HomeMy WebLinkAbout2005-12-14
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BOARD OF SUPERVISORS
FINAL
DECEMBER 14, 2005
6:00 P.M., MEETING ROOM 241
COUNTY OFFICE BUILDING
1. Call to Order.
2. Pledge of Allegiance.
3. Moment of Silence.
4. From the Public: Matters Not Listed on the Agenda.
5. Consent Agenda (on next page).
6. SP-2005-022. Berean Baptist Church Minor Amendment (Si~n #72). Public hearing on a
request to allow expansion of existing church in accord wlSec 13.2.2.10 of the Zoning Ord which
allows churches in R-1. TM 76 P 51 B contains 4.0 acs. Loc at 1284 Sunset Ave in the ECOD.
Samuel Miller Dist.
7. SP-2005-023. Ford, Linda - Alltel Tier III PWSF (Sh::m #77). Public hearing on a request to
allow replacement of existing 43-foot tall wooden power pole wi new 53-foot tall wood pole that
would allow co-location of personal wireless fac in addition to existing power lines. This
application is being made in accord wlSec [10.2.2.48] of the Zoning Ord which allows for Tier II
personal wireless service fac in the RA district. TM 59 P 80C, contains 155.45 acs. Znd RA & EC.
Loc adj to S side of Ivy Rd (Rt 250 W) across from intersec with Old Ballard Rd (Rt 677) & the
Christian Aid Mission. Samuel Miller Dist.
8. Public hearing: FY 2006/07-FY 2011/12 Six Year Secondary Road Program.
9. From the Board: Matters Not Listed on the Agenda.
10. Adjourn to December 15, 2005, 3:00 p.m., for Joint Meeting with Legislators.
CONSENT AGENDA
FOR APPROVAL:
5.1 Approval of Minutes: November 3, and December 1, 2004; June 1, August 3 and September 14A,
2005.
5.2 Resolution approving the issuance of revenue bonds by the Industrial Development Authority of
the City of Charlottesville in the amount not to exceed $2,850,000 to assist the Recording for the
Blind & Dyslexic, Inc.
5.3 Set public hearing for January 11, 2006 to receive input on potential projects for Community
Development Block Grant.
FOR INFORMATION:
5.4 Copy of draft Planning Commission minutes for November 15, 2005.
ACTIONS
Board of Supervisors of December 14, 2005
6:00 P.M., Meetina Room 241
December 16, 2005
AGENDA ITEM/ACTION ASSIGNMENT
1. Call to Order.
. Meeting was called to order at 6:07 p.m. by the
Chairman, Mr. Rooker. All BOS members were
present (note: Mr. Boyd arrived at 6: 1 0 p.m.).
Also present were Bob Tucker, Larry Davis, V.
Wayne Cilimberq and Debi Moyers.
4. From the Public: Matters Not Listed on the Agenda.
. Rhett Ripplinger, coordinator of the Rivanna
Citzens' Committee, spoke. He said the
committee represents the nearly 2,000 citizens
living and owning land in the Village of Rivanna
designated growth area. In general, the
citizens think that the Comprehensive Plan and
the Neighborhood Model should be followed by
the Board. The citizens would like three things:
to master plan the Village of Rivanna, the
County accept the 27 acres proffered in 1990
and hold it in perpetuity for a school or other
public use and arrange for their representation
on the Planning Commission. Thanked Mr.
Bowerman for his public service.
. Tom Loach, a resident of Crozet, said he would
like to respond to the Board's discussion at the
last meeting on the status of the growth areas,
master planning and the neighborhood model.
Stated the process of developing the Crozet
Master Plan is not the problem. It is the
implementation of the plan that lies at the heart
of the complaints. In short, it is the Board's
inability to respond to the changes required to
make the plan work.
. Jeff Werner spoke on behalf of the Piedmont
Environmental Council. Asked the Board to
become directly involved in the Gardner Landfill
situation in Cismont. He also spoke about the
debate last week on the Neighborhood Model.
Said it is inaccurate to blame the Model for
growth or for the community's anxiety over that
growth. Said the perpetuation of the myth that
the Model creates unaffordable housing must
stop. Said the Model does not force a
developer to submit a plan that would not work
and that undue delays are not a unique result of
the Model.
. John Martin, who lives in Free Union and is a
member of the Friends of the Moorman's River,
said constitutional democracies would not work
at all without fine, dedicated service of persons
like Mr. Bowerman. As a citizen, he would like
to sincerely express his gratitude for all the
service he has provided the community over the
sixteen years as a member of the Board of
Su pervisors.
. The following peoplelorganizations recognized
and expressed gratitude to David Bowerman:
Liz Palmer, League of Women Voters; Steven
Meeks, Thomas Jefferson Soil & Water
Conservation District; Jack Marshall, Advocates
for a Sustainable Albemarle Population; David
Toscano, Delegate-Elect and former City
Councilman; Jerry McCormick Ray, Citizens of
Albemarle; Leslie Middleton, Citizen of
Charlottesville and the Ivy Creek Foundation;
Kay Slaughter, former City Councilwoman,
Southern Environmental Law Center; Marcia
Joseph, Planning Commission member;
Rodney Thomas, Planning Commission
member; Jeff Werner, Piedmont Environmental
Council; and Sherry Buttrick, Virginia Outdoors
Foundation. Mr. Bowerman said he will never
forget the sentiments that everyone has
expressed tonight. Said it has been a good
twenty-six years and would not have missed it
for the world. Thanked everyone including his
wife, Mimi.
5.2 Resolution approving the issuance of revenue Clerk: Forward signed resolution to McGuire
bonds by the Industrial Development Authority of Woods.
the City of Charlottesville in the amount not to (Attachment 1)
exceed $2,850,000 to assist the Recording for the
Blind & Dyslexic, Inc.
. ADOPTED resolution.
5.3 Set public hearing for January 11, 2006 to receive Clerk: Advertise and schedule on January 11,
input on potential projects for Community 2006 agenda.
Development Block Grant.
. SET public hearing for Januarv 11, 2006.
6. SP-2005-022. Berean Baptist Church Minor Clerk: Set out conditions of approval.
Amendment (Sign #72). (Attachment 2)
. APPROVED SP-2005-022, by a vote of 6:0,
subject to the five conditions recommended by
the Planning Commission with the following
conditions being modified at the meeting.
. Condition number 1, remove the word concept
and change date to August 22, 2005.
. Condition number 2, Change floor plan to floor
area.
. Condition number 3, remove the word
application and change date to August 22,
2005.
7. SP-2005-023. Ford, Linda - Alltel Tier III PWSF Clerk: Set out conditions of approval.
(Sign #77). (Attachment 2)
. APPROVED SP-2005-023, by a vote of 6:0,
subject to the nine conditions recommended by
the Planninq Commission.
8. Public hearing: FY 2006/07-FY 2011/12 Six Year
Secondary Road Program.
. HELD.
. Ms. Thomas pointed out that on page 6 of Clerk: Forward comments to Wayne
Attachment A, "712 North Garden Lane", which CilimberglDavid Benish/Juan Wade.
is to be paved as part of 712 between Route
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713 and Route 795, sounds logical on paper
but 712 North Garden Lane is near North
Garden and the 712 Coles Rolling Road not
Russet Road up above it is near Scottsville.
The two projects would not make sense to
combine together. They are many miles apart.
. Ms. Thomas said her urban constituents in the
Sunset Avenue/Old Lynchburg Road often tell
her how terrible the impact is of the new
developments on Sunset Avenue. By next
year, she would like to have a new traffic count
on Sunset Avenue.
. Mr. Wyant, after the public hearing, said he will
contact VDOT regarding Route 736, White
Mountain Road which has been addressed
today as too narrow and dangerous.
. Mr. Boyd asked about the possibility of dividing
Doctor's Crossing into multiple projects that
might allow the County to fund part of it. Mr.
Cilimberg said he will talk to VDOT about that.
. Mr. Rooker asked if the other Board members
had received information on the Transportation Clerk: Proceed as directed.
Partnership Opportunity Fund Guidelines and
Criteria. There may be some opportunity for
the County to apply for a grant or an interest
free loan this year. Asked the Clerk to make
copies and distribute to other Board members.
9. From the Board: Matters Not Listed on the Agenda.
David Wyant:
. Brought up the closing of the Brown's Gap
Turnpike as a public road. Mr. Davis said this
proposal has been again offered by that
property owner in relation to an application for
an ACE easement for that property. The issues
are basically the same as they were 15 years
ago. Mr. Wyant said the ACE Committee
wanted to move ahead if the applicant wanted
to continue with the application without the
closure of the road. Said he cannot get an
agreement between that property owner and
the other property owners. Said he is not
interested in having staff do a report and
bringing to a public hearing. Mr. Bowerman
said unless the circumstances have really
changed, you would not get a consensus.
. Talked about small businesses out in the rural
area and the issues the Board will be facing as
they deal with the County's rural plan.
Sally Thomas:
. Brought up letter from Margaret Marsh
concerning the number of homeless dogs and
cats in Virginia and her recommendations.
Asked if the Board members had any interest
in. Mr. Davis stated a lot of the suggestions are
about collecting the maximum fine; the fines are
at the discretion of the judge and the judge may
or may not choose to enforce the maximum
fine. Said the County has struggled with the
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increased enforcement issue. The allocation of
resources to enforce the animal laws has been
a topic of ongoing discussion.
. Spoke about the meeting she attended last
week. A lot of it had to do with how we are
going to finance to clean up the waters in the
Chesapeake Bay. It is going to be an
expensive proposition. Said the Governor is
proposing more money for the point sources.
She will keep the Board informed.
David Bowerman:
. Said this will be the last time he will be in this
one room and meet and be with everyone. He
will miss everyone.
Ken Boyd:
. He said some people misunderstood what he
was trying to say last week regarding
Neighborhood Model issues. Was going to
address tonight but will save for discussion at
an upcominq meetinq.
. Non-Agenda.
. At 7:35 p.m., the Board went into closed
session pursuant to Section 2.2-3711 (A) of the
Code of Virginia, under subsection (7) to
discuss with legal counsel and staff specific
legal issues regarding an interjurisdictional
agreement for joint court facilities and the
negotiation of a related contract.
. At 8:10 p.m., the Board reconvened into open
session and certified the closed session.
10. Adjourn to December 15, 2005, 3:00 p.m., for Joint
Meeting with Legislators.
. The meetinQ was adjourned at 8:10 p.m.
Idjm
Attachment 1 - Resolution approving the issuance of revenue bonds by the Industrial Development
Authority of the City of Charlottesville in the amount not to exceed $2,850,000 to assist
the Recording for the Blind & Dyslexic, Inc.
Attachment 2 - Conditions of Approval for Planning Items.
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ATTACHMENT 1
RESOLUTION
OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF ALBEMARLE, VIRGINIA
WHEREAS, the Industrial Development Authority of Albemarle County, Virginia (the "Authority"),
has been asked by Recording for the Blind & Dyslexic, Inc. (the "Company"), a non-profit, Virginia
nonstock corporation, to approve the issuance of a revenue bond by the Industrial Development Authority
of the City of Charlottesville, Virginia (the "Charlottesville Authority") in an amount not to exceed
$2,850,000 ("Bond") to assist the Company in financing the acquisition, construction and equipping of a
new headquarters facility for the Company's Regional Unit of the Virginias and Carolinas, to house its
regional administrative offices and recording facilities consisting of approximately 11,650 square feet
("Project") to be located on Greenbrier Drive just west of Route 29 in the County of Albemarle, Virginia,
and has held a public hearing on December 8, 2005;
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"),
provides that the governmental unit having jurisdiction over the area in which any facility financed with the
proceeds of private activity bonds is located must approve the issuance of the bonds;
WHEREAS, the Project is to be located in the County of Albemarle, Virginia (the "County") and
the Board of Supervisors of the County of Albemarle, Virginia ("Board") constitutes the highest elected
governmental unit of the County;
WHEREAS, the Authority has recommended that the Board approve the issuance of the Bond;
and
WHEREAS, a copy of the Authority's resolution approving the issuance of the Bond, subject to
the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been
filed with the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE
COUNTY OF ALBEMARLE, VIRGINIA:
1. The Board approves the issuance of the Bond by the Charlottesville Authority for the benefit of
the Company, as required by Section 147(f) of the Code and Section 15.2-4906 of the Code of Virginia
of 1950, as amended ("Virginia Code") to permit the Authority to assist in the financing of the Project.
2. The Board concurs with the resolution adopted by the Charlottesville Authority and approves the
issuance of the Bond by the Charlottesville Authority for the benefit of the Company as required by
Section 15.2-4905 of the Act.
3. The approval of the issuance of the Bond does not constitute an endorsement to a prospective
purchaser of the Bond of the creditworthiness of the Project or the Company.
4. This resolution shall take effect immediately upon its adoption.
Adopted by the Board of Supervisors of the County of Albemarle, Virginia this 14th day of
December, 2005.
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ATTACHMENT 2
SP-2005-022. Berean Baptist Church Minor Amendment (Sian #72). Public hearing on a
request to allow expansion of existing church in accord w/Sec 13.2.2.10 of the Zoning Ord which allows
churches in R-1. TM 76 P 51 B contains 4.0 acs. Lac at 1284 Sunset Ave in the ECOD. Samuel Miller
Dist.
1. The improvements and the scale and location of the improvements shall be developed in general
accord with the plan dated August 22, 2005;
2. The floor area of the proposed addition will be no larger than fifty-one hundred (5,100) square
feet;
3. The construction of the church expansion, as shown on the plan dated August 22, 2005 and titled
Berean Baptist Church, shall commence within five (5) years of the approval of this special use
permit or this special use permit shall expire;
4. There shall be no daycare center or private school provided on site without approval of a
separate special use permit; and
5. Connection to public sewer or installation of septic system as approved by the Health Department
prior to issuance of building permit.
SP-2005-023. Ford. Linda - Alltel Tier III PWSF (Sian #77). Public hearing on a request to
allow replacement of existing 43-foot tall wooden power pole w/ new 53-foot tall wood pole that would
allow co-location of personal wireless fac in addition to existing power lines. This application is being
made in accord w/Sec [10.2.2.48] of the Zoning Ord which allows for Tier II personal wireless service fac
in the RA district. TM 59 P 80C, contains 155.45 acs. Znd RA & EC. Lac adj to S side of Ivy Rd (Rt 250
W) across from intersec with Old Ballard Rd (Rt 677) & the Christian Aid Mission. Samuel Miller Dist.
1. The replacement power pole, antennas and ground equipment shall all be sized, located,
installed and maintained in general accord with the site construction drawings of the facilities,
structure elevations and schematic drawings, entitled "Alltel - Linda Ford Bucks", last revised
November 7,2005 and initialed SBW on November 8,2005;
2. Prior to the issuance of a building permit, the applicant shall submit a final revised set of site
construction drawings of the facility. Planning staff shall review the revised plans to ensure that
all appropriate conditions of this special use permit have been addressed;
3. The top of the replacement pole antenna shall not exceed a height of fifty-three (53) feet above
ground and elevation of seven hundred thirty-one (731) feet above sea level;
4. The replacement pole shall be of a color and finish that is consistent with the other existing poles
that are to remain within the power line easement, and the antennas shall be painted to match
that color and flat finish as well;
5. The ground equipment cabinets shall be painted a flat, natural dark brown color and/or screened
in accordance with the requirements of the Architectural Review Board;
6. The gravel access road shall be screened from State Route 250 in accordance with the
requirements of the Architectural Review Board;
7. The facility shall be disassembled and removed from the site within ninety (90) days of the date
its use for personal wireless service purposes is discontinued. If the agent determines at any
time that surety is required to guarantee that the facility will be removed as required, the agent
may require that the parcel owner or the owner of the facility submit a certified check, a bond with
surety, or a letter of credit, in an amount sufficient for, and conditioned upon, the removal of the
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facility. The type and form of the surety guarantee shall be to the satisfaction of the agent and the
county attorney. In determining whether surety should be required, the agent shall consider the
following: (i) the annual report states that the tower or pole is no longer being used for personal
wireless service facilities; (ii) the annual report was not filed; (iii) there is a change in technology
that makes it likely the tower or pole will be unnecessary in the near future; (iv) the permittee fails
to comply with applicable regulations or conditions; (v) the permittee fails to timely remove
another tower or pole within the county; and (vi) whenever otherwise deemed necessary by the
agent;
8. The owner of the facility shall submit a report to the agent by no earlier than May and no later
than July 1 of each year. The report shall identify each user of the existing structure, and include
a drawing, photograph or other illustration identifying which equipment is owned andlor operated
by each personal wireless service provider. Multiple users on a single tower or other mounting
structure may submit a single report, provided that the report includes a statement signed by a
representative from each user acquiescing in the report; and
9. Certification by a registered surveyor stating the height of the replacement pole, measured both in
feet above ground level and in elevation above mean sea level, and using the benchmarks or
reference datum identified on the construction plan shall be submitted to the agent after
installation of the monopole is completed and prior to issuance of a certificate of occupancy.
