-95-02 and ZMA-95-03 - H & H Partnership have been rescheduled for public hearing due uo an advertising error. The petitions are described as follows: ZMA-95-02. H & H Partnership. To rezone approx 1.88 acs from R-2 to HC. Property in SW corner of Rt 631/I-64 inters. TM76,P55B. Site recommended for Community Service in Neighborhood 5 in Comprehensive Plan. Scottsville Dist. ZMA-95-03. H & H Partnership. TO rezone approx 2.163 acs from R-2 5o HC. Property in SW corner of Rt 631/I-64 inuers. TM76,P55D. Site recommended for Community Service in Neighborhood 5 in Comprehensive Plan. Scottsville Dist. The Board of Supervisors will hear these peitions on Wednesday, June 28, 1995. The meeting will be held at 7:00 P.M., in Meeting Room #241 (formerly Room ~7), Second Floor, County Office Building. If you should have any commen=s or questions, please do not hesitate to conuacE the undersigned. Sincerely, Ella W. Carolyn C. Adams Richard C., Sr., or Sharon T. Cason Erin, Inc. James M. Johnson, Jr. Glenn J. or Charlotte L. Rouse Hugh D. & Dorothy B. Underwood Norma C. Wilson Forest Lodge Land Trust William D. Fritz Phillip W & Nancy C. Brown Chester L. & Carolyn L. Davis Herbert L. or Ella Jane Greene Robert W. & Nancy D. Mays Perry W. or Debbie D Shifflett Robert L. & Alice H. Trainum Hurt Investment CO. V. Wayne Cilimberg t:~dnted on recycled paper COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville. Virginia 22902-4696 (804) 296-5843 FAX (804) 296-5800 June 13, 1995 Charles S. Martin Wal~er F. perkins Sal¥ H. Thomas Mr. S. W. Heischman H & H Partnership PO Box 7324 Charlottesville, VA 22906 Dear Mr. Heiechman: This letter is to notify you that ZMA-9$-02 and ZMA-95-03 - H & H Partnership have been rescheduled for public hearing due to an advertising error. These requests will be heard by the Board of Supervisors on WEDNESDAY, June 28, 1995. The meeting will be held at 7:00 p.m., Meeting Room #241 Second Floor, County Office Building, 401 McIntire Road, Virginia. (formerly Room #7), Charlottesville, YOU OR YOUR REPRESENTATIVE MUST BE PRESENT AT THIS NEHTING. We are sorry for any inconvenience this may have caused. If you should have any questions or concerns, please do not hesitate to eon~ac~ the undersigned. EWC:mms cc: V. Wayne Cilimberg William D. Fritz Si_ncerely,~ ~la W. Carey, Cl~r~k, C Printed on recycled paper Heischman Construction April 26, 1995 Mr. Wayne Cilimberg Director of Planning Department of Planning & Community Development 401McIntire Road Charlottesville, VA 22902-4596 Dept. ZMA-94-02 H&H Partnership ZMA-94-03 H&H Partnership Dear Wayne: Earlier this month I received a letter from Bill Fritz indicating that the Albemarle County B~ard of Supervisors is scheduled to review and receive public comment in reference to the above on May 10, 1995. I would like to request that WA 94-02 and 94-03 be deferred until the Board's last meeting in June. I have recently retained Start Tatum of Land Planning & Design Associates, Inc. to review traffic and other concerns expressed in the Planning Commission meeting on April 11 and would like a little more, time to address these items with Mr. Tatum. Please call me at 971-97~4 if you have any questions. Since/~y, S. W. Heis~hman H&H LLC Joe Wright Stan Tatum Heischman Construction Company O"Il.- q7~¥ P. O, Box 7324 · Charlottesville, Virginia 22906 · 804-975z4800- ORDINANCE NO. 95-20 (2) AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 20, ZONING, ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA. BE IT ORDAINED By the Board of County Supervisors of Albemarle County, Virginia, that Chapter 20, Zoning, Article III, District Regulations, is hereby amended and reordained by amending section 29.2.2, By Special Use Permit, Category I, as follows: 29.0 ~LANNED DEVELOPMENT - INDUSTRIAL PARK - PD-IP 29.2 PERMITTED USES 29.2.2 BY SPECIAL USE PERMIT - CATEGORY I The following uses shall be permitted only by special use permit provided that no separate application shall be required for any use included on the approved application plan; Uses permitted by special use permit in the LI Light Industry district; 2. Hotels, motels, inns (reference 9.4.2). I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an ordinance adopted by the Board of County Supervisors of Albemarle County, Virginia, at an adjourned meeting held on June 28, 1995. ORDINANCE NO. AN ORDINANCE TO AMENDAND REORDAIN CHAPTER 20, ZONING, ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA. BE IT ORDAINED By the Board of County Supervisors of Albemarle County, Virginia, that Chapter 20, Zoning, Article III, District Regulations, is hereby amended and reordainsd by amending section 29.2.2, By Special Use Permit, Category I, as follows: 29.0 PLANNED DEVELOPMENT - INDUSTRIAL PARK - PD-IP 29.2 PERMITTED USES 29.2.2 BY SPECIAL USE PERMIT - CATEGORY I ........ plan. The following uses shall be permitted only by special use permit provided that no separate application shall be required for any use included on the approved application plan; Uses permitted by special use permit in the LI Liqht Industry district; 2. Hotels, motels, inns Ireference 9.0). May24,1995 COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mclnfire Road Charlottesville, Virginia 22902-4,596 (8041 296-5823 : 2 5 Mr. Tim Rose University of Virginia Real Estate Foundation P. O. Box 9023 Charlottesville, VA 22903 RE: ZTA-95-02 Universi~yof Virginia Real Estate Dear Mr. Rose: The Albemarle County Planning Commission, at its meeting on May 23, 1995, by a vote of 4-1, recommended approval of the above-noted petition to the Board of Supervisors. The following amendment to the PD-IP zone was recommended for approval: ~9.2.2 BY SPECIAL USE PERMIT CATEGORY I The followin~ uses shall be permitted only bv special use permit provided that no senarate application shall be required for any use included on the approved application Dian: Uses permitted by special use permit in the LI Light Industry_ di~trict; Hotels, motels, inns (reference 9.0). Page 2 May24,1995 Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on JUJVE 21. 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 m your scheduled heating date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Ronald S. Keeler Chief of Planning RSK/jcw cc: Ella Carey Jo Higgins Amelia McCulley' DaSd P. Bou~rman Charlotte Y. Humphris For~est R. Marshall, Jr COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX ~8041 296~5800 June 13, 1995 Char]es S. Martin Waiter F. Perkins Mr. Tim Rose Chief Operating Engineer University of Virginia Real Estate Foundation PO Box 9023 Charlottesville, VA 22903 This letter is to notify you that ZTA-95-2 - Univmrsity of V£rginia Real Estate Foundation has been rescheduled for public hearing due to an advertising error The request will be heard by the Board of Supervisors on WEDNESDAY, June 28, 1995. The meeting will he held a~ 7:00 p.m., Meeting Room #241 (formerly Room #7), Second Floor, County Office Building, 401 McIntire Road, Charlottesville, Virginia. YOU OR YOUR REPRESENTATIVE MUST BE PRESENT AT THIS MEETING. We are sorry for any inconvenience this may have caused. If you should have any questions or concerns, please do not hesitate to contact the undersigned. EWC:mms V. Wayne Cilimberg Ronald S. Keeler Si cerely~ Printed on recycled paper STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: RONALD S. KEELER MAY 23, 1995 JUNE 21, 1995 ZTA-95-02 UREF: TO AMEND USES PERMITTED IN PD-IP PLANNED DEVELOPMENT- INDUSTRIAL PARK BACKGROUND: The 1989 Comprehensive Plan introduced six "service area" designations in place of more traditional office, commercial, and industrial land use designations. Zoning ordinance amendments were necessary to accommodate these new designations. It was recognized the need to maintain conventional office, commercial, and industrial zoning designations for small-scale and individusl uses and the zoning ordinance contained 23 conventional, planned development and overlay zoning districts. For several reasons, instead of developing additional zoning districts to accommodate the service area designations, Section 9.0 Guidelines for Comprehensive Plan Service Areas was introduced into the zoning ordinance together with amendments to various existing zoning districts. This action enabled the establishment of service areas by employing comb'mations of exist'mg zoning districts under planned development or proffered rezoning petition. COMPREHENSIVE PLAN: The Comprehensive Plan was amended (CPA-94-1) to expand the Hollymead community to incorporate all land for the UREF North Fork Business Park. The textual amendment describes the area as "industrial/office." This description is viewed as a hybrid or combination of the industrial service areas and office service areas described in the Comprehensive Plan (Attachment A). The most appropriate single zoning designation to accommodate the Comprehensive Plan combination designation is the PD-IP Planned Development-Industrial Park, however, the PD-IP does not provide for all proposed uses. APPLICANT'S PROPOSAL: Initially, the applicant proposed creation of a third use category (Category II1) within the PD-IP zone. After worksession with the Zoning Administrator and Planning staff, it was determined that Category I (i.e. - LI uses) with addition of "hotel/conference center" would satisfactorily avail the uses desired by UREF for the North Fork Business Park. STAFF COMMENT: Provision was made in the Zoning Ordinance for "hotels, motels, inns" in appropriate zonmg districts to accommodate Office Service Areas as described in the Comprehensive Plan. The PD- IP is the most comprehensive zoning district to embrace the variety of uses required to implement the combination "Indusmal/Office" land use designation recommended for North Fork by the Comprehensive Plan. In order to acltieve varied uses to enact this designation through ord'mance, "hotels, motels, inns" should be introduced into the PD-IP. The public purpose to be served would be to implement the recommendations of the Comprehensive Plan. As a provision by special use permit, the County could exercise control of location and other considerations within the planned development or disapprove the use if special use permit criteria cannot be satisfactorily satisfied. Staffrecommends the following amendment to the PD-IP zone: 29.2.2 BY SPECIAL USE PERMIT CATEGORY I The followin~ uses shall be permitted only by soecial use permit provided that no separate application shall be required for any use included on the approved application plan: 1. Uses oermitted bv special use permit in the LI Light Industry district; 2. Hotels. motels, inns (reference 9.0~. A:\ZTA9502.RPT RECEIVED 3 0 1995 Planning Dept. COUNTY OF ALBEMARLE Department of Zoning 401 Mclnfire Road Charlottesville, Virginia 22902-4596 (804) 296-5875 FAX (804) 972-4060 TDD (8041 972-4012 MEMORANDUM TO: FROM: DATE: RE: Ron Keeler, Chief of Planning Division ^me~a G. McCulle¥, Zoning ^dministrator May 30, 1 Official Determination of Use - Hotel/Conference Center This is in response to your request for a written determination. It is my opinion that the category of use for hotels, also includes a hotel I conference or convention center as an accessory activity. This decision is based on the finding that a conference center use is customarily associated with and incidental to hotels of certain sizes. Currently, as is typical of other localities, the larger hotels in this City / County area offer conference and banquet facilities. Our zoning regulations do not list conference or convention centers as specific uses. In a bdef review of the ordinances of several other localities, I found that the majority also do not list this use separately. Therefore, it is commonly accepted as an accessory use. The lodging and dining facilities of a hotel are fre6tuently directly supportive of the conference center use. If you are aggrieved by this decision, you have a right to appeal the notice within thirty days in accordance with Section 15.1-496.1 of the State Code, or the decision shall be final and unappealable if not appealed within thirty days. Such appeal shall be taken within thirty days after the decision appealed from by filing with the zoning administrator, and with the board,, a notice of appeal specifying the grounds thereof. CC: Reading File (1995diska:memohotel.st) COUNTY OF ALBEMARLE Office of Board of Superwsors 401 Mclntire Road Charlottesville. Virginia 229024596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Walter F. Perkhns Sally H. Thomas MEMO TO: Board of Supervisors FROM: Ella We Carey, Clerk, CMCg~/~ ' DATE: July 12, 1995 SUBJECT: Supplement No. 79 to the Zoning Ordinance Attached are amended sheets to be placed in your copy of the Zoning . Ordinance. These changes are occasioned by the amendments adopted on June 28, 1995~ relating to special use permit. EWCftpf cc: Robert W. Tucker, Jr. (1) Richard Huff, II (1) Larry W. Davis (3) Water Resources Manager (1) V. Wayne Cilimberg (12) Amelia McCulley (1) Clerk (3) Printed on recycled paper 29.0 29.1 29.2 29o2.1 29.2°2 29o2~3 pLANNED DEVELOPMENT - INDUSTRIAL PARK - PD-IP INTENT, WHERE PERMITTED PD-IP districts are hereby created and may hereafter be estab- lished by amendment to the zoning map to permit a variety of industrial uses, =ogether with certain uses ancillary thereto, which are compatible with and do not detract either from each other or from surrounding districts. It is intended that PD-IP districts may be established in areas in conformity with the comprehensive plan and having all of the following characteris- tics: -Areas served by water and sewer facilities, or if such facilities are reasonably available; -Areas served by major highway, rail or air service, or secondary road improved to standards approved by the county; and -Areas having clearly demonstrated suitability for intended uses with regard to physical characteristics and relationship to surrounding developmen=. In the establishment of any PD-IP district, the board of supervi- sors shall designate the category of uses which shall be permitted in each parcel, or part thereof~ which is the subject of the application for such amendment. PERMITTED USES BY RIGHT - CATEGORY I The following uses shall be permitted in any area designated as Category I os the approved application plan: Uses permitted by right shall include uses permitted by right in the LI light industry district~ BY SPECIAL USE PERMIT - CATEGORY I The following uses shall be permitted only by special use permit provided that no separate application shall be required for any use included on the approved application plan: (Araended 6-28-95) Uses permitted by special use permit in the LI light indus- try district; 2o Hotels, motels, inns (reference 9°4.2). (Added 6-28-95) BY RIGHT - CATEGORY II The following uses shall be permitted in any area designated as Category II on the approved application plan: Uses permitted by right shall include uses permitted by right in the LI light industry district and the HI heavy industry district. -171- Suppo #79, 6128-95) 29°2.4 29.3 29 °4 29~5 BY SPECIAL USE PERMIT - CATEGORY II Uses by special use permit shall include uses permitted by special use permit in the LI light industry district and the HI heavy industry district; provided that no separate application shall be required for any use included on the approved application plano MINIMUM AREA REQUIRED FOR CREATION OF DISTRICT Minimum area required for creation of a PD-IP district shall be fifty (50) acres; provided, however that when an initial PD-IP district has been created, incremental additions ~o such district shall be permitted if such incremental addition adjoins and forms a logical addition to the existing district. NUMBER OF PERMITTED USES The number of permitted uses shall not exceed the total number of ~cres within the district divided by ~en (10). ADDITIONAL REQUIREMENTS In addition ~o requirements contained herein~ the requirements of sections 8.0 and 26.0 shall apply to all PD-IP districts. In addition to materials required by section 8.5.1, a ~ransportation analysis plan shall be submitted with the application for PD-IP district designation° Such plan shall show: projected automobile and truck traffic generation; percent of truck traffic by type; internal and access point turning movement; general alignments of internal roads; rights-of-way widths and roadway typical sections including base strength designs; proposed improvements to the existing transportation network; percentage estimate of traffic distribution to and from the site on external roads; bus and car pool programs, if any. The phasing of improvements enumerated an this section shall be indicated on the plan. -172-176- (Suppo #44~ 10-12-88) 29.0 29.1 29.2 29.2.1 29~2.2 29.2.3 pLANNED DEVELOPMENT - INDUSTRIAL PARK - PD-IP INTENT, WHERE PERMITTED PD-IP districts are hereby created and may hereafter be estab- lished by amendment to the zoning map to permit a variety of industrial uses, together with certain uses ancillary thereto, which are compatible with and do not detract either from each other or from surrounding districts. It is intended that PD-IP districts may be established in areas in conformity with the comprehensive plan and having all of the following characteris- tics: -Areas served by water and sewer facilities, or if such facilities are reasonably available; -Areas served by major highway, rail or air service, or secondary road improved to standards approved by the county; and -Areas having clearly demonstra=ed suitability for intended uses with regard to physical characteristics and relationship to surrounding development. In the establishment of any PD-IP district, the board of supervi- sors shall designate the category of uses which shall be permitted in each parcel, or part thereof~ which is the subject of the application for such amendment° PERMITTED USES BY RIGHT - CATEGORY I The following uses shall be permitted in any area designated as Category I on the approved application plan: Uses permitted by right shall include uses permitted by right in the LI light industry district. BY SPECIAL USE PERMIT - CATEGORY I The following uses shall be permitted only by special use permit provided that no separate application shall be required for any use included on the approved application plan: (Amended 6-28-95) Uses permitted by special use permit in the LI light indus- try district; 2. Hotels, motels, inns (reference 9.4.2). (Added 6-28-95) BY RIGHT - CATEGORY II The following uses shall be permitted in any area designated as Category II on the approved application plan: Uses permitted by right shall include uses permitted by right in the LI light industry district and the HI heavy industry district. -171- 8upp. ~79, 6228,95) 29.2.4 29.3 29°4 29.5 BY SPECIAL USE PERMIT - CATEGORY II Uses by special use permit shall include uses permitted by special use permit in the LI light industry district and the HI heavy industry district; provided that no separate application shall be required for any use included on the approved application plan. MINIMUM AREA P~QUIRED FOR CREATION OF DISTRICT Minimum area required for creation of a PD-IP district shall be fifty (50) acres; provided, however that when an initial PD-IP district has been created, incremental additions to such district shall be permitted if such incremental addition adjoins and forms a logical addition to the existing district. NUMBER OF PERMITTED USES The number of permitted uses shall not exceed the total number of acres within the district divided by ten (10)o ADDITIONAL REQUIREMENTS In addition to requirements contained herein, the requirements of sections 8.0 and 26.0 shall apply to all PD-IP districts° In addition to materials required by section 8.5.t, a transportation analys~s plan shall be submitted with the application for PD-IP district designation. Such plan shall show: projected automobile and truck traffic generation; percent of truck traffic by Type; internal and access point turning movement; general alignments of internal roads; rights-of-way widths and roadway typical sections including base strength designs; proposed improvements to the existing transportation network; percentage estimate of traffic distribution to and from the site on external roads; bus and car pool programs, if any. The phasing of improvements enumerated in this section shall be indicated on the plan. -172-176- (Suppo ~44, 10-12-88) COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 {804 296.5843 FAX (804/296-$800 Charles S. Martin Walter F. Perkins Sally H. Thomas