HomeMy WebLinkAbout1999-03-17COUNTY OF ALBEMARLE
MEMORANDUM
TO:
FROM:
DATE:
RE:
V. Wayne Cilimberg, Director of Planning and Community Development
Ella W. Carey, CMC, c.'~/
March 19, 1999
Board Actions of March 17, 1999
At its meeting on March 17, 1999, the Board of Supervisors took the following actions:
Agenda Item No. 1. The meeting was called to order at 7:04 p.m., by the Vice-Chairman, Ms.
Thomas.
Agenda Item No. 5.3. Resolution of Intent to amend Zoning Ordinance to provide for
continuation of animal shelters. ADOPTED the attached Resolution.
Agenda Item No. 6. Request to establish central sewage and well system at Cooper Industries
Facility, located on TM3 I, P2 lA, one mile south of intersection of Rt 660 and Rt 743, in Earlysville.
Rio Dist. APPROVED the central sewage system and central water systeln for the former Cooper
Industries facility subject to the following condition:
Approval is for the proposed septic system opacity of 120 users per day, as designed by the
Health Department~ Future expansions must be re-approved by the Board.
Agenda Item No. 7. PUBLIC HEARING on request by the City of Charlottesville that the
County grant to the City a permanent natural gas line easement across property jointly owned by the
County and City and identified as County Tax Map 45, Parcel 007 and Parcel 008 located within the
Ivy Creek Natural Area.
HELD the public hearing, but DEFERRED action until April 14, 1999. This deferral is to allow
the Board of Zoning Appeals to make a decision on an appeal of the Zoning Administrator's determina-
tion that the gas line is a transmission line.
Agenda Item No. 8. SP-97-51. U S Cellular (Goodlow Mountain) (Signs #97&99). PUBLIC
HEARING on a proposal to remove & reconstruct an existing tower on Goodlow Mountain in accord w/
Sec 10.2.2(6) of the Zoning Ord. TM36, P19. Property consists of 121 acs & is loc on Goodlow
Mountain on existing Columbia Gas pipeline easement. Znd PA. (This site is not located within a
designated growth area.). Rivanna Dist.
DEFERRED for 60 days and requested staff to review the application again in light of the site
visit last week, and provide the Board with some additional information. Depending upon staWs
recommendation, the request may or may not go back to the Planning Commission. Ms. Thomas asked
Mr~ V. Wayne Cilimberg
March 19, 1999
Page 2.
staff to do a propagation study of the effective service that could be provided if the antenna was
attached to the existing 60-foot tower.
Agenda Item No. 9. SP-98-57. Vintage Market (Sign #56). PUBLIC HEPd~ING on a request
to allow an existing country store to become conforming which would allow expansion in accord w/Sec
10.2.2.22 of the Zoning Ord. TM102, P27C. Property consists of 1.9 acs &is loc on Rt 20 ( Scottsville
Rd) approx 5.1 mls S of intersection with Rt 742 (Avon St). Znd RA & EC. (This site is not located in
a designated growth area.) Scottsville Dist.
APPROVED SP-98-57 subject to the following six conditions:
4.
5.
6.
Approval of a certificate of appropriateness from the Architectural Review Board prior to site
plan approval;
Approval of site plan, which shall satisfy, among all other applicable requirements, the
recommendations of VDoT stated in its 2/22/99 letter from J. H. Kesterson to Juandiego Wade
(copy attached);
The existing house shall not be used as a residence;
The size of the country store shall not exceed 4,000 square feet;
Removal of the wooden storage building adjacent to the store;
The landscape plan Shall meet staffs satisfaction to give adequate screening to the Burton
property adjacent to the store.
Agenda Item No. 10. SP-98-65. Snow's Business Park (Sign #91). PUBLIC HEARING on a
request to establish contractor's outdoor storage & display in accord w/Sec 30.6.3.2B of Zoning Ord.
Property consists of 5.7 acs & is loc on E side of Rt 742 (Avon St) opposite Mill Creek South.
TM90,P35X. Znd LI & EC. Scottsville Dist.
APPROVED SP-98-65 subject to the following condition.
Use shall not commence until approval of a site plan which complies with the reqtfirements of
the Zoning Ordinance and the recommendations of the ARB as stated in a letter dated February
! 9, 1999 (copy attached).
Agenda Item No. 11. SP-98-68. Brown's (Sign #44). PUBLIC HEARING on a request to
allow construction of a 24'x44' canopy to cover existing gas pumps in accord w/Sec 6.4.2 of the Zoning
Ord which allows for the expansion or enlargement of an e>dsting building or structure. TM128, P92A_
Property consists of 2.055 acs & is loc at 2724 Irish Rd (Rt 6) about 300 ft from Rt 627. Znd RA &
located in EC. (This site is not located in a designated growth area). Scottsvllle Dist.
APPROVED SP-98-68 subject to the following conditions:
Improvements shall conform with those listed on the plan approved by the ARB dated 1/27/99;
Screening to the north of the paved area behind the canopy or equivalent plantings on
McCauley property (Tax Map 128A2, Parcel 2) to the satisfaction of staff.
Agenda Item No. 12. SP-98-69. Blue Ridge Community Church (Signs #41&40). PUBLIC
HEARING on a request to amend SP-86-42 to allow construction of 4000 sq ft sanctuary bldg in the
future on the site of the former Camp Lake Saponi in accord w/Sec 10.2.2.35 of the Zoning Ord.
TM21, P32B. Property consists of 19.679 acs & is loc at the end of Lake Saponi Terrace, E of Rt 29 N
Mr. V. Wayne Cilimberg
March 19, 1999
Page 3.
near the Greene County line. Zoned RA_ (This site is not located in a designated growth area).
Rivanna Dist.
APPROVED SP-98-69 subject to the following conditions:
No building permit shall be issued without prior written approval of the septic disposal system
by the Health Department. The septic disposal system shall be designed to adequately serve a
congregation of 250 persons;
The sanctuary building shall not exceed 4,000 square feet. The actual size of the sanctuary
building shall be subject to, and may be limited by, the parking space-to-fixed seats or area of
assembly ratio applicable to churches set forth in Section 4.12.6.6.2 of the Zoning Ordinance;
The construction of the sanctuary building shall commence within five years after the date of
approval of this special use perrrdt and shall be completed within one year after construction is
commenced;
All residential uses, except for the use of one apartment unit to provide housing for a watchman,
shall be discontinued prior to the issuance of a building permit; and
This special use permit authorizes only the construction of a 4,000 square foot sanctuary and an
increase in the size of the congregation from 100 to 250 persons. Any other use including, but
not limited to, a child day care facility, shall require a separate special use permit or an
amendment of this special use permit~
Agenda Item No. 13. SP-98-72. International Center for Jefferson Studies (Sign #39).
PUBLIC HEARING on a request to allow establishment of private research library associated w/existing
residential & research facilities, in accord w/Sec 10.2.2.5 of the Zoning Ord which allows for private
schools in the IL& TM92, PI. Property contains 78.5 acs & is located on the Thomas Jefferson
Parkway (Rt 53) approxi 2-1/2 miles from its intersection vi/Scottsville Rx)ad (Rt 20 S). Znd ILK
Scottsville Dist.
APPROVED SP-98-72 subject to the following conditions:
The International Center for Jefferson Studies, including the proposed research library, shall be
operated in accordance with the Attachment to Application for Special Use Permit for The
International Center, for Jefferson Studies dated December 14, 1998 and initialed "SET
1/I 1/9%" and the letter from Michael B. Merriam dated February 2, 1999, herein included as
Attachment B;
No subdivision of the property shall occur without amendment of this special use permit;
A turn and taper lane shall be constructed from the entrance to the western property lane, in
accordance with the January 14, 1999 letter from VDOT; and
All uses associated with the International Center for Jefferson Studies shall comply with the
commercial setbacks set forth in Section 21.7 and the lighting requirernents of Section 4.17.2(a)
of the Zoning Ordinance.
Ms. Thomas expressed an interest to have as little impermeable surface added as possible. Mr.
Cilimberg said he would pass that along as part of the review by the Engineering Department~
Agenda Item No. 14. PUBLIC HEARING on an Ordinance to amend and reenact Chapter 3,
Agricultural and Forestal Districts, of The Code of The County of Albemarle, Virginia:
M~. V. Wayne Cilimberg
March 19, 1999
Page 4.
a) §3-224, Panorama Agricultural and Forestal Dist, to add 7.12 acs. TM31, P21E. LocontheE
side of Reas Ford Lane (Rt 661) near Earlysville. Znd RA. Rio Dist.
ADOPTED the attached Ordinance.
Agenda Item No. 16. Other Matters not Listed on the Agenda from the BOARD.
There were none.
Agenda Item No. 17. Adjourn to March 22, 1999, 1:00 p.m. The meeting was adjourned at
9:15 p.m.
/ewc
Attachments
cc: Larry Davis
Amelia McCulley
Bill Mawyer
Bruce Woodzell
Sharon Taylor
Jan Sprinkle
John Grady
Dan Mahon
Janice Farrar
File
RESOLUTION OF INTENT
. WHEREAS, an animal shelter is not a use currently allowed in the Zoning
Ordinance; and
XNHEREAS, the U. S. Rt. 29 Bypass project requires the relocation the existing
nonconforming animal shelter located in the County; and
WHEREAS, an animal shelter provides a community service and is an important
component of the County's animal control program; and
WHEREAS, the Board believes there is a public pm'pose to be served by providing
for the relocation of an animal shelter.
NOW, THEREFORE BE IT RESOLVED that for purposes of public necessity,
convenience, general welfare and good zoning practice, the Board of County Supervisors
hereby adopts a resolution of intent to amend the Zoning Ordinance to:
--- define "animal shelter;"
--- provide for "animal shelter" by special use permit in the C-1
Commercial, HC Highway Commercial and RA Rural Areas
zoning districts; and
--- provide supplementary regulations applicable to "animal shelter."
BE IT FURTHER RESOLVED that the Planning Commission is requested to
hold a public hearing on this resolution of intent, and to return its recommendations to
the Board at the earliest possible date.
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct
copy of a resolution of intent adopted by the Board of County Supervisors of Albemarle
County, Virginia, at a regular meeting held on March ! 7, 1999. /....---~
/ /
Clerk, Board of ~ou'nty S¢l~ervisors
DAVID R. GEHR
'I'Eh:~U4 ? ~789
COMMONWEALTH o[ VIRqlNIA
DEPARTMENT Ol; TRAI~POII~ATION
· . o. BOX 2013
CHARI.OTTES;VIU..E, 22~02.2013
ATTACHMT. NT r
A. G. TUCKER
22, 1999
Mr. Juand!e~o Wade
Dept. ol Plannin~
· 0~ McI~tire Road
Charlottesville, VA.
22902
Dear Mr. Wade:
The above refere=ce~ plan with a revision date of February 6, 1999 ~as been
reviewed. Th~ pla/% appears =O have addressed some of the comments that were
disc~ssed when we met i~ ~he field with you an~ the a~plicant. The followin~ items
will need to be ad~ed uo =he plan on Sheet #3,
1) Indicate 25' radii at bo~ entrances.
2) xndicate 12.S' distance from proper~y line to edge of southern entrance.
3) I~ica=e 1~" diame:er CMP for souther~ entrance. Approximately S0' will
be required. Due to =he minimal separation from =he Burro= proper=y, the
cuiverts will need =~ be.connected.
4) Culver= in existing center e~ra~ce to be remove~.
$} Plans should indica=e obscurin~ old pavemen= a~d restoring area by
es=ablishin~ Dress wir_h~ the riDht of way.
Pavement ~esign for new entrance will co, sis= of 8" ~2!-A, 3" BM-2 and
1 1/2" SM-2A.
7] A s~op si~ &S recommended nea~ the ~uilding a: ~he north entrance.
6) The ~lan=in~s as i~dicated on Sheet #2 appear uo block the ~roposed
uravelway in ~ront of the building.
when 'c.h.e pI~ has been reviewed to reflect =~'bese commen~s and the Planning
Department has ~rented ~inal approva~, the Department wall issue the applicant a
~ermit.
Sincerely,
J-~X/!dw
J. H. Kesterso~
Per- & Sub. Spec. Supv.
TRANSPORTATION FOR THE 21 ST CENTURY
Building Code information
(804) 296-5832
COUNTY OF ALI3EMA~I F
Department of Building Code and Zoning Services
401 Mclntire Road, Room 223
Charlottesville. V~rginia 22902..4596
FAX (804} 972-4126
TTD (804) 972-4012
ATTACHMENT E
Zoning Information
(804) 296-5875
Jannary 8, 1999
Willie Mae Perkins
607 Kelly Avenue
'Charlottesville, VA 22902
Board of Zoning Appeals Action
V. A-98-31 - Tax Map 102, Parcel 27C
Dear Ms. Perkins:
This letter is to .inform you that your variance application, VA-98-31, was heard by the
Albemarle County Board of Zoning Appeals on Tuesday, January. 5, 1999. The Board ruled
(4:1) to approve your request to reduce the front setback from 75 feet to 50 feet to allow a
freestanding canopy over two new gas pump islands and to reduce the front setback from 75 feet
to 58 feet to allow one of the two proposed gas pump islands under the canopy with the
following conditions:
Regarding the gas pump--
1. Removal of the existing canopy shall occur prior to issuance of any building permits (or
"sub-permits") related to the new gas pumps or canopy.
2. Zoning Administrator approval of additional vegetative screening as required under Section
32.7.9.8(c) between the new pump islands and the single family dwelling to the south.
3. Compliance with the maximum ligAating spillover (0.5 foot-candle) as required under Section
4.17.4(b) even if the luminaires emit less than 3000 lumens. (Our previous lighting
regulations controlled spillover from any light source regardless of the number of lumens.
Currently, the ordinance only regulates spillover if the initial lumen rating is 3000 or ~eater).
4. All light fixtures must be full cutoff luminaires.
Regarding the canopy -
5. ARB approval of the canopy materials, colors and desitin'x, such that it will not be detrimental
to adjacent properties or the character of the district.
6. This variance is for the 24' x 46' canopy sn-ucmre requested in this file only. Any addition to
the canopy, even behind the 75' setback, will require amendment to this variance.
ATTACHMENT D
COUNTY OF ALBEMARLE
Dept. o~ Plannin~ & Community Development
401 McJntire Road
Charlottesville, Virginia 22902-4596
(8O4) 296-5823
Febmarylg, 1999
Robert L. Snow
C/o Heidi H. Parker, Esq
Tremblay & Smith. LLP
? O Box 1585
Charlottesville, VA 22902-1585
ARB-F(SDP)99-04 Snow'z .... e'~mge Buildings & Yard
Tax Max 90, Parco! 25X
De,,~ MS. Parker:
The Albemarle County Architectural Review Board, at its Februau. 16, 1999 meeting, reviewed the above-
noted plan to erect four prefabricated metal buildings and m construct a contractor storage yard, with
associated landscaping and lighting and advisory review of a speci~ use permit for outdoor storage of
contmctoes materials m the Entrance Comdor. The Board recommended approval of the special use
permit ann me site plan subject to the following
2.
3.
4.
C~egr}y identify' the plandmg strip on the plan. ,~"
Continue the row of evergreens around the north comer of the site, up to the fence line, or indicate
on the plan why this is not possible. This.change may be administratively approved by staff.
Show the gates on the plarL Show the method by which they open to indicate that proposed
plantings will not interfere with the opening and closing of the gates.
Complete lighting information should be provided. Show proposed locauons of fixtures. Indicate
mounting height. Indicate illumination type of fix'tare #9607-12. Provide security light
information.
The we, stem side of the chain link fence would benefit from additional landscaping to screen its.
northern end from view along the EC. This change may be administratively approved by staff.
The applicant should note that the site plan must be modified to meet all 'ARB requirements as
indicated on the landscape plan. Changes made to the plan as a result of review by the Planning
Department and/or the Site Review Committee may require additional ARB review.
The chain link fence shall not be fitted with green slats.
Replace the P~x Crenata with a railer plant that will provide more of a visual barrier. Add
columnar evergreens to the planting islands between the buildings. This change may be
admimstrauveiy approved by staff.
Page 2
February 19, 1999
ATTACHMENT D
PAGE 2
When the required information has been submitted, a Certificate of Appropriateness may be issued. Please submit
the required information at your earlie..a convenience.
If you have any questions regarding the above-noted aaion, plea,~ do not hesitate to contact me.
Sincerely,
Ma~ga~t M. IV[ Pickan
D~ign Planner
MMMP/~cf
~a~TTACHMENT~
Attachment to
Application for Special Use Permit
for
The International Center for Jefferson Studies
December 14, 1998
Existing Use
Residential and research offices. Kenwood has been home to Monticello's International Center
for Jefferson Studies (lC. dS) since 1992 under a previous "public use" determination. Before
1992, Kenwood was a private residence.
How will the proposed special use affect adjacent property?
The proposed use would not be a change in character from the current use (see Existing Use,
above). The proposed library will involve temporary construction activity and may be visible
from some areas of adjoining properties once completed. The activity related to the ICJS would
not affect the adjoining properties in any negative way.
How will the proposed special use affect the character of the district surrounding the
property?
The district is currently a mix of residential, agricultural, and historical tourism. The
appearance of the new building and the activity related to its use would have an impact similar
to or less than the nearby winery and negligible impact relative to the tourist facilities. Its
design, restricted use, Hmited hours of operation and residential component would make it
compatible with the adjoining residential property.
How is the use in harmony with the purpose and intent of the Zoning Ordinance?
The Zoning Ordinance allows for academic institutions in 'rural areas under its "private school"
designation. The [CJS is a residential research and teaching program that blends in well with
the quiet, rural environment. This use is consistent with the intent of the Ordinance which is
designed, in part, to promote and protect the rural character of the District.
How is the use in harmony with the uses permitted by right in the district?
The/CdS was a "by right" use until a recent change of ownership (from the University to the
University Real Estate Foundation (UREF)). Other "by right" uses in the immediate vicinity,
not including residential and land in cultivation, are a winery, a cemetery and state hospital
complex. In addition, there is a historic tavern/restaurant/general store operating under a
special use permit. The ICJS, with its proposed Hbrary, would be more in harmony with the
residential character of the district than any of these activities because of its limited traffic and
quiet activity.
~ /~ - ~SP 98-72, The International Center
,...,~. ~:.,.,-, 1-'--~. ~.~_
., ,~ :'~~-'~ . ~
~.~.~.~ ~ ~ ~.
- ~I '.
~ ~ ~ ...
~ ~'~ , ~ , ~. ..
NTA
J
page 2
Attachment to Application for Special Use Permit
The International Center for Jefferson Studies
How will this use promote the public health, safety, and general welfare of the community?
The lC, IS use of Kenwood contributes to the general welfare of the community by providing
gainful employment without placing additional demands on community resources. It also
enhances the County's reputation as a center for scholarly pursuits and activities - particularly
those related to our nation's history.
Describe your request in detail and include all pertinent information such as numbers of
persons involved in the use, operating hours, and any unique features of the use:
The International Center for Jefferson Studies is a program of the Thomas Jefferson Memorial
Foundation (TJMF), developed in cooperation with the University of Virginia. to foster Jefferson
scholarship. The ICJS oversees three existing TJMF departments - Research,. Education and
Archaeology - which are located at other sites. Kenwood has provided a temporary residence
for individual Jefferson scholars and teachers and a venue for related lectures, seminars,
conferences and educational programs. This program is made possible by the University's
contribution ora long-term lease on the Kenwood property. Kenwood's proximity to
Monticello, its existing facilities and its .ability ro accommodate a research library are critical to
the success of the program. Y~tthout Kenwood, the ICJS would not t~cist!
The existing 7, 400 square foot house will continue to house the offices of the ICJS, as well as
host seminars in its parlor. The house has room for nine offices' only four of which would be
used by IC, IS staff The others would be available for temporary offices for visiting scholars,
interns, and TJMF staff There are two other structures currently on the property: a two-
bedroom cottage and a one-bedroom apartment above a garage.. They would still be used to
house visiting scholars and interns. Though the facilities described above could accommodate
as many as a dozen individuals, we anticipate that no more than nine people would be using
them at any one time.
This special use permit application includes a request for approval of the construction of a new
research library. The building will be designed to accommodate projected growth in our
collection of research materials and in the number of scholars and staff doing work on Jefferson
and his times. As the only new buiIding planned for Kenwood, the library is intended to be a
complimenting addition to the existing structures. It will be positioned on a grade which slopes
downward from the house site itself so that only one of its two stories will be visible from the
house. It also wilt have wall facings of white painted brick and roofing of slate shingles like
those which unify the other buildings on site. Furthermore, the library is proportioned in plan -
and will be scaled in elevation - to "Hve" quietly beside the' house. Though available to all
serious Jefferson scholars, this would not be a public library; access to it will be by advance
arrangement and the hours of operation will be limited (typically 8AM to 6PM, Mon-Fri). It
would include office space for up to twenty persons. This includes research staff(5), library
staff (5), and a new editorial staff for the Jefferson papers (!0). These are long-range,
maximum staffing projections; start-up staffing for the library and Jefferson papers project
would be closer to twelve persons.
page 3
Attachment to Application for Special Use Permit
The International Center for Jefferson Studies
Kenwood has long been used for public gatherings. The house, 'built by General Edwin "Pa"
Watson and his wife, Francis Nash Watson, an acclaimed concert pianist, was used for meetings
of a musical society and for piano recitals. Ms. Ellen "Enie " Nash, a former County supervisor
and lifelong resident of Kenwood, regularly hosted large gatherings of the local Democratic
Party. Since 1992 the ICJS has hosted several conferences and dozens of lectures on subjects
related to Jefferson and his times, attended by as many as sixty-five scholars. Monticello has
used Kenwood as a venue for related receptions and gatherings including a company picnic
attended by more than two hundred employees. The site can easily accommodate parking for
large groups in the surroundingfields, and we know of no negative reaction to these occasional
uses from the neighbors. The lease between the University Real Estate Foundation and TJMF
clearly limits the use of Kenwood to "educational purposes consistent with the residential setting
of the Leased Premises" (see Agreement of Lease, article F. 4. c).
MONTICELLO
February2,1999
RECEIVED
FEB (J ;' ,"
Planning Dept.
Ms. Susan Thomas, Planner
Departmem of Planning and Community Development
County of Albemarle
401 Mclntire Road - Room 218
.Charlottesville, Virginia 22902
MICHAEL B. MERRIAM
Director of Facillties Planning and Construction
Dear Ms. Thomas:
I am writing in response to our recent conversation about the-size, fi.equency and logistics
of special group events anticipated for Monticello's International Center for Jefferson Studies
(ICJS) at Kenwood. As you will see fi.om the descriptions below, these events are extremely
limited and are consistent with past and current levels of activity.
The ICJS program includes occasional conferences and lectures on topics related to
Thomas Jefferson. As there is no lecture hall or auditorium planned for the. new library, these
gatherings are limited by the size of the existing parlor at Kenwood to groups of less than sixty;
Such lectures'could take place as often as once a month, as they have over the past four or five
years. There will be times when Monticello will want to use Kenwood as a venue for special
events such as a reception or a staff picnic. Events involving over sixty people would not take
place more than' four times in a year nor be attended by more than 250 people.
Kenwood has been host to many of these.larger events both during the decades when Miss
Ellen Nash was in residence and during the more recent occupancy by Monticello. Traditionally,
guests have parked in the field along the entrance drive. 'l~hough field parking has been safe and
non-intrusive, there is ample additional parking on the grounds of Monticello if conditions
warrant. In that case, we would make arrangements for transportation of guests 'between
Monticello 'and Kenwood. The library construction plans call for parking lots that will
accommodate up to fifty-four vehicles and will allow for safe maneuvering of buses.
I hope this provides you with all the information you need for your report. If there is
anything else that I can do to help, please do not hesitate to ask.
CC;
Dan Jordan
Ann Taylor
Sincerely,
THOMAS JEFFERSON MEMORIAL FOUNDATION, INC.
POST OFFICE BOX 316
CHARLOTTESVILLE, VIRGINIa Z29OZ
PHONE 80,t 98,*.9898 FA,'( 8O4 977'7757
htt~://www, monficello.or§
J ATTACHIVrENT C
Albemarle County Development Departments
SPIN Submission and Comments
S P-1998-072
The International Center for Jefferson
Studies
ZonJl~g sP98-72 revision I
reviewer received
Jan Sprinkle 12/21/98
reviewed decision
Please consider a condition of approval requiring this commercial use in the RA to comply with the
commercial setbacks of Section 21.7. This will insure that all future additions will have a minimal effect
on the surrounding PA, properties. (Although everything they are proposing now complies, if a future site
plan amendment did not comply, we would have no authority to apply any more stringent setbacks than
any residential use would require.)
The by-right residential use would currently allow only 8 dwelling units on this 78-acre parcel. The private
school use can b'e added in addition to that by-right, or the special use permit can be conditioned to
replace part or all of the by-right uses. Please consider this in your report and suggest to the PC and
BOS any and all by-right uses that should remain with the SP or enumerate/articulate any that should be
removed.
Please add a condition requiring compliance with the lighting ordinance under Sect. ion 4.17.2(a)..
1/20/99 03:17 PM Page 1 of 1
ACTIONS
Board of Supervisors Meeting of February March 17, 1999
March 19, 1999
AGENDA ITEM/ACTION
Call to Order.
Other Matters not Listed on the Agenda from the
Public.
ICristen Rembold provided an update on the string
orchestra initiative.
Appropriation: Medicaid Unit at UVA Hosptial,
$15,430 (Form #98063). Approved.
Appropriation: Social Services, $15,115 (Form
#98064). Approved.
Resolution of Intent to amend Zoning Ordinance
to provide for continuation of animal shelters.
Adopted.
National Professional Social Work Month
Proclamation. Adopted and Chairman presented to
Kathy Ralston.
Request to establish central sewage and well
system at Cooper Industries Facility. Approved
with conditions.
Request by City of Charlottesville that County
grant City permanent natural gas line easement.
Deferred until April 14, 1999.
SP-97-51, U S Cellular (Goodlow Mountain)
(Signs #87&99). Deferred for 60 days for additional
information
SP-98-57. Vintage Market (Sign #56). Approved
subject to six conditions.
SP-98-65. Snow's Business Park (Sign #91).
Approved subject to one condition.
SP-98-68. Brown's (Sign #44). Approved subject
to two conditions.
SP-98-69. Blue Ride Community Church (Signs
#40&41). Approved subject to five conditions.
SP-98-72. International Center for Jefferson
Studies (Sign #39). Approved subject to four
conditions.
Panorama Agricultural and Forestal District
Ordinance. Adopted Ordinance.
Other Matters not Listed on the Agenda.
There were none.
ASSIGNMENT
Meeting was called to Order at 7:04 p.m., by the
Vice-Chairman, Ms. Thomas. (All Board members
were present.)
Clerk: Send letter acknowledging her appearance
before the Board.
Clerk: Forward to Melvin Breeden and copy
appropriate persons.
Cleric Forward to Melvin Breeden and copy
appropriate persons.
Cleric Forward in Planning's action letter and copy
Zoning.
None.
Cleric Forward in Planning's action letter and
memo to Engineering.
Cleric Forward in Planning's action letter. Add to
April 14, 1999 agenda.
Clerk: Forward in Planning's action letter and copy
appropriate persons.
Cleric Forward in Planning's
appropriate persons., ,
Cleric Forward in Planning's
appropriate persons.
Clerk: Forward in Planning's
appropriate persons.
Cleric Forward in Planning's
appropriate persons.
Clerk: Forward in Planning's
appropriate persons.
action letter and copy
action letter and copy
action letter and copy
action letter and copy
action letter and copy
Cleric Forward in Planning's action letter and
memo to County Attomey's office.
County Attorney's Office: Include in next update
of County Code.
COUNTY 0~' ALBEMARLF.
MEMORANDUM
~FO: Melvin A. Breeden, Director of Finance
~1.
FROM: Ella W. Carey, CMC, Cle~
DATE: March 19, 1999
RE: Board Actions of March 17, 1999
At its meeting on March 17, 1999, the Board of Supervisors approved the following
appropriation requests:
Item No. 5.1. Appropriation: Medicaid Unit at UVA Hospital, $15,430 (Form #98063).
Item No. 5.2. Appropriation: Social Services, $15,115 (Form #98064).
Attached are the signed forms.
/ewc
Attachments
Richard E. Huff, II
Roxanne W. White
Robert Walters
Kathy Ralston
:lJ.¥O
SMOSIAMBdRS dO
:S~¥AOMSdV
S~I~::ISNV'd/
00'~ I, I.'~ 1,$ -IV.LO/
00'00~'~ J.N:4INcIIRbD clay 00Z00g ZI. 0Sg 0001, J.
00'000'Z Sa~ln±×l-I '~ a~nJ. iN~lnd oozoo8 zl. otg 000~ ~
00'1~1. I. SDl'lddnS AdO0 00ZI, 09 El. 0gg 0001. I.
00'gl, 1, S=ll-lddnS =IOM-IO 001,009 ~l, 0gg 0001, I,
00'000' I, N OI...L¥O n Q3-'I::IAV~LL 00'l,0gg ~l, 0sg 0001, I,
00'0g~' SONIOqln8 J.N~a/~SV-~q 00E01~g ~l, 0gg 000~ ~
00'EOE SNOI/VOINn~J~OO~q~/ 00SOED E~0g~ 000~ L
00'0~ ~OV/SOd 00~0Zg E~0gg 000~ L
00'gt~ 'd~NOO S,~J~>~O/V% 0000Z~ Z~0gg 000~ ~
00'g~ ~ON%"dnSNI ']¥/N~Q 000ESE E~0$g 000~ ~
00'~9 ~ONV'dnSNI HJ.']V-~H 000~gZ E~0g~ 000~ L
00'g9Z S~JA 000~ZZ E~0gg 000~ ~
00'g~g VOId 0000~ Z~0sg 000~ t
00' ~g'9 $ S~I~VqVS 0000~ ~ [~0~ 000~ ~
J. NnOl~V NOI/dl~{OS:lC]
:IMn.LIC]N::IdX--J
::lC]OD
'MBND~%:IOS A. LI"IIGI~DI'I~ MOINSIS MO::I ONIQNn:I
:NOI.LVIMdO~dclV 40 aSodand
9V'd3N39
:aNna
X
ON
$~A
X
NLqN
~3~SN~I
-IYNOIJ. IQQ¥
:NOl.LVl~dO~dclW ::JO :Id,k/.
