HomeMy WebLinkAbout1994-07-20
Room 7,
7:00 P.H.
20, 1994
Offioe
1) Call to Order.
2) of
3) Moment of Silence.
4) Other Matters Not Listed on the from the PUBLXC.
5) (on next sheet) .
6) SP-94-09. Mt. Carmel Church. Publio on a to construct
addition of hall on 2.0 acs znd RA [10.2.2(35)]. Located
on W side of Rt 810 a mile N of TM14,PB. White
Hall Dist. (This site is not located in a growth area.)
7) ZMA-94-08. Covenant Church. Public 0 rezone 0.611
ac from 631 approx
300 ft E of Southern recommended
for low residential Plan.
Rivanna Dist.
8) SP-94-15. UVA Credit Union. Publio for 5-window
drive through on 4.1 ac zoned H Located in NE
corner of inters of Berkmar Dr & woodbrook Dr. TM45,P109(part}.
Dist. site is recommended for
Service in Neighborhood 1.)
9} SP-94-16. Health Services Foundation. Public on a for
offices on 5.8 ac zoned R-15. Located in corner of
Timberwood Blvd & Worth TM46B4,P7. Rivanna Dist. (This
site is recommended for Medium Residential [4.01-10 dwelling
units per in the Community of )
10) Other Matters Not Listed on the Agenda from BOARD.
11) Adjourn.
CONSENT
AGENDA
5.1 Authorize Chairman to
with VDoT.
Berkmar Drive North Extension Revenue
5.2 Set
areas,
Milton
5.2a Resoluti
Secondar
5.2b Resolution to
Secondary
for
and
t 17, 1994, to
Article II,
from running at
ions.
amend the County Code in
, Section 4-19, In certain
in Shadwell Estates and
Subdi
roads in Mill Creek Section 6 into the State
Highways.
roads in Forest Lakes Phase II into the State
Highways.
5 . 3 Copy of
Commission minutes for June 21, 1994.
5.4 Letter
of
5, 1994, from David R. Gehr,
, re: addition of Riverrun Drive (Route 1175) and Fox
1176) in Riverrun Subdivision into the State
effective July 5, 1994.
5.5
of letter dated July
to
Parcels - Section
Wright Estate}.
6, 1994, from Amelia G. McCulley,
re: Official Determination of of
Tax Map 9, Parcel 14 of Nathan C.
5.6
13, 1994, from J. S.
addressed to The
at the July 6, 1994, Board
Department
Perkins, re:
meeting.
t' ?
David P. Bowerman
Charlottesví1!e
Charles S. Martin
Rivanna
Charlotte Y. Humphris
Jack Jouett
Office of Board of
401 McIntire Road
CharlottesvìJ!e, 22902·4596
(804) 296·5843 FAX (804) 972-4060
Walter F. Perkins
WhiteHa.1I
Forrest R. Marshall. Jr.
ScoHsvi1!e
Sally H. Thomas
Samuel MiUf>1
MEMORANDUM
TO:
Robert W. Tuoker, Jr., County Executive
V. Wayne Cilimberg, Director of Planning
and Community Development
FROM:
Ella W. Carey, Clerk
DATE:
2~, ~994
SUBJECT:
Board Actions of July 20, 1994
At the Board of Supervisors' meeting held on July 20, 1994, the follow-
ing actions were taken:
Agenda Item No.1.
p.m., by the Vice-Chair.
Call to Order. Meeting was called to order at 7:00
(Note: Mr. Perkins was absent.)
Agenda Item No.4. Other Matters Not Listed on the Agenda from the
PUBLIC. There were none.
Agenda Item No. 5.1. Authorize Chairman to sign Berkmar Drive North
Extension Revenue Sharing Agreement with VDoT. Mrs. Humphris noted a typo on
page 2, Item #4; the language should read "within" the right-of-way...
AUTHORIZED Chairman to sign agreement.
Agenda Item No. 5.2. Set public hearing for August 17, 1994, to amend
the County Code in Chapter 4, Animals and Fowl, Article II, Dogs, Section 4-
19, In certain areas, to prohibit dogs from running at large in Shadwell
Estates and Milton Heights subdivisions. PUBLIC HEARING SET for August 17,
1994, at 7:00 p.m.
Agenda Item No. 5.2a. Resolution to accept roads in Mill Creek section 6
into the State Secondary System of Highways. ADOPTED resolution.
Agenda Item No. 5.2b. Resolution to accept roads in Forest Lakes Phase
II into the State Secondary System of Highways ADOPTED resolution.
Printed on
paper
Memo To:
Robert W. Tucker, Jr.
v. Wayne Cilimberg
July 21, 1994
Date:
Page 2
Agenda Item No. 5.6. Letter dated July 13, 1994, from J. S. Hodge, Chief
Engineer, Department of Transportation, addressed to The Honorable Walter F.
Perkins, re: questions raised at the July 6, 1994, Board of Supervisors
meeting. MOVED to August 3 for discussion.
Agenda Item No.6. SP-94-09. Mt. Carmel Church. Publio Hearing on a
request to construct addition of friendship hall on 2.0 acs znd RA
[10.2.2(35)]. Located on W side of Rt 810 about a mile N of Mountfair.
TM14,PB. White Hall Dist. APPROVED SP-94-09 subject to the following
conditions recommended by the Planning Commission:
1. Church expansion limited to not more than 1,800 square feet;
2. Usage of church to be limited to worship and related services only. Use
of the church for non-congregational activities such as day care, youth
groups, food services, and the like, shall warrant amendment of this
special use permit.
(5/0 vote.)
The Board requested the County Attorney to look at how the Zoning
Ordinance applies to churches and additions to churches as a by-right use and
as a special use permit request.
Agenda Item No.7. ZMA-94-08. Covenant Church. Public Hearing on a
request to rezone 0.611 ac from R-4 to C-1 (proffered). Located on N sd of Rt
631 approx 300 ft E of Southern Railway. TM61,P1S4C(part). Site recommended
for low density residential (1-4 du/ac) in Comprehensive Plan. Rivanna Dist.
APPROVED ZMA-94-08 as proffered in letter dated May 23, 1994, to William
D. Fritz, Senior Planner, County of Albemarle, from Harold L. Bare, Sr.,
Pastor, Covenant Church, as follows: "The church proffers that uses of the
property being requested for rezoning shall be similar to those submitted for
ZMA-90-28. That is, uses shall be restricted to those uses listed under
Section 23.2.1, items 4, 7, 8 and those uses listed under Section 23.2.2."
(4/0 vote; Mr. Martin voted nay.)
Agenda Item No.8. SP-94-15. UVA Credit Union. Public Hearing on a
request for 5-window drive through on 4.1 ac zoned HC (proffered) & EC.
Located in NE corner of inters of Berkmar Dr & Woodbrook Dr. TM4S,P109(part).
Charlottesville Dist. APPROVED SP-94-1S subject to the following conditions
recommended by the Planning Commission:
1. provision of a bypass lane connecting the drive-through lanes to the
parking areas;
2. Development shall be in general accord with the sketch included as
Attachment C (attached) and initialed WDF 6/9/94 except as modified by
condition one.
(5/0 vote)
Memo To:
Robert W. Tucker, Jr.
V. Wayne Cilimberg
July 21, 1994
Date:
Page 3
Agenda Item No.9. SP-94-16. Health Services Foundation. Public
Hearing on a request for professional offices on 5.8 ac zoned R-15. Located
in SE corner of Timberwood Blvd & Worth Crossing. TM46B4,P7. Rivanna Dist.
(This site is recommended for Medium Density Residential [4.01-10 dwelling
units per acre] in the Community of Hollymead.) APPROVED SP-94-6 subject to
the following conditions recommended by the Planning Commission:
1. Compliance with the provisions of Section 21.0¡
2. Provision of landscaping adjacent to Timberwood Boulevard consistent with
that provided on Timberwood Boulevard in the developed commercial area¡
3. provision of vegetative screening designed to minimize visibility of the
site from the Arbor Lake Townhomes¡
4. provision of a walkway to connect the existing walkways adjacent to the
lake to the shopping area.
(4/0/1 vote¡ Mr. Bowerman abstained.)
Agenda Item No. 10. Other Matters Not Listed on the Agenda from the
BOARD.
Staff to coordinate rescheduling the joint meeting with the Planning
Commission, from August 3, to the evening of August 24 or August 31.
Staff to provide a summary of activities of the Steering Committee for
economic development at the August 3rd Board meeting.
Agenda Item No. 11. Adjourn. The meeting was adjourned at 8:41 p.m.
EWC:mms
Attachments
cc: Richard E. Huff, II
Roxanne White
Amelia McCulley
Jo Higgins
Bruce Woodzell
Larry W. Davis
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STATE AND LOCAL GOVERNMENT CONFLICT OF INTERESTS ACT
'IRANSACTIONAL DISCLOSURE STATEMENT
for Officers and Employees of
Local Government [Section 2.1-639.l4(E)]
1.
Name: .. b AVI ()
f.
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2.
Title:
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3. Agency: 'A '-8éI"tM.. & Gt;Ju;4"'f D.4~/J ~ S"u.'/:,f.v IS"A.f
4. Transactioo: A.rï~·'2.A>no..... hJ.t 8é.(Jc:^AA O/tIVi: f'Jo¡t....J t)cTe..... s,...... fht/lI:I""¡'<l<iT
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5. Nature of Personal Interest Affected by Transaction:
(J-,..6,tff.l" ~r 1 .4/éAí'f &:11'" 6éJl. (,...,4¡( ~¡(, ui:.
6. 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:
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19nature
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COUNTY OF ALBEMARLE
[L[uu[oo ®w uOO£~~~01J1J£[b
Department of En<;jineering
401 McI ntJre Road
Charlottesville, Vlrgirlla 22901-4596
(804) 296SSb 1
O.a.T[
J08 NO
TO
£P.la- ~
GENTLEMEN:
WE ARE SENDING YOU 'I.. Attached U Under separate cover via
o Shop drawings
o Copy of letter
[1 Prints
[1 Change order
[1 Plans
[1 Samples
the followin¡ items:
o Specifications
[J
COPIES
DATE
"'0.
THESE ARE TRANSMITTED as checked below:
0 For approval [1 Approved as submitted
0 For your use Approved as noted
0 As requested ~J Returned for corrections
0 For review and comment [J
c;J FOR BIDS DUE 19
o Resubmit_copies for approval
o Submit_copies for distribution
o Return_corrected prints
[1 PRINTS RETURNED AFTER LOAN TO US
REMARKS
uLrx '
arrcw..k£ ~
fhlL~ »0 ¥00T
1:. ~~
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COpy TO
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SIGNED: VO ~
If enclo.ure. ere not e. noted: ",ndl, not", u. et once.
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County/State Agreement
Berkmar Drive Extension
Project # 1403-002-249, M501
Albemarle County
July
THIS AGREEMENT is made and entered into this 20th day of August, 1994, by and
between the COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION
(hereinafter referred to as the "Department") and THE BOARD OF COUNTY SUPERVISORS OF
ALBEMARLE COUNTY, VIRGINIA (hereinafter referred to as the "County").
WHEREAS, the County, by Resolution dated 5 January, 1994, has requested that the
Department establish a project for the construction of Berkmar Drive extension, and that Albemarle
County general funds and state matching funds, pursuant to Section 33.1-75.1 of the Code of
Virginia, (hereinafter referred to as the "Revenue Sharing Fund"), be utilized in this project's
financing; and
WHEREAS, pursuant to Section 33.1-75.1 of the Code of Virginia, Albemarle County's
general funds ($412,000) and state matching funds ($412,000) have been designated for this
construction in the approved Fiscal Year 1994-95 Revenue Sharing Program for Albemarle County;
and
WHEREAS, pursuant to subsection B of Section 33.1-75.1 of the Code of Virginia, both
parties have concurred in the County's general administration of the design and construction of this
improvement; and
WHEREAS, both parties wish to determine the manner of performing the work, the timing
of the work to be performed, and the responsibility of each party;
NOW, THEREFORE, for and in consideration of mutual covenants herein specified to be
kept and performed, it is agreed by the parties hereto as follows:
A. The project is defined as the construction of an extension of Berkmar Drive from
Route 1417 to 0.40 mile North of Rte 1417. The project shall include grading,
draining, and construction of a 40 foot wide section of roadway, relocation of guard
rail, seeding and other related activities necessary to construct the road to the
appropriate standards as shown on the approved plans. This improvement shall be
designated as Project Number 1403-002- 249, M501.
B. The County shall:
1. Arrange for any necessary survey and design of the project in accordance
with the Department's Minimum Plan Concept. In the event such survey
and/or design necessitates the services of personnel other than employees of
the County, the selection of such services shall be administered ineaccordance with applicable provisions of the Virginia Public Procurement
f
Act. All necessary costs involved with such preliminary engineering shall
be considered a part of eligible project costs. Cost estimates, and related
contract documents shall be presented to the Department for approval prior
to commencement of project construction. Plans and specifications, if
required, shall be presented to the Department for approval prior to
commencement of project construction. These plans and specifications shall
specifically identify the contract items and the estimated quantity of each
such item. Any such item(s) not eligible for fmancing from the Revenue
Sharing Fund shall be so designated on the plans.
2. Prescribe that all items of work and material for this project's construction
will be in compliance with applicable Department standards and
specifications.
3. Prepare any required environmental documents and secure any applicable
permits necessary for this project's construction.
4. Prior to commencement of construction on any portion of this project within
the right-of-way ofroad(s) currently a part of the state maintained system of
highways, secure a highway permit from the Department for such work.
