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HomeMy WebLinkAboutAP201800002 Application 2018-09-07Albemarle County Community Development Department 401 McIntire Road Charlottesville, VA22902-45% Voice : (434) 296-5832 Fax :(434) 972-4126 Planning Application TMP1 06100-00-00-0020=0 Owner(s): MESA ASSOCIATES Application #I AP20.1800002 PROPERTY INFORMATION Legal Description I L-1 ROSLYN HEIGHTS PER DEED BOOK 1761 PG 019 11/12/1998 Magisterial Dist. Jack Jouett Land Use Primary Reside - ntial Single-family (incl.modular h o - mesE Current AFD Not in Af IF District Current Zoning Primary Rural Areas APPLICATION INFORMATION Street Address 95 ROSLYN HEIGHTS RD CHARLOTTESVILLE, 22901 Entered By I ----- -Jennifer Rritch ,pplication Type Appeal of Zoning Administrator's Determination Project (Roslyn Farm and Vineyard - CLE2018-41 I Received Date Fo —9/05/18 Received Date Final Submittal Date �-----� Total Fees 258 Closing File Date Submittal Date Final Total Paid Revision Number Comments Legal Ad ISUB APPLICATION(s) TvDe -1 Sub APPI ir-atio Comn-pent I APPLICANT CONTACT INFORMATION CityState dip — -------- r Phan Cell CantactType Narne AddressPhone MESA, ASSOCIATES 3025-A MCNAUGHTON DRIVEBIASC COLUM 29223 C r:3 f: JOHN OR TRULA W' RIGHT i 95 ROSLYN HEIGHTS RD CHARLOTTES%1LL 22901 Signature of Contractor or Authorized Agent Date FOR OFFICE USE ONLY AP # SIGN # ZONING ORDINANCE SECTIO/N�: �j Fee Amount $ tR5b_: Date Paid (-7 �p By who? i P J Receipt # I_ _ Ck# �J� By: Application for^i Appeal of Zoning Administrators Determination 1 Appeal of Zoning Administrator's Determination = $258 FEES to be paid after staff review for public notice: Appeals of the Zoning Administrator require a public hearing by the Board of Zoning Appeals. Virginia State Code requires that notice for public hearings be made by publishing a legal advertisement in the newspaper and by mailing letters to adjacent property owners. The total fee for public notice will be provided to the applicant after the final cost is determined and must be paid before the application is heard by a public body. Staff estimates the total cost of legal advertisement and adjacent owner notification to be between $350 and $450. This estimate reflects the average cost of public notice fees, but the cost of certain applications may be higher. ➢ Preparing and mailing or delivering up to fifty (50) notices $215 + actual cost of first-class postage $1.08 for each additional notice + actual ➢ Preparing and mailing or delivering each notice after fifty (50) cost of first-class postage ➢ Legal advertisement (published twice in the newspaper for each public Actual cost hearing) (averages between $150 and $250) Contact Person (Who should we call/write concerning this project?): �y,�%/✓ © Address /.5 R0S/�. VA% 401C'%/7-Si �'� City® �4�,f V U. State Zip _AZ Daytime Phone ` J ✓� /' % ` Fax # M eM a E-mail C 5�p" Owner of Record 91 Address UAI I-4j P`o City�%h9 %% l//!.0,41_` �St}ate �Zipe� Daytime Phone 6 — J — - T.3S Fax # (_� !� E-mail S;u� (may bP�' l AVOW ✓!/ey'/1%;� Applicant (Who is the Contact person representing?):S' CMG; //04"���` . �} y n�P Address �JYSr� f/`S /<�%D �L'! State 61j�_. Zip 62o�D Daytime Phone 57 Fax # (q.5* ��� ��Q� -mail P �TV 44 1 `4U / e nN County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Revised 11/1/2015 Page 1 of2 Project Name: AOS'.LyN HARM &ID Tax map and parcel: �CZ6'V '- -()0 ! fJ/� ' CVWOeZoning: Physical Street Address (if assigned): / 0/9 1S.0 VII/ Location of property (landmarks, intersections, or other): The following information shall be submitted with the application and is to be provided b the applicant: 4 051—Y l 'l w m 1) Completed application including subject of appeal. f�f l ��c� U'A'L OF 2) Justification for applicant's osition, including error in Zoning Administrators determination. You may use the space below to provide this information N submit an attached sheet. -- 3) If applicable, a copy of the latest deed for the grope involved, and the approved and recorded plat. 4) If applicable, the appropriate drawings showing all existing and proposed improvements on the property and any special conditions for the situation that may justify the appeal. 