MEMO TO: Board of Supervisors FRO~: Ella W. Carey, DATE: July 12, 1995 SUBJECT: Supplement No. Clerk, CMC 79 to the Zoning Ordinance Attached are amended sheets to be placed in your copy of the Zoning Ordinance. These changes are occasioned by the amendments adopted on June 28, 1995, relating to special use permit. EWC/tpf OC: Robert W. Tucker, Jr. (1) Riohard Huff, II (1) Larry W. Davis (3) Water Resources Manager (1) V. Wayne Cilimberg (12) Amelia McCulley (1) Clerk (3) Printed on recycled paper 29.0 29.1 29.2 29.2.1 29.2.2 29.2.3 PL~/qNED DEVELOP~ENT - I~DUS~RIAL PARK - PD-IP INTENT, WHERE PERMITTED PD-IP districts are hereby created and may hereafter be established by amendment to the zoning map to permit a variety of industrial uses, together with certain uses ancillary thereto, which are compatible with and do not detract either from each other or from surrounding dis- tricts. It is intended that PD-IP districts may be estab- lished in areas in conformity with the comprehensive plan and having all of the following characteristics: -Areas served by water and sewer facilities, or if such facilities are reasonably available; -Areas served by major highway, rail or air service, or secondary road improved to standards approved by the county; and -Areas having clearly demonstrated suitability for intended uses with regard to physical characteristics and relation- ship to surrounding development. In the establishment of any PD-IP district, the board of supervisors shall designate the category of uses which shall be permitted in each parcel, or part thereof, which is the subject of the application for such amendment. PERMITTED USES BY RIGHT - CATEGORY I The following uses shall be permitted in any area designated as Category I on the approved application plan: 1. Uses permitted by right shall include uses permitted by right in the LI light industry district. BY SPECIAL USE PERMIT - CATEGORY I Uses permitted by special use permit shall include uses permitted by special use permit in the LI light industry district; provided that no separate application shall be required for any use included on the approved application plan. BY RIGHT - CATEGORY II The following uses shall be permitted in any area designated as Category II on the approved application plan: Uses permitted by right shall include uses permitted by right in the LI light industry district and the HI heavy industry district. -171- (Supp. ~44, 10-12-88) 29.2.4' 29.3 29.4 29.5 BY SPECIAL USE PERMIT - CkTEGORY II Uses by special use permit shall include uses permitted by special use permit in the LI light industry district and the HI heavy industry district; provided that no separate application shall be required for any use included on the approved application plan. MINIMUM AREA REQUIRED FOR CREATION OF DISTRICT Minimum area required for creation of a PD-IP district shall be fifty (50) acres; provided, however that when an initial PD-IP district has been created, incremental additions to such district shall be permitted if such incremental addition adjoins and forms a logical addition to the existing district. NUMBER OF PERMITTED USES The number of permitted uses shall not exceed the total number of acres within the district divided by ten (10). ADDITIONAL REQUIREMENTS In addition to requirements contained herein, the require- ments of sections 8.0 and 26.0 shall apply to all PD-IP districts. In addition uo materials required by section 8.5.1, a transportation analysis plan shall be submitted with the application for PD-IP district designation. Such plan shall show: projected automobile and truck traffic generation; percent of truck traffic by type; internal and access point turning movement; general alignments of in- ternal roads; rights-of-way widths and roadway typical sections including base strength designs; proposed improve- menus to the existing transportation network~ percentage estimate of traffic distribution to and from the site on external roads; bus and car pool programs, if any. The phasing of improvements enumerated in this section shall be indicated on the plan. -172-176- (Supp. $44, 10-12-88) June 8, 1995 COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mclntire Road Charlottesville, Virginia 22902-4~96 (8041 296-5823 ~i~ribu~ed ~ ~g~,d~ item Robert W. & Mildred A. Couch. Jr 4886 Richmond PCoad Keswick, VA 22947 RE: SP-95-06 Robert Couch, Jr Tax Map 79A(1), Section C, Parcels 10 & 11 Dear Mr. & Mrs. Couch: The Albemarle County Planning Commission, at its meeting on June 6, 1995, unknously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: Approval is for an expansion not to exceed: a second story to the existing building, the floor area of which shall not exceed the floor area of the existing building; and a storage building not to exceed 1;664 square feet in total floor area. Either the storage building or second floor expansion as described in #1 above shall comply with the provisions of Section 31.2.4.4 or this approval shall be deemed null and void. Upon satisfaction of#2 above, the applicant shall have not more than 5 years fi:om date of approval of this petition to complete construction of all expansion granted herein; Staff approval of sketch plan drawn to a scale of 1" = 20' including but no~ limited to: a. Area for back-up drainfield as approved by the Virginia Department of Health; b. Paving of entrance fi:om US Route 250 to parking area and upgrading entrance to current Virginia Department of Transportation geometric standards. Page 2 June 8, 1995 Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on JUNE 21 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 cm3tacr me. Sincerely, Ronald S.Keeler Chief of Pla~'mg RSK/jcw ce: Ella Carey Jo Higgms Amelia McCulley STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: RONALD S. KEELER JUNE 6, 1995 JUNE 21, 1995 SP-95-06 - ROBERT COUCH, JR. APPLICANT'S PROPOSAL: The existing antique shop is non-conforming. This request is to allow construction ora 32' x 52' storage building (1664 square feet) and second story addition to the existing building C~- 3,615 square feet). Storage building conswaction would be immediate; second story addition, dependent on business, would occur within five years (see Attachment B). PETITION: ,Robert Couch, Jr. petitions the Board of Supervisors to permit expansion of an existing antique shop [10.2.2(36)] on approximately 1.2 acres zoned P.A, Rural Areas and EC, Entrance Corddor~Overlay District. Property, described as Tax Map 79A(1), Section C, Parcels 10 & 11, is located on the north side of Route 250 East approximately 0.5 mile east of the entrance to the Glenmore development 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 + 3,615 square foot antique shop and a mobile home (The mobile home is occupied by the prior property owner under life rights arrangement). For sketch of property development, see Attachment C. The property is in the northwest intersection of Rome 250 East and Route 730. Across Route 730 to the east is the~ Moose Lodge. A dwelling and antiques/furniture shop are to the west. On the south side of Route 250 East are three dwellings and an upholstery shop. Route 250 East between Route 22 and the Fluvanna County line is generally a combination of larger tracts and small lot rural development. Several commercial buildings, constructed prior to Interstate 64 and County zoning regulation, are located along this road segment. Most have had variable uses in the past and some have become conforming through special use permit review. RECOMMENDATION: Staff has reviewed this proposal for satisfaction of 31.2.4.1, criteria for issuance of a special use permit, and recommends approval with conditions. PLANNING AND ZONING HISTORY: This site has not received any approvals from the County except under the non-conformity provisions. While the building has been used for antique sales for several years, other tourist-oriented uses pre-dated the antique sho~. COMPREHENSIVE PLAN: The Comprehensive Plan contains no guidelines for commercial uses allowed in the RA zone. Over the years, through review, staff has developed historical guidelines for review and this proposal is consistent with those guidelines. The Rivanna Village is situated southwest of this site. A concern, reflected in the Comprehensive Plan text for the Village, was commercial development in the area. Staff opinion is that this language was not intended to preclude expansion of existing rural corranercial uses. .REVIEW AND COMMENT: Staffwill address each provision of Section 31.2.4.1 of the Zoning Ordinance. The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property. The purpose of this petition is to allow expansion of an existing use. As stated previously, adjacent or in close proximity are an antique/furniture shop, Moose Lodge and upholstery shop. Staff is unaware of any negative aspects generated by the amique shop and cannot identify any aspect of expttnsion which would be detrimental to adjacent property. The applicant has obtained signatures from a~djoining owners indicating no objection (Attachment D). that the character of the district will not be changed thereby, Expansion of the antique shop would not change the character of agricultural/forestal or residential uses in the area. Due to the number of non-residential uses in the immediate area, staff opinion is that character in regard to usage is not changed. Expansion will require ARB approval to ensure consistency with Entrance Corridor aesthetic considerations. and that such use wilt be in harmony with the purpose and intent of this ordinance, The Comprehensive Plan and subsequently the statement of intent of the RA zone emphasize four purposes of the Rural Areas: Preservation of agricultural and forestal lands and activities; Water supply protection; Limited service delivery to rural areas; and Conservation of natural, scenic, and historic resources. Allowance is made for several uses, not supportive of these four purposes, by special use permit. Therefore, staffreview focuses on whether or not a particular proposal is significantly contrarjt to these four purposes. Staffis unable to identify any significant contrary aspect of this proposal. It should be noted regarding the scale of the proposal that ultimate development as proposed would result in almost 8,900 square feet gross building area which would be among the larger "girl, craft, antique shop" uses approved to date in the Rural Areas. Eastoffs Antiques/Furniture to the west contains 16,800 square feet of floor area in two buildings. In addition to the intent of the Rural Areas, staff has reviewed this proposal for consistency with Section 1.4,. 1.5, & 1.6 of the Zoning Ordinance. While the proposal is viewed as consistent with most criteria, discussion of possible inconsistencies will be provided under "public health, safety and general welfare." 2 with uses permitted by-right in the district, Based on previous commem, staffopinion is that the proposal will have no negative impact on permitted uses in the area. with additional regulations provided in Section 5.0 of [the Zoning Ordinance]. Section 5.0 contains no additional regulations applicable to this use. and with the public health, safety and general welfare Positive findin~g under this criterion warrants discussion of two (2) issues-access and intensity of development. Access: The Department of Transportation has provided comment regarding entrance improvements (Attachment E), Virginia Department of Transportation has recommended: a left turn lane; reservation of right-of-way; and entrance improvements. Neither Engineering or Planning staff support requirement of a left turn lane. Staff has reviewed all other non-farm/non-residential entrances along Route 250 East from Route 22 to the Fluvanna County line and, with exception of the Glenmore entrance (_+ 7,500 vehicle trips per day) no other entrance is served by a left turn lane. Virginia Department of Transportation has stated the use does not warrant a left turn lane, but expresses concern as to increasing traffic volumes and ' safety in the corridor. Should the Planning Commission and Board share this concern, it is recommended that Virginia Department of Transportation be requested to develop interim policies to address traffic issues as was done under the 1979 US Route 29 North Corridor Study which provided basis for consistent treatment of access issues since its adoption. Regarding reservation of right-of-way for future possible upgrading to four lanes no potential right-of-way limits have been established. While no improvements are shown closer to Route 250 than currently situated, staff`will not support parking expansion closer to the roadway than currently exists for general purposes of safe and convenient access and circulation. Regarding improvement to the existing entrance, staff agrees that the entrance should be improved to current Virginia Department of Transportation geometrics (i.e. 25~ radii; 30' width). Staff recommends the entrance be paved to the parking area rather than the edge of right-of-way to allow vehicles traveling at higher speeds to safely emer the site. Intensity of Developme~n_t: This site is currently nonconforming in terms of the: minimum lot size required in the Rural areas (Section 10_0) and minimum area required for two uses not served by central water or sewer. The BOCA building code does not require provision of public restrooms for this use or expansion; the applicant does not intend to provide public restroom. Staff`is concerned thai additional development not encroach upon back-up drainfield area, if any exists (This particular area of the County generally has demonstrated soils characteristics not conducive to septic systems). 3 Due to additional costs, staff has not requested demonstration that the site can be developed as proposed under site plan and other regulations (ministerial review) prior to disposition of special use permit review (legislative decision). Staffwill propose conditions which will permit the applicant to pursue development of the property to the extem practical under County regulation. That is to say, conditions will offer the applicant decision as to how to develop the property under County regulation. SUMMARY: Staffwill summarize this petition in terms of aspects favorable and unfavorable to the proposal: FAVORABLE: The request generally satisfies the criteria for positive findings to issue a special use permit; The request is consistent with historical reviews related to location of tourist-oriented businesses. Route 250 East is an EC, Entrance Corridor indicating by Code language, a significan[ volume of tourist traffic. While significant expansion is proposed, approval would allow the County to require compliance with current regulations. Disapproval would permit reliance upon nonconformities provisions including any outdoor display not abandoned for more than two years. UNFAVORABLE: Staffhas expressed concern as to the viability of the proposed expansion in terms of lot size/soils vs. additional building/parking area coverage, however, believes that these issues can be adequately addressed through ordinance operation (Easton's antiques/furniture has C-t zoning which permitted expansion by-right and expansion was satisfactorily accommodated under sketch plan). RECOMMENDED ACTION: Staff recommends approval subject to the following conditions: Approval is for an expansion not to exceed: a second story to the existing building, the floor area of which shall not exceed the floor area of the existing building; and a storage building not to exceed 1,664 square feet in total floor area. Either the storage building or second floor expansion as described in #1 above shall comply with the provisions of Section 31.2.4.4 or this approval shall be deemed null and void. 3. Upon satisfaction of#2 above, the applicant shall have not more than 5 years from date of approval of this petition to complete construction of all expansion granted herein; 4. Staff approval of sketch plan drawn to a scale of 1" = 20' including but not limited to: a. Area for back-up drainfield as approved by the Virginia Department of Health; b. Paving of entrance from US Route 250 to parking area and upgrading entrance to current Virginia Department of Transportation geometric standards. ATTACHMENTS: 1. Attachmer/t A - Location and parcel maps 2. Attachment B 7 Applicant's proposal 3. Attachment C - Sketch of existing/proposed development 4. Attachment D ~ Signatures of adjoining property owners 5. Attachment E - VDOT comment. I:\GENERAL\SHAREXJ3ARBARA~ROBERT-C.RPT 5 ALBEMARLE 64 \ ---~\ \ , RIVANNA AND 'TSVILLE DISTRICTS · RIVANNA D ALBEMARLE COUNTY _ SP-95-06 Robert Couch, Jr II -- ROYAL ACRES D.B 280, Pg.5~5 RIVANNA DISTRICT SECTION 79AI ,! z 0 c 0 c S46012'(~0-W 250.00' r- ...4 ST/~ TE .-I IT1 ('3 LOT ii r- .~1 ~b.2o~ ROUTE 730 {EAST KESWICK DRIVE} 0 0 r A~TACHMENT BI Mr. and Mrs. R.W. Couch, Jr. 4886 Richmond Road Keswick, VA 22947 14. March 1995 Albemarle County Office Building Mclntire Road Charlottesville, VA 22902 To whom it may concern: We, Robert W. Couch, Jr. and Mildred A. Couch, request permission to build a 32' X 52' storage building as indicated in the sketch marked storage. We also request permission to build a second floor on the existing building as shown in the sketch within the next five years. This building is being operated as an antique shop, presently called A & W Collect- ables, trader the grandfather clause, special use permit licensed to Mildred A. Couch. If these requests are not acceptable, please indicate acceptable alterations for growth and storage for the existing business. Sincerely, Robert W. Couch, Jr. and Mildred A. Couch CC: County of Albemarle Planning and Zoning County Supervisors I ATTACHPIENT C I Iv'EL · I0/.,/FROt4 Efy..~E OI= / TELEPHONE P~LE second floor or storage building to be built on the east side of the exist'rog building, (A&W Collectables,) in Royal Acres subdivision, lots 10 and 11, owned by Robert W. and Mildred A. Couch, the current usage of which is antiques and collectables, signature 2of 6 I, ~c~/:~ .J~/~{~ A,/ '3~'/ ye no objection to the addition of a second floor or storage building to be built on the east side of the existing building, (A&W Collectables,) in Royal Acres subdivision, lots 10 and 1t, owned by Robert W. and Mildred A. Couch, the current usage of which is antiques and collectables. signature ~c~6 second floor or storage building to be built on the east side of the existing building, (A&W Collectables,) in Royal Acres subdivision, lots 10 and 11, owned by Robert W. and Mildred A. Couch. the current usage of which is antiques and collectables. )~?r~/~:/~,9_~ date signature 4 Of 6 second floor or storage building to be built on the east side of the existing building, (A&W Collectables,) in Royal Acres subdivision, lots 10 and 11, owned by Robert W. and Mildred A. Couch, the current usage of which is armques and collectables. signature 5of6 I, (-~- ~-.~.