1~9086
66/96 :~l~f'-JA 9¥OS1_-I
.LS':IFIO:I~ NOll¥1MdO~ldd¥
=I~InlVNgI$
S~IOSIA'~:I=Idi"IS 40 a~lVO8
=IONYNI-I .40 MO.LO'q~IQ
:$'lYAO~ldd¥
O0'Ogt'g I,$ 3V/O/
O0"J, 9 'd~O0 $,~:::I)'I~OM 0000/.~ gl, OgCj 0001, I.
O0'Z.g =iON'~:tf%SNI "I¥/N:::IQ O00~g~ gl. Ogg 0001. 1.
O0'g~'l. =IC)N~%:IrISNI HI'TV=IH 0001,~ gl. Ogg 0001, I,
00'0gg' I, $~A 000 I,~ g 1,0gg 000 I, I,
00'906 VOIJ 0000 I,[
O0'Ogg' I, I. $ S=II~V-IVS 0000 I, 1. g I, Ogg 0001. I.
J. NAOINV NOIJ. dI~OS=IC] =iaoo
::lal"l.l. laNadX'~
'S~I:I~I~OM A.L.I-IIIBIgI'I:i alVOIC]:i~ MO..-I 9NIC]NFL.-I
:NOI/VlMdOUdd¥ 40 '~SodMrld
-IV'd=IN'~9 :CINf'IJ
ON
/V~N
9¥NOI/laa¥
:NOIJ.VlMdOMdd¥ dO =ldA. I.
g9096 ~t38~r'lN 66/86 :~JV'--JA "IVOSI_-I
/S=IriID3~ NOI.L¥1~dO~dd¥
COUNTY OF ALBEMARLE
EXECUTIVE S U M MARY
AGENDA TITLE:
Appropriation - Medicaid Unit at UVA Hospital
SU BJ ECT/PROPOSALIREQU EST:
Request approval of Appropriation #98063 in the amount of
$15,430 to hire two additional eligibility workers for the UVA
Medicaid program.
STAFF CONTACT(S):
Tucker, White, Breeden, Ralston
AGENDA DATE:
March 17, 1999
ACTION:
CONSENT AGENDA:
ACTION: X
ATTACHMENTS:
REVIEWED BY:
ITEM NUMBER:
INFORMATION:
INFORMATION:
Yes
BACKGROUND:
In 1989, the department entered into an agreement with The Department of Medical Assistance Services, the University
of Virginia Hospital (UVAH) and the Virginia Department of Social Services to manage a separate Medicaid unit at the
hospital. The original concept was to determine Medicaid eligibility for inpatient clients at UVAH. The hospital would like
to add two additional eligibility staff at this time to provide more coverage in the Emergency Room and more outpatient
clinics.
DISCUSSION:
Since 1989, the unit has added eligibility services to OBGYN, Teen Health Center and Dialysis, and Pediatrics outpatient
clinics in addition to inpatient clients. These services provide Medicaid revenue to the hospital that would largely be
unavailable due to poor follow-through by patients after they leave the hospital. The concept was to coordinate with the
Admissions Office to ensure that applications could be taken and approved prior to the patient leaving the hospital. The
model has worked so well that the hospital would like to expand to more outpatient clinics. UVAH pays the local and state
match for the positions and the federal government supplies the remainder. Additionally, UVAH supplies space, most office
supplies, office equipment, training reimbursement, etc. The only cost to the county is a 20% match for liability insurance
for staff and forms (estimated at $50 or 20% of $250 for a year). Salary and fringe benefits for the remainder of the fiscal
year for two additional staff are $15,430 based on a hire date of April 1, 1999.
RECOMMENDATION:
Staff recommends approval of Appropriation #98063 in the amount of $15,430 for two additional eligibility worker positions
at the UVA Medicaid Unit. The positions require no additional local dollars and are funded 50% with federal dollars and 50%
with state dollars. Liability insurance and forms will be absorbed within the current budget for FY 1999.
99.047
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Appropriation - Social Services
SU BJ ECT/PROPOSALIREQU EST:
Request approval of Appropriation #98064 in the amount of
$15,115 to partially fund an Eligibility Screener position in the
Department of Social Services
STAFF CONTACT(S):
Tucker, White, Breeden, Ralston
AGENDA DATE:
March 17, 1999
ITEM NUMBER:
IN FORMATION:
IN FORMATION:
ACTION:
CONSENT AGENDA:
ACTION: X
ATTACHMENTS: Yes
BACKGROUND:
Title XXI of the Social Security Act, created by the Balanced Budget Act of 1997, established the State Children's Health
Insurance Program (SCHIP) to address the problem of lack of health insurance for children across the United States.
SCHIP provided funds to states to expand health insurance coverage to uninsured, Iow-income children. In 1998 the
Virginia General Assembly authorized the creation and funding of its version of SCHIP, the Virginia Children's Medical
Security Insurance Plan (CMSIP) which was approved by the Health Care Financing Administration in October 1998.
Although CMSIP ~s separate from Medicaid, the two programs are related in that both are administered by the Department
of Medical Assistance Services but eligibility and enrollment are managed by the Department of Social Services. Health
care services for CMSIP are provided through the same managed care systems and provider networks, depending on
the locality, established for Medicaid. Children enrolled in CMSIP receive all the health services provided to Medicaid
recipients, plus additional benefits for substance abuse treatment. The state provided some funds to localities to assist
with program eligibility determination.
DISCUSSION:
The state has provided $15,115 to Albemarle to support the implementation of this program at the local level. Although the
state has not provided caseload estimates for each locality, a locally developed impact model estimates a potential 797
eligible recipients based on Albemarle's population and the total uninsured children statewide, a figure determined by the
Virginia Health Care Foundation. Although program start-up has been slow, the state recently began a public education
campaign and it is anticipated that applications will start to increase shortly.
State CMSIP funds may be used to assist the locality in paying for staff to determine eligibility for CMSIP and to help manage
the caseload. Staff has determined that the most effective use of these additional state monies will be to help fund an
eligibility screener position that will help screen CMSlP applications, as well as help screen applicants for all eligibility
programs before they reach the actual application process. Other freed up funds from federal VIEW dollars will be used to
support the remainder of the position costs for the rest of the current year and into the next fiscal year.
RECOMMENDATION:
Staff recommends approval of Appropriation #98064 in the amount of $15,115 to hire an eligibility screener position for the
Department of Social Services to be offset by the CMSIP funding and other federal funds. There are no additional local funds
required for this position.
99.048 _ _ .: - _ - ~ ,
· COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Request to Amend Zoning Ordinance
SUBJECT/PROPOSAL/REQUEST:
This is a request for the Board of Supervisors to initiate a
zoning text amendment to provide for continuation of the
Albemarle SPCA.
STAFF CONTACT(S):
Messrs. Tucker, Huff, Cilimberg
AGENDA DATE:
March 17, 1999
ITEM NUMBER:
ACTION: IN FORMATION:
CONSENT AGENDA:
ACTION: X INFORMATION:
ATTACHMENTS: Yes (4)
REVIEWED BY:
BACKGROUND:
Mr. Bowerman has requested staff to prepare a resolution of intent for Board consideration, which would initiate a zoning text
amendment to allow for the relocation of the SPCA. The Albemarle SPCA. Inc. which serves the City and County is situated
on 9.1 acres between Berkmar Drive Extended and Woodburn Road with current access to Woodburn Road. Construction
of the Rte. 29 By-Pass would take some of the existing building development (Attachment A). The SPCA proposes to
reconstruct on the remainder of the parcel and take access from Berkmar Drive Extended.
DISCUSSION:
Staff has approached this issue from the following co ntext:
'1. This would first be an amendment to the Zoning Ordinance, which would permit animal shelters by special use permit.
"Animal Shelter" is defined by the Code of Virginia and staff believes the use of this definition would be very limited
(Attachment B). Generally, staff does not favor 'tailored' amendments intended to serve the needs of a particular applicant,
however, staff does believe that certain uses demanded ~y the public require special attention.
There is a public purpose to be served by providing for continuation of the SPCA. The County contacts with the SPCA
to accommodate animals brought in by the Albemarle County Animal Control Officer (The telephone directory lists the
SPCA under Albemarle County). Staff believes that the general public would assume that any community would welcome
the services of a SPCA, although endorsement of actual location is a separate consideration.
The most similar use currently allowed in the Zoning Ordinance is "commercial kennel" allowed by special use permit within
the RA Rural Areas district and the HC Highway Commercial district. In both cases the use is subject to supplementary
regulations (Attachment C). Staff would recommend that "Animal Shelter" would be a logical addition to these current uses.
Staff would also suggest that the supplementary regulations be reviewed for currency, especially as to issues of permitted
noise levels.
A review of the specifics of the SPCA proposal has been made at this time. As with any other zoning text amendment
associated with a specific development proposal, staff would recommend that the amendment and specific case be viewed
independently.
RECOMMENDATION:
Staff recommends that an SPCA or similar organization as defined by the Code of Virginia as an "animal shelter" is an
important element to any community similar to fire/rescue squads, churches, day care centers and other uses which may not
be "public uses," but provide for the moral, educational, and other demands of the general public. Staff has prepared a
resolution of intent to amend the Zoning Ordinance to provide for such uses in appropriate zoning districts.
99.045
RESOLUTION OF INTENT
WHEREAS, an animal shelter is r~ot a use currently allowed in the Zoning Ordinance; and
WHEREAS, the U.S. Rte. 29 Bypass project requires the relocation the existing nonconforming animal shelter located in the
County; and
WHEREAS, an animal shelter provides a community service and is an important component of the County's animal control
program; and
WHEREAS, the Board believes there is a public purpose to be served by providing for the reloCation of an animal shelter.
NOW, THEREFORE BE IT RESOLVED that for purposes of public necessity, convenience, general welfare and good zoning
practice, the Board of County Supervisors hereby adopts a resolution of intent to amend the Zoning Ordinance to:
--- define "animal shelter;"
--- provide for "animal shelter" by special use permit in the C-1 Commercial, HC Highway Commercial
and RA Rural Areas zoning districts; and
--- provide supplementary regulations applicable to "animal shelter."
BE IT FURTHER RESOLVED that the Planning Commission is requested to hold a public hearing on this resolution of intent,
and to return its recommendations to the Board at the earliest possible date.
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a resolution of intent adopted by
the Board of County Supervisors of Albemarle County, Virginia, at a regular meeting held on March 17, 1999.
Clerk, Board of County Supervisors
Attachment B
Definition of"Animal Shelter" from Section 3.1-796.66 of the Code of Virginia:
"Animal shelter" means a facility which is used to house or contain animals and which is owned,
operated, or maintained by a duly incorporated humane society, animal welfare society, society
for prevention of cmelty to animals, animal rescue group, or any other organization devoted to
the welfare, protection, and humane treatment of animals.
Attachment C
5.1.11 COMMERCIAL KENNEL, VETERINARY, ANIMAL HOSPITAL
Except where animals are confincd in soundproofed, air-conditioned buildings, no stmcun'~ or area occupied
by animals shall be closer than five hundred (500) feet to any agricultural or residential lot line. For non-
soundproofed animal c, onfucments, an external solid fence not tess than six (6) feet in height shall be located
within fifty (50) f~et of the animal confinement and shall be composed of concrem block, brick, or other
material approved by the zoning administrator; (Amended 11- t 5-89)
For soundproofed confinements, no such structure shall be located closer than two hundred (200) feet to any
agricultta'al or residential lot line. For soundproofed confinements, noise measured at the nearest agricultural
or residential property line shall not exceed forty (40) decibels; (Amended 11-15-89)
ha all cases, animals shall be confined in an enclosed building from 10:00 p.m. to 6:00 a.m. Noise measured
at the nearest agricultural or residential property line shall not exceed forty (40) decibels; (Amended 1 t-15-
89)
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 requ/re 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 I I - 15-
89)
Attachment D
5.1.27 TEMPORARY EVENTS SPONSORED BY LOCAL NONPROFIT ORGANIZATIONS
This provision is intended to regulate for purposes of public health, safety and welfare, major events such as
agricultural expositions, concerts, craft fairs, and similar activities which generally: attract large numbers of
patrons; may be disruptive of the area; and occasion the need for planning in regard to traffic control, emergency
vehicular access, health concerns and the like. The provision is not intended to regulate such minor events as
church bazaars, yard sales, bake sales, car washes, picnics and the like which generally are not disruptive of the
area and require only minimal logistical planning; nor is it intended to permit permanent amusement facilities.
Each such event shall be sponsored by one or more not-for-profit organizations operating primarily in the county
and/or the city of Charlottesville.
No event shall extend for a period longer than that provided by the board of supervisors in the conditions of the
special use perrmt. A separate special use permit shall be required for each event.
Special use permits may be issued by the board of supervisors pursuant to this section, upon finding:
a. That the public roads serving the site are adequate to accommodate the traffic which would be expected to be
generated by such event;
That the character of such use will be in harmony with the public health, safety and welfare, and uses permitted
by fight in the district and will not be of substantial detriment to adjacent property in terms of smoke, dust,
noise, hours of operation, artificial lighting or other specific identifiable conditions which may be deleterious
to the existing uses of such property.
Except as the board of supervisors may expressly add or delete conditions in a particular case, each such permit
shall be subject to the following conditions:
a. A prelkninary plan showing access, parking, vehicular and pedestrian circulation, and method of separation
of the same shall be approved by the director of planning;
b. Such organ/zation shall have made adequate arrangements with the county sheritf, fire and rescue squads, and
the local office ofthe Virginia Department of Health for the conduct of such event;
Adequate arrangements have been made for the removal of trash and debris, reseeding and general restoration
of the site following the event. The board of supervisors may establish and require the posting of a bond in
an amount deemed by the zoning administrator to be sufficient for such purpose. (Added 7-7-82)
National Professional Social Work Month
March, 1999
the National Association of Social Workers (NASW) initiated National Professional
Social Work Month in 1962 as a time to honor social }vorkers and raise the public's
a}vareness of the critical and often unappreciated and overlooked contribution they make
both to individuals and families and to the }vell-being of the entire community; and
WI-IEREAS, each year in March the National Association of Social Workers actively promotes this
month by educating the public on pressing social issues; and
Wt~.RF2tS,
Albemarle Counfy citizens are ~vell-served by the professional and compassionate services
of the counfy social ~vorkers that ~vork on their behalf eve?y day to increase self-sufficiency
and promote human digni~y; and
WHEREAS, courtly social ~vorkers are dedicated to helping people help themsdves for the overall
betterment of all local residents; and
county social workers specifically ~vithin the social services department are often called
upon to deal }vith dangerous and highly complex situations involving the lives of families;
NOW, THEREFOr, BE IT RESOLVED, that L Charles S. Martin, Chairman, on behalf of the
Albemarle Board of County Supervisors, do hereby commend and offer sincere
appreciation to all social r~orkers in Albemarle County for a }ob reell done and recognize
the month of
MARCH, 1999
As
National Professional Social Work Month
and call upon all County residents to join in acknowledging their public service and
contributions on this 17th day of March, 1999.
CHARLES S. MARTIN, CHAIRMAN
ALBEMARLE BOARD OF COUNTY SUPER VISORS
BOARD OF SUPERVISORS
James S. Gilmore, III
Governor
John Paul Woodley, Jr.
Secretary of Natural Resources
COMMONWEALTH o[ VIRQINIA
D EPAR TMENT OF ENVIRONMENTAL QUALITY
Valley Regional Office
Street address: 4411 Early Road, Harrisonburg, Virginia 22801
Mailing address: P.O. Box 1129, Harrisonburg, VA 22801-1129
Telephone (540) 574-7800 Fax (540) 574-7878
http://www.deq.state.va.us
Dennis H. Treacy
Director
R. Bradley Chewning, P.E.
Valley Regional Director
March 1, 1999
Mr. Charles Martin, Chairman
Albemarle County Board of Supervisors
County Office Building
401 Mclntire Road
Charlottesville, VA 22901
Re: Reissuance of VPDES Permit No. VA0025470, Scottsville STP
Dear Mr. Martin:
In accordance with the Code of Virginia, Section 62.1-44.15:01, I am enclosing a copy of
a public notice regarding the referenced proposed permit action. If you have any questions
regarding this proposed permit, please give me a call at (540)574-7800.
Sincerely,
Louise Finger
Environmental Engineer
Enclosure
cc: Permit ProcesSing File
PUBLIC NOTICE
REISSUANCE OF A VPDES PERMIT TO DISCHARGE TO STATE WATERS AND STATE
CERTIFICATION UNDER THE STATE WATER CONTROL LAW
First Public Notice Issue Date: (to be supplied by newspaper)
The State Water Control Board has under consideration reissuance of
the following Permit and State Certificate:
Permit No.: VA0025470
Name of Permittee: Rivanna Water and Sewer Authority
Facility Name: Scottsville STP
Facility Location: State Rte. 1303, Scottsville
Permittee Address: P.O. Box 18, Charlottesville, VA 22902
Discharge Description: Existing Municipal discharge; Flow: 0.200
MGD; Total Outfalls: 1.
Receiving Stream: James River; Stream Mile: 189.54; Basin: James
(Middle); Subbasin: N/A; Section: 10; Class: III; Special
Standards: None.
This proposed reissuance is tentative and consists of limiting the
following parameters: pH 6.0 s.u. min., 9.0 s.u. max.; BODs 45
mg/1 max.; Suspended Solids 45 mg/1 max.; Chlorine 4.0 mg/1 max.
Digested sludge is transported to Moores Creek STP located in
Charlottesville, VA for treatment.
On the basis of preliminary review and application of lawful
standards and regulations, the State Water Control Board proposes
to reissue the permit subject to certain conditions. This permit
will maintain the Water Quality Standards adopted by the Board.
Persons may comment in writing to the Department of Environmental
Quality on the proposed permit action within 30 days from the date
of the first notice. Comments shall include the name, address, and
telephone number of the writer, and shall contain a complete,
concise statement of the factual basis for the comments. Only
those comments received within this period will be considered. The
DEQ Director may decide to hold a public hearing if public response
is significant. Requests for public hearings shall state the
reason why a hearing is requested, the nature of the issues
proposed to be raised in the public hearing, and a brief
explanation of how the requester's interests would be directly and
adversely affected by the proposed permit action.
Ail pertinent information is on file and may be inspected, and
arrangements made for copying by contacting Louise Finger at:
(Public Notice Continued o Page 2)
(Permit No. VA0025470)
Department of Environmental Quality
Valley Regional Office
4411 Early Road
P.O. Box 1129
Harrisonburg, Virginia 22801
Telephone No. (540) 574-7800
Following the comment period, the Director will make a
determination regardin~ the proposed reissuance. This
determination will become effective unless the Director grants a
public hearing. Due notice of any public hearing will be given.
COUNTY OF ALBEMARLE
TO:
FROM:
DATE:
RE:
Bill Mawyer, Director
Engineering and Public Works
Ella W. Carey, Clerk, C /'
March 23, 1999
Board Actions of March 17, 1999
At its meeting on March 17, 1999, the Board of Supervisors approved a request to establish
a central sewage and well system at Cooper Industries subject to the following condition:
Approval is for the proposed septic system capacity of 120 users per day, as designed by the
Health Department. Future expansions must be re-approved by the Board.
/ewe
CC:
David Hirschman
Steve Bowler
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Foster Central Sewage and Well System
SUBJECT/PROPOSAL/REQUEST:
Approve central sewage and well system for Cooper
Electric property reuse.
STAFF CONTACT(S):
Messrs. Tucker, Kelsey, Bowler, Hirschman
AGENDA DATE'
March 17, 1999
ACTION: X
CONSENTAGENDA:
ACTION:
ITEM NUMBER:
INFORMATION:
IN FORMATION:
ATTACHMENTS: Yes
REVIEWED BY: '~-'-'--
DISCUSSION:
The applicant is in the process of purchasing the Cooper Industries Facility. He plans to convert the facility to a warehouse,
Doctors' office, and leased commercial (warehouse) facility. He wishes to replace an existing sewage treatment plant with a
septic system better suited to the new facility and have it approved as a central sewage system. Additionally, he wishes to
continue use of the existing well system and have it approved as a central water system.
Previously, the Cooper Industrial Facility treated sanitary sewage from up to 950 employees via an onsite treatment plant
capable of processing 25,000 gallons per day. The treatment unit is estimated to be 32 years old. The new facility would have
far fewer employees than the Cooper facility. The septic system is sized for use by up to 120 people per day (including
warehouse and Doctors' office employees and some visitors). Mr. William (Jeff) Loth of the Thomas Jefferson Health district
has reported that conditions at the site are good for a septic system. Mr. Loth has approved the necessary septic permit and
provided a plan for treatment of approximately 1,200 gallons per day.
The facility is located near Eadysville and in the watershed of the South Fork Rivanna Reservoir. Previously, the treated effluent
drained directly to the reservoir via a ditch. Attempting to process 1,200 gallons per day in the oversized 32-year-old treatment
plant could be ineffective from a pollution treatment perspective and inefficient from a cost perspective. An effective and well-
maintained septic system of this scale is likely to provide better protection for the reservoir than the existing plant.
Concerning the facility's water supply, the applicant wishes to use two existing wells. Mr. Jim Moore of the State Health
Department is working with the applicant on a permit to begin using the wells again. Mr. Moore reports that the wells provide
a good water supply.
It is worth noting that due to a leaking underground storage tank that was detected under previous ownership, the state
Department of Environmental Quality enforces a consent order for groundwater treatment, recovery, and monitoring on the
site, and has been doing so for over 10 years. This treatment system is not part of the central sewage or water system that
is the subject of this request. By agreement with the applicant, the former site owner, Cooper Industries, must maintain the
"pump and treat" system under DEQ regulations.
A review for compliance with the Comprehensive Plan was required because the new sewage system will be technologically
different from the former package treatment plant and because both the water and sewer systems will now serve three or more
users. On March 2"d, the P!anning Commission unanimously agreed that the proposal was consistent with the Comprehensive
plan with the condition that "the existing wastewater plant will no longer be in service after the septic field becomes operable."
AGENDA TITLE:
Foster Central Sewage and Well System
March 17, 1999
Page 2
Also, because there are three connections for both water supply and sewage removal, approval of the central water and central
sewage systems by the Board of Supervisors is required under chapter 16 of the Albemarle Code.
RECOMMENDATION:
Approve the central sewage system and central water system for the former Cooper Industries Facility with the following
conditions:
1. Approval is for the proposed septic system capacity of 120 users per day, as designed by the Health Department. Future
expansions must be re-approved by the Board.
99.021
2885 ~ Road
,VA Zam
Febmmy 2, 1909
ELLA CAREY, CLERK
BOARD OF SUPERVISORS
401 MCINTIRE ROAD
CHARLOTTESVILLE VA 22902-4596
RE: Gooper Inclu~r~Fao~
~, VA 22930
Dear Ms. Oarey:
We are in the process of pmdmsinglhe Cooper Industriespmpe~'localed on Route 660 in
Donald W & Deborah C Foster
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mclntire Road
Charlottesville, Virginia 22902-4,596
(804) 296-5823
March 8, 1999
Donnie Foster
Foster Well & Pump Company, Inc
2705 Dobleann Drive
Charlottesville, VA 22901
RE: Foster/Cooper Industries Central Septic & Well System
Tax Map 31, Parcel 21A
Dear Mr. Foster:
The Albemarle County Planning Commission, at its meeting on March 2, 1999,
unanimously found the above-noted proposal to establish a central septic and well system
to serve the old Cooper Industries site consistent with the Comprehensive Plan. Please
note that this is subject to the following condition:
1. The existing wastewater plant will no longer be in service after the septic field
becomes operable.
If you have any questions, please do not hesitate to contact me.
Sincerely,
David B. Benish
Chief of Community Development
DBB/jcf
Cc: David Hirschman
Ella Carey
STAFF PERSON:
PLANNING COMMISSION:
DAVID BENISH
MARCH 2, 1999
Review of Compliance with the Comprehensive Plan (Virginia Code 15.2 -
2232 Revi,,ew) - Foster Central Sewage and Well System at former Cooper
Industries Site in Earlysville
Location:
The site is located on the east side of Route 660, approximately one mile south of the intersection
of Route 660 and Route 743. The 27.6 acre property is described as Tax Map 31, Parcel 2lA
and is located in the Rio Magisterial District (Attachment A). The site is zoned LI, Light
Industrial and is recommended as Rural Area in the Comprehensive Plan. The site is located
within the South Fork Rivanna River watersupply watershed.
Proposal:
As per Section 15.2 - 2232 of the Code of Virginia, The Planning Commission must review for
compliance with the Comprehensive Plan a proposal to install a central sewage system and water
system intended to serve new uses within the old Cooper Industries plant and administrative
offices. The applicant wishes to replace the existing package treatment plant with a septic
system and continue the use of the existing well system and have it approved as a central system.
Compliance with the Comprehensive Plan Review is required because the new sewage system is
technologically different from the existing package treatment plant and because both water and
sewer systems will now serve three or more users. The applicant plans to convert the facility to a
doctors' offices and leased warehousing space.
If the Commission finds this proposal in compliance with the plan, the Board of Supervisors
must review and approve the central systems. Attached is the staff'report from the County
Department of Engineering and Public Works, which provides an analysis and recommendation
regarding the proposed systems (Attachment B). This report is not subject to Commission
review and recommendation, but is provided for your information.
Character of the Site/Area:
The site is the Old Cooper Industries manufacturing facility, which produced primarily circuit
breaker systems. There are three main buildings, the administrative office building a research
and development building, and the plant facility, consisting of over 200,000 square feet of floor
area. The vast majority of the floor space is located in the plant building (the office building
consists of approximately 18,000 square feet). There are other smaller storage and accessory
structures on site.
The general area is rural in character. Portions of the Panorama Agricultural-Forestal District
and Jacob's Run Agricultural-Forestal District are located approximately one-half mile from this
site. Several rural residential subdivisions are also located near this site, including Graemont
(just to the north of the site), Mallard Lake (.5 miles south) and other scattered rural residential
development. The South Fork Rivanna Reservoir is located approximately two miles to the
south of the plant.
Staff Comment:
The purpose of this review is to evaluate the consistency with the Comprehensive Plan of using
central utility systems in this location, and that is the focus of staff's comments and
recommendations. The current zoning (LI, Light Industrial) has been in place since the facility
was constructed in the 1970's. The proposed uses for the buildings/site are consistent with the
uses permitted within the LI District.
The Land Use Plan includes the following general principles and recommendations for the use of
central water and sewer systems in the Rural Area.
General Principles (p. 109):
· Serve Urban Areas, Communities and Villages withpublic water and sewer. Prohibit
private central water and/or sewer facilities within County Development Areas.
· Discourage the utilization of central water and/or sewer systems, or the extension of
public sewer into the Rural Area except in cases where public health and safety are at
issue. Rural development will be served by individual water and septic systems, only.
Recommendations (pp. 122 and 124):
· New Central sewer systems in the RuralArea shall be strongly discoUraged except to
address health and safety problems.
· Any new system approved must meet ACSA standards and not residential densities to
increase beyond that density achievable under individual on-site facilities (pp. 122 and
1249.
Staff opinion is that this request, .although not entirely consistent with the principles and
recommendations noted above, is not contrary to the Plan's overriding intent to provide for'
orderly development and provide for the protection of the Rural Area and its associated
resources. The intent of the Comprehensive Plan statements is to discourage the use of new
central systems that support and encourage new development, which may not have occurred
without the use of a central system. Although the proposed facilities are technically classified as
new central systems, they are actually either an existing system (well system) or a replacement to
an existing system that serves a developed property. The proposed systems do not facilitate an
intensification of the use of the buildings or property. In fact, the proposed central septic system
has less capacity than the 25,000 gallons per day treatment plant it will replace, and could serve
to limit some possible future uses.
Regarding the impact on the South Fork Rivanna reservoir watershed, the Engineering
Department's staff report noted that "an effective and well maintained septic system of this scale
is likely to provide better protection to the reservoir than the existing plant."
Recommendation:
Staff recommends that the Commission find this proposal consistent with the Comprehensive
Plan.
30
L
/,
ALBEMARLE
Ig
COUNTY
~68
·
ATTACHMENT A
' ' WHITE HALL AND
GHAR'LOTTESVILLE DISTRICTS
SECTION
COUNTY OF ALBEMARLE ATTACHMENT B
Foster Central Sewage and Well System February 17, 1999
SUBJECT/PROPOSAL/REQUEST:
Approve central sewage and well system for Cooper
Electric property reuse.
STAFF CONTACT{S):
Messrs. Tucker, Kelsey, Bowler, Hirschman
ACTION: X
'CONSENT AGENDA:
ACTION:
ATTACHMENTS: X
REVIEWED. BY.:
INFORMATION:
INFORMATION:
DISCUSSION:
The applicant is in the process of purchasing the Cooper Industries Facility. He plans to convert the facility to.a warehouse,
Doctors' office, and leased commercial facility. He wishes to replace an existing sewage treatment plant with a septic system
better suited to the new facility and have it approved as a central sewage system. Additionally, he wishes to continue use of
the existing well system and have it approved as a central water system.