5. Secure all right-of-way necessary for the project's construction in accordance
with approved plans, including any required slope and drainage easements,
in a manner satisfactory to the Department. The County shall administer the
acquisition of such right-of-way in conformance with applicable VDOT
requirements. The costs incurred in the acquisition of this right-of-way shall
be considered a part of eligible project costs.
6. In accordance with the plans, specifications and related documents approved
pursuant to paragraph C(3), construct the project with County forces or
administer the project by letting it to contract through the County's
competitive bidding procedures in accordance with the Virginia
Procurement Act. No contractor currently disqualified from bidding on
contracts with the Department because of collusion or any matter relating to
violation of State or Federal Anti-Trust Law may participate, either as a
prime contractor, subcontractor, or supplier, in any part of this project's
construction.
7. Be responsible for the appropriate inspection and testing of the project's
construction to assure compliance with the Department's standards and
specifications. The cost of such inspection shall be an eligible project
expense.
8. Make the project available for review by the Department personnel during
its construction; make final inspection jointly with the Department upon
completion of the project's construction; and obtain the Department's
concurrence in the project's acceptance.
9. Maintain accurate records of all project costs in a form satisfactory to the
Department and make such records available for review and financial audit
by the Department upon request.
10. Provide a total of $412,000 of County funds to finance eligible project
expenses, which shall be qualified for $412,000 of State matching funds to
..
finance eligible project expenses in accordance with the approved Revenue
Sharing Program for Albemarle County and pursuant to Section 33.1-75.1 of
the Code of Vir~inia. Eligible and ineligible project expenses include costs
associated with any claim that may arise during the construction phase that
the Commissioner or Department or court of competent jurisdiction may
decide is due.
11. Provide from County funds for the financing of any ineligible project costs
and all eligible project costs in excess of $824,000.
12. Present the Department with proper certification of all costs incurred and
paid and billing for its share (not to exceed the lesser of$412,000 or 50%) of
the total actual cost incurred in the design and construction of the project's
eligible items, as herein prescribed, upon acceptance of the project pursuant
to paragraphs B (8) and C (6) and (7). Monthly progress billings may be
submitted prior to final acceptance once the County's $412,000 share has
been expended. Such billings shall be payable by the Department within 30
days of receipt, in accordance with paragraph C (7).
C. The Department shall:
1. Provide the County all design and cost estimate data currently available
relative to this project.
2. Upon request, provide to the County an up-to-date list of the Contractors
disqualified by the Department.
3. Review the plans and specifications, if required, and related contract
documents presented by the county pursuant to paragraph B (1), and
approve them with whatever modifications, if any, it deems appropriate.
4. Upon application by the County, pursuant to paragraph B (4), issue a permit
for this project's construction. This permit shall be in accordance with
applicable provisions of the Department's current "Land Use Permit
Manual", "Road Design and Standards Manual", and "Road and Bridge
Specifications", which are incorporated into this Agreement by reference.
No fee or bond will be required in the issuance of this permit.
5. Arrange for the adjustment of any utilities in conflict with the project's
construction. Administration of such utility adjustment shall be in
conformance with applicable VDOT requirements. Costs of such
adjustments that are determined eligible for financing from funds
administered by the Department, may be considered a part of eligible project
costs.
6. Make a final inspection with the County upon completion of the project's
construction, and if approved, concur in the project's acceptance.
7. Upon acceptance of the project and receipt of County's invoices, pursuant to
the provisions of paragraph B (12), reimburse the County in an amount not
to exceed 50% of the actual cost of eligible items. However, in no case shall
the total of such reimbursement, including progress payments, exceed
$412,000. All eligible costs in excess of $824,000 and any ineligible project
.
. .
..
costs shall be borne solely by the County pursuant to the provisions of
paragraph B (11). Any such progress payment or reimbursement shall be
payable by the Department within 30 days of submission by the County.
8. Administer any claim that might be filed in confonnance with applicable
specifications and statutes.
D. This project may be tenninated by either party upon at least 90 days prior written
notice. All eligible costs incurred up to the date of tennination shall be considered a
part of the project costs, and these costs shall be shared in accordance with
paragraph C (7).
E. Both parties pledge to make every effort to ensure commencement of this project's
construction at the earliest possible date.
THIS AGREEMENT, when properly executed, shall be binding upon both parties, their
successors, and assigns.
THIS AGREEMENT may be modified in writing by mutual agreement of both parties.
IN WITNESS WHEREOF, each party hereto has caused this Agreement to be executed in
duplicate in its name and on behalf of its duly authorized officer as of the day, month, and year first
herein written.
ATTEST:
~¿.~
f't-et!.. 5a~ S~4/
Title
COMMONWEAL TH OF VIRGINIA
DEPàTMENT OF TRANSPORTATION
~ oJ)TÇ C;;~
Commissioner
BY:
COUNTY OF ALBEMARLE
ù {!äß¿-
Clerk to the Board
BY: (!Jadl1);;J 0 /~Pk:...
() I it. - Chainnan I
ATTEST:
I
...
County/State Agreement
Berkmar Drive Extension
Project # 1403-002-249, M501
Albemarle County
July
THIS AGREEMENT is made and entered into this 20th day of August, 1994, by and
between the COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION
(hereinafter referred to as the "Department") and THE BOARD OF COUNTY SUPERVISORS OF
ALBEMARLE COUNTY, VIRGINIA (hereinafter referred to as the "County").
WHEREAS, the County, by Resolution dated 5 January, 1994, has requested that the
Department establish a project for the construction of Berkmar Drive extension, and that Albemarle
County general funds and state matching funds, pursuant to Section 33.1-75.1 of the Code of
Virginia, (hereinafter referred to as the "Revenue Sharing Fund"), be utilized in this project's
financing; and
WHEREAS, pursuant to Section 33.1-75.1 of the Code of Virginia, Albemarle County's
general funds ($412,000) and state matching funds ($412,000) have been designated for this
construction in the approved Fiscal Year 1994-95 Revenue Sharing Program for Albemarle County;
and
WHEREAS, pursuant to subsection B of Section 33.1-75.1 of the Code of Virginia, both
parties have concurred in the County's general administration of the design and construction of this
improvement; and
WHEREAS, both parties wish to determine the manner of performing the work, the timing
of the work to be performed, and the responsibility of each party;
NOW, THEREFORE, for and in consideration of mutual covenants herein specified to be
kept and performed, it is agreed by the parties hereto as follows:
A. The project is defined as the construction of an extension of Berkmar Drive from
Route 1417 to 0.40 mile North of Rte 1417. The project shall include grading,
draining, and construction of a 40 foot wide section of roadway, relocation of guard
rail, seeding and other related activities necessary to construct the road to the
appropriate standards as shown on the approved plans. This improvement shall be
designated as Project Number 1403-002- 249, M501.
B. The County shall:
1. Arrange for any necessary survey and design of the project in accordance
with the Department's Minimum Plan Concept. In the event such survey
and/or design necessitates the services of personnel other than employees of
the County, the selection of such services shall be administered in
accordance with applicable provisions of the Virginia Public Procurement
.'
Act. All necessary costs involved with such preliminary engineering shall
be considered a part of eligible project costs. Cost estimates, and related
contract documents shall be presented to the Department for approval prior
to commencement of project construction. Plans and specifications, if
required, shall be presented to the Department for approval prior to
commencement of project construction. These plans and specifications shall
specifically identify the contract items and the estimated quantity of each
such item. Any such item(s) not eligible for financing from the Revenue
Sharing Fund shall be so designated on the plans.
2. Prescribe that all items of work and material for this project's construction
will be in compliance with applicable Department standards and
specifications.
3. Prepare any required environmental documents and secure any applicable
permits necessary for this project's construction.
4. Prior to commencement of construction on any portion of this project within
the right-of-way ofroad(s) currently a part of the state maintained system of
highways, secure a highway permit from the Department for such work.
5. Secure all right-of-way necessary for the project's construction in accordance
with approved plans, including any required slope and drainage easements,
in a manner satisfactory to the Department. The County shall administer the
acquisition of such right-of-way in conformance with applicable VDOT
requirements. The costs incurred in the acquisition of this right-of-way shall
be considered a part of eligible project costs.
6. In accordance with the plans, specifications and related documents approved
pursuant to paragraph C(3), construct the project with County forces or
administer the project by letting it to contract through the County's
competitive bidding procedures in accordance with the Virginia
Procurement Act. No contractor currently disqualified from bidding on
contracts with the Department because of collusion or any matter relating to
violation of State or Federal Anti-Trust Law may participate, either as a
prime contractor, subcontractor, or supplier, in any part of this project's
construction.
7. Be responsible for the appropriate inspection and testing of the project's
construction to assure compliance with the Department's standards and
specifications. The cost of such inspection shall be an eligible project
expense.
8. Make the project available for review by the Department personnel during
its construction; make final inspection jointly with the Department upon
completion of the project's construction; and obtain the Department's
concurrence in the project's acceptance.
9. Maintain accurate records of all project costs in a form satisfactory to the
Department and make such records available for review and financial audit
by the Department upon request.
10. Provide a total of $412,000 of County funds to finance eligible project
expenses, which shall be qualified for $412,000 of State matching funds to
.-
finance eligible project expenses in accordance with the approved Revenue
Sharing Program for Albemarle County and pursuant to Section 33.1-75.1 of
the Code of Viq~inia. Eligible and ineligible project expenses include costs
associated with any claim that may arise during the construction phase that
the Commissioner or Department or court of competent jurisdiction may
decide is due.
11. Provide from County funds for the financing of any ineligible project costs
and all eligible project costs in excess of$824,000.
12. Present the Department with proper certification of all costs incurred and
paid and billing for its share (not to exceed the lesser of$412,000 or 50%) of
the total actual cost incurred in the design and construction of the project's
eligible items, as herein prescribed, upon acceptance of the project pursuant
to paragraphs B (8) and C (6) and (7). Monthly progress billings may be
submitted prior to final acceptance once the County's $412,000 share has
been expended. Such billings shall be payable by the Department within 30
days of receipt, in accordance with paragraph C (7).
C. The Department shall:
1. Provide the County all design and cost estimate data currently available
relative to this project.
2. Upon request, provide to the County an up-to-date list of the Contractors
disqualified by the Department.
3. Review the plans and specifications, if required, and related contract
documents presented by the county pursuant to paragraph B (1 ), and
approve them with whatever modifications, if any, it deems appropriate.
4. Upon application by the County, pursuant to paragraph B (4), issue a permit
for this project's construction. This pennit shall be in accordance with
applicable provisions of the Department's current "Land Use Pennit
Manual", "Road Design and Standards Manual", and "Road and Bridge
Specifications", which are incorporated into this Agreement by reference.
No fee or bond will be required in the issuance of this pennit.
5. Arrange for the adjustment of any utilities in conflict with the project's
construction. Administration of such utility adjustment shall be in
confonnance with applicable VDOT requirements. Costs of such
adjustments that are detennined eligible for financing from funds
administered by the Department, may be considered a part of eligible project
costs.
6. Make a final inspection with the County upon completion of the project's
construction, and if approved, concur in the project's acceptance.
7. Upon acceptance of the project and receipt of County's invoices, pursuant to
the provisions of paragraph B (12), reimburse the County in an amount not
to exceed 50% of the actual cost of eligible items. However, in no case shall
the total of such reimbursement, including progress payments, exceed
$412,000. All eligible costs in excess of $824,000 and any ineligible project
costs shall be borne solely by the County pursuant to the provisions of
paragraph B (11). Any such progress payment or reimbursement shall be
payable by the Department within 30 days of submission by the County.
8. Administer any claim that might be filed in conformance with applicable
specifications and statutes.
D. This project may be terminated by either party upon at least 90 days prior written
notice. All eligible costs incurred up to the date of termination shall be considered a
part of the project costs, and these costs shall be shared in accordance with
paragraph C (7).
E. Both parties pledge to make every effort to ensure commencement of this project's
construction at the earliest possible date.
THIS AGREEMENT, when properly executed, shall be binding upon both parties, their
successors, and assigns.
THIS AGREEMENT may be modified in writing by mutual agreement of both parties.
IN WITNESS WHEREOF, each party hereto has caused this Agreement to be executed in
duplicate in its name and on behalf of its duly authorized officer as of the day, month, and year first
herein written.
ATTEST:
COMMONWEALTH OF VIRGINIA
DEPARTMENT OF TRANSPORTATION
BY:
Commissioner
Title
COUNTYOFALBE~E
c) {!¿L{fL-
Clerk to the Board
BY: fYadll'i;J 0 /L..P~
{j I 4. - Chairman I
ATTEST:
COUNTY OF ALBEMARLE
Department of Engineering
401 McIntire Road
Charlottesville, Virginia 22902·4596
(804) 296·5861
"B
16 August 1994
Ms. Angela Tucker
Virginia Department of Transportation
Post Office Box 2013
Charlottesville, Virginia 22902
Re: Berkmar Drive VDOT Project Number #14-3-002-249,M501
Dear Angela:
Enclosed are three original copies of the Revenue Sharing
Agreement for the referenced project. (The previously submitted
agreements were voided.) They have been executed by the Albemarle
County Board of Supervisors. Once the Commissioner has signed,
please return one original copy for our records.
Your help and support on this project have been and will
continue to be greatly appreciated. If you have any questions,
please advise.
