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'''750 Hinton Avenue''' is the address of the [[Hinton Avenue United Methodist Church]] (also called the Hinton Avenue UMC). The first church building at this site was constructed in [[1909]], renovated in [[1948]] and again in [[1958]] to its present configuration. Originally part of the [[Belle Mont Estate]] property, the a 0.76-acre site is on the northwest corner of [[Hinton Avenue]] and [[Church Street]] - one block north of the [[Belmont Neighborhood]] commercial area. Contiguous to the [https://www.dhr.virginia.gov/historic-registers/104-0050/ Belmont Manson] property at [[759 Belmont Avenue]], '''750 Hinton Avenue''' is within the [https://www.dhr.virginia.gov/wp-content/uploads/2018/09/104-5082_NorthBelmontNeighborhoodHD_2017_NRHP_FINAL-1.pdf North Belmont Neighborhood Historic District boundaries].
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At '''750 Hinton Avenue''' is the oldest church in the [[Belmont neighborhood]], the [[Hinton Avenue United Methodist Church]] which occuppies the north half of the original [[Belmont Mansion]] block. The first church building at this site was constructed in 1909, then was renovated in 1948 and 1958 to its present configuration.
==Base information==
[[File:08112019-750 Hinton Avenue GIS Viewer Map.JPG|right|thumb|270px|Location Map, 750 Hinton Avenue]]
[[File:08112019-750 Hinton Avenue Zoning Map.JPG|right|thumb|270px|Zoning Map, 750 Hinton Avenue outlined]]
[[File:09082019-750 Hinton Avenue Zoning Annotated HDCD.JPG|right|thumb|270px|Zoning Map, 750 Hinton Avenue, [[759 Belmont Avenue]]]]
===Proffers===
Refer to: '''Rachel's Haven project''' below.
 
:Note: Once accepted by the governing body, proffers become part of the zoning regulations applicable to the land and they run with the land until it is rezoned (there are exceptions). [https://www.albemarle.org/upload/images/Forms_Center/Departments/County_Attorney/Forms/LUchapter11-proffers.pdf ''The Albemarle County Land Use Law Handbook Kamptner/July 2019'']


==Base information==
===Area===
Approx. 0.76 acres
===Legal description===
===Legal description===
City of Charlottesville, Lots 1-7 Bk 12 Belmont Subdivision
City of Charlottesville, Lots 1-7 Bk 12 Belmont Subdivision
===Zoned===
===Adjacent properties===
R-1S (low-density residential, small lot)
 
==Adjacent properties==
*[[759 Belmont Avenue]], (the historic [[Belmont Mansion]])  
*[[759 Belmont Avenue]], (the historic [[Belmont Mansion]])  
==Ownership History==
==Ownership History==
*Charles Bankhead (before 1820)
*Charles Bankhead (before 1820)
*John Winn (1820)
*John Winn (1820)
*Slaughter W. Fincklin (1847)
*Slaughter W. Fincklin (1847)
*Belmont Land Co. and Charlottesville Land Co.
*Belmont Land Co. and Charlottesville Land Co.
==Significance==
==Significance==
The oldest church in the neighborhood, [[Hinton Avenue United Methodist Church]] occupies part of the once 539 acre farm ''[[Belle-Mont]]'' owned by [[John Winn]] until his death in [[1837]]. The first church building at this site was constructed in [[1909]], then was renovated in [[1948]] and [[1958]] to its present configuration and appearance executed in the Gothic Revival style. Stylistic elements on the brick church include buttresses, large expanses of tracery windows, pointed arched openings, gable-roofed end parapet walls, and the arched loggia across the front of the church.<ref>http://www.historicmapworks.com/Buildings/index.php?state=VA&city=759%20Belmont%20Avenue&id=32684, National Register of Historic Places Registration Form North Belmont Neighborhood Historic District DHR#104-5082 VLR Listed: 12/14/2017 NRHP Listed: 5/31/2018, accessed 5/16/2019</ref>
The oldest church in the neighborhood, [[Hinton Avenue United Methodist Church]] occupies part of the once 539 acre farm ''[[Belle-Mont]]'' owned by [[John Winn]] until his death in [[1837]]. The first church building at this site was constructed in [[1909]], then was renovated in [[1948]] and [[1958]] to its present configuration and appearance executed in the Gothic Revival style. Stylistic elements on the brick church include buttresses, large expanses of tracery windows, pointed arched openings, gable-roofed end parapet walls, and the arched loggia across the front of the church.<ref>http://www.historicmapworks.com/Buildings/index.php?state=VA&city=759%20Belmont%20Avenue&id=32684, National Register of Historic Places Registration Form North Belmont Neighborhood Historic District DHR#104-5082 VLR Listed: 12/14/2017 NRHP Listed: 5/31/2018, accessed 5/16/2019</ref>
Line 59: Line 45:
According to the Hinton Avenue United MC website, the property is currently being used by the church to: offer free clothes and fellowship through their "Clothes Closet", meals for the hungry in the "Family Kitchen", worship and learning opportunities on Sundays and during the week; the building is home to a satellite campus of The International School of Charlottesville, a French and Spanish language immersion preschool, Boy Scout Troop 37, and several AA, NA, and Al Anon chapters.<ref>http://hintonavenueumc.org/ Hinton Avenue UMC website, accessdate=May 15, 2019.</ref>
According to the Hinton Avenue United MC website, the property is currently being used by the church to: offer free clothes and fellowship through their "Clothes Closet", meals for the hungry in the "Family Kitchen", worship and learning opportunities on Sundays and during the week; the building is home to a satellite campus of The International School of Charlottesville, a French and Spanish language immersion preschool, Boy Scout Troop 37, and several AA, NA, and Al Anon chapters.<ref>http://hintonavenueumc.org/ Hinton Avenue UMC website, accessdate=May 15, 2019.</ref>


