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Home My WebLink About2000-08-09 ACTIONS Board of Supervisors Meeting of August 9, 2000 August 10, 2000 AGENDA ITEM/ACTION 1. Call to order. 4. Other Matters not Listed on the Agenda from the BOARD. · There were none. SP-00-012. CFW Intelos--CV 307(Pantops) (Signs #27&28). APPROVED SP-00-012 subject to the ten conditions recommended by Planning Commission, with condition ~ as amended. 7. SP-00-020. Olivet Presbyterian Church (Signs ~4&65). · APPROVED SP-00-020 subJect to the ten conditions recommended by the Planning Commission. 8. ZMA-00-005. Albemarle SPCA {New Shelter) (Sians ~82&83) · APPROVED ZMA-~0-005 to rezone 5.88 acres.from R6 to C1. 9. SP-O0-022. Albemarle SPCA (New Shelter (Signs #68&69). · APPROVED SP-00-022 subject to the six conditions recommended by Planning Commission. 11. Other Matters not Listed on the Agenda fi'om the Board. · In response to a letter from a citizen regarding the microfiche machines in the Clerk of the Circuit Court's office, the Board requested staff to work with Shelby Marshall to see what can be done. · Mr. Dorder said he would not be at the August 16 Board meeting. · Ms. Thomas said she would not be at the August 16 Board meeting. · Ms. Thomas stated that she attended a High Growth Coalition meeting last week and took a tour of Loudon County. · Ms. Humphds mentioned an article in August 2000 Governing Magazine regarding rail systems. · Mr. Bowerman mentioned the Board's action at the August 2"~ meeting regarding release from the Sugar Hollow Reservoir. Part of this related to study of the environmental affects along the river. He asked if it was possible to have the Watershed Management Official and some people from the Rivanna River Roundtable participate, and if staff would come back with a proposal to work with the City and Rivanna to coordinate that review. · ADOPTED the attached Resolution of Intent for the Planning Commission to hold a public headng on a request to amend Section 10.2.2.27 of the Zoning Ordinance. · Mr. Martin mentioned the press the County has been received regarding recent traffic enforcement on Route 29. He has asked Lee Catlin to do some type of press release, and point out that the County was not able to get legislation allowing the use of photo red cameras. Ms. Thomas suggested the press release include the expense of this, how this takes officers away from their other duties and the safety involved. 14. Adjourn. Meeting was adjourned at 8:16 p.m. ASSIGNMENT Meeting was called to Order at 7:00 p.m., by the Chairman. All BOS members present. Clerk: Acknowledge comments in letter for Chairman's signature. Clerk: Forward to Planning in Attachment A. Clerk: Forward to Planning in Attachment A. None. Clerk: Forward to Planning in Attachment County Executive staff: Look into. County Executive staff: Report back to the Board possibly in September. Clerk: Forward to Planning in Attachment B. /ewc Attachment A - Planning actions Attachment B - Resolution of Intent Attachment A Agenda Item No. 6. SP-00-12. CFW Intelos--CV 307 (Pantops) (Si.qns 27&28). PUBLIC HEARING on a request to attach telecommunications equipment to an existing power pole in accord w/Sec 24.2.2.6 of the Zoning Ord. TM 78, P 15C1, znd HC, consists of 15.28 acs. Property adj to S Pantops Dr (Rt 1140), approx .10 mi from intersec of Pantops Dr & River Bend Dr (Rt 1116). Rivanna Dist. APPROVED SP-00-012 subject to the following ten conditions recommended by the Planning Commission: The tower shall be limited to a total of nine (9) 5-foot panel antennas mounted no higher than the top of the existing tower (120 feet). No extension above the existing tower height permitted. The size of the antenna panels shall not exceed fh/e (5) feet in length, ten (10) inches in width, and seven (7) inches in depth; All ground equipment shall be located underground, if feasible. Locating ground equipment underground shall not be required if the permitee demonstrates to the satisfaction of the Planning Director that it made good faith reasonable efforts, but that it wes infeasible to do so; The antennas and supporting cables shall be painted the same color as the existing tower. The ground equipment/structures shall be painted a dark earth tone color; Attachment to the power line tower shall be in accord with the plan titled ~CFW Intelos Pantops CV 307," dated 2/25/00 and attached to this report; Landscaping shall be provided in general accord with the Landscape Plan dated 6/19/00 (revised date), but subject to final approval by the Design Planner. Two-thirds (2/3) of the plantings shall be evergreens and taller than the cabinets at the time of installation. No fencing of the ground cabinet equipment; 6. Satellite and microwave dish antennas are prohibited; Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a horizontal plane running through the lowest part of the shield or shielding part of the luminaire. For purposes of this condition, a luminaire is a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply. Outdoor lighting shall be limited to periods of maintenance only; The permittee shall comply with Section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be required; The antenna and appurtenant equipment shall be disassembled and removed from the site within ninety (90) days of the date its use for wireless telecommunications purposes is discontinued; and 10. The permittee shall submit a report to the Zoning Administrator once per year, by no later than July 1 of that year. The report shall identify each user of the tower and shall identify each user that is a wireless telecommunications service provider. Agenda Item No. 7. SP-00-020. Olivet Presbyterian Church (Signs #64&65). PUBLIC HEARING on a request, in accord w/Sec 10.2.2.35 of the Zoning Ord, to expand an existing church for office & classroom uses; as well as add'l parking & an outdoor recreation area on approx 9.25 acs. Property just W of intersec of Woodlands Rd (SR 676) & Garth Rd (SR 614) in the Owensville area. TM 43, Ps 8,8A,8B&9B, znd IRA & EC. (A Site Development Plan (SDP 00-051) has also been submitted w/ this request.) Samuel Miller Dist. APPROVED SP-00-020 subject to the following ten conditions recommended by the Planning Commission: Church development shall be limited to the improvements as shown on the Site Plan dated April 17, 2000, and received by the Planning and Community Development Department on June 27, 2000; The length of time for which the church may begin construction shall be five (5) years, provided all Health Department requirements at the time of the issuance of building permits shall be A minimum 30-foot wide landscape screening buffer shall be installed between the driveway/parking area on the northwest portion of the site and Garth Road. Landscape materials shall include materials removed from the parking area site. A final landscape plan and landscape materials shall be subject to approval by the Planning Director or designee; Pdor to issuance of building permits, the Planning Director or designee shall determine consistency of the proposed building addition with the existing historic architecture. The new structure shall be designed and sited in harmony with the original structure, to minimize any negative impacts on the architectural integrity of the histodc structure; o A landscape screening buffer shall be installed along the east and south property lines adjacent to the existing and proposed parking areas. The landscape buffer shall consist of both trees and shrubs. The intent of the buffer shall be to completely screen the adjacent residential property from the asphalt parking areas; therefore, the buffer materials shall be selected and installed to accomplish this effect within a maximum of three (3) years from the approval of this special use permit for the existing parking area and a maximum of three (3) years from the date of the installation of the proposed parking area within the existing detention pond; No parking lot lighting shall be installed in the proposed parking areas. Only walkway lighting with no more than 3,000 (three thousand) lumens to the parking areas shall be permitted to be installed. The walkway lighting shall be turned on only for nighttime services or meetings; 7. No outdoor recreational/play activities shall be permitted after dark; The sign located at the western entrance shall be moved back out of sight line and off the public right-of-way, prior to issuance of the Certificate of Occupancy; Clearing of trees for the parking area and ddveway west of the church shall be kept at the minimum required for the improvements, as determined by Planning staff. Tree protection measures approved by Planning staff shall be employed in order to minimize damage to tree roots; and 10. Day care use shall be prohibited unless approved through a special use permit amendment. Agenda Item No. 8. ZMA-O0-005. Albemarle SPCA (New Shelter) (Si.qns ~2&83). PUBLIC HEARING on a request rezone the property from R-6 to C-1 to support construction of new facility. Located at existing SPCA Animal Shelter, on 9.1 ac znd R-6. TM 45, P 86. Located between Woodbum Rd & Berkmar Dr Extd at the existing facility. (Located in Neighborhood 1 of the Comp Plan.) Rio Dist. APPROVED ZMA-00-005 to rezone 5.88 acres from R-6 to C-1. Agenda Item No. 9. SP-00-022. Albemarle SPCA (New Shelter) (Signs #68&69). PUBLIC HEARING on a request to allowthe construction of new facility (10.2.2.13). Located at existing SPCA Animal Shelter, on 9.1 acs znd R-6. The applicant is also seeking to rezone the property to C-1 to support this SUP (ZMA-00-005). TM 45, P 86. Located between Woodburn Rd & Berkmar Dr Extd at the existing facility. Rio Dist. APPROVED SP-00-022 subject to the following Six conditions recommended by the Planning Commission: Planning Department approval of a tree conservation plan for the area located along the Berkmar Drive road frontage; The proposed use shall not accommodate the seasonal "Rummage Sale" or any other fundraising activities without amendment to this special use permit, or appropriate permitting by the Department of Building Codes and Zoning Services; The site shall be developed in accord with the attached site plan dated May 12, 2000; Revised June 12, 2000 (Attachment B); 4. Animals shall be confined in an enclosed building from 10:00 p.m. to 6:00 a.m.; 5. Full frontage improvements as required by VDOT shall be installed; and 6. Uses shall be limited to an animal shelter and a veterinary hospital with associated offices only. RESOLUT~N OFINTENT WHEREAS, the Zoning Ordinance establishes the regulations applicable to the Rural Areas zoning district in Albemarle County, and Section 10.2.2.27 allows restaurants and inns to be located within an historic landmark by special use permit if the structure was previously used as a restaurant, tavern or inn; and WHEREAS, it is desired to amend Section 10.2.2.27 to allow nonconforming restaurants, inns and hotels in the Rural Areas, not located within an historic landmark, to reconstruct, structurally alter, extend and enlarge their facilities by special use permit, subject to limitations by regulation and special use permit conditions pertaining to the extent of such reconstruction, structural alterations, extensions or enlargements. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good zoning practices, the Albemarle County Board of Supervisors hereby adopts a resolution of intent to amend Section 10.2.2.27 of the Zoning Ordinance as described herein; and BE IT FURTHER RESOLVED THAT the Planning Commission will hold a public hearing on this zoning text amendment and will present its recommendations to the Board of Supervisors within sixty days of the date of adoption of this resolution. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of the Resolution duly adopted by the Board of County Supervisors of Albemarle County by a vote of s~e-t?~. zero on August 9, 2000. ~"k, Board of Supervisors/ James S. Gilmore, III Governor COMMONWEALTH of VIRGINIA Office of the Governor July 13, 2000 Mr. Charles S. Martin 401 Mcintire Road Charlottesville, Virginia 22902 Dear-Mr. Martin: As you may be aware, during the 2000 General Assembly Session, House Bill 356 and Senate Bill 414 both addressed the future of "photo red" programs across the Commonwealth. The use of cameras to monitor the activities of our citizens in the open streets raises a serious concern regarding individual freedom. The concern mounts when laws are passed that allow the government the capacity to record our actions. The Governor believes that we should not require our citizens to become accustomed to being watched by government authorities by electronic means. On April 19, 2000 the Virginia House of Delegates and the Virginia Senate sustained the Governor's veto of Senate Bill 414. This measure would have expanded the use of Cameras to nine new localities of the Commonwealth. These cameras would photograph vehicles that run red lights, operating on the assumption that the individual who owns, leases, or rents the car is guilty of violating the law. Our system of justice is predicated on the presumption of innocence until guilt is proven in a court of law, and the Governor has grave reservations about a statute that presumes an individual's guilt. HB 356 offers greater assurance of the rights of an individual in cases involving a photographic monitoring system. On April 20, 2000, the Governor approved this legislation, creating a new requirement for prosecution of "photo red" cases. In order to prosecute someone accused of running a red light based on "photo red" evidence, the new statute requires that there must be an image of the vehicle before it enters the intersection illegally, and one image of the vehicle after it passes through the intersection illegally. HB 356 improves implementation of existing "photo red" initiatives, but does not expand the program. The Governor appreciates that you have expressed your ideas and opinions about this legislation, and commends your participation in the legislative process. If he can be of further assistance, please do not hesitate to contact him in the future. Sincerely, Carol E. Comstock Director of Constituent Services CEC/pey BOARD OF SUPERVISORS State Capitol · Richmond, Virginia 23219 · (804) 786-2211 ° TTY (804) 371-8015 ° www. state.va.tts/governor COUNTY OF ALBEMARLE Department of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804} 972 - 4012 August 9, 2000 Paula Figgatt 1150 Shenandoah Village Drive Waynesboro, VA 22980 RE: SP-00-012 CFW Intelos (CV-307 Pantops); Tax Map 78, Parcel 15C1 LETTER OF CORRECTION Dear Ms. Figgatt: The Albemarle County Planning Commission, at its meeting on July 11, 2000, unanimously recommended approval of the above-noted petition to the Board of Supervisors, Please note that this approval is subject to the following conditions: The tower shall be limited to a total of nine (9) 5-foot panel antennas mounted no higher than the top of the existing tower (120 feet). No extension above the existing tower height permitted. The size of the antenna panels shall not exceed five (5) feet in length, ten (10) inches in width, and seven (7) inches in depth. All ground equipment shall be located underground, if feasible. Locating ground equipment underground shall not be required if the permitee demonstrates to the satisfaction of the planning director that it made good faith reasonable efforts, but that it was infeasible to do so. The antennas, supporting cables and ground equipment/structures shall be painted a dark earth tone color. Attachment to the power line tower shall be in accord with the plan titled "CFW Intelos Pantops CV 307," dated 2/25/00 and attached to this report. Landscaping shall be provided in general accord with the Landscape Plan dated 6/19~00 (revised date), but subject to final approval by the Design Planner. Two-thirds of the plantings shall be evergreens and taller than the cabinets at the time of installation. No fencing of the ground cabinet equipment. 