HomeMy WebLinkAbout1999-04-21 ACTIONS
Board of Supervisors Meeting of April 2'1, '1999
April 26, 1999
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to order. Meeting was called to Order at 9:00 a.m., by the
Chairman. All BOS members present.
4. Others Matters Not Listed on the Agenda from the Public.
· Ms. Kay Slaughter, representing the Southern Environmental
Law Center, spoke representing citizen groups concerned
about Brass, Inc. She asked the BOS to talk w/City and all
· citizens and conduct a comprehensive study.
· Mr. Kevin Cox spoke in support of Brass, Inc.
5.1. Amendment of the jurisdictional areas of the Albemarle County
Service Authority for water and sewer service to proposed Phase
lib (SDP-99-088), Fontana Subdivision, Tax Map 78, Parcel 57
(part of) - Nichols Accountancy Corp. APPROVED.
5.2. Adopt Resolution Authorizing the Issuance of up to $I ,200,000
in Revenue bonds by the Industrial Development Authority for
Tandem Fdends School. ADOPTED.
5.3. Adopt Resolution Authorizing the Issuance of up to $7,000,000
in Revenue bonds by the Industrial Development Authority for
Martha Jefferson Hospital.
5.4. Adopt Proclamation recognizing May 9 through May 15, 1999
as Small Business Week.
5.5. Adopt Proclamation recognizing May 9 through May 15, 1999
as National Historic Preservation Week.
6. ZMA-98-26. Woodbrook Crossing Exec. Suites. DEFERRED to
5/5/99 consent agenda.
7. SP-99-01 The Import Car Store. APPROVED with 4 conditions.
8. SP-99-05 St Johns Baptist Church. APPROVED with 3
conditions.
9. DiscUssion: Rivanna Solid Waste Authority Contract.
11. Other Matters not Listed on the Agenda from the Board.
· Mr. Tucker suggested a distinction be made in applications by
churches so that small changes do not require a special use
permit.
· Mr. Perkins brought up the physical condition of the site of the
restaurant "Caf6 No Problem", at intersection of Rt: 250 and Rt.
240.
· Ms. Thomas said some citizens have been inquiring about
Sugar Hollow's water situtation.
· Ms. Humphris mentioned that there was a misleading headline
in the Daily Progress stating there was an abundance of water
in the area.
· Mr. Bowerman noted that a fence has been erected near the
Rock Store.
12. Adjourn to Rt. 606 at 8:22. BOS met to view the lighting
situation at UREF's PRA building. UREF said not happy with their
lighting plan; currently working on changes, including evergreen
plantings on top of berm, to alleviate citizens' concerns.
Clerk: Acknowledge Ms. Slaughter's comments.
Clerk: Acknowledge Mr. Cox's comments.
Clerk: Include in Planning's letter.
Clerk: Forward resolution to Cindy Hendren.
Clerk: Forward resolution to Cindy Hendren.
Clerk: Forward resolution to Chamber of
Commerce.
Clerk: Forward resolution to Mary Joy Scale.
Clerk: Place on consent agenda. Include in
Planning's letter.
Planning staff/County Attorney: Work with
applicant to revise proffer.
Clerk: Include in Planning's letter.
Clerk: Include in Planning's letter.
None.
Planninq staff: Study the matter and make
recommendations.
Planninq staff: Look into the matter to see if the
property is a hazard. Talk to current owners to see
if they are willing to clean up the site.
Mr. Tucker: Speak with RWSA.
None.
Mr. Bowerman: Follow up to see what needs to be
done next.
Planning staff: Maintain contact with UREF
regarding this matter.
ACTIONS
Board of Supervisors Meeting of April 2'1, 1999
April 26, 1999
AGENDA ITEM/ACTION
1. Call to order.
4. Others Matters Not Listed on the Agenda from the Public.
· Ms. Kay Slaughter, representing the Southern Environmental
Law Center, spoke representing citizen groups concerned
about Brass, Inc. She asked the BOS to talk w/City and all
citizens and conduct a comprehensive study.
· Mr. Kevin Cox spoke in support of Brass, Inc.
5.1. Amendment of the jurisdictional areas of the Albemarle County
Service Authority for water and sewer service to proposed Phase
lib (SDP-99-088), Fontana Subdivision, Tax Map 78, Parcel 57
(part of) - Nichols Accountancy Corp. APPROVED.
5.2. Adopt Resolution Authorizing the Issuance of up to $1,200,000
in Revenue bonds by the Industrial Development Authority for
Tandem Friends School. ADOPTED.
5.3. Adopt Resolution Authorizing the Issuance of up to $7,000,000
in Revenue bonds by the Industrial Development Authority for
Martha Jefferson Hospital.
5.4. Adopt Proclamation recognizing May 9 through May 15, 1999
as Small Business Week.
5.5. Adopt Proclamation recognizing May 9 through May 15, 1999
as National Historic Preservation Week.
6. ZMA-98-26. Woodbrook Crossing Exec. Suites. DEFERRED to
5/5/99 consent agenda.
7. SP-99-01 The Import Car Store.. APPROVED with 4 conditions.
8. SP-99-05 St Johns Baptist Church. APPROVED with 3
conditions..
9. Discussion: Rivanna Solid Waste Authority Contract.
11. Other Matters not Listed on the Agenda from the Board.
· Mr. Tucker suggested a distinction be made in applications by
churches so that small changes do not require a special use
permit.
· Mr. Perkins brought up the physical condition of the site of the
restaurant "Caf~ No Problem", at intersection of Rt. 250 and Rt.
240.
· Ms. Thomas said some citizens have been inquiring about
Sugar Hollow's water situtation.
· Ms. Humphds mentioned that there was a misleading headline
in the Daily Progress stating there was an abundance of water
in the area.
· Mr. Bowerman noted that a fence has been erected near the
Rock Store.
12. Adjourn to Rt. 606 at 8:22. BOS met to view the lighting
situation at UREF's PRA building. UREF said not happy with their
lighting plan; currently working on changes, including evergreen
plantings on top of berm, to alleviate citizens' concerns.
ASSIGNMENT
Meeting was called to Order at 9:00 a.m., by the
Chairman. All BOS members present.
e~t~rk.' Acknowledge Ms. Slaughter's comments.
Clerk: Acknowledge Mr. Cox's comm ts.
~.' Include in Planning's letter.
: Forward resolution to Cindy Hendren.
L.C, Jerk~.' Forward resolution to Cindy Hendren.
I~,~rk: Forward resolution to Chamber of
Commerce.
[C,.,terk: Forward resolution to Mary Joy Scale.
~,.~l~r/'k: Place on consent agenda. Include in
Planning's letter.
Planninq staff/County Attorney: Work with
~p. plicant to revise proffer.
31erk: Include in Planning's letter.
,t~.,~J'rk: Include in Planning's letter.
None.
Planning staff: Study the matter and make
recommendations.
Planning staff: Look into the matter to see if the
property is a hazard. Talk to current owners to see
if they are willing to clean up the site.
Mr. Tucker: Speak with RWSA.
None.
Mr. Bowerman: Follow up to see what needs to be
done next.
Planninq staff: Maintain contact with UREF
regarding this matter.
COPY
David P. Bowerman
Charlotte Y. Humphrb
Jack Jouett
Forrest R. ~a~sh~, Jr.
COUrNTY OF Al REMARLE
Office of Board of Supervisors
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5843 FAX (804) 296-5800
MEMORANDUM
Charles S. Martin
Rivanna
Walter E Perkins
White Hall
Sally H. Thomas
Samuel Miller
To:
From:
Subject:
Date:
V. Wayne Cilimberg, Director of Planning and Community Development
Laurel B. Hall, Senior Deputy Clerk
April 21, 1999 Board of Supervisors Meeting
April 26, 1999
The following actions were taken by the Board at its meeting on April 21, 1999:
Item No. 5.1. Amendment of the jurisdictional areas of the Albemarle COunty Service Authority for
water and sewer service to proposed Phase lib (SDP-99-088), Fontana Subdivision, Tax Map 78, Parcel 57
(part of)- Nichols Accountancy Corp. APPROVED.
Agenda Item No. 6. ZMA-98-26. Woodbrook Crossing Exec. Suites. DEFERRED to 5/5/99 consent
agenda. Planning and County Attorney staff to work with applicant to revise proffer.
Agenda Item No. 7. SP-99-01 The Import Car Store. APPROVED with 4 conditions.
Conditions are as follow:
1. The total number of outdoor storage and display parking spaces shall be limited to fifteen (15);
2. Architectural Review Board (ARB) issuance of a Certificate of Appropriateness, which includes:
a. Vehicles for display shall not be elevated;
b. Vehicles shall be displayed only in areas shown on the site plan;
c. All landscaping required on previously approved site plans shall be installed on site;
3. No additional outdoor lighting shall be installed without the approval of the ARB; and
4. No outdoor amplifiers or loud speakers shall be installed.
Agenda Item No. 8. SP-99-05 St Johns Baptist Church. APPROVED with 3 conditions.
Conditions are as follow:
Printed on recycled paper
1. Phase One of this special use permit is for an approximately 516 square foot rear addition only to
add a bathroom and to enlarge the dining hall and pastor's study for the existing congregation;
2. Health Department approval; and
3. Day care use and other non-church activities shall be prohibited unless approved through a special
use permit amendment.
Agenda Item No. 11. Other Matters not Listed on the Agenda from the Board.
Mr. Tucker asked that Zoning staff study applications by churches to make a distinction so that small
changes do not require a special use permit. Staff to present recommendations to the Board.
Mr. Perkins asked Planning staff to review the physical condition of the site of the restaurant "Cafb
No Problem", at intersection of Rt. 250 and Rt. 240. Staff is to talk to current owners to see if they are willing
to clean up the site.
Agenda Item No. 12. Adjourn to Rt. 606 at 8:22.