Sincerely,
Jo~
Jo Higgins
Director of Engineering
JH/
Enclosure
Copy: Ella Carey, Clerk Board of Supervisors
FAX (804) 972·4060
J"'þ'
COMMONWEALTH of VIRGINIA
DAVID R. GEHR
COMMISSIONER
DEPARTMENT OF TRANSPORTATION
1401 EAST BROAD STREET
RICHMOND. 23219
JAMES S. GIVENS
STATE SECONDARY ROADS ENGINEER
August 5, 1994
County/State Agreement
Project 1403-002-249,M501
Revenue Sharing
Albemarle County
MEMORANDUM
TO: Mr. D. S. Roosevelt
Attached are three originals of the proposed county/state agreement for the above subject. This
document was prepared by the Secondary Roads Division, and is considered a "Standard Revenue
Sharing Agreement."
It appears that the original sent to you last month was retyped. The redraft contained several
typographical errors and omitted a critical item in section C5. I have attached this retyped
document for your information (errors noted in red).
It is recommended this document be executed on behalf of the county and all three copies returned
to this office for execution on the part of the department and proper distribution.
James S. Givens
State Secondary Roads Engineer
by
f¡$~
Attachments
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RECEIVED
AUG 9 1994
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CHARLOTTESVILLE, VA
RESIDENCE OFFICE
TRANSPORTATION FOR THE 21ST CENTURY
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
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AGENDA TITLE:
Berkmar Drive North Extension/RWSA Waterline
AGENDA DATE:
July 20, 1994
ITEM NUMBER:
91, )?":?O(.s,I)
INFORMATION:
ACTION:
SUBJECT/PROPOSAL/REOUEST:
Roads/Revenue Sharing Agreement w/VDOT
CONSENT AGENDA: X
ACTION: X
INFORMATION:
STAFF CONTACT(S):
Mr. Bob Tucker, Ms. Jo Higgins
REVIEWED BY:
ATTACHMENTS: Yes
BACKGROUND:
The Berkmar Drive road design has been approved by VDOT. Bids were opened on May 19, 1994.
The construction contract is to be awarded later this month.
DISCUSSION:
By Resolution on 5 January 1994, the Board requested VDOT draft an agreement for the use of
Revenue Sharing Funds for funding $1,000,000 of the road construction cost. Although we
project $500,000 per year for Revenue Sharing, the actual amount is based upon availability.
At this time, VDOT advised that they can only commit to $412,000. An agreement with VDOT is
necessary in order to finalize the arrangements for administration of this project. The
agreement provides for the reimbursement of eligible cost over $412,000 up to $824,000.
The cost over $824,000 will be funded under the CIP. An appropriation request will be
presented to the Board next month once the final project budget is in place. It had been
anticipated that $300,000 would be appropriated from the Keene Landfill CIP for this purpose.
Since we received such favorable bids, this amount may be less than $200,000.
In order to accomplish this project in conjunction with the RWSA waterline and get the road
in service by early 1995, the project will be administered by the county. The attached
VDOT/County Agreement is required by VDOT to outline the responsibilities for this
undertaking. This agreement has been reviewed by the County Attorney.
RECOMMENDATION:
The Board approve the attached agreement.
BERKMAR.EXE
94.057
County/State Agreement
Berkmar Drive Extension
Project #1403-002-249,M501
Albemarle County
THIS AGREEMENT is made and entered into this ~Ó0\day of
July, 1994, by and between the COMMONWEALTH OF VIRGINIA,
DEPARTMENT OF TRANSPORTATION (hereinafter referred to as the
"Department") and THE BOARD OF COUNTY SUPERVISORS OF ALBEMARLE
COUNTY, VIRGINIA (hereinafter referred to as the "County").
WHEREAS, the County, by Resolution dated 5 January 1994, has
requested that the Department establish a project for the
construction of Berkmar Drive extension, and that Albemarle
County general funds and state matching funds, pursuant to
Section 33.1-75.1 of the Code of Virqinia, (hereinafter referred
to as the "Revenue Sharing Fund"), be utilized in this project's
financing' and
WHEREAS, pursuant to Section 33.1-75.1 of the Code of
Virqinia, Albemarle County's general funds ($412,000) and state
matching funds ($412,000) have been designated for this
construction in the approved Fiscal Year 1994-95 Revenue Sharing
Program for Albemarle County; and
WHEREAS, pursuant to Subsection B of Section 33.1-75.1 of
the Code of Virqinia, both parties have concurred in the County's
general administration of the design and construction of this
improvement; and
WHEREAS, both parties wish to determine the manner of
performing the work, the timing of the work to be performed, and
the responsibility of each party;
NOW, THEREFORE, for and in consideration of mutual covenants
herein specified to be kept and performed, it is agreed by the
parties hereto as follows:
A. The project is defined as the construction of an extension
of Berkmar Drive from Route 1417 to 0.40 mile north of Route
1417. The project shall include grading, draining, and
construction of a 40 foot wide section of roadway,
relocation of guard rail, seeding and other related
activities necessary to construct the road to the
appropriate standards as shown on the approved plans. This
improvement shall be designated as Project Number 1403-002-
249,M501.
B. The County Shall:
1)
Arrange for any necessary survey and design of the
project in accordance with the Department's Minimum
Plan Concept. In the event such survey and/or design
necessitates the services of personnel other than
~
1
employees of the County, the selection of such services
shall be administered in accordance with applicable
provisions of the Virginia Public Procurement Act. All
necessary costs involved with such preliminary
engineering shall be considered a part of eligible
proj ect costs. Cost estimates, and related contract
documents shall be presented to the Department of
approval prior to commencement of project construction.
Plans and specifications, if required, shall be presented
to the Department for approval prior to commencement of
project construction. These plans and specifications
shall specifically identify the contract items and the
estimated quantity of each such item. Any such item(s}
not eligible for financing from the Revenue Sharing Fund
shall be so designated on the plans.
2} Prescribe that all items or work and material for this
project's construction will be in compliance with
applicable Department standards and specifications.
3} Prepare any required environmental documents and secure
any applicable permits necessary for this project' s
construction.
4} Prior to commencement of construction on any portion of
this project within the right-of-way of road(s} currently
a part of the state maintained system of highways, secure
a highway permit from the Department for such work.
5} Secure all right-of-way necessary for the project' s
construction in accordance wi th approved plans, including
any required slope and drainage easements, in a manner
satisfactory to the Department. The County shall
administer the acquisition of such right-of-way in
conformance wi th applicable VDOT requirements. The costs
incurred in the acquisition of this right-of-way shall be
considered a part of eligible project costs.
6} In accordance with the plans, specifications and related
documents approved pursuant to paragraph C(3}, construct
the project with County forces· or administer the project
by letting it to contract through the County's
competi ti ve bidding procedures in accordance with the
Virginia Procurement Act. No contractor currently
disqualified from bidding on contracts with the
Department because of collusion or any matter relating to
violation of State or Federal Anti-Trust Law may
participate, either as a prime contractor, subcontractor,
or supplier, in any part of this project's construction.
2
7) Be responsible for the appropriate inspection and
testing of the project's construction to assure
compliance with the Department's standards and
specifications. The cost of such inspection shall be
an eligible project expense.
8) Make the project available for review by the Department
personnel during its construction; make final
inspection jointly with the Department upon completion
of the project's construction; and obtain the
Department's concurrence in the project's acceptance.
9) Maintain accurate records of all project costs in a
form satisfactory to the Department and make such
records available for review and financial audit by the
Department upon request.
10) Provide a total of $412,000 of County funds to finance
eligible project expenses, which shall be qualified for
$412,000 of State matching funds to finance eligible
project expenses in accordance with the approved
Revenue Sharing Program for Albemarle County and
pursuant to Section 33.1-75.1 of the Code of Virqinia.
Eligible and ineligible project expenses include costs
associated with any claim that may arise during the
construction phase that the Commissioner or Department
or court of competent jurisdiction may decide is due.
11) Provide from County funds for the financing or any
ineligible project costs and all eligible project costs
in excess of $824,000.
12) Present the Department with proper certification of all
costs incurred and paid and bi,lling for its share (not
to exceed the lesser of $412,000 or 50%) of the total
actual cost incurred in the design and construction of
the project's eligible items, as herein prescribed,
upon acceptance of the project pursuant to paragraphs B
(8) and C (6) and (7). Monthly progress billings may
be submitted prior to final acceptance once the
County's $412,000 share has been expended. Such
billings shall be payable by the Department within 30
days of receipt, in accordanca with paragraph C (7).
C. The Department Shall:
1) Provide the County all design and cost estimate data
currently available relative to this project.
2) Upon request, provide to the County an up-to-date list
of the Contractors disqualified by the Department.
3
3) Review the plans and specifications, if required, and
related contract documents presented by the County
pursuant to paragraph B (1), and approve them with
whatever modifications, if any, it deems appropriate.
4) Upon application by the County, pursuant to paragraph B
(4), issue a permit for this project's construction.
This permit shall be in accordance with applicable
provisions of the Department's current "Land Use Permit
Manual", "Road Design and Standards Manual", and "Road
and Bridge Specifications", which are incorporated into
this Agreement by reference. No fee or bond will be
required in the issuance of this permit.
5) Arrange for the adjustment of any utilities in conflict
with the project's construction. Administration of
such utility adjustment shall be in conformance with
applicable VDOT requirements. Costs of such
adjustments are determined eligible project costs.
6) Make a final inspection with the County upon completion
of the project's construction, and if approved, concur
in the project's acceptance.
7) Upon acceptance of the project or progress work and
receipt of County's invoices, pursuant to the
provisions of paragraph B (12), reimburse the County in
an amount not to exceed 50% of the actual cost of
eligible items. However, in no case shall the total of
such reimbursement, including progress payments, exceed
$412,000. All eligible costs in excess of $824,000 and
any ineligible project costs shall be borne solely by
the County pursuant to the provisions of paragraph B
(11). Any such progress payment or reimbursement shall
be payable by the Department within 30 days of
submission by the County.
8) Administer any claim that might be filed in conformance
with applicable specifications and statutes.
D. This project may be terminated by the either party upon at
least 90 days prior written notice. All eligible costs
incurred up to the date of termination shall be considered a
part of the project costs, and these costs shall be shared
in accordance with paragraph C (7)..
E. Both parties pledge to make effort to ensure commencement of
this project's construction at the earliest possible date.
THIS AGREEMENT, when properly executed, shall be binding
upon both parties, their successors, and assigns.
THIS AGREEMENT may be modified in writing by mutual
agreement of both parties.
4
·
IN WITNESS WHEREOF, each party hereto has caused this
Agreement to be executed in duplicate in its name and on behalf
of its duly authorized officer as of the date, month, and year
first herein written.
COMMONWEALTH OF VIRGINIA
DEPARTMENT OF TRANSPORTATION
BY:
Commissioner
ATTEST:
Title
COUNTY OF ALBEMARLE
BY: ~ ~.~
Chairman (JV/d tU~
5
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Berkmar Drive North Extension/RWSA Waterline
AGENDA DATE:
May 4, 1994
ITEM NUMBER:
ACTION:
INFORMATION:
SUBJECT/PROPOSAL/REOUEST:
Roads/Revenue Sharing Agreement w/VDOT
CONSENT AGENDA: X
ACTION: X
INFORMATION:
ATTACHMENTS: Yes
STAFF CONTACT(S):
Mr. Bob Tucker, Ms. Jo Higgins
REVIEWED BY:
BACKGROUND:
The Berkmar Drive road design has been approved by VDOT. The construction was advertised for
bids to be opened on May 19, 1994.
DISCUSSION:
By Resolution on 5 January 1994, the Board requested VDOT draft an agreement for the use of
Revenue Sharing Funds for funding $1,000,000 of the road construction cost. The agreement
provides for the reimbursement of eligible cost over $500,000 up to $1,000,000. The cost over
$1,000,000 will be funded under the CIP. An appropriation request will be presented to the
Board after bid opening with the project cost breakdown to transfer funds from the Keene
Landfill CIP for this purpose.
In order to accomplish this project in conjunction with the RWSA waterline and get the road
in service by early 1995, the project will be administered by the County. The attached
VDOT/County Agreement is required by VDOT to outline the responsibilities for this
undertaking. This agreement has been reviewed by the County Attorney.
RECOMMENDATION:
The Board approve the attached agreement.
BERKMAR.EXE
94.057
~QQ¡ Q
ø
COUNTY OF ALBEMARLE
'lì¡.j'
;h ¡.
MEMORANDUM
TO:
FROM:
DATE:
RE:
David Benish, Melvin Breeden, Larry Davis
Angela Tuc~l!{" "'iDOT
Jo Higgins, ~r of Engineering
12 April 1994
Berkmar Drive North Extension ClP
Attached is the proposed Revenue Sharing Agreement between VDOT and the County.
I have also provided my comments that are primarily for VDOT (Angela) to respond.
Please review this agreement and provide any comments you may have and/or confirm
acceptance. This needs to go to the Board of Supervisors as soon as possible, but in no
event later than the first May Board meeting.
This project is to be bid in late May. 1994.
JH/vlh
Attachment
Copy: Rick Huff
Ella Carey
----------------
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ACHD\ ITIM N9Æ __13~1~~L_~.;j~---------------------
OOFFRRID tNrIL -2jLiiz+-ti-"-J-~L!J.iL-----------
Form. 3
7/25/86
COUNTY OF ALBEMARLE
7 -;¡ c - 91
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91rtJ7/i ð (o-./-ó)
MEMORANDUM
TO:
FROM:
DATE:
RE:
Ella Carey, Board of Supervisors C~~
Peter Parsons, Civil Engineer II ~[ð~(
July 14, 1994
Mill Creek Section 6 (SUB-90-0ll)
Forest Lakes Phase II (SUB-89-l8l)
The roads serving the above referenced subdivisions are
substantially complete and ready for VDOT acceptance
inspections. Attached are the completed SR-5(A) for.ms for the
resolutions, which I request be taken to the Board for adoption
at your next opportunity. Once the resolutions have been
adopted, date and sign the SR-5(A) for.ms and please provide me
with the originals and four copies each.
