HomeMy WebLinkAbout1998-10-14 ACTIONS
Board of Supervisors Meeting of October 14, 1998
October 15, 1998
AGENDA ITEM
ASSIGNMENT
Call to Order.
The meeting was called to order at 7:00 p..m., by the
Chairman.
Other Matters Not Listed on the Agenda
fi:om the PUBLIC. There were none.
SP-98-41. Wal-Mart Stores, Inc.
APPROVED subject to three conditions.
Clerk: Forward conditions in action letter to
Planning.
ZMA-98-02. Airport Road Office Complex.
APPROVED as proffered.
Clerk: Forward in action letter to Planning.
ZMA-98-16. Colonnade Center.
APPROVED as proffered.
Clerk: Forward in action letter to Planning.
ZMA-98-19. Mitchell Matthews.
APPROVED.
Clerk: Forward in action letter to Planning.
10.
Other Matters not Listed on the Agenda from
the Board.
REAPPOINTED Ivar Mawyer and George
Larie to the EqualizationBoard, with terms to
expire on December 31, 1999.
Clerk:
Update Boards & Commissions and prepare
appointment letters.
APPOINTED Donna Marshall to the Board
of Social Services, to fill out the unexpired
term of Michael Brown, with term to expire
on December 31, 1999.
Clerk:
Clerk:
Update Boards & Commissions and prepare
appointment letter.
Prepare letter for Chairman's signature.
Ms. Humphris suggested a letter of thanks be
sent to Delegate VanYahres for his recent
letter to David Gehr regarding
telecommunication towers.
AUTHORIZED County Executive to enter
into settlement agreement with Lakeside
Associates, on behalf of the County, for use of
detention pond at the Monticello High School
site.
County Attorney: Forward agreement to County
Executive for signature. Provide Clerk with copy of
agreement.
/ewe
Distribution List:
County Executive and staff
Board of Supervisors
Kevin Castner
Wayne Cilimberg
Larry Davis
Bill Mawyer
Amelia McCulley
Bruce Woodzell
COUNTY OF ALBEMARLE
MEMORANDUM
TO:
FROM:
DATE:
RE:
V. Wayne Cilimberg, Director of Planning and Community Development
Ella W. Carey, CMC, Clerk~
October' 15, 1998
Board Actions of October 14, 1998
At its meeting on October 14, 1998, the Board of Supervisors took the following actions:
Agenda Item No. 6. SP-98-41. Wal-Mart Stores, Inc. (Signs #58,#59<). PUBLIC
HEARING on a request to amend existing permit in accord w/provisions of §30.6.3.2 of Zoning Ordinance,
to expand outdoor storage & display w/in ECOD on 13.284 acs. Proposal calls for addition of 5 outdoor
storage containers on S side of existing Wal-Mart Store bldg. Loc on Rt 29 N. Znd HC. TM45,P68DS.
(This property is located in a designated growth area.) Rio Dist.
APPROVED SP-98-41 subject to the following three conditions recommended by the Planning
Commission:
Storage containers shall not exceed nine feet, six inches in height;
The gates will remain closed except when being used; and
The storage units will not be stacked.
Agenda Item No. 7. ZMA-98-02. Airport Road Office Complex (Signs #84U). PUBLIC
HEARING on request to rezone 2.5 acs from RA to C-1 w/proffers. A conceptual plan that accompanies
the rezoning, though not proffered, shows construction of an office bldg. Loc on S side of Rt 649 (Airport
Rd) approx 900 ft from inter of Airport Rd & Rt 29 (Seminole Trail): TM32,P41B. (This property is
designated for Office Service in Comp Plan.) Rivanna Dist.
APPROVED ZMA-98-02 as proffered, and set out on the attached Proffer Form, signed by Richard
H. Jones, General Parmer; Airport Road Limited Partnership, dated October 6, 1998.
Agenda Item No. 8. ZMA-98-16. Colonnade Center (Sign #56). PUBLIC HEARING on a
request to rezone 18,360 sq ft pcl from R-15 to HC to locate commercial/office bldg. Loc on Colonnade
Dr (off Ivy Rd, adj to Townside Shopping Ctr& University Heights Apts.) TM60,P40C2. Loc in
DevelopmentArea Neighborhood 6 & recom for Urban Density Residential use in Comp Plan. Jack Iouett
Dist.
APPROVED ZMA-98-16 as proffered, and set out on the attached Proffer Form, signed by S. W.
Heischman, Managing Partner, Colonnade Associates, LLC, dated October i4, I998.
NOTE: THE CORRECT TAX MAP, PARCEL IS TAX MAP 60, PARCEL 40C3.
Memo To: V. Wayne Cilimberg
Date: October 15, 1998
Page 2.
Agenda Item No. 9. ZMA-98-19. Mitchell Matthews (Signs #39(). PUBLIC HEARING
on a request to rezone .45 ac pd from R-1 to CO, to estab architects office & residents w/in existing
dwelling. Loc on Stillfried Ln (behind Teague's Funeral Home), off Rt 250 E. TM60,P36A. Property
located in Development Area Neighborhood 6 & recom for Community Service use in Comp Plan. Jack
Jouett Dist.
APPROVED ZMA-98-19.
Agenda Item No. 10. Other Matters not Listed on the Agenda from the BOARD.
AUTHORIZED County Executive to enter into settlement agreement with Lakeside Associates,
on behalf of the County, for use of detention pond at the Monticello High School site.
Agenda Item No. 11. Adjourn. The meeting was adjourned at 7:29 p.m.
/~WC
Attachments
CC.' '
Larry Davis
Amelia McCulley
Bill Mawyer
Bruce Woodzell
Sharon Taylor
John Grady
Dan Mahon
File
Date: 09/16/98 ZMA#
Original Prolfer
Amended Proffer
(Amendment #
PROFFER FORM
98-16 Tax Map Parcel(s) # 60-40C3
· 4z Acres to be rezoned from R-t5 to ~C
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or
its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall
be applied to the property, if rezoned. These conditions are proffered as a part of the
requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for
the conditions; and (2) such conditions have a reasonable relation to the rezoning
requested.
I. Permitted uses of the property shall include only those uses allowed in Section 24.2.1 of the Albemarle
CountyZoning Ordinance in effect on September 21, 1998, a copy of the section being attached hereto,
except the following:
1. Automobile laundries.
2. Automobile, truck repair shops.
3. Automobile service stations
4. Building material sales.
7. Convenience Store (except as provided in Proffer 3).
23. Mobile home and trailer sales and service.
25. Motor vehicle sales, service and rental.
26. New automotive parts sales.
32. Sale of major recreational equipment and vehicles
34. Wholesale distribution.
38. Indoor Theaters.
39. Heating oil sales and distribution.
40, Temporary non-residential mobile homes.
43. Farmers Market.
2. Special uses of the property shall include only those uses allowed in Section 24.2.2 of the Albemarle
County Zoning Ordinance in effect on September 21, 1998, a copy of the section being attached hereto,
except the following
5. Drive-in theaters.
9. Auction houses.
3. Permitted uses of the property that may be used only if such use or uses allowed in Section 24.2.1 of
the Albemarle County Zoning Ordinance in effect on September 21, 1998, a copy of the section being
attached hereto, occupy no more than 50% of the building area are:
7. Convenience stores.
21. Light Warehousing.
22. Machinery and equipment sales, service and rental.
4. -Applicant will build a fence between the subject property and the property of St. Anne's Be[field school
at such a time ~aat a building is located on the subject property and it is in use.
Signa res of All Owners. Printed Names of All Owners Date
ALBEMARLE COUNTY CODE
CHA.PTER 18
ZONING
SECTION 24
HIGHWAY COMMERCIAL - HC
Sections:
24.1
24.2
24.2.1
24.2.2
24..3
24.4
INTENT, WHERE PERMITTED
PERMITTED USES
BY RIGHT
BY SPECIAL USE PERMYr
MINIMUM FRONTAGE, SHAPE OF DISTRICT
ADDITIONAL REQUIREMENTS
24.1 INTENT, WHERE PERMITTED
· HC districts are hereby created and may hereafter be established by amendment to the zoning map
to permit development of commerbial establishments, other than shopping centers, primarily
oriented to highway locations rather than to central business concenwafions. It is intended that HC
districts be established on major highways within the urban area and communities in th~
comprehensive plan. It is further intended that this district shall be for the purpose of limiting
sprawling strip commercial development by providing sites with adequate fi'ontage and depth to
permit controlled access to public streets,
24.2 PERMITTED USES
24.2.1 BY RIGHT
The following uses shall be permitted in any HC district subject to the requirements and
limitations of these regulations. The zoning administrator; aft'er consultation with the director of
planning and other ~propriate officials, may permit, as a use by right, a use not specifically
permitted; provided that such use shall lm similar to uses permitted by fight in general character,
and more specifically, similar in terms of locafional requirements, operational characteristics,
visual impact and trat~c generation. Appeals from the zoning administrator's decision shall be as
generally provided in section 34.0.
1. Auwmobfle laundries.
2. AutomObile, truck r~air shops.
3. Automobile s~wice stations (reference 5.1.20).
4. Building materials sales.
5. Churches, cemeteries.
6. ~ubs, lodges, civic, fraternal, patriotic (reference 5.1.2).
7. Convenience stores.
18-24-1
ALBEMARLE COUNTY CODE
8. Educational, technical and trade schools.
9: Factory outlet sales - clothing and fabric.
l O. Feed and seed stores (reference 5.1.22).
I 1. Financial institutions.
12. Fire extinguisher and security products, sales and service.
13. Fire and rescue squad stations (reference $. 1.09).
14. Ftmeral homes.
15. Furniuwe stores.
16. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and
wine and cheese shops.
17. Home and business services such as grounds care, cleaning, exterminators, landscaping and
other repair and maintenance services.
18. Hardware.
tg. (Repealed 6-3-81)
20. Hotels, motels and inns.
2l. Light warehousing.
22, Machinery and equipment sales, service and rental.
23, Mobile home and trailer sales and service.
24. Modular building sales.
25. Motor vehicle sales, service and rental.
26. New automotive parts sales.
27. Newspaper publishing.
28. Administrative, business and professional offices.
29. Office and business machines sales and service.
30. Eating establishment; fast food rL, staura~ts.
3 I. Retail nurseries and greenhouses.
32. Sale of major recreational equipment and vehicles.
33. Wayside stands - vegetables and agricUltural produce (reference 5.1.19).
34. Wholesale distribution.
· 18-24-2
ALB~'3.tAR. L~ COUNTY CODE
35. Electric, gas, oil and communication facilities excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and
owned and operated by a public utility. Water distribution.and sewerage collection lines,
. pumping stations and appurtenances owned and operated by the Albemarle County Service
Authority. Except as otherwise expressly provided, central water supplies and central
sewerage systems in conformance with Chapter 16 of the Code of~ Albemarle and all other
applicable law. (Amended 5-12-93)
36.
Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agencies
(reference 31.2.5); public water and sewer transmission, main or mink lines, treatment
facilities, pumping stations and the like, owned and/or operated by the R. ivanna Water and
Sewer Authority (reference 31.2,5; 5.1.12). (Amended l I-I-89)
37. Temporary construction uses (reference 5. I. 18).
38. Indoor theaters.
39. Heating oil sales and distribution (reference 5.1.20),
40. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
41. Uses permitted by right pursuant to subsection 22.2.1 of section 22.1, commercial, C-I.
(Added 6o I%91; Amended 9-9-92,)
42. Indoor athletic facilities. (Added 9-15-93)
43. Farmers' market (reference 5, 1.36). (Added I 0-11-95)
24.2.2 BY SPECIAL USE PERMIT
1. Commercial recreation establishment including but not limited to amusement centers, bowling
alleys, pool halls and dance halls, (Amended i-1-83)
2. Septic tank sales and related service,
3. Livestock sales.
4. Veterinary office and hospital (reference 5.1.11).
5. Drive-in theaters (reference 5.1.08).
6. Electrical power substations, transmission lines and related towers; gas or oil transmission
line~, pumping stations and appurtenances; unmamaed telephone exchange centers, micro-
wave and radio-wave transmission and relay towers, substations and appurtenances (reference
5.1.12).
7. Hospitals, nursing homes, convalescent homes (reference 5. I. 13).
8. Contractors' office and equipment storage yard,
9. Auction houses.
· 18-24-3
· ALBE~'ff. ARLE COUNTY CODE
10.
II.
12.
13.
14.
Unless such uses are otherwise provided in this section, uses permitted in section 13.0,
residential - R=I$, in compliance with regulations set forth therein, and such conditions as
may be imposed pursuant to section 31.2.4.
Commercial kennels - indoor only (reference 5.1.11). (Added 1- 143)
Parking structures located wholly or partly above grade. (Added 11-7-84)
Drive-in windows serving or associated with permitted uses. (Added 11-7-84; Amended 9-9-
92)
Uses permitted by right, not served by public water, involving water consumption exceeding
four hundred (400) gallons per site acr~ per day. Uses permitted by right, not served by
public sewer, involving anticipated discharge of sewage other than domestic wastes. (Added
6=14-89)
15. Warehouse facilities not permitted under section 24.1.1 (reference. 9.0). (Added 6- l 9-91)
24.3 MINIMUM FRONTAGE, SHAPE OF DISTRICT
Minimum frontage required on a public street for the establishment of an HC disu-ict shall be one
hundred and fifo/(150) feet. Frontage of an HC district shall not exceed depth. This section shall
not apply to HC districtz established at the adoption of the zoning map.
24.4 ADDITIONAL REQUIREMENTS
In addition to the requirements contained her~in, the requirements of section 21.0, commercial
districts, generally, shall apply within all HC districts.
18-24-4
Original Proffer
Amended Proffer x
(Amendment# 1 )
PROFFER FORM
Date: Au.qust 25, 1998 ZMA# 98-02 Tax Map Parcel(s) # 003200000041B0
2.5 Acres to be rezoned from R.~A to C-1
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly
authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the
property, if rezoned. These conditions are proffered as a part of the requested rezoning and it is
agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions
have a reasonable relation to the rezoning requested.
l. The primary use of the site will be for office use and. associated parking; however, up to 50% of the total
'floor area may be used for the uses identified in Section 22 oft.he Albemarle County Zoning Ordinance in
effect on July 24. 1998, a copy of which is attached, as follows:
22.2.1.(a)(1): Antique, gift, jewelry, notion and craft shops
22.2.1.(a)(2): Clothing, apparel and shoe shops
22.2.1.(a)(3): Department store
· 22.2.1.(a)(4): Drug store, pharmacy
· 22.2.1.(a)(5): Florist
· 22.2.1.(a)(6): Food and grocery stores including such specialty shops as bakery, candy, milk
dispensary and wine and cheese shops
· 22.2.1.(a)(7): Furniture and home appliances (sales and service)
· 22.2.1.(a)(8): Hardware store
· 22.2.1.(a)(9): Musical instruments
· 22.2.1.(a)(I0): Newstands, magazines, pipe and tobacco shops
· 22.2.1.(a)(11): Optical goods
· 22.2.1.(a)(12): Photographic goods
· 22.2.1.(a)(13): Visual and audio appliances
· 22.2.1.(a)(14): Sporting goods
· 22.2.1.(a)(15): Retail nurseries and greenhouses
· 22.2.1.(b)(2): Barber, beauty shops
· 22.2.1.(b)(3): Churches, cemeteries
· 22.2.1.(b)(4): Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2)
· 22.2.1.(b)(5): Financial institutions
· 22.2.1.(b)(6): Fh'e and rescue stations (reference 5.1.9)
22.2.1.(b)(8): Health spas
· 22.2.1.Co)(I0): Laundries, dry cleaners
· 22.2.1.(b)(I 1): Laundromat (provided that an attendant shall be on duty at all hours during operation.
· 22.2.1.(b)(12): Libraries~ museums
· 22.2.1.(b)(13): Nurseries, day care centers (reference 5.1.6)
· 22.2.1.(b)(14):Eating establishments
· 22.2.1.(b)(15): Tailor, seamstress
· · 22.2.1.(b)(17): Electric, gas, oil and communication facilities excluding tower structures and including
poles, lines, transformers, pipes, meters and related facilities for distribution of local service and
owned and operated by a public utility. Water distribution and sewerage collection lines, pumping
stations and appurtenances owned and operated by the Albemarle County Service Authority
· 22.2.1.(b)(18): Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies
(reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities,
pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority
(reference 31.2.5: 5.1.12)
· 22.2.1.(b)(19): Temporary construction uses (reference 5.1.1)
· 22.2.1.(b)(20): Dwellings (reference 5.1.2 l)
· 22.2.1.(b)(21): Medical center
· 22.2.1.(b)(23): Temporary nonresidential mobile homes
· 22.2.1.Co)(24): Indoor athletic facilities
· 22.2. I.(b)(25): Farmers' market (reference 5.1.36)
Special uses for the property shall include those uses identified in Section 22.2.2 of the Albemarle County
Zoning Ordinance in effect on ~uly 24, 1998, a copy of which is attached, as follows:
· 22.2.2. l: Commercial recreation establishments including but not l/mired to amusement centers,
bowling alleys, pool halls and dance halls
· 22.2.2.2: Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-wave and
radio-wave transmission and relay towers, substations and appurtenances
· 22.2.2.4: Fast food restaurant
22.2.2.5: Veterinary office and hospital (reference 5.1.11)
22.2.2.6: Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential - R-15, in compliance with regulations set forth therein, and such conditions as may be
imposed pursuant to section 31.2.4.
· 22.2.2.9: Parking structures located wholly or partly above grade
· 22.2.2.10: Drive-in windows serving or associated with permitted uses
As depicted on a certain physical survey of Roger W. Ray & Assoc., dated September 16, 1998, and
revised September 22, 1998 and October 6, 1998, captioned "Parcel X, Parcel Y and Residue, The Property
of Airport Road Limited Partnership," (the "Plat"), attached hereto and incorporated herein:
The applicant will dedicate parcel "X" to the Commonwealth or its appropriate agency for the
Commonwealth's use in Widening and realigning Airport Road within a route selected as of the date of
this application (the "Road Project"). Parcel "X" shall be the lesser of 0.270 acre or that mount of
applicant's property actually comprising a portion of Airport'Road, as realigned upon completion of
the Road Project.
bo
· During a period of the earlier of five (5) years following September 29, 1998 or the completion of the
Road Project as it affects the applicant's property, the applicant shall not construct a building structure
or other improvement, other than an accessway, in that 0.301 acre portion of the property shown as
Parcel "Y' on the Plat. However, under no circumstances shall this agreement with respect to Parcel Y
restrict or limit access to or development of (i) the remaining portion of the applicant's property not
subject to dedication or easement as referenced herein and (ii) that portion of Parcel Y over which the
temporary easement rights referenced herein are not being exercised or will not need to be exercised.