6. Satellite and microwave dish antennas are prohibited. Page 2 August 9, 2000 Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a horizontal plane running through the lowest part of the shield or shielding part of the luminaire. For purposes of this condition, a luminaire is a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply. Outdoor lighting shall be limited to periods of maintenance only. The permittee shall comply with sections 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be required. The antenna and appurtenant equipment shall be disassembled and removed from the site within ninety (90) days of the date it use for wireless telecommunications purposes is discontinued. 10. The permittee shall submit a report to the zoning administrator once per year, by no later than July 1 of that year. The report shall identify each user of the tower and shall identify each user that is a wireless telecommunications service provider. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on August 9, 2000. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, David B. Benish Chief of Planning & Community Development DBB/jcf Cc; Ella Carey Amelia McCulley Jack Kelsey Steve AIIshouse Bob Ball The Pavillion at Riverbend STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: DAVID BENISH JULY 11, 2000 AUGUST 9, 2000 sP 2000-12 CFW Intelos CV 307, Pantops Applicant's Proposal: CFW Intelos is proposing to in~tall 9 (nine) 5-foot PCS panel antennas at' a VEPCO Site, mounted at the top of an existing VEPCO transmission line. The proposed mounting will not inciease the height of the existing tower. The site is located on the soUth side of South Pantops Drive, just east of its intersection with Riverbend Drive. The existing power line is nonconforming, and thus approval of a special use permit is required in order for an additional use to be established on the tower. The applicant has provided detailed information about the siting and design of the proposed facility. (Attachment A is a location map; Attachment B is a topographic map; Attachment C is the applicant's site plan information). Petition: Request for a special use permit to allow installation of panel antennae on an existing high voltage transmission tower in accordance with the provisions of Section 24.2.2.6 of the Zoning Ordinance. The property, described as Tax Map 78 Parcel 15C1, consists of approximately 15 acres and is located on South Pantops Drive (State Route 1140), just east of its intersection with Riverbend Drive (Route 1116) in the Rivanna Magisterial District. The property is zoned HC, Highway Commercial, and is designated for Community Service use in the Comprehensive Plan. Character of the Area: This high voltage power line runs generally parallel to the Rivanna River in Neighborhood 3, crossing Route 250 at the Clean Machine Car Wash location. The line continues westward crossing Route 250 again at Hydraulic Road and continuing westward crossing Barracks Road near Colthrust. The power line is supported by monopoles west of Locust Avenue and lattice structures east of Locust Avenue, like the one on this site. The tower subject to this proposal is 120 feet tall. The closest dwellings to the existing tower are at the Carriage Hill Apartments, which are under construction approximately 1,000 feet east of this site on South Pantops Drive. A site plan has also been approved for Riverbend Garden Apartments located on an adjacent parcel, approximately 1,200 feet west of this tower. The surrounding area is designated for Community Service uses in the Land Use Plan and largely developed with highway-oriented commercial, office, and regional and community retail uses. RECOMMENDATION: Staff has reviewed this request for compliance with the provisions of Section 31.2.4.1 of the Zoning Ordinance and recommends approval with conditions. Plannine and Zonine History: · SP 85-52 for a bicycle-racing track, approved. This use is no longer in existence. · ZMA 96-13 to rezone property from C-1 to PD-MC to establish an outdoor amphitheater, Withdrawn. · SP 96-21 for an outdoor amphitheater, withdrawn · SP 96-47 and SP 85-52 for golf course and driving range with fill in the floodplain were withdrawn. Comprehensive Plan: Staffnotes that in order to construct the proposed facility no cleating for access or the provision of electrical service will be required. Therefore, the only impacts reviewed for compliance with the Comprehensive Plan and the Zoning Ordinance are the installation of the antennas and ground based equipment, and maintenance activity that would result from the additional use. This site is located in Neighborhood Three of the Comprehensive Plan, Land Use Plan. Currently the Comprehensive Plan contains limited review criteria for the siting of telecommunication towers. This tower is intended to provide service to improve the quality, capacity and coverage of wireless phone services in this area of the county. The proposal is to initially install six (6) panel antennas at the top of the exiting tower. Three additional panels will be needed in the future to address future capacity needs. Therefore, the applicant is requesting approval of nine panel antennas at this location. An example of this antenna array and tower mounting is provided as Attachment D. The proposed mounting will not require an increased height above the tower. The panels will also be mounted directly to the lattice tower; therefore, no monopole ("tower within a tower") is needed. Cabling for the antenna will be mounted to one leg of the existing lattice tower. The visual impact of the proposed antenna has been minimized with this design. Probably the most significant additional visual impact of this proposal will be from the supporting equipment cabinets located on ground within the tower's footprint. The leased area within the tower footprint is approximately 30 feet from South Pantops.Drive. The view from the street as well as from the adjacent offices to the west and north will be to the base of the tower where the equipment will be located. The applicant originally proposed chain-link fencing around the ground equipment. Staff opinion is that it is visually preferable to continue the current practice of "looking through" the base of the tower than to obstruct the "through view" with a solid fence. The applicant has agreed to eliminate the fence and to landscape the site to mitigate the visual impact of the ground equipment/cabinets (Landscape Plan, Attachment E). Staff discussed with the applicant installing the cabinets underground. However, representatives of VEPCO have indicated that they would not permit this type of excavation activity within the footprint of the tower (Attachment F). STAFF COMMENT: Use of existing structures has generally been viewed as a viable option for the location of cellular antenna and provided the additional visual impact of the proposal con be minimized. The visual impact is reviewed on a case by case basis. The proposed attachment to power line towers makes use of existing utility corridors. While existing power line corridors have negative visual impacts in most instances and these utility corridors have towers which are as tall as the tallest conventional free standing personal wireless service towers, the use of these towers for antennas allows for a large service area without significant additional negative visual impact. The ' attachment of antenna to these power line towers, if done properly, may not result in significant additional negative visual impact as the equipment installed by the personal wireless service provider appears similar/compatible with the nature of the existing power line and power line tower. Because the height of existing transmission towers allows provision of service to a large area, the total number of sites required by a personal wireless service provider may be reduced, therefore, potentially reducing the overall impact on the County. Staff will address the issues of this request in three sections: 1. Section 31.2.4.1 of the Zoning Ordinance. 2. Section 704(a)(7)(b)(I)(II) of the Telecommunications Act of 1996. Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance. The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property, As previously noted, staff opinion is that the addition of panel type antenna will have limited additional visual impact as proposed. The lower portion of the existing lattice tower is somewhat less.inconspicuous, in that it has a non-reflective, rusted surface and is of open construction, both factors allowing it to blend somewhat with the background. It also has as a backdrop Carter's Mountain when seen from the north, the direction frOm which the tower can be observed from the greatest distance and most easily, The upper reaches of the tower admittedly are silhouetted against the sky from this vantage point; however, the antenna panels and mounting are such that have a relatively limited visual impact when compared with the existing tower. The antenna will be constructed at the top of the 120-foot tower. No increase in tower height is required. At human scale, the tower is large enough to discourage upward viewing from near its base, and from a distance the mounting of the antennas within the existing lattice structure framework is not expected to have significant additional visual impact. Staff is recommending a condition requiring the antenna panels, mounting and cable is painted brown consistent with the color of the tower. The most significant visual impact will be from the installation of the ground equipment/cabinets. As noted previously, the applicant will be required to landscape the ground equipment area. The landscape planner on staffhas reviewed the proposed landscape plan. Staff opinion is that it is an acceptable plan for screening the site, with some minor modifications to some species and location of some of the planting primarily to reflected the existing landscaping now provided along South Pantops Drive and adjacem developed prop.erties. that the character of the district will not be changed thereby, Based on the limited change in the visibility of this tower and the utility corridor as discussed above, staff opinion is that this request complies with this provision of Section 31.2.4.1 of the Ordinance. Two other similar special use permit applications have been reviewed and approved in this area (SP 98-52, State Farm/VEPCO and SP 98-61, Triton PCS-Clean Machine Car Wash). Both of those proposals required additional height above the existing tower location. Both also required a "tower within a tower" construction utilizing a monopole located within the existing lattice tower. Staff opinion is that the site will accommodate the proposed telecommunication facilities with less impact to the character of the district than the two previously approved towers. and that such use will be in harmony with the purpose and intent of this ordinance, Staffhas reviewed the purpose and intent of the Zoning Ordinance as stated in Sections 1.4, 1.5 and 1.6 with particular reference to Sections 1.4, 1.4.4, and 1.5. All of these provisions address, in one form or another, the provision of public services. The use of mobile telephones clearly provides a public service as evidenced by the expanded and rapid increase in use. Based on the provision of a public service, staff opinion is that this request is in harmony with the purpose and intent of these sections of the ordinance. Section 1.4.3 states as an intent of the Ordinance, "To facilitate the creation of a convenient, attractive and harmonious community". The provision of this facility does increase the availability and convenience for users of wireless phone technology. Staff in prior reviews for telecommunication facilities has noted that the vi sibility of the site may be inconsistent wi'th the intent of providing an attractive community. As approval of this permit will result in limited change in the visibility from surrounding areas staff opinion is that this request does comply with this provision of Section 31.2.4.1 of the Ordinance. with the uses permitted by right in the district, - The proposal will not restrict the current uses, other by right uses available on this site, or by right uses on any other property. with additional regulations provided in Section 5.0 of this ordinance, Section 5.1.12 of the ordinance contains regulations governing tower facilities and no conditions are necessary to ensure compliance with this provision of the ordinance; as this is an existing facility. and with the public health, safety and general welfare. The provision of increased communication facilities may be considered consistent with the public health, safety and general welfare by providing increased communication services in the event of emergencies and increasing overall general communication services. The 1996 Telecommunications Act addresses issues of environmental effects with the following language: "No state or local government or instrumentality thereof may regulate the placement, construction, and modification of personal-wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions." In order to operate this facility the applicant is required to meet the FCC guidelines for radio frequency emissions. This requirement will adequately protect the public health and safety. Section 704(a)(7)(b)(I)(II) of the Telecommunications Act of 1996. The regulation of the placement, construction and modification of personal wireless facilities by any state or local government or instrumentality thereof shall not prohibit or have the effect of prohibiting the provision of personal wireless services. Neither the Comprehensive Plan nor the Zoning Ordinance prohibits the provision of personal wireless service. Staff does not believe that the special us'e permit process or the denial of this application has the effect of prohibiting the provision of personal wireless services'. The applicant has not demonstrated that there are no other locations within the proposed area of service currently available for new facility construction. For this reason, staff does not believe that denial of this application would have the effect of prohibiting the provision of services. SUMMARY: Staffhas identified the following factors that are favorable to this request: 2. 