7
PLEASE SIGN BELOW IF YOU WISH TO SPEAK ON
MATTERS NOT LISTED ON THE AGENDA
FROM THE PUBLIC - DECEMBER 14, 2005
The following guidelines will be used:
15 MINUTES ARE ALLOTED FOR THIS PORTION OF THE AGENDA
EACH SPEAKER IS ALLOTTED 5 MINUTES. HOWEVER, IF MORE THAN 3
SPEAKERS SIGN UP, INDIVIDUALS WILL DIVIDE THE 15 MINUTES
ACCORDINGL Y
PLEASE GIVE ANY WRITTEN STATEMENTS TO THE CLERK.
NAME (Please print clearly) PHONE NUMBER/ADDRESS (Optional)
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Page 1 of 1
Oebi Moyers
From: Diane Mullins
Sent: Thursday, December 15, 2005 11: 14 AM
To: Debi Moyers
Subject: 12/14/05 Agenda Info.
David Bowerman Recognition Speakers:
1. John Martin, Friends of the Moorman's River
2. Liz Palmer, League of Women Voters
3. Steven Meeks, Thomas Jefferson Soil & Water
4. Jack Marshall, Albemarle Sustainability
5. David Toscano, Delegate-Elect and former City Councilman
6. Jeri McCormick Ray, Citizens for Albemarle (not sure of spelling)
7. Leslie Middleditch
8. Kay Slaughter, Former City Councilwoman, Southern Environmental Law
9. Marcia Joseph
10. Jeff Werner, Piedmont Environmental Council
11. Sherry Buttrick, Virginia Outdoors Foundation
Six YeacRo!:'!d Plan Speakers:
1. Dale Abrahamse - Rocky Hollow Road
2. Paula Brown Steedly - Doctors' Crossing
3. Hollis Golden - Doctors' Crossing (not sure of spelling)
4. Ronald Hahn - Rt. 736 (White Mountain Road)
5. Eric Mary - Rt. 736 (White Mountain Road)
6. Ronald Hahn - Rt. 736 (White Mountain Road) Additional comments
7. James Jackson - Doctors' Crossing
8. Granville Brown - Rock Hollow Road
Let me know if I missed any or got any information wrong.
Diane B. Mullins
County Executive's Office
County of Albemarle
Phone: (434) 296-5841
Fax: (434) 296-5800
12/16/2005
BOARD OF SUPERVISORS
DECEMBER 14, 2005
6:00 P.M. MEETING
COUNTY OFFICE BUILDING
<it
SIRS,
MY NAME IS RHETT RIPPLINGER AND I AM THE CO-ORDINATOR OF THE
RIV ANNA CITIZENS' COMMITTEE. WE REPRESENT THE NEARLY 2000
CITIZENS LIVING AND OWNING LAND IN THE VILLAGE OF RIV ANNA
DESIGNATED GROWTH AREA. WE CHEARFULL PAY PROPERTY TAXES ON
NEARL Y ONE-HALF BILLION DOLLARS OF REALEST ATE. WE PROBABLY
SPEND OVER $10,000,000 ANNUAL Y IN THE LOCAL ECONOMY. LIKE SO
MANY OF YOU WE WORK, PLAY, VOLUNTEER, AND TOT ALLY ENJOY OUR
COMMUNITY. WE HAVE SEVERAL MEMBERS OF OUR COMMUNITY WHO
HA VE BEEN SELECTED ALBEMARLE CITIZEN OF THE YEAR. ONE OF OUR
NUMBERS WORKED BEHIND THE SCENES TO HELP SOLVE THE WATER
A V AILITY PROBLEM. A LOT OF US ARE RETIRED AND IN OUR GOLDEN
YEARS AFTER A LOT OF HARD WORK. MOST OF US LIKE MOST OF YOU
CAME FROM OUT-OF TOWN; WE DO NOT HOLD THAT AGAINST YOU.
I DON'T THINK WE COMPLAIN A LOT. WHAT DO WE REALL Y HAVE TO
COMPLAIN ABOUT MOST OF THE TIME?
HOWEVER, I AM HERE TO COMPLAIN ON THEIR BEHAF.
#1. YOU ARE ASKING US TO TRUST YOUR PLANNING COMMISSION AND GO
ALONG WITH THE RE-ZONING OF NEARLY 100 ACRES IN OUR VILLAGE
WITHOUT THE COMMISSION FOLLOWING YOUR COMPREHENSIVE PLAN.
AS YOU HAVE TOLD US MANY TIMES, LEAGALL Y NEITHER YOU NOR THE
PLANNING COMMISION HAS TO FOLLOW THE COMPRENSIVE PLAN.
HOWEVER, THE ST ATE SAYS, AND I QUOTE "THE COMPRESENSIVE PLAN
SHALL (my emphasis, NOT SHOULD) BE MADE WITH THE PURPOSE OF
GUIDING AND ACCOMPLISHING A COORDINATED, ADJUSTED AND
HARMONIOUS DEVELOPMENT OF THE TERRITORY WHICH WILL, IN
ACCORDANCE WITH PRESENT AND PROBABLE FUTURE NEEDS AND
RESOURCES, BEST PROMOTE THE HEALTH, SAFETY, MORALS, ORDER,
CONVIENCE, PROSPERTY AND GENERAL WELFARE OF THE INHABITANTS,
INCLUDING THE ELDERLY AND PERSONS WITH DISABILITIES." WHEN ANY
ONE ON THE BOARD OR THE COMMISSION OR STAFF SA YS THAT YOU ARE
NOT OBLIGATED TO FOLLOW YOUR COMPREHENSIVE PLAN THEY ARE
DOING THE CITIZENS OF OUR COUNTY A GREAT DISSERVICE.
YOU HAVE NOT ADEQUA TEL Y GIVEN US A PLACE AT THE TABLE.
WE WANT TO MASTER PLAN THE VILLAGE OF RIV ANNA, BEFORE THE
ZMA CREATING THE COUNTY "GUINEA PIG" OF RIV ANNA VILLAGE.
#2 YOU SHALL ACCEPT THE 27 ACRES PROFFERED IN 1990 AND HOLD IT IN
PERPETUITY FOR A SCHOOL OR OTHER PUBLIC USE
#3. YOU SHALL ARRANGE FOR OUR REPRESENTA nON ON THE PLANNING
COMMISSION
IN GENERAL THE CITIZENS OF THE VILLAGE OF RIV ANNA THINK THAT
THE COMPREHENSIVE PLAN AND THE NEIGHBORHOOD MODEL IS THE
BEST THAT MONEY CAN BUY YOU REALL Y OUGHT TO FOLLOW IT
THE CITIZENS OF RIVANNA ARE GOOD PEOPLE. AS ,\RE YOL THEY ARE
NOT SELFISH AND ARE NOT FlGHTlNG SMART GRO\VTH THEY JUST
WANT A SEAT AT THE TABLE
WE WANT OUR VILLAGE TO BE THE BEST IT C.\'\ BE WE \Y/'...:" TrHE
GREAT PEOPLE OF ABLEMARLE TO BE AS PROLD OF OUR VILLAGE AS \VE
ARE.
THANK YOU FOR YOUR PUBLIC SERViCE Ai\D ESPECL\LL '{ urOl\ THE
OCCASION OF HIS RETIREMENT GOD SPEED TO l\iJR BOWERMAN
I AM RESPECTFULLY YOURS.
RHETT R. RIPPLINGER
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PIEDMONT ENVIRONMENTAL COUNCIL
l'J'i!1lll!tili/ll7lid /,J'l!teaili/1 tbe l'iedlll I! II I 's l"/Il'il! e(OIiI!IIlf, IliltllJ'll! J'eSl!lIJ'as, !JistoJ'1' Ilnd bellllt1'
Statement to the Albemarle County Board of Supervisors
December 14,2005
Good evening, I am Jeff Werner, speaking on behalf of the Piedmont Environmental Council.
Gardner Land Fill in Cismont
I am here to ask you to become directly involved in the Gardner Landfill situation in Cismont. I suspect
you know the history of this site and the County's efforts to mitigate the environmental impact of the
accumulated debris and construction materials. The issue of unregulated landfills will not end with the
Gardner site and what the County does here could--or rather, it should--establish the protocol for dealing
with inevitable, future situations.
Of specific concern is the disposal of the materials being removed from the Gardner site. According to the
attorney representing an adjoining land owner, materials are being removed from the site without a record
of where the-bave been taken. There is no evidence that the material is being sent to a regulated facility or
being transported by qualified handlers. With reported late-night removals and an unknown destination
there is reason to be concerned about the disposition of this material.
For valid reasons the County has turned this over to the attorneys. However, while the County focuses on
protecting itself, the interests of residents adjacent to and downstream of the Gardner site might suffer.
Please take a harder look at how this issue is being handled.
Neighborhood Model
Last week, there was debate on the Neighborhood Model. Local residents ~ concerned about growth in
Albemarle. It is inaccurate however to blame the Model for growth--or for the community's anxiety over
that growth.
We know that the growth potential for Crozet did not change as a result of the Master Plan. Had Crozet
been developed per the previous Comp Plan, we would hear the same complaints about the lagging
concurrency of the related schools, roads, and public services. The current concern in Crozet is with the
implementation of the public infrastructure that must keep pace with the growth-whether that growth is
per the Master Plan or per the previous Plan.
It was suggested that the Model was thrust onto this community by outside consultants. This is not true.
The original DISC committee was made up of a diverse group of local residents. The consultants for the
Crozet Master Plan were local firms. And, if there are questions about the Model, there is a still a DISC II
Committee whose members were appointed by you.
The Model does not force a developer to submit a plan that won't work. Old Trail would not have been
proposed if )Nere not a marketable project; which it has turned out to be.
Headquarters
P.O. Box 460
Albemarle
410 East Water Street
Suite 700
Charlottesville, VA 22902
Clarke
30 East Main Street
Berryville, VA 22611
540-955-9000
Fax 540-955-9010
Loudoun
S02 Children's Center Rd. S.W.
Leesburg, VA 20175
703-669-4990
Fax 703-669-2213
Orange
130 W. Main St., Src. 206
P.O. Box 266
Orange, VA 22960
540-672-0141
Fax 540-672-6265
Rappahannock
12717 L"" Highwav
Washington, VA 22747
S40-9S7-9441
fax 540-987-9443
Some say the Model creates undue delays. There have always been delays in the review of major projects.
This is not a unique result of the Model. Most of the projects being debated involve major rezonings,
requiring significant proffers discussions; usually for substantial infrastructure and transportation issues;
issues that would exist even without the Model.
Finally, we continue to hear that the Model creates unaffordable housing. The perpetuation of this myth
must stop. If inflated housing prices are the function of direct costs, then wouldn't we expect to see
significantly lower prices for homes in by-right developments or for the homes in older subdivisions?
Market determines price, and builders and developers will sell at what the market will bear. Even under
the previous Comp Plan, affordable housing was an issue. Affordable housing wasn't being built prior to
adopting the Model, so how did it create the problem? It is either uninformed or disingenuous to place the
blame on the Neighborhood Model.
t") I,
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RESOLUTION
OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF ALBEMARLE, VIRGINIA
WHEREAS, the Industrial Development Authority of Albemarle County, Virginia (the "Authority"),
has been asked by Recording for the Blind & Dyslexic, Inc. (the "Company"), a non-profit, Virginia
nonstock corporation, to approve the issuance of a revenue bond by the Industrial Development Authority
of the City of Char1ottesville, Virginia (the "Charlottesville Authority") in an amount not to exceed
$2,850,000 ("Bond") to assist the Company in financing the acquisition, construction and equipping of a
new headquarters facility for the Company's Regional Unit of the Virginias and Carolinas, to house its
regional administrative offices and recording facilities consisting of approximately 11,650 square feet
C'Project") to be located on Greenbrier Drive just west of Route 29 in the County of Albemarle, Virginia,
and has held a public hearing on December 8, 2005;
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"),
provides that the governmental unit having jurisdiction over the area in which any facility financed with the
proceeds of private activity bonds is located must approve the issuance of the bonds;
WHEREAS, the Project is to be located in the County of Albemarle, Virginia (the "County") and
the Board of Supervisors of the County of Albemarle, Virginia ("Board") constitutes the highest elected
governmental unit of the County;
WHEREAS, the Authority has recommended that the Board approve the issuance of the Bond;
and
WHEREAS, a copy of the Authority's resolution approving the issuance of the Bond, subject to
the tenTIS to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been
filed with the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE
COUNTY OF ALBEMARLE, VIRGINIA:
1. The Board approves the issuance of the Bond by the Charlottesville Authority for the
benefit of the Company, as required by Section 147(f) of the Code and Section 15.2-4906 of the Code of
Virginia of 1950, as amended C'Virginia Code") to permit the Authority to assist in the financing of the
Project.
2. The Board concurs with the resolution adopted by the Charlottesville Authority and
approves the issuance of the Bond by the Charlottesville Authority for the benefit of the Company as
required by Section 15.2-4905 of the Act.
3, The approval of the issuance of the Bond does not constitute an endorsement to a
prospective purchaser of the Bond of the creditworthiness of the Project or the Company.
4. This resolution shall take effect immediately upon its adoption.
Adopted by the Board of Supervisors ~e County of Albemarle, Virginia this 14th day of
December, 2005. / )/1
----.L_/-i - -( {,I / /i -i ;-
/'_ VL V l-- {A../L----1.--
'ell::1 k, Board of Supervisors of the unty of
Albemarle, Virginia
[SEAL]
December 8, 2005
Board of Supervisors
County of Albemarle, Virginia
Charlottesville, Virginia
Industrial Development Authority
of the City of Charlottesville, Virginia
Proposed Financing for Recording for the Blind & Dyslexic, Inc.
Recording for the Blind & Dyslexic, Inc. (the "Company") has requested that the
Industrial Development Authority of Albemarle County, Virginia ("Authority") approve the
issuance by the Industrial Development Authority of the City of Charlottesville, Virginia of up to
$2,850,000 of its revenue bonds ("Bonds") to assist the Company in financing the acquisition,
construction and equipping of a new headquarters facility for the Company's Regional Unit of
the Virginias and the Carolinas, to house its regional administrative offices and recording
facilities, consisting of approximately 11,650 square feet to be located on Greenbrier Road just
west of Route 29, in the County of Albemarle, Virginia. ("Project").
The Authority has conducted a public hearing on the proposed financing of the Project
and has recommended that you approve the issuance of the Bonds as required by Section 147(f)
of the Internal Revenue Code of 1986, as amended, and Section 15.2-4906 of the Code of
Virginia of 1950, as amended.
Attached hereto is (1) a certificate evidencing the conduct of the public hearing and the
action taken by the Authority, (2) the Fiscal Impact Statement required pursuant to Virginia
Code Section 15.2-4907, and (3) the form of resolution suggested by counsel to evidence your
approval.
(/
.~I//--
L..../.....