For a period expiring on September 29, 2003 or on the date of completion of the Road Project as it
affects the applicant's property, whichever first occurs, the applicant agrees to grant reasonable and
temporary construction and grading easement(s) over, on and upon Parcel Y for use as and when that
portion of the road Project affecting the applicant's property is being constructed. On September 29,
2003 or the date of completion of such construction, whichever first occurs, any such temporary
easement(s) shall be deemed null and void, and the County or the Commonwealth, or the appropriate
agency of either, shall execute such document(s) as the applicant ma), reasonably request in order to
confirm the release of Parcel Y back to the applicant and the relinquishment by the County or the
Commonwealth, or both, of any easement rights related thereto.
4. Building and parking setbacks on the property shall be measured from the anticipated property line based
on the f'mal road design plans, if the property is developed before completion of the Airport Road widening
project.
OR
Signature of Attorney-in-Fact
Printed Name of Attorney-in-Fact
22.0
22.1
22.2
22.2.
INTENT, WHERE PERMITTED
C-i districts are hereby created and may hereafter be established by
amendment to the zoning map to permit selected retail sales, service
and public use establishments which are primarily oriented to central
business concentrations. It is intended that C-i districts be estab-
lished only within the urban area, communities and villages in the
comprehensive plan. (Amended 9-9-92)
PERMITTED USES
BY RIGHT
The following uses shall be permitted in any C-1 district subject to
the requirements and limitations of these regulations. The zoning
administrator, after consultation with the director of planning and
other appropriate officials, may Permit as a use by right, a use not
specifically permitted; provided that such use shall be similar to
uses permitted by right in general character and more specifically,
similar in terms of locational requirements, operational character-
istics, visual impact and traffic generation. Appeals from the zoning
administrator's decision shall be as generally provided in section
34.0.
a. The following retail sales and service establishments:
1. Antique, gift, jewelry, notion and craft shops.
2. Clothing, apparel and shoe shops.
3. Department store.
4. Drug store, pharmacy.
5. Florist.
Food and grocery stores including such specialty shops as
bakery, candy, milk dispensary and wine and cheese shops.
7. Furniture and home appliances (sales and service).
8. Hardware store.
9. Musical instruments.
10. Newsstands, magazines, pipe and tobacco shops.
11. Optical goods.
12. Photographic goods.
-145- (Supp. #68, 9-9-92)
22.2.2
18.
19.
20.
2!.
22.
Public uses and buildings including temporary or mobile
facilities such as schools, offices, parks, playgrounds and
roads funded, owned or operated by local, state or federal
agencies (reference 31.2.5); public water and sewer trans-
mission, main or trunk lines, treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna
Water and Sewer Authority (reference 31.2.5; 5.1.12).
(Amended 11-1-9)
Temporary construction uses (reference 5.1.1).
Dwellings (reference 5.1.21).
Medical center.
Automobile, truck repair shop excluding body shop.
6-3-81; Amended 9-9-92)
(Added
23.
Temporary nonresidential mobile homes (reference 5.8). (Added
3-5-6)
24. Indoor athletic facilities. (Added 9-15-93)
25. Farmers' market (reference 5.1.36). (Added 10-11-95)
BY SPECIAL USE PERMIT
Commercial recreation establishments including but-not limited
to amusement cen~ers, bowling alleys, pool halls and dance
halls. (Amended 1-1-83)
Electrical power substations, transmission lines and related
towers; gas or oil transmission lines, pumping stations and
appurtenances; unmanned telephone exchange centers; micro-wave
and radio-wave transmission and relay towers, substations and
appurtenances.
3. Hospitals.
4. Fast food restaurant.
5. Veterinary office and hospital (reference 5.1.11).
Unless such uses are otherwise provided in this section, uses
permitted in section 18.0, residential - R-15, in compliance
with regulations set forth therein, and such conditions as may
be imposed pursuant to section 31.2.4.
7. Hotels, motels and inns.
Motor vehicle sales and rental in communities and the urban
area as designated in the comprehensive plan. (Added 6-1-83)
Parking structures located wholly or partly above grade.
(Added 11-7-4)
-147- ($upp. 980, 10-11-95)
IRON
SET
L~.Cl. 1560-271
O.S. 4G2-167 PLAT
~RON
FOUND
IRON FOUND
~ROM CORNER (N,~3'~'oo"E
/
T.M. 32-41B
RESIDUE= 1.953 ACRES - ~J
gPOLE
ROC
TELEPHONE
IRON S43'26'00"W 271.83'
FOUND (S43'26'00"W 271.60')
T.M. `52-41H
ROBERT E. & LAURA L. HULL
D.B. 1373-112 PLAT
O.D. B03-410 PLAT
D.B. 787-407, 410 PLAT
FOUND
IRON
65.00'
/
I
/
0') /
~,. /
(~ /
/
I
/
I
/
DRAINAGE
®
,,x= 0g'54'38"
R= 1207.50'
L= 208.87'
T= 104.69'
C= 20B.61'
CB=S31'2?'49"E
I HEREBY CERTIFY THAT ON SEPT. 16, 1998 ~
I SURVEYED THE PROPERTY SHOWN ON THIS PLAT
TO THE BEST OF MY KNOWLEDGE, INFORMATION &
BEUEF AND IN MY PROFESSIONAL OPINION IT IS
/
/ COMPLET~,~D ACCURATE./
NOTES:
OWNER{SI & LEGAL REFERENCES:
AIRPORT ROAD LIMITED PARTNERSHIP
O,B. 718-311, O.D. 659-714, & D.B. 382-239 PLAT.
2. ACCORDING TO THE FLOOD INSURANCE RATE MAP, DATED
12-16-80 (COMMUNITY PANEL 510006 0125B), THIS PROPERTy
DOES NOT LIE IN ZONE A (100 YEAR FLOOD PLAIN) BUT IS
LOCATED IN ZONE C.
.5. THIS PROPERTY SUBJECT TO THE FOLLOWING:
A. ESMT. TO VIRGINIA ELECTRIC & POWER COMPANY
(D.B. 338-481).
B. ESMT. TO VIRGINIA PUBLIC SERVICE COMPANY
(D.B. 233~431).
4.. THIS PROPERTY SUBJECT TO THE FOLLOWING INSOFAR AS
THEY MAY APPLY:
A. ESMT. TO VIRGINIA TELEPHONE & TELEGRAPH COMPANY
{D,B. 275-22BI.
B. ESMT. TO VIRGINIA ELECTRIC & POWER COMPANY
(D,B. 265-269).
C. WATER LiNE EASEMENT & APPURTENANCES {D.S. 260-523
5. METES & SOUNDS SHOWN HEREON IN PARENTHESIS ARE
THOSE TAKEN FROM A PLAT RECORDED IN D,B. 3B2-2.39.
~-x- 6. THIS PLAT SHALL NOT SE RECORDED OR USED'FOR
TRANSFER OF OWNERSHIP OF THESE PARCELS.
PHYSICAL SURVEY
PARCEL X, PARCEL Y AND RESIDUE
THE PROPERTY OF AIRPORT ROAD LIMITED PARTNERSHIP
LOCATED ON STATE ROUTE 649 (AIRPORT ROAD)
ABOUT 0.1 MILE WEST OF U.S. 'ROUTE 29
RIVANNA DISTRICT
ALBEMARLE COUNTY, VIRGINIA
SCALE: I" = 50' DATE: SEPTEMBER 16, 1998
REVISED: SEPTEMBER 22, 1998
REVISED: OCTOBER 6, 1998
FOR
AIRPORT ROAD LIMITED PARTNERSHIP
ROGER W. RAY & ASSOC., INC.
1717-2B ALLIED STREET
CHARLOTTESVILLE1 VIRGINIA 22903
11734
September 11, 1998
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
Tom Works
975 Hilton Heights Road
Charlottesville, VA 22901
RE: SP-98-41 Wal-mart Stores Incorporated, Tax Map 45, Parcel 68D5
Dear Mr. Works:
The Albemarle County Planning Commission, at its meeting on September 8, 1998, unanimously
recommended approval of the above-noted petition to the Board of Supervisors. Please note that this
approval is subject to the following conditions:
Storage containers shall not exceed 9'6" in height.
The gates will remain closed except when being used.
The storage units will not be stacked.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public
comment at their meeting on October 14, 1998. 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,
Margaret M. Pickart
Design Planner
BOARD OF SUPERVISORS
MMP/jcf
Cc: Ella Carey
Amelia McCulley
Jack Kelsey
Wal-Mart Stores Inc.
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
Margaret M.M. Pickart
September 8, 1998
October 14, 1998
SP-98-41 WAL-MART STORES INCORPORATED
Applicant's Proposal: The Applicant proposes to expand the existing outdoor storage in the storage area on
the south side of the building by five (5) temporary storage containers. Currently, 15 temporary storage
containers are allowed in this area, which is surrounded by a screening wall that was required as a condition
of approval of SP-96-24.
Petition: Proposal for a special use permit to expand an existing use of outdoor storage and display in the
Entrance Corridor overlay district on 13.284 acres, in accord with the provisions of Section 30.6.3.2 of the
Zoning Ordinance. The proposal calls for the addition of five (5) temporary outdoor storage containers on the
south side of the existing Wal-Mart Store building. The property, described as Tax Map 45, Parcel 68D5,
zoned HC Highway Commercial and EC Entrance Corridor Overlay District, is situated on U.S. Route 29
North in the Rio Magisterial District. This property is located in a designated growth area (Neighborhood 1)
and is recommended for Regional Service.
Character of the Area: The site is developed with the existing Wal-Mart department store and its supporting
parking. Outdoor storage and display of garden center merchandise exists on the north, south, and east sides
of the building. The surrounding area is developed with commercial uses and heavily-traveled roads are in
the immediate vicinity. Development in the surrounding area includes two automobile dealerships and a retail
nursery, all of which include outdoor storage and display, approved prior to EC designation.
RECOMMENDATION:
Staffhas reviewed this request for compliance with the provisions of Sections 30.6 and 31.2.4.1 of the Zoning
Ordinance and the Comprehensive Plan and recommends approval of SP 98-41 with conditions.
Planning and Zoning History_:
SDP-90-52: Wal-Mart Store Preliminary Site Plan
SDP-91-60: Wal-Mart Final Site Plan. Approved with a 30,000 sf parking area on the south side of the
building intended for future expansion, and outdoor garden and loading centers on the north side of the
building.
SP-93-38: Special use permit approved for outdoor storage, display, and sale of garden center merchandise
on the north side of the building, including an open display area and a temporary 1200 sfgreen house, limited
to the period from February 15 to July 5.
SP-95-33: Proposal to expand the outdoor storage and display allowed under SP-93-38, extending the time
frame and adding six permanent storage containers and up to five additional temporary storage containers,
indefinitely deferred at the request of the applicant.
SP-96-24: Special use permit approved for an expansion of the outdoor storage and display allowed under SP-
93-38, extending the time frame for outdoor garden center sales and display from February 15 through
September 15 each year, and expanding the area of storage/display/sale to allow merchandise display on the
sidewalk in front of the store, and also expanding the area of storage to include 15 temporary storage containers
on the south side of the building. During the Board's review of this item, the potential for constructing an
addition to the building rather than increasing outdoor storage was discussed, and concern was expressed over
violations. (See attached PC and BOS minutes.)
SDP-96~50: Wal-Mart Stores Minor Amendment: Amended site plan to meet conditions of approval of SP-96-
24.
Comprehensive Plan:
This site is recommended for Regional Service in Neighborhood 1 of the Comprehensive Plan.
STAFF COMMENT:
Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance below:
The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted
hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the
Board of Supervisors that such use will not be of substantial detriment to adjacent property_
It is anticipated that the addition of five storage containers will have no negative impact on the surrounding
uses or on the site itself, and should not pose any detriment to adjacent properties. It is staff's opinion that
additional storage containers that can be physically accommodated within the enclosed area without exceeding
the height of the enclosure, will not affect visibility.
that the character of the district will not be changed thereby,
The primary concern with regard to the character of the district is the potential impact on the Entrance
Corridor.-The additional storage containers are expected to be hidden from view by the walls that currently
enclose the storage area on the south and east sides. The ARB imposed design conditions on the screening
wall under SP-96-24. The wall on the south side is a 6' opaque wood fence. The wall on the south side is a
brick wall 9'6" in height with center gates. It has been noted by Zoning staff that maintaining these gates in
a closed position significantly decreases the visibility of the storage containers, although the gates have been
viewed in the open position when loading or unloading is not taking place.
and that such use will be in harmony with the purpose and intent of this ordinance,
The additional storage containers represent an expansion of the current use, but, if not visible from the EC,
they would be consistent with the storage currently allowed and with the purposes and intent of the ordinance.
with the uses permitted by right in the district,
The proposed expansion of the use will not restrict permitted uses on adjacent property.
with additional regulations provided in Section 5.0 of this ordinance,
There are no additional regulations in Section 5.0 specifically addressing outdoor storage and display.
and with the public health, safety and general welfare.
There is nothing unusually hazardous or objectionable about the proposed use.
Additional Comment:
Staff is aware that Wal-Mart will be proposing an expansion to the garden center on the north side of the
building in the near future. Details on the proposal have not yet been received by the Planning Department,
but it is anticipated that the applicant will seek another amendment to SP-96-24 for changes in the outdoor
storage, display and sale area on. the north side of the building at that time.
SUMMARY:
Wal-Mart has consistently expanded its outdoor storage and display in recent years. The original site plan was
approved in 1991 with a 30,000 sfparking area on the south side of the building intended for future building
expansion, and an outdoor garden center and loading center on the north side of the building. In 1993, the
storage and display was expanded on the north side of the building in terms of area and time. In 1996 the time
period for storage on the north side of the building was expanded, the area of display was expanded to the front
of the building, and temporary storage was added on the south side. The current proposal is to increase the
temporary storage on the south side. A future proposal will affect the display, storage, and sale area on the
north side of the building.
This use is by special use permit due to the use of outdoor storage and display within the Entrance Corridor
overlay district. The proposed additional storage containers are not expected to be visible from the Route 29
North Entrance Corridor because they should be screened from view by the existing walls that were
constructed as a condition of approval of SP-96-24. Because the proposed additional storage containers are
not expected to be visible from the EC, Architectural Review Board review has not been required for the
current application. Staff supports the request for additional temporary storage containers in the existing
screened storage area on the south side of the building, with the condition that the containers not exceed the
height of the brick wall on the east side of the storage area. Staffis not recommending a limit to the number
of storage containers on the south side of the building because the containers will be enclosed by the
previously-approved screening wall.
RECOMMENDED ACTION:
Staff recommends approval of SP-98-41 for a change in the number of temporary storage containers on the
south side of the Wal-Mart building, with the following conditions:
1. The temporary storage containers shall be located within the existing enclosed storage area on the
south side of the building and shall not exceed 9'6" in height.
ATTACHMENTS:
A - Location Map
B - Tax Map
C - Site Plan delineating Storage/Display Area
D- Minutes from PC and BOS meetings for SP-96-24
MTN.
C
Hall
4,
ATTACHMENT A
0
,/
SP 98-41
Walmart Stores. Inc.
//
TIvI'~
ALBEMARLE
COUNTY
ATTACHMENT B
,.%
/
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G3
?0
?D
32
86
SP 98-41
Walmarf Stores, Inc.
'CHARLOTTESVILLE, RIVANNA
JACK JOUETT DISTRICTS
SECTION
45
ATTACHMENT C
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ZMA 98-02 Airport Road Office Complex
SUBJECT/PROPOSAL/REQUEST:
Rezoning from RA to C-lwith proffers
STAFF CONTACT(S):
Messrs. Tucker, Huff, Cilimberg, Ms. Echols
AGENDA DATE:
October 14, 1998
ACTION: Yes
CONSENT AGENDA:
ITEM NUMBER:
INFORMATION:
ACTION: INFORMATION:
ATTACHMENTS: 'Yes
BACKGROUND:
The applicant requested deferral of this request at the September 8 Planning Commission meeting to consider
proffering a dedication of right-of-way along Airport Road. On September 29, an amended set of proffers was received
that offered to dedicate right-of-way for the road improvements and for a construction easement, The area was shown
on a surveyed drawing. The Planning Commission was advised that the area might change slightly after review by the
Airport Road design consultants. The Planning Commission recommended approval of the rezoning with the amended
proffers.
DISCUSSION:
The area on the survey was reviewed by the consultants and a modification was recommended. It is shown on the
attached surveyed drawing dated October 6, 1998. Proffers were changed accordingly. (See Attachment A.)
RECOMMENDATION:
The staff believes that the appropriate future use of the property is an office commercial use, rather than a residential
one. A rezoning reflecting that use is viewed as appropriate. Needs for dedication have been adequately addressed.
Staff recommends approval of the rezoning with the attached pro££crs.
98.217
Original Proffer
Amended Proffer
(Amendment #
PROFFER FORM
Date: August 25, 1998 ZMA# 98-02 Tax Map Parcel(s) # 003200000041B0
2.5 Acres to be rezoned from RA to C-1
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly
authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the
property, if rezoned. These conditions are proffered as a part of the requested rezoning and it is
agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions
have a reasonable relation to the rezoning requested.
X
The primary use of the site will be for office use and associated parking; however, up to 50% of the total
floor area may be used for the uses identified in Section 22 of the Albemarle County Zoning Ordinance in
effect on July 24. 1998, a copy of which is attached, as follows:
· 22.2.1.(a)(1): Antique, gift, jewelry, notion and craft shops
· 22.2.1.(a)(2): Clothing, apparel and shoe shops
· 22.2.1.(a)(3): Department store
· 22.2.1.(a)(4): Drug store, pharmacy
· 22.2.1.(a)(5): Florist
· 22.2.1.(a)(6): Food and grocery stores including such specialty shops as bakery, candy, milk
dispensary and wine and cheese shops
· 22.2.1.(a)(7): Furniture and home appliances (sales and service)
· 22.2.1.(a)(8): Hardware store
· 22.2.1.(a)(9): Musical instruments
· 22.2.1.(a)(10): Newstands, magazines, pipe and tobacco shops
· 22.2.1.(a)(11): Optical goods
· 22.2.1.(a)(12): Photographic goods
22.2.1.(a)(13): Visual and audio appliances
· 22.2.1.(a)(14): Sporting goods
· 22.2.1.(a)(15): Retail nurseries and greenhouses
· 22.2.1.(b)(2): Barber, beauty shops
22.2.1.(b)(3): Churches, cemeteries
· 22.2.1.(b)(4): Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2)
· 22.2.1.(b)(5): Financial institutions
· 22.2.1 .(b)(6): Fire and rescue stations (reference 5.1.9)
· 22.2.1.(b)(8): Health spas
· 22.2.1.(b)(10): Laundries, dry cleaners
· 22.2.1.(b)(1 I): Laundromat (provided that an attendant shall be on duty at all hours during operation.