Thanks for your assistance. Please call me if you have any
questions.
PJp/
Attachments
Copy: Reading File
David P Bowennan
Charlottesville
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 McIntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5843 FAX (804) 972-4060
Charles S Martin
Rlv,JnrM
Charlotte Y. Humphris
Jack Jouett
Walter F. Perkins
Whll(> Hall
Forrest R. Marshall, Jr
Scotlsville
Sally H. Thomas
Sdmue MIller
M E M 0 RAN DUM
FROM:
Peter Parsons, Civil Engineer II
Department of Engineering
Ella W. Carey, Clerk é1Ju
July 21, 1994
TO:
DATE:
SUBJECT:
Resolutions to accept roads into the State Secondary
System of Highways
At its meeting on July 20, 1994, the Board of Supervisors
adopted the following resolutions:
Resolution to accept roads In Mill Creek Section 6 into
the State Secondary System of Highways.
Resolution to accept roads in Forest Lakes Phase II
into the State Secondary System of Highways.
Attached are the original and four copies of the resolution.
EWC:mms
Attachments
*
Printed on recycled paper
CRAIG BUILDERS
OF ALBEMARLE, INC.
May 4, 1994
Ms. Ella Carey
County of Albemarle
Clerk of the Board of Supervisors
401 Mcintire Road
Charlottesville, Virginia 22902
re: Mill Creek South Sections 6A & 6B Road Acceptance
Dear Ms. Carey,
Craig Builders of Albemarle, Inc. hereby requests the County of Albemarle to
prepare and adopt a resolution for the Virginia Department of Transportation to accept
the roads in Mill Creek South sections 6A and 6B into their system. The roads in Mill
Creek South sections 6A and 6B are: Stoney Creek Drive, Arrowwood Drive,
Whispering Oaks Drive, Sagewood Drive, Copper Hill Drive and Bent Tree Court.
If you have any questions or need additional information, please call me at 973-
3362.
Thank you.
Sincerely,
~
Hunter Craig
;'"-~ ~- .-<, L~ r" f ..0'-"
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338 West Rio Road · Post Office Box 6156 · Charlottesville, Virginia 22906-6156 · (804) 973-3362
-.. . ,.
David P. Bowerman
Char!ottesville
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 McIntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5843 FAX (804) 9724060
Charles S. Martin
Rlvdnrkl
Charlotte Y. Humphris
Jack Jouett
Walter F. Perkins
Whll(,Hi111
Forrest R. Marshall, Jr.
ScoftsVlHe
Sally H. Thomas
Sdmuel Mill,>r
January 7, 1994
Mr. Stephen N. Runkle
The Kessler Group
PO Box 5207
Chalottesville, VA 22905
Dear Mr. Runkle:
Your request to have Lanford Hills section in Forest Lakes
Subdivision taken into the State Secondary System of Highways was
received and has now been referred to the County Engineer. When
she has certified that all work has been completed in accordance
with approved plans, this request will be placed before the Board
of Supervisors for adoption of the necessary resolution.
Please be advised that Lettie E. Neher is no longer Clerk to
the Board. The Clerk is Ella W. Carey and all correspondence can
be set to her at the same address. Thank you.
EWC:mms
Sincerely,
~&. 0Jey4~r
cc: Jo Higgins, County Engineer
*
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BOARD OF SUPERVISORS
THE
KESSLER
GROUP
Stephen N Runkle
President
January 5, 1994
Ms. Lettie E. Neher
Board of Supervisors Clerk
County of Albemarle
401 McIntire Rd.
Charlottesville, virginia
22901
Re: Forest Lakes, Lanford Hills section
Dear Ms. Neher:
On behalf of Forest Lakes Associates, I am hereby requesting
adoption of a resolution, by the Board, for the above referenced
road in Forest Lakes to be accepted into the State system as soon
as possible.
If I can be of further assistance, please feel free to call me
or Myrna Ford at (804) 979-9500.
~IÎ~
cc: Peter Parsons
po. Box 5207. Charlottesville. Va. 22905 \~;o4\ 979-9500 FAX [\;0. 29ö·!öl4
.... ,.
Edward H. Bain, Jr
Samuel Miller
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mcintire Road
Charlottesville, Virginia 22902-4596
(804) 296-5843 FAX (804) 972-4060
Forrest R Marshall. Jr
Scottsvil1e
David p, Bowerman
Charlottesville
Charles S Martm
R,vðnnð
Charlotte Y Humphris
J?,lCk Jouett
Walter F Perkins
White Hall
~ctober 18, 1993
Mr. Stephen N. Runkle
The Kessler Group
PO Box 5207
Chalottesville, VA 22905
Dear Mr. Runkle:
Your request to have Forest Lakes, Lanford Hills, Cross
Timbers Road, Sections E, F, G, H, I, J, K, L, M, Nand 0 in
Forest Lakes Subdivision taken into the State Secondary System of
Highways was received and has now been referred to the County
Engineer. When she has certified that all work has been
completed in accordance with approved plans, this request will be
placed before the Board of Supervisors for adoption of the
necessary resolution.
EWC:mms
Sincerely,
("I. ((ì'
: II. f) A LÙ (/M(¡;~
ill/Vi':' Carey, CleU
cc: Jo Higgins, County Engineer
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THE
KESSLER
GROUP
October 15, 1993
ì
O OF SUPER\I\SQRS
BOAR
Stephen N Runkle
President
Ms. Lettie E. Neher
Board of Supervisors Clerk
County of Albemarle
401 McIntire Road
Charlottesville, VA 22901
RE: Forest Lakes, Lanford Hills, Cross Timbers Road,
Sections E, F, G, H, I, J, K, L, M, N & 0
Dear Ms. Neher:
On behalf of Forest Lakes Associates, I am hereby requesting a final acceptance
inspection of the above referenced roads in Forest Lakes for acceptance into the State
System.
If I can be of further assistance, please feel free to contact me.
Sincerely,
s~íL?J~
Stephen N. Runkle
PO Box 5207, Charlottesville, Va. 22905 \8lì4' 979-9500 FAX No 296-1614
~
The Board of County Supervisors of Albemarle County, Virgin-
ia, in regular meeting on the 20th day of July, 1994, adopted the
following resolution:
RES 0 L UTI 0 N
WHEREAS, the streets in Mill Creek section 6 described on
the attached Additions Form SR-5(A) dated July 20, 1994, fully
incorporated herein by reference, are shown on plats recorded in
the Clerk's Office of the Circuit Court of Albemarle County,
Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department
of Transportation has advised the Board that the streets meet the
requirements established by the Subdivision Street Requirements
of the Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of
County Supervisors requests the Virginia Department of Transpor-
tation to add the roads in Mill Creek section 6 as described on
the attached Additions Form SR-5(A) dated July 20, 1994, to the
secondary system of state highways, pursuant to §33.1-229, Code
of Virginia, and the Department's Subdivision Street Require-
ments; and
BE IT FURTHER RESOLVED, that the Board guarantees a clear
and unrestricted right-of-way, as described, and any necessary
easements for cuts, fills and drainage as described on the
recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution be
forwarded to the Resident Engineer for the Virginia Department of
Transportation.
* * * * *
Recorded vote:
Moved by: Mrs. Thomas.
Seconded by: Mr. Bowerman.
Yeas: Mr. Bowerman, Mrs. Humphris, Mr. Marshall, Mr. Martin
and Mrs. Thomas.
Nays: None.
Absent: Mr. Perkins.
A Copy Teste:
CMC
Resolution No. 94.0720(8)
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The roads described on Additions Form SR-5(A) are:
1) stoney Creek Drive from station 28+40 0.44 mi. to
station 51+87, recorded 7/2/91 in Deed Book 1163, pages
522-533, with a 50 foot right-of-way, total length,
0.44 mi. other right-of-way and easement plats in Deed
Book 1202, pages 82-91; deed book 1414, pages 600-609;
deed book 1237, pages 711-713; deed book 1373, pages
387-390;
2) Cooper Hill Drive from edge of pavement of stoney Creek
Drive 0.11 mi. to end of cul-de-sac, recorded 7/2/91 in
Deed Book 1163, pages 522-533, with a 50 foot right-of-
way, total length, 0.11 mi.
3) Bent Tree Court from edge of pavement of Cooper Hill
Drive 0.07 mi. to end of cul-de-sac, recorded 7/2/91 in
Deed Book 1163, pages 522-533, with a 50 foot right-of-
way, total length 0.07 mi. other drainage easements in
Deed Book 1226, pages 481-483;
4) Whispering Oaks Drive from edge of pavement of stoney
Creek Drive 0.16 mi. to end of cUl-de-sac, recorded
2/3/92 in Deed Book 1202, pages 82-91, with a 50 foot
right-of-way, total length 0.16 mi;
5) Arrow Wood Drive from edge of pavement of stoney Creek
drive 0.28 mi. to edge of pavement of Whispering Oaks
Drive, recorded 2/3/92 in Deed Book 1202, pages 82-91,
with a 50 foot right-of-way, total length 0.28 mi.
Other drainage easement in Deed Book 1332, pages 279-
283;
6) sagewood Drive from edge of pavement of Whispering Oaks
Drive 0.08 mi. to end of cUl-de-sac, recorded 2/3/92 in
Deed Book 1202, pages 82-91, with a 50 foot right-of-
way, total length 0.08 mi. Other drainage easement in
Deed Book 1242, pages 1-3.
Total mileage 1.14.
The Board of County Supervisors of Albemarle County, Virgin-
ia, in regular meeting on the 20th day of July, 1994, adopted the
following resolution:
RES 0 L UTI 0 N
WHEREAS, the streets in Forest Lakes Phase II described on
the attached Additions Form SR-S(A) dated July 20, 1994, fully
incorporated herein by reference, are shown on plats recorded in
the Clerk's Office of the Circuit Court of Albemarle County,
Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department
of Transportation has advised the Board that the streets meet the
requirements established by the SUbdivision Street Requirements
of the Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of
County Supervisors requests the Virginia Department of Transpor-
tation to add the roads in Forest Lakes Phase II as described on
the attached Additions Form SR-S(A) dated July 20, 1994, to the
secondary system of state highways, pursuant to §33.1-229, Code
of Virginia, and the Department's SUbdivision Street Require-
ments; and
BE IT FURTHER RESOLVED, that the Board guarantees a clear
and unrestricted right-of-way, as described, and any necessary
easements for cuts, fills and drainage as described on the
recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution be
forwarded to the Resident Engineer for the Virginia Department of
Transportation.
* * * * *
Recorded vote:
Moved by: Mrs. Thomas.
Seconded by: Mr. Bowerman.
Yeas: Mr. Bowerman, Mrs. Humphris, Mr. Marshall, Mr. Martin
and Mrs. Thomas.
Nays: None.
Absent: Mr. Perkins
A Copy Teste:
k, CMC
Resolution No. 94.0720(9)
-L- of -L.
Attachment
Proposed Additions to the Secondar
Resdulloo 0
Dated:
InstnJment
Surety
ADDITIONS FORM SR-S(A
~ Bœrd 01 Supervisors
Attachment to (check ooe ooly)
Name of Subdivision: Fòrest
Form SR-5(A 2/1193)
~cmp
seCONDARY ROADS plY.
Coun
Albemarle
Lakes Phase II
Addltloo Length
Center1lne Miles
MlsceUaneous Not..
R-O-W
Width (It)
0.51mi
Street Additioo Termini
S.R.
R.
of Pavement
Pavement
Recorded Dale: 11-22-89
From: Ed~e
To: Ed~e of
Name 01 Street
Cross Timbers
Road
Rei.
No.
0.51
60
Page: 333- 349
Timbers Road O. 09m
Plat
From: Ed~e of Pavement
To: End of Cul-de-sac
10-14-88
Edgewater Drive
1
0.09
Additional drainage easement
recorded in d.b. 1316, pp. 89-90
50
Deed Book: 1018 Page: 403-416
C:TO~~ Timber doad 0.16m.i
16
O.
50
Page: 663-673
0.05mi
0.05
50
Page: 663-673
0.06mi
Pial Recorded Date:
From: Rilge of
To: End of Cul-de-sac
Plat Recorded Oate10-25-89
From: Ed~e of Pavement
To: End of Cul-de-sac
Plat Recorded Date: 10-25-89 Deed Book: 1072
From: Pavement Malbon Drive
To: Cul-de-sac
2
Deed Book: 10 72
Malbon Drive
Malbon Drive
3
Baron Court
4
0.06
50
Page: 663-673
Road 0.14mj
10-25-89 Deed Book: 1072
Pavement Cross Timbers
14
.
o
50
50
Deed Book: 1071 Page:333-349
Heather Glenn Rd 0.14mi
14
o
Plat Recorded Date:
From: Edge of
To: End of Cul-de-sac
Plat Recorded Oale:11-22-89
From:
To:
Plat
Ed2e of
End of
Becker Lane
5
Edge of Pavement
End of
Heather Glen Road
Locke Lane
1720
S-=. 1720
Deed Book: 1071
Cross
6
Cul-de-sac
Recorded Oate:11-22-89
4
SEE PG.