3. 4. 5. The tower will provide increased wireless capacity that may be considered consistent with the provisions of Sections 1.4, 1.4.4 and 1.5. Additional use of the power line tower will not restrict permitted uses on adjacent properties. This request generally complies with the provisions of Section 31.2.4.1 of the Zoning Ordinance. The addition of antenna will result in a relatively limited change in the power line tower's visibility or the appearance of the utility corridor. Approval of this request allows for collocation on an existing structure and alleviates the need for the construction of new facilities elsewhere. Staff has identified factors that are potentially unfavorable to this request: 1. Ground mounted cabinets will potentially add to the visual clutter along South Pantops Drive created by the existing tower. However, sufficient landscaping should mitigate this additional impact. 2. Some visual impact will occur with the addition of the antenna at the top of the tower. The following factors are relevant to this consideration: 1. There is an existing reasonable use of the property. SUMMARY, RECOMMENDED ACTION: Staff opinion is that the site will accommodate the proposed telecommunication facilities with limited impact and less visual impact than created by the two previously approved towers in this area. Therefore, staff is able to recommend approval of this request. Should the Board choose to approve this request, staff has suggested conditions of approval. (In the event that the Board chooses to deny this application staff offers the following comment: To comply with the provisions of the Telecommunication Act, staffrequests a consensus of direction from the Board regarding the basis for denial of the application and instruction to staff to return to the Board with a written decision for the Board's consideration and action.) Recommended Conditions of Approval: The tower shall be limited to a total of nine (9) 5-foot panel antennas mounted no higher than the top of the existing tower (120 feet). No extension above the existing tower height permitted; The antennas, supporting cables, and ground equipment/structures shall be the same color as the existing power line tower; Attachment to the power line tower shall be in accord with the plan titled "CFW Intelos Pantops CV 307," dat. ed 2/25/00 and attached to this report; Landscaping shall be provided in general accord with the Landscape Plan dated 6/19/00 (revised date), but subject to final approval by the Design Planner. No fencing of the ground -cabinet equipment; 5. Antennas may be attached to the tower only as follows: o o o Antennas shall be limited to those shown in a plan titled "CFW Intelos, Pantops CV307 ," Satellite and microwave dish antennas are prohibited. Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a horizontal plane running though the lowest part of the shield or shielding part of the luminaire. For purposes of this condition, a luminaire is a complete lighting unit consisting of a lamp or lamps together with'the parts designed to distribute the light, to position and protect the lamps, and to coimect the lamps to the power supply. Outdoor lighting shall, be limited to periods of maintenance only; The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be required; The antenna and appurtenant equipment shall be disassembled and removed from the site within ninety (90) days of the date its use for wireless telecommunications purposes is discontinued; The permittee shall submit a report to the zoning administrator once per year, by not later than July 1 of that year. The report shall identify each user of the tower and shall identify each user that is a wireless telecommunications service provider; ATTACHMENTS: B- C- D- E- F- Location Map/Tax Map Topographic Map Site Construction and Development Plan Photo Example of Proposed Antenna An-ay and Mounting Landscape Plan VEPCO response to undergrounding cabinets ALBEMARLE COUNTY 62 ATTACHMENT A 7T 22A 2 OM MONTICELLO 92 SGOTTSVILLE AND RIVANNA 'DISTRICTS SECTION 78 8 ATTACHMENT B II II ~ ~,~X~ -- ~~ x ~ X x ~ xq 'm F > , 0 Z ,8 ,, I < o > ~ m Z z - Z _ x ~ x--x x x _ c~ g. 0 ' o o ~" · - 0 ' ~ Z ~ DON ~ ~Z~ 15 INGRESS/EGRESS . °"¢e. ~? r-LEASE PARCEL .so~s~[ ! ~ ~//~ ~UU b~.~/. P-M RI~RBEND L.P. I ~ I ! l~/ ~ Tax Mop 78 Parcel 17 O 1 / I ',iy ~ -- DB 1054 PG 4~5 · k l ~ ............ · ' ' i / sou~z~uE ZONED HC ' . ~ , 20.00 ~ ~r 1.00 0 POLE *0~ ~ .... ~ it L, ne ~. ~ ~PCO EASEMENT ~ I ~d t ~ 1 g~ Charles Wm. Hurt ~ Shirley. L. Fisher [ ~ Trustees.for the ~inia Land ' ~ Tax Map 78 Parcel 15 C 3. ' D B 1069 PG 488 THE PAVILION AT RIVER [ [ Tax Map 75 Parcel 15 C 1 ~ ~ a.a. 14~o PS. zo~ ~ zo.~o .c ~ ~ LOT NO~S: 1) O~E. EASEMENm, ~F ANY, NOT~HO~. ~ ' / 3) - DENO~S IRON PIN SET g~ . 4) mis LEASE PARCEL. IS NOT IN a F. aE,.A. ~OOD ~ ~*? SURVEY OF A LEASE PARCEL INGRESS/EGRESS :EASEMENT FOR. CFW WIRELESS ON THE LANDS OF THE PAVILION AT RIVER BEND L.L.C. ALBEMARLE COUNt, VIrgINIA SCALE: 1" = 50' DA~; ~B~UA~Y 11, 2000 118 N. v.~ ~ ..- .,. su wY PANTOPS CV 307 STRUCTURAL DETAIL ATTACHMENT D ~? I LEE P. QUILLEN e--.--, Landscape Designer ~yn boro es LANDSCAPE& GAIIDF_,N CENTI~ 703.942.4646 FAX 703-949.7743 2032 West .Main Street - Waynesboro, Va. 22980 Figgatt, Paula From: Sent: To: Subject: Chris_Behrens @dom.com Tuesday, May 02, 2000 8:45 AM Paula Figgatt Pantops Site # CV306 ATTACHMENT F Paula, In response to the question of putting CFW's equipment underground, it will not be possible to put it beneath the tower. Our structural engineers will not permit excavating beneath the tower to the extent of burying the equipment. I would imagine you would need to build a vault 7 or 8 feet (minimum) in the ground in order to do that. Even if you want to do that on the r/w outside the tower it will need to be far enough away from the tower that the excavation will not endanger the existing tower leg foundations. ; Should you have any additional questions, please let me know. Chds Behrens 804-257-4042 19 COUNTY OF ALBEMARLE Department of'Planning & Community Development 401 Mclntire Road. Room 218 Charlottesville, Virginia 22902-4596 (804} 296 - 5823 Fax (804) 972 - 4012 July 13, 2000 Marcia Joseph 481 Clarks Tract Keswick. VA 2947 RE: SP-00-021 Olivet Presbyterian Church Tax Ma p 43, Parcels 8, 8A, 8B & 9B Dear Ms. Joseph: The Albemarle County Planning Commission, at its meeting on July 11, 2000, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: Church development shall be limited to the improvements as shown on the Site Plan dated April 17, 2000, and received by the Planning and Community Development Department on June 27, 2000. The length of time for which the church may begin construction shall be five years, provided all Health Dei3artment requirements at the time of the issuance of building permits shall be satisfied. A minimum 30-foot wide landscape screening buffer shall be installed between the driveway/parking area on the northwest portion of the site and Garth Road. Landscape materials shall include materials removed from the parking area site. A final landscape plan and landscape materials shall be subject to approval by the Planning Director or designee. Prior to issuance of building permits, the Planning Director or designee shall determine consistency of the proposed building addition with the existing historic architecture. The new structure shall be designed and sited in harmony with the original structure, to minimize any negative impacts on the architectural integrity of the historic structure. A landscape screening buffer shall be installed along the east and south property lines adjacent to the existing and proposed parking areas. The landscape buffer shall consist of both trees and shrubs. The intent of the buffer shall be to completely screen the adjacent residential property from the asphalt parking areas; therefore, the buffer materials.shall be selected and installed to accomplish this effect within a maximum of three years from the approval of this special use permit for the existing parking area and a maximum of three years from the date of the installation of the proposed parking area within the existing detention pond. BOARD OF SUPERVISORS Page 2 July 13, 2000 o 10. No parking lot lighting shall be installed in the proposed parking areas. Only walkway lighting with no more than 3,000 lumens to the parking areas shall be permitted to be installed. The walkway lighting shall be turned on only for nighttime services or meetings. No outdoor recreational/play activities shall be permitted after dark. The sign located at the western entrance shall be moved back out of sight line and off the public right-of-way, prior to issuance of the Certificate of Occupancy. Clearing of trees for the parking area and driveway west of the church shall be kept at the minimum required for the improvements as determined by Planning staff. Tree protection measures approved by Planning staff shall be employed in order to minimize damage to tree roots. Day care use shall be prohibited unless approved through a special use permit amendment. The Commission also approved the request for a waiver of parking lot paving requirements set forth in Section 4.12.6.3 of the County of Albemarle Zoning Ordinance. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on August 9, 2000. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Senior Planner JMD/jcf Cc: Ella Carey Amelia McCulley -Jack Kelsey Steve AIIshouse Bob Ball Olivet Presbyterian Church STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: JOAN D. MeDOWELL JULY 11, 2000 AUGUST 9, 2000 SP 00-020 Olivet Presbyterian Church Applicant's Proposal: In accordance with Section 10.2.2 (35) of the Zoning Ordinance, the applicant has requested a special use permit for the following: · 2,400 building expansion of an existing church, in order to provide additional office and classroom space; · one additional paved parking area for 20 vehicles · one additional gravel parking area for 34 vehicles; · an outdoor recreational area; · unlighted basketball play area within the proposed northwest parking lot area. The applicant has identified an existing problem with providing adequate parking for its congregation. With two Sunday services, the eleven o'clock services have the greatest attendance at 139 people. Three people are employed to work in the nursery during the eleven o'clock service. The church sanctuary and balcony has a rated capacity of 207 persons. A three-month survey conducted by a church committee revealed that, while the church averages two people per vehicle, the existing 52 parking spaces were inadequate. In addition, a loss of parking spaces would result from the building expansion. With approval of the expansion application, a total of 99 parking spaces would be available, 8 spaces short of the 107 spaces needed. However, at peak capacity times during holiday services, more than two people per vehicle are anticipated. With the exception of walkway lighting, no lighting has been proposed for the parking or play areas. No play activities will be taking place at night. The proposed expansion plans would take place in two phases, with phase two projected to be completed within five years. Under Section 4.12.6.3 of the Zoning Ordinance, the applicant has also requested a waiver from parking lot paving for the proposed parking area adjacent to the minister's home to the west of the church. The proposed gravel parking area would be located on the northwest portion of the site, in a wooded site. The clearing for the parking lot and driveway would be minimal, with landscape screening materials incorporating trees removed in the parking area for a naturalized affect, installed between Garth Road (SR.RT. 614) and the parking area. In conj unction with the special use permit application, a Major Amendment to the Site Development Plan (SDP 00-051) application was also submitted for consideration and is being processed concurrently with the Special Use Permit. The church provides two Sunday services for a congregation of 250 active members. The success of this church and its use as a meeting place for community groups has prompted this request for expansion. A copy of the church calendar (Attachment C) demonstrates the types of uses and activities provided by this facility. The parking area east of the church would be located on an existing drainage area pond. The pond would be filled and alternative' drainage arrangements would be required. Petition: The petition is for approval of a special use permit, in accord with the provisions of Section 10.2.2.35 of the Zoning Ordinance, to expand an existing church for office and classroom uses; as well as additional parking, a waiver request for unpaved parking per Section 4.12.6.3 of the Zoning Ordinance, and an outdoor recreation area on approximately 9.25 acres of land situated just west of the intersection of SR 676 (Woodlands Road) and SR 614 (Garth Road) in the Owensville area. The property, described as Tax Map 43, Parcels 8, 8A, 8B, & 9B, is located in the Samuel Miller Magisterial District. The property is zoned RA (Rural Areas) and is designated for Rural Area uses in Rural Area 3 of the Comprehensive Plan. A Site Development Plan (SDP 00-051) has also been submitted with this request. Character of the Area: The area surrounding the church is rural agricultural and residential. The Harmony subdivision is adjacent to this site. A portion of the Moorman's River