. .../
Secretary, Industrial Development Authority
of Albemarle County, Virginia
CERTIFICATE
The undersigned Secretary of the Industrial Development Authority of Albemarle
County, Virginia ("Authority") certifies as follows:
1. A meeting of the Authority was duly called and held on December 8, 2005, at
8:30 o'clock a.m. in the 2nd Floor Conference Room Number 235 at 401 McIntire Road, in
Charlottesville, Virginia, pursuant to proper notice given to each Director of the Authority before
such meeting. The meeting was open to the public. The time of the meeting and the place at
which the meeting was held provided a reasonable opportunity for persons of differing views to
appear and be heard.
2. The Chairman announced the commencement of a public hearing on the
application of Recording for the Blind & Dyslexic, Inc. and that a notice of the hearing was
published once a week for two successive weeks in a newspaper having general circulation in the
County of Albemarle, Virginia ("Notice"), with the second publication appearing not less than
seven days nor more than twenty-one days prior to the hearing date. A copy of the Notice has
been filed with the minutes of the Authority and is attached as Exhibit A.
3. A summary of the statements made at the public hearing is attached as Exhibit B.
4. Attached as Exhibit C is a true, correct and complete copy of a resolution
("Resolution") adopted at such meeting of the Authority by a majority of the Directors present at
such meeting. The Resolution constitutes all fonnal action taken by the Authority at such
meeting relating to matters referred to in the Resolution. The Resolution has not been repealed,
revoked, rescinded or amended and is in full force and effect on this date.
WITNESS my hand and the seal of the Authority, this, 8th day of December, 2005.
,:';.49--1:---- ---
Secretary/Industrial Development Authority
of Albemarle County, Virginia
[SEAL]
Exhibits:
A - Copy of Certified Notice
B - Summary of Statements
C - Inducement Resolution
-2-
12/05/2005 15:12
DAILY PROGRESS
4349787214
The Daily Progress
P.O. BOX 9030
CHARLOTTESVILLE, VA 22906
TELEPHONE: (,~,:l4.~q7(}.,77."~'
CERTIFICATE ':A: r'....:3L!CAT10N
TO:
}vI t!. J;;.{, &. UL I oJ-.u-
,
EXHIBIT A
I HEREBY CERTIFY THATTHEATTACHED NOTICE WAS PUBLISHED IN
THE DAILY PROGRESS, A NEWSPAPER IN CHARLOTTESVILLE. VIRGINIA,
AND APPEARED IN THE ISSUE(S) DATED DECEMBER~
NOVEMBER ~J
PUBLISHING FEE:: $
'-I3?J.~~
GIVEN UNDER MY HAND THIS 26TH DAY OF DECEMBER 2005.
~~
KATHLEEN HICKS, CREDIT MANAGER
2005.
2005,
NonCE OFPUIlllC H~ ON PROPOSED .
RrYnlU~""'P l'lNAHCl~ llY _ I
IMI)USTJtlAl,.DEVa.OftIENTAUTMOIlltY OF......
A~~IM'Il'" ,.,.~..:-
Notice Is h~l'l!bv givi!n, that the' Industrial
DeveIOPll1~nt"1\\tfl\orlty of Albemarl@ County,
Virginia ("Authority") whose address Is 401-
Mcintire Road, Charlottesvill@.' Virginia 229~2
will hold a public he-arirlgon .the eppllcatloll""
of Recordlnll for the Blind '" O}'slexll::. Inc.'-
(Ihe "CompanY")1 whose address 1$' 2(l ~g5illl:"
Road, Princeton. N~w Jers~y 08540,:"
requestIng the' Authority to approve the
Issuance by the Indu~trh'" Development
A~thority of' the.' City - of Charlottesville,
Virginia of up to $2.B5D,OOO of its r~venue
bonds to assist tile Company In acquiring,
constnJctlng and equipping It new headquar-
ters faelllty fOr the Company's Regional Unit
of the Vlrglnlas and th~ Catollna$, to hou~e
IU regionill administrative olflces and
r~cordlng facilities, t:on~l~tln~ of
approximately' 11,650 squMe f~ to be lo~'
ed on, Greenbrier Roa" lust Y'l!st, of Route 29,
In the County of Albemarl~ Virginia.
The Issu:!l1c~ of revenue bonds ;1$ req\rested
by the COmpany will not t:onstlMe a detlt or
lllellge of the ralth and credit of the COmmoo-
w~alth of Vll1linla, the County of Albemarle
Qr the Clty 01 Charlottesville. vfrglnla.. arid
nelthH the faith and Credit nor the taxln~
power of the Commonwealth of Vlrglnla- or
any political subdivision. . thereof .wlll be
pledged to the payrqent of such.t1linr:js.. ',,' ',' ".
The public heannll\ whieh ma)IJ"b~ ctifulnued
Or adloumed, will De held at 8:30 o'clock a-m.
on December 8, 2005, before . the Authorltyl_'n
the 2nd Floor Conferenc~RoQnj ';'~urbber.LJS.
at 401 McIntire Road. in Charlo1t~svllle._ Vir-
ginia. Any person int@re~ted In the i~~u~nce
01 the bonds or the loc'Itlo!l or nature of the
propo~ed prefect may app~8r at the heating
and jJre:l~nt his or her;vlews;.,'1nfonmrtlen re-
gllrdlnq the compaflY's rel;jlJjl'st, 'rs avallabl@
at the Authority's offfce <It 401" Mcintire RQad
Charlottesville, virglni'l dUrl!l~ business
hourS.
I ndusttial Development Authority
of Albemarle county. virgini'l
PAGE 313 * RCVD AT 121512005 2:11 :18 PM IEaslern Standard Timel * SVR:RIGHTFAXI8 i DNIS:8001 i CSID:4349787214 * DURATION (mm.ss):01.02
EXHIBIT B TO CERTIFICATE
Summary of Statements
Representatives of Recording for the Blind & Dyslexic, Inc. and McGuireWoods LLP,
bond counsel, appeared before the Authority to explain the proposed plan of financing. No one
appeared in opposition to the proposed bond issue.
EXHIBIT C
RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF ALBEMARLE COUNTY, VIRGINIA RECOMMENDING
APPROVAL BY THE BOARD OF SUPERVISORS OF THE COUNTY OF
ALBEMARLE, VIRGINIA
OF A PROPOSED $2,850,000 BOND ISSUE
FOR THE BENEFIT OF RECORDING FOR THE BLIND & DYSLEXIC, INC.
WHEREAS, Recording for the Blind & Dyslexic, Inc. (the "Company") has requested
that the Industrial Development Authority of Albemarle County, Virginia (the "Authority"),
approve the issuance of a revenue bond in an amount up to $2,850,000 by the Industrial
Development Authority of the City of Charlottesville, Virginia, the proceeds of which will be
used to assist the Company in acquiring, constructing and equipping a new headquarters facility
for the Company's Regional Unit of the Virginias and the Carolinas, to house its regional
administrative offices and recording facilities, consisting of approximately ll,650 square feet to
be located on Greenbrier Drive, just west of Route 29 in the County of Albemarle, Virginia
("Project");
WHEREAS, a public hearing has been held by the Authority regarding the Company's
request, and the Authority desires to recommend approval of the proposed bond issue to the
Board of Supervisors of the County of Albemarle, Virginia;
NOW, THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF ALBEMARLE COUNTY, VIRGINIA:
1. The Authority recommends approval of the Project and the proposed bond issue
by the Board of Supervisors of the County of Albemarle, Virginia.
2. This resolution shall take effect immediately upon its adoption.
Adopted this 8th day of December, 2005.
y
I
y~/~/ - ..
Secreta~y,Industrial Development Authority
of Albemarle County, Virginia
[SEAL]
FISCAL IMPACT STATEMENT
FOR PROPOSED BOND FINANCING
Date: December 8, 2005
To the Board of Supervisors
of the County of Albemarle, Virginia
Applicant:
Facility:
Recording for the Blind & Dyslexic, Inc.
Headquarters Facility
1.
Maximum amount of financing sought.
$
2,850,000
2.
Estimated taxable value of the facility's real property
to be constructed in the locality.
$
2,500,000
3.
Estimated real property tax per year using present tax
rates.
$
18,500
4. Estimated personal property tax per year using
present tax rates. $ N/A
5. Estimated merchants' capital tax per year using
present tax rates. $ N/A
6. (a) Estimated dollar value per year of goods that will be
purchased from Virginia companies within the $ 200,000
locality.
(b) Estimated dollar value per year of goods that wi 11 be
purchased from non-Virginia companies within the $ 40,000
locality.
(c) Estimated dollar value per year of services that will
be purchased from Virginia companies within the
locality.
$
60,000
(d) Estimated dollar value per year of services that will
be purchased from non-Virginia companies within
the locality.
$
5,000
7.
Estimated number ofregular employees on year
round basis.
22
8.
Average annual salary per employee.
$
44,000
,r C/'
Chairman, Industrial Development Authorit~.
of Albemarle County, Virginia
,
At a regular meeting of the Board of Supervisors of the County of Albemarle, Virginia,
held on the 14th day of December, 2005, the following members of the Board of Supervisors
were recorded as present:
PRESENT:
On
motion
by
seconded
by
, the attached Resolution was adopted by a majority of the
members of the Board of Supervisors by a roll call vote, the votes being recorded as follows:
MEMBER
VOTE
J
RESOLUTION
OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF ALBEMARLE, VIRGINIA
WHEREAS, the Industrial Development Authority of Albemarle County, Virginia (the
"Authority"), has been asked by Recording for the Blind & Dyslexic, Inc. (the "Company"), a
non-profit, Virginia nonstock corporation, to approve the issuance of a revenue bond by the
Industrial Development Authority of the City of Charlottesville, Virginia (the "Charlottesville
Authority") in an amount not to exceed $2,850,000 ("Bond") to assist the Company in financing
the acquisition, construction and equipping of a new headquarters facility for the Company's
Regional Unit of the Virginias and Carolinas, to house its regional administrative offices and
recording facilities consisting of approximately 11,650 square feet ("Project") to be located on
Greenbrier Drive just west of Route 29 in the County of Albemarle, Virginia, and has held a
public hearing on December 8,2005;
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the
"Code"), provides that the governmental unit having jurisdiction over the area in which any
facility financed with the proceeds of private activity bonds is located must approve the issuance
of the bonds;
WHEREAS, the Project is to be located in the County of Albemarle, Virginia (the
"County") and the Board of Supervisors of the County of Albemarle, Virginia ("Board")
constitutes the highest elected governmental unit of the County;
WHEREAS, the Authority has recommended that the Board approve the issuance of the
Bond; and
WHEREAS, a copy of the Authority's resolution approving the issuance of the Bond,
subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact
Statement have been filed with the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
THE COUNTY OF ALBEMARLE, VIRGINIA:
1. The Board approves the issuance of the Bond by the Charlottesville Authority for
the benefit of the Company, as required by Section l47(f) of the Code and Section 15.2-4906 of
the Code of Virginia of 1950, as amended ("Virginia Code") to pennit the Authority to assist in
the financing of the Project.
2. The Board concurs with the resolution adopted by the Charlottesville Authority
and approves the issuance of the Bond by the Charlottesville Authority for the benefit of the
Company as required by Section 15.2-4905 of the Act.
3. The approval of the issuance of the Bond does not constitute an endorsement to a
prospective purchaser of the Bond of the creditworthiness of the Project or the Company.
4. This resolution shall take effect immediately upon its adoption.
Adopted by the Board of Supervisors of the County of Albemarle, Virginia this 14th day
of December, 2005.
Clerk, Board of Supervisors of the County of
Albemarle, Virginia
[SEAL]
-2-
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Community Development Block Grant
AGENDA DATE:
December 14, 2005
ACTION:
INFORMATION:
SUBJECT IPROPOSALlREQU EST:
Request to set Public Hearing
CONSENT AGENDA:
ACTION: X
INFORMATION:
STAFF CONT ACT(S):
Bob Tucker, Roxanne White, Larry Davis, Ron
White
ATTACHMENTS:
NO
I
,I
/
,/ l '/
/.-/v/
/0" l/ f"
REVIEWED BY:
LEGAL REVIEW: Yes
BACKGROUND:
The Virginia Department of Housing and Community Development (DHCD) administers the federal Community
Development Block Grant for non-entitlement jurisdictions. Albemarle County is designated as such and is eligible to apply
for funding through a competitive application for eligible community development activities. Prior to making an application,
two public hearings must be conducted. The first hearing, for which this request is made, is to provide information on the
availability of funding, types of activities that are eligible and past uses of CDBG funds in the locality. The second hearing
would review and approveldisapprove potential applications proposed for submission.
STRATEGIC PLAN:
Goal 3.2: Promote a variety of safe, sanitary and affordable housing types.
DISCUSSION:
DHCD anticipates that approximately $8,6 million will be available in competitive grants for 2006. Albemarle County could
apply for one or more projects that meet one of three national objectives which are benefiting low- and moderate-income
persons, aiding in prevention or elimination of slum and blight, and responding to a community need having particular
urgency. Grants may be for community improvement activities andlor planning grants for future community improvement
activities.
The most recent grant received by the County was used to construct a community center at Park's Edge Apartments,
formerly Whitewood Village, in conjunction with the renovation of 96 apartment units. The center was completed in
September 2004 and currently houses after-school activities and the apartments' management office. The center is
meeting the outcome measures of providing after-school programs to 42 children, GED training to adults, and job and
business start-up training. Albemarle County will start a Homebuyers Club at Park's Edge in the spring of 2006.
BUDGET IMPACT:
An application for CDBG funding would be completed by Housing Office staff and staff of the Albemarle Housing
Improvement Program. Specific projects may require some type of local commitment including a possible monetary
contribution. Until a project is identified, the commitment and budget impact would not be known.
RECOMMENDATIONS:
Staff recommends setting a public hearing for January 11, 2006 to provide information on available funding and receive
public input on potential projects.
05.164
.
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
Fax (434) 972-4012
.
.
December 2, 2005
Alton L. Carver, Architect
C. W. Hurt Contractors, LLC
] 95 Riverbend Drive, P.O. Box 8] 46
Charlottesville, VA 22906
RE: SP 2005-00022 Berean Baptist Church (Sign #72) - Tax Map 76 Parcel SIB
Dear Mr. Carver:
The Albemarle County Planning Commission, at its meeting on May 24, 2005, 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. The improvements and the scale and location of the improvements shall be developed in
general accord with the concept plan dated August '8,2005.
("" r (' ("\ '?,~7__
2. The floor plan ofthe proposed addition will be no larger than 5,] 00 square feet.
3. The construction of the church expansion, as shown on the -applieatitm plan dated August
';;>i '* 2005 and titled Berean Baptist Church, shall commence within five years of the
approval of this special use permit or this special use permit shall expire.
4. There shall be no daycare center or private school provided on site without approval of a
separate special use permit.
5. Connection to public sewer or installation of septic system as approved by the Health
Department prior to issuance of building permit.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on December 14, 2005. 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 at (434) 296-5832.
SP-05-22 Berean Baptist Church
Page 2 of2
December 2, 2005
.
7~
Sean Dougherty
Senior Planner
Planning Division
/
SDlaer
Cc: Berean Baptist Church Etal Trustees
1284 Sunset Ave Extd
Charlottesville, V A 22903
Ella Carey
Amelia McCulley
Jack Kelsey
Steve AlIshouse
.
.
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
STAFF: Dougherty
SP 2005 - 022 Berean Baptist Church Expansion
PLANNING COMMISSION DATE:
November 15, 2005
SUBJECT/PROPOSAL/REQUEST:
The applicant is requesting a special use permit to
construct a two-story classroom addition, including a small
gymnasium, to the rear of the existing church. The
addition includes four classrooms, three offices, a nursery,
a conference room, bathrooms, and a gymnasium.
BOARD OF SUPERVISORS DATE:
December 14, 2005
OWNER / CONTRACT PURCHASER:
Berean Baptist Church Board of Trustees
PROPOSAL:
Expansion of existing church to accommodate offices, bathrooms, a conference room and 46 X 46 foot gymnasium.
BACKGROUND:
The original site plan for the church was approved by the Planning Commission in 1975 when churches were permitted by-
.'9ht in the Agricultural district In 1980, an R-1 zoning designation was applied to this parcel. There is no existing special
se permit for this property. Therefore, the church is non-conforming. This special use permit will allow the church to be in
conformance with the Zoning Ordinance.