Total Mileage
333-34~
Page:
1071
necesSAry easements lor cuts, fills, and drainage.
Deed Book:
y
exclusive 01 an
y
wa
ht 01
9
uaranleed width of ri
G
7
Notes,
CERTIFICA TION OF ATTACHMENT
This attachment is certified as a part 01 the document indicated above:
Attachment 2 01 4
- -
Count)
Addition Length
CentlW1lne Miles
0.18
0.09
0.18
0.07
0.03
0.07
0.05
TolaJ Mil9ðge SEE PG. 4
to the Secondar
Dated:
Instrument
ADDITIONS FORM SR·S(A
~ Bœrd 01 Supervisors Resolution 0 Surety
Attachment to (check one only)
Name of Subdivision: Forest
Form SR-5(A 2/1/93)
.ŒfiT
S~CONDARY ROADS DIY.
Albemarle
Lakes Phase II
Miscellaneous Notes
R-O-W
Width (It)
18mi
Street Addition Tennlnl
Cross Timbers Rd O.
50
Deed Book: 1077 Page: 333-349
WhisF r in&.... Woods Dr 0. 09m
50
Page: 333-349
18mi
1077
O.
Cross Timbers Road
Watercrest Drive
50
E.P.
E.P.
necorded Date: 9-5-90 Deed Book: 111~ Paga: 120-138
E.P. Highland Ridge Road 0.07mi
End of Cul-de-sac
50
1077 ~age: 335-349
0.03mi
To:
Plat
From:
To:
Plat"
FrOl'T
To:
Plat ecorded Date: 11-22-89 Deed Book:
--
Fron E.P. Poplar Ridge Road
From: Edge of Pavement
To: End of Cul-de-sac
Plat Recorded Date: 11-22-89
From: Edge of Pavement
Name 01 Street
Whispering Woods
Drive
Ref_
No.
,
End of Cul-de-sac
Recorded Date: 11-22-89 Deed Book:
Lane
Tavernor
Highland Ridge
Road
2
3
Ridge
Poplar
Road
4
50
50
Page: 335-349
0.07mi
Paqe: 120-138
1118
0.05mi
To: End of Cul-de-sac
Plat Recorded Date: 11-22-89 Deed Book: 1077
From: E. P . Highland Ridge Road
To: End of Cul-de-sac
Plat Recorded Date: 9-5-90 Deed Book:
From: E. P . Au tumn Woods Dr.
To:
Plat
Linlier Court
Autumn Woods
Drive
5
6
50
End of Cul-de-sac
Recorded Date: 9-5-90 Deed Book:
Acorn Hill Court
Page: 120-138
1118
Guaranleed widlh 01 right 01 way exclusive or any necessary easements lor cuts, fills, and drainage.
7
Noles:
CERTIFICATION OF ATTACHMENT
This attðchment Is certified as a part 01 the document indlceted above:
~tv
(Name
..L of -L
Attachment
ADDITIONS FORM SR-SeA Proposed Additions to the Secondar
AttlIchment to (check one only) ~ Bœrd 01 Supervisors Resolution 0
Name of Subdivision: Forest Lakes
Dated:
Instrument
Surety
Form SR-5(A 2/1/93)
~
S!CONDARY ROADS DIY.
Coun
Ref. Name of Street Street Addition Termini R-D-W MlaceUMleoua Notes Addition LW1gth
No. Width (It) Centerline Miles
Ridgefield Road From: E.P. Hi~hland Rid2e Road o . lOmi
1 To: End of Cul-de-sac 50 0.10
Plat Recorded Date: 9-5-90 Deed Book: 1118 Page: 120-1 ":\R
Hollifield From: E.P. Rid~efield Road 0.23mi
2 Lane To: End of Cul-de-sac 50
0.23
Plat Recorded Date: 9-5-90 Deed Book: 1118 Page: 120-1 ":\R
winter field From:E _ P ~ Mollifield Lane O.OSmi
3 Circle To: End of Cul-de-sac 50 0.05
Plat Recorded Dateq-'i-qO Deed Book: 1118 Page120-BR
Summerfield Court From: E.P. Hollifield Lane 0.06mi
<4 To: End of Cul-de-sac 50 0.06
Plat Recorded Dale: 9-5-90 Deed Book: 1118 Page: 120-118
Watercrest Drive From: E.P. Cross Timbers Road 0.27mi
5 To: Station 14+15 60 0.27
Plat Recorded Date: 9-5-90 Deed Book: 1118 Page:1 ?0-1 iR
Watercrest Drive From: Station 14+15 O. 11mi
6 To: End of Cul-de-sac 50 0.11
Plat Recorded Date: 9-5-90 Deed Book: 1118 Page: 120-138
Copper Knoll From: E.P. Watercrest Drive 0.16mi
7 Road To: End of Cul-de-sac 50 0.16
Plat Recorded Date: 9-5-90 Deed Book: 1U8 Page: 120-118
_.. . . . 1'",..,...1 UiI£YtnA SEE PC. 4
Albemarle
II
Phase
ry
y
y
g
Guaranteed
Notes.
CERTIFICATION OF ATTACHMENT
This attllchment is certified as a part 01 the document indicated above:
&vlllv
-1L- d --1L-
Attachment
to the Soconda
Dated:
Surety Instrument
ADDITIONS FORM SR-SeA
ij) Bœtd 01 Supervisors Resofution 0
Lakes
Attachment to (check one only)
Name of Subdivision
Form SR-5(A 2/1/93)
~
S~CONDARY ROADS DIV.
Coun
Ref. Name d Street Street Addition Termini A-O-W Miacell8l18OU1I Not. Addition length
No. Width (It) Cenhw1ln. Mil.
Echo Ridge From: E.P. Watercrest Drive 0.07mi
1 Road To: End of Cul-de-sac 50 0.07
Pial Recorded Dale: 9-5-90 Deed Book: 1118 Page: 120-13f
Waterford Way From: E.P. Watercrest Drive 0.05mi
2 To: E.P. Clear SDrin~s Court 50 0.05
Pial Recorded Dal.: 9-5-90 Deed Book: 1118 Page:120 11R
Clear Springs From: End of Cul-de-sac O.lOmi
3 Court To: End of Cul~de-sac 50 0.10
Pial Recorded Dale: 9-5-90 Deed Book: 1118 Page:l 20- l1R
Timber Pointe From: E.P. TimberWoòd Parkway 0.21mi
" Road To: End of Cul-de-sac 50 0.21
Plat Recorded Dale: 5-3-91 Deed Book: 1151 Page: 71 0-716
From:
5 To:
Pial Recorded Dale: Deed Book: Page:
From:
6 To:
Pial Recorded Dale: Deed Book: Page:
From:
7 To:
Pial Recorded Dale: Deed Book: Page:
_u . . . T,..t.1 'AiI_...... 3.'71
Albemarle
II
Phase
Forest
ry
y
y
Guaranteed wIdth of right o'
Notes.
CERTlFICA TlON OF ATTACHMENT
This attðchmenl is certified as a part of the documenl indicated above:
The roads described on Additions Form SR-5{A) are:
1) Cross Timbers Road from edge of pavement of state Route
1720 0.51 mi. to edge of pavement of state Route 1720,
recorded 11/22/89 in Deed Book 1077, pages 333-349,
with a 60 foot right-of-way, total length, 0.51 mi.;
2) Edgewater Drive from edge of pavement of Cross Timbers
Road 0.09 mi. to end of cul-de-sac, recorded 10/14/88
in Deed Book 1018, pages 403-416, with a 50 foot right-
of-way, total length, 0.09 mi.
3) Malbon Drive from edge of pavement of Cross Timbers
Road 0.16 mi. to end of cUl-de-sac, recorded 10/25/89
in Deed Book 1072, pages 663-673, with a 50 foot right-
of-way, total length 0.16 mi. Additional drainage
easement recorded in Deed Book 1316, pages 89-90;
4) Baron Court from edge of pavement of Malbon Drive 0.05
mi. to end of cul-de-sac, recorded 10/25/89 in Deed
Book 1072, pages 663-673, with a 50 foot right-of-way,
total length 0.05 mi;
5) Becker Lane from edge of pavement of Malbon Drive 0.06
mi. to end of cul-de-sac, recorded 10/25/89 in Deed
Book 1072, pages 663-673, with a 50 foot right-of-way,
total length 0.06 mi;
6) Heather Glen Road from edge of pavement of Cross Tim-
bers Road 0.14 mi. to end of cul-de-sac, recorded
11/22/89 in Deed Book 1077, pages 333-349, with a 50
foot right-of-way, total length 0.14 mi;
7) Locke Lane from edge of pavement of Heather Glen Road
0.14 mi. to end of cul-de-sac, recorded 11/22/89 in
Deed Book 1077, pages 333-349, with a 50 foot right-of-
way, total length 0.14 mi;
8) Whispering Woods Drive from edge of pavement of Cross
Timbers Road 0.18 mi. to end of cUl-de-sac, recorded
11/22/89 in Deed Book 1077, pages 333-349, with a 50
foot right-of-way, total length 0.18 mi;
9) Tavernor Lane from edge of pavement of Whispering Woods
Drive 0.09 mi. to end of cul-de-sac, recorded 11/22/89
in Deed Book 1077, pages 333-349, with a 50 foot right-
of-way, total length 0.09 mi;
10) Highland Ridge Road from edge of pavement of Cross
Timbers Road 0.18 mi. to edge of pavement of Watercrest
Drive, recorded 9/5/90 in Deed Book 1118, pages 120-
138, with a 50 foot right-of-way, total length 0.18 mi;
11) Poplar Ridge Road from edge of pavement of Highland
Ridge Road 0.07 mi. to end of cul-de-sac, recorded
11/22/89 in Deed Book 1077, pages 335-349, with a 50
foot right-of-way, total length 0.07 mi¡
12) Linlier Court from edge of pavement of Poplar Ridge
Road 0.03 mi. to end of cul-de-sac, recorded 11/22/89
in Deed Book 1077, pages 335-349, with a 50 foot right-
of-way, total length 0.03 mi¡
13) Autumn Woods Drive from edge of pavement of Highland
Ridge Road 0.07 mi. to end of cul-de-sac, recorded
9/5/90 in Deed Book 1118, pages 120-138, with a 50 foot
right-of-way, total length 0.07 mi¡
14) Acorn Hill Court from edge of pavement of Autumn Woods
Drive 0.05 mi. to end of cUl-de-sac, recorded 9/5/90 in
Deed Book 1118, pages 120-138, with a 50 foot right-of-
way, total length 0.05 mi¡
15) Ridgefield Road from edge of pavement of Highland Ridge
Road 0.10 mi. to end of cul-de-sac, recorded 9/5/90 in
Deed Book 1118, pages 120-138, with a 50 foot right-of-
way, total length 0.10 mi¡
16) Mollifield Lane from edge of pavement of Ridgefield
Road 0.23 mi. to end of cul-de-sac, recorded 9/5/90 in
Deed Book 1118, pages 120-138, with a 50 foot right-of-
way, total length 0.23 mi¡
17) winterfield Circle from edge of pavement of Mollifield
Lane 0.05 mi. to end of cUl-de-sac, recorded 9/5/90 in
Deed Book 1118, pages 120-138, with a 50 foot right-of-
way, total length 0.05 mi¡
18) Summerfield Court from edge of pavement of Mollifield
Lane 0.06 mi. to end of cul-de-sac, recorded 9/5/90 in
Deed Book 1118, pages 120-138, with a 50 foot right-of-
way, total length 0.06 mi¡
19) Watercrest Drive from edge of pavement of Cross Timbers
Road 0.27 mi. to Station 14+15, recorded 9/5/90 in Deed
Book 1118, pages 120-138, with a 60 foot right-of-way,
total length 0.27 mi¡
20) Watercrest Drive from Station 14+15 0.11 mi. to end of
cUl-de-sac, recorded 9/5/90 in Deed Book 1118, pages
120-138, with a 50 foot right-of-way, total length 0.11
mi¡
21) Copper Knoll Road from edge of pavement of Watercrest
Drive 0.16 mi. to end of cul-de-sac, recorded 9/5/90 in
Deed Book 1118, pages 120-138, with a 50 foot right-of-
way, total length 0.16 mi¡
22) Echo Ridge Road from edge of pavement of Watercrest
Drive 0.07 mi. to end of cul-de-sac, recorded 9/5/90 in
Deed Book 1118, pages 120-138, with a 50 foot right-of-
way, total length 0.07 mi¡
23) Water ford Way from edge of pavement of Watercrest Drive
0.05 mi. to edge of pavement of Clear Springs Court,
recorded 9/5/90 in Deed Book 1118, pages 120-138, with
a 50 foot right-of-way, total length 0.05 mi¡
24) Clear Springs Court from end of cul-de-sac 0.10 mi. to
end of cUl-de-sac, recorded 9/5/90 in Deed Book 1118,
pages 120-138, with a 50 foot right-of-way, total
length 0.10 mi¡
25) Timber pointe Road from edge of pavement of Timber Wood
Parkway 0.21 mi. to end of cul-de-sac, recorded 5/3/91
in Deed Book 1151, pages 710-716, with a 50 foot right-
of-way, total length 0.21 mi¡
Total mileage 3.23.