BOS met to view the lighting situation at UREF's PRA building. UREF said not happy with their
lighting plan; currently working on changes, including evergreen plantings on top of berm, to alleviate
citizens' concerns. Planning staff to maintain contact with UREF regarding this matter..
/Ibh
CCZ
Larry Davis
Amelia McCulley
Bill Mawyer
Bruce Woodzell
Dan Mahon
Sharon Taylor
John Grady
Janice Farrar
Jeff Blank
David R Bowerman
Charlotte Y. Humphris
jmt~ Jouett
Fon~'t R. Marshall, Jr.
COU Fr'Y OF AT_ EM T
Office of Board of Supervisors
401 Mclntire Road
Charlottesville, V'L~ginia 22902.-4596
(804) 296-5843 FAX (804) 296-5800
April 26, 1999
Charles S. Martin
Walter E Perkins
Sally/H. Thomas
Ms. Kay Slaughter
Southern Environmental Law Center
201 West Main Street
Charlottesville, Va 22902
Dear Ms. Slaughter:
Thank you for your recent comments to the Board of Supervisors on April 21, 1999, concerning'
Brass, Inc. The Board appreciates you taking the time to appear and make your views known.
CSM/Ibh
Again, thank you for your comments.
Sincerely,
Charles S. Martin
Chairman
Printed on recycled paper
COMMENTS BY KAY SLAUGHTER
TO
ALBEMARLE Board of Supervisors
April 21, 1999
The County recently received a request from City of
Charlottesville for an economic impact study of BRASS INC project
and the county's fiscal impact planner has run three scenarios
through your economic model. I understand that the report will
be shared with the city.
However, we speak to you to urge you to undertake a broader
study of the economic impacts as well as an analysis of traffic
impacts of the project.
The existing County study focuses on the fiscal impacts on
the county's tax revenue of the three scenarios - status quo,the
proposed BRASS Inc. project and the alternative proposed by
planning staff. This is good and relevant data but we believe
that you need to study broader economic impacts on city and
county commercial areas and on small business itself. For
example, would the proposed project lead to shifting shopping
habits and economic activities from one geographic area to
another, thus increasing the potential for abandoned shopping
areas? This has been the case in other areas of our state - i.e.
Richmond, Tidewater, Northern Virginia. How would this area
avoid this pattern?
Second, would not the change in land use plan encourage more
"Big BOX" development, which in turn replaces small locally owned
businesses in the region? Yet small locally owned businesses
remain the backbone of a community such as Charlottesville-
Albemarle, and dollars earned in these businesses remain in the
community.
Equally important, we believe that the City and County
together should take a comprehensive look at the traffic
implications of such a project for 5th Street Extended. VDOT
estimates that with this development, traffic will increase
threefold over the next 10 years alone. Meantime, there is a
myth being perpetuated that Brass, Inc. development would relieve
traffic on 29 North; yet there are other magnet stores on 29 that
will continue to draw traffic from the southern Albemarle - the
movie theaters; Wal-Mart North and Sam's Club; Belk's at Fashion
Square ACAC at Albemarle Square. We hope you will consider
talking with the City and citizens about a more comprehensive
study. You are planning not for the short term but instead for
the future of our community over the next several decades.
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Albemarle County Jurisdictional Area request for water and
sewer service - Nichols Accountancy Corp. (Fontana
Subdivision)
SUBJECT/PROPOSAL/REQUEST:
Provision of water and sewer service to proposed Phase liB
(SDP 99-088), Fontana Subdivision, Tax Map 78, Parcel 57
(portion of)
STAFF CONTACT{S):
Messrs. Tucker, Cilimberg, Banish
AGENDA DATE:
April 21, 1999
ACTION:
CONSENT AGENDA: Yes
ACTION: Yes
ATTACHMENTS: Yes
REVIEWED BY:
ITEM NUMBER:
INFORMATION:
INFORMATION:
BACKGROUND:
A public hearing was held April 1, 1998, to consider a request by Hurt Investment Company (previous owner) for water and
sewer service to 119 acres located on Tax Map 78 Parcel 57 (portion). The subject property is part of Fontana Subdivision,
which received preliminary plat approval on December 19, 1997, which in turn was part of the original "Luxor" parcel. It is
located on the east side of Route 20 North, north of the Wilton Subdivision and Garnett Treatment Center, within a
designated Development Area (Neighborhood 3).
Phase liB consists of 16 lots (comprising a total of 5.587 acres) located on the north and south sides of Fontana Court and
along Capri Way, in Fontana Subdivision. Amendment of the jurisdictional area boundary is required before final subdivision
approval can be granted.
DISCUSSION:
At its April meeting, the Board approved an amendment of the service area boundaries for water and sewer service to
Fontana Subdivision, as recommended by staff, provided that a note be included on all plats indicating that no public water
will be provided on those lots above the 600 foot elevation, which serves as the Development Area boundary. Two of the
subdivision's lots along the eastern edge of the property straddle the Development Area boundary, and have both RA and
R-4 zoning. Consistency with County policy permits extension of service only to that portion of these lots lying within the
Development Area.
Phase IIBis located entirely within the Development Area, in the portion of the property zoned R-4, below the 600-foot
contour. Extension of water and sewer service has been approved to Fontana Recreation Center, located south and west
of theSe lots.
It is anticipated that requests similar to this one will be submitted for future phases of the subdivision.
RECOMMENDATION: This request is consistent with the Board's April 1 action approving amendment to the
Jurisdictional Area boundaries for the Fontana Subdivision. With the Board's concurrence, staff will amend the
Jurisdictional Area map to allow provision of water and sewer service to Phase liB, and require that notes be
included on the final plat limiting service to building sites within the designated Development Area.
ATTACHMENTS:
A - Location Map
B - Project Phasing Plan
C:
Bill Brant, Albemarle County Service Authority
Steve Driver, PE, LS
McKee Carson
301 East High Street,
r'~,~,lntf~_.~ville. VA 22902 99.070
..~.
Monticello boundary l'nes represen.~
perimeter road or tree lines (as se~n
= on Air Photograph i cs Dec. I980 Aer[ajl
Photo of TM 78) to include all /
existing buildings.
, ~' ~
~.~ /~' .~ (~ ./.--.
. '~'. ;~ ~~~ ~- - ~..~ /
Location Map ' , r'~ 1"=2000'
SUBDIVISION
PRELIMINARY PLAT
Land Use Summary
RECEIVED
FEB, ,ti, ~.:..~
Planning Dept.
A.M. Nichols
Trustee for Fontana Land Trust
P.O. Box 143
.M~e, CA
/I/Ir-.'
McKEE/CARSON
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
IDA Bond Resolutions
SUBJECT/PROPOSAL/REQUEST:
Request from Martha Jefferson Hospital and Tandem
Friends School for Revenue Bonds
STAFF CONTACT(S):
Mr. TUcker
AGENDA DATE:
April 21, 1999
ACTION.:
CONSENT AGENDA:
ACTION: 'X
ATTACHMENTS: Yes
REVIEWED BY:
ITEM NUMBER:
INFORMATION:
INFORMATION:
BACKGROUND:
On April 12, 1999 the Albemarle County Industrial Development Authority held public hearings.on two revenue
bond issuances. The first was for Tandem Friends School's request for revenue bonds in an amount not to
exceed $1,200,000 to assist the School in financing the acquisition, construction and equipping of an addition
consisting of a two story brick classroom building. The second request was for Martha Jefferson Hospital for
revenue bonds in an amount not to exceed $7,000,000 to assist the Hospital in financing the replacement and
installation of certain equipment.
RECOMMENDATION:
The IDA and staff recommend your approval, through this consent agenda, of the attached resolutions which
effectuates the revenue bond requests.
99.071
KESOLUTION OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF ALBEMARLE, VIRGINIA
WHEREAS, the Industrial Development Authority of Albemarle County, Virginia
("Authority"), has considered the application of Martha Jefferson Hospital ("Hospital")
requesting the issuance of the Authority's revenue bonds in an mount not to exceed $7,000,000
("Bonds") to assist the Hospital in financing the replacement and installation of certain
equipment, including, but not limited to, magnetic resonance imaging, CAT scanner and other
radiographic equipment and other clinical equipment and computer hardware ("Project") to be
used by the Hospital at its existing facilities located at 459 Locust Avenue in the City of
Charlottesville, Virginia, and has held a public hearing on April 12, 1999;
WHEKEAS, Section 147(0 of the Internal Kevenue Code of 1986, as amended (the
"Code"), provides that the governmental unit having jurisdiction over the issuer of private
activity bonds and over the area in which any facility financed with the proceeds of private
activity bonds is located must approve the issuance of the bonds;
WHEREAS, the Authority issues its bonds on behalf of the County of Albemarle,
Virginia ("County"); and the County of Albemarle, Virginia ("Board") constitutes the highest
elected governmental unit of the County;
WI-[EREAS, the Authority has recommended that the Board approve the issuance of the
Bonds; and
WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds,
subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact
Statement have been filed with the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
THE COUNTY OF ALBEMARLE, VIRGINIA:
1. The Board approves the issuance of the Bonds by the Authority for the benefit of
the Hospital, as required by Section 147(0 of the Code and Section 15.2-4906 of the Code of
Virginia of 1950, as amended ("Vkginia Code").
2. The approval of the issuance of the Bonds does not constitute an endorsement to a
prospective purchaser of the Bonds of the creditworthiness of the Project or the Hospital.
3. Pursuant to the limitations contained in Temporary Income Tax Regulations
Section 5f. 103-2(f)(1), this resolution shall remain in effect for a period of one year from the
date of its adoption.
4. This resolution shall take effect immediately upon its adoption.
Adopted by the Board of Supervisors of the County of Albemarle, Vir~nia this,Z/5~'day
of April, 1999.