· 22.2.1.(b)(12): Libraries, museums
· 22.2.1.(b)(13): Nurseries, day care centers (reference 5.1.6)
· 22.2.1.(b)(14):Eating establishments
· 22.2.1.(b)(15): Tailor, seamstress
· 22.2.1.(b)(17): Electric, gas, oil and communication facilities excluding tower structures and including
poles, lines, transformers, pipes, meters and related facilities for distribution of local service and
owned and operated by a public utility. Water distribution and sewerage collection lines, pumping
stations and appurtenances owned and operated by the Albemarle County Service Authority
· 22.2.1.(b)(18): Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies
(reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities,
pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority
(reference 31.2.5: 5.1.12)
· 22.2.1.(b)(19): Temporary construction uses (reference 5.1.1 )
· 22.2.1.(b)(20): Dwellings (reference 5.1.21)
· 22.2.1.(b)(21): Medical center
· 22.2.1.(b)(23): Temporary nonresidential mobile homes
· 22.2.1.(b)(24): Indoor athletic facilities
· 22.2.1.(b)(25): Farmers' market (reference 5.1.36)
Special uses for the property shall include those uses identified in Section 22.2.2 of the Albemarle County
Zoning Ordinance in effect on July 24, 1998, a copy of which is attached, as follows:
· 22.2.2.1: Commercial recreation establishments including but not limited to amusement centers,
bowling alleys, pool halls and dance halls
· 22.2.2.2: Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-wave and
radio-wave transmission and relay towers, substations and appurtenances
· 22.2.2.4: Fast food restaurant
· 22.2.2.5: Veterinary office and hospital (reference 5.1.11)
22.2.2.6: Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential - R-15, in compliance with regulations set forth therein, and such conditions as may be
imposed pursuant to section 31.2.4.
· 22.2.2.9: Parking structures located wholly or partly above grade
· 22.2.2.10: Drive-in windows serving or associated with permitted uses
As depicted on a certain physical survey of Roger W. Ray & Assoc., dated September 16, 1998, and
revised September 22, 1998 and October 6, 1998, captioned "Parcel X, Parcel Y and Residue, The Property
of Airport Road Limited Partnership," (the "Plat"), attached hereto and incorporated herein:
The applicant will dedicate parcel "X" to the Commonwealth or its appropriate agency for the
Commonwealth's use in widening and realigning Airport Road within a route selected as of the date of
this application (the "Road Project"). Parcel "X" shall be the lesser of 0.270 acre or that mount of
applicant's property actually comprising a portion of Airport Road, as realigned upon completion of
the Road Project.
During a period of the earlier of five (5) years following September 29, 1998 or the completion of the
Road Project as it affects the applicant's property, the applicant shall not construct a building structure
or other improvement, other than an accessway, in that 0.301 acre portion of the property shown as
Parcel "Y" on the Plat. However, under no circumstances shall this agreement with respcet to Parcel Y
restrict or limit access to or development of (i) the remaining portion of the applicant's property not
subject to dedication or easement as referenced herein and (ii) that portion of Parcel Y over which the
temporary easement rights referenced herein are not being exercised or will not need to be exercised.
For a period expiring on September 29, 2003 or on the date of completion of the Road Project as it
affects the applicant's property, whichever fh'st occurs, the applicant agrees to grant reasonable and
temporary construction and grading easement(s) over, on and upon Parcel Y for use as and when that
portion of the road Project affecting the applicant's property is being constructed. On September 29,
2003 or the date of completion of such construction, whichever fa'st occurs, any such temporary
easement(s) shall be deemed null and void, and the County or the Commonwealth, or the appropriate
agency of either, shall execute such document(s) as the applicant may reasonably request in order to
confu'm the release of Parcel Y back to the applicant and the relinquishment by the County or the
Commonwealth, or both, of any easement rights related thereto.
4. Building and parking setbacks on the property shall be measured from the anticipated property line based
on the final road design plans, if the property is developed before completion of the Airport Road widening
project. _ ,~ / ~
iign~ Printed Names of All Owners Date
OR
Signature of Attorney-in-Fact Printed Name of Attorney-in-Fact
~2.0
22.1
22.2
22.2.l
CO~9~{CIAL - C-1
INTENT, WHEI{E PERMITTED
C-1 districts are hereby created and may hereafter be established by
amendment to the zoning map to permit selected retail sales, service
and public use establishments which are primarily oriented to central
business concentrations. It is intended that C-1 districts be estab-
lished only within the urban area, communities and villages in the
comprehensive plan. .(Amended 9-9-92)
PERMITTED USES
BY RIGHT
The following uses shall be permitted in any C-1 district subject to
the requirements and limitations of these regulations. The zoning
administrator, after consultation with the director of planning and
other appropriate officials, may permit as a use by right, a use not
specifically permitted; provided that such use shall be similar to
uses permitted by right in general character and more specifically,
similar in terms of locational requirements, operational character-
istics, visual impact and traffic generation. Appeals from the zoning
administrator's decision shall be as generally provided in section
34.0.
a. The following retail sales and service establishments:
1. Antique, gift, jewelry, notion and craft shops.
2. Clothing, apparel and shoe shops.
3. Department store.
4. Drug store, pharmacy.
5. Florist.
Food and grocery stores including such specialty shops as
bakery, candy, milk dispensary and wine and cheese shops.
7. Furniture and home appliances (sales and service).
8. Hardware store.
9. Musical instruments.
10. Newsstands, magazines, pipe and tobacco shops.
11. Optical goods.
12. Photographic goods.
-145- (Supp. #68, g-g-g2)
22.2.2
18.
19.
20.
21.
22.
23.
Public uses and buildings including temporary or mobile
facilities such as schools, offices, parks, playgrounds and
roads funded, owned or operated by local, state or federal
agencies (reference 31.2.5); public water and sewer trans-
mission, ma~n or trunk lines, treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna
Water and Sewer Authority (reference 31.2.5; 5.1.12).
(Amended 11-1-9)
Temporary construction uses (reference 5.1.1).
Dwellings (reference 5.1.21).
Medical center.
Automobile, truck repair shop excluding body shop.
6-3-81; Amended 9-9-92)
(Added
Temporary nonresidential mobile homes (reference 5.8). (Added
3-5-6)
24. Indoor athletic facilities. (Added 9-15-93)
25. Farmers' market (reference 5.1.36). (Added 10-11-95)
BY SPECIAL USE PERMIT
4.
5.
6.
Commercial recreation establishments including bu.t-not limited
to amusement centers, bowling alleys, pool halls and dance
halls. (Amended 1-1-83)
Electrical power substations, transmission lines and related
towers; gas or oil transmission lines, pumping stations and
appurtenances; unmanned telephone exchange centers; micro-wave
and radio-wave transmission and relay towers, substations and
appurtenances.
Hospitals.
Fast food restaurant.
Veterinary office and hospital (reference 5.1.11).
Unless such uses are otherwise provided in this section, uses
permitted in section 18.0, residential - R-15, in compliance
with regulations set forth therein, and such conditions as may
be imposed pursuant to section 31.2.4.
Hotels, motels and inns.
Motor vehicle sales and rental in communities and the urban
area as designated in the comprehensive plan. (Added 6-1-83)
Parking structures located wholly or partly above grade.
(Added 11-7-4)
-147- (supp. #80, 10-11-95)
IRON
SET
..... ~v,u K. I UrNER
D.B. 1360-271
D.B. 462-187 PLAT
IRON
FOUND
IRON FOUND
N35°44'33"E 0.50'
FROM CORNER (N43°26'OO"E 378.03')
N43°26'OO"E 3,7~8.03'
"' 252.03' ' 61.00'
POLE
T.M. 32-41B ..j
RESIDUE= 1.953 ACRES o~o
D.B. 7ie-3,i
D.B. 659-714
·
.
ROCK WALL I ~ ~ /
PROPANE "'?":':::'~
.....
' TAN~ % ~ STORY
Lu ~ ~~ ~ ~ 0 , ~ I I
! ~ 1ER ~, ~j ~TELEPHONE
~ ~ / I ~ ' -
. · . ~, 6 ~' ' ~ I
,ON sC; 'oo"w
FOUND (S43°26'00"W 271.60'J I I
I I IRON
T.M. 32-41H / I FOUND
ROBERT E. & LAURA L. HULL '
D.B. 1373-112 PLAT
O.B. e0:3o410 PLAT
D.B. 787-407, 410 PLAT
IRON
FOUND
65.00'
/
O) /
~ /
(0 /
/
/
/
I
/
DRAINAGE
I PIPE
I
I
I
I
I
®
/~= 09'54'38"
R: 1207.50'
L: 208.87'
T= 104.69'
C= 208.61'
CB=S31'27'49"E
/
/
I HEREBY CERTIFY THAT ON SEPT. 16, 1998
I SURVEYED THE PROPERTY SHOWN ON THIS PLAT
TO THE BEST OF MY KNOWLEDGE, INFORMATION &
BELIEF AND IN MY PROFESSIONAL OPINION IT IS
COMPLETE AND ACCURATE.
NOTES:
OWNER(S) & LEGAL REFERENCES:
AIRPORT ROAD LIMITED PARTNERSHIP
D.B. 718-311, D.B. 659-714, & D.B. 382-239 PLAT.
2. ACCORDING TO THE FLOOD INSURANCE RATE MAP, DATED
12-16-80 (COMMUNITY PANEL 510006 0125B), THIS PROPERTY
DOES NOT LIE IN ZONE A (100 YEAR FLOOD PLAIN) BUT IS
LOCATED IN ZONE C.
3. THIS PROPERTY SUBJECT TO THE FOLLOWING:
A. ESMT. TO VIRGINIA ELECTRIC & POWER COMPANY
(D.B. 338-481).
B. ESMT. TO VIRGINIA PUBLIC SERVICE COMPANY
(D.B. 233-431).
THIS PROPERTY SUBJECT TO THE FOLLOWING INSOFAR AS
THEY MAY APPLY:
A. ESMT. TO VIRGINIA TELEPHONE & TELEGRAPH COMPANY
(D.B. 275-228).
B. ESMT. TO VIRGINIA ELECTRIC & POWER COMPANY
(D.B. 265-269).
C. WATER LINE EASEMENT & APPURTENANCES (D.B. 260-523).
5. METES & BOUNDS SHOWN HEREON IN PARENTHESIS ARE
THOSE TAKEN FROM A PLAT RECORDED IN D.B. 382-239.
*** 6. THIS PLAT SHALL NOT BE RECORDED OR USED FOR
TRANSFER OF OWNERSHIP OF THESE PARCELS.
PHYSICAL SURVEY
PARCEL X, PARCEL Y AND RESIDUE
THE PROPERTY OF AIRPORT ROAD LIMITED PARTNERSHIP
LOCATED ON STATE ROUTE 649 (AIRPORT ROAD)
ABOUT 0.1 MILE WEST OF U.S. ROUTE 29
RIVANNA DISTRICT
ALBEMARLE COUNTY, VIRGINIA
SCALE: I"= 50' DATE: SEPTEMBER 16, 1998
REVISED: SEPTEMBER 22, 1998
REVISED: OCTOBER 6, 1998
FOR
AIRPORT ROAD LIMITED PARTNERSHIP
ROGER W. RAY & ASSOC.,INC.
1717-2B ALLIED STREET
CHARLOTTESVILLE VIRGINI 22903
11734
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
September 30, 1998
Richard Jones
P O Box 5306
Charlottesville, VA 22905
ZMA-98-02 Airport Road Limited Partnership
Tax Map 32, Parcel 4lB
Dear Mr. Jones:
The Albemarle County Planning Commission, at its meeting on September 29, 1998,
unanimously recommended approval of the above-noted petition to the Board of
Supervisors. Please note that this approval is subject to the acceptance of applicant's
proffers (copy attached).
Please be advised that the Albemarle County Board of Supervisors will review this
petition and receive public comment at their meeting on October 14, 1998. 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,
Elaine K. Echols, AICP
Senior Planner
EKE/jcf /
cc: x?a Carey
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE: ZMA 98-02 Airport Road
Office Complex
SUBJECT/PROPOSAL/REQUEST: Rezoning
from RA to C-1
STAFF CONTACT(S):
Elaine K. Echols,
AGENDA DATE: ITEM NUMBER:
PC - September 29, 1998
BOS - October 14, 1998
ACTION: Yes INFORMATION:
CONSENT AGENDA: No
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND: The applicant requested deferral of this request at the September 8 Planning Commission meeting
to consider proffering a dedication of right-of-way along Airport Road.
DISCUSSION: Staff received the attached proffers today and has reviewed them in relation to the Planning
comments. The applicant has addressed concerns about the need for dedication of r.o.w, by establishing
.~vo areas on the attached surveyed drawing. The area shown in Parcel X would be dedicated for the road widening
project. The area shown in Parcel Y would be set aside for a construction easement. The construction easement would
terminate in five years or before, if no longer needed.
The surveyed drawing has not been reviewed by the Airport Road design consultants; however, staff believes that the
drawing reflects those areas needed for the widened right-of-way and a construction easement and staff is asking the
consultants for verification. If necessary, minor changes to the drawing and proffers can be accommodated between
the Planning Commission and Board of Supervisors meeting.
RECOMMENDATION: The staff believes that the appropriate future use of the property is an office commercial
use, rather than a residential one. A rezoning reflecting that use is viewed as appropriate. Needs for dedication have
been adequately addressed. Staff recommends approval of the rezoning with the attached proffers.
Odginal Proffer
Amended Proffer
(Amendment #
PROFFER FORM
Date: September 22, 1998 ZMA# 98-02 Tax Map Parcel(s) # 003200000041B0
2.524 Acres to be rezoned from RA to C-1
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly
authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the
property, if rezoned. These conditions are proffered as a part of the requested rezoning and it is
agreed that: (1) the rezoning itself gives dse to the need for the conditions; and (2) such conditions
have a reasonable relation to the rezoning requested.
l. The primary use of the site will be for office use and associated parking; however, up to 50% of the total
floor area may be used for the uses identified in Section 22 of the Albemarle County Zoning Ordinance in
effect on July 24. 1998, as follows:
22.2.2.1.(a)(1): Antique, gift, jewelry, notion and craft shops
22.2.2.1.(a)(2): Clothing, apparel and shoe shops
22.2.2.1.(a)(3): Depamnent store
· 22.2.2.1.(a)(4): Drug store, pharmacy
· 22.2.2.1.(a)(5): Florist
· 22.2.2.1.(a)(6): Food and grocery stores including such specialty shops as bakery, candy, milk
dispensary and wine and cheese shops
· 22.2.2.1.(a)(7): Furniture and home appliances (sales and service)
· 22.2.2.1.(a)(8): Hardware store
· 22.2.2.1.(a)(9): Musical instruments
· 22.2.2.1.(a)(10): Newstands, magazines, pipe and tobacco shops
· 22.2.2.1.(a)(11): Optical goods
· 22.2.2.1.(a)(12):
· 22.2.2.1.(a)(13):
· 22.2.2.1.(a)(14):
· 22.2.2.1.(a)(15):
Photographic goods
Visual and audio appliances
Spoxting goods
Retail nurseries and greenhouses
22.2.2.1.Co)(2): Barber, beauty shops
22.2.2.1.(b)(3): Churches, cemeteries
· 22.2.2.1.(b)(4): Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2)
· 22.2.2.1. Co)(5): Financial institutions
· 22.2.2.1.Co)(6): Fire and rescue stations (reference 5.1.9)
22.2.2.1.(b)(8): Health spas
· 22.2.2.1.Co)(10): Laundries, dry cleaners
· 22.2.2.1.Co)(11): Laundromat (provided that an attendant shall be on duty at all hours during operation.
· 22.2.2.1.(b)(12): Libraries, museums
· 22.2.1.(b)(13): Nurseries, day care centers (reference 5.1.6)
· 22.2.1.(b)(14):Eafing establishments
· 22.2.1.Co)(15): Tailor, seamstress
· 22.2.1.(b)(17): Electric, gas, oil and communication facilities excluding tower structures and including
poles, lines, transformers, pipes, meters and related facilities for distribution of local service and
owned and operated by a public utility. Water distribution and sewerage collection lines, pumping
stations and appurtenances owned and operated by the Albemarle County Service Authority
· 22.2.1.(b)(18): Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, Owned or operated by local, state or federal agencies
(reference 31.2.5); public water and sewer transmission, main or trunk lines, ~reaunent facilities,
pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority
(reference 31.2:5: 5.1.12)
· 22.2.1.(b)(19): Temporary construction uses (reference 5.1.1)
· 22.2.1.Co)(20): Dwellings (reference 5.1.21)
· 22.2.1.0))(21): Medical center
· 22.2.1.Co)(23): Temporary nonresidential mobile homes
· 22.2.1.(b)(24): Indoor athletic facilities
· 22.2.1.(b)(25): Farmers' market (reference 5.1.36)
Special uses for the property shall include those uses identified in Section 22.2.2 of the Albemarle County
Zoning Ordinance in effect on July 24, 1998, as follows:
· 22.2.2.(1): Commercial recreation establishments including but not limited to amusement centers,
bowling alleys, pool halls and dance halls
· 22.2.2.(2): Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, ptunping stations and appurtenances; unmanned telephone exchange centers; micro-wave and
radio-wave transmission and relay towers, substations and appurtenances
· 22.2.2 (4): Fast food restaurant
22.2.2.(5): Veterinary office and hospital (reference 5.1.11)
22.2.2.(6): Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential - R-15, in compliance with regulations set forth therein, and such conditions as may be
imposed pursuant to section 31.2.4.