OSI:: . ~. __7~Ls.-.=Jl__
A2Em~h !t::-¡; ;~O, _ 9q· 0'7.2 o( f' of )
COMMONWEALTH of VIRGINIA
DAVID R, GEHR
COMMISSIONER
DEPARTMENT OF TRANSPORTATION
1401 EAST BROAD STREET
RICHMOND,23219
JUt
July 5, 1994
Secondary System
Additions
Albemarle County
Board of Supervisors
County of Albemarle
401 McIntire Road
Charlottesville, VA 22901
MEMBERS OF THE BOARD:
As requested in your resolution dated June 8, 1994, the following additions
to the Secondary System of Albemarle County are hereby approved, effective July
5, 1994.
ADDITIONS LENGTH
RIVERRUN
Route 1175 (Riverrun Drive) - From Route 768 to 0.28 mile North-
east Route 768 0.28 Mi
Route 1176 (Fox Crossing) - From Route 768 to Route 1175 0.14 Mi
Very truly yours,
~ k. GeL.
David R. Gehr
Commissioner
J "
(-- /' (( ¡iJ.-L nil ()
,- \ (
U -
..¡J, Ii ¡ .?
¡ ,/ ó--^--^- '-'(..
~~V~ I:)
TRANSPORTATION FOR THE 21ST CENTURY
i· ....
D3:' ; 7-/ S-7'-f
-.-.--.----------.
it,':-;' ¡';'. --~(!.:..!.~?:.?:2./Ç,S- )
COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5875 FAX (804) 972-4060
TOO (804) 972·4012
July 6, 1994
Roger Ray
1717 Allied Lane
Charlottesville, VA 22903
RE: OFFICIAL DETERMINATION OF NUMBER OF PARCELS - section 10.3.1
Tax Map 9, Parcel 14 (Property of Nathan C. Wright Estate)
Dear Mr. Ray:
The County Attorney and I have reviewed the title information you
have submitted for the above-noted property. It is the County
Attorney's advisory opinion and my official determination, that
this property consists of three (3) separate parcels:
Parcel 1 originally 43 acres and now about 30 acres (5
development rights)
Parcel 2 - originally 16 acres (5 development rights)
Parcel 3 (referred to in the deed as parcel 4) - originally 16
acres (5 development rights)
Each of these lawfully separate parcels is entitled to associated
development rights. This determination results in two more parcels
than are shown with a parcel number on the County tax maps.
This determination considered the descriptive clauses of the deed,
which originally delineated and enumerated the property as
consisting of four (4) distinct tracts or parcels of land. This
original deed is from Deed Book 441, page 103 and is dated October
14, 1967 between Carson Wright and Nathan and Cleola Wright. This
consideration is based on the findings of the VA Supreme Court in
the case, Faison v. Union Camp 224 VA 54. The tract referred to as
parcel 3 is now shown on the tax map as parcel 13.
The most recent deed for this property at the date of adoption of
the Albemarle County Zoning Ordinance is found in Deed Book 613,
Page 309. It is dated January 28, 1977 between Nathan and Cleola
Wright to Booker T. and Mamie S. Cherry. This deed involved the
last recorded subdivision of the last portion of original tract 1.
It created a 5.002 acre parcel now shown as parcel 140 on tax map
,
..... '" ...
July 6, 1994
Nathan Wright Estate Parcel Determination
Page 2
9. Previous off-conveyances involved 2 acres (parcel 14A)¡ 3.007
acres (parcel 14B)¡ and 3.008 acres (parcel 14C).
Anyone aggrieved by this decision may file a written appeal within
thirty (30) days of the date of this letter. If you have any
questions, please feel free to contact me at your convenience.
Sincerely,
/!::tf:-: ~ut:J!. t&:
Zoning Administrator
AGMjst
cc: Jan Sprinkle, Planning Department
Gay Carver, Real Estate Department
Ella Carey, Clerk Board of Supervisors
Reading Files
NOTE:
Two (2) additional parcels
One (1) by Tax Map, three (3) by determination
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COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mcintire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
July 15, 1994
Mt. Carmel Baptist Church
c/o Ms, Mattie Barbour
Rt. I, Box 48
Crozet, VA 22932
RE: SP-94-09 Mount Carmel Church
Tax Map 14, ParceI31B
Dear Ms. Barbour:
The Albemarle County Planning Commission, at its meeting on July 12, 1994, unanimously recommended approval of
the above-noted petition to the Board of Supervisors, Please note that this approval is subject to the following
conditions:
1. Church expansion limited to not more than 1 ,800 square feet.
2. Usage of the church to be limited to worship and related services only. Use of the church for
non-congregational activities such as day care, youth groups, food services, and the like shall warrant
amendment of this special use pennit.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment
at their meeting on July 20. 1994, 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,
l~
Ronald S, Keeler
Chief of Planning
RSK/jcw
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COUNTY OF ALBEMARLE
Dept of Planning & Community Development
401 Mcintire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
MEMORANDUM
TO:
Albemarle County Planning Commission
Ronald S. Keeler, Chief of Planning ~
July 12, 1994
FROM:
DATE:
RE:
Rehearing of SP-94-09 Mt. Carmel Baptist Church
I made an error in the original review of this request in tenns of the size of the expansion. The
proposed fiiendship hall would not be 322 square feet as originally reported, but would approach
1,800 square feet in area. The addition would be on the opposite side of the church ffom Rte.
810 and would be connected to the main building by a breezeway.
Since the incorrect footage appeared in the legal ads, the County Attorney has advised that the
petition must be reheard by both the Planning Commission and Board.
Since the intended use remains the same, staff opinion is that the original report remains valid in
its conclusions and recommendation. Staff recommends approval of SP-94-09 subject to the
following:
1. Church expansion limited to not more than 1,800 square feet;
2. Usage of the church to be limited to worship and related services only. Use of the church
for non-congregational activities such as day care, youth groups, food service and the like
shall warrant amendment of this special use pennit.
RSK/jcw
"
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mcintire Road
Charlottesville, Virginia 22902-4596
(804) 2965823
May 17, 1994
Mt. Carmel Baptist Church
c/o Ms. Mattie Barbouf
Rt. I, Box 48
Crozet, VA 22932
RE: SP-94-09 Mount Carmel Church
Tax Map 14, Parcel 3lB
Dear Ms. Barbour:
The Albemarle County Board of Supervisors, at its meeting on May 11, 1994,
approved the above-noted request for an additonof approximately 322 square
feet on 2.0 acres zoned Rural Area. Please note that this approval is subject
to the following conditions:
1. Church expansion limited to not more than 350 square feet.
2. Usage of the church to be limited to worship and related services only.
Use of the church for a non-congregational activities such as day care,
youth groups, food services, and the like shall warrant amendment of
this special use permit.
Before beginning this use, you must obtain a zoning clearance from the Zoning
Department. Before the Zoning Department will issue a clearance, you must
comply with the conditions in this letter. For further information, please
call Babette Thorpe at 296-5975.
If you should have any questions or comments regarding the above-noted action,
please do not hesitate to contact me.
Sincerely,
() J .,
v.~.~~~
Director of Pl:~~ommunity Development
WC/jcw
cc: Amelia McCulley
Jo Higgins
;f
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mcintire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
April 12, 1994
Mt. Carmel Baptist Church
c/o Ms. Mattie Barbout
Rt. 1, Box 48
Crozet, VA 22932
RE: SP-94-09 Mount Carmel Church
The Albemarle County Planning Commission, at its meeting on April 12, 1994,
unanimously recommmended approval of the above-noted request to the Albemarle
County Board of Supervisors. Please note that this approval is subject to the
following conditions:
1. Church expansion limited to not more than 350 square feet.
2. Usage of the church to be limited to worship and related services only.
Use of the church for a non-congregational activities such as day care,
youth groups, food services, and the like shall warrant amendment of
this special use permit.
Please be advised that the Board of Supervisors will review this petition and
rceive public comment at their meeting on May 11. 1994. Any new or additional
innformation regarding your application must be submitted to the Clerk of the
Board of Supervisors at least seven days prior to your scheduled hearing date.
If you should have any questions or comments regarding the
above-noted action, please do not hesitate to contact me.
Sincerely,
a/N~¿/ ç ~JL
Ronald S. Keeler ~JPr
Chief of Planning
RSK/jcw
cc: Ella Carey
Amelia McCulley
Jo Higgins
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
RONALD KEELER
APRIL 12, 1994
MAY 11, 1994
SP-94-09 HOUNT CARMEL CHURCH
Petition: To allow a 322 square foot addition to an existing
church [10.2.2.25] on 2.0 acres zoned RA, Rural Areas in the
White Hall Magisterial District. Property, described as Tax Map
14, Parcel 31B, is located on the west side of Route 810 about a
mile north of Mountfair. This property is not in a designated
growth area [Rural Area 1].
Character of the Area: The existing church building is situated
parallel to and above Route 810. The church is served by a
U-shaped drive with two entrances to Route 810. Two dwellings,
across Route 810 and the Doyles River, are visible from the
church.
ADDlicant's ProDosal: The existing 990 square foot building is
adequate to accommodate worship services (about 30 people in
congregation with an average attendance of 20 people) and
Wednesday evening Bible study (8 to 10 people). The annual
homecoming can be attended by as many as 50 people and that
function is held outdoors. The purpose of the proposed 322
square foot fellowship hall is primarily to accommodate the
homecoming event.
STAPF CODENT:
The church has existed for over 100 years and there is no
proposed intensification of use. Regarding the criteria for
issuance of a special use permit, staff opinion is that:
· The use will not be of substantial detriment to adjacent
property;
· the character of the district will not be changed;
· the use will be in harmony with the purpose and intent of
the Zoning Ordinance and with the uses in the area;
· the use will be consistent with public health and welfare.
Therefore, staff recommends favorably on this petition.
An issue regarding the entrances needs to be addressed by the
Planning Commission and Board, possibly by adding a condition
requiring Virginia Department of Transportatìon (VDOT) approval
· .
of commercial entrances. VDOT has recommended that the existing
entrances be upgraded to commercial entrance standards. Adequate
sight distance exists at both entrances, therefore, the VDOT
permit would be for physical reconstruction.
In 1976, the Board of Supervisors requested that VDOT limit its
review of proposals to the best technical transportation solution
and not consider the particular circumstances of any applicant,
that being a matter for deliberation by the Planning Commission
and Board of Supervisors in the public hearing process. That
discretion having been reserved to the Commission and Board,
staff offers the following comments for consideration:
1. A purpose of zoning is "to reduce or prevent congestion in
the public streets." The County Attorney has stated that
requirement of upgrading the entrances is permissible under
the authority to impose conditions upon a special use
permit. Staff opinion is that special use permit conditions
should address peculiar aspects of a use in such a manner as
to allow the positive findings required by Section 31.2.4.1
and that such conditions should applied equitably.
2. The only reason this issue is before the Planning Commission
and Board is because a special use permit is required to
allow the building expansion. If this use were allowed
"by-right", no site plan approval would be required by
operation of the Zoning Ordinance. Staff opinion is that
there are no peculiar aspects to traffic generated by the
church. The differences in character between traffic
generated by this church and uses allowed "by-right" are not
so significant as to warrant upgrading the entrances.
3. VDOT requires a commercial entrance to serve three dwelling
units (i.e. - 30 vehicle trips per day). Staff has used
this as benchmark in evaluating applications. This church
(excluding annual homecoming) would generate about 30
vehicle trips per week, less than a single home.
The prior comments are based on representation of church
activities together with size and attendance of the congregation.
Certainly, any church may be subject to change in intensity of
use. Historically, conditions of approval have relied on good
faith compliance by the applicant. In this particular case,
considerations of the size of the church building, size of
congregation, remoteness from growth areas and low population
density mitigate against the possibility of significant increase
of usage.
RECOMMENDED CONDITIONS OF APPROVAL:
1. Church expansion limited to not more than 350 square feet.
2
2. Usage of the church to be limited to worship and related
services only. Use of the church for a non-congregational
activities such as day care, youth groups, food services,
and the like shall warrant amendment of this special use
permit.
OPTIONAL
3. One or both existing entrances shall be upgraded to
commercial entrance standards under permit issued by the
Virginia Department of Transportation. In the event only
one entrance.is upgraded, the other entrance shall be
closed.
----------------
A'rrACHMENTS:
A - Tax Map
B - Location Map
C - Virginia Department of Transportation Comment
3
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. _3EMARLE COUNTY
I ATTACHMENT AI
13
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SCALE IN FEET
100 1100 1.00 1400
WHITE HALL DISTRICT
SECTION 14
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ATTACHMENT CI
COMMONWEALTH of VIRGINIA
RAY D. peTHTel
COMMIQI>IONEA
DEÞARTMENT OF TAANSPORTA'/"lON
P. O. ßOX 071
CULPEPER. 22701
March 25, 1994
DONALD R. ASKEW
DISTRICT ADMINISTRATOR
Hr. Bill Fritz
County of Albemarle
Dept. of Planning
& Community Dev.
401 McIntire Road
Charlottesville, Vi~ginia 22902-4596
Rta Publio Hoarinq aubmittalø~ April
Dear Mr. Fritz:
We have reviewed the following PUblio Hearing submittals for
'April and offer the fOllowing:
SÞ-94-04- Mt. Carmal Ohuroh- We recommend upgrading the
existing ontr~nce to meet cõmmercial standards (30' width
with 25' radius). '_.
SÞ-9~-OS- Peter GOQbsl- Sight di~tance is adequate for this
site.
SP-94~06- Lowi. R. & Marq~r8t Morris- This site should be
Served by a Commercial entrance. 450' of sight distance is
required. We recommend shifting the entrance approximately
75' to the north. A sight easement will be required to the
south. The applicants shoUld submit information on the
number of students to help us determine the amount of ~ID
that will be generated.