==Proposed re-zoning==
[[File:05142019-750 Hinton Avenue Zoning Notice.JPG|right|thumb|270px|May 14, 2019 Planning Commission Meeting Notice (imaged dated 5/14/2019)]]
In early 2019, [[Hinton Avenue United Methodist Church]] submitted a rezoning petition for the [[Planning Commission]]'s regular docket for Tuesday, May 14, 2019. The rezoning petition proposed a change in zoning from the existing [[R-1S]] (low-density residential, small lot) to [[NCC]] (Neighborhood Commercial Corridor Mixed Use) subject to [[proffered development conditions]]. The stated purpose of the rezoning was to allow construction of a multifamily building containing up to 15 units (for a total density of 19.7 [[DUA]]). Within the current R-1S zoning district, multifamily dwellings are not permitted. The application was deferred until the June 2019 Planning Commission meeting.<ref>{{Agenda-cityplanning|newid=65250|when=May 14, 2019|accessdate=May 15, 2019}}</ref>
 
==Rachel's Haven project==
{{Infobox Development
| name = '''Rachel's Haven'''
| map-image =
| caption =
| location = 750 Hinton Avenue
| location_road = Hinton Avenue
| use_type = Apartments (supportive housing, including 30% for people with developmental disabilities)
| acres = 0.7580
| non_residential =
| units_residential =15 units
| developer_company =  
| developer_principal1 =  
| architect = [[Andrew S. Thomas]], Architect
| owner = [[Hinton Avenue United Methodist Church]]
| approval_process = Rezoning to NCC
| conditions = 4 units affordable at 80% AMI (indefinitely)
| year_rezoned = 2019
| application = ZM19-00001
| website = }}
 
{{PAGENAME}} is a property in the [[Belmont]] neighborhood that contains a place of worship that has for many years been the home of
the [[Hinton Avenue United Methodist Church]]. A rezoning to allow residential units was opposed by several neighbors. While approved by Council, the project has not progressed much further {{asof}} [[late 2023]].
 
==Rezoning==
In early [[2019]], the church applied for a rezoning for the property seeking a change in zoning from the existing [[R-1S]] (low-density residential, small lot) to [[NCC]] (Neighborhood Commercial Corridor Mixed Use) subject to [[proffered development conditions]]. The stated purpose of the rezoning was to allow construction of a multifamily building containing up to 15 units (for a total density of 19.7 [[DUA]]) with commercial uses, market rate units, and ostensibly housing for those with disabilities. Within the current R-1S zoning district, multifamily dwellings are not permitted.  
 
The item was originally on the  [[Planning Commission]]'s regular agenda for Tuesday, [[May 14]], [[2019]] but was deferred until the June 2019 Planning Commission meeting.<ref>{{Agenda-cityplanning|newid=65250|when=May 14, 2019|accessdate=May 15, 2019}}</ref>  
 
The Planning Commission voted 6-0 to recommend approval on [[June 11]], [[2019]].<ref>{{Agenda-cityplanning|newid=65433|when=June 11, 2019|accessdate=2019-08-11}}</ref><ref>{{Minutes-cityplanning|newid=65867|when=June 11, 2019|accessdate=2019-08-11}}</ref> City Council approval passed the rezoning unanimously on its August 5, 2019 consent agenda.<ref>{{Agenda-citycouncil|newid=65714|when=July 1, 2019|accessdate=2019-08-11}}</ref><ref>{{Agenda-citycouncil|newid=66043|when=August 5, 2019|accessdate=2019-08-11}}</ref><ref>{{Cite web|url=https://www.cvilletomorrow.org/articles/city-council-members-moves-750-hinton-avenue-rezoning-to-next-consent-agenda/|title=City Council members move 750 Hinton Avenue rezoning to next consent agenda|last=Norah Mulinda|first=|publishdate=2019-08-11|publisher=Charlottesville Tomorrow|archive-url=|archive-date=|dead-url=|accessdate=2019-08-11}}</ref>  Note that any and all mention of housing for those with disabilities was erased from the application.
 