DISCUSSION/FINDINGS:
The church's worship and fellowship areas remain the same. Staff finds no impacts which need to be mitigated and
supports the proposal.
RECOMMENDATION:
Staff recommends approval with conditions
--
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
Sean Dougherty
November 15,2005
December 14, 2005
.
SP-2005-022 BEREAN BAPTIST CHURCH
Applicant's Proposal:
The applicant is requesting a special use permit to construct a two-story classroom addition,
including a small gymnasium, to the rear of the existing church. The addition includes four
classrooms, three offices, a nursery, a conference room, bathrooms, and a gymnasium. The
gymnasium comprises the majority of the addition on the first floor and second floor, as it is
open from the first floor to the ceiling off the second floor. The addition will support the
existing church program, which includes a sanctuary, fellowship hall, and four small
classrooms.
The original site plan for the church was approved by the Planning Commission in1975 when
churches were permitted by-right in the Agricultural district. In 1980, an R-l zoning
designation was applied to this parcel. There is no existing special use permit for this
property. Therefore, the church is non-conforming, This special use permit will allow the
church to be in conformance with the Zoning Ordinance.
The applicant has submitted a concept plan. The proposed expansion will be developed in
general accord with that concept plan, if the special use permit is approved. The location map .
is Attachment A; the concept plan is Attachment B.
Petition:
Request for special use permit to allow for expansion of an existing church in accordance
with Section 13.2.2.10 of the Zoning Ordinance which allows for churches in the R-l
residential zoning district. The property. described as Tax Map 76 Parcel 51 B contains 4.0
acres, is located in the Samuel Miller Magisterial District at 1284 Sunset Avenue and in the
EC Entrance Corridor Overlay District. The Comprehensive Plan designates this property as
Neighborhood Density in Neighborhood Five. General usage for Neighborhood Density is
residential (3-6 units/acre) and supporting uses such as religious institutions and schools and
other small-scale non-residential uses. General usage within the R -1 zoning district permits
low density residential development at 1 dwelling unit per acre.
Petitioners:
The applicant and owner is the Board of Trustees of the Berean Baptist church represented
by architect Alton L. Carver.
Character of the Area:
The church is located at the southwest corner of Old Lynchburg Road and Sunset Avenue.
This portion of Neighborhood Five includes some residential development, with higher
density housing located closer to the Charlottesville city limits, and undeveloped areas. Non-
residential development in the area includes The Country Green Store, other religious .
institutions, and the Albemarle County Office Building - 5th Street.
2
.
.
.
RECOMMENDATION
Staff has reviewed this request for compliance with the provisions of Section 13 .2.2 ofthe
Zoning Ordinance and recommends approval with conditions.
Zonine: History:
The parcel was zoned Agricultural prior to the 1980 Comprehensive Plan. In 1980, a R-l
residential zoning was applied to the property.
Comprehensive Plan:
The Comprehensive Plan designates this property as Neighborhood Density in Neighborhood
Five. General usage for Neighborhood Density is residential (3-6 units/acre) and supporting
uses such as religious institutions and schools and other small-scale non-residential uses.
General usage within the R-l zoning district permits low density residential development at 1
dwelling unit per acre.
The Neie:hborhood Model:
Because the special use permit is for an existing property with a single building addition,
only these principles of the Neighborhood Model apply:
Pedestrian The property is served by a multi-use asphalt path along Old
Orientation Lynchburg Road.
Neighborhood Churches act as neighborhood centers.
Centers
Building and The addition is two stories and of a similar scale to the existing
Spaces of Human church.
Scale
Relegated Parking Berming and mature landscaping from the church's initial site plan
work to relegate parking, though the parking is located between the
church and the Entrance Corridor. As this addition does not trigger an
addition to the parking provided, and the addition is to the rear of the
existing church, a reasonable opportunity to relegate parking does not
exist.
Site Planning that The addition is proposed in a location that respects terrain and
Respects Terrain generates minimal impacts to the site.
STAFF COMMENT:
The church's worship and fellowship areas remain the same. The largest area of the addition
is the gymnasium which is large enough to accommodate a half-court basketball court. This
addition does not require more parking because the areas of assembly in the church are not
expanding. In addition, a firewall is required between the existing church and the addition,
such that the fellowship and worship areas cannot be expanded.
"
-'
The Berean Baptist congregation anticipates a fundraising drive and implementing much of
the work and construction for the addition themselves. Therefore, they are requesting an .
extension of the standard time frame from two-years to five years. This is reflected in the
conditions below.
This review was conducted with consideration of The Religious Land Use and Institutionalized
Persons Act of 2000 which states:
No government shall impose or implement a land use regulation in a manner that
imposes a substantial burden on the religious exercise of a person, including a religious assembly or
institution, unless the government demonstrates that imposition of the burden on that person,
assembly, or institution - (A) is in furtherance of a compelling governmental interest; and (B) is the
least restrictive means of furthering that compelling governmental interest.
Staff's Address of each provision of Section 31.2.4.1 of the Zoning Ordinance:
The Board of Supervisors hereby reserves unto itself the right to issue all special use permits
permitted hereunder. Special use permits for uses as provided in this ordinance may be
issued upon a finding by the Board of Supervisors
that such use will not be of substantial detriment to adiacent property;
Staff has not identified any detriment to adjacent property that would result from the new
building.
that the character of the district will not be changed thereby;
The proposal is compatible with the site and surrounding areas.
.
and that such use will be in harmony with the purpose and intent of this ordinance;
An expansion of the existing use, which has been in place much longer than other uses in the
vicinity, is in harmony with the purpose and intent of this ordinance.
with the uses permitted by right in the district;
Religious uses support R-l zoning and the associated uses permitted by-right.
and with the public health, safety and general welfare.
Staff does not have concerns regarding public health, safety, and general welfare in relation
to the proposed special use permit.
Ene:ineerine: and Zonine: Comments
Zoning has determined that sufficient parking exists on the site. The proposed addition and
the parking regulations contained in the ordinance do not require a change in the parking
required. A minor site plan amendment will be required for the expansion if the special use
permit if approved.
The application plan notes that an old septic tank and drain field will be removed, as it is
located in the area where the addition is proposed. It is the church's intent to connect to the .
public sewer system and abandon the existing septic drain field before construction begins on
the addition. The church currently uses the septic system, but is connected to public water.
4
.
The church is working with the Albemarle County Service Authority and VDOT to obtain
easements that would allow them to tie into an existing public sewer line located in the
adjacent Mosby Mountain subdivision (please see Attachment C for an update of the
church's efforts to tie into the public sanitary sewer), Since the proposal (addition) is
intended to support existing church programs and will not significantly increase the uses on
the site and given the applicant's pursuit of a connection to the public sewer, staff believes
that a condition requiring connection to public sewer is not necessary in this case.
SUMMARY:
Staff has identified the following factors, which are favorable to this request:
1. The proposed building makes emcient use of the existing church and property
2. There is adequate parking available on site to address this use.
3. The church will continue to provide a neighborhood service to surrounding residential
areas.
RECOMMENDED ACTION:
Staff has reviewed this request for compliance with the provisions set forth in Section
31.2.4.1 of the Zoning Ordinance and recommends approval with conditions,
Recommended conditions of approval:
.
1. The improvements and the scale and location of the improvements shall be developed in
general accord with the concept plan dated August 8, 2005.
2. The floor plan of the proposed addition will be no larger than 5,100 square feet.
3. The construction of the church expansion, as shown on the application plan dated August
8, 2005 and titled Berean Baptist Church, shall commence within five years of the approval
of this special use permit or this special use permit shall expire.
4. There shall be no daycare center or private school provided on site without approval of a
separate special use permit.
ATTACHMENTS:
.
A.
B.
e.
Location Map
Concept Plan
Applicant Letter Regarding Public Sc\ver Connection
5
Attachment A
\
Prepared by Albemarle County
Office of Geographic Data Services (GOS).
Map CAUlled by Elise Hacll;ett, Noyember 2005
Hole: The map elements depiclsd are gnlphic representations and
are not lQ be CQn$lrued or used 41$ a legal de~tion.
This map is lor display purpoMS only.
Parcels shown reflect plats and deeds recorded through
Oclober 28. 2lXl5
Tax Map 76 Parcel 51 B
Berean Baptist Church
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!: CHARLDTTESVllLE, VIRGINIA 22906 I!
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Attachment C
C. W. Hurt Contractors, L.L.C.
VIRGINIA LAND COMPANY BUILDING
POST OFFICE Box 8147
CHARLOTTESVILLE, VIRGINIA 22906
AREA CODE 434
TELEPHONE 979-8181
FAX 296-3510
November 7, 2005
Sean R. Dougherty, Senior Planner
County Of Albemarle
Department of Planning & Community Development
401 McIntire Road
Charlottesville, VA 22902
RE: SP-OS-22 Berean Baptist Church
Dear Mr. Dougherty,
The following information concerning water and sewer for the referenced project is provided in
response to your phone call of Monday, November 07, 2005.
The church was recently connected to the public water system and now uses well water only for
exterior faucets for lawn watering and similar usage.
Prior to the completion of development of the Moseby Mountain residential subdivision,
representatives of the church attempted to acquire an easement across the property just south of
the church to access public sewer in the subdivision. Their efforts with the adjacent property
owner were unsuccessful. Since that time we have worked with the Service Authority and VDOT
to obtain approval to route a new sewer line around the adjacent property by locating it in the
right-of-way of Fifth Street extended. VDOT did not object and the next step is to obtain
approval from the owner of the lot in Moseby Mountain where the nearest sewer manhole is
located. We have obtained the name and address of the property owner from the Service
Authority and church officers will begin a discussion with them in the near future. It is the intent
of the church to connect to the public sewer and abandon the existing septic drain field before
construction begins on the addition.
Si~r~.. /
'0t6c~~"
Architect
ca./{ /v--t/(
.
.
.
B
.
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
Fax (434) 972-4012
December 2, 2005
Peter J. Caramanis, Esq,
Tremblay & Smith LLP
] 05 East High Street
Charlottesville, V A 22902
RE: SP 2005-00023 Ford, Linda - ALL TEL Tier III (Sign #77)
Tax Map 59 - Parcel SOC
Dear Mr. Caramanis:
.
The Albemarle County Planning Commission, at its meeting on May 24,2005, unanimously
recommended approval of the above-noted petition to the Board of Supervisors.
Please note that this approval is subject to the following conditions:
.
]. The replacement power pole, antennas and ground equipment shall all be sized, located,
installed and maintained in general accord with the site construction drawings of the
facilities, structure elevations and schematic drawings, entitled "Alltel - Linda Ford
Bucks", last revised November 7, 2005 and initialed SBW on November 8, 2005.
2. Prior to the issuance of a building permit, the applicant shall submit a final revised set of
site construction drawings of the facility. Planning staff shall review the revised plans to
ensure that all appropriate conditions of this special use permit have been addressed.
3, The top of the replacement po Ie antenna shall not exceed a height of 53 feet above ground
and elevation of 73] feet above sea level.
4. The replacement pole shall be of a color and finish that is consistent with the other
existing poles that are to remain within the power line easement, and the antennas shall be
painted to match that color and flat finish as well.
5. The ground equipment cabinets shall be painted a flat, natural dark brown color andlor
screened in accordance with the requirements ofthe Architectural Review Board.
6. The gravel access road shall be screened from State Route 250 in accordance with the
requirements of the Architectural Review Board.
7. The facility shall be disassembled and removed from the site within ninety (90) days of
the date its use for personal wireless service purposes is discontinued. If the agent
determines at any time that surety is required to guarantee that the facility will be
removed as required, the agent may require that the parcel owner or the owner of the
facility submit a certified check, a bond with surety, or a letter of credit, in an amount
sufficient for, and conditioned upon, the removal of the facility. The type and form of the
surety guarantee shall be to the satisfaction of the agent and the county attorney. In
SP-05-23 Linda Ford
Page 2 of2
December 2, 2005
.
determining whether surety should be required, the agent shall consider the following: (i)
the annual report states that the tower or pole is no longer being used for personal
wireless service facilities; (ii) the annual report was not filed; (iii) there is a change in
technology that makes it likely the tower or pole will be unnecessary in the near future;
(iv) the permittee fails to comply with applicable regulations or conditions; (v) the
permittee fails to timely remove another tower or pole within the county; and (vi)
whenever otherwise deemed necessary by the agent.
8. The owner of the facility shall submit a report to the agent by no earlier than May and no
later than July 1 of each year. The report shall identify each user of the existing structure,
and include a drawing, photograph or other illustration identifying which equipment is
owned and/or operated by each personal wireless service provider. Multiple users on a
single tower or other mounting structure may submit a single report, provided that the
report includes a statement signed by a representative from each user acquiescing in the
report.
9. Certification by a registered surveyor stating the height of the replacement pole, measured
both in feet above ground level and in elevation above mean sea level, and using the
benchmarks or reference datum identified on the construction plan shall be submitted to
the agent after installation of the monopole is completed and prior to issuance of a
certificate of occupancy.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on December 14, 2005. 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 at (434) 296-5832.
Sincerely,
~
Stephen B. Waller
Senior Planner
Zoning and Current Development Division
SBW/aer
Cc: Ford, Linda K Trustee of the Linda K Ford Revocable Trust
3050 Ivy Road
Charlottesville, VA 22903
Ella Carey
Amelia McCulley
Jack Kelsey
Steve Allshouse
.
.
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
STEPHEN B. WALLER, AICP
NOVEMBER 15, 2005
DECEMBER 14,2005
SP 05-023 FORD. LINDA (ALLTEL)
PROPERTY OWNER: Linda K. Ford Revocable Trust
APPLICANT: AlItel Communications of Vin!inia. Inc.
Applicant's Proposal:
The applicant, Alltel Communications of Virginia Inc., has submitted an application for a special
use permit to allow the replacement of a utility pole within a Virginia Power easement, on
property owned by the Linda K. Ford revocable Trust (Attachment A). This proposal would
allow the co-location of a sector containing three (3) flush-mounted panel antennas that are
approximately 4 feet long and 11 inches wide. The proposed mounting structure for this facility
is a new 53-foot tall, wooden utility pole that would replace an existing 43-foot tall pole located
in a power line easement (Attachment A). The property, described as Tax Map 59 - Parcel SOC,
contains 155.45 acres and is zoned Rural Areas (RA) and Entrance Corridor (EC). This site lies
in the Samuel Miller District and is adjacent to the eastbound lane ofIvy Road [U.S Route 250
West], across from the intersection with Broomley Road [State Route 5934] and the Christian
Aid Mission (Attachment B). The Comprehensive Plan designates this property as Rural Areas
in Rural Area 3. General usages for the Rural Areas are agriculture and forestal activities, with a
recommended density of 0.5 dwelling units per acre.
.
Petition:
The applicant is requesting approval ofthe proposed special use permit in accordance with
Section 10.2.2(48) of the Zoning Ordinance, which allows for Tier III personal wireless service
facilities in the Rural Areas zoning district.
Character of the Area:
The existing 43-foot tall utility is located on an incline just south of the right-of-way for State
Route 250 (Attachment C). There are two other identical poles within very close proximity to
the pole that would be replaced and a large utility box is located just to the north, between this
site and the road. The land surrounding this site and other adjacent properties on the southern
side of Route 250 is all zoned Rural Areas and is characterized by a combination oflarge wooded
areas and rolling pastures with smaller groupings of trees scattered about them. The adjacent
properties on the north side of the road are commercially zoned and include such uses as a retail
nursery with greenhouses, an automobile dealership and offices for Christian Aid Mission.
.
In addition to the utility poles in the power line that is subject to this request, there are other tall
structures located closer to the right-of-way and more readily visible than the pole that is
proposed to be replaced. This includes the telephone poles that are closer to the road on the
northern side of Route 250 and the traffic light poles at the intersection with Broomley Road.
The nearest dwelling is located nearly 650 feet to the southeast of this facility site on a parcel that
shares common ownership with the subject property. The nearest dwelling on property that does
1
.