Cl~-'~ar~/of Supe~Sor~ oet~¢~ounty of
Albemarle, Vkginia ~
[sE~]
-2-
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF ALBEMARLE, VIKG~
WHEREAS, the Industrial Development Authority of Albemarle County, Virginia
("Authority"), has considered the application of Tandem Friends School ("School") requesting
the issuance of the Authority's revenue bonds in an amount not to exceed $1,200,000
("Bonds") to assist the School in f'mancing the acquisition, construction and equipping of an
addition consisting of a two story brick classroom building with five classrooms and three
science labs for chemistry, biology and physics consisting of approximately 13,000 square feet
("Project") to be located at 279 Tandem Lane, off of Millcreek Parkway, across from
Monticello High School, in the County of Albemarle, Virginia, and has held a public heating
on April 12, 1999;
WHEREAS, Section 147(0 of the Internal Revenue Code of 1986, as amended (the
"Code"), provides that the governmental unit having jurisdiction over the issuer of private
activity bonds and over the area in which any facility financed with the proceeds of private
activity bonds is located must approve the issuance of the bonds;
WI-[EREAS, the Authority issues its bonds on behalf of the County of Albemarle,
Virginia ("County"); the Project is to be located in the County and the Board of Supervisors
of.the County of Albemarle, Virginia ("Board") constitutes the highest elected governmental
unit of the County;
WHEREAS, the Authority has recommended that the Board approve the issuance of
the Bonds; and
WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds,
subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact
Statement have been filed with the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
THE COUNTY OF ALBEMARLE, VI~G~A:
1. The Board approves the issuance of the Bonds by the Authority for the benefit
of'the School, as required by Section 147(0 of the Code and Section 15.2-4906 of the Code of
Virginia of 1950, as amended ("Virginia Code") to permit the Authority to assist in the
financing of the Project.
2. The approval of the issuance of the Bonds does not constitute an endorsement
to a prospective purchaser of the Bonds of the creditworthiness of the Project or the School.
3. Pursuant to the limitations contained in Temporary Income Tax Regulations
Section 5f. 103-2(f)(1), this resolution shall remain in effect for a period of one year from the
date of its adoption.
4. This resolution shall take effect immediately upon its adoption.
Adopted by the Board of Supervisors of the County of Albemarle, Virginia this
day of April, 1999.
Clerk, Board of Supe of
Albemarle, Virginia
[SEIki
-2-
David P. Bowerman
Charlotte Y. Humphris
Formst R~ Marshal, Jr.
COUNTY OF ~REMARLE
Office of Board of Supervisors
401 Mclnlire Road
Charlottesville, V'n~inia ~2902-4,596
(804) ~96-5843 FAX (804) 296-5800
Walter E P~kins
S~y.H. Thomas
April 26, 1999
The Charlottesville Regional Chamber of Commerce
P.O. Box 1564
Charlottesville, VA 22902
Dear Sirs:
At its April 21, 1999 meeting, the Board of Supervisors approved the enclosed proclamation
declaring May 9 through May !5, 1999, as Small Business Week. Please contact me if you have any
questions. Thank you.
Sincerely,
Laurel B. Hall
Senior Deputy Clerk
Enclosure
Printed on recycled paper
SMALL BUSINESS WEEK
small businesses, defined as companies ha~ing fewer than ,50 employees,
create over 95 percent of our private sector/obs; and
small businesses provide a significant portion of the real and personal
property tax revenues for our region and a substantial amount of the goods
and services our local citizens enjoy; and
WHEREAS,
a week in May is traditionally designated as National Small Business
Week;
NOW, THEREFORE, L Charles S. Martin, Chairman, on behalf of the Albemarle Board
of County Supervisors, do hereby recognize the week of
May 9 through May 15, 1999, as
SMALL BUSINESS WEEK
and extend our sincere appreciation for the many exemplary small business
employers who strive to build a better community and who work to ensure
the economic growth and stability of the region.
ALBEMARLE BOARD OF COUNTY SUPER VISORS
N T E
Albemarle Board of Couaty S~e~.~or~
Otlice o~* ~b¢ C~ to t~ ~ard
R
0 F F I C E
I I
To: Mary Joy Scala, Senior Planner
From: Laurie Hall, Senior Deputy Clerk
Subject: Resolution
Date: April 26, 1999
MEMO
At its April 21, 1999 meeting, the Board of Supervisors approved the enclosed proclamation declaring
May 9 through May 15, 1999, as National Historic Preservation Week. Thank you.
Enclosure
NATIONAL HISTORIC PRESER VA TION WEEK
V~'HERE~S, the richness of Virginia~s history is unparalleled across this vast nation; and
W~-IE~s, historic buiMings and places connect ns ~ that history, provi&'ng unique character to Virginia's
communities that enhances quality of h'fe, economic development, education, and tourism; and
~7erHEREAS, historic preserv, vttion, became it helps instill a sense of community, is rele~nt for Albemarle
residents o£ alI ages, ail walks of li£e, and all ethnic backgrounds; and
WHEREAS,
it is important to celebrate the role of history in our lives and the contributions made by dedicated
individuals who preserve the tangible aspects of the heritage that shape us as citizens of Virginia
and Albemarle County; and
~'IEREAS, "Protecting the Irreplaceable" is tbe theme for National Historic Preservation Week 1999,
cosponsored by the Commonwealth of Virginia and the National Trust for Historic Preservation;
NOW, THEREFORE,
L Charles S. Martin, Chairman, on behalf of the Albemarle Board of County
Supervisors, do hereby proclaim
MAY 9 through May 15, 1999, as
PRESER VA T~ON WEEK
and call npon tbe people of APaemarle County to join their fellow citizens across
the Commonwealth in recognizing and participating in this special observance.
CHAIRMAN
ALBEMARLE BOARD OF COUNTY SUPERVISORS
Building Code Information
(804) 296-5832
COUNTY OF ALBEMA~I
Department of Building Code and Zoning ,Serk, ices
401 Mclntire Road, Room 223
Charlottesville, Virginia 22902-4596
FAX (804) 972-4126
TFD (804) 9724012
Zoning Information
(8O4) 296.5875
April 12, 1999
Frank Buck
211 East High Street
Charlottesville, Virginia
Fax 977-4847
22902
Re: Official Determination of Number of Parcels - Tax Map 57, Parcel 61 (East) and
Parcel 61 (West)
Dear Mr. Buck,
This is to confirm for the record, that this tax map parcel (57-61) consists of two (2) separate
parcels. These parcels (parcel 61 East and parcel 61 West) may be sold separately without the
use of a development right and without approval under the Albemarle Subdivision Ordinance.
The decision that these are separate parcels is based on the fact that they are not contiguous or
abutting at any point. In fact, they are physically divided by different properties which are
owned by others. Tax map 57, parcel 62 and parcel 63 lie between and separate parcel 61 West
from 61 East.
This decision is based on the finding in the case, City of Winston Salem v. Tickle, 281 SE 2d
667, of the North Carolina Court of Appeals (1981). In this case, the property was physically
separated and could not be reasonably regarded as part of a unified single farm.
Based on information I have received, parcel 61 West and parcel 61 East have not been divided
since the date of adoption of the Albemarle Zoning Ordinance. Neither parcel is 4 acres or more
in size; therefore, only one development right exists for each parcel. (This is based on 2 acres
per development right). Each of the two parcels could be built, subject to compliance with the
applicable requirements of the Zoning Ordinance. The requirements include provision of
adequate primary and reserve septic field area, yard setbacks and the like.
If anyone is aggrieved by this determination, they have a right to appeal it within thirty (30) days
of the date notice of this determination is given, in accordance with Section 15.2-2311 of the
Code of Virginia. If they do not file a timely appeal, this determination shall be final and
unappealable. An appeal shall be taken only by filing with the Zoning Administrator and the
Page 2
Determination of Parcel Tax Map 57-61
Letter to Frank Buck
April 12, 1999
Board of Zoning Appeals a notice of appeal which specifies the grounds for the appeal. An
appeal application must be completed and filed along with the fee of $95. The date notice of this
determination was given is specified above.
If you have any questions, please contact me.
Sincerely,
Zoning Administrator
Cc: Mark D. Mayry, LC (owner)
1107 Hazel Street
Charlottesville, Virginia 22902
Building Code Information
(804) 296-5832
COUNTY OF ALBEMARIF
Department of Building Code and Zoning Services
401 Mclntire Road, Room 223
Charlottesville, Virginia 22902-4596
FAX (804) 972-4126
'FrD (804) 972-4012
Zoning Information
(804) 296-5875
MEMORANDUM
TO:
FROM:
DATE:
RE:
Members, Albemarle County Board of Supervisors
Amelia G. McCulley, Zoning Administrator ~
April 8, 1999
1998 Annual Report of the Board of Zoning Appeals
Please find the attached 1998 annual report of the Board of Zoning Appeals. Summary
information from the five preceding years is included to provide context.
The number of appeals (eight) in 1998 remained consistent with the number in 1997.
Most are appeals from determinations of violation.
The number of variances in 1998 increased overall by nine, (from 23 in 1997 to 32 in
1998). Setback variances, mostly for canopies over fuel islands, increased the most.
Most if not all of these canopies were done in conjunction with projects to meet the
December 1998 deadline for the replacement of underground fuel storage tanks.
Setback variances for additions to existing nonconforming houses (primarily) continue to
be an issue. Draft amendments to the zoning ordinance to deal with this will be scheduled
for public hearings in the near future.
1998 ANNUAL REPORT
ALBEMARLE COUNTY BOARD OF ZONING APPEALS
I. INTRODUCTION
This report includes summarized information for the past five years (1994 -1998), in
addition to the 1998 annual report.
The Code of Virginia states that the Board of Zoning Appeals shall submit a report of its
activities to the governing body at least once each year. {Sec. 15.2-2308} This report
is a brief outline of the past and pending activities.