5) Reference to the relevant Zoning Ordinance section or other applicable regulations or case precedence to justify the appeal. 6) Appropriate fee made payable to the County of Albemarle. i:�: V e Explanation of error in determination and justification of applicant's position: IMA57— Owner/Applicant Must Read and Sign I hereby certify that the information provided on this application and accompanying information is accurate, true and correct to the best of my knowledge and belief. oq 11)1?6/,v/& i/i i/A) i GG2(n Date:_ gnature o wrier or C t ac Purchaser, Agent oe Print Name Daytime phone number of Signatory Board of Zoning Appeals Action/vote: Board of Zoning Appeals Chairman's signature: Date: Revised 111112015 Page 2 of 2 JUSTIFICATION FOR APPEAL 1. In order for a Zoning Clearance to be issued, the County had to determine that primary use of the property is agricultural. The Appellants dispute that finding and believe it is clearly erroneous. The primary use of the subject property is the operation of a bed and breakfast business. The amount of agriculture on the subject property is minor and would generate little or no income. The county's zoning ordinance defines an agricultural operation as "any operation devoted to the bona fide production of crops, or animals, or fowl, including the production of fruits and vegetables of all kinds; meat, dairy, and poultry products; nuts, tobacco, nursery, and floral products; and the production and harvest of products from silviculture activity. This term includes aquaculture and plant nurseries." We have seen no evidence of the owner selling agricultural products from the farm either on the property itself or in any online advertising platforms. We believe that the primary income producing activity at the farm is the bed and breakfast business which the owner advertises widely. If there is any revenue from agricultural operations, we believe it is minimal and substantially less than the revenues from the bed and breakfast business. We also question whether County staff actually physically investigated the operations on the property and income records for the property to determine what the primary use was since there was nothing in the Application file to indicate this had been done. See the below definition and requirements from the County Code: Devoted to the bona fide production of crops, animals, or fowl: As used in the definition of "agricultural operation," any lot on which the production of one or more agricultural products is a primary use ("agricultural production") and the agricultural production is engaged in good faith and not merely to enable the lot to be eligible to host events and activities at an agricultural operation as provided in sections 5.1.58, 10.2.1(30), 10.2.2(56), 11.3.1(29), and 11.3.2(10). In determining whether the agricultural production is a primary use and engaged in good faith, the following factors may be considered: (i) whether the lot is subject to use value assessment because it is real estate devoted agriculture, horticulture, or silviculture; (ii) the acreage in agricultural production; (iii) the proportion of the lot's acreage in agricultural production; (iv) the crops, animals, or fowl being produced; (v) the acreage of the lot and of the site; (vi) the owner's federal tax forms including Form 1040F (Farm Expense and Income), Form 4385 (Farm Rental Income and Expenses), Form 1040E (Cash Rent for Agricultural Land), Form 1040C (Business Profit and Loss), or Form 1120 (Corporate Partnership); (vii) receipts showing gross sales over the most recent three-year period or evidence of the value of agricultural products that would have been sold but for a natural disaster; (viii) the proportion of the owner's total income derived from agricultural production on the site; (ix) evidence of participation in a federal farm subsidy program; (x) evidence of operating under a conservation farm management plan prepared by a professional; (xi) the proportion of capital investment in the site devoted to the production of agricultural products, operating, and labor expenses; (xii) Albemarle County -level United States Department of Agriculture Census of Agriculture data; and (xiii) any other relevant factors. (Added 11-12-14) 2. We