~-,~'/~'//'~ , have no objection to the addition of a second floor or storage building to be built on the east side of the existing building, (A&W Collectables,) in Royal Acres subdivision, lots 10 and 11, owned by Robert W. and Mildred A. Couch, the currem usage of which is antiques and collectables. ~-~, //~/~- signature 6of6 I ....... have no objection to the addition of a second floor or storage building to be built on the east side of the existing building, (A&W Collectables,) in Royal Acres subdivision, lots 10 and 11, owned by Robert W. and Mildred A. Couch, the current usage of which is antiques an~t collectables. '~/~'~~:5:7~ signature <~/~/~ date COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22902-4596 ~804) 296-5843 FAX (804) 296-8800 13, 1995 Charles S. Martin Walter F. Perkins Sally H. Thomas TO THE PROPERTY OWNERS ADDRESSED: This is to provide notice uo you, as an adjacent properuy owner, that Sp-95-06 - Robert Couch, Jr., has been rescheduled for public hearing due uo an advertising error. The petition is described as follows: SP-95-06. Robert Couch, Jr. To permit expansion of existing antique shop & outdoor display of merchandise on approx 1.2 ac zoned RA & EC located on N sd of Rt 250E approx 0.5 mi E of entrance uo Glenmore dvlp. TM79A1,Ssc C,P'sl0&ll. Rivanna Dist. The Board of Supervisors will hear this petition on Wednesday, June 28, 1995. The meeting will be held au 7:00 P.M., in Meeting Room ~241 (formerly Room 97), Second Floor, County office Building. If you should have any comments or questions, please do no= hesitate to contact the undersigned. cerely, Ella W. Carey, Clerk EWC:mms cc: Bernard E or Alice S Easton Frederick N or Charlotte J Leach Fays C Hensley Herbert S Smith B L & E Grant Cosner V Wayne Cilimberg Ronald S Keeler Printed on recycled paper COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mc[ntke Road Charlottesville, Virginia 22902-4596 (804) 296-8843 FAX (804) 296-5800 June 13, 1995 CharlesS. Mar~n Walter F, Perkins Sa~ H. Thomas Robert W. and Mildred A. Couch 4886 Richmond Road Keswick, VA 22947 Dear Mr~ and Mrs. Couch: This letter is to notify you that SP-95-06 - Robert Couch, Jr., has been rescheduled for public hearing due to an advertising error. The request will be heard by the Board of Supervisors on WEDNESDAY, June 28, 1995. The meeting will be held at 7:00 p.m., Second Floor, County Office Building, Virginia. Meeting Room #241 (formerly Room ~7) ~ 401 McIntire Road, Charlottesville, YOU OR YOUR REPRESENTATIVE MUST BE PRESENT AT THIS MEETING. We are sorry for any inconvenience this may have caused. If you should have any questions or concerns, please do no5 hesitate to contact the undersigned. EWC:mm~ cc: V. Wayne Cilimberg Ronald S~ Keeler acerely' P~inted on recycled paper May 24, 1995 COUNTY OF ALBEMARLE Dept. of Planning &: Community Development 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296~5823 Michael T. Waroblak Institute of Textile Technology 2551 Ivy Road Charlottesville, VA 22903-461 RE: SP-95-07 Institute of Textile Technology Dear Mr. Waroblak: The Albemarle County Planning Commission, at its meeting on May 23, 1995, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following condition: 1. Enrollment is limited to forty (40) students. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on JUNE 21. 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 heating date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, /, /~-' William D. Fritz Senior Plan~er / cc: Ella (2'arey ./ Jo Higgins Amelia McCulley Dan J. McCreight STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: WILLIAM D. FRITZ MAY 23, 1995 JUNE 21, 1995 SP 95-07 INSTITUTE OF TEXTILE TECltNOLOGY Applicant's Proposal: The existing school is nonconforming. This request is to br'mg the school into compliance with the zon'mg ordinance to allow for expansion of the library. The expansion of the library is to allow for continued accreditation of the school. The applicant has provided a description of the request which provides detail on the operations of the school. Petition: The Institute of Textile Technolog3r petitions the Board of Supervisors to issue a special use permit for a school of special instruction ~23.2.2(6)] on approximately 12.5 acres zoned CO, Commercial Office and EC, Entrance Corridor Overiay District. Property, described as Tax Map 60, Parcel 28, is the location of the Institute of Textile Technology. This site is located in the Samuel Miller Magisterial District° Character of the Area: This site is developed with several buildings used for the school. The adjacent site is the location of the Kappa Sigma headquarters. The railroad forms the northern border of the site. RECOMMENDATION: Staff has reviewed this request for compliance with the provisions of Section 31.2.4.1 of the Zoning Ordinance and recommends approval. Planning and Zoning History: This site has not received any approvals from the County. The school has been located on this site since the 1940's. Comnrehensive Plan: The Comprehensive Plan land use plan indicates the front portion of this site as office service and the rear portion as Rural Areas. This area was not included in the growth area as it is in the reservoir watershed. This site was granted urban zoning to reflect the existing use of the site. REVIEW AND 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 tkqe permits permitted hereunder. Special use permits for uses as provided in this ord'mance may be issued ut~on a finding by the Board of Supervisors that such use will not be of substantial detriment to ad_latent ~ropertv, The purpose of this application is to make conforming an existing use which predates zoning m the County and allow for expansion of the school's facilities, maintaining the vitality of the school. Staff is unaware of any negative impacts generated by the school currently and is unable to identify any impacts approval of this request would have on adjacent property. that the character of the district will not be changed thereby. In the Comprehensive Rezoning in 1980 this site was zoned CO in recognition of the u~sem Approval of this permit will not change the character of the school's operation and should have no impact on the character of the district. and that such use will be in harmony with the purpose and intent of this ordinance. Staff has reviewed the purpose and intent of the Ordinance as stated in Sections 1.4, 1.5 and 1.6. Staff opinion is that approval of this request is consistent with the purpose and intent of the ordilmnce in regards to the provision of adequate schools. The ordinance also speaks to the encouragement of economic development. This facility does provide employment and economic development in the County. Staff has also considered this school's research and testing facilities as supportive of the domestic textile industry as a whole. with the uses permitted by right in the district. Staff opinion is that approval of this request will have no negative impact on permitted uses on this or other parcels in the area° with additional regulations vrovided in Section 5.0 of this ordinance. Section 5.0 contains no additional regulations. and with the public health, safety and general welfare. The Virginia Department of Transportation (VDOT) has provided comments regarding this special use permit (Attachment D). VDOT has stated concern that increased enrollment at the site could generate the need for improvements to the enhance. This special use permit does not contemplate facilities which are capable of supporting an increased enrollment. In fact enrollment at the school has remained steady for a number of years at approximately 30 to 35 students. Discussions with the school indicate that the number of students in the near future is likely to decrease. Any facilities which would be proposed to support a larger enrollment would reqmre County site plan approvals which could incorporate improvements to the entrance if deemed necessary. In order to address the concerns of the Department of Transportation, staff is recommending flint enrollment be limited to 40 students. This is greater than the existing enrollment, but is reflective of past activities. This site is currently served by public water and private septic. (This site is located in the jurisdictional area for water only). The limitation on the number of students will prevent increases in enrollment without additional review of the septic system. No adverse impact on the public health is anticipated as currently the site is in operation with no limitations on eurollment. Staff opinion is that this request will not have a negative effect on the public health, safety or welfare. SUMMARY: Staffhas identified the following factors in favor of tins request: 1. The request is in accord with the provisions of Section 31.2.4.1; 2. The request makes conforming a use winch has existed on this site for a number of years; The request allows for the continued vitality ora use which is supportive of the economy as a whole. Staff has identified the following factor which is unfavorable to this request: The site is not entirely- located in a designated growth area due to a location of part of the site in the South Fork Rivauna Reservoir Watershed. Staff would consider approval of a special use permit to establish a school on a vacant parcel not in a designated growth area and in the reservoir watershed as inconsistent with County policy. However, tins permit makes conforming a use which predates all County Zoning. Staff can identify no intent on the part of the Board of Supervisors to make the school non-conforming when the current zoning was adopted. In fact, staff opinion is that the Board of Supervisors placed CO zoning on this site in recognition of the school. -Staff opinion is that approval of ~hi~ special use permit would be consistent with the actions taken by the Board in the 1980 comprehensive rezoning to establish zoning on developed parcels which is reflective of their use. RECOMMENDED ACTION: Based on the above comments and the review of Section 31.2.4.1 of the Zoning Ordinance staff recommends approval of this request. Staff recommends the following condition: RECOMMENDED CONDITION OF APPROVAL: 1. Enrollment is limited to forty (40) students. ATTACHMENTS: A - Location Map B - Tax Map C - Applicants Information D - VDOT Comment A:\SP9507.RPT COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclnfire Road Charlottesville, Virginia 22902-4596 (804} 296-5843 FAX (804} 296-5800 June 13, 1995 Charles S. Martin Walter F. Perkins Sal¥ H Thomas TO THE PROPERTY OWNERS ADDRESSED: This is to provide notice to you, as an adjacent properny owner, that SP-95-07 Institute of Textile Technology has been rescheduled for public hearing due to an advertising error The petition is described as follows: 8P-95-07. Institute of Textile Technology. Reques5 for school of special instruction on approx 12.5 ac zoned CO & EC located on Rt 250W. Property is site of ITT. TM60,P28. Samuel Miller Dist. The Board of Supervisors will hear this petition on Wednesday, June 28, 1995. The meeting will be held an 7:00 P.M., in Meeting Room $241 (formerly Room #7), Second Floor, County Office Building. If you should have any commenus or questions, please do not hesitate to contact the undersigned~ Sincerely, Ella W. Carey, EWC:mms cc: Ednam Associates Ednam Community Association, Inc. Farmington Country Club Kappa Sigma Memorial Foundation University of Virginia Real Estate Foundation V Wayne Cilimberg V~liam D. Fritz Printed on recycled paper DaSd P. Bowennan Charlotte Y. Humphris COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX ~804'1 296-5800 Ju/le 13, 1995 Charles S. Martin Walter F. Perkins Sally H. Thomas Mr. Michael T. Waroblak Institute of Textile Technology 2551 Ivy Road Charlottesville, VA 22903 Dear Mr. Waroblak: This letter is to notify you that SP-95-07 - Institute of Textile Technology has been rescheduled for public hearing due to an advertising error. The request will be heard by the Board of Supervisors on WEDNESDAY, June 28, 1995~ The meeting will be held at 7:00 p.m., Meeting Room ~241 (formerly Room ~7) ~ Second Floor, County Office Building, 401 McIntire Road, Charlottesville, VirginIa. YOU OR YOUR REPRESENTATIVE MUST BE PRESENT AT THIS MEETING. We are sorry for any inconvenience this may have caused. If you should have any questions or concerns, please do not hesitate to contac~ the undersigned. EWC:mms cc: V. Wayne Cilimberg William D. Fritz Dan J. McCreight S~,cerely, ~ E~~ey, Clerk, C~~ Printed on recycled paper June 8, 1995 COUNTY OF ALBEMARLE Dept. of Planning & Comraunity Development 401 Mclntire Road Charlottesville, Virginia 22902~4596 (8041 ~96-5823 Pete Bradshaw ' Keswick Corporation 701 Club Drive Keswick, VA 22947 SP-95-12 Keswick Corporation & Laura Yergan Tax Map 80, Parcels 8, 8C1, 8D2, 8D3, 8D4, 8J, 8C, 8Z, 21A, 27, 29, 31, 41, 43, 4lA, 60, 60A, 61Al, 61, 62, 69, 70, 70A, 90, 93, 94, 95, 96, 97, 98, 100, 106, 109A and Tax Map 94, Parcel 42A Dear Mr. Bradshaw: The Albemarle County Planning Commission, at its meeting on June 6, 1995, by a vote of 4-2, recommended denial of the above-noted petition to the Board of Supervisors. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on JUNE2..I, 1995. Any new or additional information regarding yoar application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled bearing date. If you should hav~ any qnestions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Yolanda Hipski Planner cc: Ella Carey Laura Yergan Jo Higgins Amelia McCulley STATE AND LOCAL GOVERNMENT CONFLICT OF INTERESTS ACT ~ANSACTIONAL DISCLOSURE STATEMENT for officers and Employees of Local Government [Section 2.1-639.14 (E) ] 4. Transaction: 5. Nature of Personal Interest Affected by Transaction: 6, I declare that: Dated: 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. Jm~e 20, 1995 Members of the Albemarle County Board of Supervisors 401 Mclntire Road Charlottesv/lle, VA 22902 Dear Board Member: The purpose of this letter is to express my support for Spec/al Use Permit 95-12 by Keswick Corporation and Mrs. Laura Yergan. it is my understandkng that the purpose of this Special Use Penn/t application is to allow Keswick Corporation to incorporate several important changes into/ts existing master plan. t have ex~m/ned the proposed plan and believe it to be a sigrdficant improvement over the plan approved in 1993 for the following reasons: 1). Delet/on of the nine hole golf course expansion will prevent the clearing of mature forest which buffer th~ estate from both I - 64 and other residential subdiv/sions adjacent to Kesw/ck. 2). Redesign of the lot layout with frontage orientation to Club Drive will allow for the creation of a 127 acre open space system 85% of which protects both the 1-64 entry corridor to the County and provides for open space along Route 744. 3). Since 1993, Keswick Corporation has acqu/red approximately 17 acres wkich are proposed to be added to this plan. Part of th/s acquisition will allow for a connector road from Club Drive to the land on the east side of Broadmoor Lake. Without this Connector an additional crossing of the 100 year flood plain of Carrol Creek will be requ/red. 4). The proposed plan doeg not fi~crease res/dent/al dens/t/es beyond that wk/ch could theoreticalIy be ach/eyed "by r/ght" in the rural areas as descr/bed in tile County Zoning ~)rdinance w/th~~fl~~l~ Th/s pam'cular plan, w/tll 85 res/dent/al lots instead of tile current 75, does however requ/_re the Board of Superv/sors to grant more development r/ghts than can be ach/eyed "by r/ght" on six parcels of record. It appears to be in tile best interest of all part/es to allow for these addit/onal development r/ghts. To do so will al/ow for an approved plan wh/ch is more env/ronmentally sensitive (delet/on of nine hole golf course expansion and 5,400 linear feet of roads plus associated water and sewer) and does not negatively/-mpact the character of the neighborhood. I also believe the Board should reco~zize the sign/ficant contr/bution that S/r Bernard Askley has made to the commtm/ty since his purchase of Kesudck in I990. The transformation of tile old Kesw/ck Club and creation of a f~rst class res/dent/al commun/ty is truly a remarkable accomp//shment. Everything has been done w/th attention to qual/ty. TMs applicat/on shoed be received favorable ~ven the excellent track record of S/r Bernard and Ms staff. Every comm/tment made to the County since 1990 has been fulfilled. For your con'~en/ence I have/ncluded a summary of the proposed land use wh/ch is as follows: 1). Club Expansion Site 2). Ex,/sting Golf 3). 85 Resident/al Lots 4). New Road R/ght-Of-Ways 5). GotfMa/ntenance Site 6). Wastewater Treatment Site 7). Open Space System 17.5 acres (approved) I39.0 acres 224.7 acres 16.6 acres 5.6 acres (approved) 4.8 acres (approved) 127.0 acres I thank you for your consideration of th/s matter and hope for approval of the Keswick appl/cat/on on'June 28th. Sincerely, June 20, 1995 Members of the Albemarle County Board of Supervisors 401 Mclntire Road Charlottesville, VA 22902 Dear Board Member: The purpose of this letter ss to express my support for Special Use Permit 95-12 by Keswick Corporation and Mrs. Laura Yergan. It is my understand/ng that the purpose of this Special Use Permit application is to allow Keswick Corporation to incorporate several important changes into its existing master plan. I have examined the proposed plan and believe it to be a significant improvement over the plan approved in 1993 for the following reasons: 1). Deletion of the nine hole golf course expansion will prevent the clearing of mature forest which buffer the estate from both I - 64 and other residential subdivisions adjacent to Keswick. 2). Redesign of the lot layout with lkontage orientation to Club Drive will allow for the creation of a 127 acre open space system 85% of which protects both the 1-64 entry corridor to the County and provides for open space along Route 744. 3). Since 1993, Keswick Corporation has acquired approximately 17 acres which are proposed to be added to this plan. Part of ttds acquisition will allow for a connector road from Club Drive to the land on the east side of Broadmoor Lake. Without this connector an additional crossing of the t00 year flood pJ~in of Carrol Creek will be required. 4). The proposed plan does not increase residential dens/ties beyond that which could theoretically be achieved "by right" in the rural areas as described in the County Zoning Orrtinance grithin the boundary, of the entire property,. This particular plan, with 85 residential lots instead of the current 75, does however require the Board of Supervisors to grant more development rights than can be achieved "by right" on six parcels of record. It appears to be in the best interest of all parties to allow for these additional development rights. To do so wilt allow for an approved plan which is more environmentally sensitive (deletion of nine hole golf course expansion and 5,400 linear feet of roads plus associated water and sexver) and does not negatively impact the character of the neighborhood. I also believe the Board should recognize the sign/ficant contribution that Sir Bernard Ashley has made to the community since his purchase of Keswick in 1990. The transformation of the old Keswick Club and creation of a first class residential community is truly a remarkable accomplishment. Everything has been done with attention to quality. This application should be received favorable given the excellent track record of Sir Bernard and his staff. Every commitment made to the County since 1990 has been fulfilled. For your conVenience I have included a summary of the proposed land use which is as follows: 1). Club Expansion Site 2). Existing Golf 3). 85 Residential Lots 4). New Road Right-Of-Ways 5). Golf Maintenance Site 6). Wastewater Treatment Si~e 7). Open Space System 17.5 acres (approved) 139.0 acres 224.7 acres 16.6 acres 5.6 acres (approved) 4.8 acres (approved) 127.0 acres I thank you for your consideration of th/s matter and hope for approval of the Keswick application on June 28th. Sincerely, June 20,1995 Members of the Pdbemarle County Board of Superv/sors 401 Mclntire Road Charlottesville, VA 22902 Dear Board Member: The purpose of th/s letter is to express my support for Special Use Permit 95-12 by Keswick Corporation and Mrs. Laura Yergan. It is my understanding that the purpose of this Special Use Penuit application is to allow Keswick Corporation to incorporate several important changes into its existing master plan. I have examined the proposed plan and believe it to be a significant improvement over the plan approved in 1993 for the following reasons: 1). Deletion of the me hole goff course expansion will prevent the clearing of mature forest which buffer the estate from both I - 64 and other residential subdivisions adjacent to Keswick. 2). Redesign of the tot layout with frontage orientation to Club Drive will allow for the creation of a 127 acre open space system 85% of which protects both the 1-64 entry corridor to the County and provides for open space along Route 744. 3). Since 1993, Keswick Corporation has acquired approximately 17 acres wkich are proposed to be added to this plan. Part of this acquisition will allow for a connector road from Club Drive to the land on the east side of Broadmoor Lake. Without this connector an additional crossing of the 100 year flood plain of Carrol Creek will be required. 