Previously, the Cooper Industrial Facility treated sanitary sewage from up to 950 employees via an onsite treatment pla ~
capable of processing 25,000 gallons per day. The treatment unit is estimated to be 32 years old. The new facility would hav~
far. fewer employees than the Cooper facility. (The septic system is sized for 50 workers.) Mr. William (Jeff) Loth of the Thomas
Jefferson Health district has reported that conditions at the site are good for a septic system. Mr. Loth has approved the
necessary septic permit and provided a plan for treatment bf approximately 1,200 gallons per day.
The facility is located near Eadysville and in the watershed, of the South ~Fork Rivanna Reservoir. Previously, the treated effluent
drained directly to the reservoir via a ditch. Attempting to process 1,200 gallons per day in the oversized 32-year-old treatment
plant could be ineffective from a pollution treatment perspective and inefficient from a cost perspective. An effective and well-
maintained septic system of this scale is likely to provide better protection for the reservoir than the existing plant.
Concerning the facility's water supply, the applicant wishes to use.two existing wells. Mr. Jim Moore of.the State Health
Department is working with the applicant on'a permit to begin using the wells again. Mr. Moore reports that the wells provide
a good water supply.
It is worth noting that due to a leaking underground storage tank that was detected under previous ownership, the state
Department of Environmental Quality enforces a consent order for groundwater treatment, recovery, and monitoring on the
site, and has been doing so for over 10 years. This treatment system is not part of the central sewage or water system that
is the subject of this request. However, the owner must continue to maintain the "pump and treat" system under DEQ
regulations.
Because there are three connections for both water supply and sewage removal involved, approval of the central water system
and central sewage system by the Board of Supervisors are required under chapter 16 of the Albemarle Code.
RECOMMENDATION:
Approve the central sewage system and central water system for the former Cooper Industries Facility with the following
conditions: ~
1: Approval is for the proposed septic system.capacity of 50 employees, as designed by the Health Department. Futul
expansions must be re-approved by the Board.
2. The old treatment plant is properly dismantled, in accordance with DEQ standards.
99.021
COMMONWEALTH of VIRGINIA
Department of Health
Office of Water Programs
Environmental Engineering Field Office
February 24, 1999
ROCKBRIDGE SQUARE SHOPPING CENTER
131 WALKER STREET
LEXINGTON, VIRGINIA 24450-2431
PHONE: (540) 463-7136
FAX: (540) 463-3892
SUBJECT: Albemarle County
Water - General - Cooper Industries
Mr. Donnie Foster
Foster Well and Pump Company, Inc.
3705 Doblearm Drive
Charlottesville, VA 22901
Dear Mr. Foster:
This letter is in reference to our meeting at the old Cooper Industries facility located near Earlysville in Albemarle County on
February 23, 1999. The purpose of this meeting was to evaluate the existing waterworks for use to serve a proposed
warehouse and office complex to be located at the Cooper Industries site. You indicated that you expected a maximum of
120 to 150 employees at the proposed facility with a water usage of approximately 2000 gpd.
The ~vaterworks serving the Cooper facility ~vas originally permitted by.this Department in May of 1963. The most recent
waterworks operation permit (Number 2003075) was dated.June: i0, 1994 and contained a design capacity of 13,200 gallons
per day limited by the available source capacity. This permit was revoked in February 1997 when the Cooper facility was
closed. The waterworks consists of two drilled wells (designated as well number 3 and number 3A), a 200,000~gallon
welded steel ground storage tank, two 500-gallon hydropneumatic tanks, dual booster pmnps, and chlorine disinfection.
All of the waterworks components were inspected and found to be in good condition. Mr. Fred Russell reported that he had
been running the two wells on a periodic basis since the operation was stopped in 1997. Further, our records contain a long
operation and monitoring history of this waterworks and show that adequate water quantity and satisfactory water quality
exist to serve the proposed warehouse and office complex. Our only recommendation is to operate the ground storage tank at
a maximum volume of approximately 50,000 gallons to prevent potential problems resulting from stagmate water.
Based upon the good condition of the waterworks components and the operation and monitoring history of this system, this
Department has no objection to the use of this existing waterworks. We ~xSll issue a new waterworks operation permit upon
notification that you are ready to begin operation at the new facility.
If you have any questions or need additional information or assistance, please do not hesitate to contact this office.
JWM/mep
CC
(,~'~-") Very truly yours,
J / ~ am s W. Moore, III, P.E.
District Engineer
Albemarle County Engineering Office - Attn: Mr. David Hirschinan
Albemarle County Engineering Office - Ama: Mr. Stephen Bowler ,~--
Albemafle County Planning Depamnent - Ama: Mr. David Bennish
Albemarle County Health Department - Ama: Dr. Susan McLeod
VDH - Richmond Central
t/D· ·VIRGINIA
~ll~ DEPARTMENT
m ilOF HEALTH
Protectin~ You and Your Environtm~t
www.vdh.state.va.us
:OS,~R NELL ~ PUMP
~amcs S. (~ilmore, Ill
Gowrnor
John Paul WoodIe¥, Jr,
$ccrctary of Natural Rcsourccs
CO. TEL:804-975-8838 Mar 09,99 8:48
COMMONWEALTH of VIR( INIA
DF, PAR TMENI' OF ENVIR ONMENTAL ~ UALITY
Valley Regional
~'treel address: 4411 Darly Road,.llarri.~onburg. Virainia 22801
Mailing address: P.O- Box 1129, Ha~isonburg, VA 22801-1129
Telephon~ (540) 574-7800 Fax (540) 574-7878
http:ltwww.~cq .s~am,va.us
March 2, ] 999
No.O01P.02
Dennis II. Treacy
Director
R. Bradley Chewning, P.E.
Valley Rcgional Director
Mr. Donald W. Foster
c/o Mr. Frederick Russell
P.O. Box 193
Earlysville, Virginia 22936
Re: Cooper h~dustries
Dear Mr, Foster:
1 spoke with Mr. Russell recently about the current status of operations at the Cooper site.
As I.understand, the facility is basically being used as a warehouse and the on-site staffhas been
substantially reduced. As a result, the sanitary needs have also been reduced. Mr. Russell
informs me that the company has been working with the Department of Health and has located
an acceptable site for a septic tank drainfield; thereby, eliminating the need to continue operation
of the facility's sewage ta'eatment plant.
Even though the facility is meeting the effluent limitations of the current VPDES permit,
and those limitations are designed to ensure the maintenance of the Water Quality Standards for
the receiving stream, the elimination of the discharge from the reservoir would probably be
viewed by most as a beneficial action. As long as an acceptable site has been selected, an
appropriately sized facility constructed and the Department of Health has approved the operation,
DEQ has no involvement with the decision of Cooper to employ this method of treatment.
Further, upon receipt of notification from Cooper, DEQ will modify or temainate, as appropriate,
the company's VPDES permit to reflect whatever discharges may continue from the site
followkag the employment of the septic tank-drainfield system.
FOSTER
WELL & PUMP CO.
Mr. Donald W. Foster
March 2, 1999
Page 2
TEL :804-973-88~8
Mar 09,99 8:48 No.O0t P.03
If you have any questions about this matter, please feel fi'ce to contact me.
Sincerely,
William L. Kregloe
Environmental Engineer Senior
/OC
Enclosure
cc: Correspondence File
In Cooperation with the
State Department of Health
Office of Environmental Health
Phone (804) 972-6259
FAX (804) 972-4310
COMMONWEALTH of VIRGINIA
Thomas Jefferson Health District
1138 Rose Hill Drive
P. O. Box 7546
Charlottesville, Virginia 22906
ALBEMARLE -- CHARLOTTESVILLE
FLUVANNA COUNTY [.PALMYRA)
GREENE COUNTY (STANARDSVILLE)
LOUISA COUNTY ['LOUISA)
NELSON COUNTY (LOVINGSTON}
Mr. David Hirschman
Water Resources Manager
Albemarle County Engineering Department
401 MacIntire Road
Charlottesville, Virginia 22902-4596
February 3, 1999
RE: Septic System for Former Cooper Industries Facility
Dear Mr. Hirschman,
As per your request, this brief letter will hopefully serve to provide some background information on the
accompanying septic permit (# 101-99-0019).
Donald Foster applied for this permit on January 12, 1999 to install a subsurface sewage disposal system at
the referenced site that would serve the existing doctors office (Earlysville Family Health Center) and some
adjacent warehouse space.
It is my understanding that Mr. Foster's reason for wanting to install a typical drainfield is his desire to not
continue operating the existing sewage treatment plant that has served the facility up to this point in time. I
agree with Mr. Foster's reasoning because the current sewage treatment plant was designed for a capacity
of 25,000 gallons per day, which is far greater than the daily sewage flows that would be generated by the
doctors office and warehouse space. As you are probably aware, sewage treatment plants require a steady
diet of raw sewage in order to keep the bacteria on which they depend "primed" and therefore operating
properly.
On February 1, 1999, Mr. Foster and I met at the site and investigated an area of undisturbed ground beside
the building that currently houses the sewage treatment plant in hopes of deciding where we could
potentially install a subsurface sewage disposal system. We checked the topography of the area and found
it to be gently sloping (3% grade or less) and slightly convex in shape. Upon walking the perimeter of the
area, we found no creeks, springs, wells, or other environmental receptors within 100 feet of any part of the
site we ultimately designated. Finally, I evaluated the soils through a series of 5 backhoe pits, which
indicated a fairly uniform soil cover of the site consisting of approximately 8 inches of topsoil underlain by
approximately 54 inches (atleast) of red micaceous silty clay loam, a well-drained soil that is very suitable
for drainfields.
In deciding upon the exact size of the drainfield to be installed, the estimated rate at which the particular
site's soils will absorb water (60 - 65 minutes per inch in this case) is factored into the estimated daily
sewage flow from the facility. The square footage of drainfield trench bottom required to absorb all of that
sewage can then be calculated.
My estimation of the combined daily sewage flow from' the doctors office and warehouse space, 1200
gallons-per-day, is based on Table 4.1, "Sewage Flows", from the Commonwealth of Virginia's Sewage
Disposal and Handling Regulations. It provides for the doctors office to continue operating at current or
slightly increased capacity and would allow as many as 50 employees to work an eight-hour day in the
warehouse. I have slightly over-designed the system at Mr. Foster's request. Pages 2 and 3 of septic
permit #101.99-0019 illustrate the physical layout of the system on the property, and page 5 dictates the
internal configuration of the pump chamber that is necessary to convey the sewage from the septic tank(s)
to the subsurface sewage disposal system.
In closing, I would like to point out that the drainfield system I have proposed for the former Cooper
Industries facility has been designed according to and meets applicable state and county regulations,
including the requirement of a 100% reserve area for any possible future repairs. With the care and
maintenance that is prescribed for any subsurface sewage disposal system, this system should be more than
adequate for Mr. Foster's proposed uses of this site. Furthermore, I would add that a properly functioning
drainfield uses the soil as a natural medium to treat and dispose of sewage, and would eliminate the current
point-discharge of treated sewage into the South Fork Rivanna River that the existing sewage treatment
plant presents.
If you have any questions, please do not hesitate to contact me at 972-6259. I look forward to hearing
from you.
Sincerely,
William (Jeff) Loth, IV
Environmental Health Specialist; Senior
pc Donald Foster
Dwayne Roadcap
28~5 Earlysvae Road
ELLA CAREY, CLERK
BOARD OF SUPERVISORS
401 MClNTIRE ROAD
CHARLOTTESVILLE VA 22902~
RE: Cooper I~ Facility
Dear Ms. Carny:
We are in the process of purchasing ~ ~ I~ ~ ~ m Route 660 in
Earlysvae.
We are currenliy scheduled to appear ~ ~ ~of~m F~ 17, 1999 and -
Donald W & Deborah C Foster
COMMONWEALTH of ViRGINiA
In. Cooperation with the
State Department of Health
Office of Environmental Health
Phone (804) 972-6259
FAX (804) 972-4310
,Thomas Jefferson Health District
1138 Rose Hill Drive
P. O. Box 7546
Charlottesville, Virginia 22906
ALBEMARLE -- CHARLO3'I'ESVILLE
FLUVANNA COUNTY (PALMYRA)
GREENE COUNTY [STANARDSVlLLE)
LOUISA COUNTY
NELSON COUNTY (LOVINGSTON)
Mr. David Hirschman
Water Resources Manager
Albemarle County Engineering Department
401 Maclntire Road
Charlottesville, Virginia 229024596
Febmary3,1999
RE: Septic System for Former Cooper Industries Facility
Dear Mr. Hirschman,
As per your request, this brief letter will hopefully serve to provide some background information on the
accompanying septic permit (# 101-99-0019).
Donald Foster applied for this permit on January 12, 1999 to install a subsurface sewage disposal system at
the referenced site that would serve the existing doctors'office (Earlysville Family Health Center) and some
adjacent 'warehouse space.
It is my understanding that Mr. Foster's mason for wanting to install a typical drainfield is his desire to not
continue operating the existing sewage treatment plant that has served the facility up to'this point in time. I
agree with Mr. Foster's reasoning because the current sewage treatment plant was designed for a capacity
of 25,000 gallons per day, which is far greater than the daily sewage flows that would be generated by the
doctors office and Wareh6use space. As you are probably aware, sewage treatment plants require a steady
diet of mw sewage in order to keep the bacteria on which they depend "primed" and therefore operating
properly.
On February 1, 1999, Mr. Foster and I met at the site and investigated an area of undisturbed ground beside
the building that currently houses the sewage treatment plant in hopes of deciding where we could
potentially install a subsurface sewage disposal system. We checked the topography of the area and found
it to be gently sloping (3% grade or less) and slightly convex in shape. Upon walking the perimeter of the
area, we found no creeks, springs, wells, or other environmental receptors within 100 feet of any part of the
site we Ultimately designated. Finally, I evaluated the soils through a series of 5 backhoe pits, which
indicated a fairly uniform soil cover of the site consisting of approximately 8 inches of topsoil underlain bY
approximately 54 inches (atleast) of red micaceous silty clay loam, a well-drained soil that is very suitable
for drainfieltts.
In deciding upon the exact size of the'drainfield to be installed, the estimated rate at which the particular
site's soils will absorb water (60 - 65 minutes per inch in this case) is factored into the estimated daily
sewage flow from the facility. The square footage of drainfield trench bottom required to absorb all of that
sewage can then be calculated.
My estimation of the combined daily sewage flow from the doctors office and warehouse space, 1200
gallons-per-day, is based On Table 4.1, "Sewage Flows", from the Commonwealth of Virginia's Sewage
Disposal and Handling Regulations. It provides .for the doctors office to continue operating at current or
slightly increased capacity and would allow as many ab~"~mployees to work an eight-hour day in the
warehouse. I have slightly over-designed 'the sYstem?tTl~~.' J -'-__ Foster s request. Pages 2 and 3 of septic
permit #101-99-0019 illustrate the physical layout of theisystem on the property, and page 5 dictates the
internal configuration-of the pump chamber that is neces ,~ry to convey the sewage from the septic tank(~)
to the subsurface sewage disposal system.
In closing, I would like to point out that the drainfield system I have proposed' for the former Cooper
Industries facility has been .designed according to and meets applicable state and county regulations,
including the requirement of a 100% reserve area for any possible future repairs. With the care and
maintenance that is pres,c_ribed for any subsurface sewage disposal system, this system should be more than
adequate for Mr. Foster s proposed uses of this site~ Furthermore, I would add that a properly functioning
drainfield uses the soil as a natural medium to treat and dispose of sewage, and would eliminate the current
point-discharge of treated sewage into the South Fork Rivanna River that the existing sewage treatment'~e.~.~
plant presents.
If you have any questions, please do not hesitate to contact me at 972-6259. I look forward to hearing
from you.
Sincerely,
William (Jeff) Loth, IV
£nviroumental Health Specialist, Senior
pc
Donald Foster
Dwayne Roadcap
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Gas Line Easement
SU BJ ECT/PROPOSAL/REQU EST:
Public Hearing to Consider Granting a Gas Line Easement
Messrs. Tucker, Davis
AGENDA DATE:
March 17, 1999
ACTION: X
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
REVIEWED BY:
ITEM NUMBER:
INFORMATION:
INFORMATION:
No
BACKGROUND:
The City of Charlottesville has requested that the County grant it an easement to enable the placement of a gas transmission
line across two parcels of property jointly owned by the City and County in the Ivy Creek Natural Area. These lines are to be
placed alongside existing lines and the easements will generally follow the paths of existing City owned gas lines.
DISCUSSION:
The Virginia Code requires that the County hold a public hearing prior to authorizing the granting of an easement. Currently
the City is contesting the Zoning Administrator's determination that the gas line to be placed in the easement is, in fact, a gas
transmission line. It is the City's position that it is a distribution line. A transmission line would require a special use permit from
the Board of Supervisors whereas a distribution line would not be subject to further County review. This matter will be heard
at the April Board of Zoning Ap peals meeting.
RECOMMENDATION:
Staff recommends that the Board hold the public hearing but since there is another action pending concerning this matter by
another agency, you may wish to consider delaying any decision on whether to grant this easement until the Board of Zoning
Appeals has decided the appeal of the Zoning Administrator's determination that the gas line is a transmission line.
99.046
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
SP 97-51 US Cellular (Ooodlow Mountain)
SUBJECT/PROPOSAL/REQUEST:.
Proposal to construct a personal wireless service
facility on Goodlow Mountain.
STAFF CONTACT(S):
Mr. Fritz
REVIEWED BY:
AGENDA DATE: February 2, 1999 - Planning
Commission
March 17, 1999 - Board of Supervisors
ACTION: Yes INFORMATION:
CONSENT AGENDA: No
ACTION: Yes
INFORMATION: No
ATTACHMENTS: Yes
BACKGROUND:
This application was originally reviewed by the Planning Commission on November 18, 1997. At that time the
Planning Commission recommended approval by a vote of 4 to 3. The Board of Supervisors held a hearing for this
item on December 10, 1997. At that time the Board referred the item back to staff to revise the proposed conditions
.~"x of approval consistent with the Board's directions for approval on the January 7, 1998 consent agenda. Following
'the Board's hearing on December 10, 1997 it was determined that the property owner had not consented to filing
the application for special use permit. Therefore, the special use permit was not properly before the County and no
further action was taken. The applicant has, since that time, obtained the owner's consent and this item is now.
properly before the County.
DISCUSSION:
Staff has attached the prior staff report, Planning Commission minutes, draft Board of Supervisors minutes and all
letters received from the public. Staff is unable to identify any changes in circumstance since the original review
of this application Which would tend to wan'ant a change in staff's recommendation. However, staff does
recommend a modification of the conditions which were prepared for the Board's consideration to reflect current
technology and standard conditions for personal wireless service facilities. The modifications are noted in bold and
the original language is included, but is overstmck.
RECOMMENDATION:
Staff recommends approval of SP 97-51 US Cellular (Goodlow Mountain) subject to'the following conditions:
The height of the tower shall not exceed one hundred twenty (120) feet. Whip antennae and lighting
suppression equipment not exceeding three (3) inches in diameter may extend up to an additional twelve (12)
feet above the top of the tower.
The tower shall be designed, constructed and maintained as follows:
1~. a. The tower shall be designed and located so that, in the event of structural failure, the tower and all of
its components will remain on the portion of the property leased by U.S. Cellular (the "site").
~.. h. The tower shall be of self-supporting lattice-tyPe construction. Guy wires shall not be permitted.
d,. e. The tower shall have no lighting.
e,. d. The tower shall be gray, blue or green in order to reduce its visual impacts unless the Architecture'
Review Board, ,u~
requires otherwise.
3. The tower location and the equipment building shall be substantially in accord with that shown on the attached
plan entitled "Proposed Cellular Antenna Site" and initialed "WDF November 7, 1997."
4. Antenna may be attached to the tower only as follows:
a. Omnidirectional or whip antenna shall not exceed twenty (20) feet in height or seven (7) inches in
diameter, and shall be of a color which matches the tower. In no case shall any antenna exceed the
height of any antenna authorized in condition #1, and the diameter of such antenna shall not exceed
three (3) inches at any point abOve the tower.
b. Directional or panel antenna shall not exceed five (5) feet in height or two (2) feet in width, and shall
be of a color which matches the tower.
c. Satellite, microwave dish, and any other antenna not authorized in paragraphs (a) or Co) of this condition
are prohibited.
d. Antennae authorized in paragraphs (a) or (b) of this condition may be installed in addition to those
installed by the permitted when the tower is first constructed without amending this special use permit,
provided that all necessary building permits are obtained from the building official and the antennae
otherwise comply with these conditions.
5. The tower shall be used, or have the potential to be used, for collocation of other wireless telecommunications
providers, as follows:
~ The permittee shall allow other wireless telecommunications providers to locate
antennas on the tower and equipment on the site, subject to these conditions:
(1) Prior issuance of a building permit, the permittee shall execute a letter of intent stating hat
it will made a good faith effort to allow such location and will negotiate in good faith with
such other provider requesting to locate on the tower of the site.
.... r ...................................................... r ......................... :: .... tov,~7
/'1 '~ D,.;,.,- +,-, ,-,~.,.,~;.,,,,~1 ^g. -i~,~1 ,-,;+.~ ,.,1~.,-, g^~ +1.,`, ,.,.;+~ ~, +1.,~ ,-,o.;.,,,=,.,. ,-,.ff+l-,,~ o.;+~ .,.,1~.,., ~,~,~,,.;~,.,~,.,.-,.I- +1~,
(2) The permittee shall provide to the County, upon request, verifiable evidence that it has made
a good faith effort to allow such location. Verifiable evidence of a good faith effort includes,
but is to limited to, evidence that the permittee has offered to allow other providers to locate on
the tower and site in exchange for reciprocal rights on a tower and site owned or controlled by
another provider within Albemarle County.
All lighting shall be shielded to minimize its off-site visibility. Each outdoor luminaire shall be fully shielde&--
so that all light emitted is projected below a horizontal plane nmning through the lowest part of the shield o~
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. All lighting shall be shielded from public roads.
Outdoor lighting shall only be on during periods of maintenance.
7. ~Prior to beginning construction or installation of the tower or the equipment building, or installation of access
for vehicles or utilities, the permittee shall obtain authorization from County staffto remove existing trees, on
the site. The County staff shall identify which trees may be removed for such construction or installation.
Except for the tree removal expressly authorized by County staff, the permittee shall not remove existing trees
within two hundred (200) feet of the tower, the equipment building, or the vehicular or utility access.
8. The permittee shall comply with section 5.1.12 of the Zoning Ordinance.
9. The tower shall be disassembled and removed from the site within ninety (90) days of the date its use for
wireless telecommunications or uses related to the adjacent gas pipeline ~ is discontinued.
10. The permittee shall submit a report to the zoning administrator once per year, not later than July 1 of that year.
The report shall identify each user of the tower and each user that is a wireless telecommunications service
provider.
11. Access road improvement shall be limited to drainage improvements, minimal grading necessary to improve
the travel surface and the application of gravel.
Should the Planning Commission support a waiver of the requirements of a site plan the Planning Commission
only must take the following action in order to authorize a site plan waiver.
A waiver of the drawing of a site plan has been granted in accord with the provisions of Section 32.2.2. subject
to the following conditions:
Approval of an erosion and sediment control plan prior to the issuance of a building permit.
Provision of one parking space.
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
SP 97-51 US Cellular [Goodlow Mountain]
SUBJECT/PROPOSAL/REQUEST:
Proposal to construct a telecommunications tower on
Goodlow Mountain.
STAFF CONTACT(S}:
Messrs. Tucker/Cilimberg/Davis
AGENDA DATE:
January 7, 1998
ACTION:
ITEM NUMBER:
INFORMATION:
CONSENTAGENDA:
ACTION: X INFOI~MATION:
~_~.C~: Resolution; Blaine Letter Dated
December 17, 1997; Prior Conditions
BACKGROUND:
This special use permit request was reviewed by the Board on December 10, 1997. The item was referred back to staff to
revise the proposed conditions of approval consistent with the Board's directions for approval on the Consent Agenda.
DISCUSSION:
Staff has revised the proposed conditions of approval ,to address the concerns raised by the Board of Supervisors, updated
the standard conditions and modified the format of the conditions to place related conditions together.
At the Board's direction, the conditions now limit the type of antennae permitted on the tower and require the tower to
accommodate at least three users. These conditions are found in Condition #4 and Condition #5. Condition ;~4 specifies what
antennae are allowed and prohibited. Condition ~/6 specifies the requirements that the tower must meet to support additional
antennae.
At the request of the applicant, Condition #1 has been modified to allow a 12 foot whip antenna above the 120 foot tower.
Previously the request was for an 8 foot whip antenna. Because the whip antenna at a three inch diameter is virtually
invisible, staff does not object to this change.
The lighting restriction for the support building, found in Condition i~6, has been further defined. This language is proposed
as a new standard condition for all permits.
For the Board's general information, staff has photographed a number of existing telecommunication towers in Albemarle
County and will provide those photographs to the Board for its review at the January 7, 1998 meeting.
RECOMMENDATION:
Staff recommends approval of SP 97-51 subject to the revised conditions. Attached is a Resolution f(~r approval.
97.258
Ptar, r ir g Dept.
PiedmolH Environmenlal Council
SP-97-51 - Goodlow Mountain Tower
Statement delivered to the Board of Supervisors, March 17, 1999
After talking to County Planner Bill Fritz today, I learned that the tower in question has
probably not been rebuilt to its original height within the two years allowed by the Zoning
Ordinance. Mr. Fritz said that the tower as it exists today consists of a lattice structure
measuring about 60 feet in height with a pipe about 40 feet tall attached to the top of the
lattice. I also learned that the reconstruction was not verified until last Friday, four months
and a half after the two-year deadline necessary for the tower to keep its legal status as a
non-conforming structure.
When the Planning Commission first reviewed this application in 1997, five nearby
property owners expressed concern about the project, its impact on the Southwest
Mountains Rural Historic District and their property values. It is clear from the minutes that
at least two Planning Commissioners may have voted for approval because they thought
the tower could be restored legally to its reputed height of 120 feet.
When you reviewed and all but approved this request in December, 1997, you had before
you a determination from the Zoning Administrator stating that the tower was a legal
nonconforming use which could be rebuilt to its pre-accident height. Judging from the
draft minutes for that night, at least one of you viewed this as an existing tower upon which
U.S. Cellular would locate a panel.
That may no longer be the case, if the applicants have lost their legal right to rebuild a
120-foot tower. Now the County should be free to consider this request as if a tower of this
height did not exist on top of Goodlow Mountain, one of the highest peaks in the
Southwest Mountains.
To the best of my knowledge, you have not approved a new tower in the mountain overlay
district identified in your Open Space Plan, unless that tower was clustered near other
towers already in existence. To the best of my knowledge, the only tower you have
approved in a rural historic district was a much shorter structure near the substation at
Cash's Corner. And you have refused to approve towers near land under permanent
conservation easement.
It would be completely consistent with the actions you have taken in the past to deny this
request. Residents of the Southwest Mountains are doing their part to keep this place
open and unspoiled. They've placed thousands of acres under conservation easement
and given up most of their development potential for all time. Please support their
commitment, deny this request and encourage the applicant to consider shorter, less
visible alternatives to this structure.
I'd like to leave you with one question: when was the 40-foot piece of pipe added to the
P.O. BOX 460 ' Warrenton, virginia · 20188 · 5443-5347-2334 · Fax 54(3349-9(X)3
I ROSe Hill Drive · Suite One · Charlottesville, Virginia · 22903 · 804-977-2033 ° Fax
RESOLUI'J:ON
WHEREAS, United States Cellular Corporation C'U.S. Cellular'') filed an
application for a special use permit ("SP 97-5:[") which would authorize it to erect a wireless
telecommunications facility in Albemarle County on a portion of that parcel identified as Tax
Map 36, Parcel :[9 (the "property"), which is located in the Goodlow Mountain area in the
northeastern part of Albemarle County; and
WHEREAS, the property is within the rural areas zoning district; and
WHEREAS, the Planning Commission conducted a duly noticed public
hearing on SP 97-5:~ on November :[8, :[997, and the Board of Supervisors conducted a duly
noticed public hearing on SP 97-5:[ on December :[0,1997.
NOW THEREFORE, BE Ti' RESOLVED that the Board of Supervisors of
Albemarle County, Virginia, has determined that the criteria for the issuance of a special use
permit, set forth in section 3:[.2.4.1 of the Zoning Ordinance have been satisfied, and hereby
approves U.S. Cellulars application for SP 97-5:~, subject to the following conditions:
The height of the tower shall not exceed one hundred twenty (:[20) feet. Whip
antennae and lightning suppression equipment not exceeding three (3) inches in
diameter may extend up to an additional twelve (:~2) feet above thetop of the
tower.
2. The tower shall be designed, constructed and maintained as follows:
ao
The tower shall be designed to allow an increase in height up to one hundred
ninety-nine (:~99) feet if necessary to meet the collocation certification in
condition #5.
The tower shall be designed and located so that, in the event of structural
failure, the tower and all of its components will remain on the portion of the
property leased by U.S. Cellu'iar (the "site'S.
The tower shall be of self-supporting lattice-type construction. Guy wires
shall not be permitted.
d. The tower shall have no lighting.
The tower shall be gray, blue or green in order to reduce its visual impacts
unless the Architectural Review Board, the Federal Aviation Administration, or
the Federal Communications Commission requires otherwise.
I:~D EPT~,TTORNEY~RESOLUTI\CELLGOOD. RES
The tower location and the equipment building shall be substantially in accord with
that shown on'the attached plan entitled "Proposed Cellular Antenna Site" and
initialed "WDF November 7, 1997."