22.2.2.(9): Parking structures located wholly or partly above grade
22.2.2.(10): Drive-in windows serving or associated with permitted uses
As depicted on a certain physical survey of Roger W. Ray & Assoc., dated September 22, 1998, captioned
"Parcel X, Parcel Y and Residue, The Property of Airport Road Limited Partnership," (the "Plat"), attached
hereto and incorporated herein:
a. The applicant will dedicate Parcel "X" to the Commonwealth or its appropriate agency for the
Commonwealth's use in widening and realigning Airport Road within a route selected as of the
date of this application (the "Road Project"). Parcel "X" shall be the lesser of 0.235 acre or that
mount of applicant' s property actually comprising a portion of Airport Road, as realigned upon
completion of the Road Project.
b. During a period of the earlier of five (5) years following September 29, 1998 or the completion of
the Road Project as it affects the applicant's property, the applicant shall not construct a building,
structure or other improvement, other than an accessway, in that 0.336 acre portion of the property
shown as Parcel "Y" on the Plat However, under no circumstances shall this agreement with
respect to Parcel Y restrict or limit access to or development of (i) the remaining portion of the
applicant's property not subject to dedication or easement as referenced herein and (ii) that portion
of Parcel Y over which the temporary easement fights referenced herein are not being exercised or
will not need to be exercised.
c. For a period expiring on September 29, 2003 or on the date of completion of the Road Project as it
affects the applicant's property, whichever first occurs, the applicant agrees to grant reasonable
and temporary construction and grading easement(s) over, on and upon Parcel Y for use as and
when that portion of the Road Project affecting the applicant's property is being constructed. On
September 29, 2003 or the date of completion of such construction, whichever first occurs, any
such temporanj easement(s) shall be deemed null and void, and the County or the Commonwealth,
or the appropriate agency of either, shall execute such document(s) as the applicant may
reasonably request in order to confirm the release of Parcel Y back to the applicant and the
relinquishment by the County or the Commonwealth, or both, of any easement rights related
thereto.
Road widening project.
~ignatures o~ ~1 ~e~
Building and parking setbacks on the property shall be measured from the anticipated property line
based on the final road design plans, ff the property is developed before completion of the Airport
Printed Names of All Owners
Date
OR
Signature of Attorney-in-Fact Printed Name of Attorney-in-Fact
IRON
SET
IRON
FOUND
T.M. 32-41
JOSEPH W. WRIGHT, JR. & DAVID P. TURNER
D.B. 1360-271
D.B, 462-187 PLAT
IRON FOUND
N35o44,33:,E 0.50'
FROM CORNER
(N43°26'OO"E
N43o26'OO"E
252.03'
T.M. 32-41B
RESIDUE= 1.953 ACRES
D.B. 718-311
D.B. 659-714
D.B. 382-239 PLAT
378.03')
'8.03'
70,00'
PROPANE
TANK~
WELL
BLOCK
WALL
·
OLD
WELL
~_=___ ROCK__ WALL
30.2'
ROCK
METAL~'
BLDG.
IRON
FOUND
S43'26'00"W
(S43°26'00"W
T.M. 32-41H
ROBERT E. & LAURA L. HULL
D.B. 1373-112 PLAT
D.B. 803-410 PLAT
D.B. 787-407, 410 PLAT
SPRING
BOX
IRON
FOUND
56.00'
LiNE
o IRON
POLE SET
/
O) /
~- /
(Z) /
/
I
/
_1-112
STORY
STUCCO · ~ ~ I/
· I TELEPHONE
I I
~ ~ .I~E
WALL
---...._.. ~ , ! /
--, t.____/_ -_ DRAINAGE
GRAVEL DRIVE I / PIPE
.... I I
I
241.83' I
271.60')
, J IRON
FOUND Z3~ 09°54'38''
I R= 1207.50'
t L= 208.87'
T= 104.69'
C= 208.61'
CB=S31'27'49"E
THE
SCALE:
I HEREBY CERTIFY THAT ON SEPT, 16, 1998
I SURVEYED THE PROPERTY SHOWN ON THIS PLAT
TO THE BEST OF MY KNOWLEDGE, INFORMATION &
BELIEF AND IN MY PROFESSIONAL OPINION IT IS
COMPLETE AND ACCURATE. ~-~
NOTES:
I. 'OWNER(S) & LEGAL REFERENCES:
AIRPORT ROAD LIMITED PARTNERSHIP
D.B. 718-311, D.B. 659-714, & D.B. 382-239 PLAT.
ACCORDING TO THE FLOOD INSURANCE RATE MAP, DATED
12-16-80 (COMMUNITY PANEL 510006 0125B), THIS PROPERTY
DOES NOT LIE IN ZONE A (100 YEAR FLOOD PLAIN) BUT IS
LOCATED IN ZONE C,
THIS PROPERTY SUBJECT TO THE FOLLOWING:
A. ESMT, TO VIRGINIA ELECTRIC & POWER COMPANY
(D.B, 338-481),
B. ESMT. TO VIRGINIA PUBLIC SERVICE COMPANY
(D.B. 233--431).
THIS PROPERTY SUBJECT TO THE FOLLOWING INSOFAR AS
THEY MAY APPLY:
A. ESMT, TO VIRGINIA TELEPHONE & TELEGRAPH COMPANY
(D.B. 275-228),
B. ESMT. TO VIRGINIA ELECTRIC & POWER COMPANY
(D,B. 265-269).
C. WATER LINE EASEMENT & APPURTENANCES (B.B. 260-523).
5. METES & BOUNDS SHOWN HEREON IN PARENTHESIS ARE
THOSE TAKEN FROM A PLAT RECORDED IN B,B. 382-239,
*** 6. THIS PLAT SHALL NOT BE RECORDED OR USED FOR
TRANSFER OF OWNERSHIP OF THESE PARCELS.
PHYSICAL SURVEY
PARCEL X, PARCEL Y AND RESIDUE
PROPERTY OF AIRPORT ROAD LIMITED PARTNERSHIP
LOCATED ON STATE ROUTE 649 (AIRPORT ROAD)
ABOUT 0:1 MILE WEST OF U.S. ROUTE 29
RIVANNA DISTRICT
ALBEMARLE COUNTY, VIRGINIA
I" = 50' DATE: SEPTEMBER 16, 1998
REVISED: SEPTEMBER 22, 1998
FOR
AIRPORT.ROAD LIMITED PARTNERSHIP
ROGER W, RAY & ASSOC.,INC.
1717-2B ALLIED STREET
,CHARLOTTESVILLEI VIRGINIA 22903
11734
BOARD OF SUPERVISORS
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
ELAINE K. ECHOLS, AICP
SEPTEMBER 1, 1998
SEPTEMBER 9, 1998
ZMA 98-02 Airport Road Office Complex
Applicant's Proposal: The applicant and owner of the property, Richard Jones, has requested a
rezoning from IL& to C- 1 with proffers in order to construct a commercial building which would
provide for offices or a combination of office and service uses along Airport Road. Mr. Jones
originally made this request in January; however, the engineering design for the Airport Road
improvements were anticipated to affect this property. As a result, staff asked the applicant to
delay proceeding with this rezoning until the design could be further developed and the extent of
the developable area of the property was clear.
The applicant has proffered that the use be limited to office and commercial uses and associated
parking; however, commercial uses could not comprise more than 50% of the building area.
Additionally, the following uses have been removed from the list of permitted or special uses in
this proposed C-1 zoning district:
funeral homes
indoor theaters
service stations
auto repair, truck repair, and body shop
hospitals
hotels, motels, and inns
motor vehicle sales and rentals
The applicant has made some very strong proffers related to his property which adjoins Airport
Road. He has not proffered to dedicate r.o.w, for the Airport Road widening project; rather, he
has offered to accommodate the County and VDOT without, as he has stated to the staff,
"concomitant release of fee simple rights and without impeding access to the parcel". His proffers
say that he will establish a "no-build" zone on his property that will allow for reconstruction of
Airport Road provided he can be ensured access to his property during and following
reconstruction of the roadway.
Petition: The petition is to rezone 2.5 acres from RA to C-1 with proffers. The property is
described as Tax Map 32, Parcel 4lB. It is located in the Rivanna Magisterial District. (See
Attachments A.) The property is zoned RA Rural Areas and the Land Use Plan shows the area as
Office Service in the Hollymead Community.
D:\
Applicant's Justification for the Request: The applicant has provided a written justification for
why it should be approved. (See Attachment B.) The applicant believes that this rezoning will
accommodate the future growth needs of the northern part of the County, especially near the
Airport and the University Real Estate Foundation Park and that this rezoning would provide a
transition from the light industrial use west of the property to the highway commercial use east of
the property. The applicant submitted a conceptual plan of the property with the request to
demonstrate how an office building may be situated on the site. With the Airport Road widening
project, the conceptual plan would have to be modified. As a result of the applicant's desire to
retain flexibility with the building site, he has not proffered a plan for the property.
Staff'believes that the Airport Road widening project will have a minimal effect on use of the
property; however, the project will improve access to the property and potentially make the
property more valuable as an office site. From the conceptual plan submitted with the request and
the consultant's drawing showing the area of the widening of the r.o.w., a small office building
with associated commercial use and parking can be constructed on the site. No sensitive
environmental features have been identified in this area shown for office use. A preliminary site
plan will provide the detailed information necessary for review at this location and staff supports
this rezoning without a proffered plan.
Character of the Area: The Airport Road area is a mixed use area containing retail and service
uses, public uses, and a few residences. It is an area undergoing redevelopment.
RECOMMENDATION: Staff has reviewed the proposal for conformity with the
Comprehensive Plan and the Zoning Ordinance. Staffrecommends approval of the rezoning with
the proffered conditions as noted at the end of the staff report.
Planninu and Zonin~ History: There is no planning and zoning history on this parcel.
Comprehensive Plan: The Comprehensive Plan shows this area as Office Service in the
Hollymead Community. Specific recommendations from the Land Use Plan regarding Office
Service Areas are as follows:
Uses allowed within this designation include office parks and mixed-use planned
developments emphasizing office uses and regional-scale' research and office uses
providing information and professional services tothe County and the larger region.
Limited production activities and marketing of products may be included.
High density residential, commercial, and motel/hotel/conference facilities may be included
as a secondary use.
Office Service designation requires a large site size (+20 acres), arterial road accessibility,
water and sewer availability, and compatibility with adjacent land uses.
This site is 2.5 acres in size, but pat of a larger designated area in the Plan. It does have arterial
road accessibility, water and sewer availability, a strong relationship with nearby office and
commercial uses, and compatibility with adjacent land uses.
STAFF COMMENT:
Relationship between the application and the purpose and intent of the requested zonine
district The purpose and intent of the C-1 Commercial zoning district is to provide for selected
retail sales, service and public use establishments which are primarily oriented to central business
concentrations. The Land Use Plan, though, suggests that the area would be more appropriate
for a CO Commercial Office zoning district.
The CO districts are established to permit development of administrative, business and
professional offices and supporting accessory uses and facilities. The CO district is intended to be
a transitional zone between residential districts and other more intensive commercial and industrial
districts.
The zoning map would support either a CO or C-1 designation. (See Attachment C). The
surrounding zoning is LI Light Industrial and HC Highway Commercial. The proposed C-1
designation would not attach to any existing C-1 zoning district; neither would a proposed CO
designation attach to an existing CO zoning district.
The applicant has proffered a hybrid CO and C-1. (See Attachment D.) He has proffered that the
primary use of the property will be office use; but, instead ora maximum 20% of gross floor area
available for retail sales and services, the maximum area available to retail sales and services
would be 50% of the gross floor area.
While staff believes that the CO zoning district is the more appropriate of the two districts for the
area because of the Comprehensive Plan designation, with proffers, staffbelieves that the zoning
district requested can be utilized effectively to achieve the same goals.
Public need and iustification for the change
The property along Airport Road is undergoing development and redevelopment to meet needs of
the users of the industrial properties between the airport and Route 29. The RA Rural Areas zone
is not appropriate at this location and the applicant has stated that he wishes to provide a location
for office and retail/service uses that serve UREF research park and the new postal service
building. Staff agrees that the RA zone is not appropriate to this location and that, if the property
is to be developed, a zone which enables the Comprehensive Plan goals to be achieved is more
advantageous to the community.
Anticipated impact on. public facilities and services
Transportation - Primary access will be from Airport Road which is soon to be widened
and realigned. An entrance from Airport Road will be provided, but a crossover is not
anticipated adjacent to the parcel. Therefore, the use will need to capitalize on traffic
patterns that move eastwardly, away from the airport. Ultimate buildout of the
transportation network in this area, including the roads into and out of the Research Park
and a road proffered through the Joe Wright rezoning (See Attachment E) will enable a
circular transportation pattern into and out of the site.
From the Airport Authority's Consultant's engineering plans, it appears that about 0.3
acres of land will be needed for r.o.w, and grading for Airport Road, as shown on
Attachment D. Approximately, 2 acres of land on which to situate a building and parking
would remain after the Airport Road improvements have been completed. Major traffic
generators have been removed from the list of proffered uses.
Although this development, as compared to current RA zoning, will increase traffic on
Airport road and the Airport Road widening project will both accomodate this increased
traffic and benefit Mr. Jones' property by providing improved traffic flow and access in the
area, the applicant has not proffered to dedicate the needed r.o.w. Rather, he has
proffered to establish a "no-build" zone in the area shown on Attachment D. In effect, he
is "reserving" that r.o.w, for the future public cost of acquisition by VDOT. The applicant
has agreed to base his setbacks on the new property line boundary.
Schools - This rezoning will have no impact on schools.
Water and Sewer - Public water is available to serve the facility. Public sewer will have
to be extended 500 feet from the closest sewer line, once the final construction is done on
the adjoining property which is the new postal distribution center.
Stormwater Management - Stormwater facilities will be required with the construction
of this facility. They will be shown on any future site plan submitted for the development
of the property.
Anticipated impact on natural, cultural, and historical resources - No detrimental impact is
expected on natural, cultural and historical resources of the County.
Anticipated impact on nearby and surrounding properties - No impact is anticipated on
nearby and surrounding properties because the area is a mixed commercial and industrial area. At
present the property contains a house and outbuilding, both of which will likely be removed for
any new construction. The Tire America facility is adjacent to the property and the Joe Wright
property to the west can be developed commercially and industrially.
SUMMARY:
It is not uncommon for speculative rezonings to occur in Albemarle County. In these instances,
4
property owners wish to market property with the appropriate zoning for uses consistent with the
Comprehensive Plan. The Airport Road Office Complex is one of these types ofrezoning
requests; the owner of the property does not know who may wish to purchase the property for
development or the uses for which it will be developed.
For many developments in Albemarle County, applicants proffer r.o.w, dedication where they
know their project will have an impact on public roads. In a number of cases, public road
improvements are proffered also and made. In this particular instance, however, public road
improvements already are being designed which will enhance development potential of properties
along Airport Road and the improvements should commence in early 2000.
Not all rezonings contain proffers for dedication. Two previous rezonings along Aiport Road did
not contain proffers for dedication or even reservations of property for the widening project.
That was because the project was not far enOugh along to know where and how additional
property might be needed.
It is clear that knowledge of the r.o.w, needs is advantageous for the developer and the public.
For the developer, it establishes clear limits for future development. If the r.o.w, is dedicated by
the developer, the public costs associated with increased use of Airport Road by this development
are off-set. For the public, r.o.w, dedication means that the land cost for road widening project is
lessened. The public is insured against higher land values which would increase the cost to
purchase the r.o.w. In this instance, the applicant has opted for an "in-between" solution to the
problem of site planning before the completion of road plans for Airport Road.
Staff hesitates to offer unequivocal support for this rezoning because of the lack of any off-set to
the transportation impact of this development and the potential increased land costs to the public
for the right-of-way acquisition as a result of the rezoning. If the Planning Commission and
Board of Supervisors, however, are comfortable with the request with simply the "reservation" of
land implied in the proffers, then the staff supports this rezoning.
Staffhas identified the following factors which are favorable to this request:
The Comprehensive Plan shows the area as a transitional area between residential and
regional service; the C-1 zone with proffers for the primary office use of the property will
serve as a transitional area in keeping with the Comprehensive Plan.
The applicant has voluntarily limited the uses to the property to uses which have low
traffic generation rates.
The applicant has offered to leave undeveloped an area for the Airport Road widening
project including respect for the future setbacks and has demonstrated that the remaining
property can support a small office building or combination office building/retail sales and
service area with associated parking.
Staffhas identified the following factors which are unfavorable to this request:
1. The CO zoning district more closely resembles the Land Use Plan designation.
2. Benefits to the applicant [] s property will accrue from the Airport Road improvement
project; however, the applicant is not willing to help off-set a portion of the public costs of
access to his property by dedicating r.o.w.
RECOMMENDED ACTION
Should the Planning Commission and Board find the reservation of right-of-way for the Airport
Road improvements acceptable, staff recommends approval of this rezoning and of the proffers
dated August 25, 1998.
ATTACHMENTS:
A - Tax Parcel Map
B - Applicant's Justification of Request
C - Zoning Map
D - Proffers
E - Transportation Network
C :\,BACKUP\WP~ZMAL,~IRP ORT. SR
ALBEMARLE
20
41
COUNTY
4g
ATTACHMENT A
,/
33
ZMA 98-02
Airport Road Office COmplex
WHIT[ H~I.~_ ~
i'{IVANNA DISTRICTS
SECTION
ATTACHMENT B
Comprehensive Plan Designation
Although the Comprehensive Plan does not designate future use by specific parcel
number, it appears from the 'Land Use Plan Map F that the subject Parcel 41B is
designated CO-Commercial Office.
CO districts, according to Albemarle County's zoning ordinance, are "intended as
a transition between residential districts and other more intensive commercial and
industrial districts."
However, Albemarle County recently rezoned to light industrial a parcel (41D,
ZMA 8602, Joe Wright, 9~9-96) which is just two parcels west from the subject parcel in
what the Land Use Plan Map F would designate as a CO. This rezoning sets a precedence
and eliminates the necessity to provide for a buffer between the Deerwood residential
zone and the more intensive HC and industrial districts.
Public Need or Benefit
As reported in the Daily Progress on November 23, 1997 (see attached), a
massive new job base in northern Albemarle County is just a few years off. Thousands of
new jobs will come to the area when the U.S. Army National Ground Intelligence Center
moves to nbrthern Albemarle. When fully developed, UVA's 525-acre research park,
literally across the road (Airport) from this parcel, will employ 8,000 or more workers.
The U.S. Postal Service is building a 70,000 square-foot mail processing center on 10
acres of parcel 41D which is between the subject parcel and Deerwood subdivision. This
massive growth in the job base will spur demand and growth in housing, services, and
shopping. Albemarle County's Comprehensive Plan which was adopted in June, 1996,
envisions that this area of northern Albemarle will become a mixed use community that
allows people to live in close proximity to their workplace, shopping and service areas.