contend that the Zoning Clearance was approved based upon misleading and incomplete information in the Application for Zoning Clearance (the "Application") signed by the property owner and should therefore be withdrawn. The form of the Application requests that the property owner "Describe the agricultural operations, including crops and livestock produced and the acreage devoted to agriculture." In answer to this information request, the applicant states "Horse boarding/lessons, pigs, cows, goats (for dairy & meat) greens & produce production, grapes, poultry, poultry eggs, ducks and duck eggs." First, there is no statement of the JUSTIFICATION FOR APPEAL amount of acreage actually devoted to agriculture as required by the Application. Obviously, the entire property is not devoted to agriculture as there are a large home and grounds being used as a bed and breakfast business in addition to a rental cottage. Approval of an application which fails to include the required information was clearly erroneous. Second, we dispute the assertion in the Application that the items listed are actually being produced on the Property. The Application clearly requests what is being produced on the Property at the time of the Application, not at some expected time in the future. The approval of the Application by the County without verifying important information upon which the approval was based was clearly erroneous. 3. The Zoning Clearance Application incorporates a Special Events -Noise Management Plan, Roslyn Farm & Vineyard, LLC dated 1/26/18. That plan states that events will be limited to "gatherings of 150 attendees or less." In contrast, the first page of the Application for Zoning Clearance states the number of attendees at events will be "200 or fewer at any time." It is thus unclear what has been approved, making it impossible for the property owner and those attempting to monitor the property owner to know what is allowed on the property by the Zoning Clearance approval. This very significant conflict and ambiguity makes the approval void. The approval of the Application by the County with this facially inconsistent information was clearly erroneous and should be withdrawn. 4. While there is a sound plan included within the Application, there is no evidence that staff actually determined that the equipment necessary to implement that plan is owned by the property owner. 5. The Appellant is the owner of and resides at the property located at 95 Roslyn Heights Road in Albemarle County, VA which is located within a few feet of the subject property and is served by the same private road as the subject property. The enjoyment, use and value of our property will be negatively impacted by the Zoning Clearance approval which purports to allow on the subject property 24 events per year with up to 200 attendees per event and with amplified music at each event. 004765 THIS DOCUMENT PREPARED BY: JAMES P. COX, III, ESQUIRE, VSB # 23021 MICHIE HAMLETT, PLLC 500 COURT SQUARE, SUITE 300, P.O. BOX 298 CHARLOTTESVILLE, VA 22902 Tax Map Reference Number: 06100-00-00-00100 Name of Title Insurance Underwriter for Instrument: Chicago Title Insurance Company Consideration: S 1,300,000.00 Assessed Value: S 910,000.00 DEED OF BARGAIN AND SALE THIS DEED, dated as of the 8th day of May, 2015, between Miles WILHELM and Martha WILHELM, husband and wife (the Grantors) and ROSLYN FARM OF ALBEMARLE COUNTY, LLC, a Virginia limited liability company (the Grantee), whose address is 255 Ipswich Place, Charlottesville, VA 22901, provides: THAT for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantors, subject to the matters described herein, hereby grant and convey with general warranty and English covenants oftitle to the Grantee the following described real estate (the Real Estate): All that certain tract or parcel of land, with all improvements thereon and all appurtenances belonging thereto, located in Albemarle County, Virginia, fronting on the westerly side of State Route 743 and containing 24.118 acres, more or less, as described on a plat prepared by Gloeckner Engineering/Surveying, dated March 8, 1996, recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 1531, pages 644 and 645; LESS AND