Agricultural Forestal District is located directly across the street (Route 614) from the church. RECOMMENDATION: Staff has reviewed the proposal for conformity with the Comprehensive Plan and the Zoning Ordinance and recommends approval of the special use permit with conditions and approval of the waiver request for parking lot paving. PianninR and Zoning History: In order to provide some indication of development activities for rural area churches, a history of special use permit applications from 1990 through 1999 is attached for reference (Attachment D). As the Church predates the Zoning Ordinance, it is not operating with an approved . special use permit. However, the proposed expansion of parking and building necessitates that the use is brought into compliance with the current Zoning Ordinance. Comprehensive Plan: The Comprehensive Plan land use designation for this site is Rural. Churches in rural area are viewed as supportive of the moral fiber of the community. Efforts related to the minimal clearing and offers of additional landscaping assist with mitigation of the impacts of the built environment on the rural character of the area. The property is located directly across the street from a portion of District 7, Moorman's River Agricultural/Forestal District. Chapter Two of the Comprehensive Plan states that the County's agricultural lands and forests are among its most visible and treasured resources. The proposed expansion of the church building and parking area, while visible from the District, would not encroach into protected lands. In addition, as a transition from the proposed improvements and the Moorman's River District, a landscape area utilizing some landscape materials removed from the parking area would be installed between the District and the proposed parking area. STAFF COMMENT: Provisions of Section 31.2.4.1 of the Zoning Ordinance are addressed below: 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_. In an effort to screen the parking areas from the adjacent neighbors to the east (TPM 43- 1 lA and 43-9) applicant has agreed to incorporate additional landscape screening materials between the existing and the proposed parking areas on the east side of the site and the adjacent parcel. These materials would include additional trees and shrubs determined suitable for fast growing screening coverage. A condition of approval has been offered to include this provision into the approval. The landscape materials would be subject to the approval by the Planning Director or designee. No nighttime outdoor play activities have been proposed. The play areas have been located in areas away from residences and would be unlighted. that the character of the district will not be changed thereby, Open space, agricultural uses and very low density residential uses characterize the rural area district. The church 'addition is not expected to change the character of the district. The church has been in existence for 120 years, according to the applicant. A portion of the existing church is a historic structure that has been surveyed by the Virginia Department of Historic Resources. An addition was later added to the original church. It is important that this addition be compatible with the architecture of the existing facility; therefore, a condition has been offered that would require elevations be submitted to the Planning and Community Development Department for review and approval prior to issuance of building permits for the building addition. and that such use will be in harmony with the purpose and intent of this ordinance, The Rural Area zoning district was created to establish a zone that provides for the preservation and protection of agricultural and forestal resources; provide for water supply protection; be an area of limited service delivery; and to conserve natural, scenic, and historic resources. The church is viewed as a use supportive ofruralAlbemarle County residents. A portion of the building is a historic structure and a condition of approval will ensure that the building addition would be compatible with the historic section. with the uses permitted by right in the district, The proposed church expansion would not restrict the current uses or other .by-right uses available on this site or by-right uses on any other property. with additional regulations provided in Section 5.0 of this ordinance, Section 5.0 of the Zoning Ordinance does not contain provisions governing chui:ches. and with the public health, safety and general welfare. An analysis by VDOT staffofthe proposed expansion has determined that right mm tapers should be added to each entrance. In addition, a sign located at the western entrance should be moved back out of sight line and off the public right-of-way. VDOT has requested that additional right-of-way be dedicated along a portion of Route 614 frontage with a prescriptive easement (Attachment E). The department further advised that any additional expansions may create a need for left turn lanes at entrances and access to Harmony Drive (Route 1080). Appropriate conditions are proposed to ensure safe access to and from the site. With the outdoor recreational uses limited to daylight hours only, with no lighting of the parking areas, and with the additional landscape screening, as described in the previous sections, the proposed expansion has been mitigated to address impacts on the adjacent neighborhoods. The impacts to the adjacent Moorman's River District would be limited, as there would not be any encroachment into the District. A provision for a transition landscape buffer between the proposed parking area and the District would limit visibility into the parking area. A condition has been offered tO ensure that the building expansion would be designed to be compatible with the historic-portion of the 120 year old structure. As the original building has surveyed by the Virginia Department of Historic Resources, maintaining architectural integrity consistent with the original structure is an important objective. SUMMARY: Staffhas identified the following factors, which are favorable to this request: The Land Use Plan suggests that churches are supportive to the rural areas in the County. No detrimental impact is anticipated as a result of the parking and building expansion. The church has been functioning for 120 years. The proposed additions would be compatible with the historic section of the building. The landscape screening buffer between the parking lots and the adjacent residential would mitigate impacts of the parking area and the adjacent residential properties. The naturalized landscape screening buffer between the northwest parking area and driveway would assist with mitigation of the impacts on the rural character of the area and the adjacent Moorrnan's River Agricultural/Forestal District. PARKING LOT PAVING WAIVER - SECTION 4.12.6.3 OF THE ZONING ORDINANCE: Section 4.12.6.3 requires that minimum improvements for parking areas be paved. However the Planning Commission may chose to reduce the required improvement under the following condition, as it applies to the application under consideration: for overflow parking, provided in excess of the requirements of Section 4.12.6.6 for churches and other assembly uses where usage of such parking area is anticipated to be so infrequent as to not require greater improvement. The ~pplicant has requested that the proposed parking area in the wooded northwest portion of the site be allowed to have an alternative paving material. The material requested is gravel. As the gravel would be less impervious than a solid surface, as the parking would be used as overflow parking only, and as the gravel would be more in keeping with the rural character of the area, staff supports this request. RECOMMENDED ACTION: Staff recommends APPROVAL of SP 00-020, subject to the following conditions: o Church development shall be limited to the improvements as shown on the Site Plan dated April 17, 2000, and received by the Planning and Community Development Department on June 27, 2000. The length of time for which the church may begin construction shall be five years, provided all Health Department requirements at the time of the issuance of building permits shall be satisfied. A minimum 30-foot wide landscape screening buffer shall be installed between the driveway/parking area on the northwest portion of the site and Garth Road. Landscape materials shall include materials removed from the parking area site. A final landscape plan and landscape materials shall be subject to approval by the Planning Director or designee. Prior to issuance of building permits, the Planning Director or designee shall determine consistency of the proposed building addition with the existing historic architecture. The new structure shall be designed and sited in harmony with the 8. 9. 10. 11. original structure, to minimize any negative impacts on the architectural integrity of the historic structure. A landscape screening buffer shall be installed along the east and south property lines adjacent to the existing and proposed parking areas. The landscape buffer shall consist of both trees and shrubs. The intent of the buffer shall be to completely screen the adjacent residential property from the asphalt parking areas; therefore, the buffer materials shall be selected and installed to accomplish this effect within a maximum' of three years from the approval of this special use permit for the existiiag parking area and a maximum of three years from the date of the installation of the proposed parking area within the existing detention pond. No parking lot lighting shall be installed in the proposed parking areas. Only walkway lighting with no more than 3,000 lumens to the parking areas shall be permitted to be installed. The walkway lighting shall be turned on only for nighttime services or meetings. No outdoor recreational/play activities shall be permitted after dark. Subject to the approval of the Virginia Department of Transportation the applicant shall install right turn tapers to each entrance. The sign located at the western entrance shall be moved back out of sight line and offthe public right-of-way, prior to issuance of the Certificate of Occupancy. Clearing of trees for the parking area and driveway west of the church shall be kept at the minimum required for the improvements. Tree protection measures shall be employed in order to minimize damage to tree roots. Day care use shall be prohibited unless approved through a special use permit amendment. Staff recommends APPROVAL of the request for a WAIVER of parking lot paving requirements set forth in Section 4.12.6.3 of the County of Albemarle Zoning Ordinance. ATTACHMENTS: A B C D E Existing Site Plan Proposed Site Plan and Landscape Plan Church Calendar Rural Area Church History VDOT Comments N36ug'~7'E ~0.00' ~ --~00 ~ ~00 t -- $36 U9'49'1~ '~80.04' // N3§ '4~' 36"E I April 2000 Monthly Planner · . · " Time Begins - Set · · : Clock~ Forward : : i: · . . . Tonight 2 '[ 3 4 5 6 7 8 8:30 AM Worship- 2:30 PM Girl 6:30 PM - 8:00 2:30 PM - 5:15 9:00 AM Staff 7:00 AM Men's 8:30-3:00 PM Breakfast Communion Scouts PM Girt Scouts- PM Kids' Meeting Spring Workday 10:00 AM Sun. School 2100 PM Circle I 11:00 AM Worship- 3046 Connection 6:00 PM Mission/ and II Meet in Communion 12:00 PM Cong. 7:00 PM Worship 7:00 PM Choir Evangelism Fellowship Hall Meeting Committee Committ~ 7:00 PM Girl Scouts- 6:00 PM - 7:30 PM 6:30 PM Boy Snouts 3008 Lenten Small Group Troop 7 Bible Study 9 10 11 12 13 14 1.5 s:ao AM Worship 2:30 PM Girl 6:00 PM Girl 1:00 PM C0ngrc- 5:00 PM Church Spring Workday 10:00 AM Sun. School Scouts Scouts-874 gational Care Support Rain Date ll:0a AM Worship 6:30 PM 2 7:30 6:30 PM Property. Committee 6:30 PM Boy 6:00 PM - 7:30 PM PM Cub Smuts, Committee 2:ao PM - $:lfi PM Scouts Troop 7 Lenten Small Group Kids' Connection 7:00 PM Christian Bible Study Dell 6 7:00 PM Choir Education 16 17 18 19 20 21 22 8:30 AM Worship I 2:30 PM Girl 6:30 PM Session 7:00 PM Choir 6:00 PM Family 7:00 PM Girl Scout~- 11:00 AM Easter 3008 10:00 AM Sun. School Scouts 6:30 PM - 8:00. Night Supper Egg Hunt 11:00 AM Worship 6:00 PM - 7:30 PM PM Girl Scouts- 7:00 PM Maundy 2:00 PM James Lenten Small Group 3046 Thursday Corn- Earhart Memorial Bible Study' 7:30 PM New Member munich Service Service Reception Palm Sunday 23 24 25 26 27 28 29 6:00 AM Easter 2:30 PM Girl 6:00 PM Girl 7:00 PM Choir 6:30 PM Boy Sunrise Service Scouts Scouts-874 Scouts Troop 7 8:30 AM Worship 6:30 PM - 7:30 10:00 AM Sun. School PM Cub Scouts, 11:00 AM %'orship Den 6 Easter Sunday One Great Hour of Sharing ' ] March May 8:30AM Worship ' S M T W T F S ~ S M T W T F S I · 1 2 3 4 I 2 3 4 5 6 10:00 AM Sun. School 5 6 7 8 9 10 Il 7 8 9 10 11 12 13 ll.:00 AM Worship 12 13 14 15 16 17 18 14 15 16 17 18 19 20 . .. 12:00 PM Fell~wship 19 20 21 22 23 24 25 21 22 23 24 25 26 27 ; Hynm Sing Sunday 26 27 28 29 30 31 28 29 30 31 Youth Sunday Printed by Calendar Creator Plus on 4/17/2000 10 11 12 MAY.-25'OO(THUI 16:13 VDOT GVILL. TEB:804 979 3759 ?.0O5 CHARLES NO3~INGHAM COMMISSIONER COMMONWEALTH DEPARTMENT OF TRANSPORTATION 701 VDOT WAY CHARLOTTESVILLE. 22911 May 24,2000 A. G. TUCKER RESIDENT ENGINEER .Iune Public Hearing Submittals Mr, David Benish Dept. of Planning & Community Development 401 Mclntire Road Charlonesvi[le, VA 22902 Dear Mr. Benish: Please find our comments for the June public hearings listed below: SP-00-019 Coastal Mart~ Route 250W Left tm-a and right turn lane improvements are needed along Route 250. Please refer to April 27, 2000 letter (attached) from J.H. Kesterson to Mr. Glenn E. Brooks, County Engineering Department, for further comments regarding this site plan (SD?-00-050). 5P-00-020 Olivet Pr.~byterian Chureh~ Route 614 Right rum tapers should be added to each entrance. Furore expansion may create need for left mm lanes at entrances and access .to Harmony Drive (Route 1080). Church sign at western enWance should be moved back out of sight line and offpublic ROW. ROW should be dedicated along portion of Route 614 frontage with prescriptive easement. Please r~fer to April 27, 2000 let'mr (attimhed) from $.H, Kesterson to Mr, Glenn £. Brooks, County Engineering Department, for further comments regarding this site plan (SDP-00-05 I). SP-00-021 Fontaine Research Parlg Route 29 Bus See comments below for ZMA-00-004. SP-00-022 Albemarle.SPCA (New She. lter)~ Route, 1403 See comments below for ZMA-00-005. 13 TRANSPORTATION FOR THE 21 ST CENTURY ATTACHMENT E COUNTY OF ALBEMARLE Department of Planning & Community Development 401 McIntire Road, Room 2 ! 