Anten'nae may be attached to the tower only as follows:
ao
Omnidirectional or whip antennae shall not exceed twenty (20) feet in height
or seven (7) inches in diameter, and shall be of a color which matches the
tower. In no case shall any antenna exceed the height of any antenna
authorized in condition Cf 1, and the diameter of such antenna shall not
exceed three (3) inches at any point above' the top of the tower.
Directional or panel antennae shall not exceed five (5) feet in height or two
(2) feet in width, and shall be of a color which matches the tower.
Co
Satellite, microwave dish, and any other antennae not authorized in
paragraphs.(a) or (b) of this condition are prohibited.
do
Antennae authorized in paragraphs (a) or (b) of this condition may be
installed in addition to those installed by the permittee when the tower is first
constructed without amending this special use permit, provided that ail
necessary building permits are obtained from the building official and the
antennae otherwise comply with these conditions.
The tower shall be used, or have the potential to be used, for the collocation of other
wireless telecommunications providers, as follows:
ao
At the time the permittee submits a preliminary site plan or a request for a
site plan waiver for the site, it shall submit to the department of planning and
community development a certified engineer's report which certifies that the
proposed tower is compatible, or would be compatible if its height was
increased, for collocation of at least three (3) providers of a similar wireless
service, including the permitt'ee.
bo
The permittee shall allow other wireless telecommunications providers to
locate antennae on the tower and equipment on the site, subject to these
conditions.
Prior to approval of a final site plan for the site or the waiver of the
site plan requirement, the permittee shall execute a letter of intent
stating that it will make a good faith effort to allow sUch location and
will negotiate in good faith with such other provider requesting to
locate on the tower or the site.
I:~D EP'I'~'CI'ORN EY~RESO L UTI~CE LLGOOD. RES 2
10.
(2)
The permittee shall provide to the County, upon request, verifiable
evidence that it has made agood faith effort to allow such location.
Verifiable evidence of a good faith effort includes, but is not limited to,
evidence that the permittee has offered to allow other providers to
locate on the tower and site in exchange for reciprocal rights on a
tower and site owned or controlled by another provider within
Albemarle County.
All lighting shall be shielded to minimize its off-site visibility. Each outdoor luminaire
shall be fully shielded so that all light emitted is projected below a horizontal plane
running though the lowest 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.
Prior to beginning construction or installation of the tower or the equipment building,
or installation of access for vehicles or utilities, the permittee shall Obtain
authorization from County staff to remove existing trees on the site. The County
staff shall identify which trees may be removed for such construction or installation..
Except for the tree removal expressly authorized by County staff, the permittee shall
not remove existing trees within two hundred (200) feet of the tower, the equipment
building, or the vehicular or utility access.
The permit-tee shall comply with section 5.1.:[2 of the Zoning Ordinance.
The tower 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, not
later than July :[ of that year. The report shall identify each user of the tower and
each user that is a wireless telecommunications service provider.
Il.
Access road improvements shall be limited to drainage improvements, minimal
grading necessary to improve the travel surface and the application of gravel.
I, Ella W. Carey, do hereby certifY that the foregoing writing'is a true, correct
copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by vote
of to on January 7, :[998.
I:\D EPT~A'I-TORN EY~RESOLUTI\C ELLGOOD. RES 3
MCGLrlREWOODS
BATTLE &B~ L,_.P
Court Square Building
Post Office Box 1288
Charlottesville, Virginia 22902-1288
Telephone/TDD (804) 977-2500 ', Fax(804)980-2222
COUNTY OF ALBEMARLE.-
fi..TTQ.RNEY'S OFFIC.F
Steven W. Blaine
Writer's Direct Dial
8041977-2.588
December 17, 1997
Larry W. Davis, Esq.
Office of the County Attorney
401 McIntire Road
Charlottesville, Virginia 22902
United States Cellular Corporation; Peter's Mountain Site; SP-97-$1
Dear Larry:
At the Board of Supervisors meeting the other night, the Board discussed various changes
to the conditions of approval recommended by staff. For your consideration, below are some
suggested changes based on notes that I took at the meeting:
I. Revise condition #1 to read: "Tower height shall not exceed 120 feet, plus the
existing, 12 foot "whip-style" ante:ma." (After the meeting, it was determined that the existing,
CNS antenna was 12' instead of 8'.)
2. Revise condition #3 to read: "There shall be no lighting of the tower. Any lighting
of accessory structures shall be shielded so as to minimize visibility."
3. Add to condition #4 the following: "This permit contemplates re-installatiOn of a
12-foot, whip-style antenna as well .as installing "panel-style" antennae for cellular service. Any
other style of antennae proposed for additional installation shall require amendment of this Special
Use Pen'nit."
4. Revise condition # 12 to read: "The tower shall be of a self-supporting, lattice-type
construction, and the structure shall be designed to support at least three additional, wireless
service providers' antennae."
Please call me if you have any questions regarding the foregoing.
SWB:ctg
cc: Mr. Mark. Gartley
Mr. Mark Keller
Very truly yours,
aSf /¢
Stev~n W. ~l
ALEXANDRIA · BALTIMORE · BRUSSELS · CHARLOTTESVILLE · JACKSONVILLE · NORFOLK · RICHMOND · TYSONS CORNER · WASHINGTON, DC - Z0RlCH
Steven W. Blaine
swblaine~mwbb, com
Court Square Building
il0 Fourth Street, N.E., Suite j00
Posl Office Box 1288
Charlottesville, Virginia 22902-1288
Telephone/IDD (804) 977-2500 · Fax(804) 980-2222
Direct Dial: (804)977-2588
Direct Fax: (804)980-2251
March 26, 1999
Mr. V. Wayne Cilimberg
Director of Planning and
Community Development
County of Albemarle
401 Mclntire Road
Charlottesville, VA 22902-4596
Re: $P-97-51 U.~ Cellular (Goodlow Mountain)
Dear Wayne:
I am in receipt of your letter dated March 24, 1999 regarding the captioned matter. I
understand that the Board's action was to defer for 60 days, consideration of the Special Use
Permit application. I did not understand what purpose the delay would serve since the Staff's
recommendation to approve the Special Use Permit had not been affected by the site visit which
occurred prior to the Board's meeting.
I am also perplexed by the suggestion that, depending on the Staffs review, the request
may go back to the Planning Commission. The Planning Commission recommended denial of
the Special Use Permit. There is no purpose in the Staff recommending that the Planning
Commission review this matter further, other than to prolong the denial of effective and
affordable service to wireless customers of United States Cellular in the Goodlow Mountain area,
and to further prohibit or have the effect of prohibiting service to those customers as
contemplated in the Telecommunications Act of 1996, 47USC §332.
I respectfully request on behalf of the applicant, an expedient review and consideration of
this matter.
Very truly Yg~, ~_ /
SWB:hll
cc: Mr. Mark Gartley
Mr. Dave Klumb
RECEIVEO
Planning Dept.
www. mwbb,com
ATL&¥ra · BamMOag · BRmSm-q · Om~yrr~ · OP. RLOrr~SVI~t~ · CalCAC, O- JAc~sOnVa~t · Moscow · NOPgO~K · R~CBMOt& · TrSONS CORSER ' Was}nnaTOS · Z0mca (OF Cotrss~)
Dept.
COUNTY OF ALBEMARLE
of Planning & Community Development
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
March 24, 1999
Steve Blaine
P O Box 1288
Charlottesville, VA 22902
SP-97-51 U S Cellular (Goodlow Mountain)
Tax Map 36, Parcel 19
Dear Mr. Blaine:
The Albemarle County Board of Supervisors, at its meeting on March 17, 1999, deferred
for 60 days the above-noted proposal to remove and reconstruct an existing tower on
Goodlow MOuntain in accord with Section 10.2.2(6) of the Zoning Ordinance. The
Board has requested staff'to review the application again in light of the site visit last week
and provide the board with some additional information. Depending upon staffs review,
the request may or may not go back to the Planning Commission.
If you should have any questions or comments regarding the above-noted action, please
do not hesitate to contact me.
Sincerely, .
V. Wayne~ilimberg ~
Director of Planning & ~..~unity Development
VWC/jcf
Cc:
Amelia McCulley
Jack Kelsey
Tex Weaver
Steve Allshouse
COUNTY OF ALBEMARLE
Depl. ot' Planning & Community Development
401 Mcintire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
November 26, 1997
Mark Keller
McKee/Carson
301 East High St
Charlottesville, VA 22902
RE:
SP-97-51 U S Cellular (Goodlow Mountain)
Tax Map 36, Parcel 19
Dear Mr. Keller:
The Albemarle County Planning Commission, at its meeting on November '18, 1997, by a vote of
4-3, recommended approval of the above-noted petition to the Board of Supervisors. Please
note that this approval is subject to the following conditions:
o
Tower height shall not exceed 120 feet.
Compliance with Section 5.1.12 of the Zoning Ordinance.
There shall be no lighting of the tower unless required by a federal agency: All
lighting shall be shielded so as to minimize visibility from the ground.
Staff approval of additional antennae installation. No administrat, ive approval
shall constitute or imply support for or approval of, the location of additional
towers, antennae, etc., even if they may be part of the same l~etwork or system
as any antennae administratively approved under this section.
The tower must be designed and adequate separation provided to property lines
such that in the event of structural failure, the tower and components will remain
within the lease area.
The tower shall be disassembled and removed from the site within 90 days o~
the discontinuance of the use of the tower for wireless telecommunication
purposes.
7~
Tower shall be located as shown on Attached plan titled "Proposed Cellular Antenna
Site ' and initialed VVDF November 7, 1997 and on untitled topographic map initialed
WDF November 7, 1997.
o
Existing trees within 200 feet of the tower shall not be removed without amendment
this special use permit except as may be authorized by staff to permit construction of
the tower and installation of access for vehicles and utilities.
o
Except as specifically required by the Federal Aviation Administration of the Federal
Communications Commission, transmission structures shall use colors such as gray,
blue or green, which reduce their visual impacts.
10.
The permittee shall allow other wireless telecommunications providers to locate on the
tower and site and shall provide the County, upon request, verifiable evidence of having
made a good faith effort to allow such location. Verifiable evidence of a good faith
effort includes, but is not limited to, evidence that the permittee has offered to allow
other providers to locate on the permittee's tower and site in exchange for reciprocal
rights on a tower and site owned or controlled by such other provider within Albemarle
County. The permittee also agrees to execute a letter of intent prior to final site plan
approval stating that it will make a good faith effort to allow such location and will
negotiate in good faith with any other wireless telecommunications provider requesting
to locate on the tower or site.
11.
A report shall be submitted to the Zoning Administrator once a year, 'no later than July
1. This report shall state the current user status of the tower. Specifically, the report
shall state if the tower is being used for wireless telecommunication service.
12. The tower shall be of lattice type construction.
13.
Access road improvements shall be limited to drainage improvements and minimal
grading necessary to improve travel surface and the application of gravel.
Please be aware that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on December 10, 1997.. Any new or additional
information must be submitted to the Clerk of the Board of Supervisors at least seven days prior
to your scheduled hearing
If you have any questions, please do not hesitate to contact me.
Sincerely,
V. Wayne ¢limberg ~" J )
Director of Plannin//C& Co~a'nity
""'WC4cf
Development
CC:
Ella Carey
Amelia McCulley
Jack Kelsey
CNS Microwave, Inc
Charlottesville Cellular Partnership
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
WILLIAM D. FRITZ, AICP
NOVEMBER 18, 1997
DECEMBER 10, 1997
SP 97-51 US CELLULAR [GOODLOW MOUNTAIN]
Applicant's Proposal:
The applicant is proposing to construct a 120 foot guyed lattice tower to provide improved
cellular phone coverage for northern Albemarle County and portions of Greene and Orange.
Currently US Cellular's service is available in the area. However, significant areas of weak signal
or even no signal exist. The specific location and design of the proposed tower is shown on
Attachment C. This tower is located on Goodlow Mountain on the Columbia Gas Pipeline and
replaces an existing tower located on the site.
Petition:
Proposal to construct a wireless telecommunication tower and associated support facilities
[10.2.2(6)]. The proposed location is on Goodlow Mountain on the existing Columbia Gas
pipeline easement. This application will allow for the removal and reconstruction of the existing
tower located on the property. The property is described as Tax Map 36, Parcel 19 and consists
of 121 acres zoned PA, Rural Areas. This site is within the Rivanna Magisterial District and is
not located Within a designated growth area.
Character of the Area:
The location for the tower is near the peak of Goodlow Mountain on the Columbia Gas Pipeline.
The property to the south is located within an Agricultural/Forestal District. Attachment D is a
topographic map that shows the location of the proposed tower, nearby house structures, the_
quarry and the railroad. The proposed tower is at an elevation of approximately 1,380 feet ASL,
Above Sea Level. The peak of the mountain is at an elevation of 1,504 feet ASL. The closest
dwelling to the proposed tower, is approximately 2,300 feet (0.4 miles) distant and
approximately 600 feet lower in elevation. No houses are located within 2,000 feet (0.6 miles)
of the proposed tower. No existing towers are located in the area, other than the tower to be
replaced. [The tower to be replaced is currently 80 feet tall. However, prior to October 1996 this
tower was 123 feet. The tower was hit and damaged by a tractor and only the undamaged portion
was replaced.] The nearest identified structure capable of supporting telecommunications is a
water tank located in the Town of Gordonsville approximately 4 miles to the east. The nearest
US Cellular Facility is located in Greene County approximately 8 miles west of this site.
RECOMMENDATION:
Staff has reviewed this request for compliance with the provisions of Section 31.2.4.1 of the
Zoning Ordinance and recommends approval,
Planning and Zoning History_:
A special use permit allowing the installation of an additional gas pipeline was approved by the
Board in 1991. [SP 90-111]
Comprehensive Plan:
Staff notes that in order to reconstruct the proposed tower no clearing for access and the
provision of electrical service will be required. Therefore, the impact of the tower itself is the
only factor which has been reviewed by staff for compliance with the Comprehensive Plan and
the Zoning Ordinance.
Staff can identify no provision in the Comprehensive Plan which prohibits or has the effect of
prohibiting the provision of personal wireless communications. This site is located in the Rural
Areas of the Comprehensive Plan Land Use Plan, the Mountain Resource Area as identified in
the Comprehensive Plan, Open Space Plan, and the Southwest Mountains National Register
Rural Historic District as identified in the Comprehensive Plan, Open Space Plan. Currently, the
Land Use Plan contains limited review criteria for the siting of telecommunication towers. The
Open Space Plan does provide some guidance for the protection of identified resources of the
County. The resources identified in the plan and potentially affected by this application are:
Mountain Resource Area, Critical Slopes and Southwest Mountains National Register Rural
Historic District. Critical Slopes are addressed by the provisions of the Zoning Ordinance. The
methods for protection and potential allowable impacts in the Mountain Resource Areas are
currently being reviewed in detail by the Mountain Protection Committee. Although detailed
standards for potential allowable impacts are not completed, staff has determined that protection
of an identified resource, the mountain areas, is still appropriate. Information as to the impact of
locating outside of the Mountain Resource Area on another parcel is not available.
Most of Goodlow Mountain is designated as critical slopes in the Open Space Plan. However,
the location of the proposed tower is on the crest of a ridge of Goodlow Mountain no disturbance
of critical slopes will occur for the reconstruction of the tower. The existing access to the tower
crosses areas of critical slopes. The only improvements proposed are drainage improvements and
the placing of gravel in the existing roadbed to aid in stabilization. It is the opinion of staff that
no adverse impact on areas of critical slopes as identified in the Open Space Plan will occur.
The mountain resource area as identified in the Open Space Plan starts at the 700 foot contour.
The proposed tower is at an elevation of approximately 1,380 feet ASL. The Open Space Plan
states that, "Mountains are a major open space system recommended for protection in the Rural
and Growth Areas" (page 27). In addition the plan states "Resources associated with mountains
include critical slopes, scenic views, wildlife habitat, extensive forests} unique soils for orchards,
natural areas (including geologic features, and habitat for rare and endangered plants and
animals), and headwaters." (page 5) The Open Space Concept Map "is intended to serve two
functions: to guide open space decision-making in the County as a whole, and to provide a
~ for the ongoing identification and protection of Rural Area open space resources"
(page 2). This application is to permit the reconstruction of an existing tower. The tower on the
site is currently approximately 80 feet high. The original height of the tower was 123. However,
the tower was damaged during maintenance of the fight of way which resulted in the partial
collapse of the tower. [The damaged was caused while bushogging the Columbia Gas right of
way. During the bushogging a guy wire for the tower was hit and a portion of the tower was
pulled over.] Typically staff considers that the location of a tower in the Mountain Resource Area
as permanently altering the visible appearance of the resource and, without additional guidance
as to acceptable impacts in the Mountain Resource Area, staff opinion is that locating towers in
the Mountain Resource Area is inconsistent with the intent of the Comprehensive Plan, Open
Space Plan. However, in this case the request allows for the reconstruction of a tower which was
on this property for a number of years and which had limited visibility from surrounding areas.
Therefore, staff does not find that approval of this requestwould have an adverse impact on the
Mountain Resource Area.
STAFF COMMENT:
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.
3. Waiver of a site plan in accord with the provisions of Section 32.2.2 of the'Zoning
Ordinance.
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 u_pon a finding by the Board of Supervisors that such use will not be of
substantial detriment to adjacent property_,
The proposed tower complies with the setback requirements of the ordinance. The tower
location is on a gently sloping area on the crest of the ridge located at the treeline adjacent to the
Columbia Gas Pipeline. These trees will provide excellent screening of the equipment at the
base of the tower. Based on a field visit, staff opinion is that the trees in the area of the tower are
approximately 70 to 80 feet tall.
The proposed tower is located approximately 2,300 feet from the nearest dwelling on adjacent
property. Staff opinion is that the clearing for the gas line has created the only visibility of the
tower and, based on a field visit, this tower will be visible from dwellings located to the east and
3
west of Goodlow Mountain. Visibility from north or south of Goodlow Mountain is extremely
limited due to the existing tree cover and topography of the region. Lighting of the tower is
unlikely as the tower is under the height standard for lighting, but staff has included a condition
limiting lighting unless required by the FAA or other federal officials. This tower does not
penetrate the Airport Overlay District. The visibility of the tower from residential property may
be considered a detriment. However, staff is not able to determine if the detriment is substantial.
In fact the distance to dwellings and the fact that this request is for the reconstruction of a tower
that has existed mitigates the visual impacts caused by the tower. Additional information may be
provided by the public during the public hearings onthe issue of potential impacts. Staffis
unable to determine if the impact of this proposal will create a substantial detriment to adjacent
property. The applicant has not submitted evidence that the impact from this development will
not be.substantial.
that the character of the district will not be changed thereby.
In determining the impact on the character of the district staff has taken into consideration the
character of the district as described in the Comprehensive Plan Open Space Plan. A topographic
map is attached to this report which shows the location of dwellings, the gas pipeline and other
features.
The property immediately to the south is located in an Agricultural/Forestal District. Staff
opinion is that approval of this request would have no adverse impact on the use of the adjacent
property for either agriculture or forestry. Visibility of the tower from this Agricultural/Forestal
District and land in an Agricultural/Forestal District to the west is extremely limited and it is the
opinion of staff that no negative impact on the aesthetics of the District will be caused by the
approval of this request.
As this request is for the reconstruction of an existing tower this result will not result in a
significant change in the appearance of the Rural Area or Mountain Resource Area. Towers have
been permitted in the Rural Areas and have not in the opinion of staff resulted in a change in the
character of the Rural Areas to this point. Since'the adoption of the Open Space Plan no towers
have been approved wi.thin the Mountain Resource Area except within the existing tower farm on
Carter's Mountain and the recent approval for CFW on Piney Mountain.
Staff opinion is that this request does comply with this provision of Section 31.2.4,1 of the
Ordinance.
and that such use will be in. harmony with the purpose and intent of this ordinance,
Staff has reviewed the purpose and intent Of the 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 (Attachment F). 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. The reconstruction of this site will allow Columbia Gas to restore its
communication network. [The quality of this network was reduced when the tower was
damaged.] This tower serves as a link in its emergency communication network.
Staff opinion is that this request is in harmony with the purpose and intent of the ordinance.
with the uses permitted by right in the district,
The proposed tower will not restrict the current uses, other by-right uses available on this site or
by-right uses on any other property.
with additional re_malations provided in Section 5.0 of this ordinance,
Section 5.1.12 of the ordinance contains regulations governing tower facilities and appropriate
conditions are proposed to ensure compliance with this provision of the ordinance.
and with the public health, safety_ and general welfare,
The provision of increased communication facilities may be considered consistent with the
public health and safety and general welfare by providing increased communication services in
the event of emergencies and increasing overall general communication services. As noted
previously this tower also serves as a link in the Columbia Gas emergency communication
network and therefore this request may be considered as consistent with the publics safety. The
Telecommunications Act addresses issues of environmental effects with the following language,
'2qo 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 opinion is that the County has no ban or policies that have the effect of
banning personal wireless services or facilities and that decisions regarding the approval of
facilities to provide service is done on a case-by-case basis. Staff offers as support for this
statement the following evidence. Since 1990 the Board of Supervisors has acted on 16 requests
and has approved 11 of these requests. Staff does not believe that the special use permit process
nor the denial of this application has the effect of prohibiting the provision or personal wireless
services. The applicant has not demonstrated that there are no other locations within the proposed
area of service currently available for new tower construction. For this reason, staff does not
believe that denial of this application would have the effect of prohibiting the provision of
services.
The applicant has worked with staff in an effort to identify any suitable location for collocation
which would eliminate the need for construction of a tower. Alternate sites for the construction
of a new tower have not been discussed. No potential collocation sites were identified which
would alleviate the need for reconstruction of the tower on the site under review.
Waiver of a site plan in accord with the provisions of Section 32.2.2 of the Zoning Ordinance.
The text of Section 32.2.2 is attached. The Commission may waive the drawing of a site plan if
requiring a site plan would not forward the purpose of the ordinance or otherwise serve the
public interest. The site review committee has reviewed the request for a site plan waiver. Based
on this review staff is unable to identify any purpose which would be served by requiring the
submission of a site plan. Staff recommends approval of a full site plan waiver subject to one
condition:
1. Provision of one parking space.
SUMMARY:
Staff has identified the following factors which are favorable to this request:
The tower will provide increased wireless capacity and emergency communication which
may be considered consistent with the provisions of Sections 1.4, 1.4.4 and 1.5;
2. The tower will not restrict permitted' uses on adjacent properties.
o
The tower is considered to be a collocation site as it will support both US Cellular and
Columbia Gas Communication facilities.
4. This proposal is for the reconstruction of an existing tower.
Approval of this tower will not require the construction'of an access road or clearing for
electrical service.
The request is generally consistem with the provisions of Section 31.2.4.1 of the
ordinance.
Staff has identified the following factor which is unfavorable to this request:
This site is within the Mountain Resource Area as identified in the Comprehensive Plan,
Open Space Plan.
2. Options for alternative sites have not been exhausted.
3. There is an existing reasonable use of the property.
Staff opinion is that this request generally complies with the provisions of the ordinance and the
Comprehensive Plan. Staffhas noted that this tower is located within the Mountain Resource
Area identified in the Open Space Plan. However, as this is a replacement of an existing tower
staff opinion is that this unfavorable factor is mitigated. The limited amount of activity
associated with this tower and impact on the surrounding area is, in the opinion of staff a factor
which tends to favor this application. Few if any other locations are available which would allow
such a limited activity for the installation of a communication facility. Therefore, staff is able to
support this application.
Should the Board choose to approve this request, staff has provided conditions of approval.
In the event that the Board chooses to deny this application staff offers the following comment:
In order to comply with the provisions of the Telecommunication Act, staff requests consensus
direction from the Board regarding the basis for denial of the application and instruction to staff
to remm to the Board with a written decision for the Board's consideration and action.
RECOMMENDED ACTION:
Staff recommends approval of this request and offers the following recommended conditions of
approval.
RECOMMENDED CONDITIONS OF APPROVAL:
1. Tower height shall not exceed 120 feet.
2. Compliance with Section 5.1.12 of the Zoning Ordinance.
3
There shall be no lighting of the tower unless required by a federal agency. All tower
lighting shall be shielded so as to minimize visibility from the ground.
Staff approval of additional antennae installation. No administrative approval shall
constitute or imply support for or approval of, the location of additional towers, antennae,
etc., even if they may be part of the same network or system as any antennae
administratively approved under this section.
10.
11.
12.
13.
The tower must be designed and adequate separation provided to property lines such that
in the event of structural failure, the tower and components will remain within the lease
al'ea.
The tower shall be disassembled and removed from the site within 90 days of the
discontinuance of the use of the tower for wireless telecommunication purposes.
Tower shall be located as shown on Attached plan rifled "Proposed Cellular Antenna Site
"and initialed WDF November 7, 1997 and on untitled topographic map initialed WDF
November 7, 1997.
Existing trees within 200 feet of the tower shall not be removed without amendment of
this special use permit except as may be authorized by staff to permit construction of the
tower and installation of access for vehicles and utilities.
Except as specifically required by the Federal Aviation Administration of the Federal
Communications Commission, transmission structures shall use colors such as gray, blue
or green, which reduce their visual impacts.
The permittee shall allow other wireless telecommunications providers to'locate on the
tower and site and shall provide the County, upon request, verifiable evidence of having
made a good faith effort to allow such location. Verifiable evidence of a good faith effort
includes, but is not limited to, evidence that the permittee has offered to allow other
providers to locate on the permittee's tower and site in exchange for reciprocal rights on a
tower and site owned or controlled by such other provider within Albemarle County. The
permittee also agrees to execute a letter of intent prior to final site plan approval stating
that it will make a good faith effort to allow such location and will negotiate in good faith
with any other wireless telecommunications provider requesting to locate on the tower or
site.
A report shall be submitted to the Zoning Administrator once a year, no later than July 1.
This report shall state the current user status of the tower. Specifically, the report shall
state if the tower is being used for wireless telecommunication service.
The tower shall be of lattice type construction.
Access road improvements shall be limited to drainage improvements and minimal
grading necessary to improve travel surface and the application of gravel.
The Planning Commission only must take the following action in order to authorize a site
plan waiver.
A waiver of the drawing of a site plan has been granted in accord with the provisions of
Section 32.2.2.subject to the following conditions:
1. Provision of one parking space.
ATTACHMENTS;
A - Location Map
B - Tax Map
C - Applicants Information
D - Topographical Map
E - Letters from the public
F - Purpose and Intent of the Zoning Ordinance
A:\SP9751.RPT
'- It
~en~eim
Oath Comer
CROSSf~OADs
O0O4,
, $~ 9~-51 US Cellular [Goodlow Mountain].
0
ALBEMARLE
COUNTY
IATTACHMENT BI
SP 97-51
U.S. Cellular (Goodlow Mnt.)
35
i
~ sec /
/
EOA ~
.SG~4. E IN FEET
,=____° ....... ?- RIVANNA DISTRIGT SECTION 36
ATTACHMENT C I '
Applicant requests a .~rlance with regard to the setba. ~nsofar as the existing'
outparcel is of limited size. The adjacent areas are'mountainous and not developed.
A setback of 25' is desired Applicant also wishes to SpecialU~PernfitApphcation
request a waiver of the site plan requirement - see attached.
DESCIIlIrrlON OFREQUEST:(Pleas¢ attach additionalinformationasneeded)
Applicant wishes to install a wireless communications facility consisting of a
tower, antennae, small mechanical building and fencing on the NE corner of Goodlow
Mountain, immediately adjacent to an existing clear-cut gas transmission .easement.
Columbia Gas owns and maintains the easement which traverses the mountain on its
north face in an east/west direction. CNS Microwave, Inc. maintains an existing
fee simple outparcel adjacent to the easement at the high point of the ~asement
where a 120' lattice tower exists. The existing tower pre-dates the County
ordinances and consequently does not have a permit. In leiu of attaching to the
older existing tower, the applicant desires to replace the old tower with a newer
tower of similar, but stronger design of the sme height which will accommodate co-
location of U.S. Cellular antennae. All improvemenst to be located on .current ownership.
JuS¥1FICATION:(Please attachadditionalinformation as needed)
Current service levels along both SR 231 and 20 are inadequate. Tho loc~ion of fh~qe
road corridors in low vallegs on either side of ~he Southwest Mountaqnq makes tn~m
difficult to serve. The proposed location,'yery near the [;ounty line will ~nahl~
the applicant to serve the northern limits of these %WO roadways from a single locat~
which currently exists. The site is currently accessed, and will contimm to be
accessed by existin~ gravel roadwag~ ~0 ~he ~ite. No additional clearing will h~
required for the installation. The existing tower will h~ rmmnvm~ mn~ fh~ m~rrnwave
units installed on the new 120' tower..
TAX MAP/PARCEL:
1.O36ao -ce -¢o
OFFICE USE ONLY
2.
ZONED: I'z-A MAG DIST:
REQUESTED UNDER ORDINANCE SECTION: eo .
bx e..,,~ C.., o i,,,n.a~ "~"0 ,..,.,
EXISTING USE:
PROPOSED USE:
HISTORY:
~0
[] SPs:
["] VAs:
[] ZMAs and Proffers:
[~ Letter of Authorization
I:\GENERAL~HARE'~7_,ONING',STACYLSPUSE. FRM L..a.s! Revised 4/30/96
i ATTACHMENT C I
November 2, 1997
Mr. William Fritz
County of Albemarle
Dept. pf Planing and Community Development
401 Mclntire Road
Charlottesville, Virginia 22902-4596
Dear Mr. Fritz:
I am writing this letter in regards to the telecommunications tower Columbia Gas operates at
Goodlow Mt. ( SP 97-51) near Gordonsville, VA. This tower was hit in by a tractor October
1996. The tower fell and was damaged. The lower portion of the tower was re-erected to provide
radio coverage for Columbia field personnel until the tower could be replaced.