4). The proposed plan does not increase residential densities beyond that which could theoretically be achieved "by r/ght" in th~ rural areas as described in the County Zoning Ordinance w/thin the boundary.of the entire property_. This particular plan, with 85 residential lots instead of the current 75, does however require the Board of Supervisors to grant more development rights than can be achieved "by right" on six parcels of record. It appears to be in the best interest of all parties to allow for these additional development right~. To do so will allow for an approved plan which is more environmentally sensitive (deletion Of nine hole golf course expansion and 5,400 linear feet of roads plus associated water and sewer) and does not negatively impact the character 0fthe neighborhood. I also bel/eve the Board should recognize the si~ificant contribution that Sir Bernard Ashley has made to the community since his purchase of Keswick in 1990. The transformation of the old Kesw/ck Club and creation of a first class residential community is truly a remarkable accomplishment. Everything has been done with attention to quality. This application should be received favorable given the excellent track record of Sir Bernard and his staff. Every commitment made to the County since 1990 has been fulfilled. For your convenience I have included a summary of the proposed land use which is as follows: 1). Club Expansion Site 2). Existing Golf 3). 85 Residential Lots 4). New Road R/ght-Of-Ways 5). Golf Maintenance Site 6). Wastewater Treatment Site 7). Open Space System 17.5 acres (approved) 139.0 acres 224.7 acres 16.6 acres 5.6 acres (approved) 4.8 acres (approved) 127.0 acres I thank you for your consideration of this matter and hope for approval of the Keswick apphcation on June 28th. Sincerely, Jm~e 20, 1995 Members of the Albemarle COunty Board of Supervisors 401 Mclntire Road Charlottesville, VA 22902 Dear Board Member: The purpose of this letter is to express my support for Special Use Permit 95-I2 by Keswick Corporation and Mrs. Laura Yergan. It is my understanding that the purpose of this Special Use Permit application is to allow Keswick Corporation to incorporate several important changes into its existing master plan. I have ex,mined the proposed plan and believe it to be a significant improvement over the plan approved in 1993 for the following reasons: 1). Deletion of the nine hole goff course expansion will prevent the clearing of mature forest which buffer the estate from both I - 64 and other residential subdivisions adjacent to Keswick. 2). Redesign of the lot layout with frontage orientation to Club Drive w/Il allow for the creation of a 127 acre open space system 85% of which protects both the 1~64 entry corridor to the County and provides for open space along Route 744. 3). Since 1993, Keswick Corporation has acquired approximately 17 acres which are proposed to be added to this plan. Part of this acquisition will allow for a connector road fi:om Club Drive to the land on the east side of Broadmoor Lake. Without this connector an additional crossing of the 100 year flood plain of Carrot Creek will be required. 4). The proposed plan does not increase residential densities beyond that which could theoretically be achieved "by right" in th~ rural areas as described in the County Zoning Ordinance ~thin the bom~dary of the entire property.. This particular plan, with 85 residential lots instead of the current 75, does however require the Board of Supervisors to grant more development rights than can be achieved "by right" on six parcels of record. It appears to be in the best interest of all parties to allow for these additional development rights. To do so will allow for an approved plan which is more environmentally sensitive (deletion of me liole golf course expansion and 5,400 linear feet of roads plus associated water and sewer) and does not negatively impact the character of the neighborhood. I also believe the Board should recognize the significant contribution that Sir Bernard Ashley has made to the community since his purchase of Keswick in 1990. The transformation of the old Keswick Club and creation of a first class residential commnnity is truly a remarkable accomplistunent. Everything has been done with attention to quality. This application should be received favorable given the excellent track record of Sir Bernard and his staff. Every comment made to the County since 1990 has been fulfilled. For your convenience I have included a summary of the proposed land use which is as follows: 1). Club Expansion Site 2). Existing Golf 3). 85 Residential Lots 4). New Road R/ght-Of-Ways ' 5). GolfMa'mtenance Site 6). Wastewater Treatment Site 7). Open Space System 17.5 acres (approved) t39.0 acres 224.7 acres 16.6 acres 5.6 acres (approved) 4,8 acres (approved) 127.0 acres I thank you for your consideration of this matter and hope for approval of the Keswick application on June 28th. Sincerely, Jane 20, 1995 Members of the Albemarle County Board of Supervisors 401 Mclntire Road Charlottesville, VA 22902 Dear Board Member: The purpose of this letter is to express my support for Special Use Permit 95-12 by Kesw/ck Corporation and Mrs. Laura Yergan. It is my understanding that the purpose of this Special Use Penuit application is to allow Keswick Corporation to incorporate several importm~t changes into its existing master plan. I have examined the proposed plan and believe it to be a significant improvement over the plan approved in 1993 for the following reasons: 1). Deletion of the me hole golf course expansion will prevent the clearing of mature forest wh/ch buffer the estate from both I - 64 and other residential subdivisions adjacent to Keswick. 2). Redesign of the lot layout with frontage orientation to Club Drive will allow for the creation of a 127 acre open space system 85% of which protects both the 1-64 entry corridor to the County and provides for open space along Route 744. 3). Since 1993, Keswick Corporation has acquired approximately 17 acres which are proposed to be added to this plan. Part of th/s acquisition will allow for a connector road from Club Drive to the land on the east side of Broadmoor Lake. Without this connector an additional crossing of the 100 year flood plain of Carrol Creek will be required. 4). The proposed plan does not increase residential densities beyond that wh/ch could theoretically be achieved "by right" in the rural areas as described in the Comity Zoning Ordinance within the boundary, of the entire property., Th/s particular plan, with 85 residential lots/nstead of the current 75, does however reqtt/re the Board of Supervisors to grant more development rights than can be achieved "by r/ght" on six parcels of record. It appears to be in the best interest of all patties to allow for these additional development rights. To do so will allow for an approved plan which is more environmentally sensitive (deletion of nine hole golf course expansion and 5,400 linear feet of roads plus associated water and sewer) and does not negatively/mpact the character of the neighborhood. I also believe the Board should reco~fftli;r.,e the sigrfificant contribution that Sir Bernard Ashley has made to the commtmity since his purchase of Keswick in 1990. The transformation of the old Keswick Club and creation of a first class residential commun/ty is truly a remarkable accomplishment. Everything has been done with attention to quality. This application should be received favorable g/ven the excellent track record of Sir Bernard and his staff. Every comm/tment niade to the County since 1990 has been fulfilled. For your conven/ence I have included a summary of the proposed land use which is as follows: 1). Club Expansion Site 2). Ex/sting Golf 3). 85 Resident/al Lots 4). New Road R/ght-Of-Ways 5). Golf Maintenance Site 6). Wastewater Treatment Site 7). Open Space System 17.5 acres (approved) 139.0 acres 224.7 acres 16.6 acres 5.6 acres (approved) 4.8 acres (approved) 127.0 acres I thank you for, your consideration of this matter and hope for approval of the Keswick application on June 28th. Sincerely, June 27, 1995 Members of the Albemsde County Board of Supervisors 401 Molntira Road Charlottesville, 'v'A 22902 Dear Board Members: The purpose of this letter is to express my support for Specisl Use PenT, it 95-1'2 by Kes~¢ick Corporation and Mrs. Laura Yergan. it ~s ~y understanding that the purpose of ~nis Special Use P~rmit eppficatic~ ts to allow have e~m~n~ ~e pro~sed plan and ~]ieve it to ~ e signifi~nt improvement over the (4) fo~e~ ~hich buyer ~e e~tate fr~m both I~ end other r~denti~ ~dj~nf tn creation of e 127-acre open space system, 85 percent of which, protects both the ~-84 entw corridor to the County and provides for open space. ~o~g Route 744. Since 1993, Keswic~ Corporation has acquired approxim~ety 17 acres, which are road ~ Club Odve to ~e land on the east side ¢ Broadmoor ~ke. %~thO~ this ~nn~:oq an additio~ ~ing of~e l~y~r flood pJa[n of Ca~l Cr~k .w~l[ be rquir~. The propo-~ad plan does not increase residential densities beyond that which could theoretically be achieved "by dght" in the rural areas as described, in the County Zonin¢ Ordinance within the boundary _of the entire property'. This paAicular p~an, wffh 85 ¢'~sidentLal lots ins-iead of the current 75, does, how'ever, require the Board Albemarle County Board of Supervisors July 27, 1995 Page 2 of Supervisors ~ grant more development r~ghts than can be achieved "by right" on six parcels of reco~d. It appears to be in the best interest of ali par~ies to allow for these addit~or~sl development dghts. To de so wilt allow Mr an approved plan which is m~'e environmarthall~ s~nsitive [deletion of nine-hc~l~, o.~If cna~r.~- ~mpact the character of the neighborhood. I also b~[[eve th~ Board should recognize the significant conttibulions that Sir Bernard Ashley has ~nade to ~e community since his purchase of Keswick in 1990. The ~,-~f~rmatio,~ of the old Keswick Club and creation of a first, ess res~den+Ja~ commumty is truly a r~markable accomplishment Everything has been done with attentior~ to qual[~. This ~pplicafion should be received favorably given the excellent track record of Sir Bernard and his staff. Every commitment made [o the Coun~ since 1990 has been fulfilled. For your convenience, a summary of the proposed tand use follows: {~ ) Club ~F_xpansion Site (2) Existing Golf (3) 85 Residentiai Lots (4) New Road Right-of-Ways (5) Golf Maintenance Site (6) Wastewater Treatment Site (7) Open S~ System I thank you application on June JSF/sH t 7..6 acres (approved) 139.0 acres :224_7 acres 16.6 acres 5.6 acres (approved) 4.8 acres (approved) 127.0 acres for your consideration of this ma~er and hope for approvaJ of the Keswick PAGE June27, 1995 Members of the Albemarle County Board of Supervisors 401 Mcintire Road Chadoffesville, VA 22902 Dear Board Members: The puq:~se of this letter is to express my support for Special Use Permit 95-12 by Keswick Corporation and Mrs. Laura Yergan. It is my understanding that the purpose of this Special Use Permit application is to allow I ~ge e~min~ ~ p~ed plan and ~lieve it to ~ a signifi~nt improvement over ~e plan npproved in t ~3 f~ ~e following reasons: Deletion of the nine-hole golf course expansion will prevent the clearing of mature forest which buffer the esi:ate from both [-84 and other residential subdivisions ~dj~r~nf fn I(m.~virJ~ (2) P~de~,ig~ of th~ lc~ la,/out with frontage ori=ntafion to (~lub Dri~ will allow for fl~ creation of a 't27-acre open spaoe system, 85 percent of which protects both the 1-64 entPy corrido~ to the County and provides for open space along Route 744. ($) Since 1993, Keswic~ Corporation has acquired approximately 17 acres, which ere i-~nl~-.~cl fn h~. n4H~rt fn th[.~ ~lnn Pn~ ~ ~ig n~ui~ifinn ~ll nllnw for n p~nn~nr ro~d ~ Club D~e to ~e land on the east side of Bro~dmoor ~ke. ~o~ this ~nn~, an additi~l ~lng ~ ~e l~year flo~ plain of Ca~l Cr~k ~11 be r~uir~. (4) The proposed plan does not increase residential densities beyond that which could theoretically be achieved "by right" in the rural areas as described in the County Zoning Ordinance within the boundary of_ the_ entire properly. This particular plan, with 8B residential Iot~ instead of the current 75, does, however, require the Board Ju~th ]Pox Teml~o~'ies ' ~)42-C BeTkma,r ~C)~ve · Cha~lo~_s,'ffIe, x, vn%d~ 2~901iI455 · (804) 975-5700 ' Fa,~ (804) 976-084~ _ '~- '?.--..d~,;~-~ v,,,- .~ 229021455 - (804) 975-5755 Albemarle County Board of Supervisors Ju~ 27,1995 Page 2 of Supervisors to grant more development rights than can be achieved "by right" on six parcels of record. It appears to be in the best interest of all padies to allow for these additional development rights. To do so will allow for an approved plan which [s more environmenfalh, sensitive (deletion of nine-hr)l~, onlf rnur.~ ~.~D~n~mn ~ncl 5,400 line. ar f~t of road plus u~.~;~atc~ wator and sewer) ,~nd does not negatively ~mpact the character of the neighborhood. I also believe the Board should recognize the significant contributions that Sir Bernard Ash(ay has made to the community since his purchase of Keswic~ in 1990. The transformation of the old Keswick Club and creation of a first-class residentJa~ community is tnJ[y a remarkable accomplishment. Everything has been done with attention to quality. This application should be received favorably given the excel(ant track record of Sir Bernard and his staff. Every commitment made to the County since 1990 has been fulfilled. For your convenience, a summary of the proposed land use follows: (1) Club Expansion Site (2) Existing Golf (3) 85 Residential Lots (4) New Road Right-of-Ways (5) Golf Maintenance Site (6) Wastewater Treatment Site (7) Open Space System t 7_g acres (approved) 139_0 acres 224.7 acres 16.6 aci'es 5.6 acres (approved) 4.8 acres (approved) 127.0 acres JSF/srl I thank you for your consideration of this ma,fief and hope for approval of the Keswick application on June 28. , Judith x Jnne 20, 1995 Members of the Albemarle County Board of Supervisors 401 Mclnt/re Road Charlottesville, VA 22902 Dear Board Member: The purpose of this letter is to express my support for Special Use Permit 95-12 by Keswick Corporation and Mrs. Laura Yergan. It is my tmderstanding that the purpose of this Special Use Penn/t application is to allow Keswick Corporation to incorporate several important changes into its existing master plan. I have examined the proposed plan and believe it to be a significant improvement over the plan approved in 1993 for the following reasons: 1). Deletion of the nine hole golf course expansion will prevem the clearing of mature forest which buffer the estate from both I - 64 and other residential subdivisions adjacent to Keswick. 2). Redesign of the lot layout with frontage orientation to Club Drive will allow for the creation of a 127 acre open space system 85% of which protects both the 1-64 entry corridor to the County and provides for open space along Route 744. 3). Since 1993, Keswick Corporation has acquired approximately 17 acres which are proposed to be added to this plan. Part of this acquisition will allow for a connector road from Club Drive to the land on the east side of Broadmoor Lake. Without this connector an additional crossing of the 100 year flood plain of CarroI Creek will be reqthred. 4). The proposed plan does not increase residential densities beyond that wh/ch could theoretically be achieved "by right" in the rural areas as described in the County Zoning Ordinance within the bom~dary..of the entire property,. This particular plan, with 85 residential tots instead of the current 75, does however require the Board of Supervisors to grant more development rights than can be achieved "by right" on six parcels of record. It appears to be in the best interest of all parties to allow for these additional development rights. To do so will allow for an approved plan which is more environmentally sensitive (deletion of nine hole golf course expansion and 5,400 l/near feet of roads plus associated water and sewer) and does not negatively impact the character of the neighborhood. I also believe the Board should recognize the significant contribution that Sir Bernard Ashley has made to the community since his purchase of Keswick in 1990. The transformation of the old Keswick Club and creation of a first class residential community is truly a remarkable accomplishment. Everything has been done with attention to quahty, This application should be received favorable g/yen the excellent track record of Sir Bernard and his staff. Every commitment made to the County since 1990 has been fulfilled. For your conven/ence t have included a summary of the proposed land use which is as follows: 1). Club Expansion Site 2). Existing Golf 3). 85 Residential Lots 4). New Road R/ght-Of-Ways 5). Golf Maintenance Site 6). Wastewater Treatment Site 7). Open Space System 17.5 acres (approved) 139.0 acres 224.7 acres 16.6 acres 5.6 acres (approved) 4.8 acres (approved) 127.0 acres I th~nk you for your consideration of this matter and hope for approval of the Keswick application on June 28th. June 20, 1995 Members of the Albemarle County Board of Supervisors 401 Mclntire Road Charlottesville, VA 22902 Dear Board Member: The purpose of this letter is to express my support for Spec/al Use Permit 95-12 by Keswick Corporation and Mrs. Laura Yergan. It is my understanding that the purpose of this Special Use Permit appl/cafion is to allow Keswick Corporation to incorporate several important changes into its ex/sting master plan. I have exam/ned the proposed plan and believe it to be a significant knprovement over the plan approved in t993 for the following reasons: 1). Deletion of the n/ne hole golf course expansion wilt prevent the clearing of mature forest which buffer the estate fi.om both I - 64 and other residential subdivisions adjacent to Keswick. 2). Redesign of the lot layout with fi.ontage or/entation to Club Drive will allow for the creation of a 127 acre open space system 85% of which protects both the 1-64 entry corridor to the County and provides for open space along Route 744. 3). Since 1993, Keswick Corporation has acquired approximately 17 acres which are proposed to be added to this plan. Part of this acquisition will allow for a connector road fi.om Club Drive to the land on the east side of Broadmoor Lake. Without this connector an additional crossing of the 100 year flood pla/n of Carrol Creek will be required. 4). The proposed plan does not increase residential densities beyond that wh/ch could theoretically be achieved "by right" in the rural areas as described in the County Zoning Ordinance w/thin the boundary, of the entire property.. Th/s particular plan, with 85 residential lots instead of the current 75, does however require the Board of Supervisors to grant more development nights than can be achieved "by right" on six parcels of record. It appears to be in the best interest of all parties to allow for these additional development rights. To do so will allow for an approved plan which is more environmentally sensitive (deletion of nine hole golf course'expansion and 5,400 linear feet of roads plus associated water and sewer) and does not negatively/mpact the character of the neighborhood. I also believe the Board should recognize the si~ificant contribution that Sir Bernard Ashley has made to the commun/ty since his purchase of Keswick in 1990. The transformation of the old Keswick Club and creation of a first class residential commumty is truly a remarkable accomplishment. Everything has been done w/th attention to quality. This application should be received favorable ~ven the excellent track record of S/r Bernard and his staff. Every commitment made to the County since 1990 has been fulfilled. For your convea/ence I have included a summary of the proposed land use which is as follows: 1). Club Expansion Site 2). Existing Goff 3). 