8 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4012 July 13, 2000 Daniel J. Meador, Jr 43 Park Street Charlottesville, VA 22901 RE: ZMA-00-005 Albemarle SPCA (New Shelter) SP-00-22 Albemarle SPCA (New Shelter) Tax Map 45, Parcel 86 Dear Mr. Meador: The Albemarle County Planning Commission, at its meeting on July 11, 2000, unanimously recommended approval of the above-noted petitions to the Board of Supervisors. Please note that this approval is subject to the following: ZMA-00-005 Albemarle SPCA (New Shelter) - Recommended approval of the request to rezone-the petitioned 5.88 acres to C-1, Commercial, from R-6. Residential [ZMA 2000-05]. No proffering is associated with this recommendation. SP-00-22 Albemarle SPCA (New Shelter) - Recommended approval, subject to the following conditions: Planning Department approval of a tree conservation plan for the area located along the Berkmar Drive road frontage; The proposed use shall not accommodate the seasonal "Rummage Sale" or any other fundraising activities without amendment to this special use permit, or appropriate permitting by the Department of Building Codes and Zoning Services; The site shall be developed in accord with the attached site plan dated May 12, 2000; Revised June 12, 2000 (Attachment B); 4. Animals shall be confined ~n an enclosed building from 10:00 p.m. to 6:00 a.m.; 5. Full frontage improvements as required by VDOT shall be installed; and, BOARD OF SUPERVISORS Page 2 July 13, 2000 Uses shall be limited to an animal shelter and a veterinary hospital with associated offices only. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their: meeting on August 9, 2000. Any new or additional information ' regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, David B. Benish Chief of Planning & Community Development DBB/jcf Cc: Ella Carey Amelia McCulley Jack Kelsey Steve AIIshouse Bob Ball SPCA STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: Eric L. Morfisette, AICP July 11, 2000 August 9, 2000 ZMA 2000-005 Albemarle SPCA (New Shelter) and SP 00-022 Albemarle SPCA (New Shelter) Applicant's Proposal: The applicant is proposing to rezone approximately 5.88 acres fi:om R-4, Residential, to C-l, Commercial, to accommodate the construction of a new animal shelter. The applicant is subsequently seeking a special use permit to allow for the veterinary hospital and animal shelter in the C- 1 district. The new animal shelter will replace the existing shelter, which will be demolished with the construction of the Route 29 Western Bypass. Petition: ZMA 2000-05 Albemarle SPCA (New Shelter) Petition for Board of Supervisors approval to rezone 5.88 acres fi:om R-6, Residential, to C-l, Commercial, to support the construction of a new facility (Attachment C). The site is located at the existing SPCA [Society for the Prevention of Cruelty to Animals] Animal Shelter, on 9.1 acres zoned R-6, Residential. Property, described as Tax Map 45, Parcel 86, is located between Woodlands Road and Berkmar Drive Extended, at the existing facility (Attachment A). This site is located in the Rio Magisterial District and Neighborhood 1 of the Comprehensiye Plan and is recommended for Transitional Use. Attachment B is a reduced copy of the preliminary site plan. SP 00-022 Albemarle SPCA (New Shelter) Petition for Board of Supervisors to grant a special use permit to allow for a veterinary hospital, with associated offices [Section 22.2.2.5 of the Zoning Ordinance], and an animal shelter [Section 22.2.2.13 of the Zoning Ordinance] (Attachment D). The site is the same as described above. Character of the Area: The area surrounding the property to the south and north is R-6, Residential, which is currently comprised of low density residential, with interspersed houses. The property to the west, across Woodlands Road, is zoned IL/k, Rural Areas. The adjacent property to the south along Berkmar Drive is zoned C-l, Commercial, and is the site of a small print shop. Property also zoned C-1 is located across Berkmar Drive to the east and is the site of Planet Fun and the UVA Credit Union. The subject property is currently developed with an existing animal shelter, outdoor kennels, veterinary hospital and offices, pet cemetery, and associated barns and storage buildings. The site is currently accessed off of Woodburn Road. Berkmar Drive abuts the subject property to the east. The Berkmar Drive frontage portion of the property, which is subject to the above- mentioned petitions, is primarily wooded. RECOMMENDATION: Staff has reviewed this request for compliance with the Comprehensive Plan and Zoning Ordinance and'recommends approval of both the rezoning request and the special use permit request. Planning and Zoning History: The existing SPCA was constructed prior to the 1980 Zoning Ordinance and, therefore, has a limited history file. Comprehensive Plan: The land use designation for this application is Transitional Use, which allows for a variety and mix of uses including Urban Density Residential, Office Service and Neighborhood Service uses. Transitional Use areas are intended to be used primarily between residential areas and commercial or industrial areas, or in areas where flexibility of land uses may be necessary or appropriate to blend changing circumstances (where long-term public improvements are anticipat.ed...). This area was designated Transitional to provide flexibility in uses to address the potential impact of the construction of the Route 29 Western Bypass. The Bypass will physically separate the new SPCA from the residential/rural areas to the west. In fact, the Bypass itself will prove to be more intrusive on such sensitive areas than the animal shelter. Maintaining the SPCA facility in this location is not considered inconsistent with the Comprehensive Plan designation. Open Space and Critical Resources Plan: Except. for the immediate area surrounding the existing facility, the majority of the site is categorized as Important Wooded Area. The wooded area is predominantly comprised of large deciduous trees. The proposed SPCA will entail clearing most of the existing trees. Staff notes that the proposed Route 29 Western Bypass will also involve cleating, although not as significant on the subject parcel. However, the Route 29 Western Bypass road alignment will destroy a significant number of trees on the adjacent parcels, particularly along the ridgeline, which are also categorized as Important Wooded Areas. Therefore, Staff finds that the construction of the Route 29 Western Bypass will have a more significant impact on the overall important wooded area than the proposed SPCA itself. It is staff opinion that among the reasons the Important Wooded Area was categorized as such due to its value in buffering the intense commercial area to the east from the residential/rural area to the west. Although the Route 29 Western Bypass alignment essentially negates the purpose of the trees, staff has identified an area of trees that is significant and should remain. There is a small 30-foot strip of trees along the Berkmar Drive frontage that can be preserved. Except for the installation of utilities, the trees can remain relatively untouched and therefore provide a sizable buffer from Berkmar Drive. The trees will not only provide a visual amenity, but will also assist in diminishing noise coming from the SPCA. Therefore, staff is recommending as a condition of approval for the Special Use Permit (Condition 1) that the applicant submit a tree conservation plan for the area located along the Berkmar Drive frontage and have SUch plan approved by the Planning Department at the time of Final Site Plan review. The applicant is requesting a rezoning and a special use permit, which are discussed separately as follows: ZMA 20_00-05: The applicant is requesting to rezone 5..88 acres from R-6, Residential, to C-I, Commercial. The total acreage of the current parcel is 9.1 acres. Excluding the VDOT taking of land for the Western Bypass, a small portion of residual property (approximately 0.55 acres) will remain R-6 along Woodlands Road. The area being requested for rezoning is the residue acreage on the eastern side of the proposed Ronte 29 Western Bypass. Staff notes that the proximity of the Route 29 Western Bypass tends to make use of this site for residential purposes unlikely. By rezoning the property to C-I, the applicant can establish a veterinary hospital, with offices, and an animal shelter with the issuance of a special use permit. The applicant is also seeking a special u.se permit for such uses [SP 00-022]. County Staff has worked with the applicant for numerous years to identify a more suitable location with the County for a new SPCA and has been unable to find a more suitable location than the site of the existing facility. The Zoning Administrator has reviewed this request and has noted that "the Board of Supervisors amended the Zoning Ordinance on June 16, 1999 to define and allow animal shelters in the RA, HC, and C-1 all by special use permit. This was done based on their knowledge that VDOT would be taking the current SPCA building for construction of the proposed Western Bypass" (Attachment F). The Zoning Administrator has noted that "since the SPCA is currently in negotiations with VDOT regarding the'taking of their land, they need to know now if the residue property can be zoned to permit them to rebuild at this location." VDOT has reviewed the plans and has found no conflict with this proposal (Attachment G). Although the land acquisition has not occurred on the subject parcel, VDOT has acquired the land on the north and south sides of the parcel. With land acquisition for the Bypass on both sides, VDOT is able to determine what portion is necessary to acquire from the SPCA. Attachment H is a copy of the plat depicting the right-of- way. With regards to proffering, the Zoning Administrator offers the following comment: "Although many rezonings need proffers by the applicants to mitigate the undesired effects of the proposed district, this property has identifiable circumstances that make it acceptable without any special offerings. The 5.88 acres to be rezoned will be bounded 3 on two sides by the Westem Bypass and by Woodbum Road. The other sides are part C- 1 and part R-6, one parcel of which is vacant. The C-1 uses and setbacks are commercial ones that the ordinance sets out as the most compatible with surrounding residential zoning districts. If the SP for an animal shelter is approved, there are even greater setbacks and noise regulations. The fact that the nonconforming SPCA has been there for many years and the neighborhood properties have akeady been accustomed to it makes it more acceptable. It is also possible for those adjoining parcels to request acommercial zoning desiguatiom Therefore, we have no problem with this unfettered zoning (Attachment I)." Planning Staff concurs with the Zoning Administrator's analysis and finds no' conflict with- approving this unfettered zoning. C-1 uses, in general, seem appropriate at this location whether or not the Special Use Permit is approved or the animal shelter is ever pursued (See Attachment K, C-1 uses). Staff concludes that C-1, Commercial, zoning is an appropriate land use designation for this property and therefore recommends approval of ZMA 00-005. SP 00-022'. Staff will address each provision of Section 31.2. 4.1 of the Zoning Ordinance. The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property, Staffnotes that the existing SPCA animal shelter has existed within the community for many years. Staff cannot locate any history of opposition to the existing facility from adjacent property owners. The only identified substantial detriment to adjacent properties is the impact associated with noise and traffic. Noise- Although viewed as a substantial detriment, staff has identified the following factors that will contribute to a decrease in noise in relation to that generated from the existing facility: Removal of the Stockyard - Currently, the existing SPCA has a small stockyard for agricultural animals. The proposed facility will not house agricultural and/or indigenous fauna, and therefore will result in less noise; Enclosure of the Outdoor Dog Pens - Currently, the existing SPCA has outdoor dog pens that face towards the residentially zoned properties to the north and south. The dog pens are the major contributing factor to noise. The proposed facility will reduce noise impact by enclosing the outdoor dog pens with blocked walls, thus creating an internal courtyard; Increased Distance Separation - The proposed dog kennels are proposed to be located approximately 100 feet from the nearest residential property line to the south and 190 feet from the nearest property line to the north [A modification of setback is required]. Staff notes that although the distance separation from the southern property line has decreased by 280 feet, the distance separation from the northern property line has increased from 5 feet to 190 feet. The revised location better centers the building on the site; Impact of the Route 29 Western Bypass - The intent of the Bypass is to alleviate traffic on Route 29, including significant track traffic. It is Staff opinion that the presence of the new bypass will have impact equal to, or greater than, the noise impact of the proposed SPCA; and, Compliance with the Zoning Ordinance - As previously mentioned, the existing SPCA was established prior to the adoption of the 1980 Zoning Ordinance and, therefore, is not subj eot to the provisions of the Ordinance. The new facility will be subject' to the recently adopted Noise Ordinance andthe Supplementary Regulations of Section 5.1.11 as further discussed in this report. The Zoning Department has reviewed this application and has noted that the Noise Ordinance has been recently adopted by the Board of Supervisors on June 14, 2000 (Attachment I). The new ordinance states that at any rural/residential property line, the sound levels permitted for an animal shelter that is not soundproofed are "...60 decibels in the daytime, but only 55 at night." Attachment J is a copy of the Maximum Sound Levels Chart of Section 4.18.04. Should the animal shelter exceed these standards, the applicant will be cited in violation of the Noise Ordinance and will have to work with the Zoning Department to address any problems. Traffic - With the closure of the existing entrance, staff finds less of an adverse impact on adjacent properties along Woodlands Road. Woodlands Road is a non-tolerable road and is inadequate in accommodating