SP-94-0?- KQwwiok Corpor~t1on- We are assuming
eXpansion of this facility will accommodate
members. Therefore, this development should not
transportation infrastructure of the oounty.
assumption is inoorrect, we will need to
information rogarding the intended USe.
BP-94-0a- UVA Alumni Assooiation_ The existing entranoe
should adequately serve this development.
that the
existing
impact the
If this
have more
TRANSPORTATION FOR THE 21 ST CENTURY
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COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mcintire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
?
June 23, 1994
Covenant Church of God
A TTN: Pastor Harold Bare
1025 East Rio Road
Charlottesville, VA 2290 I
RE: ZMA-94-08 Covenant Church
Dear Pastor Bare:
The Albemarle County Planning Commission, at its meeting on June 21, 1994, unanimously recommended
approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to
acceptance of the applicant's proffer as outlined below:
"The church proffers that uses of the property being requested for rezoning shall be similar to those
submitted for ZMA-90-28. That is, uses shall be restricted to those uses listed under Section 23.2.1,
items 4, 7, 8 and those uses listed under Section 23.2.2."
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public
comment at their meeting on Julv 20. 1994. Any new or additional infonnation regarding your application
must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled
hearing date.
If you should have any questions or comments regarding the above noted action, please do not hesitate to
contact me.
Sincerely,
~~-
William D. Fritz
Senior Planner
cc: Ella Carey
Amelia McCulley
Jo Higgins
l
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
WILLIAM D. FRITZ
JUNE 21, 1994
JULY 20, 1994
ZMA-94-08 COVENANT CHURCH
PETITION: Petition to rezone 0.611 acres rrom R-4, Residential to CO, Commercial Office
(proffered). Property, described as Tax Map 61, Parcel 154C (part of) is located on the north
side of Route 631 approximately 300 feet east of the Southern Railway in the Rivanna Magisterial
District. This site is recommended for low density residential (1-4 dwelling units per acres) in
Neighborhood 2.
CHARACTER OF THE AREA: The site is developed with a church. The property adjacent to
the east is open with part of the land formerly used for a contractor's office and equipment storage
yard. The area proposed for the rezoning is a mixture of open and wooded land with a swale
cutting a valley across the middle of the area. The Southern Railway line is located to the west.
APPLICANT'S PROPOSAL: The applicant is proposing to rezone approximately 0.611 acres
rrom R-4 to CO to accommodate the expansion of the church. The applicant has proffered:
"The church proffers that uses of the property being requested for rezoning shall be similar
to those submitted for ZMA-90-28. That is, uses shall be restricted to those uses listed
under Section 23.2.1, items 4, 7, 8 and those uses listed under Section 23.2.2."
This proposed rezoning is intended to permit a minor reconfiguration of the building shown on the
approved site plan.
SUMMARY AND RECOMMENDATIONS: Staff has reviewed the rezoning for compliance
with the purpose and intent of the ordinance and the Comprehensive Plan and recommends
approval.
PLANNING AND ZONING HISTORY:
April 17, 1979 - Planning Commission approved the site plan for the church.
December 13, 1990 - Staff approved a subdivision plat adding 0.98 acres rrom Parcel 154 to the
church property.
April 16, 1991 - Planning Commission approved a site plan amendment to allow additional
parking and recommended approval ofZMA-90-28 which rezoned 0.98 acres from R-4 to CO
[Proffered]. (This request was approved by the Board of Supervisors on May 15, 1991).
September 21, 1992 - Staff approved a subdivision resulting in the present lot configuration
including adding 1.266 acres.
May 12, 1993 - Board ofSupeìvisors approves ZMA-93-08 which rezoned 1.266 acres from R-4
to CO. (A site plan was reviewed and approved concurrently with that ZMA).
COMPREHENSIVE PLAN: The parcel's land use designation is an area of transition from
Neighborhood Service to Low Density Residential. The rezoning in such a case should be
reviewed based on its land use merits.
SUMMARY AND RECOMMENDATION:
The requested zoning designation, CO, states, in part, that the intent of the district is as a
transition between residential districts and other more intensive commercial and industrial
districts. To further support the function of this site as a transitional area, the applicant has
submitted a proffer which limits the future use of the site. The uses which are to be permitted are
similar to uses permitted in the R-4 zoning district by special use permit. Therefore, this rezoning
would be consistent with uses which are permitted on adjacent properties either by-right or by
special use permit.
Approval of this request when combined with the previous rezoning will result in a total area of
2.857 being rezoned from R-4 to CO. The R-4 zoning would have theoretically permitted 11
dwelling units.
The proximity of the Southern Railway tends to make use of this site for residential purposes
unlikely. However, as part of a larger parcel, this area could be used in association with
residential uses as open space, recreational area or parking. Staff has not considered the relatively
small size of the area to be rezoned, 0.611 acres, or the access to the site, through the existing
church, as factors which necessitate this requested change in zoning as these conditions were self-
imposed by the applicant through subdivision.
Summary
Staffhas identified the following factors which support this request:
1. Uses are limited to uses similar to those allowed by special use permit in the adjacent R-4
district.
2. The Comprehensive Plan indicated this area as a transition between Residential and
Neighborhood Service. Commercial Office zoning states in part that the intent of the
district is to serve as a transition between residential and more intensive commercial
zoning. This proposal meets that intent.
3. The proffered uses should not increase traffic on a non-tolerable road in peak: traffic
periods.
Staff has identified the following factors unfavorable to this request:
1. Loss of some residential holding capacity in the Urban Area.
The applicant has pursued a rezoning as opposed to a special use pennit to pennit the proposed
activity. In consideration of proffered limitations, the review of this request indicated that the
proposed use is consistent with the provisions of Section 31.2.4.1 which is the Section reviewed
by staff for all requests for special use pennits. The proposed expansion of the church activity
will have limited impact on adjacent residential land. Substantial screening is proposed on the
border of the site. In staff opinion, the proposed request will not be of a detriment to adjacent
properties.
The residential potential of this tract seems to be limited. Therefore, staff recommends approval
ofZMA-94-08 Covenant Church of God subject to the acceptance of the applicant's proffer:
"The church proffers that uses of the property being requested for rezoning shall be similar
to those submitted for ZMA-90-28. That is, uses shall be restricted to those uses listed
under Section 23.2.1, items 4, 7, 8 and those uses listed under Section 23.2.2."
ATTACHMENTS:
A - Location Map
B - Tax Map
C - Proffer
D - Plat showing location of area to be rezoned
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SECTION
Covenant Church of God
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May 23, 1994
1\lj.\! ~ 4 1994
William D. Fritz, Senior Planner
County of Albemarle
401 Mcintire Road
Charlottesville, VA 22902-4596
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RE: ZMA-93-08
Dear Mr. Fritz:
Thank you for your letter of May 16, 1994. Please be advised that the
following proffer is requested for the above request:
"The church proffers that uses of the property being requested for
rezoning shall be similar to those submitted for ZMA-90-28. That is,
uses shall be restricted to those uses listed under Section 23.2.1,
Items 4, 7, 8 and those uses listed under Section 23.2.2."
As for the larger building on this property, we are in question as to whether
a portion of it may be salvaged for storage until later in our development.
fEd:!. ~aslf¿~
Covenant Church
-- -----.--- -- . . ..
ATTACHMENT C I
1025 East Rio RoId
Charlottesville.
Virginia 22901
(804) 973-5536
SENIOR PASTOR
Harold L. Bare, Sr.
PASTOR
Youth and Music
Jerry Steele
PASTOR
Education and extension
Victor Morris
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Fannie L. Haney
999 East Rio Road
Charlottesville, VA 22901
(804) 973-6344
JUN 2 , 1994
Planning Dept.
June 13, 1994
Mr. V. Wayne Cilimberg
Director of Planning and Community Development
401 Mcintire Road--County of Albemarle
Charlottesville, VA 22902
Dear Mr. Cilimberg:
As a property owner who resides within a short distance of a proposed site to be
rezoned, I would like it known that I strongly oppose the planning/rezoning of any more
residential land for commercial development on Rio Road. The petition to rezone 0.611
acres from Residential 4 (R4) to Commercial 1 (C1) (proffered), property described as
TM61, T154C (part of) is located on the north side of Route 631 approximately 300 feet
east of the Southern Railway in the Rivanna magisterial district. This site is
recommended for low-density residential (1-4 dwelling units per acre) in neighborhood 2.
I feel this request, if granted, will create more traffic congestion/delays on Rio Road, Le.,
vehicles coming and going at unconventional hours creating undue nòise, bright lights
(facilities/cars), pollution from the vehicles, etc., and perhaps attracting an undesirable
element to this neighborhood. There is already enough commercial development on Rio
Road.
Of the seven churches on Rio Road, only two are zoned Commercial Office (CO),
Aldersgate United Methodist Church and the Covenant Church of God, the latter obtained
its status in 1990. All the other churches are zoned Residential 1 (R1) or Residential 2
(R2). The large sign posted on the Covenant Church of God property reads "Under
Construction Multipurpose Family Center and Gym" and another reads "Future Expansion
Covenant Church."
Thank you for your attention in this matter.
Sincerely, ---~
cc: Mr. Charles Marlin, Supervisor, 200 Pin R~"L!: VA 22901
Mr. Tom Belew, Commissioner, 100 Ch stnut Ridge Road, Charlottesville, VA 22901
Ms. Amelia McCulley, Zoning Administrator, County of Albemarle, Charlottesville, VA
22901
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COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mcintire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
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June 23, 1994
University of Virginia Employee's Credit Union
1936 Arlington Blvd
Charlottesville, VA 22905
RE: SP-94-15 UV A Credit Union
Dear Sir:
The Albemarle County Planning Commission, at its meeting on June 21, 1994, unanimously
recommended approval of the above-noted petition to the Board of Supervisors. Please note that
this approval is subject to the following conditions:
I. Provision of a bypass lane connecting the drive-through lanes to the parking areas;
2. Development shall be in general accord with the sketch included as Attachment C and
initialed WDF 6/9/94 except as modified by condition one.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on J ulv 20. 1994. 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,
~~:;¡L-
William D. Fritz
Senior Planner
cc: Ella Carey Rio Associates Limited Partnership
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
WILLIAMD. FRITZ
JUNE 21, 1994
JULY 20, 1994
SP 94-15 UV A CREDIT UNION
Petition: The UV A Credit Union petitions the Board of Supervisors to issue a special use permit
for 5 drive through windows on 4.1 zoned HC, Highway Commercial and EC, Entrance Corridor
[24.2.2(13)]. Property, described as Tax Map 45, Parcel 109 (part), is located in the northeastern
comer of the intersection ofBerkmar Drive and Woodbrook Drive in the Charlottesville
Magisterial District. This site is recommended for Regional Service in Neighborhood 1.
Character of the Area: This property is currently vacant. Berkmar Drive wiIl form the western
border of this site. Lowes Building Supply is located directly to the east and the Rio Hills
Shopping Center is located directly to the south.
Applicant's Proposal: The applicant proposes to construct a credit union which will include 5
drive through windows.
SUMMARY AND RECOMMENDATIONS: Staffhas reviewed this request for compliance
with the provisions of Section 31.2.4.1. and recommends approval subject to conditions.
Plannin!! and Zonin!! Ristorv:
December 19, 1985 - The Board of Supervisors approved ZMA 85-17 which rezoned the site to
HC [Proffered].
May 4, 1988 - The Board of Supervisors approved ZMA 88-06 which established the trip
generation figure on various parcels as 4,334 vehicle trips per day.
June 6, 1988 - Plat approved creating the Lowes site. This reduced the acreage covered by
ZMA- 88-06 to 18.447 acres with 3,286 vehicle trips per day remaining.
October 28, 1988 - Plat approved creating a 2.812 acre parcel leaving a 15.634 acre residue with
2,982 vehicle trips per day (It is a portion of the 15.634 acre residue which is currently under
review. )
Comprehensive Plan: This site is recommended for Regional Service in Neighborhood One
ofthe Comprehensive Plan. This designation provides for the widest variety and intensity of uses.
SUMMARY AND RECOMMENDATION:
Due to concerns regarding access and circulation patterns combined with high traffic volumes,
uses involving a drive-through facility are permitted by special use permit only.
The ITE Trip Generation Handbook estimates that this type of use could generate 2,225 vehicle
trips per day. The proffered trip generation remaining available to this site is 2,982. The latest
approved traffic study for Berkmar Drive used the proffered traffic figures in the analysis of traffic
impact. (This study was prepared for the rezoning of the Sams site.) Based on this information
staff opinion is that no adverse impact to Berkmar Drive is expected.
Staff reviews all special use permit requests for compliance with Section 31.2.4.1. Staff will
address each provision of Section 31.2.4.1 of the Zoning Ordinance.
o 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 adiacent property
The adjacent properties to the north, south and east are zoned for commercial use and are
recommended for Regional Service in the Comprehensive Plan. The property on the west
side ofBerkmar Drive is recommended for High Density Residential and is zoned R-6.
This use is within the traffic proffers for the site and the character of the use, credit union,
is a by-right use. Therefore, this use should not result in a substantial detriment to
adjacent property.
o that the character of the district will not be changed thereby.
The nature of the use is consistent with the commercial zoning and use in the area.
o and that such use will be in harmony with the purpose and intent of this ordinance.
Staff has reviewed the purpose and intent of the Ordinance as state in Sections 1.4, 1.5
and 1.6. No conflict with these sections has been found.
o with the uses permitted by right in the district.