85 Residential Lots 4). New Road Right-Of-Ways 5). Golf Maintenance Site 6). Wastewater Treatment Site 7). Open Space System 17.5 acres (approved) t 39.0 acres 224.7 acres 16.6 acres 5.6 acres (approved) · 4.8 acres (approved) 127.0 acres I tb~nk you for your consideration of this matter and hope for approval of the Keswick application on June 28th. Sincerely, June 28, 1995 Mr. Walter F. Perkins, Chair Albemarle County Board of Supervisiors 401McIntire Road Charlottesville, VA 22902 Dear Mr. Perkins: My name is Jack Dillard and we have lived on the Keswick golf course property for 28 years. At the time we moved there in 1967, it was already platted and planned as a residential community. This was close to several decades prior to the development of the Comprehensive Plan. The Comprehensive Plan is, of course, a vital and necessary tool for the community; however, it has been, and hopefully will continue to be, recognized that adjustments to any such plan will be needed. Even here in the shadow of Monticello it would not do an injustice to Mr. Jefferson to note that our Constitution has been amended over twenty times. So please take into account that the Keswick golf course property has been planned as a residential community for many decades and the request presented to you is reasonable and consistent with this historical fact. Our community here has been enhanced by the Keswick Estate group who have not sought negative changes but have been mindful of the nature of the original large lot intent of the community and the importance of aesthetics and the environment. Our family urges that technical restraints not prevail over broad based recognition of the history of the Keswick Community. The requested adjustments, and it does seem that only "adjustments" are being requested, are benefici-al and warranted. Thanks for your serious consideration of our plea to approve the request as presented by the Keswick Estate group. ja~ ~~1 ard e~eswick ~roperties June 6, 1995 HAND DELIVERED_ Mr. T. Blue Chairman Albemarle County Planning Commission Dear Mr. Blue, As you may recall, I was President and Treasurer of Ashley House & Keswick Corporation, and had the pleasure of leading on overall plans and presentation for the development of the Keswick Estate. The essential understanding and start point was the history of Keswick with its origins ora small residential area in the 1940's.' Through the planning process and with a positive spirit of cooperation from all parties, a very good solution was achieved. Although I am no longer ih~volved with the Ashley House companies, 1 still have a str~ng personal commitment to the success of the Estate. This is reflected by my direct association with my own house at Keswick and investment with my company, Keswick Properties, owning t6 lots on the Estate. Whilst this submission has changed to reflect the revised objectives of the owner, the whole essence of a rural community is maintained. Also, the small tncrease in the number of lots seem entirely appropriate. Accordingly, although in due coarse it may be appropriate to review the comprehensive plan, this proposal is justified today. Therefore t would urge you to support and approve the submission. Kind regards, David p. Bowerman CharloCre ¥. Humphfis Forrest Fl. Marshall, Jr COUNTY OF ALBEMARLE Office of Board of Supervisors 40I Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804~ 296-5800 June 13, 1995 Charles S. Martin Walter F. Perkins Sall~ H. Thomas TO THE PROPERTY OWATERS ADDRESSED: EWC:rams cc: Adolphus Barrett, Sr., Est. This is to provide notice to you, as an adjacent property Owner, that SP-95-12 - Keswick Corporation & Laura Yergan has been rescheduled for public hearing due to an advertising error. The petition is described as Eollows: SP-95-12. Keswick Corporation & Laura Yergan. Request for division of land as provided in Sec 10.5 to allow 30 more lots than the total number permitted under Sec 10.3.1 and Sec 10.3.2 on approx 535 acs zoned RA & EC Overlay Dist. Development shall be in accord with proposal plan. Property is location of the Keswick Country Clu~ development. TM80, Ps8,8C,8C1,SD2,SD3,8D4,Sj, 8Z,21A, 27,29,31,41, 41A,43,60,60A,61,61A1,62,69,70,70A, 90,93,94,95, 96,97,98,100,106, 109A & TM94~P42A. Rivanna Dist. The Board of Supervisors will hear this petition on Wednesday, June 28, 1995. The meeting will be held at 7:00 P.M., in Meeting Room ~241 (formerly Room #7), Second Floor, County Office Building. If you should have any comments or questions, please do not hesitate to contact the undersigned. Sincerely, Ella W. Carey, Commonwealth Propane Inc. William Winsson Harrod; Heirs of William Hughes Lewis W Johnson, Est Aurelius K Lewis, Life Estate Thomas F, III or Patricia R McGraw Louis A & Margare~ A Ragland Eleanor Robinson George R Sr & Sally R Smith Willie C or Bettye E Anderson Hazel B Davis or Rosetta D Lambert William A & Alice M Ford Fleming S Hawley Douglas L Key Jeanetta D Clark Jean Joel or Lorenza Lee Fields James R & Pauline p Hughes Clarence E Johnson Keswick Hunt Club William M or Jewel C Mason Edith H Mills James S & Dorothy M Richardson Maggie p Smith Arnette Anderson, Life Est Percy Jr & Eliz M Branch Phillip R or Ida Louise Dyer Kenneth G Jr or Vicki H Hale Lewis W Johnson, Est Harry C Jr McCray & Marybess M Johnson, Florence Miller, Est Trs James Ervin or Dorothy Virginia Morris Printed on recycled paper June 13, 1995 Page 2 cc: Richard Nightengale, Est Edith Peoples Charles E or~%nna Belle Robinson Neal T Rudolph James E or Pearl S WashingTon CSX Transportation John H or Dorothy Q Chappell Rebecca B Criszer Jack H & Mildred N Dillard Judith S Fox Richard E or Dawn Gibson Jasper L & Mallie p Haynes Gary Wayne or Doresa Lea Howard John A & A~nes R Hughes Panos or Patricia N Ignatiadis Charles D or Susan H Kincannon Donald Walter & Carol F Kupke Joan Greims Nolan Gregory Sr or Barbara Pendleton Hans Olay & SigridAnna Margare~a Riddervold Paul S or Cynthia L Roberts Sixty-Four 616 Land Tr~s~ Martin L & Sherrard H Sullivan Richard A Tinsler or Francis R Tinsler or Annie Tinsler Edward G & Rosemary B Williams Florence M Yannios V Wayne Cilimberg Barbara M Patterson Gus~ave H Rathe, Jr or Lesslie A Crowell Edward F or Patricia R Schuler John D Butler Brian M or Melba M Campbell John E Clarkson Frank or Emily K Decicco Edith M & Gregory & Michael Durrett Et A1 Stephanie G Hawranke Richard E & Arnona Horowitz Chrissopher Chapman Hughes Est Vincent D & Myrtle L Hughes Karen S Johnson Ralph W or Cornelia E Kirtle Peadar N or Janpin p Little Edna Lee PendleEon or Roy Lewis Dennis N or Eunice Ragland Edward F or Patri~ia R Schuler Thomas F or Joan M Sheeran Julie T Stein Gordon L Wheeler Elton W or Beverley R Turner Gordon L or Hildreth M Wheeler Robert A & Elizabeth Wilson Colonial Baptist Church Yolanda Hipski COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mctntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (8041 296-5800 June 13, t995 CharIes S. Martin Waiter F. Perkins Sally H. Thomas Mr. Pete Bradshaw Keswick Corporation 701 Club Drive Keswick, VA 22947 Dear Mr. Bradshaw: This letter is to notify you that SP-95-12 - Keswick Corporation & Laura Yergan has been rescheduled for public hearing due uo an advertising error. The request will k~ heard by the Board of Supervisors on WEDNESDAY, June 28, 1995. The meeting will be held at 7:00 p.m., Meeting Room $241 (formerly Room #7), Second Floor, County Office Building, 401 McIntire Road~ Charlottesville, Virginia. YOU OR YOUR REPRESENTATIVE MUST BE PRESE~Ff AT THIS MEETING. We are sorry for any inconvenience this may have caused. If you should have any questions or concerns, please do not hesitate to contact the undersigned. EWC:mms cc: V. Wayne Cilimberg Yolanda Hipski Laura Yergan ncerely, Printed on recycled paper STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: YOLANDA HIPSKI MAY 30, 1995 JUNE 21, 1995 (SP 95-12) KESWICK ACOUISITION CORPORATION AND LAURA YERGAN APPLICANT'S PROPOSAL: The applicant requests the Board of Supervisors allow a total of 30 small lots or 24 more total lots (counting 21 acre residue parcels) beyond those allowed by-right on si:~ (6) existing parcel. Over the entire prope~y, the applicant requests a total of six (6) more small lots, but no more total lots (counting 21 acre residue parcels), than allowed by-right. These lots are to be served by an existing central sewage treatment plant and all existing central well system (see attachment A). This proposal adds five parcels of record, totalling approximately 15.929 acres, which were not part of SP-92-58 Keswick Acquisition Corporation. The applicant proposes to delete two parcels which were subject to SP-92-58 Keswick Acquisition Corporation. The applicant has deleted the nine hole golf course expansion originally approved under SP 92-59 Keswick Acquisition Corporation, but will retain the two floodplain crossings approved under SP 92-57 Keswick Acquisition Corp. This proposal will allow a total of eighty-eight (88) tots with eighty-six (86) proposed as small residential lots. The remaining two lots shall contain the golf maintenance facility and the wastewater treatment facility. This proposal totals approximately 515 acres and will be comprised of approximately 224 acres devoted to development lots, 10.354 acres devoted to the golf maintenance facility and the wastewater treatment facility, 16.6 acres devoted to roads, approximately 139 acres devoted to the existing golf course and approximately 126 acres devoted to open space. Approximately 9.89 acres are currently under the control of Laura Yergan. The remainder is owned by Keswick Acquisition Corporation and the golf course is under the control of Keswick Club LP. PETITION: SP-95-12 Keswick Corn_ oration & Laura Yergan - Special Use Permit (Section 10.2.2.28 of Zoning Ordinance) for division of land as provided in Section 10.5 to ~llow more lots than the total number permitted under Sections 10.3.1 and 10.3.2. Developmefit shall be in accord with proposal plan covering approximately 515 acres, zoned PA, Rural Areas, and EC, Entrance Corridor Overlay District. Property, described as Tax Map 80, Parcels 8, 8C1, 8D2, 8D3, 8D4, 8J, 8C, 8Z, 2lA, 27, 29, 31, 41, 43, 4lA, 60, 60A, 61Al, 61, 62, 69, 70, 70A, 90, 93, 94, 95, 96, 97, 98, 100, 106, 109A and Tax Map 94, Parcel 42A, is the location of the Keswick Country Club developmenT. The applicant proposes 30 more small lots and 24 more total tots than allowed by-right on Tax Map 80, Parcels 8, 8J, 61, 62, 70 and 109A and a total of 6 more small lots, but no more total lots, than allowed by-right over the entire property. This property is located in the Rivauna Magisterial District and is not in a designated growth area (Rural Area 2). CHARACTER OF AREA: The terrain of the Keswick property is mixed with flat to rolling hillside and a mixture of open and wooded areas. Carroll Creek and an unnamed tributary both contain one hundred year floodplains. Carroll Creek is a perennial stream traversing the entire length of the property. The tributary stream is perennial to a point near the main Inn structure. Some critical slopes are located along the stream valleys. There are two existing floodplain crossings on this property. Areas of soil in this area have been identified (Manteo 51) with an extremely shallow depth (10 to 20 inches). The stream valleys contain soils which flood and are considered wetland. The National Wetlands Inventory show several wetlands on the site. The Open Space Plan identifies areas along these streams as a "major stream valley". The original Inn, Villa Crawford, was built circa 1910 and is an unusual example of eclectic Georgian Reviyai/Italian Villa architecture. During the forties, this structure was converted into a country club. Although not individually listed on the National Register of Historic Places, the structure is considered a "contributing building" for the Southwest Mountain National Register Rural Historic District. The Open Space Plan identifies a small portion of the property, which includes the Inn, as a "registered historic property". In addition to the Inn, the site currently contains the existing country club and an eighteen hole golf course. There are approximately 35 existing parcels which were platted prior to the current Zoning Ordinance which are served by the existing private roads These parcels are not part of this application. Since the 1992 Special Use permit approvals, the applicant has constructed Country Club Drive and has made substantial improvemems to the existing facilities. The Keswick area consists mostly of farms, large estates and large lot developments with scattered single family residences. There are also a significant number of small lots in the area, particularly along Hacktown Road (Route 744- see attachment B). The Keswick "center", located at the intersection of Routes 22 and 731, is approximately one-half mile to the north of the main country club entrance. The Southwest Mountains Rural Historic District is located to the north/northwest of this site and contains a small portion of this property. Tax Map 80 Parcel 61D, located east of this property and adjacent to the Yergan property, is located within the Keswick Ag.ricultural/Forestai district. The majority of the Keswick Agriculturai/Forestal District is located on the northern side of Route 22. PLANNING AND ZONING HISTORY: There is extensive history related to the Inn and to the subdivision. The following is a summary of the most applicable: (SP 92-58) Keswick Acquisition Corporation: Proposal to allow a subdivision of 280.2 acres (thirty parcels of record) into a total of 75 lots. This request included a 15.1-456 review and Resolution for SCC Application for expansion of the existing sewage treatment plant. On January 13, 1993, the Board of Supervisors unanimously approved this request. 2 (SP-92-57~ Keswick Acquisition Corn_ oration: Proposal to allow two floodplain crossings of Carroll Creek This request was approved on January t3, 1995 by the Board of Supervisors. (SP-92-59~ Keswick Acquisition Corn_ oration: Proposal to expand the eighteen hole golf course to twenty seven hole. This request was approved on January 13, 1993 by the Board of Supervisors. SP-85-53'} Tom Curtis: Proposal to allow the subdivision of 37 single family residential lots on 284 acres located south and east of the golf course. Approved by the Board of Supervisors on September 4, 1985. This action required Health Department approval of two sel~tic fields locations on each proposed lot. The lots were never platted. (SP-92-21¥Keswick Acquisition Corporation: Request to amend Condition 5 of SP-85-53 in order to allow Club Drive as a private road rather than a public road. The Board of Supervisors approved this request on June 17, 1992. Central Sewer System Review: On June 4, 1986, the Board of Supervisors approved a request pursuant to county Code 10-18 to establish a central sewer system to serve 43 lots as well as the club and inn facilities Central Well System Review: On November 14, 1984, the Board of Supervisors ~ approved a request pursuant to County Code Section 10-18 to construct a central well system. A request to construct a third well was approved on the Board's Consent Agenda on October 31, 1990. The system was designed to serve 56 residential lots and the club and inn facilities. (CPA-84-1D Keswick Count _ry Land Trust: Request for a resolution'~ofintent to study an amendment to the Comprehensive Plan to allow for the development of the PUD (ZMA 84-20) was denied by the Planning Commission on October 9, 1984. The applicant continued to pursue the rezoning request after denial of this request. The developmem proposed as a part of the CPA review was similar to the PUD plan. (ZMA-84-20~ Keswick Country Club Land Trust: Request to rezone 491 acres from RA to PUD was denied by the Board of Supervisors on June 26, 1985. The p, lan proposed the development of 147 single family detached dwelling units of which 80 unit~ were located in one cluster with a total acreage of 35 aces (density of 2.28 d.u./ac) and th~ remaining 67 units/lots totalled 204 acres (average tot size of 3.05 acres). The gross density of the proposal was one dwelling unit per 3.3 acres. Twenty six of the lots were proposed to be served by a central water system and individual septic tank systems. The other lots were to be served by central water and central sewer systems. 3 RECOMMENDATION: After its analysis, staff opinion is that the factors unfavorable to the request are significant as compared to those favorable to the request, and, therefore, staff recommends denial of SP-95-012. STAFF COMMENT: This portion of the report will be presented in sections as follows: II. III. IV. V. VI. ~Review of Development Rights; Special Use Permit Criteria for Subdivisions in the Rural Areas; Extension of Central Utilities and the Keswick Jurisdictional Area; Comprehensive Plan Issues Relative to the Subdivision; Summary of Issues/Recommendations/Actions to be Taken; Recommended Actions; Review of Development Rights This application must be reviewed under the current Zoning Ordinance which makes no provisions for either lot size variation nor rearrangements of lots fi'om multiple parcels other than by the Rural Preservation Development (RPD) option (Section 10.3.3). Staff has discussed the possibility of utilizing a RPD with the applicant during both the t992 review and the current application review. For several reasons, staff and the applicant have agreed that an RPD proposal for this development would not satisfy the criteria for the RPD option as outlined in the Zoning Ordinance. The Zoning Ordinance does allow for more lots than allowed by-right on a barticular parcel(s). Section 10.5.2.1 and 10.5.2.1 a. states: "10.5.2.1 The board of supervisors may authorize the issuance of a special use permit for: More lots than the total number permitted under section 10.3.1 and section 10.3.2; provided that no such permit shall be issued for property within the boundaries for the watershed of any public drinking water supply Impoundment;" 4 The Zoning Ordinance requires a parcel by parcel review for those parcels on which more lots than allowed by-right are proposed. The applicant is requesting a total of 30 more small lots or 24 more total lots on Tax Map 80, Parcels 8, 8J, 61, 62, 70, and 109A (See Attachment C). In summary, the applicant proposes the following additional lots: TAX MAP/ EXISTING ALLOWABLE TOTAL ADDITIONAL ! ADDITIONAL PARCEL DEVELOPMENT 21 ACRE NUMBER OF DEVELOPMENT TOTAL RIGHTS RESIDUE SMALL LOTS RIGHTS LOTS PARCELS (PROPOSED) REQUIRED 8 5 2 13 8 6 8J 1 0 2 1 1 "61 15 1 11 6 ' 5 62 5 ~ 2 12 7 5 70 5 1 10 5 4 109A 6 0 9 3 3 TOTAL 27 6 57 30 24 To provide a comprehensive approach for the Keswick property, the applicant has incorporated the proposal for the aforementioned parcels with Tax Map 80, Parcels 8C1, 8D2, 8D3, 8D4, 8C,~ 8Z, 2lA, 27, 29, 31, 41, 43, 4lA, 60, 60A, 61Al, 69, 70A, 90, 93, 94, 95, 96, 97, 98, 100, 106, and Tax Map 94 Parcel 42A as one request. The applicant did not account for development potential (small lots and large lots) on the golf course parcel, Tax Map 80 Parcel 8Z. The applicant has indicated this parcel shall be platted as Open Space. The Zoning Administrator has made an official determination regarding the total number of development rights for the entire project (see attachment D). When considering the entire property, the applicant is not creating more total lots than could be possible in by-right small lots and 21 acre lots over the entire development. The proposal does exceed the number of by-right small lots allowed over the entire property by six. In consideration of alternative rural subdivision proposals such as proposed in the application, staff has historically reviewed a theoretical conventional subdivision of the same area m determine that the conventional subdivision of an equal number of lots is achievable. A conventional subdivision has not been provided by the applicant for this request. However, based on the information provided for the review of SP-92-58, physical site characteristics and the existence of a central water and sewer system, staff believes a conventional subdivision is achievable. II. Special Use Criteria for Subdivisions in the Rural Areas The existing criteria (Section 10.5.2.1 of the Zoning Ordinance) utilized in detenmning if the requested proposal is compatible with the surrounding neighborhood is essentially the same criteria utilized in the 1985 review of SP-85-53 and in the 1992 review of SP-92-58. The first four criteria are aimed specifically at whether the property has agricultural/forestal significance. Criteria 5, 6, 7, and 8 are directed mainly at the potential of increased development. The size. shape topography and existing vegetation of the property in relation to its snitabili _ty for agricultural or forestal production as evaluated by the United States Department of Agricultural Soil Conservation Service or the Virginia Department of Forestry; and, The actual suitabiliw of the soil for agricultural or forestal nroduction as the same shall be shown on the most recent published maps of the United States Department of Agricultural Soil Conservation Service or other source deemed of equivalent reliability by the Soil Conservation Service. The site consist of gentle slopes ranging from 2 to 15 percent. Areas along ,streams and bluffs consist of hilly and steep slopes with some sl6pes in excess of twenty five (25) percent. The majority of soils on the site are Manteo Chaunery SilfLoam. This is a very shallow soil with bedrock at 10 to 20 inches. The predominate land use except for the golf course is woodland of marginal quality. Due to the soil's shallow depth and low fertility, the area is not considered to