On [[September 6]], [[2019]] a group of individuals residing throughout the city [https://www.cvillepedia.org/File:Hawkey_et_al_v_Charlottesville_lawsuit_opposing_Rachels_Haven_2019-09-06.pdf filed a complaint] as ''pro se'' litigants against the Charlottesville City Council and each member of the Council individually, seeking to overturn the rezoning.<ref>{{Cite-progress|url=https://www.dailyprogress.com/news/local/neighbors-file-court-petition-to-overturn-belmont-church-rezoning/article_bc7df08e-1cff-5e34-afc7-efaad18375c0.html|title=Neighbors file court petition to overturn Belmont church rezoning|author=Nolan Stout|publishdate=September 7, 2019|accessdate=2019-09-07}}</ref> 
 
Signatories included [[Kimber Hawkey]], signing personally and not as a representative of the Belmont-Carton Neighborhood Association; [[Bill Emory]], former planning commissioner; [[Tomas Rahal]], former owner of [[Mas]] and current owner of Quality Pie; [[Ivana Kadija]], school health activist; and [[Brian Wimer]], Belmont filmmaker.
 
The complaint alleged several mistakes on the part of the city during the rezoning process. The pleading primarily argued against the commercial rezoning and pointed out what plaintiffs argued were problematic and injurious commercial practices from other rezoning projects that had occurred in the rest of Belmont that had been rezoned in [[2023]]
 
The complaint never argued against housing those with disabilities nor against affordable housing.  Indeed, neighborhood advocates had lobbied the Church for even more affordable units at less than 80%AMI as well as more units that would house, not only those with disabilities, but also the elderly. {{fact}}
 
Neighbors' primary objection to the rezoning was the presence of detrimental commercial activity that had already driven families out of Belmont Center  - all due to the excessive noise, influx of partiers, traffic, trash, and parking issues. 
 
Plaintiffs were also concerned that the project would result in market-rate or luxury apartments would be built instead.
 
On [[September 8]], [[2019]], the petition was [https://www.cvillepedia.org/File:Hawkey-amended-2019-09-08.pdf amended] to remove five names, including Emory and Wimer, and add eight additional names.
 
===Proffered development conditions===
In addition to the requirements of other applicable City ordinances: ZM19-0000:<ref>{{Minutes-cityplanning|newid=66043|when=August 5, 2019|accessdate=2019-08-11}}</ref>
 
#No more than 15 dwelling units shall be permitted on the Subject Property.
#A minimum of four (4) residential units within the multifamily dwelling on the Subject Property shall be restricted to residents with income at eighty percent (80%) or less of area median income ("AMI") as defined by the United States Department of Housing and Urban Development for the Charlottesville, Virginia Metropolitan Area.
#For the safety of residents within the multifamily dwelling, access to all interior common areas serving residential units shall be controlled through the use of entry locks.
#All non-residential uses (other than educational facilities (non-residential) and day care facilities) which are not accessory to a house of worship or to residential uses located on the Subject Property, shall be prohibited on the Subject Property.
#Permanent vehicular ingress and egress to the Subject Property shall be restricted to Rialto Street, provided that this restriction on vehicular access shall not take effect until such time as a building permit is issued for construction of any multifamily building. The City may require any site plan for any multifamily building proposed on the Subject Property to adhere to the vehicular ingress and egress limitation under this condition.
# The maximum height of buildings and structures shall be thirty-eight (38) feet.
# Setbacks shall be provided along primary street frontage as follows: six (6) feet minimum required; ten (10) feet, maximum.
 
With these proffers, the allowed usage is more restrictive than R-3, but allows smaller setback.
 