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
STEPHEN B. WALLER, AICP
NOVEMBER 15, 2005
DECEMBER 14,2005
SP 05-023 FORD. LINDA (ALLTEL)
PROPERTY OWNER: Linda K. Ford Revocable Trust
APPLICANT: AlItel Communications of Vireinia. Inc.
Applicant's Proposal:
The applicant, Allte1 Communications of Virginia Inc., has submitted an application for a special
use permit to allow the replacement of a utility pole within a Virginia Power easement, on
property owned by the Linda K. Ford revocable Trust (Attachment A). This proposal would
allow the co-location of a sector containing three (3) flush-mounted panel antennas that are
approximately 4 feet long and 11 inches wide. The proposed mounting structure for this facility
is a new 53-foot tall, wooden utility pole that would replace an existing 43-foot tall pole located
in a power line easement (Attachment A). The property, described as Tax Map 59 - Parcel 80C,
contains 155.45 acres and is zoned Rural Areas (RA) and Entrance Corridor (EC). This site lies
in the Samuel Miller District and is adjacent to the eastbound lane ofIvy Road [U.S Route 250
West], across from the intersection with Broomley Road [State Route 5934] and the Christian
Aid Mission (Attachment B). The Comprehensive Plan designates this property as Rural Areas
in Rural Area 3. General usages for the Rural Areas are agriculture and forestal activities, with a
recommended density of 0.5 dwelling units per acre.
.
Petition:
The applicant is requesting approval of the proposed special use permit in accordance with
Section 1 0.2.2(48) of the Zoning Ordinance, which allows for Tier III personal wireless service
facilities in the Rural Areas zoning district.
Character of the Area:
The existing 43-foot tall utility is located on an incline just south of the right-of-way for State
Route 250 (Attachment C). There are two other identical poles within very close proximity to
the pole that would be replaced and a large utility box is located just to the north, between this
site and the road. The land surrounding this site and other adjacent properties on the southern
side of Route 250 is all zoned Rural Areas and is characterized by a combination of large wooded
areas and rolling pastures with smaller groupings of trees scattered about them. The adjacent
properties on the north side of the road are commercially zoned and include such uses as a retail
nursery with greenhouses, an automobile dealership and offices for Christian Aid Mission.
.
In addition to the utility poles in the power line that is subject to this request, there are other tall
structures located closer to the right-of-way and more readily visible than the pole that is
proposed to be replaced. This includes the telephone poles that are closer to the road on the
northern side of Route 250 and the traffic light poles at the intersection with Broomley Road.
The nearest dwelling is located nearly 650 feet to the southeast of this facility site on a parcel that
shares common ownership with the subject property. The nearest dwelling on property that does
1
visitors; to sustain and enhance the economic benefits accruing to the County from tourism."
. The Architectural Review Board has reviewed this particular proposal for consistency with the
design guidelines that are applied to various types of development within the entrance corridors
(Attachment D). Because the visibility of this of this site is limited to a very small distance area
while traveling in either direction on Route 250, the Architectural Review Board has
recommended approval with conditions requiring that the access road and ground equipment
serving this site be screened from views to the north. Therefore, it is staff s opinion that the
proposed facility would not impose significant visual impacts upon the entrance corridor.
RECOMMENDATION:
Staff has reviewed this request for compliance with the provisions of Section 31.2.4.1 of the
Zoning Ordinance and recommends approval with conditions.
STAFF COMMENT:
Staff will address the issues of this request in four sections:
1.
2.
Section 31.2.4.1 of the Zoning Ordinance; and,
Section 704 (a)(7)(b)(I)(II) of the Telecommunications Act of 1996.
1.
Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance.
.
The Board of Supervisors hereby reserves unto itself the right to issue all special use
permits permitted hereunder. Special use permits for uses as provided in this ordinance
may be issued upon a finding by the Board of Supervisors that such use will not be of
substantial detriment to adiacent property,
The site of the proposed facility is located within a power line on a slope that rises above the
shoulder on the south side of Route 250. While approaching this site from the east, a row of tall
trees adjacent to the right-of-way margin obscures the existing utility poles until the tree line
breaks approximately lIlO-mile east of the site. The treeline then continues on the opposite side
of the entrance to the subject parcel, providing a similar screening effect when the site is
approached from the west. From this vantage the location of the existing pole is not visible until
the clearing is reached just west of where the entrance to this site and Broomley Road intersect
with Route 250. The only other locations from where views of the existing pole had
unobstructed visibility are facing the site while heading south from Broomley Road and in the
Christian Aid Mission's parking lot. Therefore, it is staffs opinion that this proposal would not
be of any substantial detriment to adjacent properties.
that the character of the district will not be changed thereby,
.
Visibility of this facility would be obscured from most nearby dwellings due to a combination ofthe
topography and vegetation between it and the residential and rural properties that don't have frontage
on Route 250. However, no tree removal or other disturbance is necessary at this site because the
utility line is already in place and the access will be provided over a non-vegetated pasture.
3
Although the proposed replacement pole is taller, staff notes the presence of another existing power
pole to remain just east ofthe site that is fitted with much larger attachments than the proposed flush-
mounted antennas. In addition to the poles in the power line easement, several other tall utilities are .
within the lines of sight of the proposed facility. This includes telephone poles serving properties
across the street, on the north side of Route 250 and poles holding the traffic lights at the intersection
with the subject property and Broomley Road
Once this facility has been constructed and is fully operational, staff does not anticipate the
scheduled site visits to create a significant increase in activity or traffic within the area. As in
most cases, the proposed facility would be unmanned and it is anticipated that Alltel's service
personnel would only need to travel to the site once a month for routine maintenance visits.
Therefore, staff does not expect a use necessitating such infrequent site visits would intensify any
activity or traffic within the area by a noticeable level.
Based on the information provided above, staff finds that the approval of this proposal would not
result in changing the character to the district.
and that such use will be in harmony with the purpose and intent ofthis ordinance,
Staff has reviewed this request with consideration for the purpose and intent of the Zoning
Ordinance as stated in Section 1.4.
Section 1.4.3 states, "To facilitate the creation of a convenient, attractive and harmonious
community," as an intent of the Ordinance. As evidenced by the expanded and rapid increase in
their use, mobile telephones clearly provide a public service. The establishment of personal
wireless service facilities expands the availability of communications opportunities and
convenience for users of wireless phone technology. In the event of emergencies, access to the
increased communication the opportunities provide wireless facilities can be consistent with the
accepted principles of public health, safety and general welfare. Although wireless facilities are
not often credited for enhancing the visual appearance of surrounding areas, the guidelines of the
wireless policy are intended to ensure that the facilities are not responsible for intruding upon the
important scenic resources that promote the attractiveness ofthe community.
.
Section 1.5 (Relation to Environment) states in part that the "ordinance is designed to treat lands
which are similarly situated and environmentally similar in a like manner with reasonable
consideration for the existing use, and character of properties, the Comprehensive Plan, the
suitability of property for various use. . .; and preservation of flood plains, the preservation of
agricultural and forestal land, the conservation of properties and their values and the
encouragement of the most appropriate use of land throughout the County." The County's
policies and regulations set a preference for wireless facilities that are designed to stealthily blend
in with the existing surroundings or on existing buildings and structures. This can be effective
for ensuring that new facilities are not located in a manner that requires an extensive amount of
environmental degradation or imposes significant visual impacts.
Last year, the applicant originally submitted a request proposing the construction of an 85-foot
tall flag pole on the opposite side of the road, in the front lawn of the Christian Aid Mission site. .
However, staff did not support that request because a flag pole at that height would have been
overwhelming and uncharacteristic for this area. Although this co-location can only be
4
.
.
.
accommodated by replacing an existing structure, the replacement structure is consistent with
other structures within the power line easement and no significant disturbance is required.
Therefore, it is staffs opinion that the approval of this proposal complies sufficiently with the
purpose and intent of the Zoning Ordinance.
with the uses permitted by right in the district,
Staff has identified no evidence to demonstrate that attachment of the proposed pole replacement
and antenna attachments would restrict or otherwise adversely affect any of the established uses
or other by-right uses allowed on this site or on any of the nearby properties and zoning districts.
with additional regulations provided in Section 5.0 of this ordinance, and with the public
health, safety and general welfare.
Section 5.1.12.a of the Zoning Ordinance contains regulations for locating public utility
structures in a manner which "will not endanger the health and safety of workers and/or residents
in the community and will not impair or prove detrimental to neighboring properties or the
development of the same." Staff has attempted to address the concerns for possible impacts upon
neighboring properties in the area with the analysis provided in this staff report and with the
recommended conditions of approval. The Federal Communications Commission's (FCC)
regulations address the most significant concerns for public health and safety regarding radio-
frequency emission from wireless telecommunications facilities.
Section 5.1.40 ofthe Zoning Ordinance was adopted to implement the three-tiered review criteria
as recommended by the Personal Wireless Service Facilities Policy. Although, co-locations can
be allowed by right under the criteria for Tier I personal wireless service facilities, this proposal
is a Tier III co-location because a new mounting structure is proposed to replace an existing
structure that could not hold the proposed antennas. However, the work required to replace the
pole and attach of antennas does not require any expansion outside of the power line easement.
Furthermore, the Zoning Ordinance does not preclude the use of replacement poles or extensions
on existing structures for Tier III proposals, provided that there are no significant visual impacts
expected. Therefore, the minimal amount of visual impacts and lack of environmental
disturbance that would result from this proposal is considered to be consistent with the
regulations governing personal wireless service facilities.
2. Section 704( a)(7)(b )(1)(11) of The Telecommunications Act of 1996:
The regulation of the placement, construction and modification of personal wireless
facilities by any state or local government or instrumentality thereof shall not prohibit or
have the effect of prohibiting the provision of personal wireless services.
The Telecommunications Act addresses concerns for environmental effects with the following
language, "No state or local government or instrumentality thereof may regulate the placement
construction, and modification of personal wireless service facilities on the basis of the
environmental effects of radio frequency emissions to the extent that such facilities comply with
the Commissions' regulations concerning such emissions." In order to operate the proposed
facility, the applicant is required to meet the FCC guidelines for radio frequency emissions.
5
Neither the Comprehensive Plan nor the Zoning Ordinance prohibits the provision of personal
wireless services. However, both do implement policies and regulations for the siting and design
of these facilities. Although it has not been determined whether or not the denial of this .
application would have the effect of prohibiting the provision of personal wireless
communication services, staff recognizes that this is the second proposal that the applicant has
submitted for the purpose of meeting the service objectives that would be covered by the
proposed facility at this site.
SUMMARY:
Staffhas identified the following factors that are favorable to this request:
1. The approval of this facility would not restrict any ofthe uses that are permitted by right
on adjacent properties;
2. The visibility of the existing power pole is limited to a relatively small area along State
Route 250 and is obscured from most of the nearby rural and residential properties
surrounding this site;
3. There are several utility poles of various types located within close proximity to this site;
4. This proposal represents a co-location opportunity within an existing utility easement and
should have no discernible impact upon any important resources; and,
5. The proposed flush-mounted antennas would not be the largest or most visible
attachments on poles within this easement.
The following factors are relevant to this consideration:
.
1. The first application from Alltel for a facility providing coverage to this specific area was
withdrawn in response to staffs concerns with the visual impacts upon the entrance
corridor and other surrounding properties.
RECOMMENDED ACTION:
Staff has reviewed this request for compliance with the provisions set forth in Section 31.2.4.1 of
the Zoning Ordinance and all other policies and regulations pertaining to personal wireless
service facilities and recommends approval with conditions.
Recommended conditions of approval:
1.
The replacement power pole, antennas and ground equipment shall all be sized, located,
installed and maintained in general accord with the construction plans, structure
elevations and schematic drawings, entitled "Alltel - Linda Ford Bucks", last revised
November 7,2005 and initialed SBW on November 8, 2005.
Prior to the issuance of a building permit, the applicant shall submit a final revised set of
site drawings construction of the facility. Planning staff shall review the revised plans to
ensure that all appropriate conditions of this special use permit have been addressed.
The top of the replacement pole antenna shall not exceed a height of 53 feet above ground
and elevation of 731 feet above sea level.
.
2.
3.
6
.
.
.
4.
The replacement pole shall be of a color and finish that is consistent with the other
existing poles that are to remain within the power line easement, and the antennas shall be
painted to match that color and flat finish as well.
The ground equipment cabinets shall be painted a flat, natural dark brown color and/or
screened in accordance with the requirements of the Architectural Review Board.
The gravel access road shall be screened from State Route 250 in accordance with the
requirements of the Architectural Review Board.
The facility shall be disassembled and removed from the site within ninety (90) days of
the date its use for personal wireless service purposes is discontinued. If the agent
determines at any time that surety is required to guarantee that the facility will be
removed as required, the agent may require that the parcel owner or the owner of the
facility submit a certified check, a bond with surety, or a letter of credit, in an amount
sufficient for, and conditioned upon, the removal of the facility. The type and form of the
surety guarantee shall be to the satisfaction of the agent and the county attorney. In
determining whether surety should be required, the agent shall consider the following: (i)
the annual report states that the tower or pole is no longer being used for personal wireless
service facilities; (ii) the annual report was not filed; (iii) there is a change in technology
that makes it likely that tower or pole will be unnecessary in the near future; (iv) the
permittee fails to comply with applicable regulations or conditions; (v) the permittee fails
to timely remove another tower or pole within the county; and (vi) whenever otherwise
deemed necessary by the agent.
The owner of the facility shall submit a report to the agent by no earlier than Mayor and
no later than July 1 of each year. The report shall identify each user of the existing
structure, and include a drawing, photograph or other illustration identifying which
equipment is owned and/or operated by each personal wireless service provider. Multiple
users on a single tower or other mounting structure may submit a single report, provided
that the report includes a statement signed by a representative from each user acquiescing
in the report.
Certification by a registered surveyor stating the height of the replacement pole, measured
both in feet above ground level and in elevation above mean sea level, and using the
benchmarks or reference datum identified on the construction plan shall be submitted to
the agent after installation of the monopole is completed and prior to issuance of a
certificate of occupancy.
5.
6.
7.
8.
9.
ATTACHMENTS:
A - Special use permit application, construction plans and supporting information
B - Parcel and location maps
C - Photos of the existing utility structures and areas sUlTounding the facility site
D - Architectural Review Board staff report
7
ATTACHMENT A
OFFICE USE ONLY .3
S~# ,2~or.. 0t1J(>:l TMP ~ 5- 2- ~~- () a.-~ ~- " ~ P- c
. (jJn # !:1'1 Magisterial District: 51-1 Staff: ~ Date: I.
Application for Special Use Permit
Please See the List at the bottom of page 4 for the Appropriate Fee
(stafTwill assist you with this item)
Project Name (how should we refer to this application?): ALL TEL I Christian Aid Mission Site
*Existing Use: Agricultural
* Zoning District: Rural Areas (RA)
(*stafTwill assist you with this item)
Proposed Use: Agricultural/PWSF 10.2--.2.., '-It
Zoning Ordinance Section number requested:~ .J;
Number of acres to be covered by Special Use Permit (if a portion it must be delineated on a plat): .005 of 155.45 acres
Is this an amendment to an existing Speciall1se Permit?
Are you submitting a preliminary site plan with thi:; :lpp!h::lt::m?
WlVES nNO
t;1VI(c;;. HNO
l:-J - -- L-J ' . -
Contact Person (Who should we call/write concerning this project?): Peter J. Caramanis, Esq., Tremblay & Smith, LLP
Address 105 East High Street
City Charlottesville
State V A
Zip 22902
Daytime Phone (_) 977-4455 Fax # 979-1221 E-mail pete.caramanis@tremblaysmith.com
. Owner of Record Linda K. Ford, Trustee of the Linda K. Ford Revocable Trust
Address 3050 Ivy Road
Daytime Phone ( ) 979-3276
City Charlottesville
State V A
Zip 22903
Fax #
E-mail
Applicant (Who is the Contact person representing? Who is requesting the rezoning?) ALL TEL Communications of Virginia, Inc.