II. PERSONNEL
The Board of Zoning Appeals consists of five members. They are appointed by the
Circuit Court for a term not to exceed five years. The Board members during 1998
were:
Member
Max C. Kennedy
Chairman
Richard Cogan
Vice-Chairman
George Bailey
Secretary
William Rennolds
David Bass
Term Expiration
Reappointed May 23, 1998 for a five year term - May 23, 2003
Reappointed May 23, 1997 for a five year term - May 23, 2002
Reappointed May 23,1995 for a five year term - May 23, 2000
Reappointed May 23, 1996 for a five year term - May 23, 2001
Reappointed May 23, 1997 for a five year term - May 23, 2002
III. OPERATING PROCEDURES
Regular meetings of the Board are held the first Tuesday of each month starting at 2:00
p.m. The meeting time was moved back from 3:00 p.m. to accommodate the earlier
Planning Commission meeting of 6 p.m. rather than 7 p.m. Special meetings are called
in cases of appeals or a high number of submittals, when the regular schedule does not
provide sufficient time.
The Board operates with a set of by-laws. In addition, there is a procedure statement
for filing and processing applications to be heard.
1998 Annual Report
Albemarle County Board of Zoning Appeals
Page Two
IV, EXPENSES
The Board of Zoning Appeals does not have a separate budget. Compensation and
mileage is included within the budget of the Department of Building Code and Zoning
Services. The BZA is specifically funded within the Zoning cost center. Funding for
Board members' salaries in 1998 is consistent with prior years and was a total of
$3,700. They are each reimbursed $35 per meeting, and mileage traveled to the
meeting.
Staff to the Board includes the Director of Building Code and Zoning Services (Zoning
Administrator) and the Chief of Zoning Administration (Deputy Zoning Administrator).
Support staff includes the Office Associate IV and the Office Associate III.
V. ACTION SUMMARY
The number of actions considered by the Board of Zoning Appeals during 1998 and
each of the previous four years is shown by category in the following table:
BOARD OF ZONING APPEALS ACTIONS 1994 - 1998-
VARIANCE 1994 1995 1996 1997 1998
TYPE
SETBACK 3 9 7 14 25
SIGNAGE 6 4 2 5 2
MISC. 3 5 9 3 5
SEPTIC 3 3 2 1 0
RESERVE
APPEALS 8 7 3 8 8
YEARLY 23 28 23 31 40
TOTALS i.
1998 Annual Report
Albemarle County Board of Zoning Appeals
Page Three
VI. IMPACT ON BOARD REVIEW
A change to the State Code has increased the number of appeals by stating that the
Zoning Administrator's decision if not appealed in a timely fashion (within thirty days),
are final and unappealable. A later Code amendment has stated that after sixty days, a
decision may not be changed or reversed by the administrator or other administrative
officer unless the decision was improperly obtained. Many appeals result from official
determinations of zoning violation through enforcement action.
A wholesale revision to the sign regulations in 1992 decreased the number of sign
variances. Some sign variance requests such as height of wall signs, are recurring.
The Board of Zoning Appeals held 13 meetings in 1998. The prior years' summaries are
as follows:
1998 13 meetings
1997 13 meetings
1996 11 meetings
1995 10 meetings
1994 12 meetings
Appeals were as follows:
1998
2
5
1
Determination of violation
Determination of use
void
1997
1
3
2
1
1
c:bza98rpt.doc
Parking on Rt. 6
Deferred (2 lighting & 1 height wall signage)
Determination of violation
Signage
Parcel subject to EC Regulations (Refunded)
March 29, 1999
COUNTY OF ALBEMARLE
Dept. of Planning & Cornmunit~' Development
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
Arthur Valente, Architect
1871 Seminole Trail
Charlottesville, VA 22901
RE' ZMA-98-26 Woodbrook Crossing Executive Offices; Tax Map 45, Parcel 90
Dear Mr. Valente:
The Albemarle County Planning Commission, at its meeting on March 23, 1999, unanimously
recommended approval of the above-noted petition to the Board of Supervisors. Please note that
this approval is subject to the attached proffers dated 3/16/99, signed by Arthur Valente.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on April 21, 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.
The Commission also unanimously approved the critical slope and disturbance within the buffer
waivers for SDP-99-014.
If you should have any questions or comments regarding the above noted action, please do not
hesitate to contact me.
Sincerely,
/ Senior Planner
SET/jcl
Cc:
Ella Carey
Amelia McCulley
Jack Kelsey
Section 15.1- 490 of the Code of Virginia states that, "Zoning ordinances and districts shall be drawn
and applied with reasonable consideration for the existing use and character of the property, the
comprehensive plan, the suitability of property for various uses, the trends of growth or change, the
current and future requirements of the community as to land for various purposes as determined by
population and economic studies and other studies, the transportation requirements of the community.
the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public
services, the conservation of natural resources, the preservation of flood pla/ns, 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 or municipality."
These are the items which will be reviewed by the staff in their analysis of your request. Please provide
any additional information you feel is necessary to assist the County in its review of your request. If you
need assistance ~ling out these items, staff is available.
What is the Comprehensive Plan designation for this property
Whatpublicneedorbenefitdoesthisrezoningserve? I'T ~x~E.~ ~-o~[ ~.~1~..~ t,l~'l::~-'~ ~rtag'~qslO~/a,~..
Are public water, sewer, and roads available to serve this site? Will there be any impact on these facilities?
What impact will there be on the County's natural, scenic, and historic resources? lq 15
OPTIONAL: Do you have plans to develop the property if the rezoningis approved? If so, please describe:
If you would like to proffer any restrictions on the development of the property, please list these proffers on the following
optional attachment entitled, "PROFFER FORM".' Proffers are ~ offers to use property in a more restrictive way
than the overall zoning district classification would allow.
By State Code, proffers must have a reasonable relationship to the rezoning and are not mandatory.. The rezoning must give
rise to the need for the proffers; the proffers must be related to the physical development or physical operation of the property;
and the proffers must be in conformity with the Comprehensive Plan.
2
tAX 0T~4012
I ATTACHMENT E1
Odginnl Proffer
Amended ProHer ~
(Amendment #___.)
PROFFER ~
Date: ~..-t~..,:,:% _ 7_MA :/l . Tax Mop Parcel(s) #
Acres to bo rezonpd fron'~
its duYy authorized 3gen[. hercby voluntarily proffers tho conditions listed be~ow wl~io~ shall
be applied to [f~e property, if rezoned. 'rh~se conditions are profferud aS ~ p~ of tl~e
r~quested rczoning and it is ngreod ti~at: (1) the rrtzomng itself gives rise tO tl~e nerd for
the conditions; and (2) such conditions l~ve a rea¢onab[c relation to {t~e rozenin9
requested.
permit, sh~ll include only those uses allo~e~ in section' ~.. of the
Albemarle County Zoning Ordinance in affect on May 8, [996, a copy o£
the section$ being &ccache~ hereto, except the follov&ng:
Section 22,2.1
Sec:ioa 22.2.1
Item #16:
Item ~22:
N~wss~an~s, magazines, pipe a~ :~b~co shops
AuCo~obile service stations
Automobile, ~uck repair shop including bo~y shop
$i~nolures O,r ,Alt OwnecG
Prinlcd i'9.~m: O1
$
1 :58 9724012 DEPT OF PLANNING
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
SUSAN E. THOMAS
MARCH 23, 1999
APRIL 21, 1999
ZMA 98-26 WOODBROOK CROSSING EXECUTIVE OFFICES
Applicant's Proposal: Rezoning of an existing parcel of land from R-6, Residential to C-I,
Commercial, to be consistent with the current zoning of an adjacent parcel, to which it will be
added by survey plat pending approval of this request. With this rezoning request, the applicant is
seeking to add a 50 X 177-foot strip of land to Parcel 9lB, to allow adequate area for
development of an office building. A site development plan application has been submitted
concurrently. (See Attachment A, B, C, D)
Petition: Request to rezone .204 acres from R-6, Residential to C-l, Commercial to allow
professional office usage. The property, described as Tax Map 45 Parcel 90, is located in the
Rivanna Magisterial District between Woodburn Road (Route 659) and Berkmar Drive (Route
1403), adjacent to the intersection of Berkmar Drive and Woodbrook Drive. The Comprehensive
Plan designates this property as Transitional in Neighborhood One.
Character of the Area: This parcel is located in a developing commercial/office area which
includes retail, financial, service, and private and public school uses.
RECOMMENDATION: Staff'has reviewed this application for conformance with the provisions
of Title 15.1, Article 8, Chapter 11 of the Code of Virginia (1997), as amended; Sections 1.4, 1.5,
and 1.6 of the Zoning Ordinance, and the Comprehensive Plan, and recommends approval.
Piannine and Zonin~ History:
R-6, Residential zoning for this parcel appears to have been part of the comprehensive rezoning
adopted in 1980. Parcel 9lB was rezoned from R-6 to C-1 on May 8, 1996 (ZMA 95-23), with
the following proffers:
Permitted uses of the property, and/or uses authorized by special use permit, shall include only
those uses allowed in section 22 of the Albemarle county Zoning Ordinance in effect on May 8,
1996, a copy of the sections being attached hereto, except the following:
Section 22.2.1
Section 22.2.1
Section 22.2.1
Section 22.2.1
Item # 3:
Item # 10:
Item # 16:
Item # 22:
Department Stores
Newsstands, magazines, pipe and tobacco shops
Automobile service stations
Automobile, truck repair shop including body shop
The applicant has indicated that he will offer the same proffers on the portion of Parcel 90 to be
added to Parcel 9 lB. (see Attachment E)
Comprehensive Plan: This area is recommended for Transitional Use in the Land Use Plan,
Comprehensive Plan, and lies within Neighborhood One. In Table I: Non-Residential Land Use
Guidelines on page 31 of the Plan, the Purpose/Intent of the Transitional designation is described
as, "Mixed office, limited commercial and/or residential as transition between residential and
business uses." Table I describes Typical Primary Uses as, "Offices - Neighborhood scale
commercial excluding gas stations - Attached residential and/or multi-family in planned
development concept.'