increasing traffic. The new access will be from Berkmar Drive, which has the capacity to accommodate the increase in traffic. VDOT has reviewed this proposal and has not identified any conflict with the use of Berkmar Drive. that the character of the district will not be changed thereby, As previously noted, the use has existed in harmony with the district for many years. The proposed facility is not viewed as an intensification of use since the same use currently exists on site. Upgrades in the construction and operation of the facility will result in less impacts than the existing facility. The proposed uses will compliment the commercial area within the surrounding district. The applicant has indicted that the annual SPCA Rummage Sale will not occur at the proposed facility and staff has included a condition with the special use permit excluding such use (Condition 2). Staff also finds that the Route 29 Western Bypass will have a much greater impact on the character of the district than the establishment of a new SPCA. Therefore, Staff concludes that the proposed uses will not change the character of the district. and that such use will be in harmony with the purpose and intent of this ordinance, Staff has reviewed this request for compliance of Section 1.4, Section 1.5, and Section 1.6 of the Zoning Ordinance and finds no conflict. with the uses permitted by right in the district, Approval of this request will not negatively affect permitted uses on adjacent property. with additional regulations provided in Section 5.0 of this ordinance, Section 5.1.11 contains additional regulations regarding this type of use. The following discussion incorporates the recently approved changes to Section 5.1.11: Comment: Except where animals are confined in soundproofed, air-conditioned buildings, no structure or area occupied by animals shah be closer than five'hundred (500) ' feet to any agricultural or residential lot line. For non-soundproofed animal confinements, an external solid fence not less than six (6)feet in height shah be located within fifty (50)feet of the animal confinement and shah be composed of 'concrete block, brick, or other material approved by the zoning administrator; (Amended 11-15-89) Since the dog kennels are not soundproofed, and are proposed to be located approximately 120 feet from the nearest residential property line to the south and 210 feet from the nearest property line to the north, a modification of setback is necessary. Staff notes that although the distance separation from the southern property line has decreased by 260 feet, the distance separation from the northern property line has increased from 5 feet to 220 feet. The revised location better centers the building on the site. Also, the existing dog kennels are totally exposed and face towards the residentially zoned properties to the north and south. The new facility will enclose the dog kennels and orient them internal to-the building, with block walls that will serve as a building/hallways around the k~nnels. Staff finds that the revised location and building design is a vast improvement over the existing situation and therefore recommends approval of a modification of setback. The Planning Commission's action for the special use permit request must include an action for the reduction of setbacks as outlined in Section 5.1.11 of the Zoning Ordinance. Staff has included a condition of approval that.the site be developed in general accord with the submitted preliminary site plan (Aitachment B, Condition 3). Comment: For soundproofed confinements, no such structure shah be loCated closer than two hundred (200)feet'to any agricultural or residential lot line. For soundproofed confinements, noise measured at the nearest agricultural' or residential property line shah not exceed forty (55) decibels; (Amended 06-14-00) The proposed facility will not be soundproofed and, therefore, is not subject to this regulation. Comment: In all cases, animals shall be confined in an enclosed building from l O:OO p. m. to 6:00 a.m. (Amended 06-14-00) Staff has included a condition of approval of the special use permit for the confinement of the animals during such hours (Condition 4). Comment: In areas where such uses may be in proximity to other uses involving intensive activity such as shopping centers or other urban density locations, special attention is required to protect the public health and welfare. To these ends the commission and board may require among other things: (Amended 11-15-89) -Separate building entrance and exit to avoid animal conflicts; (Added 11-15-89) -Area for outside exercise to be exclusive from access by the public by fencing or other means. (Added 11-15-89) This provision was intended for facilities of this nature that are located or proposed to be located within a shopping center. This facility is "stand-alone" and is, therefore, not subject to such regul.ation. and with the public health, safety and general welfare. No adverse impact on public health, safety, and/or general welfare can be identified with this request. In fact, staff finds an increase in public health, safety and general welfare with the removal of site traffic from Woodlands Road, which is a non-tolerable road. With proposed full- frontage improvements, Berkmar Drive has the capacity to accommodate the increase in traffic. VDOT has reviewed the applicant's request and has found no conflict with this proposal (Attachment G). Although the land acquisition has not occurred on the subject parcel, VDOT has acquired the land on the north and south sides of the parcel. With land acquisition for the Bypass on both sides, VDOT is able to determine what portion is necessary to acquire from the SPCA. Attachment H is a copy of the plat depicting the right-of-way. VDOT has indicated that some issues have not been addressed on the preliminary site plan and should be conditioned for the rezoning and special use permit to proceed. Therefore, staff has included a condition that that the applicant install all full frontage improvements as required by VDOT (Condition 5). Section 3.1-796.96 of the State Code of Virginia requires "The governing body of each county or city to maintain or cause to be maintained a pound in accordance with guidelines issued by the Virginia Department of Agriculture and Consumer Services" (Attachment E). The applicant has noted that "By contract with the County of Albemarle and the City of Charlottesville, the SPCA has served for many years as the pound for these two jurisdictions" (Attachment C). Denial of this rezoning request may be in conflict with such State requirements, if another site is not established for the SPCA. Summary_: Staff has identified the following factors which are favorable to this petition: The new construction will be of a better soundproofing design than that of the existing facility; 7 o 3. 4. 5. 6. 7. 8. 9. The current use has existed in harmony with the surrounding residential district for many of years; The new facility will no longer take access of Woodlands Road, which is a non-tolerable road; The proposed use should have less of an overall impact on the character of the area than that of the impending Route 29 Western Bypass; The Route 29 Western Bypass will provide for separation from residential/rural zoned property to the west; The zoning is consistent With other commercially zoned properties within the areas; The use is subject to the regulations of the recently adopted noise ordinance (Section 4.18); Consistent with Sections 5.1.11 of the Zoning Ordinance except for 5.1.11 (a) which must be modified; and, Consistent with Section 32.2.4.1 of the Zoning Ordinance. Staff has identified the following factor which is favorable to this petition: There will be a loss of residential holding capacity in the Urban Area [35 dwelling units]; and, Requires modification of the provisions of Section 5.1.11 (a) of the Zoning Ordinance regarding distance fi:om a residential lot line. Staff has identified the following factors related to the Comprehensive Plan which are considerations in this request: Although an animal shelter is not specifically listed as a "Typical Primary Use" in Transitional Use areas of the Comprehensive Plan. However, the Transitional designation was provide in this area to allow flexibility in uses which would-be in keeping with the impact of the Route 29 Western Bypass construction. Maintenance of the SPCA facility in this location is not seen as inconsistent with the Comprehensive Plan. Although the Open Space and Critical Resources Plan depicts the majority of the area as "Important Wooded Area", staff finds that the construction of the Western Bypass will have a much greater impact on the "Important Wooded Area. Recommended Action: Staff recommends approval to rezone the petitioned 5.88 acres to C-l, Commercial, from R-6, Residential [ZMA 2000-05]. No prOffering is associated with this recommendation. Staff recommends approval of special use permit SP 00-022, to allow for an animal shelter and a veterinary hospital and associated offices, with conditions. Recommended Conditions of Approval: Planning Department approval of a tree conservation plan for the area located along the Berkmar Drive road frontage; The proposed use shall not accommodate the seasonal "Rummage Sale" or any other fundraising activities without amendment to this special use permit, or appropriate permitting by the Department of Building Codes and Zoning Services; The site shall' be developed in accord with the attached site plan dated May 12, 2000; Revised June 12, 2000 (Attachment B); 4. Animals shall be confined in an enclosed building from 10:00 p.m. to 6:00 a.m.; 5. The applicant shall install all full frontage improvements as required by VDOT; and, o Uses shall be limited to an animal shelter and a veterinary hospital with associated offices only. Note: In order to allow for approval of the site plan, staff also recommends approval of a modification of the setbacks contained in Section 5.1.11 (a). The modification of setbacks will allow a building setback reduction to 100 feet from the southern property line and reduction to 190 feet from the northern property line. (Only the Planning Commission needs to 'act this modification of setbacks.) ATTACHMENTS: A - Tax Map B - Copy of the Preliminary Site Plan C - Applicant's Petition for Rezoning D - Applicant's Special Use Permit Request and Justification E - Section 3.1-796.96 of the State Code of Virginia F - Zoning Administrator's Memo Dated June 29, 2000 G - VDOT Comments Dated June 30, 2000 H - Plat Depicting Right-of-Way I - Zoning Administrator's Memo Dated June 29, 2000 J ~ Maximum Sound Levels Chart of Section 4.18.04 of the Noise Ordinance K - List of C-1 Uses ATTACHMENT A i SI? 44N~L? ~ Sirs 444 4t 3?' /'~ '~ '~-MA'o0'o05 ALBEMARLE SPCA (NEW sHELTER 61 RI C , RIVANNA ,,~.~CK JCU--TT DIST.RICTS SECTION 45 J Ii llili C tt.~Ig.I,O'rTI~S1/IIJ~/A LIIE IJ AIILE S.P.C.A. PRELIMINAIIY lilll': PI~LN fl £NStlAtHDV.LI.V ,JUN ~9 2000 ~LANNING AND GOMMtJNITY DEVELOPMEN'i ATTACHMENT C Application for Zoning Map Amendment The Albemarle Society for the Prevention of Cruelty to Animals, Inc. (the "SPCA") Number of acres to be rezoned: The property to be rezoned is 5.88 acres, which is all of TM 45-86 except that portion of TM 45-86 which is to be acquired by VDOT for the proposed Rome 29 Bypass, as described in the attached letter dated April 23, 1998 and attached Option granted April 20, 1998. What is the Comprehensive Plan designation for this property.? Transitional. What public need or benefit does this rezoning serve? The SPCA and its animal sheker serve the public need and benefit by providing humane animal sheltering services to and for the benefit of the animals and residents of the County of Albemarle and the City of Charlottesville. The SPCA provides shelter for more than 4,000 lost or stray cats and dogs per year. The SPCA serves a mandatory_ public function by serving as the pound for both the County of Albemarle and the City of Charlottesville. Virginia Code § 3.1-796.96 requires the governing body of each county or city to maintain or cause to be maintained a pound in accordance with guidelines issued by the Virginia Department of Agriculture and C6nsumer Services. By contract with the County of Albemarle and the City of Charlottesville, the SPCA has served for many years as the pound for these two jurisdictions. VDOT will be taking the SPCA's existing animal shelter on Woodburn Road for the proposed Route 29 Bypass and, therefore, it will be necessary for the SPCA to construct a new- animal shelter. This rezoning to.C-l, together with the granting of a special use permit for an animal shelter pursuant to Section 22.2.2(13) of th6 Zoning Ordinance, will enable the SPCA to construct a new animal shelter on contiguous property already owned by the SPCA on Berkmar Drive. Due in substantial part to the subject property's more visible location on a more traveled throughway, the new shelter will be better able to serve the public need and benefit. With an animal shelter with visibility and access from Berkmar Drive, the SPCA should be able to attract more customers and thereby increase animal adoption rates and reduce animal euthanasia rates. 