Our rezoning will provide approximately 36,500 square-feet of business and professional
offices, retail sales, and retail service establishments which the public will need, demand
and benefit from.
orthermMb'emafle.-on':the s'ray wi
Developers liearing thd' edll of'sUb~'[l~'~'~' grbwth
~ ~ever~l y~ar~ off. the no.hem henslve Plan ~aop~ea
'~bemarle n~x~ & U.S.' Z9 ~d ' 19~6, call~ for the ar~a to. be.*~'
~nd ~ibly a m~or new ~hopping their workplnce,.~hoppm~ and
Thou~anJ~ of new job~ w~ll com~ · Developer~, seeing a
to ~e ~re8 aa ~h~ U,~. ~my'l t~n~ need for houlin~ and corn.
ter moves lt~ more than ~00: Outlida of [h~ 525-acre
Downtown Mall ~re~ to · new cam. · d~veloped could bo t~e employ.
pus in no~kem ~bem~r[~ ~nd men[ b~e for ~ msn~ ~* 8,000 or
industries take r~t in the Unive~ 600 G~O~H Ga 112
:Growth
'Continued from Al
..mere workers, the most ambitious
[~roject belongs to.Wendell Wood,
'whose United Land Corp. owns
',~hou~ands of undeveloped acres in
:the area.
- Wood said Priday ha hu balmn
~o conceive th~ master plln for a
~250,~0-square-foo[ shopping can.
,tar.- about the sine o~.Rio Hill'
:Shoppin~ Center -- on 50 acres
~OU[~ of ~ ~oad and west
-U.S.
elation and food shop on the'comer
of Airport Road and. U.S. 29.
"Wa just submitled s sit~ plea'to
develop a 'm~ture of retail and'
.War,house sp~ce ~s ~ell;' Shield~
said Fhdsy. -..
He wan~ '~o build s 12,000;
,q~e-f~t building, a lmlll por~
~iog of~hich'would house the office
to tie. a~orage business. The
remaining firs~ floor ~pace he
world lease ~o a retailer. . .
~e have'Had a lot of interest i~
di~eren~ food'~ pizza, a subahop,'
of ice cream, Chinese,' Shields ~aid.
Close to. Shields' pro~y,
;: "~/e have star, ed ~ ss far as the
-'l~lant!ing of it ~ virtually this
,,~eak. we were prompted by some
.Inquiries by some large-box ten-
~nm' ~'re~ailer~ who might
py as much m 100,0~ squarefeet
~ch, s~id Wood. H~ declin~
· name ~he interested companies
~eyond a~u6n~ that 'you would
~ave he~d of
,, Hs ~aid lhe shoppin~ cen~r,
~ built close ~o the termini of
'~ropoled weslern bypass and
'~eadowcreek Plrkwsy, ~ikely
~ould ~ 'a label of connoting
·oxes. At this ~int ws don't ~u-
'~li~e i{ al au internal mall." ,
~ ~e ~nd Use Plan adop~d by
4h~ ~bemarl, County
in June 1996 allows for the kind
're~on~l development" Wa~
plan~ing, though part of the parcel
likely would have to be rezone,
.according ~ Ran K~ler, a county
planner.
That process ~n'~ld involve
Anthony D. Valent. e .has' plans to
construct a small retail develop-
meat.
"We l{ave put' iff,for, a zoning
change ... {though] we can put st~p
sCores there even without the [new]
zoning," Vale·to ~aid.
, Valente's sari, Charlottesville
architect A~thony Vale·to, will
design the retail s~ocs, Valen~
He ima~nes leggin: the ~pace
~rhaps tea take.ou~ restabr~nl,
flo~t, S boutique or "a 5.and-10
cent t~e afore,' he said,
~ ~e haven't reafi~
yet,' he said.
The U,S: Po~t~l ge~ice h~
.announce'~ pla~ ~ build a.~o,oo~'
iquare-foot mail pr'oceasin~ pla'at.
on 10 acres on the south aide of ~r-
~ Road between U.~. 29 ~d the
Gharlottes~lle-~bemarle ~rpo~,
~ roa~ which the ai~o~ authoNty
has said will ~ redesi~
widened in several years.
he·rings before thc county's Plan. ... Construction on the Postal Sir-
~'ning Commission ,~nd action by the ' {'ici plant is scheduled to. begin in'
}Board of Supervisors.. . ' the ~pring. 'The airport is also plan-.
· ' 'The main 'issue historically ·lng'to expand; adding more than'
~involved with shoppin[ c~nt~r~.hs-s' 300 pntkin~ Spaces in the next few
;been ac4ee,, and.clrculatlon-- traf- years to aCcomm, odate growing.
,~cissues,' Kegler said.. .' ' demand.
'; Immediately south of the later. .
'section at f' .~. 29 and Airport Filling Research Park.
'~osd, d~"aloper Todd Shieldi is ' Thev/estslc{eofU.~:2gnor~hot
.l~uilding alarge complex ofstoroge Airpo~;t' Road is domlnated
'~-':,. There ~ill be 900 ~iU whtn ~a's research park. .'
:Shields has finished the' three So far,'the park h~'only two
phases of [he project. 'tenant, Motion Co~trol, a'develop-" c/al uses on zt~etche~ of U.S. 29.
The first ph~s~, jus{ sh2 of 3~ er of automotive.break pads, ~d ~reat E~tem's Donald J. Wag-
storage uni~, il ~lmosl completed. · ~oth~r manufacturer, Micro.re · ncr said the land likely will remain
Shields hera it will ~.up and ~.. ~ur~cal Instrument. · undeveloped at. least 8ve
ning by mid-DeCenCy. . The county has approved up~ 3..until demand buflis. '
Shields haa pt~ns aa'well for th~ millloh square ~eet or indus~al.. 'I would contemplate
.land in front a~ the ~torage buei- and office developmeat: in the same point that, is goin~ to
~ne~, adjaoent to the ~o se~ice .research .~ark. ~illini it out .will.
Lake several de~ades,'accordin¢
l~eler, the county planner,
Bruce Stouffer, director
adminietrstio'n and. research, pa'rk
development, said the Lr'v'a. Faun-.
darien is poised' to beg~n con·truce
ti~n e~rty next ~p~ng on tee fi~t.
phase of the park'~ in,ultraPure,
~e foundation develops'and
aEe~ uniwrsi[y prope~y
out Central Vir~nia. · .
Th~ $8 million ~o S~ million pro-
j~ct. wilt indud~ a mile.lonE road',
utilities lad sewerl throughout the
park.
~ong the we~te~ ~nge of the
.' research park, Wachovia. Bank hm
'inhe~ted bom Jefferson National.
Bank, which it recently
severil parce[s of land zoned for
industNa[ use~.
WacBo~ia Ba~k of Vir~ni~'s
president, O. Kc·ton
said the 'land. is and has be~n
' sale for several years.' -
Immediately ~. the no~k of the
research park ~ across the
Fork Rivanna River -- W~d'a
a~ood development is only'
hal~ay completed. ~most 350
the deva]opmant'~ more than
Io~ ~emain.
Acroa~ the highway ~om
wo~ ia the 28 ~cre c~mpu~ where
the ~my will build the NGIC fecal-.
ity on land Woad'recently ~ld t~e
lover·mane Ear SI million.
'Adjacent to that land, Weed
vision. He has draRed a m~ter
plan or a development there,
.replete with a ~ol~ course and
mixt~e ofhou~ing
"'I don't think the ~em~&
'quite 'aLtonE.enough today,'
. 8outh'of :he No~h ~ork'Riv~.
na ~ver and east of U.S'. 29 liu a
lonE, n~ow stretch of land man.
aged by ,Great Eastern Man~ga-'
.meat for Towers ~nd ~st,
The l~nd, ~lmost wh0il7
reload, is zoned, mostly for resi.
de·till use..wit~ various co.met.
an opportunity for.people that
work in [the research parkl to have
'really early movemeht from work to
home,' Waraer said; - .
Building housing in the immedi-
ata,.vieinity of the research park
and ether i~du~tn!l.davatopmen~'
will hold 'doan t~affic on U.S. 29
towed. Charlottesville, Wagner
' l~vestlng i~ a oommunlty
At tho"in'aeolian 'of U.S. 2¢
~ith ~ffig ~ad', the kln~ of com-
metci~ devdlopmeni that ~ the
life~l~ of most ~ub~b~n
uitiea ~lready ~a~ bean.to
Ma~ha JeffersOn Hospital h~
built a community medical facility
the~. A car was~ is going up
the 'in~rs~tion. ,~crt'~ a pi&at
nu~e~ '.ciasa by. First Vir~nia
~ r~tly bulk a Branch at
intersection and owns an'
lot.
~le~ s~d he expoc~ at l~t
one mere bank to build a brach in
the immediate area. thoulh..he
declined to name which have ~o f~
expressed interest."
Guaranty Bank's chief executive.
officer, Thomas P.'Blker, who d~
not in'nd to build a bra·cb in the
area, maid rWit~ its tremendous
~owth the area would ~ an ideal
location, fat a ~ommunity bank
b~anch.
~e have look~d .at th~ Forest
Lakes area, but felt like 'moat of
those ~ople' could be sewed ~om
Guaranty'l.branch..at Rio Road.
Ba~er amid..
) 'It'~ . [mit place for a bank,
though,' he salt, '
A Richmond ca.et merchant,
· George Mercer, ow~ t~o parcels
land-on the southeastern corner
the intersection of U.S. 2g.an~
Proffit Road, which now hous~ the
~rpon Motel gn~ .Mercer Quality
Rugs and Oa~t...
~ercer's assistant, '
Proffit, said a]thoug~ .~e .is not
actually pro~pacting for ~ new tan-
ant loc the meters, land. 'line got
the ~ht de~l ~e would do som~
thine with lt. It would have ~
the 6iht price, and the fight pe~
pie.' she said.
- Mercer ia not co~side~ng aellln~
or r~eveloping the apace he
for his esot shop,, she said. '
The Kessler Group, which devel.
· o~d the ~o ~orest ~es
~iona and the ~ores:' ~kes
pine Center, still hai sem~ ~m-
mercial.parcels available' in the
are~. Representatives from
~ssler O~up could not be
for comment Fgday.
~ele'r.sai~ be ex~c~ to receive
pro~aal~ for new. office space along:
Wo~b CrouinE, ~ ro~d that
between U.S. 2g.~d.Proffit
through commercially-~ned land,'
~esaler'a Porest ~kes develo~
meat ia largely, completed.
The biggest ..cancentrstio~
available parcel~ ia in the far
.em stretchee of Forest Lakes
~u:~, across 'Power ~ree~ .~m '
Construction is on the dsa In norther~ Albemarle County, Including
pads of t~e Forest L~kes area off U.S. 29. ' .. -
t~e developed subdlvision. Albe.
ruar]e. County last year ag'read to
allow residential construction, on
that land.
Though'by plugging in millions
of dollars of capital investments
developers, with the guidance of
county policy makers, ar~ piecing
together the foundations of a.sub-
orb, the Albemarle outcropping
hasn't yet 'congealed into a cohe-
sive, identifiable come unity.
There is no name. commonly
uied to describe the area. Some
people call it Forest Lakes, others
r~fer tO.it as the airpor,, area; coon.
ry. planners use the name Holly-
me~d, aver the area's oldest resi-
dential development.
Until a critical mass of residents
and workers bring the enduring
pulse of a true community to the
area, it will probab]y be best
defined by the traffic that speeds
through it/Indeed, a group of l. fVa
architecture students who complet-
ed~a planning model of the ares
last ]/ear simply dubbed it 'Inter.
· sectionviile.' -
41
~,4IB
ATTACHMENT C
,
ATTACHMENT' E'
TRANSPORTATION NETWORK
/
,-/~'"'~ 22 L '
UREF
PROFFERED ROAD
I 22N
23
sec 37
TAX MAP 32
ATTACHMENT D
Original Proffer
Amended Proffer
(Amendment # __
PROFFER FORM
Date: August 25, 1998 ZMA# 98-02 Tax Map Parcel(s) # 003200000041B0
2.5 Acres to be rezoned from RA to C-1.
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly
authorized agent, hereby voluntarily proffers the conditions listed below which shall be a ;)plied to the
property, if rezoned. These conditions are proffered as a part of the requested rezoning and it is
agreed that: (1) the rezomng itself gives rise to the need for the conditions; and (2) such conditions
have a reasonable relation to the rezoning requested.
1. The primary use of the site will be for office use and associated parking; however, up to 50% of the total
floor area may be used for the uses identified in Section 22 of the Albemarle County Zoning Ordinance in
effect on July 24. 1998, as follows:
22.2.2.1 .(a)(l): Antique, gift, jewelry, notion and craft shops
· 22.2.2.1.(a)(2): Clothing, apparel and shoe shops
· 22.2.2.1.(a)(3): Department store
· 22.2.2.1.(a)(4): Drug store, pharmacy
· 22.2.2.1.(a)(5): Florist
· 22.2.2. l.(a)(6): Food and grocery stores including such specialty shops as bakery, candy, milk
dispensary and wine and cheese shops
· 22.2.2. l.(a)(7): Furniture and home appliances (sales and service)
· 22.2.2.1.(a)(8): Hardware store
· 22.2.2.1.(a)(9): Musical instruments
· 22.2.2.1.(a)(10): Newstands, magazines, pipe and tobacco shops
· 22.2.2.1.(a)(11): Optical goods
22.2.2.1.(a)(12): Photographic goods
· 22.2.2.1.(a)(13): Visual and audio appliances
· 22.2.2.1.(a)(14): Sporting goods
· 22.2.2.1.(a)(15): Retail nurseries and greenhouses
· 22.2.2.1.(b)(2): Barber, beauty shops
· 22.2.2.1.(b)(3): Churches, cemeteries
· 22.2.2.1,(b)(4): Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2)
· 22.2.2.1 (b)(5): Financial institutions
· 22.2.2.1 (b)(6): Fire and rescue stations (reference 5.1.9)
· 22.2.2.1.(b)(8): Health spas
· 22.2.2.1.(b)(10): Laundries, dry cleaners
· 22.2.2.1.(b)(11): Laundromat (provided that an attendant shall be on duty at all hours during operation.
· 22.2.2.1.(b)(12): Libraries, museums
· 22.2.1.(b)(13): Nurseries, day care centers (reference 5.1.6)
· 22.2.1.(b)(14):Eating establishments
· 22.2.1.(b)(15): Tailor, seamstress
· 22.2.1.(b)(17): Electric, gas, oil and communication facilities excluding tower structures and including
poles, lines, transformers, pipes, meters and related facilities for distribution of local service and
owned and operated by a public utility. Water distribution and s. ewerage collection lines, pumping
stations and appurtenances owned and operated by the Albemarle County Service Authority
· 22.2.1.(b)(18): Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, .playgrounds and roads funded, owned or operated by local, state or federal agencies
(reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities,
pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority
(reference 31.2.5: 5.1.12)
· 22.2.1 .(b)(19): Temporary construction uses (reference 5.1.1)
· 22.2.1.(b)(20): Dwellings (reference 5.1.2 I)
· 22.2.1.(b)(21): Medical center
· 22.2.1.(b)(23): Temporary nonresidential mobile homes
· 22.2.1.(b)(24): Indoor athletic facilities
· 22.2.1.(b)(25): Farmers' market (reference 5.1.36)
2. Special uses for the property shall include those uses identified in Section 22.2.2 of the Albemarle County
Zoning Ordinance in effect on July 24, 1998, as follows:
· 22.2.2. (1): Commercial recreation establishments including but not limited to amusement centers,
bowling alleys, pool halls and dance halls
· 22.2.2.(2): Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-wave and
radio-wave transmission and relay towers, substations and appurtenances
· 22.2.2 (4): Fast food restaurant
22.2.2.(5): Veterinary office and hospital (reference 5.1.11)
22.2.2.(6): Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential - R-15, in compliance with regulations set forth therein, and such conditions as may be
imposed pursuant to section 31.2.4.
22.2.2.(9): Parking structures located wholly or partly above grade
22.2.2.(10): Drive-in windows serving or associated with permitted uses
During a period not to exceed the earlier of five (5) years following the date of signature of these proffers
or the completion of the Airport road widening project as it affects the subject parcel, the applicant shall not
construct a building, structure or other improvement, other than an accessway, in the 0.3 acre portion of the
property shown on the attached drawing dated June 4, 1998 (the "no-build zone"), subject to the following:
a. Under no circumstances shall the applicant's access to the remaining portion of the property be
restricted or limited by the no-build zone during the five (5) year period and thereafter.
b. Under no circumstances shall the applicant's use of the remaining portion of the property be
restricted or limited by the no-build zone, except as provided in proffer 4, during the five year
period described above.
c. The no-build zone shall not limit or impede the rights of the applicant to receive appropriate
compensation in any proceeding to acquire the no-build zone by eminent domain.
d. During the five (5) year period following the date of signature of these proffers and, upon the
request of an appropriate party participating in the Airport Road widening project, the applicant
shall grant either a temporary or permanent easement over the no-build zone to allow it to be
entered and used for legitimate purposes related to the Airport Road widening project. The
applicant may require that the appropriate party pay the applicant reasonable compensation for
such easement.
Building and parking setbacks on the property shall be measured from the anticipated property line
based on the final road design plans, if the property is developed before completion of the Airport
Road widening project.
{~Si~/~at~re{s o~a ~) ~ff/'~rinted Names of All Owners
Date
OR
Signature of Attorney-in-Fact
(Attach Proper Power of Attorney)
Printed Name of Attorney-in-Fact
I it'-
~K
,,xxx
\ \
\ \
~PERTY
c
1..._,)
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ZMA 98-16 ColOnnade Center
SUBJECT/PROPOSAL/REQUEST:
Rezoning from R-15 to HC with proffers
STAFF CONTACT(S):
Messrs, Tucker, Huff, Cilimberg, Ms. Echols
AGENDA DATE:
October 14, 1998
ITEM NUMBER:
ACTION: Yes INFORMATION:
CONSENT AGENDA: No
ACTION:
ATTACHMENTS: Yes
BACKGROUND:
REVIEWED BY:
INFORMATION:
At the Planning Commission meeting on September 29, the Commission recommended approval of the rezoning with
modified proffers. These proffers have been made and the full set of proffers is shown in Attachment A.
DISCUSSION:
The Planning Commission received several letters of support for this rezoning.
proffers are those suggested by the Planning Commission.
(See Attachment B.) The modified
RECOMMENDATION:
The staff believes that the appropriate future use of the property is a commercial use, rather than a residential one.