be a high quality hardwood producing soil and agricultural potential is limited to primarily low grade pasture land. The applicant's soil analysis estimates only 2% of the area in proposed lots, golf course and roads are prime agricultural soils and, in fact, approximately 80% of the site consists of soils which have significant limitations for agricultural and forestal use. The historical commercial a_m/cultural or forestal uses of the nropertv since 1950, to the extent that is reasonably available. The County land use record show that none of the property involved in this proposed development is currently under preferential land use taxation. The applicant has stated there is no historical record of agricultural or forestal uses of the property since 1950 with the exception of 29 acres formerly owned by CSX which appears to have been clear cut and planted in Loblolly pine approximately ten years ago. If located in an agricultural or forestal area. the probable effect of the proposed development on the character of the area. For the purposed of the section, a property shall be deemed to be in an agricultural or forestal area if fifty (50) percent or more of the land within one (1 ~ mile of the border of such property has been in commercial agricultural or forestal use within five (5/years of the date of this application for special use permit. In makina this determihation, mountain ridges, major streams and other physical barriers which detract from the cohesiveness of an area shall be considered. Staff analysis indicated the property is not located in an agricultural or forestal area as only 46% of land within a one mile radius of this site is in agricultural or forestal use. 6 The relationship of the nropertv in re~ard to develooed rural areas. For thc purposes of this section, a propert9 shall be deemed to be located in a developed rural area if fifty (50'} percent or more of the land within one (1'} mile of tl~,,', boundary of such property was in parcels of record of five (5'} acres or less on th,, adoption date of this ordinance. In making this determination, mountain ridges. major streams and other physical barriers which detract from the cohesiveness of an area shall be considered Staff analysis indicates the property is not located in a developed rural area as only 20% of the land within a one mile radius of this site consist of parcels less than five acres in size, The applicant's letter of justification states 80% of the parcels within a one mile radius of the site are less than five acres. The relationship of the Cronosed develonment to e ' ' · _ _ mst~ng and nroposed populat~o. ~centers. services and employment centers, nrunertv w~th~n areas described below shall be deemed in proximity to the area or use described; Within one mile roadway distance of the urban area boundary as described in the comnrehensive plan: Within one-half mile roadway distance of a community boundary as described in the comprehensive plan: Within one half mile roadway distance of a villane as described in th~, comprehensive nlan. ~ This proposal is not witlfin a one mile roadway distance to an urban area boundary as described in the comprehensive plan. This proposal is not within a one-half mile roadway distance of a community boundary as described in the comprehensive plan. This proposal is within a one-half mile roadway distance of the Village of Rivarma as described in the comprehensive plan. The probable effect of the proposed development on canital improvemem,~ pro~amming ~n regard to increased provision of services. Given that the property could be divided into a combination of by-right small lots and 21 acre lots that would equal the number of lots proposed in this request, there is no theoretical increase in the number of potential dwellings and residents to be served. ' The traffic ~enerated from the proposed development would not. in the opinion the Virginia Department of Transportation: Occasion the need for road improvement; _Cause a tolerable road to be a non-tolerable road: Increase traffic on an existing non-tolerable road. 7 Route 616 is considered non-tolerable; Route 22 is non-tolerable to the east, but tolerable to the west. Although there will be an increase of traffic by three hundred (300) vehicle trips per day, Virginia Department of Transportation has not indicated that this proposal shall occasion the need for road improvements. In summary, this proper~y does not appear well-suited to agricnitural/forestal uses and there has been no recent use of this property for agricultural or forestal purposes. In addition, staff analysis indicates the property is not located in an area of predominantly agricultural or forestal land uses. The property is not located in a developed rural area, but is within une-half mile roadway distance of the Village of Rivanna. III. Area and Health Regulations; Extension of Central Utilities and the~Keswick Jurisdictional Area For rural developmem on central utilities such as Keswick, staff has sought demunstmtion that each proposed lot is self-supporting with two approvable drainfield locations. The applicant did not provide such demonstration with the review of SP.92.58 and has not done so for this application. During review of (SP-92-58), the Board of Supervisors reviewed and approved the request to serve the proposed lots with the existing sewage treatment plant and central well system. Specifically, the Board of Supervisors revised condition 6 as approved by~ the Planning Commission to state: "The service for Keswick Utility Company to include all those parcels of land which are contiguous to the land currently owned by Keswick Corporation which are bounded within the larger area of State Route 616, State Route 731, State Route 744, Interstate Route 64 and the CSX Railroad right-of-way. Reference is made to a letter and map from Pete Bradshaw dated January 13, 1993 (copy attached, See Attachment E)." This approval did not restrict the total number of counections. The applicant does not intend to expand beyond the area outlined in condition 6. Therefore, additional review of this extension is not needed by the Planning Commission. However, should the applicant choose to add another central well, the Board of Supervisors must re-review this as a request for central utilities. IV. Comprehensive Plan Issue Relative to the Subdivision This property is designated as Rural Area in the Comprehensive Plan. The nearest Growth Area is Rivanna Village on the south side of Route 250 East. The Plan states, "Areas north of Interstate 64 have historic/scenic mgnificance to the County and region .... preserve and protect these resources, do not expand the Village boundaries north of U.S. 250 East...." (Rivanna Village Amendments) 8 The Open Space Plan indicates that two major stream valleys traverse the property. Both Carroll Creek and an unnamed tributary include 100 year floodplain and Water Resource Protection Areas. In addition, 1-64 is an adjacent designated Entrance Corridor, and the SW Mountain National Register Rural Historic District is adjacent to the north. This area is not shown as Important Farmlands and Forests. This proposal conflicts with several statements in the Comprehensive Plan. The previously approved plan under SP 92-058 also conflicted with these statements: Rural Development ~oal: "Discourage rural residential development other than dwellings related to bona fide agricultural/forestal use. The limited amount ofresidenfial development which is permitted in the Rural Areas shall be located in a manner to minimize impact on rural resources and to minimize conflict with agricuttural/forestal activities." (p.203) Objective: "Do not allow residential development in the Rural Areas which requires central water and sewer systems." (P.206) Residenti- 1 Scales: "A series of scales for residential development is provided below. As with density standards, these recommendations cannot be considered as absolutes, but should be regarded as guiding principles .... Limit rural residential developments to a maximum of twenty dwelling units .... Develop conventional developments at up to seventy-five dwelling units....The appropriate locations for conventional developments are designated Villages, Communities, and the Urban Area .... Require unified planned developments for projects with seventy-five or more dwelling units .... The appropriate locations for unified planned developments are designated Communities and the Urban Area, and in those Villages that can support this scale of development." (p. 155) Further, the Rural Development section of the Plan discusses the use of the special use permit process for lot size changes and rearrangements, which "enhance the marketability of a property for homesites, and thus are contrary to Rural Area goals." (p.204) A strategy states: "Permit changes in lot size and rearrangement of lots on multiple parcels only if the applicant can demonstrate that the new arrangement is clearly superior because it l~rovides an environmental or public benefit." (p.205) Another strategy, "Permit the option to develop additional development right lots in lieu of dividing the residue acreage ~nto larger parcels, provided the residue acreage is not developed nor further divided under conservation or open space easement or other similar perpetual restrictions...." (p. 205), resulted in the current Rural Preservation Development option. The above points considered, this proposal is not consistent with the Comprehensive Plan for the following reasons: 1. The proposal relies on central sewer and water systems. 9 The scale and character of the proposed development are not consistem with the Rural Area designation, and are more consistent with a location within a Village Growth Area. This area has been specifically described previously as not suitable for consideration as a Growth Area (CPA-89-01). The proposal cannot meet the design standards for Rural Preservation Development option. Compared to the previously approved plan, the proposed arrangement of open space is improved. The open space now provides a buffer from Interstate 64 and other adjacent roads, and protects most of the area designated in the Open Space Plan as Major Stream Valley. If the proposed plan is approved, the remaining lots which cohtain lO0-year floodplain or Resource Protection Areas (RPA's) should be protected by the conveyance of ad. di!ional open space area and/or resource protection easements, as required on the prem0us approval. VI. Summary'of Issues/Recom~nendations/Actions to be Taken The application plan has been revised to address staff recommendation as to physical layout, including compliance with the recommendations of the Open Space Plan. The major issue to be addressed by the Planning Commission and the Board of Supervisors is the request for additional development rights for the six parcels identified on the chart found on page 5 and the overall relationship to the Comprehensive Plan in allowing a development of a Village scale in an area not recommended for such. Staffhas identified the following issues which are favorable and unfavorable to this request: Favorable Approval of this application would allow the property to develop under a cohesive application plan. This would include approximately thirty four (34) percent of the property being placed in open space (this does not include the golf course which consists of another ./- 139 acres). This proposal meets most of the special use permit criteria for subdivisions in the rural area, including its location not being in an area of predominantly agricultural or forestal land uses and its land not appearing to be well suited for agricultural or forestal uses. ' Provision has been made for compliance with the Open Space Plan recommendations (Condition 5). Preservation of the scenic qualities as viewed from Interstate 64 may be provided by platting such areas in this development as open space. The proposal stays within the previously approved area of central water and sewer service. 10 Unfavorable The applicant has not demonstrated that the proposed lots are self-supporting with on-site septic drainfields. The scale of the development is of a Village Growth Area scale rather than a Rural Area scale in an area within close proximity of the Southwest Mountains Rural Historic District. Considering the inconsistency of this proposal with the Comprehensive Plan, this proposal has not been considered within the context of an amendment to the Comprehensive Plan. .The proposal could not be made as a Rural Preservation Development, the idesirable alternative subdivision approach for the Rural Area. A factor ndither favorable nor unfavorable is that while this is not a developed rural area in general, the Keswick development exists now as an approved project ora significant potential development of lots on central utilities. This proposal results in both a greater number and rearrangement of small lots, along with designated open space areas, in lieu of a conventional subdivision of lesser number of small lots combined with 21 acm residue parcels. It does not result in more total lots than could otherwise be theoretically subdivided and meets most special use permit criteria for subdivision in the Rural Area; However, it could not be proposed as a Rurala Preservation Development and, of significant concern, results in a village scale of development inconsistent with Comprehensive Plan goals, objectives and strategies for this area. Staff believes that such a proposal should be considered through analysis for amendment to the Comprehensive Plan as to its overall relationship and affect to the area and consideration as to the appropriate designation of the area. Absent that analysis, staff cannot support the special use permit request on its own. Should the Board choose to approve this request, staffrecommends appropriate language be included in the Comprehensive Plan now under review and revision to address this area. VI. Recommended Action~ Based on Comprehensive Plan considerations, staffdoes not recommend approval of SP-95-02. Should the Board of Supervisors approve this request, staff recommends the following conditions of approval: Development of this subdivision shall be in general accordance with the Keswick Estate Application Plan dated November 28, 1994 and revised April 3, 1995 and May 1, 1995; Floodplain crossings to allow private road construction in accordance with SP-92-059; 3. Water Resources Manager approval of a water quality impact assessment; 11 Compliance with State Corporation Commission requiremems for water and sewer utility services; In the review of future plats and plans, provisions shall be made for protection of streams valley areas located on proposed lots by the conveyance of additional open space and/or resource protection easements to the homeowners association or other entity agreeable to the developer and the County for the purpose of permanent protection of these areas. ATTACHMENTS: A Applichnt's Proposal B Tax Map Parcel/Location Map C Tax Map Parcel Analysis (by Applicant) D Memo 15om Jan Sprinkle to Yolanda Hipski dated April 21, 1995 E Keswick Utility jurisdictional Area A:\SP9512-2.RPT 12 KESWICK IATTACHMENT A I JPage 11 701 COUNTRY CLUS DRIVE POST OFFICE BOX 68 KESWICK VIRGINIA 22947 TELEPHONE 804 979 3440 FACSIMILE 804 979.3457 April 5, 1995 Ms. Yolanda Hipski Planner Albemarle County Department of Planning and Community Deve}o~ment 401 Mclntire Road Charlottesville, Virginia 22901 ~ RE: SP-94-39 Based on our numerous meetings and conversations with you and other staff members of the departments of Planning and Zoning, Keswick Corporation and Mrs. Laura Yergan are ~ hereby a[nending our application of November 28, 1994 to request a new Special Use Permit which will, if approved, allow for the development of 34 existing parcels of record presently owned or under contract by Keswick Corporation (please see attached table) inclusive of the~ existing 18 hole golf course unto the following land use categories: 1. Eighty-five (85) residential building lots containing a total of 2. An existing 18 hole golf course 224.710 acres 3. New streets or roadways 4. Golf Maintenance Site 5. Wastewater Treatment Site 6. Open Space System Total acreage covered by application 139.049 acres 16.600 acres 5.567 acres ~/.787 acres 126.809 acres 517.520 acres The purpose of this Special Use Permit is to allow Keswick Corporation to incorporate several important changes into its exist_ing (approved) master development plan. 2 Description of Request The proposed changes to the existing Master Plan are as follows: 1. Deletion of the nine hole golf course expansion from the Master Plan. 2. Redesign of the existing approved lot layout plan into a subdivision of approximately 224.710 acres into 85 residential lots with an adjoining open space system of approximately 126.809 acres.~ Six parcels of record (TMP 80-90,93,94,95 & 98) have been added to the plan since the approval of SP-92 58. These acquisitions total 16.994 acres and together have 7 development rights. It is proposed that these additional five parcels be incorporated into the Keswick Estate Master Plan and have access to the central water and sewer service provided by Keswick Utility System. 3. Although not anticipated in tile current master development plan, Keswick Corporation proposes to retain the right provided for under the existing approved Master Plan to cross Caroll Creek at a point described as Cedar Lane on the existing plan. 4..Rec°rdati°n of separate parcels for both the wastewater treatment plant and the golf Inamtenance facility. Please note that Mrs. Laura Yergan has joined with Keswick Corporation as co-applicant for this Special Use Permit. Mrs. Yergan currently owns TMP 80 parcels 93.94 & 95 comprising 10.636 acres. This application, among other things, includes the subdivision of Mrs Yergan's land into four lots with Mrs Yergan retaining two for her own account. Keswick Corporation will, under a separate agreement, purchase the remaining two lots which will be added ti) the Keswick Estate. Justification for Request This plan provides for the elimination of approximately 5,420 linear feet of loads and a significant amount of sewer line construction with all its associated grading, learth moving and excavation This results in a significant decrease in negative impact to the environment in comparison to the existing approved Master Plan. This plan does not increase the density of development beyond that which could theoretically be achieved "by right" in the rural areas of the County. As you will note on the attached table, exclusive of file golf course (TMP 80 8Z) there are 82 developlnent rights and 6 residues on 33 parcels of record within the boundary as defined in this application. Keswick Corporation simply is requesting that the Board of Supervisors, through their power of legislative description (described in Section 10.5.2.1 of the Albemarle County Zoning Ordinance), allow for more tlevelopment rights than can be achieved by right on 6 existing parcels of record. Of the remaining 27 parcels included in this application Keswick Corporation is requesting the s~me number of I ATTACHMENT A I 3 development lots as can be achieved by right on 13 existing parcels of record and fewer development lots than can be achieved by right on 14 parcels of record. In so doing the Board will enable Keswick Corporation to realize a development plan which is far superior to the existing plan in both its sensitivity to the environment and its economm feasibility. This plan will also eliminate 3 nonconforming parcels. With respect to the conformance of this plan to Section 10.5.2.1 b 1-8 and 31.2.4.1 of the Zoning Ordinance I make reference to my letter of justification for SP 92r57, 58 & 59 to Mr. Wayne Cilimberg dated Septemher 28, 1992 and a memorandum of response to the Staff Report for the~same dated December 1, 1992 copies of which are hereby attached for your rewew. Thank you for your consideration of this request. Sincerely Director of Real Estate Development and Planning Keswick Corporation APR ~$ 1995 ZONING ~J~ [PART~4Eb~r£ l DEVRTS.XLS ' Keswick Estate Development Rights/Lot Compadson 80-8 West 22.z 5 80-8 E~t ~2.5 5+2[~s___ -: 8 (0r 6 ~ 2 residues ~re ~un{ed) _ 80-8D2{ 2.0~3' L _3.8 80-8D3 96 80-8D4 ~ J 2.014 .... ~ 1 0 ~o-~c J~ ~ o -2 B0-SZ 139.049 .......... O~ ~ISTIN~ ~OLF ~URSE ~0-21A 2 I 0 -1 80-2~-- 0.852 1 0 80-41 3.49 1 ..... 80-43 2.33 1 0 8~-jlA 2 80-60 8.057 4 80~-- ...... 