12 ATTACHMENT C Are public water, sewer, and roads available to serve this site? Will there be any impact on these facilities? Public water and roads are available to serve this site. The SPCA believes that public sewer will be available through appropriate engineering and development, although public sewer is not available on site at present. The SPCA believes that there.will be no impact on these facilities in excess of their design-rated capacities.. The SPCA will work with staff to address appropriately any concerns about'impact on public water, sewer, and roads. What impact will there be on the County's natural, scenic, and historic resources? The subject property is situated between Berkmar Drive to the east and the proposed Route 29 Bypass to the west. The adjacent parcel to the south on'Berkmar Drive is zoned C-1 and has been developed with an office building. The adjacent parcel to the north on Berkmar Drive is zoned R-6 and remains undeveloped at present. The adjacent parcel across Berkmar Drive is zoned C-1 and has been developed with an amusement center known as Planet Fun. The SPCA believes that the rezoning and construction of an animal shelter on the subject property will have minimal impact on. the County's naturai~and scenic resources and no impact on the County's historic resources. The SPCA will work with staffto address appropriately any concerns about impact on natural and scenic resources. OPTIONAL: Do you have plans to develop the property if the rezoning is approved? If so, please describe: Yes. The SPCA plans to build a new animal shelter on the property. The SPCA has retained ACES Planning and Design ("ACES") of Watsonville, California and Forest, Virginia as the architect for the project. ACES is a worldwide leader in the design of animal shelters. ACES has already prepared a Feasibility Study and Building Program for the SPCA and will soon be preparing a preliminary site plan. The SPCA intends to submit a preliminary site plan to the County as soon as possible and estimates that a preliminary site plan will be submitted on or before the May 30, 2000 submission deadline. ATTACHMENT C Preliminary plans envision a new shelter facility of approximately 11,563 square feet. The SPCA plans to build a new shelter which is attractive and inviting to the public and compatible in design with other nearby structures and regional architecture. The building will be designed to serve the following functions: (1) public reception and limited sales of pet supplies; (2) administration, including private offices; (3) public education with classroom or meeting room; (4) animal receiving, including areas for examination and grooming of animals; (5) animal kennels for stray and adoptable animals; (6) animal kennels for quarantine and observation; (7) clinic for animal care, emergencies, euthanasia, and possible spay/neuter; and (8) temporary wildlife holding. Suitable parking and extensive landscaping will complement the shelter building. The SPCA expects that its new shelter facility will be staffed by a minimum of sixteen (16) full-time employees. The SPCA is committed to developing the property in a way that will enhance the property, the Berkmar Drive corridor, and the County of Albemarle. Describe your request in detail including why you are requesting this particular zoning district? The SPCA is requesting rezoning and a special use permit to enable the SPCA to construct a new animal shelter with in-house veterinary clinic on the subject property. An "animal shelter" is permitted by special use permit in districts RA, C-l, and HC. See Zoning Ordinance Sections 10.2.2(47), 22.2.2(13), and 24.2.2(16), respectively. "Veterinary services, animal hospital" is permitted by special use permit in district RA, and "veterinary office and hospital" ispermitted by special use permit in districts C-1 and HC. See Zoning Ordinance Sections 10.2.2(18), 22.2.2(5), and 24.2.2(4), respectively. Of the three districts in which an "animal shelter" is permitted by special use permit, district C-1 is most appropriate for the subject property in light of the intent of C-1 districts as expressed in the Zoning Ordinance, the by-right uses permitted in district C-I, and the actual and existing uses of the adjacent parcels and other nearby parcels on Berkmar Drive. Actual and existing uses on Berkmar Drive include office and retail space, including Pet Food Discounters at the intersection of Berkmar Drive and Woodbrook Court, the amusement center known as Planet Fun, and the University of Virginia Community Credit Union. RA is not appropriate for this developing commercial district. HC is not appropriate because such districts are intended to be established on major highways, not.on Berkmar Drive. END OF ATTACHMENT 14 Application for Special Use Permit The Albemarle Society for the Prevention of Cruelty to Animals, Inc. ATTACHMENT D Number of acres to be covered by Special Use Permit: The number of acres to be covered by the Special Use Permit is 5.88 acres, which is all of TM 45-86 except that portion of TM 45-86 which is to be acquired by VDOT for the proposed Route 29 Bypass, as described in the attached letter dated April 23, 1998 and attached Option granted April 20, 1998. How will the proposed special use affect adjacent property? The proposed special use of the property for an animal shelter will not adversely affect adjacent property. The property is bounded by Berkmar Drive to the east and by Planet Fun across Berkmar Drive. The SPCA's new animal shelter and Planet Fun should benefit each other by attracting customers from the other. The property is bounded by a multi-purpose office and retail building to the south, by the proposed Route 29 Bypass to the west, and by undeveloped property (currently zoned R-6) to the north. Because property north of the subject property and west of Berkmar Drive will also be surrounded by Berkmar Drive on the east and the proposed Route 29 By-pass on the west, that adjacent and nearby property, too, is appropriate for commercial development. The proposed special use is subject to the special requirements of Zoning Ordinance Section 5.1.11. Satisfaction of these requirements, in addition to satisfaction of the customary requirements for district C-1, will minimize any potential adverse effects on adjacent property. How will the proposed special use affect the character of the district surrounding the property? The proposed special use of the property for an animal shelter will enhance the character of the district surrounding the property. The district is a developing commercial district of various uses. Office and retail space, including Pet Food Discounters, coexists with the University of Virginia Community Credit Union and Planet Fun, for example. The proposed use is consistent with the mixed-use character of this developing commercial district. ATTACHMENT D How is the use in harmony with the purpose and intent of the Zoning Ordinance? The Zoning Ordinance is intended to improve public health, safety, convenience and welfare of citizens of the County. The proposed use will improve public health, safety, convenience and welfare. See Zoning Ordinance Section 1.4. The Zoning Ordinance is intended to facilitate the creation of a convenient, attractive and harmonious community. See Zoning Ordinance Section 1.4.3. The proposed special use of the property for an animal shelter will make the vital public services provided by the SPCA more convenient to the community because the property affords a more visible and more accessible site than the existing shelter site. In addition, this more visible and accessible site should enable the SPCA to increase the rate of adoption for adoptable animals and decrease the rate of euthanasia of otherwise adoptable animals. The SPCA believes that these results will contribute to a more attractive and harmonious community. The Zoning Ordinance is intended to facilitate the provision of adequate public requirements. See Zoning Ordinance Section 1.4.4. The SPCA serves a mandatory public function by serving as the pound for both the County of Albemarle and the City of Charlottesville. Virginia Code § 3.1-796.96 requires the governing body of each county or city to maintain or cause to be maintained a pound in accordance with guidelines issued by the Virginia Department of Agriculture and Consumer Services. By contract with the County of Albemarle and the City of Charlottesville, the SPCA has served for many years as the pound for these two jurisdictions. Therefore, the proposed special use is in harmony with the purpose and intent of the Zoning Ordinance to facilitate the provision of an adequate pound as required by Virginia Code §3.1-796.96. The proposed use is compatible with and not offensive to any of the purposes and interests set forth in Section 1.4 of the Zoning Ordinance. Promotion of the public health, safety, and general welfare of the community is discussed further below. How is the use in harmony with the uses permitted by fight in the district? The proposed special use of the property for an animal shelter is in harmony with many of the uses permitted by right in district C-1. The proposed use is similar in scale, effect on resources, and impact on the district to other uses permitted by right in district C-1, such as food and grocery stores, financial institutions, indoor theaters, laundries, and eating establishments. Various retail sales and service establishments are permitted by right in district C-1. The SPCA resembles a retail establishment in that it offers animals for adoption to members 2 ATTACHMENT D of the general public. In addition, as it does in its existing shelter, the SPCA plans to offer limited sales of pet supplies at its new shelter. Various services and public establishments are permitted by right in district C-1. In particular, "Public uses and buildings.., such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies" are permitted by right in district C-1. As noted elsewhere in this application, the proposed use fulfills a mandatory public function and thereby is in harmony with other public uses and buildings permitted by right in district C-1. How will the use promote the public health, safety, and general welfare of the community? The proposed special use of the property for an animal shelter will promote the public health, safety, and general welfare of the community by providing humane animal sheltering services to and for the benefit of the animals and residents of the County of Albemarle and the City of Charlottesville. The SPCA provides shelter for more than 4,000 lost or stray cats and dogs per year. For example, through the programs and services offered by its animal shelter, the SPCA reunites lost animals with their owners; adopts other animals to suitable homes; reduces animal overpopulation by educating the general public about the benefits of spay/neuter, enforcing animal adopters' obligation to spay or neuter animals adopted from the SPCA, and offering low-cost spay/neuter certificates; and provides humane euthanasia when necessary and to minimize suffering. The SPCA serves a mandatory public function by serving as the pound for both the County of Albemarle and the City of Charlottesville. Virginia Code § 3.1-796.96 requires the governing body of each county or city to maintain or cause to be maintained a pound in accordance with guidelines issued by the Virginia Department of Agriculture and Consumer Services. By contract with the County of Albemarle and the City of Charlottesville, the SPCA has served for. many years as the pound for these two jurisdictions. Describe your request in detail and include all pertinent information such as the numbers of persons involved in the use, operating hours, and any unique features of the use: The SPCA requests a special use permit to construct and operate an "animal shelter" on the property, as permitted by special use permit pursuant to Zoning Ordinance Section 22.2.2(13). Preliminary plans incorporate a clinic within the shelter for animal care, emergencies, euthanasia, and possible spay/neuter. Although the SPCA believes that the proposed clinic would be permitted by a special use permit for an "animal shelter," the 17 ATTACHMENT D SPCA additionally seeks a special use permit for a "veterinary' office and hOspital'' as permitted by special use permit pursuant to Zoning Ordinance Section 22.2.2(5). The SPCA has retained ACES Planning and Design ("ACES") of Watsonville, California and Forest, Virginia as the architect for the project. ACES is a worldwide leader in the design of animal shelters. ACES has already prepared a Feasibility Study and Building Program for the SPCA and will soon be preparing a preliminary site plan. The SPCA intends to submit a preliminary site plan to the County as soon as possible and estimates that a preliminary site plan will be submitted on or before the May 30, 2000 submission deadline. Preliminary plans envision a new shelter facility of approximately 11,563 square feet. The SPCA plans to build a new shelter which is attractive and inviting to the public and compatible in design with other nearby structures and regional architecture. The building will be designed to serve the following functions: (1) public reception and limited sales of pet supplies; (2) administration, including private offices; (3) public education with classroom or meeting room; (4) animal receiving, including areas for examination and grooming of animals; (5) animal kennels for stray and adoptable animals; (6) animal kennels for quarantine and observation; (7) clinic for animal care, emergencies, euthanasia, and possible spay/neuter; and (8) temporary wildlife holding. Suitable parking and 'extensive landscaping will complement the shelter building. The SPCA expects that its new shelter facility will be staffed by a minimum of sixteen (16) full-time employees. In addition, animal control officers and others will deliver animals to the shelter; vendors and suppliers will periodically deliver equipment and supplies to the shelter; and customers and volunteers will visit the shelter during business hours. The SPCA's existing animal shelter on Woodburn Road is open to the public Monday through Saturday, 9:00 a.m. to 4:00 p.m., and Sunday, noon to 4:00 p.m. At a minimum, the SPCA will offer comparable hours at its new animal shelter. In addition, the SPCA may wish to offer extended hours one or more evenings per week to increase the accessability and availability of its services to the community. END OF ATTACHMENT 4 Legislative Information System Page 1 of 3 § 3.1-796.96 County or city pounds; confinement and disposition of stray animals ATTACHMENT E A. The governing body of each county or city shall maintain or cause to be maintained a pound in accordance with guidelines issued by the Department of Agriculture and Consumer Services and shall require dogs running at large without the tag required by § 3.1-796.92 or in violation of an ordinance passed pursuant to § 3.1-796.93 to be confined therein. The governing body of any county or city need not own the facility required by this section but may contract for its establishment with a private group or in conjunction with one or more other local governing bodies. The governing body shall require that the pound be accessible to the public at reasonable hours during the week. Nothing in this section shall be construed to prohibit confinement of Other companion animals in such a pound. B. An animal confined pursuant to this section shall be kept for a period of not less than five days, such period to commence on the day immediately following the day the animal is initially confined in the facility, unless sooner claimed by the rightful owner thereof. The operator or custodian of the pound shall make a reasonable effort to ascertain whether the animal has a collar, tag, license, tattoo, or other form of identification. If such identification is found on the animal, the animal shall be held for an additional five days, unless sooner claimed by the rightful owner. If the rightful owner of the animal can be readily identified, the operator or custodian of the pound shall make a reasonable effort to notify the owner &the animal's confinement within the next forty-eight hours following its confinement. If any animal confined pursuant to this section is claimed by its rightful owner, such owner shall be charged with the actual expenses incurred in keeping the animal impounded. C. If an animal confined pursuant to this section has not been claimed upon expiration of the appropriate holding period as provided by subsection B, it shall be deemed abandoned and become the property of the pound or shelter. If such abandoned animal did not, when delivered to the pound, bear a collar, tag, license, tattoo, or other form of identification, it may be humanely destroyed or disposed of by: 1. Sale or girl to a federal agency, state-supported institution, agency of the Commonwealth, agency of another state, or a licensed federal dealer having its principal place of business located within the Commonwealth, provided that such agency, institution or dealer agrees to confine the animal for an additional period of not less than five days; 2. Delivery to any humane society or animal shelter within the Commonwealth; 3. Adoption by any person who is a resident of the county or city for which the pound is operated and who will pay the required license fee, if any, on such animal; 4. Adoption by a resident of an adjacent political subdivision of the Commonwealth; 5. Adoption by any other person, provided, that no animal may be adopted by any person who is not a resident of the county or city for which the pound or animal shelter is operated, or of an adjacent political subdivision, unless the animal is first sterilized; or 19 http://legl .state.va.us/cgi-bin/legp504.exe?000+cod+3.1-796.96 06/28/2000 Subj: RE: SPIN comments Date: 06/29/2000 3:36:10 PM Eastern Daylight ~me ~,,,,em: SPRINKLE@exch. co.albemade.