A rezoning reflecting that use with the proffered conditions is viewed as appropriate. Staff recommends approval of
the rezoning with the attached proffers.
98.216
PROFFER FORM
Original Prolfer
Amended Proffer
(Amendment #
Date: 09/16/98 ZMA # 98-16
Tax Map Parcel(s) # 60-40C3
· 4Z Acres to be rezoned from ~t-t5 to Mc
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or
its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall
be applied to the property, if rezoned. These conditions are proffered as a part of the
requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for
the conditions; and (2) such conditions have a reasonable relation to the rezoning
requested.
1. Permitted uses of the property shall include only those uses allowed in Section 24.2.1 of the Albemarle
County Zoning Ordinance in effect on September 21, 1998, a copy of the section being attached hereto,
except the following:
1. Automobile laundries.
2. Automobile, truck repair shops.
3. Automobile service stations
4. Building material sales.
7. Convenience Store (except as provided in Proffer 3).
23. Mobile home and trailer sales and service.
25. Motor vehicle sales, service and rental.
26. New automotive parts sales.
32. Sale of major recreational equipment and vehicles
34. Wholesale distribution.
38. Indoor Theaters.
39. Heating oil sales and distribution.
40. Temporary non-residential mobile homes.
43. Farmers Market.
2. Special uses of the property shall include only those uses allowed in Section 24.2.2 of the Albemarle
County Zoning Ordinance m effect on September 21, 1998, a copy of the section being attached hereto.
except the following
5. Drive-in theaters.
9. Auction houses.
3. Permitted uses of the property that may be used only if such use or uses allowed in Section 24.2.1 of
the Albemarle County Zoning Ordinance in effect on September 21, 1998, a copy of the section being
attached hereto, occupy no more than 50% of the building area are:
7. Convenience stores.
21. Light Warehousing.
22. Machinery and equipment sales, service and rental.
4. -Applicant will build a fence between the subject property and the property of St. Anne's Belfield school
at such a time that a building is located on the subject property and it is in use.
Printed Namos of All Owners
Date
ALBEMARLE COUNTY CODE
Sections:
24.1
24.2
24.2.1
24.2.2
24.3
24.4
CHAPTER 18
ZONING
SECTION 24
HIGHWAY COMMERCIAL - HC
INTENT, WHERE PERMITTED
PERMITTED USES
BY RIGHT
BY SPECIAL USE PERMIT
MI~ FRONTAGE, SHAPE OF DISTRICT
ADDITIONAL REQUIREMENTS
24.1 INTENT, WHERE PER. MITrED
HC diswicts are hereby created and may hereafter be established by amendment m the zoning map
to permit development of commerbial establishments, other than shopping centers, primarily
oriented to highway locations rather than to central business concentrations. It is intended that HC
districts be established on major highways within the urban area and communities in the
comprehensive plan. It is further intended that this district shall be for the purpose of limiting
sprawling slrip commercial development by providing sites with adequate frontage and depth to
permit controlled access to public streets.
24.2 PERMITTED USES
24.2.1 BY RIGHT
The following uses shall be permitted in any HC district subject to the requirements and
limitations of these regulations. The zoning administrator; aft'er consultation with the director of
planning and other appropriate officials, may permit, as a use by right, a use not specifically
permitted; provided that such use shall be similar to uses permitted by right in general character,
and more specifically, similar in terms of locational 'requirements, operational characteristics,
visual impact and traffic generation. Appeals from the zoning administrators decision shall be as
generally provided in section 34.0.
I. Automobile laundries.
2. Automobile, track repair shops.
3. Automobile service stations (reference 5.1.20).
4. Building materials sales.
5. Churches, cemeteries.
6. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2).
7. Convenience stores.
18-24-1
ALBEMARLE COUNTY CODE
g. Educational, technical and trade schools.
9. Factory outlet sales - clothing and fabric.
[ 0. Feed and seed stores (reference 5.1.22).
1 l. Financial institutions.
12. Fire extinguisher and security products, sales and service.
13. Fire and rescue squad stations (reference 5. 1.09).
14. Funeral homes.
15. Furniture stores.
16. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and
wine and cheese shops.
17. Home and business services such as grounds care, cleaning, exterminators, landscaping and
other repair and maintenance services.
18. Hardware.
19. (Repealed 6-3-81)
20. Hotels, motels and inns.
21. Light warehousing.
22. Machinery and equipment sales, service and rental.
23. Mobile home and trailer sales and service,
24. Modular building sales.
25. Motor vehicle sales, service and rental.
26. New automotive pa~s sales.
27. Newspaper publishing.
28. Admini.~"ative, business and professional offices.
29. Office and business machines sales and service.
30. Eating establishment; fast food r~auranta.
31. Retail nurseries and greenhouses.
32. Sale of major recreational equipment and vehicles.
33. Wayside stands - vegetables and agricultural produce (reference 5.1.19).
34. Wholesale distribution.
18-24-2
ALBEMARLE COUNTY CODE
35.
36.
37.
38.
39.
40.
41.
42.
43.
Electric, gas, oil and communication facilities excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and
owned and operated by a public utility. Water distribution and sewerage collection lines,
pumping stations and appurtenances owned and operated by the Albemarle County Service
Authority. Except as otherwise expressly provided, central water supplies and central
sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other
applicable [aw. (Amended 5-12-93)
Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agencies
(reference 31.2.5); public water and sewer transmission, main or rrurac lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Kivanna Water and
Sewer Authority (reference 31.2.5; 5. I. 12). {Amended 1 I-I-89)
Temporary construction uses (reference 5. I. l 8).
Indoor theaters.
Heating oil sales and distribution (reference 5.1.20).
Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
Uses permitted by right pursuant to sub~ection 22.2.1 of section 22.1, commercial, C-1.
(Added 6-19-91; Amended 9-9-92,)
Indoor athletic facilities. (Added 9-15-93)
Farmers' market (reference 5.1.36). (Added I0-11-95)
24.2.2 BY SPECIAL USE PERMIT
1. Commercial recreation establishment including but not limited to amusement centers, bowling
alleys, pool halls and dance halls. (Amended 1-1-83)
2. Septic tank sales and related service.
3. Livestock sales.
4. Veterinary office and hospital (reference 5.1.11):
5. Drive-in theaters (reference 5.1.0g).
6. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers, micro-
wave and radio-wave transmission and relay towers, substatiolm and appurtenances (reference
5.1.12).
7. Hospitals, nursing homes, convalescent homes (reference 5. I. 13).
g. Contractors' office and equipment storage yard.
9. Auction houses.
· 18-24-3
ALBEMARLE COUNTY CODE
10.
ll.
1~.
14.
Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential - R-IS. in compliance with regulations set forth therein, and such conditions as
may be imposed pursuant to section 31.2.4.
Commercial kennels - indoor only (reference 5. I. l 1). (Added 1- 1-83)
Parking su'uctures located wholly or partly above grade. (Added 11-7-84)
Drive-in windows serving or associated with permitted uses. (Added l 1-7-34; Amended 9-9-
92)
Uses permitted by fight, not served by public water, involving water consumption exceeding
four hundred (400) gallons per site acre per day. Uses permitted by fight, not ser%,ed by
public sewer, involving anticipated discharge of sewage other than domestic wastes. (Added
6-14-89)
15. Warehouse facilities not permitted under section 24.1.1 (reference. 9.0). (Added 6- l 9-9 I)
24.3 MINIMUM FRONTAGE, SHAPE OF DISTRICT
Minimum frontage required on a public street for the establishment of an HC district shall b~ one
hundred and fifty (150) feet. Frontage of an HC district shall not exceed depth. This section shall
not apply to HC districts established at the adoption of the zoning map.
24.4 ADDITIONAL REQUIREMENTS
In addition to the requirements contained herein, the requirements of section 21.0, commercial
districts, generally, shall apply within all HC districts.
18-24-4 '
FRYE PROPERTIES
300 West Freemason Street
Noffolk,Virgima 23510
(757) 627-1980 FAX: (757) 623-3730
ATTACHMENT B
Planning De. t.
September 22, 1998
Ms. Elaine K. Echols, Senior Planner
ga'berr~arle City P!annbg Comw&tee
401 Mclntyre Road '
Charlottesville, Vh'ginia 22902
RE: ZMA 98-16-
Colonnade Center
Dear Ms. Echols:
Please be advised that the Charlottesville Investment Properties Partnership, as one of the adjacent owners of
the aforementioned request, supports this proposed change and development.
If we can be of further assistance, please advise.
Mr. CliffHannners
Ms. Debbie Weber
Mr. D. B. Frye, Jr.
Sincerely,
Hugh E. Forehand
F&M Bank - Central Virginia
WAYNE L. TURNER
,~EP 2 2
Plannin~ Dept
9/17/98
County of Albemarle
Dept. of Planning'401 Mclntire Road
Charlottesville, VA 22902-5823
RE: ZMA 98-16 Colonnade Cemer (Sign #56)
Dear Sir or Madam:
We were notified on September 11 ora proposed rezoning ora 18,360 sq. ft.
parcel on Colonnade Drive. Please be advised that we offer no objection to such rezoning,
in fact, we are in favor of it.
Sincerely,
Post Office Box 6096 · Charlottesville, V'trginia 22906
(804) 9734373 . FAX (804).978-1672
Charlottesville / Lovingston / Scottsville / Afton / Amherst
IRON
SET
IRON
FOUND
T.M. -~2-41
JOSEPH W. WRIGHT, JR. & DAVID P. TURNER
D.B. 1560-271
D.B. 462-187 PLAT
IRON FOUND
r N35°44'33"E 0.50'
FROM CORNER
(N43°26'OO"E
N43o2B'OO"E
252.0Z'
378.
T.M. 32-41B
RESIDUE= 1.95:3 ACRES
D.B. 718-311
D.B. 659-714
D.B, 382-2:39 PLAT
POLE
PROPANE
TANK~
WELL ·
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241.83'
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ROBERT E. & LAURA L. HULL
D.B. 1:373-112 PLAT
D.B. 80'3-410 PLAT
D.B. 787-407, 410 PLAT
Dept.
COUNTY OF ALBEMARLE
of Planning & Community Development
401 Mclntire Road
Charlottesville, Virginia 22902~4596
(804) 296-5823
September 30, 1998
CliffHamner
Townside East Limited Partnership
Colonnade Associates
P O Box 7324
Charlottesville, VA 22906
ZMA-98-16 Colonnade Center
Tax Map 60, Parcel 40C(3)
Dear Mr. Hamner:
The Albemarle County Planning Commission, at its meeting on September 29, 1998,
unanimously recommended approval of the above-noted petition to the Board of
Supervisors. Please note that this approval is subject to revised proffers, which are to be
finalized prior to the Board meeting.
If you have any questions or comments regarding this action, please do not hesitate to contact
me.
Sincerely,
Elaine K. Echols, AICP
Senior Planner
EKE/jcf
Cc:
Amelia McCulley
Jack Kelsey
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
ZMA 98-16 Colonnade Center
ELAINE K. ECHOLS, AICP
SEPTEMBER 29, 1998
OCTOBER 14, 1998
At}nlicant's Proposal: The applicant's proposal is to rezone a small parcel of land located on
Colonnade Drive from R-15 Residential to HC Highway Commercial. Specifically, the
applicant would like to rezone a small property of 18,357 square feet to combine it with the
adjoining parcel of 30, 864 square feet for future commercial development. (See Attachment
A.) The applicant provided a conceptual plan to the staff of how the property might be
developed as an office. While this conceptual plan has not been proffered, a list of uses has
been proffered. (See Attachment B.) In effect, certain intensive uses in the HC zone have
been "proffered out". The "proffered out" uses are:
Automobile laundries (car washes)
Automobile, truck repair shops
Automobile service stations
Convenience stores as a primary use
Light warehousing as a primary use
Machinery and equipment sales, service, and rental as a primary use
Mobile home and trailer sales and service
Motor vehicle sales, service and rental
Sale of major recreational equipment and vehicles
Indoor theaters
Drive-in theaters
Petition: The request is a petition to rezone 0.42 acres from R-15 Residential to HC
Highway Commercial. The property, described as Tax Map 60 Parcel 40C3, (shown on
Attachments C&D) is located in the Jack Jouett Magisterial District and is recommended as
for Community Service in Neighborhood 6 of the Land Use Plan.
Applicant's Justification for the Request: The applicant is making the request in order to
have development potential for the parcel.
Character of the Area: The area surrounding the parcel contains retail businesses, services,
and a large apartment complex. The property itself is located between University Heights
and a service station/convenience store. St. Anne's B elfield in the City of Charlottesville
also adjoins this property.
RECOMMENDATION: Staff has reviewed the proposal for conformity with the
Comprehensive Plan and the Zoning Ordinance and recommends approval.
Planning and Zoning History: The property is located along Colonnade Drive, which is a
private road. In 1987, a rezoning request was made to rezone the adjoining parcel fi'om HC
to C-1 and this parcel from R-15 to C-1 for a commercial office use. Although the staff
recommended approval of the rezoning, the Planning Commission recommended that the
rezoning be made to CO Commercial Office because of the potential for high traffic uses
near the residential use. The applicant had proffered out churches, lodges, funeral homes,
indoor theaters, libraries and museums, service stations and car repair.
Atter the Planning Commission meeting, the applicant modified his application to request
CO zoning on the 0.42 acre parcel only and to withdraw his request for C-1 zoning on the
adjoining parcel. The Board of Supervisors sent the request back to the Planning
Commission because there was a change in what the Commission had recommended to the
Board. The Planning Commission decided that they wanted to see a site plan for the
proposed development prior to making a recommendation back to the Board. The applicant
subsequently withdrew his request.
Comprehensive Plan: The property in question is designated for Community Service in
Neighborhood 6 of the Land Use Plan. Recommended Community Service uses include the
following activkies:
· Community-scale commercial, professional, and office uses providing retail, wholesale,
business, medical offices, small office buildings, mixed-use core communities and/or
employment services to the urban Neighborhood, Communities, and larger geographic
sections of the county
· Urban Density Residential uses are allowed within this designation as a secondary use.
· Community Service designation requires a medium site size (5 to 30 acres), collector
road accessibility, water and sewer availability, and compatibility with adjacent land
uses.
This rezoning would provide the opportunity for commercial development in a corridor
designated for commercial activity. Although not 5 acres in size, it would be part of an area
which is in excess of five acres that is shown for Community Service on the Land Use Plan.
The private road, Colonnade Drive, intersects with Route 250 West for collector road
accessibility. CO, C-l, and HC zoning districts support Community Service Areas as do the
PD-SC and PD-MC zoning districts.
The Infill Development Policy from the Land Use Plan applies to this area. Of the General
Land Use Standards for Designated Development Areas, the following statements apply:
· minimize the impact of development on major roads by limiting access points
· include features to prevent impact from impervious surfaces on water quality
· encourage building orientation to public streets; parking areas do not need to be located
exclusively in front of buildings
· ensure that phasing of developments matches service and infrastructure availability and
capacity
· make overall development density be as high a level as is practical
· maintain the integrity of adjacent residential areas through use of buffering, screening,
and separation of adjacent non-residential uses
· design development with an internal orientation to foster a sense of place and avoid the
image of continuous suburban sprawl
· provide for innovative design that reduces housing costs
Access is limited to Colonnade Drive and infrastructure availability exists. Development
plans have not been drawn yet to see how the site would be designed and parking provided.
Screening is required between the University Heights use and the parcel; however, housing is
not adjacent to the site. No housing is proposed.
Specific standards for commercial development in the Land Use Plan also apply to this site.
These standards are as follows:
· Commercial zoning districts should be permitted only in designated Villages,
Communities and the Urban Area. Only limited supporting commercial uses appropriate
to the Rural Areas should be included in the Rural Areas zoning provisions.
· Highway-oriented commercial development should be located in clusters with common
access points. Highway-oriented commercial development not located in such clusters
should utilize service roads or shared access with adjoining sites to minimize the number
of intersections on higher volume roads. To encourage this approach, areas designated
for commercial development should not be less than three acres and should be of
reasonable topography to allow unified access.
· Rezoning to a commercial designation for sites of three acres or more should be
accomplished under a planned approach accompanied by traffic analysis.
· Commercial uses adjacent to residential areas should be effectively buffered and screened
in accordance with zoning regulations. Generally, commercial office uses should be
employed as transitional areas between residential development and heavier commercial
or industrial areas. Any uses (including commercial office uses) allowed adjacent to
residential areas should be compatible in operational aspects, and any potentially
objectionable aspects should be adequately addressed at rezoning.
· Mixed commercial and residential areas as well as mixed uses within buildings should be
encouraged as land and energy-efficient developments, along with infill of existing
commercial areas.
· Commercial uses should locate in areas where public utilities and facilities are adequate
to support such uses. Upgrading and extension of roads, water, sewer, electrical,
telephone, natural gas systems, and community facilities should be considered in review
of a commercial rezoning request.
The rezoning proposal meets these standards in most ways. Although the parcel is less than
five acres, it will be combined with an adjoining parcel. It is not proposed as a mixed
commercial and residential use, but the area is one where a commercial use can be used to
transition to a residential use. The larger immediate area is mixed use in nature with the
existing apartments and commercial uses.
STAFF COMMENT:
Relationship between the application and the purpose and intent of the requested
zonin~ district
The HC Highway Commercial zoning district permits "development-of commercial
establishments, other than shopping centers, primarily oriented to highway locations rather
than to central business concentrations. It is intended that HC districts be established on
major highways within the urban area and communities in the comprehensive plan. It is
further intended that this district shall be for the purpose of limiting sprawling strip
commercial development by providing sites with adequate frontage and depth to permit
controlled access to public streets."
In and of itself, the proposed zoning of a 0.42 acre parcel at this location does not meet the
intent of the district. When combined with the adjoining parcel and in the context of the
adjacent Highway Commercial district, the parcel will be available for development to meet
the purpose and intent of the requested zoning district. A CO zoning district could be a more
appropriate district for a commercial office use, but, with the possible mixed commercial and
retail uses, the HC zoning is also appropriate. In addition, the proposed HC zoning attaches
to the' adjoining larger district.
Public need and iustification for the change
The public need for the proposed zoning change is to provide for use of an existing parcel in
the infill areas. It is possible that a triplex could be built on the lot to provide additional
housing in an area of high density housing. With the rezoning the parcel could be combined
with the adjoining lot and developed commercially.
Anticipated impact on public facilities and services
Water and Sewer - Water and sewer service is available to the property.