Address clo Contact Person
City
State
Zip
Daytime Phone (_)
Tax map and parcel: 59-8e-A 60 C
Fax #
E-mail
~ M'> c."C I~~
f ~ laiC i>t 7 ~5 /~5 9'ti~
Physical Street Address (if assigned);
Location of property (landmarks, intersections, or other): South of Route 250 near intersection with SR 677
Does the owner of this property own (or have any O\\11ership interest in) any abutting property? If yes. please list those tax map and parcel numbers
Yes, 59-80 and 59-80D
OFFICE U~ O~ y 7
Fee amount $ 0..--- Date Paid ~ DG Check # ,3q ;);).
'"
~~~ 0
.
Special Use Permits:
_~ p,-~!lJ- \
ByWh.
History:
o
cl 5",^~
Receipt # 650 ~ <is By
ZMAs & Proffers:
D Variances:
D Letter of Authorization
Concurrent review of Site Development Plan? 0 YES 0 NO
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126
i)t g t} J},
/t vP 0~]' {Ye (
~(iJ /~ .,
7 O~i.
7/I/04 Page I of 4
q
ATTACHMENT A
, .
Section 31.2.4.1 of the Albemarle County Zoning Ordinance states that, "The board of supervisors hereby
reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for .
uses as provided in this ordinance may be issued upon a finding by the board of supervisors that such use
will not be of substantial detriment to adjacent property, that the character of the district will not be
changed thereby and that such use will be in harmony with the purpose and intent of this ordinance, with
the uses permitted by right in the district, with additional regulations provided in section 5.0 of this
ordinance, and with the public health, safety and general welfare."
The items that follow will be reviewed by the staff in their analysis of your request. Please complete this
form and provide additional information which will assist the County in its review of you request. If you
need assistance filling out these items, staff is available.
What is the Comprehensive Plan designation for this property? RA
How will the proposed special use affect adjacent property?
The proposed use will have no greater affect on adjacent property than the existing use, because
the proposal is simply to extend an existing power pole by 10' and attach flush mounted antennas
to the extension.
How will the proposed special use affect the character of the district(s) surrounding the property?
The character of the district will not be affected. The proposed use will not generate traffic, light
or noise. The 10' extension to the existing power pole will be practically unnoticeable.
.
How is the use in harmony with the purpose and intent of the Zoning Ordinance?
The use is in harmony with the Ordinance in that it is designed to provide wireless service in a
minimally obtrusive way. In this area, co-location on a power pole was the least visible way of
providing service. A freestanding tower or other potential stealth application such as a flag pole
were determined to be more obtrusive in this area.
How is the use in harmony with the uses permitted by right in the district?
The utility pole on which the antennas will be attached is a by-right use in the district. The
proposal simply calls for a slightly taller pole with flush mounted, same color antennas attached.
What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use?
The requirements of 5.1.40 are applicable, and each has been addressed in this application. The
antennas will be painted a matte brown color to match the pole and will be flush mounted to
minimize visibility.
How will this use promote the public health, safety, and general welfare of the community?
The use of wireless phones has become essential to emergency personnel as well as to members
of the general public needing assistance. This proposal will ensure coverage to ALL TEL
customers along Route 250 in this area.
.
07/1/04 Page 2 of 4
ID
ATTACHMENT A
Describe your request in detail and include all pertinent information such as the number of persons involved in
the use, operating hours, and any unique features of the use:
.
Please see the attached narrative.
ATTACHMENTS REQUIRED - provide two (2) copies of each
o
I. Recorded plat or recorded boundary survey of the property requested for the permit. If there is no
recorded plat or boundary survey, please provide legal description of the property and the Deed Book
and page number or Plat Book and page number.
o
2. Ownership information - If ownership of the property is in the name of any type oflegal entity or
organization including, but not limited to, the name of a corporation, partnership or association, or in
the name of a trust, or in a fictitious name, a document acceptable to the County must be submitted
certifying that the person signing below has the authority to do so.
.
If the applicant is a contract purchaser, a document acceptable to the County must be submitted
containing the owner's written consent to the application.
If the applicant is the agent of the owner, a document acceptable to the County must be submitted that
is evidence of the existence and scope of the agency.
OPTIONAL A TT ACHMENTS:
o 3. Provide 16 copies of any drawings or conceptual plans.
o 4. Additional Information, if any. (16 copies)
Ownerl Applicant Must Read and Sign
I hereby certifY that I own the subject property, or have the legal power to act on behalf of the owner in filing this application.
I also certify that the information provided on this application and accompanying information is accurate, true, and correct to
the best of my knowledge.
.
,);~'-(
Signature of Ow r .
\) I - (' .
h::":.-rc..-r JG{ v-ct w\ttVII S
Print Name ~ I \
ttOVY'-t" CoT ~ f II (.1\1\ +-
July 25, 2005
Date
434-977-4455
Daytime phone number of Signatol)'
7/1/04 Page 3 of 4
n
ATTACHMENT A
APPLICATION FOR SPECIAL USE PERMIT
ALL TEL COMMUNICATIONS OF VIRGINIA, INC.
CHRISTIAN AID MISSION SITE
TAX MAP 59-80A (LINDA K. FORD, TRUSTEE)
DESCRIPTION OF REQUEST
.
ALL TEL Communications of Virginia, Inc. d/b/a ALL TEL desires to construct a personal wireless
services facility on the property of Linda K. Ford, Trustee of the Linda K. Ford Revocable Trust, known as
Tax Map and parcel number 59-80A. Construction of the facility would involve the removal of an existing
43' wooden power pole and replace it with a 53' wooden pole which would accommodate ALL TEL's
antennas above the power lines at the top of the pole. The proposed antennas are 47" panel antennas
which would be flush mounted to the pole and painted matte brown to minimize visibility. In addition,
ALL TEL will locate two 5.5' tall equipment cabinets, also painted brown, at the base of the pole.
ALL TEL has been investigating locating a facility in this area for some time to improve coverage
to its customers in the area. Originally, ALL TEL proposed a stealth flag pole on the Christian Aid Mission
property. That application was reviewed by Planning Staff and the Planning Commission, and then
withdrawn by the applicant when it was determined the pole would not be an appropriate scale for the
site. There are no sufficient groves of trees in the area within which to locate a Tier II facility. During the
review process for the original flag pole application, it was suggested to ALL TEL by County Staff that a
co-location on the power poles across the street would be a more desirable alternative. ALL TEL has
pursued that alternatiye and submits this application as a result of those efforts to adhere to the
recommendations of Staff. ALL TEL thanks Staff for the recommendation and believes this application
demonstrates the recommendation was well advised.
The existing power poles do not have sufficient height to allow propagation of a signal to
ALL TEL's customers. The power lines cannot be lowered and ALL TEL's antennas cannot be located .
below those lines. Therefore, ALL TEL proposes replacing the pole with one only 10' taller to allow co-
location of ALL TEL's antennas above the power lines.
ALL TEL's proposed facility will not increase traffic, nor emit light or noise. The 10' extension to
the power pole will have little or no more impact on the surrounding area than the existing pole does.
This proposal is the best option in this area for the construction of a wireless facility using
minimized visibility as the primary objective in siting the facility. The power poles and lines are already
visible and the 10' extension would significantly increase that visual impact, particularly when compared
to any alternatives, including ALL TEL's original flag pole application or construction of a new tower which
would not be able to be hidden by existing structures or trees.
Therefore, ALL TEL files this Tier III special use permit application. The Planning Commission
and Board of Supervisors have acknowledged that simply falling under the Tier III category does not
inherently make an application less desirable than a Tier I or Tier II application. This is one of the
circumstances where a Tier III application was required even for a minimally obtrusive application.
ALL TEL respectfully requests approval of this application as submitted.
.
11-
.
.
.
ATTACHMENT A
CERTIFICATION OF
. Linda K. Ford, Trustee
Linda K. Ford Revocable Trust Under Agreement Dated August 11, 1970
ALL TEL I Christian Aid MIssIon
I hereby certify that I am the owner of property located In Albemarle County, Virginia
designated on the County tax records as Tax Map No. 05900-00-00-080f.O, and I further certify
that I have granted to ALL TEL CommunicatIons of Virginia, Inc., d/b/a ALL TEL, and its attorney,
Peter J. Caramanis and the law firm of Tremblay & Smith, LLP, the right to file and pursue the
required zoning applications for a personal wIreless services facility on my property, and I do
further confirm and authorize all action taken by them In connection with the filing of those
applications and the approval process.
4u; k IS ..1orP..
Agreement
Linda K. Ford, Trustee
Linda K. Ford Revocable Trust Under
Dated August 11, 1970
/3
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.ATTACHMENT 0
ARCHITECTURAL REVIEW BOARD STAFF REPORT
.
Project #: Name ARB-2005-127: Ford (Alltel) Christian Aid Mission
Review Type Advisory Review for a Special Use Permit; preliminary review of a Site
Development Plan
Parcel Identification Tax Map 59, Parcel 80C
Location 3050 Ivy Road, on the south side ofIvy Road (US Rt. 250), southwest of the
Christian Aid Mission building and southeast of the intersection of SR 677
with Ivy Road
Zoned Rural Areas (RA), Entrance Corridor (EC)
Owner Linda K. Ford, Trustee, Linda K. Ford Revocable Trust
Applicant Alltel Commumcations of Virginia
Magisterial District Samuel Miller
Proposal To construct a personal wireless services facility, consisting of the
replacement of an existing 43' -tall wooden power pole with a 53' wooden
pole with antennas above the power lines.
ARB Meeting Date November 7,2005
Staff Contact Margaret Maliszewski
.
SITE/PROJECT HISTORY
In 1999 the ARB reviewed and approved a proposal to install two panel antennas on the Christian Aid Mission
building, located opposite this site. The current applicant previously proposed a "stealth" flagpole facility on
the Christian Aid Mission property, but staff did not support that proposal due to the scale and appearance of
the proposed pole. The ARB has reviewed no previous proposals for the Ford property.
CONTEXT
The site of the proposed facility is located on the south side of Route 250 West, opposite the Christian Aid
Mission property and Broomley Road. The site of the lease area is a grassy hill. The site slopes up from the EC
to the south, and up from the driveway to the property, from west to east. There is fencing, a row of ilTegularly
spaced trees, and a power line with power poles and related equipment along/near the northern property line.
The character of the general area is transitioning from urban to rural.
PROJECT DETAILS
The applicant proposes to establish a new telecommunications facility. Construction of the facility would
involve the removal of an existing 43' -tall wood power pole and replacing it with a 53' wooden pole with
antennas attached to the pole, above the power lines. Base equipment is proposed, as is a gravel access road.
.
ARB 111712005 Ford (AlItel) Christian Aid Mission - Page 1
32-
.
.
.
ATTACHMENT 0
VISIBILITY
The existing power pole and power lines are visible from the Entrance Corridor. The pole in question is one of
three in a close group on this property. When traveling east on the EC, the power line and the poles on the hill
are visible from a distance of about 2000' west of the site. Approaching the site, trees along the road screen the
poles for a short period oftime within this 2000' -distance. Approaching the Broomley/lvy Road intersection,
the poles again become clearly visible. When traveling west on the EC, the poles become visible in the vicinity
of the Christian Aid Mission site. The ground equipment will be visible to viewers in the immediate vicinity of
the site, when traveling eastbound.
ANALYSIS (based on plans 5-4-05)
NOTE: The text presented in italics, below, is excerpted from the ARB Guidelines. The letter "G" used at the headings of
the italicized text refers to text taken from the "General" section of the Guidelines. The numbers and letters that precede
italicized text correspond to the numbers and letters used in the "Specifics" section of the Guidelines. Only those
guidelines applicable to this proposal are addressed in this report.
Compatibility with Significant Historic Sites:
Structure desi~:
2. Buildings should relate to their site and the surrounding context of buildings.
3. Buildings should have human scale. Scale should be integral to the building and the site design.
4. Architecture should use forms, shapes, scale, and materials to create a cohesive whole.
Proposal: A 53' tall power pole and related equipment are proposed, The pole would have a base diameter
of24" and a top diameter of 14". Equipment would be painted brown.
Comments: Although wooden power poles and power lines may be considered a typical part of to day's
landscape, they have no particular reference to, or compatibility with, significant historic buildings of the
County. Likewise, their form and scale have little relationship to human form. However, power poles
already exist in this location, and the 10' height extension is not expected to have a significant visual
impact. For compatibility, the diameters ofthe proposed pole should match those of the existing power
poles.
Recommendations: Indicate that the concrete pad will be tinted brown. Confirm that the proposed pole
diameters are consistent with those of the existing power poles.
Accessory structures and equipment
1. Accessory structures and equipment should be integrated into the overall development plan and should be
compatible with the building design.
2. Loading, service, refuse and storage areas, mechanical equipment, above-ground utilities, chain link and
similar fencing should be screened to eliminate visibility from the EC
3. Screening devices should be compatible with the design of the buildings and surrounding natural
vegetation.
Proposal: Two equipment cabinets are proposed in a 10' x 20' lease area, As shown in the plan, the
cabinets measure 2' x 5' x 5 V2' tall. The cabinets would be painted brown. An "ice bridge" would connect
the cabinets to the pole. Three antennas would be flush mounted to the top of the pole. Each antenna
would measure 47.4" tall x 11.2" wide and would be painted matte brown.
Comments: Sheet C8 shows the centerline of the antennas at49', but the center ofa 4' antenna whose top
is at 53' would be 51'. The ground equipment and gravel drive will be clearly visible from the EC in the
ARB 11/7/2005 Ford (Alltel) Christian Aid Mission - Page 2
3'3
ATTACHMENT D
proposed location. A carefully designed planting plan could provide for appropriate screening of the drive .
and equipment from the EC. Repositioning ofthe lease area and/or equipment within the lease area may be
required to achieve sufficient screening using this method. Locating the equipment in the right-of-way,
south of the existing hedgerow/thicket could sufficiently screen the equipment, if maintenance of the
hedgerow/thicket could be guaranteed (and ifVDOT approval could be obtained).
Recommendations: Indicate cabinet sizes on the plan. Correct the antenna centerline measurement on
Sheet C8. Show on the plan the northern, southern, and western extents ofthe hedgerow/thicket located
north of the proposed site. Show the hedgerowlthicket as "to remain." Include in the drawing set a
landscape plan showing the following:
Provide a new hedgerow/thicket planting, extending from the existing gravel drive, beyond the
western edge of the existing hedgerowlthicket, eastward to the lease area. Base the new hedgerow
planting on the indigenous species, spacing, and configuration of the existing hedgerow/thicket
located north of the proposed lease area in the right-of-way. The new hedgerow/thicket shall be 20'
wide, minimum, and shall be composed of212" caliper trees (30%), I \;2" caliper trees (30%), and 6'
tall whips (40%). Provide indigenous shrubs species integral to the planting, based on the species and
placement in the existing hedgerow/thicket. The ground plane shall consist of the same grass species
existing currently in this location. No exotic or invasive species shall be included in the planting.
Compatibility with the Character of the Entrance Corridor:
G) Establish a pattern of compatible architectural characteristics throughout the EC to achieve unity and
coherence.
G) Demonstrate sensitivity to other nearby structures within the EC.
G) Strike a balance among significant historic sites, existing character of the EC, and new development.
G) Limit building mass and height to a scale that does not overpower the site or the EC. .
Proposal: The proposed pole would be 10' taller than the existing pole.
Comments: The 10' height increase in the pole is not expected to have a significant impact on the EC. The
addition of flush mounted antennas at the top of the pole is not expected to have any additional negative
impact, given the existing poles, lines, and other equipment attached to the poles. The additional ground
equipment and gravel will be visible.
Recommendations: See comments above under Accessory Structures and Equipment.
Site Development and Layout:
5) Naturalfeatures (creek valleys, steep slopes, significant trees, rock outcroppings) should be reflected in the
site layout. Preserve trees.
5) Site improvements (including structures, walkways, fences, walls, trash containers, outdoor lighting,
recreational facilities, parking lots, loading/service areas, signs) should be located to maximize the use of
existing features to screen such improvements from the EC street.
Proposal: The plan shows existing trees on site and in the right-of-way.