Columbia was approached by US Cellular who offered to replace the tower for us, in exchange for
them being able to mount antennas at this site. Columbia would hope that the planning board
would approve US Cellular to build a new tower, so that Columbia can avoid rebuilding their
tower. Allowing US Cellular to rebuild the tower has several advantages over Columbia Gas
rebuilding the tower including:
· The tower would be rebuilt more quickly, maproving service and safety for Columbia Gas
customers. The radio system Columbia operates off of this tower in an integral part of its
emergency communication system.
· The cost of the tower would be borne by US Cellular, and therefore not get passed along to
Columbia Gas's customers.
· An aging, lightweight tower would be replaced with a commercial grade tower, increasing
safety and reliability in the future.
· Other wireless companies would be allowed to locate on the new tower, eliminating the need
for additional towers in the future.
Columbia would sincerely appreciate any action this board could take to allow the tower to be built
before we have to rely on the current tower through another winter heating season. If the board
has any questions, I can be reached at (304) 357-3154. Thank you for your consideration.
Sincerely,
Engineer
CNS Microwave, Inc. - 1700 MacCorkle Avenue S.E., P.O. Box 1273, Charleston, WV 25325 - 1273
ALBEMARLE COUP
I ATTACHMI:N? CI:
i
;O& ~
/
/
5O
"~"' '"'" SECTION 36
.............. RIVANNA DISTRICT
'1141 ~ ~,~lno'~
i! '1~1 9
~o
E
II
../>
//
V
~ATTACHMENT E
NOV
Planning Dept.
6621 Sam Mundy Road
Barboursville, Va. 22923
November 7, 1997
Mr. William D. Fritz, Senior Planner
Department of Planning and Community Development
Albemarle County
401 Mclntire Road
Charlottesville, Va. 22902
Dear Mr. Fritz,
We are writing to voice our strong opposition to the construction of a
cellular tower on Goodlow Mountain adjacent to our property - SP 97-51
U.S. Cellular (Goodlow Mountain).
The Southwest Mountains in northern Albemarle County are virtually
unspoiled by twentieth century technology and the accompanying visual
blight. Routes 20 and 231 that straddle these mountains are noted
scenic routes and help make our area the desirable destination it is.
The proposed tower at 120 feet will most certainly be visible from our
property, the existing tower is not, and will be an eyesore from both
routes 20 and 231. The resulting marginal improvement in area cellular
phone service does not, in our opinion, warrant a large reduction in the
inherent asthetics of our a~ea.
Other less objectionable sites are available like the radio towers in
Ruckersville. We ask you to reconsider approval of this project.
Sincerely,
~aul W. Pearce
Cynthia C. Pearce
ATTACHPIEN'[' E[ '
Ms. Mary Joy Scala
Department of Planning
401 McIntire Road
Charlottesville, Virginia
22902-4596
Frank L. Robinson Jr.
7090 Gordonsville Rd
Gordonsville, VA 22942
October 27, 1997
Dear Ms. Scala:
I want to state my protest of the proposed cellular towers on
Strawberry Hill Farm and Goodloe Mountain in Albemarle County.
The proposed location, of which Route 231 is a scenic byway, is in
the Blue Run Agricultural and Forestal District and adjacent to
historic Edgeworth Farm. The Routes 231 - 22 corridor, between
Gordonsville and ShadWell, has many historic estates and farms that
should be preserved and protected from such encroachments.
These towers, if absolutely necessary, should be located elsewhere
so as to not detract from the beautiful views of these historical
estates and the Southwest Mountains.
I would appreciate your support in the denial of this request.
Sincerely, ~~ ~
JATTACHIflENT E I
MANGHAM MANOR MOHAIRS
901 Hammocks Gap Road
Charlottesville, Virginia 22911
Phone: (804) 973 2222
Facsimile: (804) 973 7108
E-mail: MangManor~aol.com
October 23, 1997
William Fritz
Senior Planner for Albemarle County
401 McIntire Rd.
Charlottesville, VA 22902-4596
Dear Mr. Fritz:
We are writing to express our disagreement with the 2 proposed Centel Towers on our scenic
Keswick road. We understand the need for towers in high metro population areas but lets try & leave the
countryside unblemished - or as undisturbed as possible. Lets work with the facilities in the neighboring
cities of Charlottesville & Culpeper & reduce sprawl & construction. The East side of the Southeast
Mountain Range around Edgeworth Farm already looks like its wired & bunkered for the next, war.
Imagine not just the monstrosity power sub-station to gaze upon & the government hillside installation
but two monolithic phone towers. Lets consider keeping this in check, huh? We are phone carrying
citizens & work well within the "dead air" zones.
Thank you for your consideration,
Joel Mangham
Michele Mangham
ATTACHMENT
Ms. Mary Joy Scala
Department of Planning
401 McIntire Road
Charlottesville, Virginia
22902-4596
Ernest W. Duncan
Glenda L. Duncan
7090 Gordonsville Rd
Gordonsville, VA 22942
October 27, 1997
Dear Ms. Scala:
We want to state our opposition to, and protest of, the proposed
cellular towers on Strawberry Hill Farm and Goodloe Mountain.
These unsightly and monstrous towers will distract from the
beautiful pastoral views of the Southwest Mountains.
The Route 231 - 22 corridor between Gordonsville and Shadwell has
many beautiful and historic estates and farms that should be
protected and preserved at all costs.
We would appreciate your support in denying this request.
IATTACHMENT F,
1.4
PURPOSE AND INTENT
This ordinance, insofar as is practicable, is intended to be in accord with and to implement the
Comprehensive Plan of Albemarle County adopted pursuant to the provisions of Title 15.1, Chapter 11,
Article 4, Code of Virginia, 1950, as amended, and has the purposes and intent set forth in Title 15.1,
Chapter 11, Article 8.
As set forth in section 15.1427 of the Code, this ordinance is intended to improve public health, safety,
convenience and welfare of citizens of Albemarle County, Virginia, and to plan for the future
development of communities to the end that transportation systems be carefully planned; that new
community centers be developed with adequate highway, utility, health, educational and recreational
facilities; that the needs of agriculture, industry and business be recognized in future growth; that
residential areas be provided with healthy surroundings for family life; that agricultural and forestal land
be preserved; and that the growth of the community be consonant with the efficient and economical use
of public funds. (Added 9-9-92)
Therefore be it ordained by the Board of Supervisors of Albemarle County, Virginia, for the purposes of
promoting the health, safety, convenience and general welfare of the public and of planning for the
future development of the community, that the zoning ordinance of Albemarle County, together with the
off icial zoning map adopted by reference and declared to be a part of this ordinance, is designed:
1.4.1
To provide for adequate light, air, convenience of access and safety from fire, flood and
other dangers;
1.4.2
To reduce or prevem congestion in the public streets;
1.4.3
To facilitate the creation of a convenient, attractive and harmonious community;
1.4.4
To facilitate the provision of adequate police and fire protection, disaster evacuation, civil
defense, transportation, water, sewerage, flood protection, schools, parks, forests,
playgrounds, recreational facilities, airports and other public requirements;
1.4.5
To protect against destruction of or encroachment upon historic areas;
1.4.6
To protect against one or more of the following: overcrowding of land, undue density of
population in relation to the community facilities existing or available, obstruction of light
and air, danger and congestion in travel and transportation, or loss of life, health, or
property from fire, flood, panic or other dangers;
1.4.7
To encourage economic development activities that provide desirable employment and
enlarge the tax base; (Amended 9-9-92)
1.4.8
To provide for the preservation of agricultural and forestal lands and other lands of
significance for the protection of the natural environment; (Amended 9-9-92)
1.4.9
To protect approach slopes and other safety areas of licensed airports, including United
States government and military air facilities; (Added 11-1-89; Amended 9-9-92)
! ATTACH PI ENT'~ F ~
1.4.10
To include reasonable provisions, not inconsistent with the applicable state water quality
standards to protect surface water and groundwater defined in section 62.144.85(8) of the
Code of Virginia; and (Added 11-1-89; Amended 9-9-92)
1.4.11 To promote affordable housing. (Added 9-9-92)
1.5
RELATION TO ENVIRONMENT
This ordinance is designed to treat lands which are similarly situated and environmentally similar in like
manner with reasonable consideration for the existing use and character of properties, the
Comprehensive Plan, the suitability of property for various uses, the trends of growth or change, the
current and future land and water requirements of the community for various purposes as determined by
population and economic studies and other studies, the transportation requirements of the 'community,
and the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other
public services; for the conservation of natural resources; and preservation of flood plains, the
preservation of agricultural and forestal land, the conservation of properties and their values and the
encouragement of the most appropriate use of land throughout the county. (Amended 11-1-89)
1.6
RELATION TO COMPREHENSIVE PLAN
In drawing the zoning ordinance and districts with reasonable consideration of the Comprehensive Plan,
it is a stated and express purpose of this zoning ordinance to create land use regulations which shall
encourage the realization and implementation of the Comprehensive Plan. To this end: development is
to be encouraged in Villages, Communities and the Urban Area; where services and utilities are available
and where such development will not conflict with the agricultural/forestal or other rural objectives; and
development is not to be encouraged in the Rural Areas which are to be devoted to preservation of
agricultural and forestal lands and activities, water supply protection, and conservation of natural, scenic
and historic resources and where only limited delivery of public services is intended. (Amended 11-1-89)
Building Code Information
(804) 296-5832
COUNTY OF ALBEMARLE
Department of Building Code and Zoning Servioes
401 McIntire Road, Room 223
Charlottesville, Virginia 22902-4596
FAX (804) 972-4126
TDD (804) 972-4012
Zoning Information
(804) 296-5875
MEMORANDUM
TO:
FROM:
RE:
DATE:
Wayne Cilimberg, Director of Planning & Community Development
Amelia G. McCulley, Zoning Administrator t~(l[L
S.P. 97-51 Goodlow Mountain Tower - Determination Relating to
Restoration of Tower
December 10, 1997
This is to confirm that with the verification of first-hand testimony and/or other documentation,
this tower may be restored to substantially the same as that which existed prior to the accident in
October, 1996. The tower may be returned to the same or lower height, the same or smaller size,
and a similar structure type with modern building components. This determination does not grant
permission for expansion or other change in scale or character from that which predates the
accident. This decision is based on Section 6.6.1 of the Albemarle County Zoning Ordinance.
This section within the nonconforming regulations permits repair and/or restorationin the event of
damage beyond the control of the owner, provided certain time limits are met. It is my opinion
that commencement of repair and/or restoration has begun. The ordinance stipulates that work
shall be completed within twenty-four months of the date of the damage.
The facts upon which this decision is based are as follows:
The tower was erected prior to the date that zoning was adopted in Albemarle and it
has not been discontinued for more than two years. It is a legally nonconforming
use.
The tower was damaged by a tractor doing routine maintenance sometime in the
month of October, 1996. This was an accident which was beyond the control of
the owner and/or lessee.
Repair and restoration was commenced within twelve months of the date of the
damage. The tower was repaired at its present lower height to restore service, with
the intention and future plan to eventually restore it to the licensed height of 120 feet.
Page 2
December 10, 1997
Memo to Wayne Cilimberg
S.P.97-51 Goodlow Mountain Tower Restoration
I understand that there will be someone present for the Board of Supervisors' meeting tonight,
who is able to speak with first-hand knowledge about the damage and the restoration of the
tower. This testimony and/or some other information should document these facts: what damage
occurred; that it was accidental; what restoration has been completed to-date and what had been
the plans for future completion of the project.
Please let me know if you have questions.
.. 9. 1997 10:44AMFRnmCOL GAS TRAMS CHAS WV ~04~5735~6 MO. 66.~ P',~./~l
MEMORANDUM
December, 1997
To: Andy Cipriani
Fram:
JERRY PELKEY
Subj:
Gordonsviile Radio Tower at Goodloe Mountain
We need to restore the radio antennas at Gcodlce mountain to the proper height as
desi snared on the license of 120 feet er 37 meters.The radio site on Goodloe mountain,
which we refer to as Qordonsville Radio is part of e radio repeater system that include
radio repeaters at Gardonsville, Emporia, Richmond and Suffolk, Va. Any of these
repeaters can be selected remotely to provide communication to their respective areas.
This radio system provides emergency and routine communications between area and
district offices and personnel in the field. It also provides communication from vehicle to
vehicle and vehicle to office.
When the tower at Goodloe was lost we made an emergency repair and only put up
enough tower to get the antenna above the trees. The lack of the proper height
provided fair coverage but resulted in some dead spots. We waited to replace this
tower because it was scheduled to be replaced as part of phase 4 of the microwave
replacement project, This would have entailed ilqstalling a 120 foot microwave tower at
Goodloe Mountain that would have been heavier but neither higher nor lighted.
Columbia gas re-engineered in 19ga/g6 and plans were dropped for microwave through
Goedioe mountain.
The fact still remains that in order to communicate effetely with mobiles in the
Gordonsville area it is imperative that the Goodloe site be restored to 120 feet.
Transmitter power (in watts output), receiver sensitivity, ertl antenna heights am the
main factors that determine how well a radio system works. Mathematical calculations
will show that antenrla height has far more effect than any other factor in determining
coverage area for a radio system. We limped along with the antennas where they are
now, but we need to get them back to the license height to better provide for the safe
and efficient operation of the pipeline in the Gc~ionsvllle - Boswells Tavern area and
provide effective radio communications to ~ther areas.
~Tale ,._.e~mu ni,~tions Superintendent
P~at-it' Fax Note 7671
Philip S. Marshall
"Polhavn"
1300 Skyline Drive
Fairbanks, AK 99712
Mr. Wayne Cilimberg
Director of Planning & Community Development
County of Albemarle
Dept. of Building Code & Zoning Services
401 McIntire Rd., Rm. 223
Charlottesville, VA 22902-4596
7 February 1998
Dear Mr. Cilimberg,
As landowner of TM-36, parcel 19, for which US Cellular and
Commonwealth Gas have applied for special use permit 97-51 to
erect a radio/microwave tower on Commonwealth's right of way, I
wish to inform you of my objection to this proposal for the
following reasons:
1) As steward of this land, I wish to pass it on in as "good" a
condition as I received it. The proposed development has adverse
impacts on visual aesthetics, lighting, traffic, and is in
noncompliance with the County's zoning ordinance and the Board of
Supervisors' proposed resolution for the special permit.
2) This land is surrounded by the Southwest Mountains National
Register Rural Historic District. It is zoned
rural/agricultural, with a property tax proviso to keep it
undisturbed. Such proposed development violates the spirit of
these agreements by significantly changing the character of the
district.
3) I have declined to sell or lease to Commonwealth any
additional property because significant adverse visual aesthetic
impact will result from the proposed enlarged development as the
stipulated clear-cutting will result in a gap on the skyline
visible from both east and west sides.
4) As a consequence, the proposed construction cannot meet
condition 2b of the Board's proposed resolution dated 9 January
1998 for the special permit, i.e. in case of failure it will
remain on ROW land.
5) If 3 or more collocators are permitted to place up to six per
user, 2 x 5' microwave panels, on this tower, it will unlikely
meet the resolution's condition 2c of being a "lattice-type"; it
will have become a "solid" tower.
6) Though the concept of collocation is commendable, it can be
argued that the permittee's and its assigns' new activities go
beyond the scope and intent of the original ROW agreement with
the landowner and thus are not permissible.
A more immediate hindrance is that this proposed special
permit is for a continuation of a legal, nonconforming special
use due to damage. Therefore, by Section 6.6.1 of the Albemarle
County Zoning Ordinance, "no such structure shall be enlarged or
expanded as a part of such repair and/or reconstruction.,.
However, section 2a of the Board's proposed resolution to permit
the tower to be constructed to 199'(and section 4a to allow
another 20' of whip antennae) violates this ordinance.
Commonwealth has also indicated (but not on its application) that
it wishes to construct a 12 x 20' building on the ROW.
7) In lieu of these irregularities, it seems ill-advised that
the County has waived the tower site plan requirement and I wish
to petition that such a document be generated.
8) With the possibilty of a heightened tower comes a much
stronger likelihood of FAA's requirement for a light. This
change would conflict with section 2d of the resolution. This
light pollution would be a significant adverse impact in three
counties.
9) My property, those of the adjacent landowners, and the
wildlife habitat along the RO~ access will suffer adverse
environmental impact (trash, noise, road erosion) due to the 300%
or more increase in traffic as US Cellular and each of the other
collocators inspect their equipment 8-12 times per year.
All of these concerns constitute substantial detriment to
the adjacent property. Nor has the applicant demonstrated there
are no other suitable locations. Therefore, I petition you and
the Board to reject the proposed special use permit and maintain
the status quo. Thank you for your consideration.
Respectfully,
Philip S. Marshall
cc W.D. Fritz
A.G. McCulley
M. Keller (McKee/Carson)
Charlotte Humphris
Chair, Albemarle County Board of Supervisors
401 McIntire Rd.
Charlottesville, VA
Dear Mrs. Humphris,
Relativ______e to the Goodlow-Peters Mountain Tower proposal:
(1) The present owner of the property where the tower is proposed has been
misinformed and deceived by Columbia Gas and U.S. Cellular. He is not in favor of this
new tower proposal that would doom his property with one stroke of the pen. I strongly
suggest that you discuss this issue with him prior to any decision.
(2) Doesn't the zoning administrator's ruling apply only if construction of a new
tower had begun within 12 months of the accident? I am not aware of any new tower
construction on the mountain.
(3) Emergency service for Columbia Gas Pipeline communication and fire-rescue,
etc. is being met with the present service. Example: recent total severance of the Columbia
Gas Pipeline in Greene County.
(4) Cellular phone service west of Goolow-Peters Mountain presently exists about
as good as anywhere else. Why not have U.S. Cellular co-locate to get the same coverage?
(5) Most other communities are co-locating communication antennae on water
towers and power substation structures - just observe on a drive from here to D.C. There
would be little or no public opposition and no additional negative environmental impact.
Why not do this on the east side of Peters Mountain?
(6) A Peters Mountain tower does impact the only land use that exist there: forestry.
No trees could be harvested that would endanger these towers and no timber would be
allowed to grow in a surrounding area. Foresters say the Southwest Mountains grow
timber better and faster than anywhere in this nation. I originally formed the Blue Run
Agricultural and Forest District which now runs continuously between the two scenic by-
ways Rt. 20 and Rt. 231, thus bisecting Peters Mountain. Selectively harvesting over 2
million board feel of timber enabled us to purchase this land in order to give lasting
mountain protection.
(7) No mention was made in the review report to the commission or the Board of
Supervisors concerning the fact that almost the entire western slope of Peters Mountain is
in a permanent scenic easement that pre-dates U.S. Cellular's application. This easement
can not be ignored because it is forever - it is not going away. This is the largest scenic
easement in Albemarle County of over 1200 acres, fronting on Rts. 20, 777, and 641. It is the
most restrictive easement in Albemarle County as well, with permanent restrictions
allowing no structures whatsoever above 1300 feet elevation, including no dwellings or
agricultural buildings and no clear cutting. A tower, and all its accessories, is completely
inconsistent with a permanent scenic easement. Reference: Gay Carver and John Sheppard
with Albemarle County.
(8) There is specific reference to no towers being allowed in the deeds of nearly 3000
acres on and immediately around Peters Mountain. Reference: our easement, Mansfield,
and Piedmont Manor.
(9) This request is not for "reconstruction of an existing tower", but rather for new
construction of a new tower, a much wider tower that would be much more visible and
already has plans for multiple coexistences. Nightmares of Carter's Mountain and Piney
Mountain don't belong here.
(10) Visibility is the issue, I wonder how anxious U.S. Cellular and Columbia Gas
would be to build a tower rather than co-locate if you were to have them sign a binding
agreement to remove the tower immediately were lights required by the lzAA? By
relinguishing any possibility of ever subdividing or developing Peters Mountain forever,
we sacrificed financial gain to assure the scenic beauty of the mountain. In the few decades
that we all have left, I hope that any one of you can drive along Rts. 64, 33, 29, 250, 20, 231,
and 15 - to name a few - and look up at Peters Mountain where the gas line crosses, and say
"that mountain is beautiful. I helped preserve that beauty. I made a difference".
Sincerely,
Harold E. Young, Jr., M.D.
cc: Members of the Albemarle County Board of Supervisors
March 8, 1999
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-$823
Willie Mae Perkins
Permit Me, Inc
607 Kelly Avenue
Charlottesville, VA 22902
SP-98-57 Vintage Market
Tax Map 102, Parcel 27C
Dear Ms. Perkins:
The Albemarle County Planning Commission, at its meeting on March 2, 1999, unanimously
recommended approval of the above-noted petition to the Board of Supervisors. Please note that
this approval is subject to the following conditions:
1. Approval of a certificate of appropriateness from the Architectural Review Board prior to site
plan approval. ' .....
2. Approval of Site Plan, which shall satisfy, among all other applicable requirements, the
recommendations of VDOT stated in its 2/22/99 letter from J.H. Kesterson to Juandiego
Wade (copy attached).
3. The existing house may not be used as a residence.
4. The size of the country store shall not exceed 4,000 square feet.
5. Removal of the wooden storage building adjacent to the store.
6. The landscape plan shall meet staffs satisfaction to give adequate screening to the Burton
property adjacent to the store.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on March 17, 1999. Any new or additional
information regarding your application must be submitted to the Clerk of the Board of
Supervisors at least seven days prior to your scheduled hearing date.
Page 2
March 8, 1999
If you should have any questions or comments regarding the above noted action, please do not
hesitate to contact me.
Sincerely,
Juandiego R. Wade
Transportation Planner
IRW/jcf
Cc~
Ella Carey
Amelia McCultey
Jack Kelsey
Steve Allshouse
Jamie Lewis
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
SP 98-57 -Vintage Market
JUANDIEGO R. WADE
MARCH 2, 1999
MARCH 17, 1999
Applicant's Proposal:
The applicant is proposing to add a 12 x 58 foot of retail addition onto the south side of
the existing store, a 14 x 59 foot of storage addition to the rear of the store, to relocate the
main entrance into the store to the south side of the building, and the relocation of the
canopy that covers the gas pumps.
Petition:
The applicant petitions the Board of Supervisors to issue a special use permit to bring a
nonconforming country store into compliance with the Zoning Ordinance in order to
allow the proposed expansion (Attachment A). This use requires a special use permit in
accord with the provision of Section 10.2.2.22 of the Zoning Ordinance. The property is
described as Tax Map 102 Parcel 27C and consists of 1.9 acres zoned RA, Rural Areas
and Entrance Corridor. The site is located on Route 20 south (Scottsville Road)
approximately 5.1 miles south of the intersection with Route 742 (Avon Street) in the
Scottsville Magisterial District( Attachments B & C). This area is not located in a
designated Development Area of the Comprehensive Plan.
Character of the Area:
The character of the area can be described as rural residential. There are many small
residential lots along Route 20 in the immediate area as well as larger tracts that are
under the land use taxation program. This program provides tax relief for land owners
that ,.,se their property for a variety of agricultural or forestal uses. Route 20 is: :tare
scenic byway.
RECOMMENDATION:
Staff has reviewed this request for compliance with the provisions of Section 31.2.4.1 of
the Zoning Ordinance and recommends approval.
Planning and Zoning History_:
The applicant requested a zoning variance [VA 98-27] to reduce the setbacks to allow
for the rear and side additions as well as the construction of a new canopy. At it's
November 4, 1998 meeting, the Board 0fZoning Appeals approved the variance for the
additions to the rear and side, but denied the variance for the construction of the canopy.
The applicant has since made revision to the location of the canopy and the variance
request has been approved. (Attachment E)
Comprehensive Plan:
This site is located in the Rural Areas of the Comprehensive Plan. This site' is located on
an Entrance Corridor and State Scenic Byway. The ARB will review the project for
compliance with their guidelines during the site plan process. (The ARB will hold a
preliminary review of this project on Monday, March 1. Staff will report on the outcome
of that review at next Tuesday's Planning Commission meeting.)
STAFF COMMENT:
Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance.
The Board of Supervisors hereby reserves unto itself the right to issue all special
use permits permitted hereunder. Special use permits for uses as provided in this
ordinance may be issued upon a finding bv the Board of Supervisors that such use
will not be of substantial detriment to adjacent property.
A market was established on this site in the 1940's. This business is considered a
nonconforming use. This is an oppommity to bring the use into compliance with Zoning
regulations. A site plan will be required to accommodate the expansion. It is staff's
opinion that this expansion will not be of any substantial detriment to adjacent properties
owners.
that the character of the district will not be changed thereby,
The size of the proposed canopy will increase from the existing 20x20 canopy to a
24x46. This will impact the character of the area. The current canopy is approximately
20x20. The size and design will be addressed with the ARB through the site plan
process.
and that such use will be in harmony with the purpose and intent of this
ordinance,
Staff has reviewed the purpose and intent of the ordinance as stated in Sections 1.4, 1.5,
and 1.6. Staff finds no conflict with these provisions of the ordinance.
with the uses permitted by right in the district,
This use will not restrict permitted uses on any adjacent property. The adjacent property
owners will still have their residential uses.
with additional regulations provided in Section 5.0 of this ordinance,
The supplemental regulations do not apply to this request.
and with the public health, safety and general welfare.
The Virginia Department of Transportation has provided comments (Attachment D). The
applicant has agreed to implement these recommendations and they will be addressed
during the site plan review process.
SUMMARY:
This proposal allows the existing non-conforming use to come into compliance with the
Zoning Ordinance. The location of a canopy with gas pumps will be subject to site plan
approval. The applicant is proposing to use the existing house on the site for storage.
Staff is recommending *hat residential use not be reinstated.
It is staff opinion that the proposed expansion of the store would not be detrimental to the
area or otherwise inconsistent with the criteria of Section 31.2.4.1 of the Zoning
Ordinance.
RECOMMENDED ACTION:
Staff recommends approval of this ,,quest subject to the fOllowing conditions:
1. Approval of a certificate of appropriateness by the from the Architectural Review
Board prior to site plan approval.
2. Approval of Site Plan, which shail satisfy, among all other applicable requirements,
the recommendations of VDOT stated in its 2/22/99 letter from J.H. Kesterson to
Juandiego Wade.
3. The existing house may not be used as a residence.
4. The size of the country store shall not exceed 4,000 square feet.
ATTACHMENTS:
A - Application
B - Location Map
C - Tax Map
D-VDOT's Comments
E - BZA Variance Approval Requirements
A:sp98-572.do¢
t.,OUIll;y OI ~loemarle
OFFICE USE ONLY
· s~ .' ~'1~'~' 5
Sign# Mag. Dist.
~epartment ot Dqlt.:~ng t. oae:
· i o o 0 o o
ATTACHMENT A
Application for Special Use"Permit
(*staff will assist you with these items)
Number of acres to be covered by Special Use Permit .ia ~onio,. it must be delineated on plat)
Is this an amendment to an existing Special Use Permit?
Are you submitting a site development plan with this application?
El Yes~ No
(3 YesCl No
Contact Person (Whom should we call/write conceming this project?): La..}: I ! ]~.- /T'J,~e_~ l')~v..~'~, ~ -
Address /ao-r
Daytime Phone
City
Fax # E-mail
Owner of land (^s listed in the County's records): ]-.,_.xt ~'1 ~.; ....
%a
Address ~ IO-:3 ~-~o'~S'xt}])c. . . City
DaytimePhone(~'O¢) C"~/- ~oTL.~Fax#(<O,~.wO"'~:~Sg7 E-mail
State V/~ Zip
State ~V/''~''' Zip
Tax map and parcel /0 3, --' ,9-"7 ~-'
~_~lO ih ~,~O_~ 'k~'_~',.t-'; ]j~ '~ ~ Physical Address (if=signed)
Locationofpropertyd=dm=ks. imersegtions, orother~ '~4' '~0 ~ MflOpe:'~ bT.
Does the owner of this property own (or have any ownership interest in) any abutting property? If yes, please list
those tax map and parcel numbers ~ D
OFFICE USE ONLY
Fee amount $ Date Paid
History: ~ Special Use Permits:
,2 Variances: ~/A Q~f 2. '7
Check# t'5~ Receipt# {t/':~/'~ By:
ZMAs and Proffers:
Concurrent review of Site Development Plan?
Letter of Authorization
Yes C] No
401 Mclntire Road-:- Charlottesville,-VA 22902 ':o Voice: 296-5832 .:- Fax: 972-4126
Section '3'1.2.4.1 of the Albemarle County Zoning Ordinance states that, "The board of su~rvisors
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, that the character of the district
will not be changed thereby and that such use will be in harmony with the purpose and intent of this
ordinance, with the uses permitted by right in the district, with additional regulations provided in section
5.0 of this ordinance, and with the public health, safety and general welfare.
The items which Follow will be reviewed by the staff in their analysis of your request. Please complete
this form and provide additional information which will assist the County in its review of your request.
If you need assistance filling out these items, staff is availgble.
What is the Comprehensive Plan designation for th is property?
How will the proposed special use affect adjacent property?
How will the propOsed special use affect the character of the district surrounding the property?
How is tl, e use i~ harmony with ~he purpose and intent of the Zoning Ordinance?
How is the use in harmony with the uses permitted by right in the district?
What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use?
2
: Des&ibe ,your reque~...,, detail and include all pertinent inforn,_.,on such as the numbers of persons
in~t01ved ~nthe use, operating hours, and any unique features of the' use: ~ ) '~'l '{'- o
ATIaACHME~TS REQUIRED - provide two(2) copies of each:
Recorded plat or boundary survey of the pr'~perty requested for the rezoning. If there is
no recorded plat or boundary survey, please provide legal description of the property and
the Deed Book and page number or Plat Book and page number.