<gallery perrow="5" caption="Rachel's Haven project">
File:05142019-750 Hinton Avenue Zoning Notice x.JPG|Zoning Notice, image dated 5/14/2019.
File:Hawkey et al v Charlottesville lawsuit opposing Rachels Haven 2019-09-06.pdf |Hawkey et al v Charlottesville lawsuit opposing Rachels Haven 2019-09-06
File:Hawkey-amended-2019-09-08.pdf | Hawkey et al amended 2019-09-08
File:Hawkey et al v Charlottesville - Plea in Bar and Demurrer 2019-09-25.pdf | Plea in Bar and Demurrer, comprising city's response to lawsuit 2019-09-25
</gallery>
 
==References==
==References==
<references/>
{{reflist}}
 
==External Links==
==External Links==
<!--Use this line if there are links that are not references e.g. *[http://www... official site]-->
<!--Use this line if there are links that are not references e.g. *[http://www... official site]-->


[[Category:Addresses]]
[[Category:Addresses]]
[[Category:Property proffered conditions]]

Latest revision as of 08:53, 21 October 2023

2013-750 HINTON AVENUE.jpg
Hinton Avenue Methodist Church

750 Hinton Avenue
Location Hinton Avenue
Type R-1S (low-density residential, small lot)
Lot Size 0.7580
Non-Residential State Code: Exempt Religious

750 Hinton Avenue is the address of the Hinton Avenue United Methodist Church (also called the Hinton Avenue UMC). The first church building at this site was constructed in 1909, renovated in 1948 and again in 1958 to its present configuration. Originally part of the Belle Mont Estate property, the a 0.76-acre site is on the northwest corner of Hinton Avenue and Church Street - one block north of the Belmont Neighborhood commercial area. Contiguous to the Belmont Manson property at 759 Belmont Avenue, 750 Hinton Avenue is within the North Belmont Neighborhood Historic District boundaries.

Base information

Location Map, 750 Hinton Avenue
Zoning Map, 750 Hinton Avenue outlined
Zoning Map, 750 Hinton Avenue, 759 Belmont Avenue

Proffers

Refer to: Rachel's Haven project below.

Note: Once accepted by the governing body, proffers become part of the zoning regulations applicable to the land and they run with the land until it is rezoned (there are exceptions). The Albemarle County Land Use Law Handbook Kamptner/July 2019

Legal description

City of Charlottesville, Lots 1-7 Bk 12 Belmont Subdivision

Adjacent properties

Ownership History

  • Charles Bankhead (before 1820)
  • John Winn (1820)
  • Slaughter W. Fincklin (1847)
  • Belmont Land Co. and Charlottesville Land Co.

Significance

The oldest church in the neighborhood, Hinton Avenue United Methodist Church occupies part of the once 539 acre farm Belle-Mont owned by John Winn until his death in 1837. The first church building at this site was constructed in 1909, then was renovated in 1948 and 1958 to its present configuration and appearance executed in the Gothic Revival style. Stylistic elements on the brick church include buttresses, large expanses of tracery windows, pointed arched openings, gable-roofed end parapet walls, and the arched loggia across the front of the church.[1]

Current usage

According to the Hinton Avenue United MC website, the property is currently being used by the church to: offer free clothes and fellowship through their "Clothes Closet", meals for the hungry in the "Family Kitchen", worship and learning opportunities on Sundays and during the week; the building is home to a satellite campus of The International School of Charlottesville, a French and Spanish language immersion preschool, Boy Scout Troop 37, and several AA, NA, and Al Anon chapters.[2]

May 14, 2019 Planning Commission Meeting Notice (imaged dated 5/14/2019)

Rachel's Haven project

Rachel's Haven

750 Hinton Avenue
Location Hinton Avenue
Use Type Apartments (supportive housing, including 30% for people with developmental disabilities)
Lot Size 0.7580
Residential units 15 units
Architect Andrew S. Thomas, Architect
Owner Hinton Avenue United Methodist Church
Approval Process Rezoning to NCC
Approval Conditions 4 units affordable at 80% AMI (indefinitely)
Date Approved 2019
Application # ZM19-00001

750 Hinton Avenue is a property in the Belmont neighborhood that contains a place of worship that has for many years been the home of the Hinton Avenue United Methodist Church. A rezoning to allow residential units was opposed by several neighbors. While approved by Council, the project has not progressed much further Template:Asof late 2023.

Rezoning

In early 2019, the church applied for a rezoning for the property seeking a change in zoning from the existing R-1S (low-density residential, small lot) to NCC (Neighborhood Commercial Corridor Mixed Use) subject to proffered development conditions. The stated purpose of the rezoning was to allow construction of a multifamily building containing up to 15 units (for a total density of 19.7 DUA) with commercial uses, market rate units, and ostensibly housing for those with disabilities. Within the current R-1S zoning district, multifamily dwellings are not permitted.