EXCEPTthose certain strips or parcels of land taken by the Commonwealth Transportation Commissioner of Virginia pursuant to Certificates of Take recorded in the aforesaid Clerk's Office in Deed Book 1779, page 393, Deed Book 1832, page 585 and Deed Book 1961, page 695, confirmed by Order recorded in Deed Book 1832, page 582. BEINGthe same property conveyed to Miles Wilhelm and Martha Wilhelm, husband and wife, by deed from Allen J. Reilly and Jenni Joan Reilly, husband and wife, dated December 14, 2000, recorded December 15, 2000, in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 1977, page 66. The Real Estate is expressly conveyed subject to all easements, conditions, restrictions, reservations, and other matters contained in duly recorded deeds, plats, and other instruments constituting constructive notice in the chain of title to the Real Estate, which have not expired by a time limitation therein contained or otherwise become ineffective. IN WITNESS WHEREOF, the Grantors have executed this Deed. EAL) Miles ilhelm 11-uza (SEAL) M ha Wilhelm STATE OF VIRGINIA CITY OF CHARLOTTESVILLE, to -wit: The foregoing instrument was acknowledged before mein the City of Charlottesville, Virginia this //4 day of May, 2015, by Miles Wil elm and Martha Wilhelm. Notary publ' My commission expires: October 31, 2018 Registration number: 102220 ConlrtgnweJlth of Vlrylnla • Dac�y Gall SmVN, Notary W b1k Commission 1D l 10i22D •. .,,. My Commissbn Expires 10/31/2018 RECORDED IN CLERK'S OFFICE OF ALBEMARLE ON MAY 12, 2015 at 12:35:27 PM AS REQUIRED BY VA CODE §58.1.802 STATE-$650.00 LOCAL:$650.00 A A COUNTY, VA D M. P CIRUIT CLERK DC ROSLYN FARM Aspacious stone and slate residence situated amidst 25 beautifully landscaped acres with a view of the Blue Ridge Mountains to the west. The close -in location on VSH 743 makes this one of the few estates available within minutes from downtown Charlottesville, Farmington Country Club or the University of Virginia and which also affords easy, uncongested access to -the airport. MAIN RESIDENCE: Offering the utmost in quality and craftsmanship, the interior features a total of 12 spacious rooms, including a library, a formal living room and a dining room, all with fireplaces, a master bedroom suite with dressing room, a guest bedroom and bath, a large Panelled family room, a pantry and a large kitchen, a laundry or maid's room with bath off the kitchen, all on the first floor. The second floor consists of 3 bedrooms, 2 baths and an abundance of closet and storage space. There is a large basement with work/exercise areas and an attached double garage. This excep- tional residence contains extensive crown molding, unique mantels and fine detail- ing which create the perfect setting for comfortable entertaining, family living and gracious DEPENDENCIES: Four bedroom 1 bath cottage, several sheds, a barn with four stalls, hay loft, plus tack and other rooms. PROPERTY: 24.953 acres of mostly rolling open pasture fronting on VSH 743, including formal gardens, a variety of boxwood, dogwood and other mature shrubs and trees, stone walls and walks, and a stocked pond. Extensive oak board fencing creates field and paddock areas for horses. LOCATION: On the west side of VSH 743 (Hydraulic Road) after Albemarle High School with enhance off Roslyn Heights Road. PRICE: TO SHOW: By appointment, Owner, 24-hour notice. OFFERED BY OWNER; Joan Rei]ly 973-3776 contact Questions raised about Roslyn Farm event request • Charlottesville ... https://www.cvilletomorrow.org/news/article/29872-questions-raised... WEDNESDAY, SEPTEMBER 5, 2018 TOMORROWINFORMED CITIZENS CREATE BETTER COMMUNITIES HOME TOPICS CALENDAR ABOUT SUPPORT US MULTIMEDIA DATA LAB VOICES CITYSPACE PLACES FEATURED TOPICS Cville Land Use Transportation Innovation Education Affordable Living Questions raised about Roslyn Farm event request Sean Tubbs I Monday, February 12, 2018 at 9:57 p.m. request from the owners of Roslyn Farm in Albemarle County to hold as many as 24 events a year prompted scores of people to attend a community meeting Monday to ask questions about the idea. "As a sixth -generation farmer living in 2018, agriculture diversity and sustainability are two aspects not only important to us, but also