4--228 80-62 57.44 5+2res. 11 6 {or 4 if residues are ~unted) ~0-93 3.09 ..................................................................... ~ ............... ~75~ ....... ~ .................. ~ 5 ........................................................... 7fl' 5 ~0-97 ~ O. 3 -2 80-98 ~__ 4.59~ 2 80-100 ~ 2.19 80-106 5.18 2 1 -1 ~0-10gA .... 2~28~ _~._ 9 3 ~-~ ~l.3s 5 - ~- -5 Total 518.964 82+6res. 85 More dev. ~. reqyest~ on 6 par~ s ....... . ................................... ~erd~v. Hs. ~quested on ~ 4 parcel~-~ ~o chan'ge on 13 parcels Page1 j $ ~ATTACHMENT B~] Laura Yergan S~ ~\~ SP-95-12 Keswick Corporation & Laura Page ATTACHMEHT 3.687 [o 4.379 5-l-2re~l. 1 1 2 0.852i 1 2.33 5o5 1 .'(1 3.09 4.595 1 4 2 5 5~ltes. 2 5 1 0 o o D' D 12 2 10 4 i : Lots Requested c ~ NG i-1 t-1 COUNTY OF ALBEMARLE Department o{ Zoning 40I IVlclntire Road Charlottesville, Virginia ~902-4596 (804) 296-5875 FAX (8041 972-4060 TDD (804] 972-4012 MEMORANDUM -- TO: yol~anda Hipski, Planner FROM; .lan Sprinkle, Zoning Assistant DATE: April 21, 4995 RE: SP-95-08, Keswick Estate Development Rights After consulting with Amelia, the determination is that the goIf maintenance facility parcel andthe wastewater treatment plant parcel do require one development right eaoh to meet {}'10.3.1 relating to the division of a parcel into lots. This wil mean that the table submitted with the SP should be revised to state 87 total proposed lots, two of which are for non-residential uses. They should be changed for parcels 60A and 62 under the column proposed lots (as one proposed non-residential lot for each) and also under the column showing lots deleted The other summaries will remain the same. With the above changes noted, we concur with the applicant on this table regarding the development rights. We believe that this was the last determination which was needed for you to process this request. If there is any other zoning issue which you need resolved, please contact me. I ATTACHMENT EI IPage 11 KESWICK lanuary 13, 1993 Mr. V. Wayne Cilimberg Director of Planning and Community !Development Albemarle County 401 Mclnlim Road Chadouesville, VA 22901 Re: Keswick Utility lurisdictional Area Dear Wayne: Commission action jurisdictional Area to include We a~'e hereby requesting an amendment to condition six in your Planning letter dated December !6, 1992. We propose the Keswick Utility all those parcels of land which are contiguous to the lands cun-ently owned by Kes~ick Corporation which are bounded within the larger area of State Route 616, State Route 73 l, State Route 744, Interstate Route 64 and the CSX Railroad right of way We thank you for your consideration of this matter. Sincerely, /,//pete Bradshaw Deyelopmem Planner Keswick Corporation COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296 584~3 FAX (804~ 972-4060 ME'ORA ND UM Charles S. Martlr W~Jter F. Perkins Sally H. Thomas TO: FROM: DATE: SUBJECT: Melvin Breeden, Direcmor of Finance Elis W. Carey, Clerk ~0~-~ November 7, 1995 Jefferson-Madison Regional Library At its meeting on June 28, 1995, the Board of Supervisors approved an additional S24,289 for the Library, s FY 1995-96 budget mo fully staff the Northside Library° Attached is the signed appropriation form. EWC:mms Attachment CC: Richard E. Huff, II Roxarn/e White Printed on recycled paper APPROPRIATION REQUEST FISCAL YEAR 95/96 TYPE OF APPROPRIATION NUMBER ADDITIONAL TRANSFER NEW X 95033 ADVERTISEMENT REQUIRED ? YES X NO GENERAL FUND PURPOSE OF APPROPRIATION: FUNDING TO FULLY STAFF NORTHSIDE LIBRARY FOR FY 95/96. EXPENDITURE DESCRIPTION AMOUNT COST CENTER/CATEGORY 11~0~7302070C008 NORTHSIDE LIBRARY $24,289.00 TOTAL $24,289.00 AMOUNT REVENUE DESCRIPTION 2100051000510100 INMATE TELEPHONE ACCOUNT $15,000.00 TOTAL $15,000.00 ************************************************************************ REQUESTING COST CENTER: APPROVALS: DIRECTOR OF FINANCE BOARD OF sUPERVISORS L IBP~ARY S I GNATURE DATE COUNTY OF ALBEMARLE EXECUTIVE SUMMARY ~GENDA TITLE: ,fferson-Madison Regional Library FY 1995-96 Budget ~equest ]UBJECT/PROPOSAL/REQUEST: ~taffreport on impact of not funding hhe STAFF CONTACT: Tucker, White AGENDA DATE: ITEM NUMBER: ~ane 28, ~995 q.~. O~ .Ts', ACTION: X INFORMS_ TION: CONSENT AGENDA: ACTION: INFORMATION: BACKGROUND: During the Board's FY 1995-96 budget worksessions, the Jefferson-Madison Regional Library requested four additional positions, two for Monticello AV and two for Northside Library, a Library Clerk and a Library Assistant H. The County Executive's Recommended budget included funding for 1.5 FTE new positions, one full-time project coordinator for Monticello AV and a part-time libra~ clerk (half of the requested position) for the Northside Library. In addition to funding limitations, the limit to the recommended new positions was partially based on prel~ discussions with the City Manager's Office on what could bc jnlnfly recommended for the library for FY 1995-96. During Budget warksessibns, the Board approved additional funding for the remainder of the part-time clerk's salary ($7,500) and the fall-time Library Assistant II ($24,289) at bTorthside. Although in retrospect it was unclear whether funding for these positions was conditional Upon the Cites share of the funding, when the final budget was adopted on April 12 the additional f~nding for the Libraty Assistant II was deleted since the position had not been funded by the City. These funds were put back in the Board's reserve account, which increased with other items from approximately $27,000 to $62,000. At that time, the Board requested that staff report back in May on the impact on Northside Library of not funding this position. The following reflects staffs analysis of that impact. DISCUSSION: The library reported in their budget request that the circulation of the No~hside Branch increased 81.5% f~om 1991-1994. From 1992-1993, the Noffi~side circulation increased from 144.119 to 307.211 (53%) and from 1993-I994 it increased to 375.161 (22%). At the opening of the Northside branch, staffing levels were planned to serve 250,000 circalation, but by the end of 1994-95 circulation is expected to exceed 400,000. Tbe library board's request stated that the circalati°n per lq'g at N°~thside is 46'895 c°mpared t° the Cantral Libra~3r at 22.436 and Gordon Avenue at 26.982. Other indicators cited for thc increased need for staff since 1991-92 included: an increase in the number of books of 54.5% since 91/92; a 68.6% increase in the unmber of interlibravy loans; a 59% increase in the number of attendees at sto~dmes; and an increase of 64% in the summer reading program. It is obvious from the numbers that Northside Library has exceeded the expectations for circulation and s~affing since its opening in FY 1991-92 with current staffing taldng on more of the load of the total library's ciroflafion. Without the additional staff persom the circulation load wilt be reduced to 41,362 per FTE with the one new position, rather than 37,255 per FTE with two additional positions. Although the impact on the Nord~side Branch is that current staff will be overloaded, what is difficult to assess is the impact on the regional library system, since overall circulation rose only 2.6% from FY 92-93 m FY93-94. With such a slight inciease in circulation system wide compared to such a signficant increase at the Nosthside Brancl% the Library Board may need to consider reallocafing staff resources among its librmy branches, rather than adding additional staff. . The uegalive impact for the County in funding the second additional posmon at the Norths~de Library vathout the C~ty s contributton ~s tlaa ....... co~. ' ' m are~mgposed to be ....... .m ~.= ~[~oa of the Ci*~ in fundin~ a joint operation, whose junsdicttonal based on an equitable share of the costs of circulatton be~vcen c~ty ann c°anry restuents' RECOMMENDATION: 95.105 Library Request for additional staff person at Northside: From Donna Selle: · Have already funded $3,200 for a part-time shelver from some extra funding that will help lessen the workload on other staff. · Donna says that they could fund a circulation clerk, not the Library Assistant position at $24,289, for an additional $15,000. This would require a match of $4,000 from the City to fund this position, but Donna thinks the city has some additional funds in the library budget that could be used for their share (with their approval, of course). · Total position cost for a circulation clerk is $19,118 x 79% (our share) is $15,000. COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804l 296-5843 FAX 1804] 296-5800 MEMORANDUM Char!es S, Martin Waiter F Perkins Sally H. Thomas TO: Board of Supervisors FROM: Ella W. Carey, Clerk, CMC~~-~ DATE: June 23, 1995 SUBJECT: Reading List for June 28, 1995 December 14, 1994 - pages 1 14 (#12) - Mr. Marshall pages 14 ($12) - end - Mrs. Thomas March 1, 1995 - pages 1 - 16 ($!7) - Mr. Perkins pages 16 ($17) - end - Mr. Bowerman April 7, 1993 -~p~ 24 (~-'-- ~S pa_~_~ges 34_~ end ~r~ May 10, 1995 Mr. Martin EWC:mms Printed on recycled paper COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804~ 296-5843 FAX ~804) 296-5800 Charles $. Martin Walter F. Perkins Sally H. Thomas June 29, 1995 Mr. Kaye Hardin Emergency Operations Center P.O~ Box 911 Charlottesville, VA 22902 Dear Mr. Hardin: Enclosed is the adopted resolution declaring Albemarle County as a local emergency, as adopted by the Board of Supervi- sors at its meeting on June 28~ 1995o If there are any questions, please call me for assistance° Sincerely, Clerk Carey EWC/tpf cc: Rick Huff Printed on recycled paper RESOLUTION WHEREAS, Albemarle County has had unceasing and relentless rains for the month of June, 1995; and WHEREAS, the Board of Supervisors of Albemarle County. does hereby find that: Due to the heavy rain, Albemarle County is facing dangerous flood conditions; Due =o the floods, a condition of extreme peril of life and property necessitates the proclamation of the existence of an emergency; NOW, THEREFORE, THE ALBERMARLE BOARD OF COU1TTY SUPERVISORS HEREBY PROCLAIMS that an emergency now exists throughout the County; and IT IS FURTHER PROCLAIMED ~ ORDERED that during the exis~ uence of said emergency the powers, function, and duties of the Director of Emergency Services, and the emergency providers of Albemarle County shall be those prescribed by state law and the ordinances, resolutions, and approved plans of Albemarle County in order to mitigate the effects of the emergency° I Ella W~ Carey, do hereby certify that the foregoing writing is true, correct copy of a resolution adopted by the Board of County Supervisors of Albemarle County, Virginia, at an adjourned meeting held on June 28, 1995o C1 k~~ Board of ~isors League ANNIVERSARY 1920-1~95 of Women Voters of Charlottesville and Albemarle County 413 East Market Street, Room 203, Charlottesville, VA 22902 (804) 972-t795 Fax (804) 972-1796 To: Charlottesville City Council & Albemarle Board of Supeffis~isz~.,~: John Casteen and Leonard Sandridge, University of Virginia. Date: May 18, 1995 The League has long-supported city-county and regional cooperation. We attend the Planning and Coordinating Council (PACC) meetings and have watched you develop rapport and address issues of mutual interest. We are distressed that quarterly meetings have been cancelled because there were no matters to discuss, and we understand that this month's meeting has only a limited agenda. We have taken the liberty of suggesting topics we consider worthy of policy consideration as you plan for future meetings: 1. Highway Issues The PACC started the discussions that led to the 3-party agreement on the 29-North corridor. The PACC is a natural arena for discussing areas of agreement that remain even though the original agreement may have been discarded by the City, County and the Commonwealth Transportation Board. What agreement exists on the Meadowcreek Parkway Extended and the University's North Grounds connector? 2. Other traffic-related issues Several topics have been discussed by the staff in recent years. Can we expect to see creative planning on such concerns as traffic reduction strategies, the cost of JAUNT, MPO membership, and transit cooperation? We understand that the May agenda includes review and approval of the regional transit plan, so perhaps some of these issues will be addressed. 3. Comprehensive Plans How are the three comprehensive plans dovetailing? City-County- University visioning sessions, neighborhood and other meetings, and written comments in the media sparked the interest of hundreds of thoughtful people. Are our shared visions to be given only lip-service or are the three entities incorporating area visions in their long-range plans? Is that vision of one 3-section regional Comprehensive Plan still possible in our future? 4. Southern City Study This study, which includes the Ivy Road corridor, impacts all three entities. It would seem natural for PACC discussion. "..a non-partisan organization dedicated to the promotion of informed and active participation of citizens in government.. Letter to PACC Leadership - 2 5. Sustainability Council Since it appears that the Sustainability Council is the natural legatee of the visioning sessions, how does the University fit into this effort? We understand that one of the "Area B" studies may be on the May agenda. Are other studies in progress? 6. The Institute for Sustainable Design and Commerce at UVA's Architecture School. This Institute apparently plans to involve and serve the local community. How will commtmity participation be structured/invited? What interaction might/should there be between the Institute and the Sustainability Council? 7. Economic Developmen! The City and the University are in the regional partnership. Do they have a continued interest in involving the County? What role does the University plan to play in the parmership? a development role with its research parks? a job-training role (ideally, coordinated with PVCC and CA-TEC)? and/or the leadership role of the area's largest employer? 8. State budget issues What are state and federal cut-backs doing to the programs and employment levels of each entity? Would a united legislative position be more effective in subsequent sessions of the General Assembly? The health of the University is crucial to the strength of the local economy: what impact will state cuts have on our community? 9. Privatization of the University Medical Center What are plans for this? How might it impact the local community? 10. Greenbelt trails The Milton study is involved in the proposed greenbelt. What further plans are contemplated? 11. Computer interfaces The three police departments and the general community (with Monticello AVV) are increasingly interconnected. Are there policy decisions involved? Are policy-makers aware of the interconnections? UVA maps are on-line. Could they be connected with maps of the region? 12. Telephone fraud Did the University study reveal anything that would be relevant to the localities? Letter to PACC Leadership - 3 13. An ozone monitor We understand that an ozone monitor may be made available for regional use. Are there other instances of cooperation that should be shared among policy-makers? 14. The University's Capital Campaign What new buildings are proposed? What impact will they have on the community? traffic patterns? What construction time-table is expected? Since the 1992 Capital Bond referendum was strongly supported by the local community, it would seem appropriate to keep the public informed on the plans and construction. 15. University policy on administrators and community service With the advent of the elected school board in the County, the number of local elected officials will increase, ls the University considering the community impact of its policy forbidding administrators from holding elected office? What is University policy regarding appointive positions? Would the University consider encouraging such community service, as some other local employers do? 16. The value of the PACC to decision-making in our region Officials of all three PACC entities were leaders in the community's visioning process. We respectfully request that you develop a vision for the PACC, a way to implement the major thrust of hundreds of Visions statements that we are one community and we need cooperative, coordinating planning to guide our future development and enhance our quality of life. Since you are the policy-makers with the staffs to follow through on these concerns, we hope that you are committed to providing this leadership. Together you comprise the focal point and the dominant influence over Central Virginia. You ail draw employees from our neighboring counties. These two facts and the population and economic growth projected for our area suggest that we should also be considering an increased emphasis on regional planning and coordination. Thank you for your attention. LEA)DUE OF WOMEN VOTERS Katie Hobbs, President J.A. KESSLER. JR.. President D.E. SOURS. Senior Vice President R.E. LEE. JR.. Treasurer Mr. H. Basil Hallquist 1200 Old Garth Road Charlottesville, VA 22901 Please repty to: Chado~tesville June 20, 1995 Dear Mr. Hatlquist: We are in receipt of your letter of June 12, 1995 expressing concerns about the inconvenience the construction activities on the Galtison Hall property have caused to you. We apologize for the inconvenience and want to let you know that R. E. Lee & Son has been in business for 56 years in Albemarle County, and we relish our reputation as being a quality contractor who is particularly sensitive to the impact of our work on adjacent property owners and the environment. As you are familiar with construction contracting, I want to bring the following matters to your attention as a way of explanation of our Gatlison activities over the past year. R. E. Lee & Son, Inc. was awarded a contract by Mr. Scott to make certain improvements to his property, based on lump sum competitive bids received by Mr. Scott_ Our contract scope of work does not include all of the construction activities that have been on-going during the past year. There are other contractors also working on the property directly for Mr. Scott. R. E. Lee & Son, Inc. did not cut your water line; that was done by another contractor, not working for us. As required by State law, R. E. Lee & Son excavated several locations on the Gallison property only after the utility locations were marked by the "Miss Utility" coordinator. "Miss Utility" failed to identify buried telephone lines m two locations. While excavating in these "cleared to excavate areas", we did cut the telephone line on two occasions. We immediately stopped work, notified the telephone company, the repairs were made and service was restored within three to four hours. It is my understanding that other underground lines have been cut by other contractors working on the property. A schedute developed in the contract with Mr. Scott requires that we work extended hours. We are doing so in an effort, to complete our contract work within the next two weeks.. Construction access to the GaIlison Hall project has been designated as Finders Way. The size and volume of the construction activity has caused damage within that 50' dght of way. It is my understanding from Mr. Scott that he intends to restore and upgrade the Finder's Way roadway at his expense at the corn pletion of his construction activities. The 50' dght of way road easement Construction end Engineering Management Since 1939 'R. E, Lee and Son, ~nc. Mr. H, Basil Hallquist Page 2 - June 20, 1995 agreement dated 3 November 1976 which you sent to us, says that the Bernhardts and owners of lots 1 through 6 may all use the 50' ingress and egress easement, and that each of the seven lots will be assessed 1/7 of the cost of maintaining the road. I do not find anything that restricts the use of that road to lot #3 only. We ask you to discuss your concerns about legal access to Gallison via Finder's Way directly with Mr. Scott. Mr. Scott had a complete sitework plan designed by professional engineers and had the plan approved by Albemarle County. This included all storm water drainage requirements, both temporary and permanent. The sitework has been monitored very closely by Mr. Shaw of Albemarle County, apparently at your request. We have cooperated fully with Mr. Shaw, and have in all instances exceeded our contractual and the permit requirements, in addition. Mr. Scott had several culverts installed within the 50' Finder's Way easement to facilitate the flow of water away from your property and down to Old Garth Road. I have directed our site supervisor to install some additional straw bales as you suggested, to minimize the impact of water runoff on your property. It is Mr. Scott's plan to sod and landscape a large portion of his property within the next sixty days, which will then define the permanent storm water drainage pattern for the area. Again, both R.