The Land Use Plan contains specific language related to this area (p. 37):
Due to the potential impact of the Western Bypass, the area north of Rio Road, west of
Berkmar Drive and east of Woodburn Road, was designated Transitional. This
designation will allow for a wide flexibility of uses and allow uses that would be
compatible with the bypass in the long term and provide a transition to the residential
property to the west in.the short term. Access to Woodburn Road from properties located
between Berkmar Drive and Woodburn Drive will be prohibited. Proposed development
which impacts on the bypass development shall be discouraged.
Maintain the wooded ridgeline along Berkmar Drive to buffer the residential properties
along Woodburn Road.
The proposal to rezone this property (a portion of Parcel 90) from R-6 to C-1 is consistent with
the recommendations in the Land Use Plan outlined above. The addition of this area to Parcel
9lB (the reason for this rezoning request) will allow what would otherwise be an extremely small
parcel to be enlarged to accommodate the requested office use. Development of this parcel at its
present size for most commercial or office uses appears to be problematic. The wooded ridgeline
referred to in the Land Use Plan recommendations lies to the north and west of this site.
Staff Comment: Staff has reviewed the proposal for impacts on nearby and surrounding
properties, traffic, public utilities, and schools. No impact on nearby and surrounding properties
is anticipated because Parcel 9 lB is already commercially zoned, and through this action will
increase slightly in size. The applicant has requested a rezoning simply to add area to an existing
parcel as described above. Public utilities are available, and due to the commercial nature of the
proposed development, no impact to schools is anticipated.
SUMMARY:
Section 33.9 of the Zoning Ordinance states that a proposed zoning map amendment (ZMA,
rezoning) shall be reviewed in regard to section 1.4., Purpose and Intent; 1.5, Relationship to
Environment; and 1.6, Relationship to Comprehensive Plan; of the Ordinance, which have been
adopted pursuant to'the provisions of Title 15.1, Chapter 11, Article 4, Code of Virginia, 1950, as
amended. The relationship to and consistency with the Comprehensive Plan [Land Use Plan] was
discussed earlier in this report. Section 1.4 and 1.5 are discussed below.
Staff finds that this proposal promotes the intent of the following section:
1.4.7
To encourage economic development activities that provide desirable
employment and enlarge the tax base;
(Amended 9-9-92);
1.5
This ordinance is designed to treat lands which are similarly situated
and environmentally similar in like manner with reasonable
consideration for.., 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,...;
The area between Berkmar Drive and Woodburn Road is anticipated to undergo substantial
change in the future, either as a result of the construction of the Western Bypass or because of
increasing commercial development within Neighborhood'One, or both. This use appears to be
flexible enough to co-exist with the bypass, should it be constructed, while also remaining
compatible with the variety of uses around it. If the property located to the north and west
remains residential, as it is presently zoned, stafffinds that the office use would be as compatible
with the residential use, if not more so, than the existing non-residential uses or others that could
be anticipated for the area.
RECOMMENDED ACTION:
Staff recommends approval of this request, with the following proffers:
Permitted uses of the property, and/or uses authorized by special use permit, shall include only
those uses allowed in section 22 of the Albemarle county Zoning Ordinance in effect on May 8,
1996, a copy of the sections being attached hereto, except the following:
Section 22.2.1
Section 22.2.1
Section 22.2.1
Section 22.2.1
Item # 3:
Item # 10:
Item # 16:
Item # 22:
Department Stores
Newsstands, magazines, pipe and tobacco shops
Automobile service stations
Automobile, truck repair shop including body shop
ATTACHMENTS:
A - Tax Map
B- Plat
C - Site Plan
D - Applicant's Justification
E - Applicant's Proffers
A:~xna9826 woodbrook report, doc
4
ALBEMARLE
COUNTY
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Planning Dep[.
~Sectioa 15.1- 490 of the Code of Virginia states that, "Zoning ordinances and districts shall be drawn
and applied with reasonable consideration for the existing use and character of the property, the
comprehensive plan, the suitability of property for various uses, the trends of growth or change, the
currem and future requirements of the community as to land for various purposes as determined by
population and economic studies and other studies, the transportation requirements of the community,
the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public
services, the conservation of natural resources, the 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 or municipality."
These are the items which will be reviewed by the staff in their analysis of your request. Please provide
any additional information you feel is necessary to 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
Whatpublicneedorbenefitdoesthisrezoningserve? ~-1' 'P~nDF_~ ~o~ MOC~
_..~ ~ 90 ~
Are public water, Sewer, ~d roms av~lable m se~e ~is site? Will ~em ~ ~y impact
What impact will ~ere be on ~e Count's natural, scenic, ~d historic resources? M ~
OPTIONAL: Do you have plans todevelop the property if the rezoning is approved? If so, please describe: YF_.%. ~
If you would like to proffer any restrictions on the development of the property, please list these proffers on the following
optional attachment entitled, "PROFFER FORM". Proffers are ~ offers to use property in a more restrictive way
than the overall zoning district classification would allow.
By State Code, proffers must have a reasonable relationship to the rezoning and are not mandatory. The rezoning must give
rise to the need for the proffers; the proffers must be related to the physical development or physical operation of the property;
and the proffers must be in conformity with the Comprehensive Plan.
2
0~/16/1B99 0~:06 0
.03/16/99 08'.$B FAX 9T24012
Da[e: "a .:.. IG,,..q.~ _ ZMA
A. VALENTE
DEPT OF PLANNING
PRO~F.F ~R EOR M
..... Tax Mep Parcel(s) #
P~GE
hTTACHMENT EJ
Original Proffer
Amended Proffer
(Amendment
03
Acres to t)o rezoned from R-~ 10 ~,,.I
13ursuant to Seclioa 33 3 of tl.,c~ Albcrnndc; County Zoning Ordinanca, tl~o owner, or
its du~y au[t~orizod agent, l~eroby voluntarily proffers flw: conditions tit;ted below which shalt
be applied to the properly, if razonod. These condf[ions nrc proffered as a pa~ of the
r~qu~sted'rczoning and it is ;]greed [hok (1) tho rnzomng itself gives nme tO tl~a
the conditions: and (2) such conditions i~ave a rc~onobb felalio~ to 11~¢ rezoning
requested,
pe~t, shall include only those uses allo~e~ in Section 22 of the
Albe~rle County Zoning O~dl~ance i~ effect on May 8, i996, a copy 0£
the sec~ton~ being &~tached hereto, except the followiug:
ieceion 22,2.1
Section 22,2.1
Section 22.2.1
Sectio~ 22.2.1
Item # 3:
I:em #16:
ICmm #22~
Newsstands, m~$azine~, pipe amd :~ba~co shops
Automobile service-stations
Automobile, ~uck ~epa!r shop including bo~y shop
· ..cliun~iura~ Of All Owner:;
Proper Power of ^ltornc¥)
Prinlecl N.arn~ of ^ilOrnc¥.in.l:ac:!
19 13:58 FAX 9724012
FDEPT
°
PA~ES
ZMA 98-26 Woodbrook Crossing Executive Suites (Sign 046)
Request to rezone .204 acres from R-6, Residential to C-l, Commercial to allow professional office
usage. The property, described as Tax Map 4:5, Parcel 90, is located in the Rivanna Magisterial District
between Woodbum Road (Route 659) and Berkmar Drive (Route 1403), adjacent to the intersection of
Berkrnar Drive and Woodbrook Drive. The Comprehensive Plan designates this property as
Transitional in Neighborhood One.
· Ms~ Thomas presented the staff report in the applicant's absence,.notin8 that the pr0~o~al includes a
.... rezoning and request for waivers to allow grading on critical slopes and buffer dist/irbahce.' ~She~'
explained that the site originally was very small, and the applicant secured an option on a ,.50-foot strip
from the adjacent residential parcel, which would be.added t0 the's~ler pai://~l:t6;'/llo~v''i{ i~)'b~ big
enough to accommodate an office building and the required parking?Ms,~ Thomas indicated that the
proffer~ pre. sented are intended to match those'that were Offered on the dominant(larger) parcel. She
referenced the executive summary addressing the request to grade on critical slopes and the possibility
that the parking lot may disturb the buffer between this property and the adjacent residential property in
forming the curb.
In response to Mr. Thomas' question about disturbing the buffer, Ms. Thomas explained that the area is
somewhat wooded, with the property adjacent to the parcel recently vacated as residential.
Public comment was invited. None was offered.
MOTION: Mr. Nitchmann moved, Ms. Washington seconded approval of ZMA 98-26 with the
proffers included.
SDP 99-014 Woodbrook Crossing Executive Offices Preliminary Site Plan Critical Siope/Gradine
within the Buffer Request
Request in conjunction with a preliminary site plan application for professional offices, for a waiver to
allow grading on critical slopes within the buffer.
MOTION: Ms. Washington moved, Mr. Nitchmann seconded SDP 99-014. The motion passed
unanimously.
SDP 98-166 Pounding Brook Golf Club Preliminary Site Plan
Request for preliminary site plan approval to construct an 18-hole public golf course, with associated
clubhouse and driving range, on a total of 319 acres zoned RA, Rural Areas. The property, described as
Tax Map 73, Parcel 27G is located on the southern side of State Route 637 (Dick Woods Road), across
from the Ivy Landfill Handling Center. This property is located in the Samuel Miller Magisterial
District and is not located within a designated.growth area.
Mr. Cilimberg prefaced the discussion of SDP 98-166 by explaining that a recent article in the
newspaper incorrectly described the item under consideration. He said that as this use has already been
approved by the Board (with conditions as a special use permit); the issue before the Commission is the
site plan which will allow the development of the use, and the site plan. has to be approved in accordance
with the site plan provisions of the Zoning Ordinance and the conditions of the Special Use Permit).
This permit (SDP 98-166) is a ministerial decision, and would only go to the Board if someone were to
request that they review it.
Mr. Fritz said that aider the preparation of the staff report, the applicant presented some information
which satisfies the condition that arose from the engineering department's concern about water quality;
staffis no longer recommending denial based on that provision. He stated that the project was before
?