Comments: The plan does not indicate any trees to be removed. There is an existing hedgerow/thicket
along the EC in the vicinity of the proposed site, but it is located in the right-of-way.
Recommendations: Indicate on the plan that all existing trees are to remain. Include on the plan the tree
south of the signal control box, inside the fence line. Show on the plan the northern, southern, and western
extents of the hedgerow/thicket located north of the proposed site. Show the hedgerow/thicket as "to
remain. "
.
ARB 11/7/2005 Ford (AlIte!) Christian Aid Mission - Page 3
'31
ATTACHMENT D
.
6) The placement of structures on site should respect existing views and vistas on and around the site.
Comments: The proposed pole and antennas are not expected to change any existing views or vistas,
although the ground equipment and gravel road leading to the equipment will be visible. New equipment
in this setting is not appropriate.
Recommendations: None.
Site Grading
.
1) Preserve rolling terrain. Site grading should respect existing topographic characteristics and blend with
adjacent properties to create a continuous landscape.
2) Site grading should not change the basic relationship of the site to surrounding conditions.
3) Steep cut or fill sections are generally unacceptable.
4) Cut andfill slopes should be rounded (minimum ten foot radius) to meet adjacent conditions.
5) No grading, trenching, or tunneling should occur within the drip line of trees or other existing features
designated for preservation.
6) Tree preservation areas must be clearly delineated on the plan and must be protected prior to grading, with
protection remaining in place until completion of the development of the site.
7) Preservation areas should be protected from storage or movement of heavy equipment.
8) Natural drainage patterns (or to the extent required, new drainage patterns) should be incorporated into
the finished site to the extent possible.
Proposal: A minimal amount of grading is proposed around the new lease area and at the eastern end of the
proposed gravel access road. Several existing trees are shown on the plan. A portion of an existing area of
vegetation is shown north of the proposed lease area. A silt fence is shown on the west side of the lease
area and along the western portion of the north side of the lease area.
Comments: No trees are identified for removal, but the plan does not specify that all trees will remain.
Recommendations: Include information in the plan to confirm that all existing trees will remain. Show on
the plan the northern, southern, and western extents of the hedgerow/thicket located north of the proposed
site. Show the hedgerow/thicket as "to remain."
LANDSCAPING
G) Provide landscaping that reflects the landscape characteristic ofhistoric sites (typically, lawns with shade
trees) .
G) Provide landscaping that promotes visual order within the EC.
G) Provide landscaping that helps integrate buildings into the corridor.
Proposal: No new landscaping is proposed.
Comments: A carefully designed planting plan could provide for appropriate screening of the drive and
equipment from the EC.
Recommendations: See recommendations under "Accessory Structures and Equipment."
LIGHTING
General Guidelines
1) Lighting should be contained on the site and not spill over onto adjacent properties or streets.
2) Light should be shielded, recessed, or flush-mounted to eliminate glare.
3) Light should achieve an incandescent effect.
6) In determining the appropriateness of lighting fixtures, the individual context of the site will be
.
ARB 11/7/2005 Ford (AlIte]) Christian Aid Mission - Page 4
'35
ATTACHMENT 0
~~ .
Proposal: No lighting has been proposed.
Comments: Temporary lighting for maintenance purposes is typical for this type of installation,
Recommendations: Include a note on the plan indicating that the only lighting proposed for the site is for
temporary maintenance purposes.
SUMMARY OF RECOMMENDATIONS
Staff recommends the following as the primary points of discussion:
1. Degree of visibility of the antennas and increased pole height.
2. Anticipated visual impact of the ground equipment and gravel drive.
3. Appropriateness of screening plants.
Staff offers the following comments on the preliminary site plan:
1. Indicate cabinet sizes on the plan. Correct the antenna centerline measurement on Sheet C8.
2. Indicate that the concrete pad will be tinted brown.
3. Indicate on the plan that the existing trees are to remain. Include on the plan the tree south of the signal
control box, inside the fence line. Show on the plan the northern, southern, and western extents of the
hedgerow/thicket located north of the proposed site. Show the hedgerow/thicket as "to remain."
4. Include information in the plan to confirm that all existing trees will remain. Show on the plan the northern
and southern extents of the hedgerowlthicket located north of the proposed site. Show the
hedgerow/thicket as "to remain."
5. Include a note on the plan indicating that the only lighting proposed for the site is for temporary
maintenance purposes.
.
.
ARB 11/7/2005 Ford (Alltel) Christian Aid Mission - Page 5
'30
.
.
.
ATTACHMENT D
View of site from the south side ofIvy Road and the west side of the Ford driveway, facing southeast.
ARB 11/7/2005 Ford (AlItel) Christian Aid Mission - Page 6
'37
~
COMMONWEALTH of VIRGINIA
COMMONWEALTH TRANSPORTATION BOARD
1401 EAST BRQI\D STREET
RICHMOND, VIRGINIA 23219-20DO
JOHN J" DAVIES, III
CULPEPER
MEMORANDUM
FROM:
John J Da
Writer', E-mail Address:
jdavia@db..luom
TO:
s
DATE:
Attached is The Trans OItation Pmtnershi 0 OItunity Fund Guidelines and Criteria,
This repOIt has been submitted to the money committees and t e transpOItation committees in the
Senate and House
It is important that you recognize that this fund can be utilized for projects in ow' mea
You should look at the OppOItunity this presents for getting pIOjects completed in your
community
JJDIII/chm
Attachment
CIB\Statewide Projects (27722 017)\Culpeper District Official MEM 11 02 05 doc
I ~ / ~:,,'
/,?/'v/" '
,j-"
(V'#~
/
VirginiaDOTorg
WE KEEP VIRGINIA MOVING
The Commonwealth of Virginia
The
Transportation Partnership
Opportunity Fund
Guidelines and Criteria
September 2005
TABLE OF CONTENTS
Introduction
The Act
lranspOItation Parmership Opportunity Fund Administration
Eligible Applicants
Eligible Projects
Project Ownership .
Application Process
Minimwn Eligibility Requirements
Application Evaluation Criteria
Transportation Evaluation Criteria
Economic Development Criteria
Advisory Panel Notification
Financing Commitment
Economic Development I ransportation Projects
Loan Closing/Grant Award
Disbursement Process.
Loan Ierm/Repayment
Recipient Reporting Requirements .
Appendix A: Chapter 847 of the 2005 Acts of Assembly
Appendix B: Assistance Application
Page I
Page I
Page I
. .. Page 2
Page 2
. Page 3
Page 3
.Page 3
Page 4
Page 4
Page 4
. .Page 5
.. Page 5
Page 5
..Page 6
Page 6
. Page 6
Page 6
Appendix C: Virginia Economic Development Parmership - Draft PeIfonnance
Agreement
Appendix D: The Governor's Opportunity Fund Guidelines
Transportation Partner'ship Opportunity Fund
Introduction
Chapter 847 of the 2005 Acts of Assembly (the "Act") is the legal framewolk creating
the Transportation Partnership Opportunity Fund ("lPOF" Ot the "Fund") The Fund is
to be used by the Governor to encoulage the development of transportation projects
through the design-build provisions of ~ 331-12(2)(b) of the Code of ViIginia (the
"Code") and pursuant to the Public-Private 1 ranspOItation Act of 1995 (9 56-556 et seq
of the Code) (the "PPTA") The Governor may also use the Fund to provide monies to
address the transpOItation aspects of economic development opportunities,
I ~.Atl
{FoI1lllltted
1
-'
The Act authOIizes monies to be awarded from the Fund by the Governor as grants,
revolving loans, or other fmancial tools and equ~ conttibu!i?~_!~.~ ~~~cy or political . '':---(',
subd~i9A_{)fJ!l~~0~~weaIth ~f.V~gi.!l!l!.2l to-~iiii'clltee~ti!yor operator that has '.
submitted a proposal 01 that lUiSSlgn~!!_(;Ql!!P!e~~t\,~~gl:~(lIlt to develop a
ttatis~~~o~_~~ pwsuanf to .~!i~~_p~()~i~ns of the Code
It is the intent of the Act to encowage the development of transportation projects through
design-build and the PP1A and to provide funds to address the transportation aspects Of),1
economic development opportunities, including, but not limited to, the creation of jobs
and to promote private investment for economic development projects that may result in
the availability of the facilities in a more timely or less costly fashion,
The following guidelines and criteria have been developed by the Commonwealth
Transportation Board (the "eTB"), in consultation with the Secretary of Transportation
and the Secretary of Commerce and Trade to guide the process of applying for and
receiving financial assistance from the Fund
The complete text of the Act has been included as Appendix A to these guidelines
Although guidance is provided herein with regard to application of the Act, it will be
incumbent upon all entities, both public and private, to read the Act in its entirety, and to
comply with the provisions of the Act
'---~-
Monies in the Fund will be awarded b the Govern the form of grants, revolving J jJ,
loans OI other financing tools and equity . tions 4l1'11~~J1le ~uniJ:o!UJ2J~j30 ~~.
million will be interest-free L~an terms will vary but shall no.!. exceed sev~jeiiS lhe
ACt~so autho~~.~.: Governor to award grants of u~!.?~~i~lI
Assistance or commitments from the Fund will be limited to the total value of money that
is available in the Fund The Fund has been created with an initial capitalization of $50
million Repayments to the Fund of loans, any revocation of assistance provided to
Guidelines and C,iteria
Page 1
Septembe,2005
Transportation Partner'ship Opportunity Fund
entities that fail to meet performance criteIia, any interest and dividends earned on the
Fund and any other appropliations may be used for additional loans 01 grants fm other
projects '
After award by the Govemm, the Fund will be administered by the C I B acting through
the Virginia Department of TIansportation ("VDOT'), in consultation with the Secretary
of Commerce and TIade and the Virginia Economic Development Partnership VDOI
will manage the overall administration of the IPOF, with the Secretary of Commerce and
Trade and the Virginia Economic Development Partnership providing guidance with
respect to the economic development features of the program
Eli2ible Applicants
Financial assistance from the Fund may be awarded to any agency 01 political
subdivision of the Commonwealth of Virginia In addition, a plivate entity or operator,
as defmed in ~ 56-556 et seq of the Code, which has submitted a proposal or that has
executed a comprehensive agreement to develop a transpottation facility pursuant to the
PPI A is eligible to apply for financial assistance
Eli2ible Proiects
The financial assistance may be used for transportation capacity development, on and off
site; road, rail, mass transit or other transportation access costs beyond the funding
capability of existing programs; studi~ of transportation projects including but not
limited to environmental amiiysis, geo~CiI-issessment, survey,-aeslgii8nd
engmeeimg;-aavanceIlglif-of-WiiY/iCqu---mnon, tnilfic-ari&ysiS,tollsensitivity studies,
fllancUil analysis, 01 any othei transportation devefopmeiifiic1fvirypermitted by law
Monies may be used for any mode of transportation project or any mode of transportation
facility that may be developed pursuant to ~ 33, 1-12(2)(b) of the Code, the PPT A, I itle
33 1 of the Code or other applicable federal, state or local law
I ransportation aspects of economic development projects that are also eligible for
funding tlnough the Revenue Sharing Program, the Industrial Road Access Program, the
Industrial Rail Access PIOgram, the Rail Preservation Program or the Rail Enhancement
Program, may be eligible to receive financial assistance from the Fund, However, it must
be demonstrated that such additional funding is necessary. Amounts received from these
I other funding sources, or used to leverage additional monies from the Fund, may not also
L--be used for the required non-state match
Monies from the Fund are not to be used to supplant existing or programmed funds from
other existing public sources, but are to be used to support prqjects and activities beyond
the funding capability of existing programs
Guidelines and Crilel ia
Page 2
Septembel 2005
Transportation Partnership Opportunity Fund
Monies from the Fund that are to be used for transportation aspects ofan economic
development project must meet the economic development criteria of the Governor's
Opportunity Fund. Funds used to match the Govemor's Opportunity Fund cannot be
used to match the TPOF, although both sources of monies can be used for a project.
Funds from the Virginia Tobacco Indemnific'ation and Community Revitalization
Commission may be allowed as matching funds for this purpose
Proiect Ownership
Projects that are developed with monies from the Fund shall not become private property
and shall be maintained by the appropriate entity pursuant to applicable agreements
following completion Any reports, studies, analysis, and other forms of intellectual
property created or developed using monies from the Fund shall become property of the
Commonwealth.
Application Process
VDOT, in cooperation with the Secretary of Commerce and Trade and the Virginia
Economic Development Partnership, will accept applications from eligible applicants for
consideration. Agencies and political subdivisions of the state may apply at any time
Private entities, on behalf of a specific transportaJiQ.n.prQject may applY..illLOr after the
. date a proEosal is ~iYed p~ to t~~ocess A C,Qpyof theapp1ication is
pro~e<!~_~~- All applications for assistance from the Fund shall be sent to
VDOT's Chief Financial Officer (the "CFO") and addressed as follows:
Transportation Partnership Opportunity Fund
Attn: Chief Financial Officer
Virginia Department of Transportation
1401 East Broad Street
Richmond, Virginia 23219-2000
All applications will be reviewed to determine that the minimum eligibility requirements
have been satisfied. The minimum eligibility requirements are as follows:
Minimum Eligibility Requirements
· The applicant is an agency or political subdivision of the Commonwealth, or
a private entity applicant with (i) a PPTA proposal that has been submitted or (ii)
a comprehensive agreement that has been signed under the PPT A.
· The project addresses the needs identified in the appropriate state, regional or
local transportation plan
· The pr~ject either meets the design-build andlor PPIA requirements, or meets the
economic development criteria of the Governor's Opportunity Fund.
Guidelines and Critel ia
Page 3
September 2005
Transportation Partnel'Ship Opportunity Fund
Following an applicant's selection for evaluation, meetings maybe conducted with the
applicant. The purpose of the meetings will be to review and confum the information
contained in the application. Representatives of the applicant, VDOT staff and staff from
the applicable modal oversight agency and the Virginia Economic Development
Partnership staff, as appropriate, shall participate in the meetings
Application Evaluation Criteria
Following receipt of the applications and a review by staff to assure the basic statutOIY
requirements have been met, a TPOF Advisory Panel, consisting ofVDOT's Chief
Financial Officer, an Executive Officer of the applicable modal oversight agency, a
Deputy Secretary of I ransportation and a Deputy SecretllIY of Commerce and Trade, will
evaluate those applications to ensure that the applicant(s) meets the transportation and
economic development evaluation criteria Applicants meeting the evaluation criteria
become eligible to receive assistance, subject to the availability of funding In
circumstances where the total amount of assistance requested exceeds the total amount of
funding available, eligible applications that include applicant matching funds or equity
contributions and pr~jects that are in an advanced state of readiness- to-proceed, will
receive priority consideration for assistance
I ulDspor tation Evaluation C. iteria
---/'
(
\
· Financial feasibility of the project plan of finance, including the capacity to repay
any loan and mitigate major risks
· The extent to which the project would encourage or include public-private
pllItnerships and attract private debt, equity investment, and/or dedicated revenue
sources such as tolls or special taxation revenue or funds from any other local,
federal or private source.
· Extent to which funding would advance the project's or facility's schedule to an
earlier completion date
· The entity's experience implementing similllI projects, including the use of new
technologies .