Roads - A maintenance agreement exists for Colonnade Drive which anticipates
development of these two parcels and sets out a formula for each parcel's share of the
development. Engineering has. inspected the road and believes it to be capable of
handling additional traffic generated by the anticipated use.
A site planwould be required for any development of the parcel and, at that time, an
intersection analysis could and likely Would likely be needed to see what, if any,
improvements are necessary for the intersection with Route 250' and Colonnade Drive
and/or Colonnade Drive itself.
Stormwater manaeement - Stormwater management and BMP requirements will be
assessed with any site plan for development of the parcel.
4
Anticipated impact on natural, cuitural~ and historic resources
No impact is expected on cultural and historic resources.
Anticipated impact on nearby and surrounding properties
Little impact is anticipated on nearby and surrounding properties. Roads and utilities are
available to the parcel. Screening requirements exist to provide protection for residential
properties which abut commercial developments. The most intensive uses in the HC district
have been proffered out. The small parcel size ensures that the use of the property will be
limited and its impact on adjoining properties minimal.
SUMMARY:
Staff has identified the following factors which are favorable to this request:
The proposed rezoning meets the goals identified in the Comprehensive Plan for
infill, commercial development, and Neighborhood 6.
The most intensive uses have been proffered out.
Utilities and roads are satisfactory for a commercial use of the parcel; screening
requirements will help buffer any commercial uses from the adjoining residential
property.
Staff has identified the following factors which are unfavorable to this request:
The property could be developed residentially, thus helping to accommodate future
residential needs.
A site plan could be developed for this site and proffered to further limit the potential
impacts on adjoining parcels.
RECOMMENDED ACTION
The small size of the parcel involved in this request provides practical limits to its use and,
overall, impedes its development potential. When combined with the adjoining parcel the
site's development potential is improved. But the site still does not lend itself to a multitude
of uses.
In this particular case, a rezoning would be required on one or the other parcel to maximize
use of the land. As Commercial Service and Urban Density Residential Use come together at
this location on the Land Use Plan, either commercial or residential use would be in keeping
with the Land Use Plan. Staff opinion is the commercial use is appropriate in this location
and the HC zoning, with the proffers proposed, allows this site to have a zoning designation
consistent with the surrounding commercial. Limits on intensity allow the use to function as
a transition between adjacent residential and institutional uses.
Staff recommends approval of this request with the proffers as submitted.
ATTACHMENTS:
B-
C-
D-
Map showing parcels in relation to Colonnade Drive
Proffers from Applicant
Location Map
Tax Parcel Map
A:XZMA9816REPORT.DOC
6
oD
LOT ,~
I
ATTACHMENT A
~:~NVESTORS
~ANAGE~ENT
Date: 09/.~6./~J8
TEL~804-977-8501
ZMA'# 98--16
Sap 21,98 '16:05. No.O0$ P.02
Oriyinal P;uifer
Amended Proffer__.
(Amendment #, )
Tax Map Parcel(s) ~.6_0.¢oc3 ATTACHMENT B
· 42 Acres to be re;toned from g-ts to ~c -.
· Pursuant to Section 33,3 of the Albemarle County Zoning Ordinance, the owner, or
its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall
be applied t0 the property, if rezoned. These conditions are proffered as a part of the
requested mzoning and it is agreed that'. (1) the .rezonlng itself gives rise to the need for
the conditions: and (2) such conditions have a reasonable relation to the rezonlng
requested. "-
1, Permitted uses of*tho proper7 shall include only tho~c uses allowed in Section 24,2;1 of tho Albemarle
Counb, Zoning Ordinance in erie, ct on September 21, 1998, a copy of the s~'tion being attached hereto,
except the following:
1. Automobile laundries.
2. Automobile, II,lek fepnllkshol~,
3. Automobil~ S~rvicc sb~Lion~
7. Cmw~li~c~ $[om (except a~ proytdod in Pmfl'er 3).
23. Mobile hor~ and u~il~r nice and service.
32. Sale of major recr~aUonnl equipm~m and vehicles .-
38. lndoor Theaters.
2, 'Special uses of thc properly shall include only those uses allowed in Scction24,2,2 of the Albemarle
County Zoning OrdtmmcCin effect on September 21. 1998. e copy of the section being attached hereto.
except the following
5. Drive-in theaters.
9. Auction housos,
3, Pormittod uses afthc properly that ffmy be ~ only is such usc or uses occupy no mom thrum 50%of
tho building area are:
7. Convenience stores.
21. Light Warehousing.
22. Machinery mid equipment sales, ~rvice and ronm].
Signatures of All OwnersPrtnled Names of All Owners Date
-/.. 7/.,-x, ,,-o.. ,,,,..
Signature of Attorney-in-Fact
(AtlaCh 'Proper Power of Attorney)
Printed Na~ne of Attorney-in-Fact
PROFFORM.WPD
R~v, De,ember 10o4
A£BEMARI,£ COUNTY CODE
Sections:
24.1
24.2
24.2.1
24.2.2
24.3
24.4
CHAPTER 18
ZONING
SECTION 24
HIGHWAY COMMERCIAL - HC
INTENT, WHERE PERMITTED
PERMITTED USES
BY RIGHT
BY SPECIAL USE PERMIT
MINIMUM FRONTAGE, SHAPE OF DISTRICT
ADDITIONAL REQUIREMENTS
24.1 INTENT, WHERE PERMITTED
HC districts are hereby created and may hereafmr be established by amendment to the zoning map
to permit development of commercial establishments, other than shopping centers, primarily
oriented to highway locations rather than to central business concentrations. It is intended that HC
districts be established on major highways within the urban area and communities in the
comprehensive plan. It is fiuther intended that this district shall be for the purpose of limiting
sprawling strip commercial development by providing sites with adequate frontage and depth to
permit controlled access to public sla'eets.
24.2 PERMITTED USES
24.2.1 BY RIGHT
The following uses shall be permitted in any HC district subject to the requirements and
limitations of these regulations. The zoning administrator, afier consultation with the director of
planning and other appropriate officials, may permit, as a use by dght, a use not specifically
permitted; provided that such use shall be similar to uses permitted by right in general character,
and more specifically, similar in terms of tocational requirements, operational characteristics,
visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as
geherally provided in section 34.0.
[. Automobile laundries.
2. Automobile, track repair shops.
3. Automobile service stations (reference 5.1.20).
4. Building materials sales.
5. Churches, cemeteries.
6. Clubs, lodges, civic, fraternal patriotic' (reference 5.1.2).
7. Convenience stores.
1 $-24-1
ALBEMARLE COUNTF CODE
8. Educational, technical and trade schools.
9. Factory outlet sales - clothing and fabric.
10. Feed and seed stores (reference 5.1.22).
I 1. Financial institutions.
12. Fire extinguisher and security products, sales and service.
13. Fire and rescue squad stations (reference 5.1.09).
14. Funeral homes.
15. Furniture stores.
16. Food and grocery stores including-such specialty shops as bakery, candy, milk dispensary and
wine and cheese shops.
17. Home and business services such as grounds care, cleaning, exterminators, landscaping and
other repair and maintenance services.
18. Hardware.
19. (Repealed 6-3-81)
20. Hotels, motels and inns.
21. Light warehousing.
22. Machinery and equipment sales, service and rental.
23. Mobile home and trailer sales and service.
24. Modular building sales.
25. Motor vehicle sales, service and rental.
26. New automotive parts sales.
27. Newspaper pub~g.
28. Administrative, business and professional offices.
29. Office and busines~ machines sales and service.
30. Eating establishment; fast food restaurants.
31. Retail nurseries and greenhouses.
32. Sale of major recreational equipment and vehicles.
33. Wayside stands - vegetables and agricultural produce (reference 5.1.19).
34. Wholesale distribution.
18-24-2
ALBEMARLE COUNTY CODE
35.
36.
37.
38.
39.
40.
41.
42.
43.
Elecu'ic, gas, oil and commun ication facilities excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for dis~ibution of local service and
owned and operated by a public utility. Water distribution and sewerage collection lines,
pumping stations and appurtenances owned and operated by the Albemarle County Service
Authority. Except as otherwise expressly provided, central water supplies and central
sewerage systems in conformance with Chapter 16 of the Code of. Albemarle and all other
applicable law. (Amended 5-12-93)
Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agencies
(reference 31.2.5); public water, and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 1 I-1-89)
Temporary construction uses (reference 5. I. 18).
Indoor theaters.
Hearing oil sales and distribution (reference 5.1.20).
Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
Uses permitt~l by fight pursuant to sub~tion 22.2.1 of section 22.1, commercial, C,I.
(Added 6-19-91; Amended 9-9-9?,)
Indoor athletic facilities. (Added 9-15-93)
Farmers' market (reference 5.1.36). (Added I 0-I 1-95)
24.2.2 BY SPECIAL USE PERMIT
l. Commercial recreation establishment including but not limited to amusement centers, bowling
alleys, pool hails and dance halls. (Amended 1-I-83)
2. Septic tank sales and related service.
3. Livestock sales.
4. Veterinary office and hospital (reference 5.1.11).
5. Drive-in theaters (reference 5.1.08).
6. Electrical power substations, transmission lines and related towers; gas or oil transmission
lin~, pumping stations and appurtenances; unmamled telephone exchange centers, micro-
wave and radio-wave transmission and relay towers, substatioiis and appurtenances (reference
5.1.12).
7. Hospitals, nursing homes, convalescent homes (reference 5.1.13).
8. Contractors' office and equipment storage yard.
9. Auction houses.
· · 18-24-3
ALBEMARLE COUNTY CODE
I0.
11.
12.
14,
Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential = R-IS, in compliance with regulations set forth therein, and such conditions as
may be imposed pursuant to section 31.2.4.
Commercial kennels - indoor only (reference 5.1.11). (Added 1 - 1-83)
Parking structures located wholly or partly above grade. (Added 11-7-84)
Drive-in windows serving or associated with permitted uses. (Added l 1-7-84; Amended 9=9-
92)
Uses permitted by right, not served by public water, involving water consumption exceeding
four hundred (400) gallons per site acre 'per day. Uses permitted by right, not served by
public sewer, involving anticipated discharge of sewage other than domestic wastes. (Added
6-14-89)
l $. Warehouse facilities not permitted under section 24.1.1 (reference. 9.0). (Added 6-19-91)
24.3 MINIMUM FRONTAGE, SHAPE OF DISTRICT
Minimum frontage required on a public street for the establishment of an HC district shall be one
hundred and fifty (I 50) feet. Frontage of an HC district shall not exceed depth. This section shall
not apply to HC districts established at the adoption of the zoning map.
24.4 ADDITIONAL REQUIREMENTS
In addition to the requirements contained herein, the requirements of section 21.0, commercial
districts, generally, shall apply within all HC districts.
18-24-4 '
MTN.
0
U
ATTACHMENT C
,?
F~'mir, g I on
Country Club
I Cho~ttelvllle
', /
)\
_~.
ZMA g8-16
Colonnade Center
Monticello
ALBEMARLE
COUNTY
ATTACHMENT D
/
68
/
Z~
SEE '75- 63
' ZMA 98-16
Colonnade Center
76
SAMUEL MILLER, JACK JOU. ETT AND
CHARLOTTESVILt' E DISTRICTS -,.-.
Dept.
COUNTY OF ALBEMARLE
of Planning & Community Development
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
September 30, 1998
John F. Matthews
P O Box 5603
Charlottesville, VA 22905
ZMA-98-19 Mitchell Matthews
Tax Map 60, Parcel 36
Dear Mr. Matthews
The Albemarle County Planning Commission, at its meeting on September 29, 1998,
unanimously approved the above-noted petition.
Please be advised that the Albemarle County Board of Supervisors will review this petition
and receive public comment at their meeting on October 14, 1998. 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,
Elaine K. Echols, AICP
Senior Planner
EKE/jcl /
cc: N~a Carey
Amelia McCulley
Jack Kelsey
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
ELAINE IC ECHOLS, AICP
SEPTEMBER 29, 1998
OCTOBER 14, 1998
ZMA 98-19 Mitchell Matthews Architects Offices
AND
SDP 98-092 Site Plan Waiver for Mitchell Matthews Architects Offices
Aoolicant's Proposal: The applicant's proposal is to rezone a small parcel of land located
between Stillfried Lane and Twin Sycamore Lane from R1 Residential to CO Commercial
Office. Specifically, the applicant would like to rezone property under contract to convert an
existing triplex into a professional office and apartment for one of the owners. Professional
office use is not proffered although a site plan waiver request accompanies this rezoning
request.
Petition: The request is a petition to rezone 0:45 acres from R1 Residential to CO
Commercial Office. The property, described as Tax Map 60 Parcel 36, (shown on
Attachments B & C) is located in the Jack Jouett Magisterial District and is recommended as
for Community Service in Neighborhood 6 of the Land Use Plan.
Applicant's Justification for the Reque..st: The applicant is making the request in order to
have a professional office and home at this location. His full justification for the request is
described in Attachment D.
Character of the Area: The area contains retail businesses, services, and a large apartment
complex. The property itself is located between a funeral home and a house. Nearby is the
Kluge Children's Rehabilitation Center, other professional offices, and homes on Lewis
Mountain.
RECOMMENDATION: Staff has reviewed the proposal for conformity with the
Comprehensive Plan and the Zoning Ordinance and recommends approval.
Planning and Zonin~ History: The property is located between two private roads. The
subdivisions, which created the parcels along these two roads, predate the zoning and
subdivision ordinances.
Comprehensive Plan: The property in question is designated for Community Service in
Neighborhood 6 of the Land Use Plan. Recommended Community Service uses include the
following activities:
Community-scale commercial, professional, and office uses providing retail, wholesale,
business, medical offices, small office buildings, mixed-use core communities and/or
employment services to the urban Neighborhood, Communities, and larger geographic
sections of the county
Urban Density Residential uses are allowed within this designation as a secondary use.
Community Service designation requires a medium site size (5 to 30 acres), collector
road accessibility, water and sewer availability, and compatibility with adjacent land
USES.
This development would provide a mixed professional office and housing use with the
housing use being secondary to the professional office use. Although not 5 acres in size, it
would be part of an area in excess of five acres shown for Community Service on the Land
Use Plan. The private roads intersect with Route 250 West for collector road accessibility.
Issues of water and sewer availability and compatibility with adjacent uses will be discussed
later in this report.
The Infill Development Policy from the Land Use Plan applies to this area. Of the General
Land Use Standards for Designated Development Areas, the following statements apply:
minimize the impact of development on major roads by limiting access points
· include features to prevent impact from impervious surfaces on water quality
· encourage building orientation to public streets; parking areas do not need to be located
exclusively in front of buildings
· ensure that phasing of developments matches service and infrastructure availability and
capacity
· make overall development density be as high a level as is practical
· maintain the integrity of adjacent residential areas through use of buffering, screening,
and separation of adjacent non-residential uses
· design development with an internal orientation to foster a sense of place and avoid the
image of continuous suburban sprawl
· provide for innovative design that reduces housing costs
Access is limited to existing roads and a gravel parking lot is proposed to reduce the impact
of parking on water quality. The building orientation has already been set but the parking
area to be improved is to the rear of the building. Infrastructure availability exists and
connection to public sewer can take place. Development density is as high a level as
practical. Although the Board of Zoning Appeals granted a variance to the buffer
requirement between the adjoining residential use and this proposed use, the applicant has
proposed vegetative screening on the site plan waiver requested being reviewed with this
proposed rezoning. The site itself is internal to a larger commercial area and, because no
new construction is proposed, will not further contribute to an image of suburban sprawl.
The use of part of the building as a home for one of the architects is innovative and serves to
reduce housing costs.
Specific standards for commercial development in the Land Use Plan also apply to this site.
These standards are as follows:
Commercial zoning districts should be permitted only in designated Villages,
communities and the urban Area. Only limited supporting commercial uses appropriate
to the Rural Areas should be included in the Rural Areas zoning provisions.
2
Highway-oriented commercial development should be located in clusters with common
access points. Highway-oriented commercial development not located in such clusters
should utilize service roads or shared access with adjoining sites to minimize the number
of intersections on higher volume roads. To encourage this approach, areas designated
for commercial development should not be less than three acres and should be of
reasonable topography to allow unified access.
· Rezoning to a commercial designation for sites of three acres or more should be
accomplished under a planned approach accompanied by traffic analysis.
· Commercial uses adjacent to residential areas should be effectively buffered and screened
in accordance with zoning regulations. Generally, commercial office uses should be
employed as transitional areas between residential development and heavier commercial
or industrial areas. Any uses (including commercial office uses) allowed adjacent to
residential areas should be compatible in operational aspects, and any potentially
objectionable aspects should be adequately addressed at rezoning.
· Mixed commercial and residential areas as well as mixed uses within buildings should be
encouraged as land and energy-efficient developments, along with infill of existing
commercial areas.
· Commercial uses should locate in areas where public utilities and facilities are adequate
to support such uses. Upgrading and extension of roads, water, sewer, electrical,
telephone, natural gas systems, and community facilities should be considered in review
of a commercial rezoning request.
The rezoning proposal, with the site plan waiver request, meets these standards in all ways.
STAFF COMMENT:
Relationship between the application and the purpose and intent of the requested
zoning district
The CO Commercial Office zoning district "permits development of administrative,
business and professional offices and supporting accessory uses and facilities. This
district is intended as a transition between residential districts and other more
intensive commercial and industrial districts." The district requested seems
appropriate to the application for an office.
Public need and justification for the change
The public need for the proposed zoning change is to provide for adaptive reuse of an
existing structure in a designated development area, in accordance with the
Comprehensive Plan.
Anticipated impact on public facilities and services
Water and Sewer - Water service is already available to and serves the property. The
building is now served by a septic system. The applicant must obtain an easement fi.om
the adjoining property owner in order to hook to public sewer. Public sewer is available.
Roads - Two existing private roads provide access to the site. These roads predate the
private road requirements of the subdivision ordinance. They have been inspected by the
Engineering Department to see if they are structurally able to handle the increased traffic
of this rezoning. Owners of the private roads have agreed to modify maintenance
agreements to accommodate the traffic generated by redevelopment of this parcel. The
applicant will contribute to the maintenance of the private roads.
Stormwater management - The applicant will need to provide BMP structures for
runofffrom the improved parking lot. This issue will be discussed further in the Site
Plan Waiver section.
Anticipated impact on natural~ cultural~ and historic resources
No impact is expected on cultural and historic resources.
Anticipated impact on nearby and surroundine orot}erties
No impact is anticipated on nearby and surrounding properties.