112
March 25, 1999
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(8O4) 296-5823
George & Cathy Seymour
1980 Bentivar DriVe
Charlottesville, VA 22911
SP-99-01 The Import Car Store
Tax Map 4fiB1, Section 6, Parcel lB
Dear Mr. & Mrs. Seymour:
The Albemarle County Planning Commission, at its meeting on March 23, 1999, unanimously recommended
approval of the above-noted petition to the Board of Supenrisors. Please note that this approval is subject to the
following conditions:
The total number of outdoor storage and display parking spaces shall be limited to fifteen (15).
Architectural Review Board (ARB) issuance of a Certificate of Appropriateness, which includes:
a. Vehicles for display shall not be elevated;
b. Vehicles shall be displayed only in areas shown on the site plan
c, All landscaping required on previously approved site plans shall be installed on site.
No additional outdoor lighting shall be installed without the approval of the ARB.
No outdoor amplifiers or loud speakers shall be installed.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public
comment at theb' meeting on April 21, 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 commems regarding the above noted action, please do not hesitate to contact
me.
Sincerely,
Eric Morrisette
Planner
EM/jcf
Cc: Ella Carey
Amelia McCulley
Jack Kelsey
C:\V~P5 I~BOSACT.FRM
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
Eric L. Morrisette
March 23, 1998
April 21, 1999
SP 99-01 THE IMPORT CAR STORE
APPLICANT'S PROPOSAL:
SP 98-059 Peeasus Motorcar Company - Petition to convert a portion of an existing building
into an automobile dealership within a designated Entrance Corridor [30.6.3.2] located on 9.73
acres zoned HC, Highway Commercial, and EC, Entrance Corridor (Attachment A). Property,
described as Tax Map 45B1, Section 06, Parcel lB, is located on the eastern side of Route 29
North [Seminole Trail], in a portion of the former Federal Express building (Attachments C &
D). This site is located in the Rio Magisterial District and is recommended for. Community
Service Use in Urban Neighborhood 2.
CHARACTER OF AREA:
The property is located on the eastern side of U.'S. Route 29 North [Seminole Trail] (Attachment
C). Adjacent property to the east and southeast~ zoned R-2, Residential~ is in the Carrsbro°k
subdivision.. Adjacent property to the southwest, zoned HC, Highway Commercial, is the
location Of an abandoned landscape nursery. Property across Route 29, zoned HC, Highway
Commercial, is the location of the Double Tree Hotel. The North Fork of the Rivanna River
borders the site to the north.
This site is a developed site that contains three commercial/warehouse structures (Attachment B).
The applicant proposes to use a portion of the abandoned Federal Express building to create a
small automobile dealership and convert fifteen [15] parking spaces for outdoor display of
automobiles. The existing entrance is directly off of Route 29 North [Seminole Trail].
COMPREHENSIVE PLAN:
This area is recommended for Community Service Use in Urban Neighborhood 2. The
Comprehensive Plan does not list auto dealers as a primary use in this service designation.
Therefore, this proposal is inconsistent with the Comprehensive Plan. Auto dealerships are
permitted by-right in the Highway Commercial Zone; the special use permit requirement is under
the Entrance Corridor District regulations for its outdoor storage and display component.
PLANNING AND ZONING HISTORY:
SDP 95-089 Federal Express Phase Four Final Site Plan - Signed September 28, 1995: Proposal
to construct a 2-story building totaling 29,874 square feet and 37 additional parking spaces in the
rear of the site.
SDP 95-053 Federal Express Phase IV Preliminary Site Plan -Administrative preliminary
approval granted July 26, 1995: Proposal to construct a 2-story building totaling 29,874 square
feet and 37 additional parking spaces in the rear of the site.
SDP 92-031 Federal Express/Charlottesville Aquatics Minor Site Plan Amendment - Signed
August 24, 1992: Proposal to add decking to the building and allow for outdoor display on the
decking.
SUB 91-166 Federal Express Entrance Reconfiguration Right-of-way Dedication Exempt Plat -
Signed November 6, 1991: Proposal to reconfigure the entrance and provide for right-of-way
dedication.
SDP 91-085 Federal Express Center Major Site Plan Amendment- SignedNov~mber 06, 1991:
Proposal to reconfigure the entrance.
SDP 90-021 Federal Exress Center Phase Three MinorSite Plan Amendment- No action taken:
Proposal to add additional parking to the site.
SDP 89-033 Federal Express Phase III Final Site Plan- SignedMay 25, 1989: Proposal'to
construct.a 46,000 square foot office/retail/warehouse building with 125 parking spaces currently
where Charlottesville aquatics is.
SDP 88-076 Federal Express Phase Three Preliminary Site Plan - Unanimously approved by the
Planning Commission December 13, 1988: Proposal to construct a 46,000 square foot
office/retail/warehouse building with 125 parking spaces currently where Charlottesville
Aquatics.
SDP 87-067 Federal Express Phase Two Site Plan - Unanimously approved by the Planning
Commission on December 17, 1987: Proposal to construct a 2,592 square foot building with
assodiated parking.
SUB 85-076 Federal Express- Signed 1985: Utility easement dedications.
SDP 84-067 Federal Express & Retail Office Building Site Plan - Approved by the B. O. S.
December 12, 1984 and signed on December 28. 1985: Proposal to construct a building with
7,500 square feet of retail, 14,000 square feet of warehouse, and 3,000 square feet of office, with
168 associated parking spaces.
REASON FOR PLANNING COMMISSION REVIEW:
In accord with the Entrance Corridor District regulations [Section 30.6.3.2], outdoor display of
automobiles for sale requires a special use permit approval by the Board of Supervisors.
STAFF COMMENT:
Staff Analysis:
Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance.
The Board of Supervisors hereby reserves unto itself the right to issue all special use
permits permitted hereunder. Special use permits for uses as provided in this ordinance
may be issued upon a finding by the Board of SUPervisors that such use will not be of
substantial detriment to adjacent property,
It is anticipated that the addition of automobile display and sales will have no negative impact on
the surrounding uses or on the site itself. The proposed use will be less intensive than the prior
use by parcel delivery vehicles. The proposed site isalso located within an intense commercial
area that is designated as Community Service Use in the Comprehensive Plan. Because the
proposed site is located within an intense commercial area, and the fact that in the vicinity
automobile dealerships experience no traffic conflict with their outdoor storage and display of
automobiles, it is anticipated at the use will not create a substantial detriment to adjacent
property. No additional outdoor lighting is proposed with this request (Condition 3). No
outdoor amplifiers or loudspeakers are proposed' with this request (Condition 4).
that the character of the district will not be changed thereby,
The site is located within an actively developing commercial district. Automobile dealerships
and associated outdoor displays are consistent with other uses in the district. The potential
impact of the use on the character of the district has been addressed by the Albemarle County
Architectural Review Board [ARB], which has expressed no objection to the use based on the
Entrance Corridor guidelines (Attachment E).
The ARB "... unanimously approved the outdoor display of automobiles subject to conditions",
that have been incorporated into the recommended conditions of approval for the special use
permit. The conditions prevent elevated vehicle displays, limit the location of the display spaces,
and ensure all necessary landscaping is planted.
and that such use will be in harmony with the purpose and intent.of this ordinance,
Staff has reviewed this request for compliance of Section 1.4, Section 1.5, and Section 1.6 of the
Zoning Ordinance and finds no conflict with those provisions. Staff has also reviewed this
request for compliance with the purpose and intent of the Entrance Corridor Overlay District.
Based on the recommendation by the ARB, this use is in harmony with the purpose and intent of
the EC District. The Zoning Department has reviewed this request and has determined that the
site can accommodate fifteen [15] parking spaces for outdoor storage and display (Attachment
F).
As noted earlier, this site is recommended for Community Service Use in Neighborhood 2 of the
Comprehensive Plan. Although automobile dealerships are not a recommended use in the
Comprehensive Plan, staff finds no conflict with this proposal. The proposed dealership is in
harmony with other similar uses located in both the vicinity and in other Community Service Use
designated areas. Staff also finds the minimal size of the dealership [ 15 spaces] to have no
adverse impact on the purpose and intent of the Comprehensive Plan.
with the uses permitted by-right in the district,
Outdoor storage and display of automobiles is accessory to a by-right use and is in harmony with
other by-right uses located in this primarily commercial district.
with additional regulations provided in Section 5.0 of this ordinance,
Section 5.0 of the Zoning Ordinance provides no additional regulations for uses involving drive-
through windows.
and with the public health, safety and general welfare.
The Site Review Committee has identified no adverse affect on public health, safety, and general
welfare. Issues related to the EC Overlay District will be addressed by appropriate conditions Of
approval.
Summary_:
This use is by special use permit due to the use of outdoor storage and display of vehicles within
the Entrance Corridor Overlay District. Any exPansion of this use will require an amendment to
the special use permit. This use is permitted by right in the underlying Highway Commercial
district. The ARB has reviewed this request for its impact on the Route 29 North Entrance
Corridor. Their action, which is included as Attachment E, 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 staff's opinion that with the ARB's
approval of a Certificate of Appropriateness, this use is consistent with the intent of the Zoning
Ordinance.
Staff finds that the proposed use of outdoor storage and display of automobiles is an acceptable
and expected accessory to an automobile dealership. Although the use is inconsistent with the
recommendations of the Comprehensive Plan, staff finds no adverse impact of the Board of
Supervisor's issuance of this Special Use Permit. The Comprehensive Plan serves as a guide to
develop the County's growth areas. Auto dealerships are permitted by-right in the Highway
Commercial zone; the special use requirement is under the Entrance Corridor regulations.
Automobile dealerships are located throughout this district, some of which are in designated
Community Service areas. No major conflict has been identified with the existing by-right
dealership uses in designated Community .Service Areas to date. Therefore, staff supports the
applicant's request for outdoor storage and display.