Note: If you are requesting a special use permit only for a portion of the property, it
needs to be described or delinea[ed o.n,a Copy of the plat or surveyed drawing.
Ownership information - If ownership of the property is in the name of any type of Iegal
entity or organization including, but not limited to, the name of a corporation, partnership
or association, or in the name of a trust, or in a fictitious name, a document acceptable to
the County must be submitted certifying that the person signing below has the authority
to do so.'
If the applicant is a contract purchaser, a document, acceptable to the County must be
submitted containing the owner's written consent to the application.
If the applicant is the agent of the owner, a document acceptable to the County must be
submitted that is evidence of the existence, and. scope of the agency.
OPTIONAL ATTACHMENTS:
Drawings or conceptual plans, if any.
Additional Information, if any.
I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in
filing this application. I also Certify that the information provided is true and accurate to the best of my
,.
Date
Printed Name
Daytime phone number of Signatory
3
NAM'I~IIQ
fl J.N~AIA~HDYJ. JL,¥
N
./
'~-" ATTACHMENT C
ALBEMARLE COUNTY
9O
· ~,, '~ ;. ,' . '...
',. ' SEE
~ ~~~ · . . -~/..' '~ ,,,
/ " -" '~ ~~./'~ s~-
.,' ~ ~ ----~.~,.- ,-- ....., ~/ , '~':~~,
.~--.,,,-~ ~ ~ '.. / .)% t
~., ~.~ ..." ~ ,,~,. ~ ~.. ,~
"" '~ ~ '- /
% "-., '~ ~ ' /'
~COTT~VILLE DISTRICT
SECTION IO2_.
DAVID
CO M.1VI O HALTH VIRi INIA
DEPARTMENT OF TRANSPORTATION
f~. O. BOX 2013
CHARI.OTTESVIU-E, 22902-2013
ATTACHMr2/T D
A, G. TUCKER
Route 20, Albemarle County
Mr. Juandiego Wade
Dept. o~ Plannin~
%0~ McIntire R~ad
Charlottesville, VA.
Dear Mr. Wade
The above reference~ ~lanwith a revision date oE February 6, 1999 ~s been
reviewed. T~e plan appears =o have a~d=essed some of the comments that were
discussed whe~ we met An t_he field wi~hyou an~ ~.he applicant. The following items
wall need CO be added to the plan on Sheet %3.
1) Indicate 25' radii aC ~oCk entrances-
2) indicate 12.$' distance from Droperty lane to edge of southern entranoe.
3) Indicate 15" diameter CMP ~or so=them entrance. Approximately s0, will
be required. Due to =he minimal separation from =he ~=rto= pro, er=y, the
culverts will need
4) C=lver= in existing center e~cra~ce to be removed.
Plans should indicate obscurin~ old.paveme~n and restoring area
establishing grass wit_h~ the right of way.
Pavement design for ~ew entre=ce will con~isC of 8' ~21-A, 3" BM-2 and
1 1/2"
7) A StOp sig~ iS r~commen~ed nea~ the building au the north entrance.
S) The ~lan~ings as indicated on Sheet #2 apDear ~o block the D=opomed
travelway in =font of the building.
w~en the ~la~ has been reviewed Co reflect these comments and the Planning
Department has granted Einal approval, the DeDar=ment will issue the applica=~ a
Dermit.
Sincerely,
GHK/!dw
J. H. Kesterso~
Per- m Su~. S~ec. SuDv.
TRANSPOR?A'I1ON FOR TH;; 21 ST CENTURY
Building Code Information
(804) 296-5832
COUNTY OF ALBEHARL.E
Department of Building Code and Zoning Services
401 Mcln~re Road. Room 223
Charlott~ville, Virginia 22902-4596
FAX (804) 972-4126
TTD (804) 972-4012
ATTACHMENT E
Zoning Informaaon
(8O4) 296-5875
3anuary 8, 1999
Willie Mae Perkins
607 Kelly Avenue
Charlottesville, VA 22902
Board of Zoning Appeals Action
V. A-98-31 - Tax Map 102, Parcel 27C
Dear Ms. Perkins:
This letter is to inform you that your variance application, VA-98-31, was heard by the
Albemarle County Board of Zoning Appeals on Tuesday, January 5, 1999. The Board ruled
(4:1) to approve your request to reduce the front setback from 75 feet to 50 feet to allow a
freestanding canopy over two new gas pump islands and to reduce the front setback from 75 feet
to 58 feet to allow one of the two proposed gas pump islands under the canopy with the
following conditions:
Regarding the gas pump--
1. Removal of the existing canopy shall occur prior to issuance of any building permits (or
"sub-permits") related to the new gas pumps or canopy.
2. Zoning Administrator approval of additional vegetative screening as required under Section
32.7.9.8(c) between the new pump islands and the single family dwelling to the south.
3. Compliance with the maximum lighting spiilover (0.5 foot-candle) as required under Section
4.17.4(b) even if the luminaires emit less 'than 3000 lumens. (Our previous lighting
regulations controlled spillover from any light source regardless of the number' of lumens.
Currently, the ordinance only regulates spillover if the initial lumen rating is 3000 or ~eater).
4. All light fixtures must be full cutoff luminaires.
Regarding the canopy -
5. ARB approval of the canopy mater/als, colors and design, such that it will not be detrimental
to adjacent properties or the character of the district.
6. This variance is for the 24' x 46' canopy structure requested in this file only. Any addition to
the canopy, even behind the 75' setback, will require amendment to this variance.
Willie Mae Perkins
January 7, 1999
Page Two
7. Compliance with the maximum hghting spillover (0.5 foot-candle) as required under Section
4.17.4(b) even if the luminaries emit less than 3000 lumens. (Our previous lighting
regulations controlled spillover from any light source regardless of the number of lumens.
Currently, the ordinance only regulates spillover if the initial lumen rating is 3000 or greater).
8. All hght fixtures must be full cutoff luminaries.
This approval allows relief from Section 10.4 of the Albemarle County Zoning Ordinance to
reduce the front setback as stated above. If you have any questions, please do not hesitate to
contact me.
Sincerely,
Jan Sprinkle
Chief of Zoning Administration
Cc: Jamie Lewis
COUNTY OF ALBEMARLE
of Planning & Community Development
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
March 8, 1999
Heidi Parker, Esquire
Trembly & Smith, LLP
P O Box 1585
Charlottesville, VA 22902
RE: SP-98-65 Snow's Business Park, Tax Map 90, Parcel 35X
Dear Ms: Parker:
The Albemarle County Planning Commission, at its meeting on March 2, 1999, unanimously recommended
approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to
the following condition:
Use shall not commence until approval of a site plan which complies with the requirements of the
Zoning Ordinance and the recommendations of the ARB as stated in a letter dated February 19,
1999.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive pubhc
comment at their meeting on March 17, 1999. 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,
William D. Fritz, AICP
Senior Planner
Cc: Ella Care.v
Jack Kelsey
Amelia McCulley
Bob Snow
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
WILLIAM D. FRITZ, AICP
MARCH 2, 1999
MARCH 17, 1999
SP 98-65 SNOWS
Applicant's Proposal: The applicant is proposing to utilize an existing fenced area on this property for
outdoor storage and display. It is anticipated that the site would be used by contractors who would store
bulky materials such as pipe, wire, vehicles and other materials outside. The applicant has provided
information on the proposal. [Attachment C]
Petition: The applicant proposes to establish contractor's outdoor storage and display on Tax Map 90, Parcel
35X. This property consists of approximately 5.7 acres zoned LI, Light Industry and EC, Entrance Corridor
Overlay District. Outdoor storage and display in the EC, Entrance Corridor Overlay District requires a special
use permit in accord with the provisions of Section 30.6.3.2B of the Zoning Ordinance. The property is
located on the east side of Route 742 (Avon Street) opposite Mill Creek South in the Scottsville Magisterial
District. The Comprehensive Plan designates this area for Industrial Service in Neighborhood 4.
Character of the Area: The east side of Avon Street is developed with a variety of industrial type uses. The
Snow's nursery is located adjacent and to the south of the site under review. Residential development, Mill
Creek South, is located on the west side of Avon Street opposite the site under review.
RECOMMENDATION: Staff has reviewed this 'request for compliance with the provisions of Sections
30.6 and 31.2.4.1 of the Zoning Ordinance and recommends approval of SP 98-65 subject to conditions.
Planning and Zonin~ History: A site plan was approved on this site in August 1998. That approval
allowed for the storage of materials at the rear of the site in locations not visible from the entrance corridor.
The 1998 site plan also approved the location of an approximately 1,700 square foot building which was in
addition to a previously existing 3,600 square foot building. The applicant had previously made use of the
front portion of this site for outdoor storage. That activity was in violation of the ordinance and has ceased.
Comprehensive Plan: This area is recommended for Industrial Service in Neighborhood 4 of the
Comprehensive Plan. The proposed type of use is consistent with an Industrial Service designation.
STAFF COMMENT:
Staffwill address each provision of Section 31.2.4.1 of the Zoning Ordinance.
Thc 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_,
Limited development of the site is required to accommodate the proposed use as it was previously graded. It
is anticipated that the proposed use will have no negative impact on adjacent property due to the requirements
of the ARB. A site plan will be required prior to the applicant making use of this special use permit. The site
plan review procedure will help to insure that the adjacent properties are not substantially impacted.
that the character of the district will not be changed thereby,
The potential impact of the proposed use on the character of the district has been ~ldressed by the ARB. The
ARB has recommended approval subject to conditions. [Attachment D] With the conditions recommended
by the ARB the character of the district will not be changed.
and that such use will be in harmony with the purpose and intent of this ordinance,
Staff has reviewed this request for compliance with the purposeand intent-of the EC district: Based ~on the
recommendation of the ARB, this use is in harmony with the purpose and intent of the EC District.
with the uses permitted by fight in the district,
Contractors office and equipment storage yard is a use permitted by right in the underlying LI district. The
use will not restrict permitted uses on this or adjacent property.
with additional regulations provided in Section 5.0 of this ordinance,
There are no regulations in Section 5.0 specifically addressing this use.
and with the public health, safety and general welfare.
Compliance with the recommendations of the ARB and approval of a site plan will protect the public health
safety and general welfare.
SUMMARY:
This use is by special use permit due to the use of outdoor storage and display within the Entrance Corridor
Overlay District. This use is permitted by right in the underlying LI district. The Architectural Review Board.
has reviewed this request for its impact on the Avon Street Entrance Corridor. Their action, which is included
as Attachment D, expressed no objection to the proposed use and indicated that conditions of the Special Use
Permit should not limit the ARB review of the final Certificate of Appropriateness. It is staffs opinion that
with the ARB's approval of a Certificate of Appropriateness, this use is consistent with the intent of the
Zoning Ordinance and Comprehensive Plan.
RECOMMENDED ACTION:
Use shall not commence until approval of a site plan which complies with the requirements of the
Zoning Ordinance and the recommendations of the ARB as stated in a letter dated February 19,
1999.
ATTACHMENTS:
A - Location Map
B - Tax Map
C - Applicants's Information
D - ARB action letter and staff report
A:\sp9865 snows.doc
MTN.
C
0
Hall
ATTACHMENT A
. Woodsofls
v
VILLE .':i ii
· SP 98-65
~j,-,/"-~ Snow's Business Park
/
ALBEMARLE
76
COUNTY
ATTACHMENT B <
SP 98-65
Snow's Business Park
0c.
/
6D
16A
tO2
SAMUEL MILLER AND, -
SGOTTSVlLLE DISTRICTS "
SECTION 90
ATTACHMENT C
APPLICATION FOR SPECIAL USE PERMIT
ALBEMARLE COUNTY
1. What is the Comprehensive Plan designation for this' property?
Response: Industrial Service.
2. How will the proposed special use affect adjacent property?
Response: The proposed special use will not negatively affect adjacent property because not only
is the proposed use compatible with the industrial and commercial uses on adjacent properties,
it will also be conducted within an area that is surrounded by an opaque fence, and landscaped
to minimize any visual intrusion on Avon Street Extended.
How will the proposed special use affect the character of the district surrounding
property?
Response: The special use will not negatively affect the character of the district surrounding the
property because the use will be compatible with the industrial and commercial uses in the district
to the north, south and east of the property. Although a residential development is located on
the west side of Avon Street Extended, there is a thick buffer of mature trees separating the
subdivision from Avon Street, so the proposed use will not be visible to the subdivision.
4. How is the use in harmony with the purpose and intent of the Zoning Ordinance?
Response: The use will be in harmony with the purpose and intent of Section 30.6.1 of the
Zoning Ordinance because the site, which will be fenced and landscaped, will be developed in
the manner that protects and enhances the County's attractiveness to tourists and other visitors
traveling on Avon Extended.
5. How is the use in harmony with the uses permitted by right in the district?
Response: The uses permitted by right in the EC District are those which are permitted by right
in the underlying district, which in this case is Light Industry. Pursuant to Zoning Ordinance
§27.2.1.9 contractor's office and equipment storage yards are permitted bY right in Light Industry
districts; however, because the outdoor storage area will be visible from Avon Street Extended,
a special use permit is necessary. Nevertheless, it is important to note that under the Zoning
Ordinance, manufacturing facilities and warehouse facilities are permitted by right within a Light
IndustryXEntrance Corridor district. The proposed contractors' outdoor storage area will be far
less formidable than a manufacturing facility, and somewhat similar to a warehouse facility
because the storage area will be enclosed by an opaque fence and landscaped to minimize any
visual intrusion on Avon Street Extended. Therefore, the proposed use is in harmony with uses
permitted by right in the district.
e
ATTACHMENT C
PAGE 2
What additional regulations provided in Section 5.0 of the Zoning ordinance apply
to this use?
Response: None.
e
How will this use promote the public health, safety, and general welfare of the
community?
Response: The proposed use promotes the public health, safety, and general welfare of the
community because it is an economic development activity providing desirable employment and
enlarging the tax base (see Zoning Ordinance Section 1.4.7), which will be developed in such a
way to protect the scenic beauty of the County as seen by tourists travelling on Avon Street
Extended.
Se
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.
Response: Applicant proposes to operate, a contractors' storage yard, which will accommodate
four contractors. The hours of operation would be from 7 a.m. until 6 p.m. Except for two
security lights, no lighting of the facility is proposed as contractors will not be accessing the
facility at night.
c:\data\snow~use-app.wpd
ATTACHMENT D
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mclnfire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
February 19, 1999
Robert L. Snow
C/o Heidi H. Parker, Esq
Tremblay & Smith. LLP
? 0 Box 1585
Charlottesville, VA 22902-1585
ARB-F(SDP)99-04 Snow': ':-~ ~"~mge Buildings & Yard
Tax Max 90, ?ar:,:! 25X
Parker:
The Albemarle County Architectural Review Board, at its February 16, 1999 meeting, reviewed the above-
noted plan to erect four prefabricated metal buildings and to construct a contractor storage yard, with
associated landscaping and lighting and advisory review of a special use permit for outdoor storage of
contractor's materials in the Entrance Comdor. The Board recommended approval of the special use
permit anct me s~te plan subject to the following
2.
3.
4.
CT¢.~r~v identify' the plantiv, g sWip on the plan. ,
Continue the row of evergreens around the north comer of the site, up to the fence line, or indicate
on the plan why this is not possible. This change may be administratively approved by staff..
Show the gates on the plan. Show the method by which they open to indicate that proposed
plantings will not interfere with the opening and closing of the gates.
Complete lighting information should be provSded. Show proposed locauons of fixtures. Indicate
mounting height. Indicate illumination type of fixture #960%12. Provide security light
information.
The western side of the chain link fence would benefit from additional landscaping to screen its
nortttem end from view along the EC. This change may be administratively approved by staff.
The applicant should note that the site plan must be modified to meet all 'ARB requirements as
indicated on the landscape plan. Changes made to the plan as a result of review by the Planning
Department and/or the Site Review Committee may require additional ARB review.
The chain link fence shall not be fitted with green slats.
Replace the I~ox Crenata with a taller plant that will provide more ora visual barrier. Add
c0hmmar evergreens to the planting islands between the buildings. This change may be
admimstrauve~y approved by staff.
Pag~ 2
February 19, 1999
ATTACHMENT D
PAGE 2
When the required information has been submitted, a Certificate of Appropriateness may be issued. Please subm/t
the required infom~tion at your earliest convenience.
If you have any questions regarding the above-noted action, please do not hesitate to contact me.
Sincerely,
Margaret M. M. Pickart
Design Planner
MMMPIicf
ATTACHMENT D
PAGE 3
ARCHITECTURAL REVIEW BOARD STAFF REPORT
APPLICATION NAME: SNOW'S, INC. STORAGE BUILDINGS AND YARD
APPLICATION TYPE: FINAL SDP and ADVISORY REVIEW
OF THE SPECIAL USE PERMIT
Project # ARB-F(SDP)-99-04 ·
Location Avon Street Extended (east side of Route 742)
ParCel Identification Tax Map 90, Parcel 35X
Zoning Light Industry (LI) and Entrance Corridor (EC)
Magisterial District Scottsville ,'
Proposal Final review of a plan to erect 4 prefabricated metal buildings and to
construct a contractor storage yard, with associated landscaping
ARB Meeting Date February 16, 1999
Date of Staff ReView February 5, 1999
Staff Contact Margaret Pickart
PROJECTBACKGROUND
The ARB reviewed a preliminary application (ARB-P(SDP)-98-38) for this site on December 21,
1998. At that time the Board recommended denial of the special use permit, noting that significant
changes to the plan could result in a recommendation of approval. The Board offered a number of
comments on the site plan for the benefit of the applicant's.final submission. They are listed in the
"analysis" section of this staff report, with each comment followed by an analysis of the cun'ent
status of the issue, based on revisions made for the final submittal.
ARB 2/16/99 Snow's Storage Buildings and Yard Final - Page 1
ATTACHMENT D
PAGE 4
ANALYSIS
The following analysis addresses the comments made at the preliminary review (shown in italics)
and any new information submitted since that time.
1. The chain linkfence is inappropriate for the Entrance COrridor. Significant screening of the
fence is required
The fence has been moved back behind the proposed buildings and a planting island has been
added between the buildings in front of the fence. The western side of the fence has little
screening.
2. The addition of green slats in the chain link fence wouM help screen the items being stored
The chain link fence is identified as a "green slat privacy fence."
3. Moving the front fence line back so that it is in line with the backs of the buildings wouM provide
opportunity for adding landscaping at the sides of the buildings.
The fence has been moved back and planting islands have been added between the buildings.
Add landscaping at the front of the perpendicular fence lines to help soften the appearance of
the sides of the buildings.
Landscaping islands have been added. Proposed plantings in each island include 1 Zelcova
Serrata at 1½" - 1~" caliper and 4 Helleri Holly at 12-18" in height.
The character of the proposed buildings is inappropriate for the Entrance Corridor.
Architectural and/or landscape features should be added to soften the appearance of the~
buildings.
No architectural features have been added. Landscaping in front of the buildings includes Green
Lustre Holly, 12-18" in height at the comers, and 6 Arborvitae at 18-30" in height in front of the
buildings.
6.
Additional landscaping along the EC is required to screen the development. A double staggered
row of white pine trees, 8-10' in height at planting, 8' on center, should be added behind the
proposed Crimson Glory. This will require an increase in the depth of the planting strip to
approximately 40 '.
ARB 2/16/99 Snow's Storage Buildings and Yard Final - Page 2
ATTACHMENT D
10.
PAGE 5
A staggered row of Pinus Strobus, 8-10' in height, 8' on center, has been added behind the
existing planting strip. The depth of the planting strip should be clearly indicated. It should be
noted that the existing Acer Rubrum are identified as 2~A'' caliper and are spaced approximately
40' on center, which does not meet the standard ARB requirements. The ARB requirement for
Entrance Corridor street trees is 3 ~A" caliper trees, 35' on center.
Add one Photinia in front of each maple tree, and move the staggered row of PhOtinia 5-7'
closer to the EC to improve the screening effect.
The Photinia have been switched to Eleagnus, 18-30" in height. They have been positioned in
a staggered row, closer to the EC, with one in front of each street tree, as recommended.
Continue the double staggered row of evergreens around the north corner of the site, up to the
fence line, to help screen the view to the west.
The evergreens have been continued around the north comer of the site, but not all the way to
the fence line. A gate in the fence may interfere with trees planted any closer than is shown;
however, gates are not shown on the plan.
The appearance of the chain link fence along the western side of the site is inappropriate for the
EC. Add landscaping to soften the appearance. ~1 landscaped island at the entrance to the site
may help screen the fence. Please note that an island in this location couM hinder vehicular
access and, therefore, may not be approved by the County. It should also be noted that moving
the proposed fence to the east wouM provide space for a planting strip in this location, while
maintaining the row of parking. (The parking in this location is for the adjacent nursery and
is not required for the site in question.)
A landscaped island has been added at the northwest comer of the chain link fence. No plantings
have been added along the western side of the fence. A landscaped island has not been added
at the entrance, as previously suggested, because it will hinder vehicular access to and from the
site.
Clearly identify proposed parking areas and gravel areas. Remove notes that no longer apply
to the current development, for example "Exist. graveled area to be removed"
Parking areas, providing 4 parking spaces each, have been shown in front of each proposed
building. One space is shown in front of the vehicle entrances to the buildings. The gravel area
is identified. The plan submitted for final ARB review is a landscape plan - not the site plan.
The applicant plans to submit the revised site plan for site plan review at a later date. Staffcan
coordinate review of the site plan with the ARB conditions of approval on the landscape plan.
ARB 2/16/99 Snow's Storage Buildings and Yard Final - Page 3
-ATTACHMENT D
PAGE 6
11. Provide manufacturer's information on the proposed security lights.
Lighting information has been provided. Two types of fixtures are being proposed. Both are
wall-mounted fixtures with a black finish. Fixture #8909-12 is 7" tall, 4 ½" wide, has a visible
white acrylic diffuser, and a 13 watt fluorescent bulb. This fixture emits less than 3,000 lumens,
so the zoning ordinance does not require that it be fully shielded. Fixture #8607-12 has two 120-
watt bulbs, but the illumination type is not indicated. These floodlights would be slightly tilted.
Information has not been provided on the proposed location or number of fixtures. If the fixtures
are security lights that are controlled by sensors that provide illumination for 15 minutes or less,
the manufacturer's information should confirm this.
RECOMMENDATIONS
SITE PLAN
Staff recommends approval with the following conditions:
1. The trees along the EC should meet the standard ARB requirements for size and spacing. The
trees should be at least 3 ½" caliper, 35~ on center.
2. Clearly identify' the planting strip on the plan.
3. Continue the row of evergreens around the north comer of the site, up to the fence line, or
indicate why this is not possible~
4. Show the gates on the plan. Show the method by which they open to indicate that proposed
plantings will not interfere with the opening and closing of the gates.
5. Complete lighting information should be provided. Show proposed locations of fixtures.
Indicate mounting height. Indicate illumination type of fixture #8607-12. Provide security light
information, if applicable.
6. The western side of the chain link fence would benefit from additional landscaping to screen its
northern end from view along the.EC.
7. The applicant should note that the site plan must be modified to meet all ARB requirements as
indicated on the landscape plan. Changes made to the plan as a result of review by the Planning
Department and/or the Site Review Committee may require additional ARB review.
ADVISORY REVIEW OF THE SPECIAL USE PERMIT
With the changes indicated above, staff recommends approval of the special use permit.
ARB 2/16/99 Snow's Storage Buildings and Yard Final - Page 4
ATTACHMENT D
PAGE 7
APPLICATION FOR CERTIFICATE OF APPROPRIATENESS
ROBERT L. SNOW
Written Narrative of how Proposal
is Compatible with Surrounding Area
and the Entrance Corridor Design Guidelines
The buildings for which a certificate'of appropriateness is required are compatible with the
surrounding area because they are similar to other industrial storage shelters located along
Route 742. As noted in the 1995 application staffreport, the size of the proposed buildings as well
as their simplicity of style make them resemble single family dwellings thereby reflecting a human
scale.
With respect to landscaping, applicant has incorporated into the submitted site plan all but
two of the conditions of approval imposed by the Architectural Review Board in its-unanimous
approval of the applicant's 1995 application. For example, applicant proposes to plant large shade
trees with c~l;~erq of at least 3 ½" placed 35' on center on that portion of the parcel 'fronting
Route 742. Applicant will also intersperse red tip photinias (not the dwarf variety) between the large
shade trees along Route 742. To soften the effect of the proposed buildings facing Route '742,
Applicant will. place significant vegetation in islands in front of and on the sides of the buildings.
The conditiOns requiring the planting of materials between buildings and the screening of the chain
link fence have not been incorporated because the contractor storage areas will be acce~oed by gates
in the chain link fence b~Lween the buildings.
With respect to lighting, applicant proposes to install only motion activated security lighting
on the front and rear of the proposed buildings and at the rear of the contractor storage areas.
r
The design of the proposed building combined with the proposed landscaping and minimal
lighting will not only be compatible with surrounding properties, it will also provide a pleasant
visual effect from Route 742.
c :\44\data~snow\narrative.wpd
ATTACHMENT D
PAGE 8
8301-12
Item Number Finish Diffuser, Width Height £xt. Bulbs
4325-68 White White Polycarb. 51/4" 71/2" 4" One (M)
4350-15 White Aluminum White Polycarb. 51/2" 9" . 3 V2" One (M)
4930-68 White White Polycarb. 51/4" 71/2" 4" One (Compact Fluorescent)
4931-15 White Aluminum White Polycarb. 51/2" 9" 31/2" One (Compact Fluorescent)
4966-15 White White Acrylic 11 1/2" 10 13A6" 3 5/8" Two (Compact Fluorescent)
4966-72 Olde Iron White Acrylic 111/2" 10 W16"35/8" Two (Compact Fluorescent)
8301-04 Satin Cast Alum. White ?olycarb. 41,~,, 61,~,, 41/2" One (M)
8301-12 Black Cast Alum. WhitePolycarb. 41/2" 61/4" 41/2" One(M)
8907-12 Black CastAium. Clear ?olycarb. 41/2" 63/4" 6" Two (Compact Fluorescent)
8909-12 Black Polycarb. White Acrylic 41/2" 7" 7" One (Compact Fluorescent)
8926-1 2 Black Aluminum White Acrylic 4 %" 111/4" 21/2" Two (Compact Fluorescent)
Ht Ctr Of Max.
Outlet Box Wattage Footnotes
4'~' 60w ADA, M, TPS,WET
41/2" 60w ADA, TPS
4" 7w ADA, M, TPS,WET
4 1/2" 13W ADA, TPS,E
13w ADA, E
13w ADA, E
33/,- 60w
'33/4" 60W
3 3/4" 7W E
2 1/2" 13w Quad E
4 3/4" 13w ADA
ADA: Meets Federal "Americans With Disabilities Act" Requirements, M: Mount Wall ~r Ceiling, TPS: Tamper Proof Screws Supplied,
Energy Saving FtuorescenC E: Energy Star Version Available: Order Item Number + E Suffix, WET: U.L. LiSted For Wet Location
null lighai.gL 233
ATTACHMENT D
'PAGE
Hght From gtc
Item Number Finish Width Height Ext. Of Outlet Box Bulbs Max. Wattage Footnotes
8338-10 Bronze ~Aluminum) 4 i/~,,?,, 7 %" 23/4" One (M) 65w (BR-30)
83 3 8-1 5 White fAluminum) 4 W' 7" 7 %" 2 ~A' One (~) 65w (BR-30}
8339-1 0 Bronze/Aluminum/ ~" 8 %" 9 %" 3 ~/~" One (~) 120w (BR-40)
8339-1 5 ~ite (Aluminum/ ~" 8 %" 9 %" 3 ~/e" One (~) 120w (8R-40)
8340-I 0 Broke (Aluminum) 5" I5" 8 ~A" 1 W' Two (M) 65w (8R-30) DAMP
'8340-15 White fAluminum, 5" 15" 8 V~" 7 W' Two (M) 65w (BR-30) DAMP
8341-1 0 Bronze lAluminum) 6" 18" 9 V~" 9" Two (M) 120w (BR-40)DAMP
8341-I 5 White (AluminumI 6" ~8" 9 V~" 9" Two (M) ~20w (BR-40)DAMP
8438-I 5 ~ite fAluminum) 4 W' T' One (~) 65w (BR-30) DAMP
8439-1 5 White/Aluminum, 6" 9" One (M) 120w (BR-40)DAMP
8606-1 2 Black/Aluminum/Adj. Swivel Flood Light 53/~" One (M) 120w (BR-40)
8606-1 5 White fAluminum) Ad]: Swivel Flood Light 53A" One (M) 120w (BR-40)
8607-1 2 Black (Aluminum)Adj. Swivel Rood Ligh~ 5 ~" Two (~) i20w (BR-40)
8607-1 ~ ~ite/Aluminum) Adj. Swivel Rood Light 5 ~/~" Two (~) 120w
8642-1 2 Black Polycarbonate Adj. Swivel Rood L~ht 9 ~/~" ~" 53A" Two (M) 90w (PAR 38/HIR)
8642-1 5 White Po~ycarbonate Adl: Swivel Flood Light 9 V2" 4" 53/~" Two (M) 90w (P~R 38/HIR)
9002-1 2 Black/Aluminum) S~ep Ba~e For 8438 And 8338
9003-1 2 Black ,Aluminum) Step Ba~e For 8439 And 8339
9008-1 2 Black Weather Resistant Diffuser For Outdoor Use On 8340
9009-1 2 Black W~ather Resistan~ Diffuser For Outdoor Use On 834I
DAMP: U.L Listed For Damp Location. Items 8340 And 8341 Are Listed For Wet Location If Used With 9008 Or 9009 Weather Resistant Diffuser
gull lighliing 235
March 8, 1999
Dept.