This type of use is consistent with other permitted commercial uses in the district.
o with additional regulations provided in Section 5.0 of this ordinance.
Section 5.0 contains no additional regulations.
o and with the public health. safety and general welfare.
The review of the site plan will insure that the public health, safety and welfare is met as to
physical development. Staff is recommending as a condition of approval that a bypass lane
connecting the drive-through to the parking area be provided. The applicant has stated
agreement with this condition. Staff opinion is that this condition is needed to address the
need to allow individuals who enter the drive-through lanes in error to exit the area
without travelling through the teller area. This connection would also permit those who
enter the drive through area to go to the parking area to complete their transaction
without travelling through the teller area and onto the public road before returning to the
site.
Staff has also identified the following issue. The site lies in the path of the western by-pass
(Alternative 10) as originally proposed. (The most recent alignment proposal for the by-pass
would stay west ofBerkmar Drive and not directly affect this site.) The County has agreed with
Virginia Department of Transportation (VDOT) that it will attempt to protect this alignment fÌ"om
development. One rezoning (ZMA 89-09 Rio Hill West) in the alignment of the bypass proposal
to increase density fÌ"om R-6 to R-15 was denied by the Board of Supervisors. Two other
requests (SP 93-25 Fastrax and ZMA- 93-14/SP· 93-37 UV A Credit Union) were also in the
alignment. Both of these requests were denied. The alignment of the bypass was not a major
issue in the review of SP- 93-25 Fastrax as the property had been zoned for commercial use and it
was only the application for commercial recreation that was under consideration. The other
request by the UV A Credit Union was denied due it part to the bypass alignment and the
Comprehensive Plan recommendations for the area. Staff notes that in this case commercial
development of equal or greater intensity is available by-right on this site. Due to the particular
nature of this proposal it requires a special use permit. Because of this circumstance, commercial
development of this property cannot be prevented and staff does not recommend this special use
permit decision be based on the by-pass alignment..
Summary:
Staff has identified the following factors which are favorable to this request:
1. Use is consistent with the previous proffers on the site.
2. Use is not in conflict with the provisions of Section 31.2.4.1.
Staff has not identified any factors unfavorable to this request.
Based on the above analysis staff is able to recommend approval of this request subject to the
following conditions:
Recommended Conditions of Approval:
1. Provision of a bypass lane connecting the drive-through lanes to the parking areas;
2. Development shall be in general accord with the sketch included as Attachment C and
initialed WDF 6/9/94 except as modified by condition one.
----------------
ATTACHMENTS:
A - Location Map
B - Tax Map
C - Sketch Plan
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COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mcintire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
June 23, 1994
Health Services Foundation
ATTN: Gary Lowe
2955 Ivy Road
Charlottesville, VA 22903
RE: SP-94-16 Health Services Foundation
Dear Mr. Lowe:
The Albemarle County Planning Commission, at its meeting on June 21, 1994, by a vote fo 4-1,
recommended approval of the above-noted petition to the Board of Supervisors. Please note that
this approval is subject to the following conditions:
1. Compliance with the provisions of Section 21. O~
2. Provision of landscaping adjacent to Timberwood Boulevard consistent with that provided
on Timberwood Boulevard in the developed commercial area~
3. Provision of vegetative screening designed to minimize visibility of the site trom the Arbor
Lake Townhomes~
4. Provision of a walkway to connect the existing walkways adjacent to the lake to the
shopping area.
Page 2
June 23, 1994
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on Julv 20. 1994. 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,
1/¿/~
William D. Fritz
Senior Planner
WDF/jcw
cc: Ella Carey
Forest Lakes Associates
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
WILLIAM D. FRITZ
JUNE 21, 1994
JULY 20, 1994
SP-94-16 HEALTH SERVICES FOUNDATION
Petition: The Health Services Foundation petitions the Board of Supervisors to issue a special
use permit to establish professional offices on 5.8 acres zoned R-15, Residential [18.2.2(11)].
Property, described as Tax Map 46B4, Parcel 7, is located at the southeast comer ofTimberwood
Boulevard and Worth Crossing in the Rivanna Magisterial District. This site is recommended for
Medium Density (4.01 - 10 Dwelling units per acre in the Community of Holly mead.
Character of the Area: This site is open with pine trees on the boundary of the property
adjacent to Timberwood Boulevard. Uses in the area include a shopping center (to the west), a
lake and recreation area (to the east), an electrical substation (to the north) and developing multi-
family residential land (to the south opposite Timberwood Boulevard).
Applicant's Proposal: The applicant has submitted a description and justification for this request
(Attachment C). The applicant's proposal is to construct office space for use by various medical
services on an outpatient basis. (No trauma center is provided.) A site plan has been submitted,
but at the time of the preparation of this report, only preliminary review had occurred and no
detailed comment is available.
SUMMARY AND RECOMMENDATIONS: Statfhas reviewed this request for compliance
with Section 31.2.4.1 and recommends approval subject to conditions.
Plannin~ and Zonin~ History:
February 1, 1984 - ZMA-83-19 approved establishing the existing zoning on the property.
April 5, 1993 - Plat approved creating the property currently under review.
Comprehensive Plan:
The Comprehensive Plan recommendations for the Hollymead Community states in part:
"Establish a community service area south of Route 649 on the east side ofRt. 29N to
provide general retail needs in the Community and the northern part of the County" (page
183).
1
"Areas of medium and high density residential are to be located internally east of Rt. 29N"
(p. 183).
This property is designated for medium density residential in the Comprehensive Plan. This
request is not consistent with that designation. There is a concern regarding the cumulative
effects of removing land which has been designated residential. This land could theoretically
support 88 residential units (as zoned). Staff notes that vacant commercial land exists both within
the Forest Lakes development and other locations in the Hollymead Community. There have
been a number of requests for changes in use fÌ"om residential to commercial. Changes have also
been sought converting non-residential land to residential use. Ideally, these changes should be
reviewed in a coordinated manner for amendment of the Comprehensive Plan.
SUMMARY AND RECOMMENDATION:
Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance.
o 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 adiacent property
This property is located adjacent to two commerciaVnon-residential uses (shopping center
and electrical substation). The substation is heavily screened and is not visible rrom this
site. During the review of the shopping center, particular attention was given to the rear
of the shopping center. This resulted in extensive screening so as to mitigate negative
effects to this residential property currently under review. Staff opinion is that the
proposed use will not have any adverse impact on adjacent properties. The use of the land
adjacent to the east is a lake and recreation (play fields). The play fields are screened fÌ"om
this site by existing vegetation, located on the recreational site. The existing townhomes
located opposite the lake fÌ"om this site are visible. Without appropriate screening this use
may be considered incompatible with the existing residential uses located opposite the lake
and Timberwood Blvd. However, with appropriate conditions this use should not
adversely impact residential use. No impact on the recreational area is anticipated.
o that the character of the district will not be changed thereby.
As stated previously, the predominate use adjacent to this site is non-residential. Approval
of this request does not represent the introduction of commercial use in the area. This is
an area of mixed commercial, residential and recreational development in a planned
development concept (Forest Lakes).This proposal is in a location that may be considered
a transition to the predominate residential areas of Forest Lakes. In terms of land use, this
proposal does not adversely affect the pattern of development nor does it change the
character of the district. This property was zoned for residential use prior to the
beginning of the development of Forest Lakes. The current zoning on the property would
2
permit the theoretical development of 88 units. This level of development could generate
880 vehicle trips per day. The level of traffic generated by the proposed use could result
in 1,982 vehicle trips per day. (Based on the submitted preliminary plan and ITE 5th
Edition). This increase, thus, may result in a change to the character of traffic in the area.
During the review of the special use permit, the Virginia Department of Transportation did
not identify any adverse impact to the adjacent road network. Improvements to both
Timberwood Boulevard and Worth Crossing will be required during review of the site
plan. These improvements include the provision of turn lanes and fi-ontage improvements.
o and that such use will be in harmony with the purpose and intent of this ordinance.
Staff has reviewed the purpose and intent of the Ordinance as stated in Sections 1.4, 1.5
and 1.6. This use will provide additional health services to the fast growing northern
growth areas. The location of this service within a sizeable development area may be
considered consistent with the creation ofa convenient community (reference 1.4.3). No
specific supplementary regulations directly addresses this type of use. Staff has not
identified any inconsistency with the purpose and intent of the Ordinance as stated in
Sections 1.4, 1.5 and 1.6.
o with the uses permitted by right in the district,
This type of use is permitted by special use permit in this zoning district. While not stated
in the ordinance, staff has reviewed the provision of office space in residential districts as a
use intended to be supportive of a large development or residential area, providing
convenient support uses as opposed to regional offices. This use clearly provides a
support use and is located within a large residential development area (not only the Forest
Lakes development but more generally Hollymead Community and Piney Mountain
Village)..
o with additional regulations provided in Section 5.0 of this ordinance.
Section 5.0 contains no additional regulations.
o and with the public health. safety and general welfare.
As stated previously, to minimize impact on adjacent residential land staff is
recommending conditions requiring screening. In order to further protect the public, staff
will recommend that the use be required to meet the requirements of Section 21.0 which
establishes minimum requirements for all commercial developments for items such as, but
not limited to, building height, setbacks, parking requirements. (Staff notes that included
in this section are provisions for modifications. Staff recommends that these provisions be
retained as additional site plan review may indicate that certain modifications are
warranted to result in superior site design.) With these conditions staff opinion is that this
use will be consistent with the public health, safety and general welfare.
3
Summary:
Staff has identified the following factors which are favorable to this request:
1. The use will provide a supportive and convenient service for the Forest Lakes
development, as well as the Hollymead Community and Piney Mountain Village.
2. The use should not conflict with adjacent uses. This site is located immediately adjacent
to commercial, utility and recreation uses and is physically separated and can be screened
ITom residential uses.
3. This use does not adversely affect the pattern of development of the area.
Staff has identified the following factors which are unfavorable to this request:
1. This request is not consistent with the land use designation of the Comprehensive Plan.
The proposal will eliminate zoned high density residential area.
2. Vacant commercially zoned land is located in close proximity to this site.
3. This use will result in increased traffic volumes as compared to the level of development
pennitted by-right.
RECOMMENDATION:
Staff has consistently recommended proposals inconsistent with the Comprehensive Plan be
reviewed in a coordinated manner for amendment to the Plan and recommends so here. Staff
does recognize this proposal is somewhat unique in terms of surrounding land uses and the
pattern of development in the area. Should the Board of Supervisors decide the particulars of this
proposal (with the understanding, there will be a loss of residential land) warrant putting aside a
requirement for Comprehensive Plan amendment, staff finds this request satisfies the criteria of
Section 31.2.4.1 of the Zoning Ordinance and can otherwise support this request subject to the
following conditions:
RECOMMENDED CONDITIONS OF APPROVAL:
1. Compliance with the provisions of Section 21.0;
2. Provision oflandscaping adjacent to Timberwood Boulevard consistent with that provided
on Timberwood Boulevard in the developed commercial area;
3. Provision of vegetative screening designed to minimize visibility of the site ITom the Arbor
Lake Townhomes;
4
4. Provision ofa walkway to connect the existing walkways adjacent to the lake to the
shopping area.
ADDmONAL COMMENT:
Should this proposal be approved, staffwill re-evaluate the east side of Worth Crossing for land
use designation during the Comprehensive Plan review in recognition of the existing and evolving
non-residential character of that area.
----------------
ATTACHMENTS:
A - Location Map
B - Tax Map
C - Applicant's description and justification of the use.
5
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SP 94-16
Health Services Foundation
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2955 Ivy Road
Charlottesville, Virginia 22903-9301
(804) 295-1000
FAX 804 296-2718
April 25, 1994
Mr. William D. Fritz
Senior Planner
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22901
RE: HSF Forest Lakes Tract VII
D.B. 1071 P. 495
Special Use Permit Attachment
Dear Bill:
The following is a description of the intended use for Tract
VII, which is located next to the Clubhouse at Forest Lakes.
University of Virginia Ambulatory Outpatient Care in conjunction
with the University of Virginia Health Services Foundation proposes
to place four satellite practices with Ancillary Services at this
location. This will provide medical care to the surrounding
neighborhoods to promote convenience and a "user friendly" cost
effective atmosphere. These practices will be patterned after
typical private medical settings common in rural and planned
residential developments. Mr. John Grady, Deputy Zoning
Administrator, and Mr. Norm Brinkman, President, NTB Inc., have
been very helpful in defining medical use as it applies to the
category of "Professional Offices" in the zoning ordinance.
The four practices that are under consideration now include:
1. Family Practice
2. Obstetrics and Gynecology
3. Pediatrics
4. General Internist
As you know the current medical scene is of a rapidly changing
position. We feel that this location and arrangement will promote
distribution of necessary health care to provide convenient, high
quality, cost effective medical treatment that citizens of
Albemarle County expect.
~
I ATTACHMENT C II Page 21
- 2 -
Justification for this special use permit in an R15 zoning can
be granted by the Board of Supervisors because, in our opinion, the
national healthcare picture is demanding that the medical community
provide cost effective and convenient medical treatment. This is
our answer to these hard questions that need to be addressed to get
healthcare out to the communities where it is needed. This helps
eliminate congestion associated with the Health Sciences Center in
Charlottesville and reduction of travel on Route 29 to ambulatory
care facilities in town. No detriment to adjacent property owners
will occur and the character of the district will not be
significantly changed. In fact, we believe that the public health,
safety and general welfare of the community will be greatly
enhanced.
Very Truly Yours,
_~~L,~
Gary E. Lowe
Facilities Manager
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