Staff has identified the following factors which are favorable to this request:
1. Reuse of an abandoned building;
2. The by-right use is consistent with Section 32.2.4.1 of the Zoning' Ordinance.
Staffhas identified the following factors which are unfavorable to this request:
The use is inconsistent with the guidelines for the Community Service designation in the
Comprehensive Plan.
Recommended Action:
Staff recommends approval of the proposed outdoor storage and display of automobiles with
conditions.
Recommended Conditions of Approval:
The total number of outdoor storage and display parking spaces shall be limited to fifteen
[15];
Architectural Review Board issuance of a Certificate.of Appropriateness, which includes:
a. Vehicles for display shall not be elevated;
b. Vehicles shall be displayed only in areas shown on the site plan (Attachment B);
and,
c. All landscaping required on previously approved site plans shall be installed on
site.
No additional outdoor lighting shall be installed without the approval of the ARB; and,
4. No outdoor amplifiers or loadspeakers shall be installed.
ATTACHMENTS:
A - Applicant's Special Use Permit Request and Justification
B - Site Plan
C - Tax Map
D - Location Map
E - Architectural Review Board Comments
F - Zoning Department Memo Dated February 23, 1999
County of Albemarle o:. Department of Building Code and Zoning Services
OFFICE USE ONLY _ t
Sign# Mag. Dist. ~tl~ Staff ~
Application for Special Use Permit
Project Name~howshou,d~crc~cr,omi.~app,icauon':) T~_~ -~"%gg~D~'~ C'/qr~
*E,istingW~ ~,/,~n.4'- Prcv,&.,~l~[ ,cd-Ex Proposed Use ~o4~ 5A/*'~
*Zoning District ' H-- ~ *Zoning Ordinance Section number requested
(*staff will assist you'with these items) ·
Number of acres to be covered by Special Use Permit ,,,.,*mon.m~a.,,,~a*~ao. ~o ~/r'~' ~ .,f'c' ¢ / z. ~$',~.../-.-"¢5
Is this an amendment to an existing Special Use Permit? FI Yes~ No
Are you submitting a site development plan with this application? ~ Yes.'No
Contact Person (Whom should we call/write concerning this
Daytime Phone (gOt~) Q 7~/- i3-%' Fax #
Ownerofland (As listed in me County's~ '--~New,loll O~,~j,~d,~,'~ed L~4
Address ~O ~h 5~8 City C~,'/o~,~ State
Z~pg~5o~
IApplicant,Whoisthecomactpe,sonrepresemiag?Whoisrequesti.gt~especiaJ.se?~: OON't/e / ~1
Daytime Phone ( ~Oq ) q 7 ~/- tT'lg Fax ~ E-mail
Does the owner of this property own~(gr have any ownership interest in) any abutting property? If yes, please list
those tax map and parcel numbers
OFFICE USE ONLY
Feeamount$ ~]"~'g).~O'~ DatcPaid 0~[~'t2gt qTCheck# ./q51 Receipt#
History: U! Special Use Permits: 71ZMAs and Proffers:
Variances:
Concurrent review of Site Development Plan?
G~Letter of Authorization
Yes [q No
IATTAC HMENT A }
401 McIntire Road -:- Charlottesville, VA 22902 -:. Voice: 296-5832 o:- Fax: 972-4126
Seetiofi*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 inten: o~ 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? Co/~l'tn t/0 I
Howwilltheproposedspecialuseaffectadjacentproperty? ~ t5 ~ ~q 4- I~'11 , t~. l.,J ,'/] ~
How will the proposed special use affect the character of the district surrounding the property?
How is the use in hamony with the purpose and intent ofthe Zoning Ordinance?
How is the u~e in h~mony with the uses pemitted by right
What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use?
How will this use promote the public health, safety, and general welfare of the community?
.~. ' .
! ATrACHI~IENT A~I
Describe your request in detail and include all pertinent information such as the nu .mbers of persons
involved in the use, operating hours, and any unique features of the use: '7~/zy.) -~'½or¢ ~,// b ¢
' "
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
7the Deed Book and page number or Plat Book and page number.
Note/ If you are requ~ng 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:
~3. Drawings or conceptual plans, ~f any.
[~1 4. Additional Information. if any.
&,
Printe~Name
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.
'Signatu~ ' ~'/ Date
Daytime phone number of Signatory
iATTACHM ENT A !
3anuary 20, 1999
County of Albemarle
Department of Zoning
401Mclntire Road
Charlottesville, VA 22902
To Whom I t May Concern:
This letter hereby au'thori, zes George Seymour to apply
for a Special Use Permit on Tax Map qSBl parcel DIB. Mr.
Seymour will be leasing space.
Sincerely,
WendeJl W. Wood
President
975-3334 975-0267
P.O. Box 5548 · Charlottesville, Virginia 22905 · (804)~Xg;1LtO~ · Fax (804)XgqT, gx51~t$:
I
/
?
I
?
ALBEMARLE COUNTY
ATTACHMENT C
SP 99-01 The Import Car Store
SECTION A
SECTION 8
SECTION C i~.OCKS A&8
SECTION C
SECTION 0
L._.® PARCEL O
' /
· 0 '
"- ,/4
6
'%
'.. J
4 q
$
9
· '~-' '? ....., CHARLOTTESVILLE DISTRICT SECTION 45B(I)
ALBEMARLE
3:
COUNTY
J ATTACHHENT D J'
e,' q
7
is,. ,r //.
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SP 99-01 The Import Car Store
CHARLOTTESVILLE, RIVANNA
JACK JOUETT DISTRICTS
SCE
SECTION
SECTION 45
ATTACHHENT E]
February lg, 1999
COUNTY OF ALBEMARLE
Dept, o~ Plannin~ & Community Development
401 Mclnfire Road '
Charlottesville, Virginia 22902-4596
(8O4) 296-5823
George Seymour
1980 Bentivar Drive
Char!e,e~Alle,VA 22911
ARB-F(SIGN)-99-05 The Impo~ Car Store Siga & Advisory Review for Outdoor Display of
Automobiles; Tax Map 45B1, Section 6, Parcel '~
Dear Mr. Seymour:
Ti~e 'Albemarle County Amhitectuml Review Board. at its February 16, 1999 meeting, r~ewed the above-noted
request for a Certificate of Appropriateness for one new wall sign, and adviso~ review of a proposal for outdoor
display of automobiles in the Entrance Comdor. The Board unanimously approved the outdoor display of
automobiles subject to the fol!e,:,Jx= .... ~dons:
Vehicles shall not be elevated.
Vehicles shall be displayed only in areas shown on the site plan.
All landscaping required on ~reviously approved site plans shall be installed on site.
In a separate action, the Board unanimously approved-a channel letter wail siga ;o icad "The Import Car
You nui) cohsider this your Certificate of Appropriateness.
Approval received from the Albemarle County Architectural Review Board is predicated on the fact that the design
and materials, as proposed and exhibited for review; will be used. The acceptance of approvai implies that the
applicant has agreed to use the materials as iadicated on the site plan. attachments, and samples ~ubmitted. Anv
change m the approved design or materials will require an amendment to the plan and must be reviewed and
approved by the Architectural Review Board.
If you have any questions regarding the above-noted action, please do not hesitate to contact me.
Sincerely,
Margaret M. M~ Pickart
Design Planner
MMMP/jcf
File John Grady
Albemarle County Development Departments s P-1999-001
SPIN Submission and Comments The 'mport car store [ATTACHHENT
Zoning [description and date] revision 1
reviewer received reviewed
Jan Sprinkle 2/23/99 2/23/99
decision
This department has determined that there ~s adequate parking in the existing lot for this use. With ten
display spaces, or 18,000sf, only one space would be required for customers, making the total for this
use equal eleven. There are at least fifteen spaces available by the site plan calculations and many more
when calculated by the existing businesses currently leasing within the center.
We are expecting a site plan revision to be submitted that will reflect some changes made in the as-built
condition. With that revision, there will be even more spaces shown.
2/23/99 05:56 PM Page 1 of 1
April 8, 1999
Dept.
COUNTY OF ALBEMARLE
of Planning & Community Development
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
Keith Hawkins
Box 476
Keswick, VA 22947
RE: SP-99-05 St. John Baptist Church, Tax Map 66, Parcel 78
Dear Mr. Hawkin~:
The Albemarle County Planning Commission, at its meeting on April 6~ 1999, unanimously recommended approval
of Phase I of the construction to the Board of Supervisors. The Commission deferred action indefinitely on Phase II
of the construction stating that a more informed decision could be made on Phase II after information is garnered
regarding parking lot and entrance needs. Please note that Phase I is recommended for approval subject to the
following conditions:
Phase One of this special use permit is for an approximately 516 square foot rear addition only to add a
bathroom and to enlarge the dining hall and pastor's study for the existing congregation.
Health department approval.
Day care use and other non-church activities shall be prohibited unless approved through a special use permit
amendment.
The Commission also deferred action on SDP-99-025 St. John Baptist Church Site Plan Waiver as part of the deferral
of Phase II.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public
comment at their meeting on April 21, 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,
Senior Planner
MJS/jcf
Cc:
Ella Carey
Steve Allshouse
Amelia McCulley
St. John Baptist Church
1
Jack Kelsey
SAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
MARY JOY SCALA
APRIL 6, 1999
APRIL 21, 1999
SP 99-05 ST. JOHN BAPTIST CHURCH
NOTE: This staff report has been amended since it was presented to the Planning
Commission to combine the original staff report and an addendum report.
Applicant's Proposal: The applicant proposes a two phase plan to add onto an existing historic church. The first
phase plan is to construct a 516 square foot rear addition to add a bathroom and to enlarge the dining hall and
pastor's study for the existing congregation. In the future the second phase plan is to add additions to either side of
the sanctuary, which would accommodate a larger congregation, and would require additional site improvements.