COUNTY OF ALBEMARLE
of Planning & Community Development
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
Mike Brown
2724 Irish Road
Esmont, VA 22937
RE: SP-98-68 Brown's, Tax Map 128, Parcel 92A
Dear Mr. Brown:
The Albemarle County Planning Commission, at its meeting on March 2, 1999, unanimously
recommended approval of the above-noted petition to the Board of Supervisors. Please note that
this approval is subject to the following conditions:
Improvements shall conform with those listed on the plan approved by the ARB dated
1/27/99.
White Pines be planted in a 15' double staggered row of 4-6 foot height along the edge of
pavement behind the canopy.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on March 17, 1999. 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,
Juandiego R. Wade
Transportation Planner
Cc: Ella Carey
Jack Kelsey
Amelia McCulley
William or Kim Brown
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
SP 98-68 BROWN'S MINI MART
JUANDIEGO WADE
MARCH 2, 1999
MARCH 17, 1999
Applicant's Proposal:
The applicant is proposing to construct a canopy over a gas pump island.
Petition:
Proposal to construct a 42 x 24 canopy to cover a new pump island.(Attachment A) This
expansion of an existing non-conforming country store use requires a special use permit
in accord with the provision of Section 6.4.2 of the Zoning Ordinance. The prop~ty is
described as Tax Map 128, Parcel 92A and consists of 2.055 acres and is located at 2724
Irish Road (Route 6) in the Scottsville Magisterial District. The property is zoned RA,
Rural Areas and EC, Entrance Corridor Overlay District.
Character of the Area:
The character of the area can be described as rural. It is located on a primary road with no
other businesses in the immediate area. Route 6 is a State Scenic Highway. The
immediate area can be described as rural residential.
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.
Planning and Zoning History:
In 1987, the applicant obtained a variance for the construction of the canopy.
applicant has never constructed the canopy.
The
Comprehensive Plan:
The Comprehensive Plan designates this property as Rural Areas. The site is located in
Rural Area 4.
STAFF. COMMENT:
Staffwill address each provision of Section 31.2.4.1 of the Zoning Ordinance.
The Board of Supervisors hereby reserves unto itself the right to issue all special
use permits permitted hereunder. Special use permits for uses as provided in this
ordinance may be issued upon a finding by the Board of Supervisors that such use
will not be of substantial detriment to adjacent property.
The construction of the canopy should not cause substantial detriment to adjacent
properties. The applicant has been selling gas and other items in the country store for
many years. Approval of the canopy design is required by the Architectural Review
Board (ARB). The ARB has granted approval with conditions, and has addressed items
such as lighting, canopy size, and color. (Attachment E)
that the character of the district will not be changed thereby,
This area is undeveloped and rural. The addition of a lit 42 x 24 canopy with lighting
will have some visual impact to the area. The ARB has approved the canopy design and
lighting plan.
and that such use will be in harmony with the purpose and intent of this
ordinance,
Staff has reviewed the purpose and intent of the ordinance as stated in Sections 1.4, 1.5,
and 1.6. Staff finds no conflict with these provisions of the ordinance.
with the uses permitted by right in the district,
The
oper,,, ......the countu store with accessory gasoline sales is permitted in this
district with a special use permit. This use should not conflict with by-right uses as no
building expansion or other change, other than installation of the gas pump canopy, is
proposed.
with additional regulations provided in Section 5.0 of this ordinance,
Section 5.1.20 of the ordinance ~laces regulation on the sale of gasoline products.
and with the public health, safety and general welfare.
The public health, safety and general welfare should not be impacted. VDOT comments
can be found on Attachment D. VDOT is recommending the applicant move the pumps
12 feet from the right of way line: Variance has been granted by the BZA .for the
proposed location. The applicant has submitted a plan that shows the pumps 'located at
VDOT's recommended location.
SUMMARY:
The applicant was required to replace his gas storage tanks by Environmental Protection
Agency (EPA) regulation. The applicant is using this opportunity to protect his
petroleum customers from the weather by the construction of a canopy.
The gas pumps will shiit slightly back from Route 6 to allow the canopy to be centered
over the pump islands and cover vehicles on both sides of the island without encroaching
into the right-of-way. The ARB has approved the location of the canopy.
Staff recommends approval of SP-98-68 Brown Market for the construction a 42 x 24
canopy with the following condition:
o
Improvements shall conform with those listed on the plan approved by the ARB
dated 1/27/99.
ATTACIiMENTS:
A- Application
B - Location Map
C - Tax Map
D - VDOT comments
E - ARB Approval Requirements
A:~pg868 browns.doc
Co. unty of Albew~-:le .:o
OFFICE USE ONLIL
Sign# Mag. Dist.
Department of Buil0~ Code and .¥ ',=~,'~ ·
ATTACHMENT A
TMP. ( ~ g .O O OO 0 O (,~ '¥ ',,z,_ /--I- ~
Application for Special Use Permit
Project Name ~ho~ ~hoa~ ,,~ r~rcr ~o ~i~ ~p~icaoon':) ~O~t,~ !~ ~)~
./
*Existing Use C' ~'0~...-(~
*Zoning District ~-, ~
(*staff will assist you with these items)
Proposed Use ,fj~ ft} C
*Zoning Ordinance Section number requested
Number of acres to be covered by Special Use Permit (ira poraa, it,n.~ ~ d,~,,~ o. piao
Is this an amendment to an existing Special Use Permit?
Are you submitting a site development plan with this application?
Contact Person (Whom should we call/write concerning this project?):
Address ~Q.? aq "7~g-/J ~1 /~0fu9
/2 Yes~, No
~ Yes/~'No
City ~a'~tN~ . State
Fax g ~ g' qq gQ E-real .
_. Zip
Owner of land (As'listed in the c~,0~y.'s records): b~, LLa et t~
Daytime Phone ( ~ ) ~r~._ ~]...--'] ~ q Fax #
City O/]/'./OJ'O,!( State(~
q? f"l E-mail
.. Zip j~v~?~L
Applicant (Who is the contact person representing7 Who is requesting the special use?):
Address '~ t'~ ~ City
Daytime Phone ( ) Fax # .E-mail
State Zip __
\
Tax map and parcel , 1 ~-.'[ -- ~. -- C~'~).~.
Location.or- p~'operty (landmarks, intersections, or other)
Physical Address (if assigned) X"']~-~'. ~ T~$ ¥~
Does the ow ,n.'er of this property own (or have any ownership interest in) any abutting property? If yes, please list
thosetax mal~ and parcel numbers _ ~ {~0
Feeamount$ OatePaid .,[C~'")'~'~' Check// I~/~G~ Receipt#
History: ~ S~cial Use Permits: ~ ZMAs and Proffers:
~ Variances: ~ ~ ~ ~
~ Lette~of)uthofization
Congu~ent review of Site Development Plan? O Yes ~o
401 Mclntire Road o:- Charlottesville, VA 22902 .:- Voice: 296-5832 o:. Fax: 972-4126
Section 31.2.4.1 of the Albemarle County Zoning Ordinance states that, "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, that the character of the district
will not be changed thereby and that such use will be in harmony with the purpose and intent of this
ordinance, with the uses permitted by right in the district, with additional regulations provided in section
5.0 of this ordinance, and with the public health, safety and general welfare.
The items which follow will be reviewed by the staff in their analysis of your request. Please complete
this form and provide additional information which will assist the County in its review of your request.
If you need assistance filling out these items, staff is available.
What is the Comprehensive Plan designation for this property?. ~[LI. t~D [,.~/
How will the proposed special use affect adjacent property? ~.M. 1 ,ffJ", ~ ra ~-
How will the proposed special use affect the character of the district surrounding the property ? _~ ) J,'~ ~ ~,-~.~
How is the use in harmony with the purpose and intentof the Zoning Ordinance? C?f }-/'77/~'~
How is the use in harmony with the uses permitted by right in the district? ~".~ !a~? t4 ~.
What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use? ~"X I ~ e/~-~
How will this use promote the public health, safety, and general welfare of the community?
2
D. escribe your request in detail and include all pertinent information such as the numbers of per.sqns
involved in the use, operating hours, and any unique features ofthe use: "f'0 ~,(,/) ,~7~.~ ~' ~/~ 2
ATTACHMENTS REQUIRED - provide two(2) copies of each:
Recorded plat or boundary survey of the property requested for the rezoning. If there is
no recorded plat or boundary survey, please provide legal description of the property and
the Deed Book and page number or Plat Book and page number.
Note: If you are requesting a special use permit only for a portion of the property, it
needs to be described or delineated on a copy of the plat or surveyed drawing.
Ownership information - If ownership of the property is in the name of any type of legal
entity or organization including, but not limited to, the name of a corporation, partnership
or association, or in the name of a trust, or in a fictitious name, a document acceptable to
the Co,,nty must be submitted certifying that the person signing below has the authority
to do so.
If the applicant is a contract pumhaser, a document acceptable'to the County must be
submitted containing the owner's written consent to the application.
If the applicant is the agent of the owner, a document acceptable to the County must be
submitted that is evidence of the existence and scope of the agency.
OPTIONAL ATTACHMENTS:
Drawings or conceptual plans, if any.
Additional Information, if any.
I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in
filing this application. I also certify that the information provided is true and accurate to the best of my
knowledge.
Signature
Printed Name
Date
Daytime phone number of Signatory
¢.
0
i
fid R. GEHR
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
F~. O. 8OX 2.013
CHARLO'ITESVILLE. 22902-2013
ATTACHMENT D
J/ l'.l 1
Plannincj Dept.
A. G. TUCKER
RESIOENT ENGINEER
January 14, 1999
Submittals for February
Public Hearings
Ron Keeler
t. of Planning &
y Development
)1 McIntire Road
~tesville, VA.
22902
:ar Mr. Keeler:
Please find our comments listed below for February Public Hearings:
SP-97-51 US Cellular, Route 777
This should not impact local County roads and does not appear to enter parcel
from a State maintained roadway.
SP-98-68 Brown"s, Route 6
Ii'Pre t a
sently he entrance h s uncontrolled access. We recommend that islands be
constructed to define entrance and that the pump fueling station be at a
minimum of 12 feet from the right of way line. The canopy shall not overhang
the right of way line, which is %0 feet from the center!ine of Route 6.
SP-98-69 Blue Ridqe Community Church, Route 1120, Greene County
The proposed church would be located at the end of a narrow private road,
however the turning radius needs to be improved to a minimum of 25 feet at the
intersection of Route 1120 and Lake Saponi Terrace. (private road) There are
several large rocks and an existing rack of mail boxes that should be
relocated to allow for a quicker, safer turning movement. The width of Lake
Saponi Terrace should meet minimum'commercial entrance standards. (30 foot
width @ right of way)
TRANSPORTATION FOR THE 215T CENTURY
ATTACHMENT E
Febmary19,1999
COUNTY OF ALBEMARLE
Dept~ of Plannin9 & Community Development
401 McIntire Road
Charlottesville, Virqinia 22902-4596
(804) 296-5823
William IV[ Brown
2724 Irish Road
Esmont, VA 22937
ARB-F(SDP)-98-16 Brown's Market Canopy
Tax Map 128, Parcel 92A
Dear Mr. Brown:
The Albem~le County Amhitectuml Review Board, at its February 16, I999 meeting reviewed the above-noted
request for a Certificate of Appropriateness a plan to erect a canopy over new fuel dispensers at Brown's Market.
'r~ Board approved the application 3-I with the following conditions:
The monument sign will have an opaque background, illnmina~ed Citgo Delta, and illuminated price
numoers. ~t' mcmaea, me credit card band will not be illuminated.
Color of the canopy and dispenser to be beige to match those of Herringbone's Deli.
Elements added to the plan to meet safety requirements, for example, guard rails, my be approved
adminimmively by staff.
Canopy to have 13" radius comers as submitted without the brick bases on a~e columns.
Complete the application and submit the $160 fee.
The applicant should note that signs on the canopy must be re-dewed by the Zoning Deparunent. It is
likely that only one sign will be permitted. ~
When the required information has been submitted, a Certificate of Appropriateness may be issued. Please submit
the required information at your earliest convenience.
If you have any questions regarding the above-noted action, please do not hesitate to contact me.
Sincerely,
Margaret M. 1VI Pick,art
Design Planner
BCARD OF SUPERVISORS
COUNTY OF ALBEMARLE
Dept, of Planning & Community Development
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
February 5, 1999
Davic~ L. Butt
Blue Ridge Community Church
P. O. Box 522
Ruckersville, VA 22968
RE: SP-98-69 Blue Ridge Community Church, Tax Map 21, Parcel 32B
Dear Mr. Butt:
The Albemarle. County Planning Commission, at its meeting on February 2, 1999,
unanimously recommended approval of the above-noted petition to the Board of
Supervisors. Please note that this approval is subject to the following conditions:
No building shall issue without prior written approval of the septic disposal
system by the Health Department. The septic disposal system shall be designed to
adequately serve a congregation of 250 persons.
The sanctuary building shall not exceed 4,000 square feet. The actual size of the
sanctuary building shall be subject to, and may be limited by, the parking space-
to-fixed seats or area of assembly ratio applicable to churches set forth in section
4.12.6.6.2 of the Zoning Ordinance.
The construction of the sanctuary building shall commence within five years
a~er the date of approval of this special use permit and shall be completed within
one year after construction is commenced.
All residential uses, except for the use of one apartment unit to provide housing
for a watchman, shall be discontinued prior to the issuance ora building permit.
This special use permit authoriZes only the construction of a 4,000 square foot
sanctuary and an increase in the size of the congregation fi.om 100 to 250
persons. Any other use including, but notlimited to, a child day care facility, shall
require a separate special use permit or an amendment of this special use permit.
Please be advised that the Albemarle'County Board of Supervisors will review this
petition and receive public comment at their meeting on March 17, 1999. Any new or
Page 2
February 5, 1999
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,~ a~
'Juandiego W
Transportation Planner
JW/jcf
Cc: ~a Carey
Amelia McCulley
Jack Kelsey
Steve Allshouse
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
JUANDIEGO WADE
FEBRUARY 2, 1999
MARCH 17, 1999
SP 98-69 BLUE RIDGE COMMUNITY CHURCH
Applicant's Proposal:
The applicant is requesting permission to expand an existing special use permit to allow
250 people to attend church at the site and approval to construct a 4,000 square foot
sanctuary building in the future. The church intends to construct a new sanctuary in the
future and use the existing buildings as supporting uses. The apartments will be used as
offices, Sunday school rooms ,and one as an apartment for a watchman. The existing
detached home will be used as a fellowship hall.
Petition:
Petition to amend special use permit 86-42 to allow the congregation to expand from
100 to 250 people and to allow construction of a 4,000 square foot sanctuary building in
the future. The property, described as Tax map 21 Parcel 32B, contains 19.679 acres is
located in the Rivanna Magisterial District at 5350 Lake Saponi Terrace off Route 29
north. The property is zoned Rural Area- RA. The Comprehensive Plan designates this as
Rural Areas. The site is located in Rural Area 2.
Character of the Area:
The character of the area can be described as rural residential. There is currently a single
family unit, an apartment building with ten units, a picnic shelter, and tennis courts on the
site. There is a single dwelling unit along the private road leading to the site. The
applicant does not plan to remove any buildings.
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.
Planning and Zoning History_:
In 1986, this property was granted a special use permit for a church. Zoning has given
clearance for this church to re-activate the existing special use permit. SP 86-42 allows
the church to use the former "cafeteria/lodge building", but not the apartment building,
and limits the seating capacity to 100 persons. (Attachment D) The buildings have been
in existence for many years, originally as a camp for the handicapped, then a church, and
now apartments and currently all residential - one single family and 10 apartments.
Comprehensive. Plan:
This area is located in Rural Area 2. This area is designated as Rural Area in the Land
Use Plan. The Open Space Plan concept map shows this area as containing significant
farmland and forest area.
STAFF COMMENT:
Staffwill address each provision of Section 31.2.4.1 of the Zoning Ordinance.
The Board of Supervisors hereby reserves unto itself the right to issue all special
use permits permitted hereunder. Special use permits for uses as provided in this
ordinance may be issued upon a finding by the Board of Supervisors that such use
will not be of substantial detriment to adjacent,property.
This proposal should not have a detrimental impact to adjacent properties. The
applicant's proposal would not increase the traffic impact as compared to current use.
The current estimated vehicle trips per week with eleven residences is 532. The
estimated vehicle trip per week for the church for weekdays and Saturday is 276 and 146
on Sundays for total of 422 vtpd. The closest home is approximately 400 feet from the
apartment building and should not be adversely impacted by the future development of
the church.
that the character of the district will not be changed thereby,
The character of the district should not be changed in any way. The surrounding
properties should not experience any changes in character. The church only expects a
few occasional meetings during the week.
and that such use will be in harmony with the purpose and intent of this
ordinance,
Staff has reviewed the purpose and intent of the ordinance as stated in Sections 1.4, 1.5,
and 1.6. Staff finds no conflict with these provisions of the ordinance.
with the uses permitted by right in the district,
If permitted, the church will not negatively impact any uses permitted by right in the
immediate area. This 19.67 acres zoned RA could support up to 5 dwelling units by right
and still have sufficient area for this church. Since there are currently more dwelling units
then would be currently allowed by ordinance, this church can still retain the by right
uses of the district and have a lesser impact on the land.
with additional regulations provided in SectiOn 5.0 of this ordinance,
The supplemental regulations do not apply.
and with the public health, safe _ty and general welfare.
This use will not negatively impact the health, safety, and general welfare of the
community. The site is connected to the Greene County public water system. The
applicant has not received approval from the Health Department regarding adequacy of
the septic system. Staff expects approval based on conversation with the Health
Department. VDOT's comments can be found on Attachment E. They applicant has
agreed to move the mail boxes and the boulder VDOT recommended. This should give
vehicles an adequate amount of room to mm around. If should be noted that Lake Saponi
Drive is not located at a crossover on Route 29. This should not be a problem because the
church services will be held during non peak hours. VDOT did not consider this an
issue.
SUMMARY:
The church's plan is to move into this facility on or about April 1, 1999 and is contingent
on the approval of this special use permit. The applicant proposes to use one apartment
unit for watchman purposes. The Planning Commission must grant this use.
The Planning Commission and Board of Supervisors must give a approval for the
following:
The construction of a 4,000 square foot sanctuary in the future.
To increase the size of the congregation from 100 to 250 persons.
RECOMMENDED ACTION:
Staff recommends approval of this request with the 'following conditions:
No building permit shall be issued without prior written approval of the septic
disposal system by the Health Department. The septic disposal system shall be
designed to adequately serve a congregation of 250 persons.
The sanctuary building shall not exceed 4,000 square feet. The actual size of the
sanctuary building shall be subject to, and may be limited by, the parking space-
to-fixed seats or area of assembly ratio applicable to churches set forth in section
4.12.6.6.2 of the Zoning Ordinance.
The construction of the sanctuary building shall commence within five years
after the date of approval of this special use permit and shall be completed within
one year after construction is commenced.
All residential uses, except for the use of one apartment unit to provide housing
for a watchman, shall be discontinued prior to the issuance of a building permit.
¸5.
This special use permit authorizes only the construction of a 4,000 square foot
sanctuary and an increase in the size of the congregation from 100 to 250
persons. Any other use including, but not limited to, a child day care facility, shall
require a separate special use permit or an amendment of this special use permit.
ATTACHMENTS:
A- Application
B - Location Map
C - Tax Map
D - SP 86-42 Conditions of Approval
E - VDOT comments
A:\sp9869 blue ridge report, doc
' ":. CmJnty of Albemarle.
Sign# Mag. Dist.
Department of Building C'-~de anti Zor
Application for Special Use Permit
ATT,! CHMENT A
*Existing Use re~fa[ ~;o~.r/'rnenl~ tJoudifo~: Proposed Use C/~ ga're ~
*Zoning District ~ ~ *Zoning Ordinance Section number requested
(*~:::rr win ~s~i~t yin: wi:h t,¢~¢ i:~m~> /q ~
Number of heres to he covered by Special Use Permit u~a p,,rm., i~ :,,.~t t,¢ delineated t.t plat} ,
Is this an nmendment to an existing Special Use Permit? ~d~'esCl No
Address to, O, ~oX, ~4oq . . _ City.., It~uckerso:,/]~._ State. t/,,q', . Zip ,.?,~¢'d,,..g I'
[ DaytimePhone(o°¢5/ ) ~g'~q" -~ag g,~ Fax #(SWV) qo%S~ g'2gd
Owner of land {As listed in thc County's records):
]Address '7~ 0 '7
Daytime Phone ( ~'d~ ) 97c3- 72.00
City ('_hc{vk,'t+e~$,ll-c State X/R Zip2.2-qll
Fax #(80'/) 973--q~/cl E-mail
Address /w..o. tS~c~ &Z~ City
1
State e',/¢ Zip Z~-c)'~gg''
/Tax map and parccl 7"/79 2/ ~/°c/.'. '.-,R2/~ PhysicalAddresstir,.~.~ig,,.o,...5'2,~O Zw4¢
Does the owner of this property own (or have any ownership interest in) any abuttin~ property? If yes, please list
those tax map and parcel numbers ~
OFFICE USF. ONI.Y
Fcc amount $ f~".~") .Date I'::id // /'--J&*
ttislory: ~."SJ'~cci:tl Usc I'c,'lnits: _~ ~_02~-¢}--~. - 14''~
Variances:
Co,~current review of Site Dcvclo'pmcnt Plan?
~ ZMAs :md Proffers:
UA..L-~tcr of At,thorizauon
UI Yes 71 No
401 Mclntire Road + Charlottesville, VA 22902 -:- Voice.: 296-5832 -:- Fax' 972-4126
Section 31.2.4.1 of the Albemarle County Zoning Ordinance states that, "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, that the character of the district
will 'not be changed thereby and that such use will be in harmony with the purpose and intent of this
ordinance, with the uses permitted by right in the district, with additional regulations provided in section
5.0 of this ordinance, and with the public health, safety and general welfare.
The items which follow will be revie,ved bv the staff in their analysis of your request. Please complete
this form and provide additional information which will assist the County in its review of your request.
If you need assistance filling out these items, staff is available.
What is the Comprehensive Plan designation for this property ? tGtg Fo //~re(,r..5
Howwilltheproposedspecialuseaffectadjacentproperty? *~ t~ ~ -/Je pg'cWg, r/O
How will tKe proposed special use afl, ct the character of the districffsurrounding the property'?
How is the use in harmony wid~ tl~c purpose and intent of the Zoning Ordinance?
How is the use in harmony with the uses permitted by rieht in the district? C~urcAe~
What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this usc'?
How will this use promote the public health, safety, and general welfare of the commun,ty?.
Community Church
P.O. Box 4918 · Charlottesville. Virginia 22905 · 804-293-2229
STATEMENT CONCERNING AUTHORIZED SIGNATURES
Governing Body (SeSsion o f the Church):
Karl Bowden, Elder
Robert Hutchison, Elder
John Manzano, Moderator, Senior Elder
Bruce Wardell, Elder
The governing body of Christ Community Church unanimously ag-reed to authorize
David L. Butt and/or David Ward to sign any and all notes and contractual agTeements
relating to legal transactions of Christ Community Church' (North) D.B.A. Blue Ridge
Community Church without the written sig-natures of the remaining eiders mentioned
above. This document should be renewed on January 1 of each calendar year.
Karl A. Bowden Date
l~:obert Hutchison
Date
Current renewal date: August 1, 1998
Current expiration date: December 31, 1998
C. Ray Beard
2073 Cypress Drive
Charlottesville, Virginia 22911
December 9, 1998
County of Albemarle
Dept. of Building Code & Zoning Services
401 Mclntire Road
Charlottesville, Virginia 22902
Dear Sir:
My property located in Lake Saponi is currently under contract to Blue Ridge
Community Church. Therefore, I hereby consent to having Mr. David Butt, Pastor of
Blue Ridge Community Church sign on my behalf for his application for a "Special Use
Permit".
Thank you for your assistance. If you have any questions or concerns about this
application, please call me at 973-7200.
Sincerely, /~ _
C. R~/Beard ~
Describe your request in detail and include all pertinent information such ,~s the numbers of persons
involved in the use, operating hours, and any unique features of the use:
FOe ~1~ J~/~ /o e~pcmcJ o~r ~p~l ~e~rm~¢ ~ ~1/o~ ~ /o ~,~
rXCUM N S - p ovide t,vo(2) copies of each:
~ 1. Recorded plat or boundary survey of the property requested for the rezoning. If there is
no recorded plat or boundary survey, please provide legal description of the property and
the Deed Book and page number or Plat Book and page number.
Note: If you are requesting a special use permit only for a portion of the property, it
needs to be described or delineated on a copy of the plat or surveyed drawing.
Ownership information - If ownership of the property is in the name of any type of legal
entity or organization including, but not limited to, the name of a corporation, partnership
or association, or in the name of a trust, or in a fictitious name, a document acceptable to
the County must be submitted certifying that the person signing below has the authority
to do so.
If the applicant is a contract purchaser, a document acceptable to the County must be
submitted containing the owner's written consent to the application.
If the applicant is the agent of the owner, a document acceptable to the County must be
submitted that is evidence of the existence and scope of the agency.
OPTIONAL ATTACHMENTS:
Drawings o:' cor~ceptual plans, if any.
Additional Information, it' any. st'~
I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in
filing this application. I also certify that the information provided is true and accurate to the best of my
knowledge.
ture 7,,'
Printed Name
Date
Daytime phone number o'f Signatory
MOUNTAIN
BUCI( ~'~,
MTN. -~...
,,,o') '
//
ATTACHMENT B
/ ' ~...
I
m
.<
I
1
I
I
I
I
./'
ALBEMARLE
COUNTY
ATTACHMENT C
ZI
18
Z~
SP 98-69, Blue Ridge Community Church
33
WHITE HALL AND
RIVANNA DISTRICTS
SEE Z~"
SECTION 21
Of a
DEPARTMENT of PLANNING and COMMUNITY DEVELOPMENT
401 Mclntlr® Road
Charlotteavllle, VA 22901-4596
804 296-5823
_~TTACHMI~NT D
August 22, 1986
Saponi Corporation
P. O. Box 7077
Charlottesville, VA 22906
ATTN: J. F. Bishop, president
RE: SP-86-42 Saponi Corporation
Dear Mr'. Bishop:
The Albemarle County Board of Supervisors, at its meeting on
August 20, 1986, approved the above noted petition by vote of
5/0/1, with the following conditions recommended by the Planning
Commission:
1) Seating capacity limited to 100 people;
2) Health Department verification that septic facilities are
adequate for proposed church use;
3) Staff approval of parking expansion.
If yo~ should have any questions or comments regarding the above
noted action, please do not hesitate to contact me.
S~er~y, _//.,
pJ~~P ':~~~r~eC~opment
cc: Ms. Lettie E. Neher
SUPERVISORS
COUNTY OF ALBEMARLE
Dept. of Plannin~ & Cornmunitg Development
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
February 19, 1999
Michael Merriam
P OBox 16
Charlottesville, VA 22902
RE: SP-98-72 The International Center for Jefferson Studies,Tax Map 92, Parcel 1
Dear Mr. Merriam:
The Albemarle County Planning Commission, at its meeting on February 16, 1999, 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 International Center for Jefferson Studies, including the proposed research
library, shall be operated in accordance with the Attachment to Application for
Special Use Permit for The International Center,for Jefferson Studies dated
December 14, 1998 and initialed "SET 1/11/99," and the letter from Michael B.
Merriam dated February 1, 1999, herein included as Attachment B;
No subdivision of the property shall occur without amendment of this Special Use
Permit;
A turn and taper lane shall be constructed from the. entrance to the western
property lane, in accordance with the January 14, 1999 letter from VDOT;
All uses associated with the International Center for Jefferson Studies shall comply
with the commercial setbacks set forth in Section 21.7 and the lighting
requirements of Section 4.17.2(a) of the Zoning Ordinance.
MONTICELLO
Statement by Daniel P. Jordan, President, Thomas Jefferson Memorial Foundation,
before the Albemarle County Board of Supervisors, March 17, 1999
I'm Dan Jordan, President of the Thomas Jefferson Memorial Foundation, the
private, nonprofit corporation that has owned and operated Monticello since 1923.
At the outset, I would like to commend your planning staff and especially Susan
ThOmas, all of whom have been very supportive, helpful, and professional about our
project.
The staff report is thorough and detailed -- and we're pleased to endorse its
findings.
The Foundation's mission is preservation and education -- to save and to share --
and it rests squarely on serious and sustained research, which requires an active and
up-to-date library.
Our current facility, which is located in the small gatehouse at the entrance to
Monticello, is totally inadequate and has been undersized for many years.
We propose to build a new library on the site of Kenwood, virtually next door, on
land that the University of Virginia owns and has leased to the Foundation on a
long-term basis.
In addition to advancing directly the mission of the Foundation, the library would
also be a valuable resource for scholars and residents at our International Center for
Jefferson Studies, at Kenwood, as well as for students of Jefferson everywhere.
We would appreciate your support of this consequential undertaking.
I would be pleased to respond to any qUestions you might have about it.
· Thank you.
THOMAS JEFFERSON MEMORIAL FOUNDATION~ INC.
POST OFFICE BOX 316
CHARLOTTESVILLE~ VIRGINIA 22902
~'HO~E 8o4 984.98o8 FAX 804 977'7757
http://www, monticello.org
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
SUSAN E. THOMAS
FEBRUARY 16, 1999
MARCH 17, 1999
SP 98- 72 The International Center for Jefferson Studies
Applicant's Proposal:
The Thomas Jefferson Memorial Foundation (TJMF) proposes to construct a 15,000 sq. ft.
research library at Kenwood, a (formerly) private residence that has housed the International
Center for Jefferson Studies (ICJS, the "Center")since 1992. Kenwood is located approximately
2-1/2 miles east of Monticello on the Thomas Jefferson Parkway (Route 53). A location map is
included as Attachment A. Attachment B is the'applicant's special use permit justification.