the `buy local' movement, as well," said Richard Fox, who has applied for a special -use permit along with his wife, Alexia Richards. "Each and every one of our 24 events will incorporate a majority of our farm products, custom grown for the clients, he added. Fox and Richards have been seeking permission to hold events such as weddings and corporate retreats at a "manor house" on their farm. "We keep hearing how detrimental it is that we are within the urban ring and that our farm is too small to be a real farm," said Richards. "Or too small to be deserving of property rights." The 24-acre property is on Roslyn Heights Road on the western side of Hydraulic Road, just outside of the county's growth area. "Special events always require a special -use permit," said county planner Scott Clark. "A special -use permit is a legislative action from the Board of Supervisors." Clark said at least three special -use permits for events in the rural area have been granted by the Board of Supervisors, including one at Panorama Farms. The permit process is intended to take the needs of each property into consideration. County rules require applicants seeking special -use permits or, rezonings to hold a meeting with nearby landowners. This community meeting is intended to be a chance for people who live by a potential land use change to get information on both the project and the process. Nearly t,too people have signed an online petition in support of Roslyn Farm's request "There have been a few rare cases where the board has approved a special -use permit with a time limit," Clark said. "They are almost always subject to restrictions." i The property includes a bed and breakfast, which Richards said has hosted thousands of guests over the years. She said unlike other destinations in the county, Roslyn Farm is close to amenities. Richards said holding events would be an extension of the bed and breakfast. Enlarge Image Credit: Sean Tubbs, Charlottesville Tomorrow Richard Fox and Alexia Richards at Feb. t2, 2018 community meeting for Roslyn Farm GARDENCOURT TOWNHOUSES ROSLYN HEt TS BIRNAM WOOD - Go gig Map date 02018 Googfe More news for Roslyn Farm Community meetings are usually held by the county's growth advisory committees. The petition notes that _ Roslyn Farm is not within the boundaries of the Places29-Hydraulic Committee but Fox and Richards agreed to ` LEARN MORE: take part in a community meeting hosted by that group anyway. ! ll County supervisors approve new -JIQregulations for farm wineries Public hearings will be scheduled before both the Planning Commission and the Board of Supervisors. No dates have been set yet. Ballards Mill Road residents raise f Clark said special -use permits run with the land and are permanent. concerns about farm winery � rF Panorama Farms to begin hosting weddings If granted, event guests would enter the site from a farm entrance on Lambs Road rather than from Roslyn Heights Road. Additionally, she said they would hire the county Sheriffs Office to help regulate traffic during events. "We all know that while this is a rural area property by definition, between a four -lane road, the schools and the encroaching development, we are surrounded by quite a bit of ambient noise," Richards said. "As the owners of this property, we are committed to ensuring that the noise from special events complies with Albemarle County's zoning ordinance." Richards said the proposal met with her interpretation of the Comprehensive Plan. "In the rural area chapter of the plan, it is stated that the county should encourage creative and diverse forms of rural production and support for land uses that provide landowners with economic viability," Richards said. Neighbors were concerned about traffic on Lambs Road, as well as noise from the events. of 3 9/5/2018, 3:36 PM I ),,1 11 Any Refearce 14 1 0jr.1 I M'43.1 I U."ef Pi,.e P,140 i Q,d rfuV Ilj I. -: ect rs F.M 1w rn-.1 v Tf -.'Ore IK41 Only Pit 1.1-N-m-nIs i mir,chi J Cdgeip,ri, Tirislee '.A ,- I!- I cowct po rto v.-s? rJ my -111 L V:jso-f O:r.;)Wft lye ClAflolfctwdle.vo 22901 2 RA 1�,cwn,-!mt pis t0apw. ot,,. 5 k0evcoc-s V It 711 P 210, WO 155 P P59. 1, ft ?50 P364. 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