SUMMARY:
Staff has identified the following factors, which are favorable to this request:
The proposed rezoning meets the goals identified in the Comprehensive Plan for
infill, commercial development, and Neighborhood 6.
A site plan waiver request shows that the purpose for which this rezoning is requested
can be accomplished.
Staff has identified no factors unfavorable to this request.
RECOMMENDED ACTION
Staff recommends approval of this request.
SDP 98-92: Site Plan Waiver Request
REQUEST: John Matthews has requested a waiver of full site development plan
requirements for conversion of an existing building on 0.45 acres proposed to be rezoned to
Commercial Office from R1 Residential on TMP 60-36. The "sketch" plan, dated August 15,
1998 and prepared by Mitchell/Matthews Architects, is shown on Attachment D.
BACKGROUND: A site development plan is required for this use because the applicant is
changing the use of a structure and expanding a parking lot because of required parking. The
./
parking lot is currently unpaved and used for a triplex. As the use is residential and the
construction of the building predates the zoning ordinance, there is no site development plan
for the property. The applicant has requested a waiver ora full site development plan
because the site and improvements are existing. The only plans are for modifications to the
alignment of the driveway into the parking area, defining and enlarging the parking lot with
gravel and providing landscaping. Full engineering drawings and improvements are not
required.
The applicant has also requested relief from the requirement for delineation of parking spaces
for a gravel lot because of the size and layout of the lot.
Drainage - Drainage improvements will be required and approved by the Engineering
Department in accordance with the Water Protection Ordinance.
Sewer - As discussed in the rezoning report above, the applicant will need to obtain an
easement across an adjoining property in order to extend sewer to serve his property. The
applicant has offered to connect immediately to the sewer if the septic system is inadequate,
otherwise a connection will be made within 12 months.
Yards and Screening - The Zoning Ordinance requires a 20 foot separation between off-
street parking areas and residential zoning districts. Likewise, there is a requirement for a 20
foot buffer zone for screening between off-street parking areas and residential districts. The
applicant obtained a variance from the Board of Zoning Appeals for the separation and buffer
requirement. The applicant has asked the Planning Commission also to waive the 20 foot
buffer zone requirement because the location of existing parking areas and buildings does not
leave room for a 20 foot buffer zone. The applicant has shown a five foot strip between the
two properties in which screening trees are to be planted.
DISCUSSION: Staff supports the applicant's requests because of the minor level of
alterations being made to the property. Delineation of a gravel parking lot for 11 spaces does
not seem necessary at this location. A reduction in the width of the buffer zone appears to be
justified because this is an adaptive reuse of the parcel and screening will be provided.
A full site development plan for the property is not recommended for this property since the
sketch plan indicate the level of change proposed. Plans for drainage improvements can be
provided directly to the Engineering Department for review and approval.
RECOMMENDATION: Staff opinion is that the requirement of a full site development
plan would not forward the purposes of this ordinance or otherwise serve the public interest.
As a result, staff recommends approval of the application to allow waiving of the site
development plan in accord with the sketch plan dated August 15, 1998, with the following
conditions:
The applicant shall connect immediately to the public sewer if the existing septic
system is determined as inadequate by the Health Department; otherwise, connection
will be made within 12 months of the rezoning.
5
Delineation of parking spaces, except for handicap access, will not be required.
Screening between the adjoining residential use shall be installed and maintained for
so long as that use and zoning remains residential.
Receipt of modified maintenance agreements for access on the private road or letters
from owners of the private roads that no modification of a maintenance agreement is
needed
Engineering Department approval of the parking lot improvements.
Engineering Department approval of entrance improvements necessary to obtain
adequate intersection sight distance.
Engineering Department approval of drainage and stormwater management plans.
ATTACHMENTS:
A- Applicant's Justification for Request
B - Location Map
C - Tax Parcel Map
D - Sketch Plan for Site Plan Waiver
A:~dA9819REPORT.DOC
6
ATTACHMENT A
Attachment I
Application for Zoning Map Amendment
Project Name: Mitchell/Matthews Architects Offices
1. What public need or benefit does this rezoning serve?
The requested zoning change would serve to implement the Comprehensive Plan and
supports the primary and secondary uses for this area. The proposed mixed-use nature of
the property also supports the County's planning objectives.
2. Are public water, sewer, and roads available to serve this site? Will there be any
impact on these facilities?
The property is currently served by public water and septic tank. The septic system
currently services four full bathrooms and three full kitchens. The proposed use will
reduce this number to two full bathrooms, two half bathrooms, and two full kitchens, which
is equivalent to a 25% reduction in needed capacity. As a result, the septic tank should be
of more than sufficient size to handle the proposed use.
Access to the site is via Stillfried Lane, a private 40 foot right of way maintained by the
University of Virginia. No impact is anticipated beyond that created by its present use.
3. What impact will there be on the County's natural, scenic, and historic resources?
This rezoning, if approved, will have a positive impact on the County's natural, scenic and
historic resources in this important entrance corridor area, by preserving and maintaining
the natural beauty and character of the existing stone residence and as much of the natural
vegetation as the County's Engineering Department will permit to remain unpaved.
4. Describe your request in detail, including why you are requesting this particular
zoning district.
A zoning of this property is requested in order to permit use of the existing stone residence
to house the architectural practice of the applicant. In response to the existing site
conditions and with the approval and support of the property Owner of the adjoining
apartment building, a waiver of the 20 foot undisturbed buffer is also requested.
This particular zoning district is requested because it is consistent with the surrounding
neighborhood, permits the potential mixed.use of the property to be used as both the
office and home of the applicant, and is consistent with the Comprehensive Plan.
M ITCH
AKCHIT~CTS
ELL, MATTHEWS & AS
S O
CIA
TLS
'L T D
E~GINEERS~
August 15, 1998
Elaine K. Echols
County of Albemarle
Department of Planning and Community Development
401 Mclntire Road, Room 218
Charlottesville, Virginia 22902-4596
Reference: Proposed offices for Mitchell/Matthews Architects
ZMA 98-0119 and SDP 98-092
Dear Elaine,
Please find below and on the following pages a response to your August 11 memorandum.
I believe I have provide all the information you requested and I think I have responded to all the
other issues raised by other departments and agencies.
Site Plan Waiver Request
I am requesting a Site Plan Waiver for this small site (less than half an acre) because the site and
improvements are existing and there are no plans 'for additional site improvements other than a
minor realignment of the existing gravel drive and related landscaping along the south property
line as shown on the accompanying site plan. I believe the site plan (with reasonable revisions,
if any, that the County may request) adequately and clearly conveys the detail and nature of
these very minor improvements and therefore the expense and time required to develop a
detailed site plan of an existing condition is not necessary nor reasonable and should be waived.
Right of way over Stillfried Lane & Twin Sycamore Lane
For you convenience I have included a hi-lited copy of the deed and plat which indicate the
subject property's right's of way over Stillfried Lane (40ft R/W) & Twin Sycamore Lane(21ft
R/W). The University of Virgima constructed and maintains Stillfried Lane. A lengthy search
in the County Clerk's office could not find any maintenance agreement for Twin Sycamore
Lane, nor any documentation regarding the concrete storm water pipe crossing the property.
If you have any questions or if you require additional information please call me at 979-7550
Sincerely,
W°
s, AIA
Attachments: Deed, Site Plan(5), Photos(5), Plat(5)
RECEIVED
' UG 1 7 1993
lannincj Deot.
P.O. BOX 5603 · CHARLOTTESVILLE. VIRGINIA 22905 · (804) 979-7550 · FAX: (804) 979-5220
BUCK
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Chotloltelvil Il
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ZMA 98-19
Mitchell Matthews
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ATTACHMENT B
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Monticello
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ALBEMARLE
COUNTY
ATT A CH~VIENT~ C
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ZMA 98-19
Mitchell Matthews
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76
SAMUEL MILLER, JACK JOUETT AND
CHARLOTTESVILLE DISTRI(:;TS
.....
STILLFRIED LANE
40' Paved Private R/W- Maintained
byUVA
(see plat 3/16/66 attatched)
?~-o >
TWIN SYCAMORE LANE
21' Paved Private R/W
!
134.04'
ATTACHMENT D
STATE AND LOCAL GOVERNMENT CONFLICT OF INTERESTS ACT
TRANSACTIONAL DISCLOSURE STATEMENT
for Officers and Employees of
Local Government [Section 2.1-639.14 (E) ]
2.
3.
4.
5.
Transaction: L~(~,~ ~,¢ ~ &,--.~ F~. v~
Nature of Personal Interest Affected by Transaction:
e
I declare that:
I am disqualifying myself from participating in this transaction and request
that this fact be recorded in the appropriate public records for a period of
five years.
Dated:
Signature /
SETTLEMENT AGREEMENT
This Settlement Agreement (the "Agreement") is entered into this ~.J-'P~day of
-(¢ ~e ~ ~ r , 1998, by and between Lakeside Associates II Limited Partnership and
!
Lakeside Associates LLC (collectively "Lakeside" or "Plaintiff"), the County of Albemarle and the
Albemarle County School Board (collectively the "County" or "Defendant").
RECITALS
Lakeside has filed a Bill of Complaint and Motion for Temporary injunction in the
Albemarle County Circuit Court claiming the County's use of water for irrigation purposes from a
body of water (the "Lake") located adjacent to Plaintiff's and Defendant's respective properties has
damaged Plaintiff's property and seeking to enjoin the County from pumping water from the Lake.
The parties have agreed to a temporary settlement of all matters in dispute between
them relating to the allegations set forth in the Bill of Complaint and Motion for Temporary
Injunction, without any admission of liability by either party.
In consideration of the following mutual
consideration, the parties agree as follows:
Withdrawal/Dismissal of Actions
AGREEMENT
promises,
releases, and good and valuable
111 Lakeside agrees to dismiss without prejudice its Bill of Complaint and Motion
for Temporary Injunction now pending in the Albemarle County Circuit Court. Lakeside releases
the County from any liability for damages as a result of the County's use of water from the Lake up
to and including the date of the Agreement.
1.2 The parties agree that Lakeside and the County shall each have the right to
approprime remedies, at law or equity, in the event that this'Agreement is breached in the future, or
at the expiration of this Agreement.
2. Water Usage
2.1 The County agrees to utilize Lake water for irrigation purposes only as long
as the water surface elevation is not loWer than 22 inches below the spillway through April 30, 1999.
The water surface level was noted to be 19.5 inches below the spillway on August 18, 1998.
2.2 The County agrees to utilize Lake water for irrigation purposes only as long
as the water surface elevation is nm lower than 9 inches below the spillway from May I through
September 15.
2.3 The County agrees to utilize Lake water' for irrigation purposes .only as long
as the water surface elevation is not lower than 14 inches below the spillway from September t6
through April 30.
2.4 The parties agree to provide timely notice to each other of any construction
activity which must be performed on the Lake or forebay. Conslruction activities will not be subject
to the water surface level requirements noted above. Construction activities which affect the level
of the pond will, if reasonably possible, only occur from September 16 through April 30.
2.5 Since the high school construction site has been substantially stabilized, the
County will no longer require any drawdown of the Lake fo~ erosior~ control purposes. However,
the County specifically reserves the right to future drawdown of the Lake, not to exceed 6 inches
below the spillway, for erosion control protection.
2.6 This Agreement does not in any way restrict the parties from any or all other
uses of the Lake that.they may have pursuant to the Lakeside Declaration of Restrictions, Covenants
and Conditions dated January 19, 1994, as amended, or under applicable law.
3. Term.
The term of this Agreemem shall expire on January 1,2001. at which time the parties agree
to meet and confer concerning possible continuation of the water usage limits outlined in this
Agreement. In the event that the parties are unable to agree on water usage limits after the expiration
of this Agreement, it is agreed that the parties shall be entitled to any and all legal rights and
remedies that they may have. in law or equity, concerning the usage and withdrawal of water from
the Lake.
4. Entire Agreement
This Agreement contains the entire agreement between Lakeside and the County with respect
to the litigation now pending in Albemarle County Circuit Court, and shall be binding upon and
inure to the benefit of their successors and assigns. In addition, the parties represent that they have
relied upon the advice of their respective attorneys concerning the legal consequences of this
Agreement, that the terms of this Agreement have been completely read .and explained to Lakeside
and County officials, and that the terms of this Agreement are fully understood and voluntarily
accepted and agreed to by Lakeside and the County.
5. Attorneys' Fees and Costs "
Each party shall bear all fees and costs arising fi'orn~the activities of its own attorneys in
connection with all matters referred to herein, including but not limited to the pending litigation, this
Agreement and all other related matters. ·
6. Governing Law
This Agreement shall be construed and interpreted in accordance with the laws of the
Commonwealth of Virginia.
3
7. Additional Documents
The parties agree to fully cooperate and execute any and all supplementary documents and
to take all additional actions as may be necessary or appropriate to give full force and effect to the
terms and intent of this Agreement.
8. Recordation
Either party mav record this Agreement in the Clerk's Office of the Circuit Court for
Albemarle County.
Robert W. Tuc.ker, Jr.
County ExecuUve
Kev~n C ~astne~
Division Superintendent
LAKESIDE ASSOCIATES, LLC
Its: ~.~*~-,~,,~ ~-~, ~
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE:
The foregoing instrument was acknowledged before me this /ff'~day of
(~(~O~)-v~t'- , t998 by Robert W. Tucker. Jr. on behalf of the County of Albemarle,
Virginia.
My commission expires:
Notary Public
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE:
The
foregoing instrument was acknowledged before me this ,~Qff/*( day of
,1998 by Kevin C. Castner on behalf of the Albemarle County School Board.
My commission expires: Ol~/~]t6
Notary Public
COMMONWEALTH OF VIRGINIA
CITY/~OF '~[arl.~4v~'l,l~- ,to-wit:
The foregoing instrument was acknowledged before me this /o~./~ day of
fflc.4~hq.r- . 1998 by Rip Cathcart on behalf of Lakeside Associates II Limited
Partnership and Lakeside Associates, LLC.
My commission expires:
y ~ubqic
COMMONWEALTH OF VIRGINIA
HOUSE OF DELEGATES
RICHMOND
MITCHELL VAN YAHRES
FIFTY-SEVENTH DISTRICT
COMMITTEE ASSIGNMENTS:
AGRICULTURE (CO'CHAIR)
EDUCATION
FINANCE
HEALTH~ WELFARE AND INSTITUTIONS
September ;~4, 1998
The Honorable David R. Gehr, Commissioner
Department of Transportation
1401 East Broad Street
Richmond, Virginia 23219
Dear David:
I am-writing to express my profound concern about the Department's
practice-of placing-communications towers in highway rights-of:way
without seeking the approval' of local governing bodies. I am'especially
disturbed that VDOT is permitting these towers to be used by private
telecommunications companies~,
The Department of Transportation secures highway rights-of-way
through gifts and eminent domain .as well as through purchases, and these
rights-of-way are obtained for the express purpose of building and
maintaining highways, not private communications towers. The public
distrust that many citizens now express regarding VDOT is only
strengthened by the Department's disregard for local zoning ordinances
governing towers. Their frustration may result in fewer citizens offering
land for a right-of-way, or perhaps in more suits being filed to dispute
the prices offered by VDOT in the purchase or condemnation of property.
Landowners may view these actions as the only way to slow the
proliferation of the undesirable towers.
While I:understand that the Department, as ,a state agency., is.exempt
frorn local zoning.regulations, lurge you to develop a policy for working
with planning commissions and boards of supervisors to comply ,with their
The Honorable David R. Gehr
Page two
September 24, 1998
ordinances on the placement of such towers. The rights of citizens to
have a voice in local regulations demands such an approach.
Thank you for your consideration of this important matter. I look
forward to an early response.
Mitchell Van Yahres
MVY/jb
cc: The Honorable Forrest R. Marshall, Jr.,
/
Chair /
Albemarle County Board of Supervisors
Charlotte Y. Humphris
Forr~-t ~. Mar~ha~, Jr.
COUNTY OF ALBEMa~i F
Office of Board of Supervisors
401 Mclntire Road
Charlott~ville, %rn, flinia 229024596
(804) 296-5843 FAX (804) 296-5800
October 14, 1998
Chades S. Martin
Walter E Peri{ins
Sally H. Thomas
Mr. MichaeI Klarman
Ms. Lisa Landsverk
111 Cavalier Drive
Charlottesville, VA 22901
Dear Mr. Klarman and Ms. Landsverk:
On behalf of the Board of Supervisors, please accept our sincere thanks for your recent
donhtion to Greer Elementary School. These funds will be used to help enhance the quality of
education provided to students in our school system. Again, thank you.
Sincere. ly,
Forrest R. Marshall, Jr.
Chairman
FRM,Jr./ewc
cc: Members, Board of Supervisors
Dr. Kevin C. Castner
Printed on recycled paper
David R Bowe~nan
Ch~do~ Y. Humphris
Fomm 1~ M~sh~l, Jr.
COUNTY OF A~ REMA~ !=
Office of Board of Supervisozs
401 Mclnfire Road
(804) 296-5843 FAX (804) 296-5800
October 14, 1998
Charles S. Martin
Walter F. PeflOns
,g~ally H. Thomas
Mr. James M. Cooper, President
The Edgar and Eleanor Shannon Foundation
for Excellence in Public Education
1368 Reas Ford Road
Earlysviile, VA 22936
Dear Mr. Cooper:
On behalf of the Board of Supervisors,.. please accept our'sincere thanks for your recent
donations to the Albemarle County public schools. These funds will be used to help enhance th e
quality of education provided to students in our school system. Again, thank you.
Sincerely,
Forrest R. Marshall, Jr.
Chairman
FRM,Jr./ewc
cc: Members, Board of Supervisors
Dr. Kevin C. Castner
Printed on recycled paper
David P. Bowerman
couNrY OF Al REMAR] _F_
Office of Board of Supervisors
401 Mclntire Road
(804) 296-5843 FAX (804) 296-5800
October 14, 1998
Charles S. Marlin
Walter E Perkins
Sall~ FL Thomas
Ms. Sue Haden, President
Stone Robinson PTO
1555 Elgin Court
Keswick, VA 22947
Dear Ms. Haden:
On behalf of the Board of Supervisors, please accept our sincere thanks for your recent
donation to Stone Robinson Elementary School. These funds will be used to help enhance the
quality of education provided to students in our school system. Again, thank you.
Sincerely,
Forrest R. Marshall, Jr.
Chairman
FRM,Jr./ewc
cc: Members, Board of Supervisors
Dr. Kevin C. Castner
Printed on recycled paper