Petition:
Request for special use permit to allow establishment of a private research.library associated with
existing residential and research facilities, in accordance with Section 10.2.2.5 of the Zoning
Ordinance which allows for private schools within the RA, Rural Areas District. The property,
described as Tax Map 92 Parcel 1, contains 78.5 acres, and is located in the Scottsville
Magisterial District on the Thomas Jefferson Parkway (Route 53) approximately 2-1/2 miles
from its intersection with the Scottsville Road (Route 20 South). The property is zoned RA,
Rural Areas and EC, Entrance Corridor, and designated Rural Area in the Comprehensive Plan.
Character of the Area:
Land use in the area is primarily agricultural and forestal, with commercial orchards located at
Carter's Mountain and a commercial vineyard and winery to the east of this site. A number of
historic sites are located within approximately 2 miles of this site, including Monticello,
Ashiawn-Highiand, Tufton Farm, and Colle plantation.
RECOMMENDATION:
Staff has reviewed this request for compliance with the provisions of sections 31.2.4.1 (criteria
for approval of special use permits), and recommends approval of SP 98-72 with conditions.
Planning and Zonin~ History.:
The International Center for Jefferson Studies is a joint program between the University of
Virginia and the.Thomas ~[efferson Memorial Foundation. While the property was under
University of Virginia ownership, the ICJS at Kenwood was a use by right in the RA, Rural
Areas district (it was considered a public use, which is allowed in the Rural Areas, under Section
10.2.1 (9) of the Zoning Ordinance). Upon transfer of ownership of the property to the
University Real Estate Foundation (UREF), however, the use is no longer authorized by right
under the ordinance since the real estate arm of the University is not a public entity (which would
be exempt from local land use regulation). Therefore, approval of the continued operation of the
Center and construction of the proposed library is being requested under Section 10.2.2(5), which
allows private schools by special use permit in the Rural Areas district. The educational nature
of the ICJS and proposed research library are consistent with the definition of a private school,
and thus the application has been accepted under that provision of the Zoning Ordinance.
The Monticello research department currently occupies the gatehouse at Monticello, which at
approximately 700 square feet has become too small for this use. Under the special use permit
proposal, the 5 research department employees would move to the new library, which would also
provide office space for 5 library staff and 10 scholars involved in the on-going Jefferson Papers
project; thus, office space would be provided for a total of 20 regular users. The location and
design of the library (connected by breezeway to the main house) would allow visiting scholars
to conveniently use it while working and/or staying at Kenwood. Between 8 and 10 visiting
scholars are anticipated at a maximum, and they would be provided with study carrels at the
library. The Center's regular staff of 4 or 5 and up to 8 interns would continue to use the main
Kenwood residence, which would also host various Center events. A maximum of 40 people are
expected to use the facilities at Kenwood on a regular basis.
Kenwood was constructed between 1939-1941 as a private residence and weekend retreat for
Major General and Mrs. Edwin M. Watson. Soon after, the "Roosevelt Cottage" was constructed
for visits by President Franklin D. Roosevelt, whom the General had served prior to retiring from
military service. In 1970, upon the death of Mrs. Watson, Kenwood was left to the University of
Virginia with stipulations addressing future ownership ffY'the University, educational use, and a
life estate to the remaining family member, Ms. Ellen "Enie" Nash. In 1992 a lease was
negotiated allowing the TJMF long-term use of the property, and a general upgrade commenced
in 1993. In 1995 the International Center for Jefferson Studies began as a joint venture between
the University and the TJMF; plans were initiated for a new library at the site in 1996: The
property was transferred to UREF in 1998. The property is eligible for Historic Register
designation, and the owner and lessee have indicated that it is under consideration.
Comprehensive Plan:
Kenwood is located in the Rural Area, on the south side of Route 53 (Thomas Jefferson
Parkway) 2-1/2 miles east of the entrance to Monticello. The Open Space Concept map identifies
the following resources in the area: Route 53 is an entrance corridor; Kenwood is a surveyed
historic site; and, the surrounding area is designated as important farmlands and forests.
The 1989-2010 Comprehensive Plan discusses the importance of public awareness of historic
resources to their preservation (p. 97), and outlines both non-regulatory and regulatory measures
that can offer protection. To the extent that the proposed library at Kenwood affirms the
importance of Monticello and its surrounds and embodies the mission of the Center, it offers an
additional level of protection to the area and to the property itself. It also maintains most of the
property as open space, provides an adaptive use for Kenwood and directly supports and
complements the existing use at Monticello.
STAFF COMMENT:
Once the special use permit has been approved, a site plan will be required and may be approved
administratively.
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 ad|acent property_,
Staff has visited the area and is of the opinion that negative impacts on surrounding uses from the
Center and the new library will be minimal. The latter will be used primarily by visiting
specialists who may be in residence at Kenwood or elsewhere in the area for long periods of
time. Daily usage is not anticipated to generate the level of activity characteristic of a public
library of similar size: access is carefully controlled, limited primarily to scholars. Activity at the
library, and even the occasional conference or seminar, will be minimal in impact when
compared to the visitor numbers at Monticello, or even.,(~e summer opera at Ashlawn-Highland.
Adequate area for a new and replacement drainfield, and expanded parking to serve the proposed
library exist.
The proposed two story library has been designed to appear as a single level from the vantage
point of Kenwood and the adjacent property to the west, the points from which the upper portion
will be most visible. Although both levels will be visible from Route 53, the building is not
anticipated to have a significant visual impact since the vertical and horizontal alignment of the
road do not allow for prolonged viewing of the site by motorists.
Staff notes that in the'event of regularly scheduled conferences or large meetings where the
number of participants exceeds available parking, the applicant has indicated that buses or other
vehicles could be used to transport participants to and from .the site. Under those circumstances,
additional parking could be made available at Monticello or the Visitor's Center, thus avoiding
the
3
need to use overflow parking. The elevation of the terrain, in staff's opinion, makes it visually
undesirable to park vehicles outside of the designated lots although this has been done in the past
without negative reaction from the neighbors.
Similarly, Building Code and Zoning Services has suggested that this use comply with
commercial setbacks described in Section 21.7 and the 0.5 footcandle spillover from parking lot
lighting described in Section 4.17.2(a) of the ordinance, based on the nature of the use and its
potential impact on the by-right uses in the RA district (see Attachment C).
that the character of the district will not be changed thereby,
This portion of Albemarle County is defined by the presence of Monticello, and, to a somewhat
lesser extent, Ashlawn-Highiand. Although other uses do occur, including rural residential and
agriculture, it seems highly likely that local residents are aware of the proximity of these well-
known and highly publicized sites. In that sense, the addition of the library will not change the
character of the district and in fact represents that activity most publicly associated with the area.
As previously mentioned, the nature of the activity at the Center and in the library is quiet: other
than occasional traffic to and from the facility, it should not be particularly evident to those who
are not involved with it directly.
and that such use will be in harmony with the purpose and intent of this ordinance,
Staff has reviewed the purpose and intent of the ordinance as stated in Sections 1.4, 1.5 and 1.6.
Staff finds no conflict with these provisions of the ordinance. Staff notes that this request to
continue operating the Center and construct a private research library forwards the intent of the
ordinance as stated in the following Sections:
1.4.3 "To facilitate the creation ora convenient, attractive and harmonious community;"
1.4.4 "To facilitate the provision of... schools, parks, forests,... ;"
1 ;4.5 "To protect against destruction of or encroachment upon historic areas;"
with the uses permitted by right in the district,
The purposes of the Rural Areas district are:
Preservation of agricultural and forestal lands and activities;
Water supply protection;
Limited service delivery to the rural areas; and
Conservation of natural, scenic, and historic resources.
As previously mentioned, private schools are allowed by special use permit in the RA district.
Although the educational activity associated with the Center and the proposed library is not
specifically included in the purposes of the district and does not serve the public, the mission of
the Center and its occupancy of Kenwood do contribute to the conservation of historic resources.
Furthermore, these uses do not conflict with adjacent agricultural, forestal, and residential uses,
and it is logical and efficient to expect the Center to locate near Monticello where by definition it
needs to be. However, staff suggests that the by-right subdivision into eight lots which could
otherwise occur on this site would conflict with the educational activities, historic use previously
described and, in combination with the Center, intensify use of this property beyond what is
acceptable in the Rural Area. Thus, staff offers a condition requiring restriction of subdivision if
this special use permit is exercised.
with additional regulations provided in Section 5.0 of this ordinance,
Section 5.0 of the ordinance, Supplementary Regulations, does not address this use.
and with the public health, safety and general welfare
No adverse impact on the public health, safety and general welfare of the County has been
identified as a result of the continuation of Center activities and construction of the proposed
research library.
In its January 14, 1999 letter, the Virginia Department of Transportation (VDOT) commented
that there is an existing commercial entrance into the site, and recommended that a right hand
taper lane be constructed to the west property line to enhance turning movements into the site.
Staff concurs and suggests that traffic on Route 53 can 1~ expected to increase, thereby making
the mm and taper lane more necessary in the future.
SUMMARY:
Continued operation of the International Center for Jefferson Studies and construction of a
15,000 square foot research library are appropriate educational activities for this site in the RA
district. It is appropriate to locate these facilities close to Monticello, the Thomas Jefferson
Visitor's Center, on property owned by the University of Virginia and jointly operated with.the
Thomas Jefferson Memorial Foundation. With proper measures for minimizing traffic to the site
in the event of large gatherings, and no further subdivision of the property, the educational use
can co-exist in this agricultural/forestal area with its residential neighbors without.negative
impact.
Development factors, including buffering and drainage, will be addressed during site plan
5
review. A Certificate of Appropriateness from the Architectural Review Board (ARB) will also
be required as a condition of final site plan approval.
RECOMMENDED ACTION:
Staff recommends approval of SP 98-72 subject to the following conditions:
Recommended Conditions of Approval:
The International Center. for Jefferson Studies, including the proposed research
library, shall be operated in accordance with the Attachment to Application for
Special Use Permit for The International Center for Jefferson Studies dated
December 14, 1998 and initialed "SET 1/11/99," and the letter from Michael B.
Merriam dated February 1, 1999, herein included as Attachment B;
No subdivision of the property shall occur without amendment of this Special Use
Permit;
A mm and taper lane shall be constructed from the entrance to the western
property lane, in accordance with the January 14, 1999 letter from VDOT;
o
All uses associated with the International Center for Jefferson Studies shall'
comply with the commercial setbacks set forth in Section 21.7 and the lighting
requirements of Section 4.17.2(a) of the Zoning Ordinance.
ATTACHMENTS:
A - Location Map
B - Applicant's Justification
C - January 20, 1999 memorandum from Building Code and Zoning Services
A:ksp9872 intl ctr report.doc
Attachment to
Application for Special Use Permit
for
The International Center for Jefferson Studies
December 14, 1998
Existing Use
Residential and research offices. Kenwood has been home to Monticello's International Center
for Jefferson Studies (ICJS) since 1992 under a previous "public use" determination. Before
1992, Kenwood was a private residence.
How will the proposed special use affect adjacent property?
The proposed use would not be a change in character from the current use (see Existing Use,
above). The proposed library will involve temporary construction activity and may be visible
from some areas of adjoining properties once completed. The activity related to the [CJS would
not affect the adjoining properties in any negative way.
How will the proposed special use affect the character of the district surrounding the
property?
The district is currently a mix of residentiaI, agricultural, and historical tourism. The
appearance of the new building and the activity related to its use would have an impact similar
to or less than the nearby winery and negligible impact relative to the tourist facilities. Its
design, restricted use, limited hours of operation and residential component would make it
compatible with the adjoining residential property.
How is the use in harmony with the purpose and intent of the Zoning Ordinance?
The Zoning Ordinance allows for academic institutions in rural areas under its "private school"
designation. The ICJS is a residential research and teaching program that blends in well with
the quiet, rural environment. This use is consistent with the intent of the Ordinance which is
designed in part, to promote and protect the rural character of the District.
How is the use in harmony with the uses permitted by right in the district?
The lC. IS was a "by right" use until a recent change of ownership (from the University to the
University Real Estate Foundation (UREF)). Other "by right" uses in the immediate vicinity,
not including residential and land in cultivation, are a winery, a cemetery and state hospital
complex. In addition, there is a historic tavern/restaurant/general store operating under a
special use permit. The ICIS, with its proposed library, would be more in harmony with the
residential character of the district than any of these activities because of its limited traffic and
quiet activity.
page 2
Attachment to Application for Special Use Permit
The International Center for Jefferson Studies
How will this use promote the public health, safety, and general welfare of the community?
The ICJS use of Kenwood contributes to the general welfare of the community by providing
gainful employment without placing additional demands on community resources. It also
enhances the County's reputation as a center for scholarly pursuits and activities - particularly
those related to our nation's history.
Describe your request in detail and include ali pertinent information such as numbers of
persons involved in the use, operating hours, and any unique features of the use:
The International Center for Jefferson Studies is a program of the Thomas Jefferson Memorial
Foundation (TJMF), developed in cooperation with the University of Virginia. to foster Jefferson
scholarship. The ICJS oversees three existing TJMF departments - Research, Education and
Archaeology - which are located at other sites. Kenwood has provided a temporary residence
for individual Jefferson scholars and teachers and a venue for related lectures, seminars,
conferences and educational programs. This program is made possible by the University's
contribution of a long-term lease on the Kenwood property. Kenwood's proximity to
Monticello, its existing facilities and its ability to accommodate a research Hbrary are critical to
the success of the program. Without Kenwood, the ICJS would not exist!
The existing 7,400 square foot house will continue to house the offices of the ICJS, as well as
host seminars in its parlor, The house has room for nine offices, only four of which would be
used by ICIS staff. The others would be available for temporary offices for visiting scholars,
interns, and TJMF staff. There are two other structures currently on the property: a cwo-
bedroom cottage and a one-bedroom apartment above a garage. They would still be used to
house visiting scholars and interns. Though the facilities described above could accommodate
as many as a dozen individuals, we anticipate that no mor? than nine people would be using
them at any one time. ~
This special use permit application includes a request for approval of the construction ora new
research library. The building will be designed to accommodate projected growth in our
collection of research materials and in the number of scholars and staff doing work on Jefferson
and his times. As the only new buildingplanned for Kenwood, the library is intended to be a
complimenting addition to the existing structures. It will be positioned on a grade which slopes
downward from the house site itself so that only one of its two stories will be visible from the
house. It also will have wall facings of white painted brick and roofing of slate shingles like
those which unify the other buildings on site. Furthermore, the library is proportioned in plan -
and will be scaled in elevation - to "live" quietly beside the' house. Though available to all
serious Jefferson scholars, this would not be a public library; access to it will be by advance
arrangement and the hours of operation will be limited (typically 8AM to 6PM,, Mon-Fri). It
would include office space for up to twenty persons. This includes research staff(5), library
staff(5), and a new editorial Staff for the Jefferson papers (10). These are long-range,
maximum staffing projections; start-up staffing for the library and Jefferson papers project
would be closer to twelve persons.
page 3
Attachment to Application for Special Use Permit
The International Center for Jefferson Studies
Kenwood has long been used for public gatherings. The house, 'built by General Edwin "Pa"
Watson and his wife, Francis Nash Watson, an acclaimed concert pianist, was used for meetings
of a musical society and for piano recitals. Ms. Ellen "Enie " Nash, a former County supervisor
and lifelong resident of Kenwood, regularly hosted large gatherings of the local Democratic
Party. Since 1992 the ICJS has hosted several conferences and dozens of lectures on subjects
related to Jefferson and his times, attended by as many as sixty-five scholars. Monticello has
used Kenwood as a venue for related receptions and gatherings including a company picnic
attended by more than two hundred employees. The site can easily accommodate parking for
large groups in the surrounding fields, and we know of no negative reaction to these occasional
uses from the neighbors. The lease between the University Real Estate Foundation and TJMF
clearly limits the use of Kenwood to "educational purposes consistent with the residential setting
of the Leased Premises" (see Agreement of Lease, article F. 4. c).
I ATTACHtflENT ~
Albemarle County Development Departments
SPIN Submission and Comments
Zoning sP98-72
S P-1998-072
The International Center for Jefferson
Studies
revision 1
reviewer received
Jan Sprinkle 12/21/98
reviewed decision
Please consider a condition of approval requiring this commercial use in the RA to comply with the
commercial setbacks of Section 21.7. This will insure that all future additions will have a minimal effect
on the surrounding RA properties. (Although everything they are proposing now complies, if a future site
plan amendment did not comply, we would have no authority to apply any more stringent setbacks than
any residential use would require.)
The by-right residential use would currently allow only 8 dwelling units on this 78-acre parcel. The private
school use can be added in addition to that by-right, or the special use permit can be conditioned to
replace part or all of the by-right uses. Please consider this in your report and suggest to the PC and
BOS any and all by-right uses that should remain with the SP or enumerate/articulate any that should be
removed.
Please add a condition requiring compliance with the lighting ordinance under Section 4.17.2(a).
1/20/99 03:17 PM Page 1 of I
MONTICELLO
February2,1999
R£C VED
FEB 0
Planning Dept.
Ms. Susan Thomas, Planner
Department of Planning and Community Development
County of Albemarle
401 Mclntire Road - Room 218
Charlottesville, Virginia 22902
MICHAEL B. MERRIAM
Director of 2Wacitities Planning and Canstructwn
Dear Ms. Thomas:
I am writing in response to our recent conversation about the size, fi:equency and logistics
of special group events anticipated for Monticello's International Center for Jefferson Studies
(ICJS) at Kenwood. As you will see fi:om the descriptions below, these events are extremely
limited and are consistent with past and current levels of activity.
The ICJS program includes occasional conferences and lectures on topics related to
Thomas Jefferson. As there is no lecture hall or auditorium planned for the new library, these
gatherings are limited by the size of the existing parlor at Kenwood to groups of less than sixty;
Such lectures could take place as often as once a month, as they have over the past four or five
years. There will be times when Monticello will want to use Kenwood as a venue for special
events such as a reception or a staff picnic. Events involving over sixty people would not take
place more than'four times in a year nor be attended by more than 250 people.
Kenwood has been host to many of these larger events both during the decades when Miss
Ellen Nash was in residence and during the more recent ocgupancy by Monticello. Traditionally,
guests have parked in the field along the entrance drive. ~hough field parking has been safe and
non-intrusive, there 'is ample additional parking on the grounds of Monticello if conditions
warrant. · In that case, we would make arrangements for transportation of guests between
Monticello and Kenwood. The library construction plans call for parking lots that will
accommodate up to fifty-four vehicles and will allow for safe maneuvering of buses.
I hope this provides you w/th all the information you need for your report. If there, is
anything else that I can do to help, please do not hesitate to ask.
CC:
Dan Jordan
Ann Taylor
Sincerely,
THOMAS JEFFERSON MEMORIAL FOUNDATION, INC.
POST OFFICE BOX 3x6
CHARLOTTESVILLE, VIRGINIA 22902
~HO~E 804 984.9898 Fax 804 977.7757
http://www, monticello.org
croail- ...mm,~r,4.=~,a') ..... '
COUNTY OF ALBEMARLE
Dept. of Planning & Community/ Development
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
February 25, 1999
Sharon K. Davis & Kervin M. Ridgley
3604 Reas Ford lane
Earlysville, VA 22936
RE: Addition to Panorama Agricultural/Forestal District
Dear Ms. Davis & Mr. Ridgley:
The Albemarle County Planning Commission, at its meeting on February 23, 1999, unanimously
recommended approval of the above-noted request to add 7.12 acres to the Panorama
Agricultural/Forestal District.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on March 17, 1999. 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,
Mary Joy Scala
Senior Planner
MJS/jcf
Cc: Ella Carey
Draft: 03/07/99
ORDINANCE NO. 99-3( )
AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 2, DISTRICTS OF
STATEWIDE SIGNIFICANCE, OF CHAPTER 3, AGRICULTURAL AND FORESTAL
DISTRICTS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA.
BE IT ORDAINED by thc Board of Supervisors of the County of Albemarle, Virginia, that
Article 2, Districts of Statewide Significance, of Chapter 3, Agricultural and Forestal Districts, of
the Code of the County of Albemarle, Virginia, is hereby mended and reordained by amending
Section 3-224, Panorama Agricultural and Forestal District, as follows:
Sec. 3-224 Panorama Agricultural and Forestal District.
The district known as the "Panorama Agricultural and Forestal District" consists of the
following described properties: Tax map 31, parcel 21E; tax map 44, parcels 9A, 9C, 12, 12Q,
12X, 12Y, 12z; tax map 45A, section 1, parcel 27. This district, created on April 20, 1988 for
not more than 10 years and last reviewed on September 9, 1998, shall next be reviewed prior to
April 20, 2008.
(6-I4-95; Code 1988, § 2.1-4(1); Ord. 98-A(1), 8-5-98; Ord. 98-3(1), 9-9-98)
I, Ella W. Carey, do hereby certify that the foregoing writing is a tree, correct copy of an
Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of
to , as recorded below, at a regular meeting held on
Mr. Bowerman
Ms. Humphris
Mr. Marshall
Mr. Martin
Mr. Perkins
Ms. Thomas
Aye Nay
Clerk, Board of County Supervisors
STAFF PERSON:
ADVISORY COMMITTEE:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
Mary Joy Scala
November 30, 1998
February 23, 1999
March 17, 1999
ADDITION To PANORAMA AGRICULTURALfFORESTAL DISTRICT
Purpose: The purpose of an agricultural/forestal district is "to conserve and protect and to
encourage the development and improvement of the Commonwealth's agricultural/foreStal lands
for the production of food and other agricultural and forestal products..." and "to conserve and
protect agricultural and forestal lands as valued natural and ecological resources which provide
essential open space for clean air sheds, watershed protection, wildlife habitat, as well as for
aesthetic purposes."
Factors to Consider:
The following factors must be considered by the Advisory Committee and at any public hearing
when a proposed district is being considered:
The agricultural and forestal significance of land within the district and in areas adjacent
thereto;
The presence of any significant agricultural lands or significant forestal lands within the
district and in areas adjacent thereto that are not now in active agricultural of forestal
production;
o
The nature and extent of land uses other than active fanning or forestry within the district
and in areas adjacent thereto;
4. Local development patterns and needs;
5. The Comprehensive Plan and, if applicable, the zoning regulations;
o
The environmental benefits of retaining the lands in the district for agricultural and forestal
uses; and
7, Any other matter which may be relevant.
Effects
of a District:
The proposed district provides a community benefit by conserving and protecting
farmlands and forest; environmental resources such as watersheds, air quality, open space,
and wildlife habitat; and scenic and historic resources,
2
The State Code stipulates that the landowner receive certain tax benefits*, and restrictions
on public utilities and government action (such as land acquisition and local nuisance laws)
to protect the agricultural/forestal use of the land. In exchange, the landowner agrees not
to develop the property to a "more intensive use" during the specified number of years the
district is in effect.
*Since Albemarle County currently permits all four categories of use value assessment, a district
designation may not provide any additional real estate tax deductions. Land in a district is protected
f, om special utility assessments or taxes.
The State Code stipulates that, "Local ordinances, comprehensive plans, land use planning
decisions, administrative decisions and procedures affecting parcels of land adjacent to any
district shall take into account the existence of such district and the purposes of this
chapter." The district may have no effect on adjacent development by right, but could
restrict proposed rezonings or uses by special use permit which are determined to be in
conflict with the adjacent agricultural/forestal uses. Districts must now be shown on the
official Comprehensive Plan map each time it is updated.
In general, a district may have a stabilizing effect on land use. The property owners in the
district are making a statement that they do not intend to develop their property in the
near future, and that they would like the area to remain in the agricultural and forestal
uses. Adjacent property owners may be encouraged to continue agricultural uses if they
do not anticipate development of adjacent lands.
ADDITION TO PANORAMA DISTRICT:
Panorama District was created on April 20, 1988. An addition occurred on June 14, 1995. The
District was reviewed on September 9, 1998, and was continued for ten years.
Location: Panorama District is located on the north and south sides of the South Fork Rivanna
Reservoir. The proposed addition is located adjacent to Panorama Farm on Route 661 (Reas
Ford Lane).
Acreage: The Panorama District contains 265.399 acres in 8 parcels. The proposed addition
contains 7.12 acres in one parcel.
Time Period: The proposed time period for the addition is the same time period established when
the district was reviewed, or ten years from April 20, 1998.
Agricultural and Forestal Significance: Land in the addition is being used as wooded area.
Significant Land Not in Agricultural/Forestal Production: This parcel is not enrolled in the use
value taxation program.
Land Use other than Agriculture and Forest~: There is one dwelling on the proposed addition.
Local Development Patterns and Needs: There is one farm and several large lot parcels, including
a parcel within the Ardwood subdivision, located within the district. This parcel is adjacent to
Panorama Farm, which withdrew recently from the district.
Comprehensive Plan and Zoning Regulations: The proposed addition is located with in the Rural
Areas of the Comprehensive Plan and is zoned RA, Rural Areas. The nearest Growth Area is the
Urban Area, located about one mile to the east.
A Comprehensive Plan objective is, "All decisions concerning the Rural Areas shall be made in the
interest of the four major elements of the Rural Areas, with highest priority given to preserving
agricultural and forestal activities rather than encouraging residential development." (p.203) A
strategy is, "Actively promote and support voluntary techniques such as agricultural/forestal
districts .... "(p. 53)
The Open Space Plan shows this area located within the South Fork Rivanna Reservoir
watershed, and is designated as important farmlands and forests.
Environmental Benefits: The district lies within the South Fork Rivanna River Reservoir
watershed. Conservation of this area helps to maintain the environmental integrity of the County,
and aids in the protection of ground and surface water, agricultural and forestry land, open space,
and wildlife habitat.
StatTRecommendation: Staff recommends approval of the addition to the Panorama District as
proposed.
Advisory Committee Recommendation: The Advisory Committee at its meeting on November
30, 1998, recommended approval of the addition to the Panorama District as proposed.
I:\...\add to Panorama.doc
//
Z6
23
[ON TO PANORAMA
2ZC
AGRICULTURAL/FORESTAL DISTRICT"
/
.%
PANORAMA
FORESTAL
:..? !
PANORAMA AGRICULTURAL/FORESTAL DISTRICT
TM/P TOTAL USE VALUE ACREAGE OWNER DWELLINGS
ACREAGE AG FOR HORT NQ
44 - 9C 29.760 26.760 3.0 John & Jacquelyn Huckle 2
44 - 9A 8.380 Mary Morris Riviere u
44 - 12 162.739 Mary Morris Riviere 3
44 - 12Q 2.120 Mary Morris Riviere 1
44 - 12X 0.401 Wingfield Hughes 0
44 - 12Y 10.000 Cameron Hildreth 0
44 - 12Z 10.000 Martha Offutt 0
45A - 01-27 42.400 Jeremy O. Caplin 0
TOTALS 265.399 26.760 0.000 3.0 6
REQUEST FOR ADDITION
ISharon K. Davis & Kervin M Ridgley I
To:
Subject:
Date:
Marsha Davis C~
Ella Washington Carey, Clerk,
Ordinance Adopted by Board on March 17, 1999
March 23, 1999
The attached ordinance was adopted by the Board of Supervisors on March 17, 1999.
The ordinance is forwarded to you for inclusion in your next update of the County Code.
(1)
Ordinance to amend and reenact Chapter 3, Agricultural and Forestal Districts, of The
Code of The County of Albemarle, Virginia:
a)
§3-224, Panorama Agricultural and Forestal Dist, to add 7.12 acs.
TM31,P21E. Loc on E side of Reas ford Lane (Rt 661) near Earlysville.
Znd RA. Rio Dist,
/EWC
Attachments (1)
cc:
V. Wayne Cilimberg
Mary Joy Scala
Larry Davis
File
ORDINANCE NO. 99-3(3)
AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 2, DISTRICTS OF
STATEWIDE SIGNIFICANCE, OF CHAPTER 3, AGRICULTURAL AND FORESTAL
DISTRICTS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA.
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that
Article 2, Districts of Statewide Significance, of Chapter 3, Agricultural and Forestal Districts, of
the Code of the County of Albemarle, Virginia, is hereby amended and reordained by amending
Section 3-224, Panorama Agricultural and Forestal District, as follows:
Sec. 3-224 Panorama Agricultural and Forestal District.
The district known as the "Panorama Agricultural and Forestal District" consists of the
following described properties: Tax map 31, parcel 21E; tax map 44, parcels 9A, 9C, 12, 12Q,
12X, I2Y, 12Z; tax map 45A, section 1, parcel 27. This district, created on April 20, 1988 for
not more than 10 years and last reviewed on September 9, 1998, shall next be reviewed prior to
April 20, 2008.
(6-14-95; Code 1988, § 2.1-4(I); Ord. 98-A(1), 8-5-98; Ord. 98-3(1), 9-9-98; Ord. 99-3(3), 3-17-
99)
I, Ella W. Carey, do hereby certify that the foregoing writing is a tree, correct copy of an
Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of
six to zero, as recorded below, at a regular meeting held on March 17, 1999.
Aye
Mr. Bowerman Y
Ms. Humphris Y
Mr. Marshall Y
Mr. Martin Y
Mr. Perkins Y
Ms. Thomas Y
Nay
Cterk-~'Board of County Supervisfirs
/
/
To:
From:
Subject:
Date:
Members, Board of Supervisors
El a Washington Carey, CMC, Cle~,~
Reading List for March 17, 1999
March 12, 1999
August 19, 1998
Mr. Martin
/ewc