The item was originally on the Planning Commission's regular agenda for Tuesday, May 14, 2019 but was deferred until the June 2019 Planning Commission meeting.[3]

The Planning Commission voted 6-0 to recommend approval on June 11, 2019.[4][5] City Council approval passed the rezoning unanimously on its August 5, 2019 consent agenda.[6][7][8] Note that any and all mention of housing for those with disabilities was erased from the application.

On September 6, 2019 a group of individuals residing throughout the city filed a complaint as pro se litigants against the Charlottesville City Council and each member of the Council individually, seeking to overturn the rezoning.[9]

Signatories included Kimber Hawkey, signing personally and not as a representative of the Belmont-Carton Neighborhood Association; Bill Emory, former planning commissioner; Tomas Rahal, former owner of Mas and current owner of Quality Pie; Ivana Kadija, school health activist; and Brian Wimer, Belmont filmmaker.

The complaint alleged several mistakes on the part of the city during the rezoning process. The pleading primarily argued against the commercial rezoning and pointed out what plaintiffs argued were problematic and injurious commercial practices from other rezoning projects that had occurred in the rest of Belmont that had been rezoned in 2023

The complaint never argued against housing those with disabilities nor against affordable housing. Indeed, neighborhood advocates had lobbied the Church for even more affordable units at less than 80%AMI as well as more units that would house, not only those with disabilities, but also the elderly. [citation needed]

Neighbors' primary objection to the rezoning was the presence of detrimental commercial activity that had already driven families out of Belmont Center - all due to the excessive noise, influx of partiers, traffic, trash, and parking issues.

Plaintiffs were also concerned that the project would result in market-rate or luxury apartments would be built instead.

On September 8, 2019, the petition was amended to remove five names, including Emory and Wimer, and add eight additional names.

Proffered development conditions

In addition to the requirements of other applicable City ordinances: ZM19-0000:[10]

  1. No more than 15 dwelling units shall be permitted on the Subject Property.
  2. A minimum of four (4) residential units within the multifamily dwelling on the Subject Property shall be restricted to residents with income at eighty percent (80%) or less of area median income ("AMI") as defined by the United States Department of Housing and Urban Development for the Charlottesville, Virginia Metropolitan Area.
  3. For the safety of residents within the multifamily dwelling, access to all interior common areas serving residential units shall be controlled through the use of entry locks.
  4. All non-residential uses (other than educational facilities (non-residential) and day care facilities) which are not accessory to a house of worship or to residential uses located on the Subject Property, shall be prohibited on the Subject Property.
  5. Permanent vehicular ingress and egress to the Subject Property shall be restricted to Rialto Street, provided that this restriction on vehicular access shall not take effect until such time as a building permit is issued for construction of any multifamily building. The City may require any site plan for any multifamily building proposed on the Subject Property to adhere to the vehicular ingress and egress limitation under this condition.
  6. The maximum height of buildings and structures shall be thirty-eight (38) feet.
  7. Setbacks shall be provided along primary street frontage as follows: six (6) feet minimum required; ten (10) feet, maximum.

With these proffers, the allowed usage is more restrictive than R-3, but allows smaller setback.

References

  1. http://www.historicmapworks.com/Buildings/index.php?state=VA&city=759%20Belmont%20Avenue&id=32684, National Register of Historic Places Registration Form North Belmont Neighborhood Historic District DHR#104-5082 VLR Listed: 12/14/2017 NRHP Listed: 5/31/2018, accessed 5/16/2019
  2. http://hintonavenueumc.org/ Hinton Avenue UMC website, accessdate=May 15, 2019.
  3. Web. Agenda for May 14, 2019 Charlottesville Planning Commission, City of Charlottesville, May 14, 2019., retrieved May 15, 2019.
  4. Web. Agenda for June 11, 2019 Charlottesville Planning Commission, City of Charlottesville, June 11, 2019., retrieved 2019-08-11.
  5. Web. Charlottesville Planning Commission meeting minutes, .pdf, City of Charlottesville, June 11, 2019.
  6. Web. Agenda for July 1, 2019 Charlottesville City Council, City of Charlottesville, July 1, 2019., retrieved 2019-08-11.
  7. Web. Agenda for August 5, 2019 Charlottesville City Council, City of Charlottesville, August 5, 2019., retrieved 2019-08-11.
  8. Web. City Council members move 750 Hinton Avenue rezoning to next consent agenda, Charlottesville Tomorrow, 2019-08-11, retrieved 2019-08-11.
  9. Web. Neighbors file court petition to overturn Belmont church rezoning, Nolan Stout, Daily Progress, Lee Enterprises, September 7, 2019, retrieved 2019-09-07.
  10. Web. Charlottesville Planning Commission meeting minutes, .pdf, City of Charlottesville, August 5, 2019.

External Links