-.-7_ Lee & .Son and Mr. Scott want to be good Albemarle County neighbors. Sincerely, D. E. Sours, P.E. Senior Vice President /cks:des-L0003 CC: Mr. James F. Scott w/enclosure Mr. Don Powers 1L E. Lee & Sons Hydraulic Road Charlottesville, VA 22901 H. ASm m $ LQt T !200 OLD OA_RTH ROAD L%4ARIX)TIES~ VA 22901 ~ 12, 1995 DearMr. Powem: We are not acquainted, however, I live adjacent to the, C~llison Hall project that you have under contract Our prop¢~ty has been subj~t to const~ abuse since the inception of the proje~. Our water lines have been cut ~tien we had dinner ~e~, the phone and TV Cable 0lines have been ~vered, (we were without phone service for over a week b~m~se ofoross ~ on ~ ~tem c~used by dan~ge lo the phone cable). Traffic to the site starts at 6:00 A. M. in the morni~ and r~cently goes on i~r seven d~m per wevk, We are entitled to the peaceful quiet enjos~nent of om' residence x,~i& has not existed for the p~ year. In addition our prince road has vitally been &~wed. I have att~hed the recorded dedication, You will note that ~s only provides for It~ use of lot ~ and not the to~ properly. Therefore, the use for construction of the total property, has not been legal. I recognize flint it would have been n dis~er for the Famin~on Club for this traffic to u~e the Legal Entrance of G~leon Hall. My current concern is the accelerated drainage across ~l lot during the rains. Bobby Shaw of the counly is trying to be helpful but his effort is ignored. The water flow is so heavy because ffthe higher elevations and barren areas that drain to this low point. In addition this flow is startin4 a new stream bed ~ough the lower properties, R is common practice in situations l~e Ms to u~e a primary barricade of baled s~w to slow the flow ofw~er so the sedimeut barrier canbe effective, ! ~ no ~i~ ~er to con~s~action, I ~rmaged ~he M~u M~etta project~ for the total corporation for over 25 years, In addifor~ I ~n a past President of the Industrial Development Research Council. I still do some consulting for major complies in their site selection process, It is impe~ve tl~ additional m~st~'es be established to prevent the flooding of adjacent properties. Your~ truly, 1t~ Basil Hallquist CC: Albemarle County Board o£St~pervisors J._V~ WhitleY G Associates, Inc. Distribution Consultants to Industry Route 5, Box $94 Charlottesville, VA 22901 804-29~-6752 Ms Charlotte Humphris Board of Supervisors Albermarle County 401 McIntire Road Charlottesville, VAo Dear Ms. Humphris: 22902-4596 May 12, 1995 I am writing to you as my elected representative to protest the uncontrolled debauchery of the recent Fnw~td ~c~. ~at was proposed and supported seventeen years ago by all adjoining property owners as a race for horse lovers has degenerated into a UVA (attached Daily Progess article) drinking event because it is prohibited at UVA sports events. Drinking is prohibited universally at all amateur events as well as professional activities? yet Foxfield does nothing at their sports event° Their newspaper commen~ was that we will wait until some drunk has a major accident° This is indicative of their control of the most recent event. Without repeating the complaints to Foxfietd and the police plus recommendations, I would address issues controlled by our County management: Doesn't the health department become involved in setting health sanitary portables relevant to anticipated crowd and, if so~ how are they implementing those codes. Our police department literally collapsed in the last two or three hours of the race when most problems develop by reason of excessive drinking. They were either not there or from my property directly across from Foxfield~ they simply congregated and stopped patrolling° o Isn't their an Agency like ABC that is responsible for underage drinking and where were they at this performance° The police could have probably written a thousand DUI's with checks set up all routes leading to UVA without inhibiting traffic flow from UVA - Zero. A Special Use Permit is designed to control usuage intensity and incidental use to primary intent. We get heavy equipment auctions, pig roasts, association parties, etc. Who is reviewing, if anyone, and when does it become controlled? J..Vo Whitley & Associates, Inc. May 11, 1995 Chief John Miller Albemarle County Police 401 McInZiteaRoad Charlottesville, VA 22902-4596 Dear Chief Miller: I have attached my strong complaint letter to the Foxfield Racing Association for what I consider one of the mostly badly managed shows in seventeen years. My letter to you is not to reiterate, but to specifically address police performance. Since my property is directly opposite the west parking field of Foxfield, I was on center stage. Police performance was superb controlling traffic coming into the Foxfield grounds and street Datrol for the first three-four hours. As the day wore on, only one motorcycle policeman and one patrol car moved up and down the road° The rest congregated at the main gate and had a love fest.. ~en~ the race was over, virtually all police patrol seemed to disappear except for two to four policeman at each gate for traffic control. ~hen the fourth car oarked on my front lawn refused to move, my wife had to literally step out into the middle of the road to stop the police car or he would have passed us by. There was no visible foot patrol in the west field area where the UVA students were having heavy drinking parties. My suggestions to the police: O Foot patrols along the fence line to prevent students from jumping the fence to get in free and to stop students from returning after buying liquor mix or urinating in other people's property. Sitting in police car doesn't work. o Less patrol cars and more motorcycle police who can move more freely and uninhibited on a congested road. DUI checks set up on US250, Rte 29, Old Hydraulic and Owensville Road. These children came out of Foxfield driving drunk. This does not affect traffic flow from Foxfield, but perhaps stops serious accidents. Aside from requiring traffic exiting the main gate to turn right towards Barracks Road, all traffic from ~he West Gate should be required to turn left to Old Hydraulic. A traffic policeman at the outside parking lots at the west end would also require traffic to head to Old Hydraulic. Traffic coming from Owensville-Whitehall diverted to Hydraulic. This gives almost uninterrupted traffic flow from Foxfield instead of stop-and-go° Best Regards, o/s~ph V. Whitley cc: Charlotte Humphris J.V~ Whitley & Associates. Inc. May 2, 1995 Mr. Patrick Butterfield Foxfield Racing Association Post Office Box 5187 Charlottesville, VA 22905 Dear Mr. Butterfield: I wish to register a strong complaint over the chaotic conduct of the Foxfield Race April 29t 1995 and offer some recommendations. Instead of the race being cleared by 6 o'clock~ cars were still leaving at 8 P.M.. This two hour delay occasioned by a horse breaking loose, allowed two more hours of excessive drinking° During this two hour period, I had to patrol my property, which is directly opposite your west field parking area° A condensed synopsis of my activities: Chasing urinating UVA students trying to use my property for a bathroom; dozens more urinating on my trees while I was chasing compatriots at the other end of my grounds;Three cars crossed my drainage ditch, endeavoring to park on the front of my property bordering Garth Road; A fourth car refused to move and the police had to be called to enforce the law; a fifth car parked in my driveway for 35 minutes, taking his keys while he went looking for friends; a sixth car asking me to remove my car from the head of the driveway so they could turn around; and three cars that swerved into mv drainage ditch and back onto Garth Road because they were obviously drunk. In summary, Foxfield has a responsibility for the conduct of it's spectators and the assurance of my right to privacy. Foxfield is supposed to be a race event and not a drunken party for UVA. My recommendations: o Prohibit consumption of alcoholic beverages and sell soda on the grounds instead. Inebriated people should be refused admittance. o Start on time and finish on time by 5 P.M. so grounds are cleared by six. A horse breaking loose is not an excuse to stop everything if there are adequate personnel. o Foxfield has never had sufficient portable toilets. Add alot more and put some in the west field parking area. There was not a single toilet in that area so I was used. o Foot patrol securit~ along the fence line to patrol and keep students from lumping the fence to enter or leave.. Spectators who leave should not be allowed back in for any reason. All your police security sat in patrol cars. o Security disappeared when the race was over except for traffic control at gates keep security until the gates are closed this is when it is needed most. o Departing cars from the main gate must turn right towards Charlottesville. Cars leaving the west gate and outside~ parking must turn left to Old Hydraulic. This precludes stop-go traffic in front of Foxfieldo John Miller Charlotte Humphris hitley FAX TRANSMITTAL TO Dana Hubbard FROM L E Neher CO Daily Progress CO Albemarle County DEPT Classified PHONE # 296-5843 FAX # 978-7223 FAX # 296-5800 $CI~%SS,MonAd,AlbemarleCounty PUBLIC NOTICE\qCr\ Albemarle County\qcr\ Board of Supervisors\qcr\ June 28, 1995\qcr\ ...Notice is hereby given that the Board of County Supervisors of Albemarle County, Virginia, will conduct public hearings on June 28, 1995, 7:00 p.m., Meeting Room #241, Second Floor, County Office Building, 401 McIntire Road, Charlottesville, Virginia, to consider the following petitions:\qlr\ 1) ZMA-95-02. H & H Partnership. To rezone approx 1.88 acs from R-2 to HC. Property in SW corner of Rt 631/I-64 inters. TM76,P55B. Site recommended for Community Service in Neighborhood 5 in Comprehensive Plan. Scottsville Dist.\qlr\ 2) ZMA-95-03. H & H Partnership. To rezone approx 2.163 acs from R-2 To HC. Property in SW corner of Rt 631/I-64 inters. TM76,P55D. Site recommended for Community Service in Neighborhood 5 in Comprehensive Plan. Scottsville Dist.\qlr\ 3) ZTA-95-02. University Real Estate Foundation. To emend the Zoning Ordinance in Sections 29.2.5 and 29.2.6 to create a Category III with by-right & special use permit uses in the Planned Development-Industrial Park (PD-IP) catego- ry.\qlr\ 4) SP-95-06. Robert'Couch, Jr. To permit expansion of existing antique shop & outdoor display of merchandise on approx 1.2 ac zoned RA & EC located on N sd of Rt 250E approx 0.5 mi E of entrance to Glenmore dvlp. TM79A1,Sec C,P's10&- 11. Rivanna Dist.\qlr\ 5) SP-95-07. Institute of Textile Technology. For school of special instruc- tion on approx 12.5 ac zoned CO & EC located on Rt 250W. Property is site of ITT. TM60,P28. Samuel Miller Dist.\qlr\ 6) SP-95-12. Keswick Corporation & Laura Yergan. For division of land as provided in Sec 10.5 to allow 30 more lots than the total number permitted under Sec 10.3.1 and Sec 10.3.2 on approx 535 acs zoned RA & EC Overlay Dist. Development shall be in accord with proposal plan. Property is location of the Keswick Country Club development. TM80,P'sS,SC,SCl,8D2,SD3,SD4,SJ,SZ,21A,27, 29,31,41,41A,43,60,60A,61,61A1,62,69,70,70A,90,93,94,95,96,97,98,100,lO6,109A & TM94,P42A. Rivanna Dist.\qlr\ ...Anyone desiring further information about the above petitions, please contact the County Department of Planning and Community Developments Second Floor, County Office Building, or telephone 296-5823.\qlr\ ...Reasonable accommodations will be provided to persons with disabilities, if requested. Please call 296-5827.\qlr\ Ella W. Carey, Clerk, CMC\qlr\ Purchase Order No. A-743 Bill to: Albemarle County Account Number 204066 Date: June 13, 1995 Date Run: June 14 and June 20, 1995 J~V. Whitley & Associates, Inc. Distribution Consultants to Industry Ms Charlotte Humphris Board of Supervisors Albermarle County 401 McIntire Road Charlottesvillet VA. Dear Ms. Humphris: 22902-4596 RouTe 5, Box 394 Charlottesville, VA 22901 804-296-6752 May 12, 1995 I am writing to you as my elected representative to protest the uncontrolled debauchery of the recent ~n~f~]~ ~c~. ~at was proposed and supported seventeen years ago by all adjoining p~operty owners as a race for horse lovers has degenerated into a UVA (attached Daily Progess article) drinking event because it is prohibited at UVA sports events. Drinking is prohibited universally at all amateur events as well as professional activities~ yet Foxfield does nothing at their sports event. Their newspaper comment was that we will wait until some drunk has a major accident° This is indicative of their control of the most recent event. Without repeating the complaints recommendations~ I would address management: to Foxfisld and the police plus issues controlled by our County Doesn't the health department become involved in setting health sanitary portables relevant to anticipated crowd and, if so, how are they implementing those codes. o o Our police department literally collapsed in the last two or three hours of the race when most problems develop by reason of excessive drinking. They were either not there or from my property directly across from Foxfield, they s~mply congregated and stopped patrolling. Isn't their an Agency like ABC that is responsible for underage drinking and where were they at this performance. The police could have probably written a thousand DUI's with checks set up all routes leading to UVA without inhibiting traffic flow from UVA Zero. A Special Use Permit is designed to control usuage intensity and incidental use to primary intent. We get heavy equipment auctions, pig roasts, association parties~ etc. Who is reviewing~ if anyone, and when does it become controlled? e~rds, . Joseph V.~ ,~.J.V~.~ Whitley & Associates, Inc. May 11, 1995 Chief John Miller Albemarle County Police 401 McIn~i~eeRoad Charlottesville, VA 22902-4596 Dear Chief Miller: I have attached my strong complaint letter to the Foxfield Racing Association for what I consider one of the mostly badly managed shows in seventeen years. My letter to you is not to reiterate, but to specifically address police performance. Since my property is directly opposite the west parking field of Foxfield, I was on center stage. Police performance was superb controlling traffic coming into~ the Foxfield grounds and street patrol for the first three-four hours. As the day wore on, only one motorcycle policeman and one patrol car moved up and down the road. The rest congregated at the main gate and had a love fest.. When the race was over, virtually all police patrol seemed to disappear except for two to four policeman at each gate for traffic control. ~fhen the fourth car parked on my front lawn refused to move, my wife had to literally step out into the middle of the road to stop the police car or he would have passed us by. There was no visible foot patrol in the west field area where the UVA students were having heavy drinking parties° My suggestions to the police: Foot.patrols along the fence line to prevent students from lumping the fence to get in free and to stop students from returning after buying liquor mix or urinating in other people's property. Sitting in police car doesn't work. o Less patrol cars and more motorcycle police who can move more freely and uninhibited on a congested road. DUI checks set up on US250, Rte 29, Old Hydraulic and Owensville Road. These children came out of Foxfield driving drunk. This does not affect traffic flow from Foxfield, but perhaps stops serious accidents. cc: Charlotte Humphris Aside from requiring traffic exiting the main gate to turn right towards Barracks Road, all traffic from the West Gate should be required to turn left to Old Hydraulic. A traffic policeman at the outside parking lots at the west end would also require traffic to head to Old Hydraulic. Traffic coming from Owensville-Whitehall diverted to Hydraulic. This gives almost uninterrupted traffic flow from Foxfield instead of stop-and-go. Best Regards, .~. J.~. Whitley & Associates. Inc, May 2, 1995 Mr. Patrick Butterfield Foxfield Racing Association Post Office Box 5187 Charlottesville, VA 22905 Dear Mr. Butterfield: I wish to register a strong complaint over the chaotic conduct of the Foxfield Race April 29, 1995 and offer some recommendations. Instead of the race being cleared by 6 o'clock~ cars were still leaving at 8 P.M.. This two hour delay occasioned by a horse breaking loose, allowed two more hours of excessive drinking. During this two hour period, I had to patrol my property, which is directly opposite your west field parking area. A condensed synopsis of my activities: Chasing urinating UVA students trying to use my property for a bathroom; dozens more urinatinq on my trees while I was chasing compatriots at the other end of my grounds;Three cars crossed my drainage ditch, endeavoring to park on the front of my property bordering Garth Road; A fourth car refused to move and the police had to be called to enforce the law; a fifth car parked in my driveway for 35 minutes, taking his keys while he went looking for friends; a sixth car asking me to remove my car from the head of the driveway so they could turn around; and three cars that swerved into my drainage ditch and back onto Garth Road because they were obviously drunk. In summary, Foxfield has a responsibility for the conduct of it's spectators and the assurance of my right to privacy. Foxfield is supposed to be a race event and not a drunken party for UVAo My recommendations: o Prohibit consumption of alcoholic beverages and sell soda on the grounds instead° Inebriated people should be refused admittance. o Start on time and finish on time by 5 P.M. so grounds are cleared by six. A horse breaking'loose is not an excuse to stop everything if there are adequate personnel. o Foxfield has never had sufficient portable toilets. Add alot more and put some in the west field parking area. There was not a single toilet in ~%at area so I was used. o Foot patrol security al~nq ~he fence line to patrol and keep students from 3~plng the fence to enter or leave.. Spectators who leave should not be allowed back in for any reason. All your police security sat in patrol cars. o Security disappeared when the race was over except for traffic control at gates - keep security until the gates are closed - this is when it is needed most. o Departing cars from the main gate must turn right towards Charlottesville. Cars leaving the west gate and outside parking must turn left to Old Hydraulic. This precludes stop-go traffic in front of Foxfield. cc: o/s ? v John Miller Charlotte Humphris . COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville. Virginia 22902-4596 (804) 296-5843 . FAX (804) 972-4060 July/6, 1995 Char~s S. Martin Walter F. Perkins The Honorable Thomas J. Bliley, Jr. United States House of Representatives Committee on Commerce 2125 Rayburn House Office Bldg. Washington, D.C. 20515-6115 RE: IIR 1085 - Solid Waste Flow Control Legislation Dear Congressman Bliley: The Albemarle County Board of Supervisors are most concerned with the legislation being considered byyour committee on controlling the flow ofsolid waste. We share the concerns of other localities and the Rivanna Solid Waste Authority (RSWA) which provides solid waste management for the City of Charlottesville and the County of Albemarle. We support the ability of localities to remain as flexible as they can with regard to solid waste initiatives. The legislation your committee is reviewing will, in our opinion, reduce a locality's fie>ability in managing, its solid waste efficiently as well as possibl reduci ' " innovative uses of this resource In o~;~:~- ,L_ . _ y ng its ab~hty to find more · ' .... ,,,~m m~ proposeu aow control legislation would limit a locality's ability to pay future debt on investments for landfill operations and equipment incurred in the past and future. We urge you to support broader flow control authority that protects a locality's solid waste management efforts and allows the locality to meet its debt obligations. Sincerely, Walter F. Perkins Chairman WFP/dbm 95.018 pc: Albemarle County Board of Supervisors {~ Printed on recycled paper