(See applicant ~ sketch plan- Attachment A)
Petition: Request for special use permit to allow an addition to the existing church in accordance with Section
10.2.2.35 of the Zoning Ordinance which allows for church building and adjunct cemetery. The property, described
as Tax Map 66, Parcel 78, contains 3.0 acres, and is located in the Rivanna Magisterial District on St. John Road,
Route # 640, approximately 0.5 miles fxom the intersection of Gordonsville Road, Route # 231. The property is
zoned PA, Rural Areas. The Comprehensive Plan designates this property as Rural Area. (See tax map -
Attachment B}.
Character of the Area: The site is located in an area of large farms and scattered dwellings. St. John Road is a
paved road connecting Cash Comer and Cobham.
SUMMARY AND RECOMMENDATIONS: Staff opinion is that this request is in compliance with the
provisions of Section 31.2.4. I of the Zoning Ordinance. Staff recommends approval of the special use permit
for the phase one addition to the dining hall with conditions. Staff opinion is that a site plan is not required at
this time. If an addition is proposed in the future which increases the intensity of use, then this special use
permit must be amended, and a site plan or site plan waiver required.
Planning and Zoning History: VA 99-04 for a reduction in fxont setback approved.
Comprehensive Plan: This site is designated Rural Area. The church is a contributing historic structure in the
Southwest Mountains National Register Rural Historic District' It is described as a late Greek Revival-style church
which is one of the earlier African American churches established in Albemarle County, c. 1890. (See photos-
Attachment C) There is a late 19th-century cemetery at the rear of the church which is a contributing site. Nearby
contributing buildings are an African American schoolhouse and Odd Fellows Hall.
STAFF COMMENT: Staff has addressed each provision of Section 31.2.4.1 of the Zoning Ordinance pertaining
to approval of special use permits:
The Board of Supervisors hereby reserves unto itself the fight.to issue all special use permits permitted hereunder.
Special use permits for uses as provided in this ordinance mag be issued upon a finding by the Board of Superviso~
that such use will not be of substantial detriment to adjacent property,
Staff opinion is that the proposed additions will not be of substantial detriment to adjacent property. The property
is well-maintained and the use of the church is periodic.
The addition to the dining hall will not occasion any additional traffic to the site. The dining hall currently seats 32;
the addition will add 48 seats, or 80 seats total. The existing congregation is 100 persons, with 75-80 regular
attendees at the twice monthly Sunday services. There are approximately 90 existing seats in the sanctuary. The
future expansion of the sanctuary would increase the traffic to the services, adding approximately 64- 70 seats.
that the character of the district will not be changed thereby,
The addition to the dining hall will not change the character of the district. The future addition to the sanctuary will
affect the character of the district by substantially altering the appearance of a contributing historic church. A
preliminary review by the Virginia Department of Historic Resources indicates that an expansion that dramatically
changes the traditional form of the church, and covers materials such as original windows would cause the building
to lose its contributing stares. Staff has met with representatives of the church to discuss options to reduce the
impact of the proposed future additions.
and that such use will be in harmony with the purpose and intent of this ordinance,
Staffhas reviewed the purpose and intent of the Zoning Ordinance, relation to the environment, and relation to
Comprehensive Plan as stated in Sections 1.4, 1.5 and 1.6, and has found this application to be in harmony with
these sections.
with the uses permitted by fight in the district,
This property and the adjacent properties are zoned RA, Rural Areas. Staff opinion is that the proposed use is in
harmony with the uses permitted by fight in the district.
with additional regulations provided in Section 5.0 of this ordinance.
There are no supplementaw regulations for churches.
and with the public health, safe _ty and general welfare.
The Virginia Department of Health is working with the applicant to upgrade the existing septic system. The
Health Department is not requiring an upgrade to the septic system for phase one, but will require a permit to
limit the nUmber of events per day. There are currently two toilets and a kitchen sink with one new toilet
proposed. No cooking is done on site; the kitchen is used to keep prepared foods warm.
The Virginia Department of Transportation is recommending that the two gravel entrances be widened to 30 feet
and paved to the right~of-way line. They note that the southern entrance has 350 feet of sight distance, with 400 feet
required (a hedge on the adjacent property limits sight distance, when measured at the property line, 10 feet from
the paved roadway). The northern entrance meets sight distance with minor trimming needed.
The County Engineering Department is recommending that the entrances are adequate for the existing use. They are
recommending upgrade of the entrances and parking when the sanctuary is enlarged, and the congregation increased.
The Building Official and the Fire Official anticipate no unusual problems or concerns. Zoning comments would
apply when a site plan is required.
2
DISCUSSION: Staff opinion is that the proposed phase one additiOn will add to the convenience of the existing
congregation. Although entrance and parking improvements could be required under the special use permit, it is
more appropriate, and in keeping with similar approvals, to require such improvements based on an intensification
of use.
Staff has noted that the proposed additions to the sanctuary would cause the building to lose its contributing status
in the Southwest Mountain National Register Rural Historic District. However, there are few alternatives to allow
increased attendance. They are: (1) adding multiple services, (2) adding onto the rear of the church, or (3)
constructing a new church building. The applicant does not wish to add multiple services. The existing 1965
addition and cemetery location limit building on the rear of the church. Constructing a new church building would
add expense. It is unfortunate that the historic value of the church would be compromised by a future addition,
however it is preferable that the historic church be saved and used rather than abandoned for a new structure.
The applicant disagrees with staffs recommendation that only phase one be approved at this time, and that the
special use permit be amended, and a site plan or site plan waiver required, if.an addition to the sanctuary (phase
two) is proposed in the future. The applicant has indicated that the Church would prefer to get conditional approval
for both phases at this time, rather than have to amend the special use permit in the future, which would require
another $85 special use permit fee. (The site plan fee is waived if submitted with the special use permit.)
Staffhas not recommended approval of both phases at this time because the site plan pertaining to phase two has
not been completed, and there are several issues remaining to be resolved before it can be approved. Issues
remaining to be resolved regarding phase two are:
(1) The parking area must be expanded to accommodate the existing and proposed assembly areas. It appears that
approximately 23 spaces would be required for the existing assembly area, and approximately 16 additional spaces
would be required for the proposed area, or a total of 39 spaces. It is not clear that all the parking can be
accommodated on the south side of the church, due to the proximity of the cemetery and the necessary septic system
improvements. As part of the site plan approval, the parking lot must be landscaped and screened from the adjacent
Rural Area zoning. The parking must be delineated with bumper blocks or painful lines. If the parking is
constructed over the septic lines, it must be paved. If there is a significant increase in impervious, surface, which at
this time appears unlikely, then stormwater BMP measures would be required.
(2) The entrances must be improved to commercial standards, 'which includes widening, paving, and sight distance
requirements. Site distance must be obtained at the southern entrance by trimming vegetation offsite; a sight
easement may be required. If all the parking cannot be accommodated on the south side of the church, then the
northern entrance must also be upgraded to commercial standards. A power pole may need to be relocated to widen
that entrance.
(3) The septic system will probably have to be upgraded to accommodate the increased congregation. It is
not known whether there is sufficient area for the septic system improvements to remain in the area of the
parking lot, or if they will have to be located some distance away.
(4) Special use permits are valid for eighteen months; a structure must be commenced within two years
fi.om the date of the permit. The Board may impose alternative time limits. In this case, the time limit for
the phase two improvements should be addressed in the conditions of approval.
SUMMAR~(: Staff opinion is that this request is in compliance with the provisions of Section 31.2.4.1 of the
Zoning Ordinance. Staff recommends approval of the special use permit for the phase one addition to the
dining hall with Conditions. Staff opimon is that a site plan is not required at this time. If an addition is
proposed in the future which increases the intensity of use, then this special use permit must be amended, and
a site plan or site plan waiver required. Staff recommends the following revised conditions:
RECOMMENDED CONDITIONS OF APPROVAL OF SP 99-05:
1. This special use permit is for an approximately 516 square foot rear addition only to add a bathroom and to
enlarge the dining hall and pastor's study for the existing congregation.
2. Health Department approval.
3. Day care use and other non-church activities shall be prohibited unless approved through a special use
permit amendment.
Should the Planning Commission and Board of Supervisors choose to approve both phases at this time, staff
recommends the following conditions:
RECOMMENDED CONDITIONS OF APPROVAL OF SP 99-05:
(Phase One):
1. Phase One of this special use permit is for an approximately 516 square foot rear addition only to add a
bathroom and to enlarge the dining hall and pastor's study for the existing congregation.
2. Health department approval.
3. Day care use and other non-church activities shall be prohibited unless approved through a special use
permit amendment.
(Phase Two):
1. Phase Two of this special use permit is for one-story additions to both sides of the existing sanctuary (total
area approximately 682 square feet).
2. Approval of a site plan or site plan waiver which must comply with regulations in effect at the time it is
approved, including parking and landscaping requirements, Health Department approval, and Virginia
Department of Transportation approval of commercial entrances.
3. Approval of the. building design by the Design Planner to ensure that the traditional form of the building
remains visible. The additions shall be. designed similar to the sketch dated April 6, 1999, to allow the front
comers of the church and the eave lines of the roof to remain exposed. (See sketch- Attachment D)
Phase two construction must commence within 5 years of the date of approval of this special use permit.
Day care use and other non-church activities shall be prohibited unless approved through a special use
permit amendment.
ATTACHMENTS:
A - Applicant's sketch plan
B - Tax map
C - Photos
D - Sketch
A:sp9905 st johns.doc
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ALBEMARLE
COUNTY ATTACHMENT B
5O
65
SP 99-05 ST. JOHN BAPTIST CHURCH
Oi STRI CT $ ECTI ON
66
ATTACHMENT
RIVANNA WATER AND SEWER AUTHORITY
WATER SUPPLY PROJECT
Apdl 20, 1999 DRAFT
This item was scanned under Water-Related Reports, 1999
From:
Subject:
Date:
Members, Board of Supervisors r .~ ~,~'~
Ella Washington Carey, CMC, Cie ....
Reading List for April 21, 1999
April 15, 1999
March 13, 1996
Mr. Martin
/ewc