~a, us (Jan Sprinkle) Emordsette~aOl.com ('Emordsette(~aol.com') Here it is once again!!! The Board of SupervisOrs amended the zoning ordinance on June 16, 1999 to define and allow animal shelters in the PA, HC and C-1 all by special use permit. This was done based on their knowledge that VDOT would be taking the current SPCA building for construction of the proposed Western Bypass. With the apprepdate allowances now in the ordinance, the SPCA has applied for both a rezoning to C-1 and the SP to allow the animal shelter. Since the SPCA is currently in negotiations with VDOT regarding the taking of their land, they need to know now if the residue property can be zoned to permit them to rebuild at this location. This use must comply with the supplemental regulations of Section 5.1.11, Commercial Kennel, Veterinary Service, Office or Hospital, Animal Hospital, or Animal Shelter. Since the property is bounded by R6 zoning on both the north and south, a 200' setback is required for the building if it is soundproofed, and a 500' setback if not. This section was just modified on June 14, 2000 when the Board of Supervisors adopted the new noise ordinance. The sound levels permitted for an animal shelter are now the same for day or night and soundproofed: noise measured at the receiving zone of any rural areas or residential distdct shall not exceed fifty-five (55) decibels. If the structure is not soundproofed, the level can be 60 decibels in the ~,t,~me, but only 55 at night. We should also address the possibility of the SPCA yearly rummage sale being held at this site. Two to four day temporary events may be held in commercial districts by fight, but require a clearance from this department to insure that noise, traffic, public safety and any other concerns are adequately addressed. If the sale is envisioned at this site, the overflow parking necessary to accommodate the use should be shown on the site plan. If the sale is not currently envisioned here, there should'be a condition of the SP stating no rummage sale unless the SP is amended. That will insure future control of the land use impacts of such a major event. There are a number of items shown on the proposed site plan that are not explained. The former building including an incinerator, a house, several sheds and a propane tank are shown in VDO'Fs proposed PJW but are not relocated on the residue where this SP will apply. The zoning administrator has agreed that the incinerator is a customarily incidental use to an animal shelter and can be authorized under this SP, but it should be noted if it is planned. The sheds and propane tank are also accessory structures that can be on the site, but need to be noted and must meet the appropriate setbacks. 'ATTACHMENT F There is an existing pet cemetery shown on the site plan which is being disturbed with grading and pavement for parking. Please explain what happens to the animal bodies that have been interred there. If the cemetery is.~laj,ng relocated, we need to know where. Jan Sprinkle spdnkle@albemade, org 2O ThtJrSdal¥, June 29, 2000 America Online: Emorriseffe Pa(3~,. · Virginia Department of Transportation Charlottesville Residency 701 VDOT Way Charlottesville, VA 22911 ATTACHMENT G JUN 3 0 2000 ~LANNINC~ '~,OMMUNi ,'r'Y DEVE~LOPME~I Date: June 30, 2000 To: Eric Morrisette JeffThomas From: Bob Ball Phone: (804) 293-0011 ext. 19 Fax: (804) 979-3759 Subject: ZMA-00-005, SDP-00-060, Albemarle SPCA (New Shelter), Route 1403 The applicant's composite plat (dated June 12, 2000) appears to be consistent with our latest'project plans (copy attached) for proposed Route 29 Bypass ROW. The latest project plans show a temporary drainage and sediment basin easement within the portion of the site proposed for rezoning and within the applicant's site plan. We recommend that as part of this rezoning, the applicant agree that negotiations for this easement area be based on the existing R-6 zoning. This easement should be shown on the site plan. The latest project plans show the entire piece of land between the proposed Bypass ROW and Woodburn Road ROW as temporary easement until the project is complete. It is our understanding that this area is not part of the rezoning. Final ROW and necessary easements are subject to revision until construction is complete. Therefore, we recommend that.as part of the rezoning process, the applicant agree that if necessary ROW or easements require adjustment from what is shown on current plans or this composite plat, negotiations for that .ROW or easement be based on the current R-6 zoning. This composite plat has not addressed our ROW comments along Berkmar Drive. The composite plat does not include proposed ROW and easement acquisition along the Woodbum portion of the site. If you have any questions regarding these comments, please advise before releasing to the applicant. cc - Fannie Mae Printz. Karen Kilby, Marshall Barron, J.H. Kesterson 21 _~z .1:_< z_~ o° T 0 Subj: RE: SPIN comments Date: 06/29/2000 5:28:31 PM Eastern Daylight Time .-=rom: SPRINKLE@exch.co. albemade, va. us (Jan Sprinkle) 1'o: Emordsette@aol.com ('Emorfisette@aol.com') .~iere's my revised ZMA comments from SPIN - sorry for the delay. For this rezoning to be accurately depicted, we need a suney indicating the 3recise 5.88 acres. The SP application notes that the 5.88 acres "is all of 1'M45-86 except that portion of TM45-86 which is to be acquired by VDOT for :he proposed Route 29 Bypass..." On the site plan, there is a portion of ]'M45-86 that is not shown as being acquired by VDOT and which will have =rontage on Woodbum Road. Is this intended to be rezoned to C17 &lthough many rezonings need proffers by the applicants to mitigate the Jndesired effects of the proposed district, this property has identifiable ;ircumstances that make it acceptable without any special offerings. The 5.88 acres to be rezoned will be bounded on two sides by the Westem Bypass ~nd by Woodbum Road. The other sides are part C-1 and part R-6, one parcel ~f which if vacant. The C-1 uses and setbacks are commercial ones that the ~rdinance sets out as the most compatible with surrounding residential .'oning districts. If the SP for animal shelter is approved, there are even ~reater setbacks and noise regulations. The fact that the nonconforming ~PCA has been there for many years and the neighboring properties have 31ready been accustomed to it makes it more acceptable. It is also possible Or those adjoining parcels to request a commercial designation. Therefore, ye have no problem with this unfettered zoning district. lan Spdnkle ;pdnkle@albemade. org ATTACHMENT --Original Message, · -'rom: Emordsette@aol.com [mailto:Emordsette@aol.com] ~ent: Thursday, June 29, 2000 12:00 PM -o: S PRINKLE@exch. co. albemade, va. us ~ubject: Re: SPIN comments ~o attachments with this e-mail. Sorry to trouble you. If all else fails, ny fax works! Headers {etum-Path: <.SPRINKLE@exch. co.albemade, va. us> [eceived: from dy-zd04, mx.aol.com (dy-zd04.mail.aol.com [172.31.33.228]) by air-zd01.mail.aol.com (v75.18) with ESMTP; 'hu, 29 Jun 2000 17:28:31 -0400 {ecei~d: from cmsl.albemade, org (acpd.co. albemarle, va.us [208.6.90.12])by dy-zd04.mx.aol.com (v75.18)with ESMTP: 'hu, 29 Jun 2000 17:28:02 -0400 {ecei~d: by cmsl.co, albemade, va. us with Intemet Mail Se~ce (5.5.2650.21) id <.N45WWPW8>; Thu, 29 Jun 2000 17:26:55 -0400 /lessage-ID: <. C735981EB58DD111921500AOC99D7989019DB5F7@cms I. co.albemade, va. us> 'rom: Jan Spdnkle <.SPRINKLE@exch.co.albemade. va. us> 'o: '"Emordsette@aol.com"' <.Emordsette@aol.com> ;ubject: RE: SPIN comments )ate: Thu, 29 Jun 2000 17:26:54-0400 ~lME-Version: 1.0 ;-Mailer. Intemet Mail Service (5.5.2650.21) 23 Thursday, June 29, 2000 America Online: Emorriselte Page: I ATTACHMENT J 3. , Subtract the v~.ue obtained frgm Row B under nar _~a0h (2/f~0m the minimum measured t0tal'i0und }evel to determine ~e sOurce sound level, 4. If the difference between the total sound level and the ambient sound level is~reater than I0 dBA. no correction is necessa~ to determine the source sound level." " (Ord. 00-15()) $~ I~w reftre~c~- V~ Code ~ 15~2-22Z0. Sec. 4.18;0.4..' Maximum sound levels. E.xcept as orovided in section 4.18.05. it shalI be unlawful for any person to operate or e..ause to be ,onerated, any source such that the sound originating.from.that source causes a sound level that exceeds the sound lev,e!s in ,~,,e receiving zone. measured ,ptt~uant to ~ectign ,4.18 03, as set forth below: __Receivin~ Zone' Zi'_ime Period' Noise Level (dB .A.) Rural Areas and Residenfi~al Daytime 6_0 Nighttime 55 ?~ublic S~ace or Ins.timt/onal Daytim_e 60 Nighttime 5~_~5 Commercial ~aytime 6~55 Night'time 65 Industrial Daytime 70 (Ord, 00-15()) Slate law re£crence- VI. Code § 15.2-2.280. See. 4.18.05 Exempt so..unds. The following sounds shall not be subieet to this section 4.18: A. Animal.. Sounds ~enerat. ed. from ani ,reals including, but not limited to. ba.r. king do,l~s~ B. Church bells or chimes. Sounds gene.rated by church ,,bells or chimes. C. Construction. demolition and/or ma(ntenanc¢ activities. ,Sounds generated from ALBEMARLE COUNTY CODE ATTACHMENT K Sections: 22.1 22.2 22.2.1 22.2.2 22.3 CHAPTER 18 ZONING SECTION 22 COMMERCIAL - C-1 INTENT, WHERE PERMITTED PERMITTED USES BY RIGHT BY SPECIAL USE PERMIT ADDITIONAL REQUIREMENTS 22.1 INTENT, WHERE PERMITTED C- 1 districts are hereby created and may hereafter be established by amendment to the zoning map to permit selected retail sales, servme and public use establishments which are primarily oriented to central business concentrations. It is intended that C-I districts be established only within the urban area, communities and villages in the comprehensive plan. (Amended 9-9-92) 22.2 PERMITTED USES 22.2.1 BY RIGHT The following uses shall be permitted in any C-1 district subject to the requirements and limitations of these regulations. The zoning administrator, after consultation with the director of planning and other appropriate officials, may permit as a use by right, a use not specifically permitted; provided that such use shall be similar to uses permitted by right in general character and more specifically, similar in terms of locational requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as generally provided in section' 34.0. a. The following retail sales and service establishments: 1. Antique, gift, jewelry, notion and craft shops. 2. Clothing, apparel and shoe shops. 3. Department store. 4. Drag store, pharmacy. 5. Florist. 6. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and wine and cheese shops. 7. Furniture and home appliances (sales and service). 18-22-1 25 Zoning Supplement #6, 12-30-99 ALBEMARLE COUNTY CODE ATTACHMENT K 8. Hardware store. 9. Musical instruments. 10. Newsstands, magazines, pipe and tobacco shops. 11. Optical goods. 12. Photographic goods. 13. Visual and audio appliances. 14. Sporting goods. 15. Retail nurseries and greenhouses. The following services and public establishments: 1. Administrative, professional offices. 2. Barber, beauty shops. 3. Churches, cemeteries. 4. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02). 5. Financial institutions. 6. Fire and rescue squad stations (reference 5.1.09). 7. Funeral homes. 8. Health spas. 9. Indoor theaters. 10. Laundries, dry cleaners. 11. Laundromat (provided that an attendant shall be on duty at all hours during operation). 12. Libraries, museums. 13. Nurseries, day care centers (reference 5.1.06). 14. Eating establishments. 15. Tailor, seamstress. 16. Automobile service stations (reference 5.1.20). 17. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. (Amended 5-2-93) 18-22-2 Zoning Supplement g6, 12-30-99 26 ALBEMARLE COUNTY CODE ATTACHMENT K 18. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 1 I- 1-9) 19. Temporary construction uses (reference 5.1.1). 20. Dwellings (reference 5.1.21). 21. Medical center. 22. Automobile, track repair shop excluding body shop. (Added 6-3-81; Amended 9-9-92) 23. Temporary nomesidential mobile homes (reference 5.8). (Added 3-5-6) 24. Indoor athletic facilities. (Added 9-15-93) 25. Farmers' market (reference 5.1.36). (Added 10-11-95) 18-22-3 Zoning Supplement g6, 12-30-99 2 7 To: From: Subject: Date: Members, Board of Supervisors Ella Washington Carey, CMC, Reading l~st for August 9, 200~ August 3, 2000 March I, 2000 Aprfl 12, 2000 April 18, 2000 (A) May 3, 2000 May 17, 2000 June 14, 2000 Pages I- 17 (end Item I O) - Mr. Dorrier Mr. Dorrier Mr. Martin Pages 1-22 (end at Item #9) - Ms. Thomas Mr. Bowerman Mr. Perl4ns /ewc