· CompllIative benefits resulting from the development of the proposed
transportation project or facility
~onomic Development Evaluation Criteria
· Project must meet minimum criteria established in the Governor's Opportunity
Fund Guidelines
Guidelines and Criteria
Page 4
September 2005
Transportation Partnership Opportunity Fund
Advisory Panel Notification
Following evaluation by the TPOF AdvisolY Panel, the VDOT Chief Financial Officer
shall plovide findings and recommendations of the Panel to the SecretaI)' of
Transportation, the SecretaIy of Commerce and Tlade and the applicable modal oversight
board and agencies
FinanebtS! Commitment
Following notification by the T POF AdvisolY Panel, the Secretary of Transportation and
the SecretaIy of Commerce and fIade will submit to the Governol a recommendation of
funding fOI the successful applicants Once assistance from the Fund is approved and
awarded by the Governol, a WIitten commitment (the "Financing Commitment") will be
provided to the potential recipient. The commitment will outline the type of assistance to
be provided and in the case of a loan, the required secUlity provisions, the loan term and
payment provisions, the amount of assistance to be provided and any conditions that must
be met by the applicant pliO! to loan closing or gIant award The commitment must be
accepted and signed by the potential recipient and retuIned to VDOI within thiIty (30)
days of the commitment date to presexve the funding The Financing Commitment, once
executed, establishes a legal obligation fOI the funding subject to appropliation and the
texms and conditions of the Financing Commitment, as well as the recipient's legal
obligation to pelfolm
(
Economic Development lraosDortation Proiects
FOI tIaDSpOltation projects associated with economic development opportunities, ~':
pelformance agreement shall be executed between the SecretalY of Commerce and hade
and the appropliate local govelnment, state agency, political subdivision, or public body
. - corpor8.1:e an.,fpolitic aiidilieplivateentityLtlat re~etvestlie plincipal benefit of financing
from the Fund before disbursement of any monies. The pexfolmance agreement will
include a statement that the recipient will reach the specified job creation and capital
investment levels within 30 months after disbursement offunds and maintain those levels
at least throughout the 30-month period or until the Commonwealth reaches its "break
even" point as established by the fetwn on investment as prepared by the Virginia
Economic Development Partnership, whichever is later
It those pelfolmance critexia are not met, the plivate entity shall repay to the Fund, an
amount as required by the terms and conditions of the petfotmance agreement The CIB
may, however, in consultation with the Secretary of"Iransportation and the SecretaIy of
Commerce and Tlade, gIant a paItial or total waiver to the repayment 01 extend the
perfolmance peliod if it can be demonsbated that the transpoltation improvements
developed with monies fmm the Fund had other economic benefits to a locality of the
Commonwealth beyond that directly attributable to the plivate entity which was the basis
for an application for monies from the Fund
Guideline.5 and Criteria
Page 5
September 2005
Transportation Partncl'Ship Opportunity Fund
Loan Closin2lGrant A wardIFinancine Aereement
Any conditions or prerequisites to receiving the assistance that are outlined in the
Financing Commitment must be met prior to execution of the Financing Agreement
VDOT and the applicant will enter into a financing agreement for the funds, The
Financing Agreement will include the secwity provisions for the assistance, repayment
terms along with the amOJtization schedule, representations and wananties, finance plan
requirements, bOITower covenants, disbursement requirements, monitOJing and repOlting
requirements and will specify any other terms and conditions for the financial assistance
Disbursement Process
Disbursement of the financial assistance can begin following execution of a Financing
Agreement Assistance from the Fund may be paid to the recipient based on costs
incwred for the project In some instances, disbursement may be allowed on a lump sum
basis, subject to sufficient justification, where a portion, up to the maximum amount of
assistance approved, could be disbursed at a single time
Recipients will submit a disbursement request to VDOI, VDOI will review the request
for completeness and if acceptable approve the request for disbursement, VDO T will
notity the recipient within 30-days of any deficiencies in any disbursement request,
Upon receipt of an approved disbursement request, VDO r will then forward the request
to the Virginia Department of the Ireasury (the "Treasury") for payment
Loan I ermlRep8vment
Loans from the Fund will have their term set by the Governor I elms and repayment
provisions will vary depending on the type ofproject and the availability of revenues or
other funds. All loans must be repaid within 7 years of the date of loan closing. The
frequency of payments of principal will vaJy according to the recipient and will be
established as a part of'the loan closing process. Loan recipients will make their
payments to the Treaswy
VDO I will be responsible for monitoring and enswing repayment of the loans,
Recipient Reportine Requirements
Recipients of IPOF assistance will be required to provide VDOI and the Secretary of
Commerce and I rade with various reports, certificates and documents dwing the project
development phase as well as throughout the life of any loan Submittals of annual
audited and interim, unaudited financial statements, approved budgets and use of funds
reporting will be required as a condition of accepting assistance from the Fund. In
addition, the recipient shall provide disclosure of any material events that could affect its
Guidelines and Criteria
Page 6
September 20.0.5
Tr'ansportation Partnel'Ship Opportunity Fund
ability to complete and, if applicable, operate the project Other special reporting
requirements may be required on a case-by-case basis All reporting requin:ments will be
included in the financing agreement Recipient reports will be due April 1 and October 1
dwing the teJm of any outstanding loan or, for gIant recipients, until completion of the
assisted project VDO I shall seek to minimize reporting requirements for smaller gIants
and loans,
Guidelines and Criteria
Page 7
September 2005
Transportation Partnership Opportunity Fund
Appendix A
Chapter' 847 of the 2005 Acts of Assembly
CHAPTER 847
An Act to amend the Code oj Virginia by adding a section numbered 33./-221./:8.
relating to the Transportation Partner5hip Opportunity Fund
[H 2793]
Approved March 26, 2005
Be it enacted by the General Assembly of Virginia:
L That the Code ofViIginia is amended by adding a section numbered 33.1-221.1:8 as
follows:
~ 33.1-221.1:8 Transportation Partnership Opportunity Fund
A There is created the Transportation Partnership Opportunity Fund (the Fund) to be
used by the Governor to encourage the development aftramportation projects through
design-build pursuant to 9 33.1-12 (2)(b), the Public-Private Transportation Act (,9 56-
556 et seq) and to provide funds to address the transportation aspects of economic
development opportunities. The Fund shall COllSlst of any funds appropriated to it by the
general appropriation act and revenue from any othel source, public orprivate The
Fund shall be established on the books of the Comptroller; and any funds remaining in
the Fund at the end oj a biennium shall not revert to the general fund but shall remain in
the Fund All interest and dividends that are eamed on the Fund shall be credited to the
Fund The Governor shall report to the chairmen of the House Committees on
Appropriations, Finance, and Tramportation and the Senate Committees on Finance and
Transportation as funds are awarded in accordance with this section
B The Fund shall be a component of the Commonwealth Transportation Fund but not a
component 01 subcomponent of the Transportation Trust Fund or the Highway
Maintenance and Operating Fund Provisions of this title and Title 581 relating to the
allocations 01 disbursals of proceeds oj the Commonwealth Transportation Fund, the
Transportation Trust Fund, or the Highway Maintenance and Operating Fund shall not
apply to the Fund
C Funds shall be awarded from the Fund by the Govem01 as grants, revolving loans, or
other financing tools and equity contributions to (i) an agency 01 political subdivision oj
the Commonwealth or (ii) a private entity 01 operator which has submitted a proposal or
signed a comprehensive agreement to develop a transportation facility pursuant to 9 56-
556 et seq Loans shall be approved by the Governor and made in accordance with
procedures established by the Commonwealth Transportation Board and approved by the
Comptroller Loans shall be interest-free and shall be repaid to the Fund The Gover nOl
may establish the duration of any loan, but such telm shall not exceed seven yeats, The
Guidelines and Criteria
September 2005
Transportation Partnership Opportunity Fund
VIrginia Department of Tt'CU/5fJOttation shall be re$ponsiblef07 monitor ing repayment oj
such loans and reporting the receivables to the Comptrolle, as requited
D. Grants or revolving loans may be usedfor tramportation capacity development on
and off $ite, road, rail, mass transit, 07 other transportation access costs beyond the
fUnding capability oj existing programs. studies of tran$portation projects including but
not limited to envitonmental analysis, geotechnical assessment, survey. design and
engineering, advance right-of-way (U;'quisition. traffic analysis, toll sensitivity studies,
financial analysis, or anything else permitted by law. Funds may be usedfor any
transportation project or a~y transportation facility Any transportation infrastructure
completed with moneys from the Fund shall not become private property, and the results
of any studie.s or analysis completed as a result oj a grant or loan from the Fund shall be
property of the Commonwealth
E The Commomvealth Transportation Board, in consultation with the Seoetary oj
Transportation and the Secretary ofCommetce and Trade, shall develop guidelines and
criteria that shall be used in awarding grants or making loans from the Fund, however;
no grant shall exceed $5 million and no loan shall exceed $30 million. No grant or loan
shall be awarded until the Governor has provided copies of the guidelines and 0 iteria to
the chairmen of the House Committees on Appropriations, Finance, and Transportation
and the Senate Committees on Finance and Tran$portation The guidelines and oiterja
shall include provisions including, but not limited to, the number a/jobs and amounts oj
inve,stment that must be committed in the event moneys are being used for an economic
development project, a statement of how the studies and analysis to be completed using
moneys from the Fund will advance the development of a tramportation facility, a
proces s for the application for and teview of grant and loan requests, a timeframe for
completion of any work, the comparative benefit resultingfrom the development of a
tra7l$portation project, assessment of the ability oj the recipient to repay any loan fUnds,
and other criteria as necessary to support the timely development of transportation
projects The criteria shall also include incentives to encowage matching funds from any
other local, federal, or pr ivate source
F Within 30 days oj each six-month period ending June 30 and December 31, the
Governot shall provide a report to the chairmen of the House Committees on
ApplOpriatiom, Finance and Transportation and the Senate Committees on Finance and
Transportation which shall include, but is not limited to, the following information the
location (county, city, or town) oj the project, the amount of the grant or loan made or
committed from the Fund and the purpose for which it will be used, the number of jobs
created or projected to be created and the amount of a company'.s investment in the
Commonwealth if the project is part of an economk development Opp01 tunity
G. The Governor shall provide grants and commitments from the Fund in an amount not
to exceed the total value of the moneys contained in the Fund If the Gover nor commits
fUnds for years beyond the fiscal years covered under the existing appropriation act, the
State Treasurer shall set aside and reserve the fUnds the Governor has committed, and
the fUnds $€t aside and reserved shall remain in the Fund for those fUture fiscal years No
Guidelines and Criteria
September 2005
Transportation Partnership Opportunity Fund
grant or loan shall be payable in the years beyond the e:nsting appropriation act unless
the fUnds are currently available in the Fund
2 That it is the intent of the General Assembly that the Govemor and the chairs of the
Iransportation Committees of the Senate and House of Delegates, or their respective
designees, will facilitate the development of model guidelines to assist in the
implementation of this act, that public entities and private sector businesses will be
consulted in the development of such guidelines, and that such model guidelines will be
completed and made available to public entities covered by this act not later than
September 30, 2005.
Guidelines and Criteria
September 2005
Transportation Partner'Ship Opportunity Fund
ADDendix B
The Commonwealth of Virginia
The
Transportation Partnership
Opportunity Fund
Assistance Application
September 2005
Guidelines and CrUet ia
September 2005
Transportation Partnenhip Opportunity Fund
THE COMMONWEALTH OF VIRGINIA
All applicants must complete Sections 1 and 2 PIivate entities may reference the
location of material contained in their detailed proposals for the same information
requested in Sections 3, 4 and 5
SEClION 1 Contact Information
Applicant's Legal Name:
Other Names Under Which Applicant Does Business:
Federal Tax Identification Number:
Business Address:
Mailing Address (Ifdifferent from above):
Contact Person Name:
Contact Person I itle:
Contact Person Mailing Address (If different from above):
I elephone Number:
Fax Number:
E-mail Address:
10.... __m____..___.. ....h___.h_______,,__ - ___mno. "__._,, ___m____...... __'__ .
SECTION 2 - Assistance Reuuested
Type of Assistance Requested: ( ) Loan ( ) Grant ( ) Other:
Amount of Assistance Requested: $
Guidelines and C,itelia Septembe,2005
{Fol'lllat-.cl
___--.J
Transportation Partnership Opportunity Fund
SECrION 3 - Project Information
Ibis section requires nanative information and an exhibit The list below must be
included in the application package with responses attached and numbered to correspond
to the respective item
Project Name Assign a shOlt name to the project for identification pwposes.
2 Location Describe the location of the project, including major intersecting highway
and rail routes Attach a map as Exhibit 1 Include the county or counties that the
project will serve.
3 Project Development Process Is this project developed pursuant to design-build or
the Public Private 1 ransportation Act or is it to address the tIanspottation aspects of
an economic development opportunity? PlOvide a refenmce to the PPIA or design-
build project and the project's status under the applicable process
4. Purpose of TPOF Assistance Describe what aspect of the project for which the
assistance will be used Provide a breakdown of the proposed use of the assistance
5 Project Description. Descnbe the need for the project, its basic design features and
what the project is intended to accomplish. Include an assessment of the current
condition of all tnmspottation facilities relating to the project. For a construction
project, describe the difference in the cwrent project scope as compared to any
approved environmental docwnents or study alternatives. If no environmental
assessments or reviews have been completed on the project, provide an explanation
and a schedule outlining the steps to comply with the National Environmental Policy
Act Describe how the funds provided will enhance the tnmspOItation aspects of
economic development opportunities for the local area and the State in general lhe
description should include, but not be limited to, the number of jobs created as a
result of the project and the amounts of investment that will be committed in the
event that the funds are being used for an economic development project, Include a
statement as to how the studies and analyses to be completed using moneys from the
TPOF will advance the development of a transportation facility or project.
6 Project Schedule Provide a timeline that shows the estimated start and completion
dates for each major phase or milestone of the project development, construction
and/or acquisition Indicate the applicant's current status with respect to the timeline
Indicate the extent to which TPOF assistance will expedite the schedule or aid in
meeting the schedule List any other critical path issues.
7 Pennits and Approvals. List all major permits and approvals necessary for
construction of the project and the date, or projected date of the applicant's receipt of
such permits and approvals The list should include permits and approvals required
under local, regional, state and federal laws and regulations Indicate when
outstanding approvals by the governing entities are expected. Describe the status of
Guideline!. and Criter ia
September 2005
Transportation Par1nership Opportunity Fund
the environmental review docwnents. Copies ofmajorpeImits and approvals will be
required upon execution of a financing agreement
g. Project Management and Compliance MonitOIing Plan Include a comprehensive
project management and monitoring plan that will assure the project sponsor's ability
to deliver the project as planned, fulfill all project commitments and ensure
compliance with all terms of the financing agreement, including all applicable
regulations and provisions of law
9 Maintenance and Operations Include a description of the maintenance and
operations plan for the project Include projections of maintenance and operations
expenses and the source of payment for these expenses
I .
Guidelines and C,iter ia
September 2005
,- l FormBtted
J
Transportation Partnership Opportunity Fund
SECTION 4 - Plan of Finance
The following section pertains to the plan offtnance for the project Ibis section also
requests nanative information and exhibits
Estimated Project Cost (Uses ofFunds) Provide a detailed budget for the project
The budget should include all applicable and anticipated expenses and cost fOJ
administrntive services, feasibility studies, preliminmy engineering and
environmental assessments, right-of-way acquisition, vehicle acquisition,
construction, consuuction adminisuation, project management and inspection and
other engineering or technical services, contingencies and any other cost categOlies as
may be necessary All cost estimates should be shown on a year-of-expenditure, cash
basis that include any necessary explanations as to assumptions used to determine
estimates
2 Sources of Funds, Provide a table that reflects the amount of funding from each
source of funds for the project, including the TPOF funding, Include, as applicable,
federal giants and/or loans, state giants and/or loans, local grants and/or loans, private
investment and/or equity conttibutions, bond proceeds, other bonowings and any
other sources of funding that will be used for the proj eet In addition, provide in
narrative form the following information for each source of funding Supplement the
nanative with a chart showing the flow of funds
Description ofTPOFFunding
. The entity requesting the grant OJ loan
. If a gIant is being requested, discuss when the funding is expected or
needed
. If a loan is being requested, discuss the following:
· Provide documentation evidencing authodzation to commit to loan
repayment;
The source of repayment for the TPOF loan;
· If project revenues are the source of repayment, the priority of
repayment of the loan with respect to project revenues;
· If non-project revenues are the source of repayment (eg general
revenues, appropriations, etc), the ptiotity of repayment of the loan
with respect to borrowing entity's other liabilities;
· The secwity featm'es for the loan, including any pledged revenues
and collateral;
· Debt service coverage on the loan.
· Whether the source of repayment is contingent on the project's
completion;
· Whether' the source of repayment is subject to future allocations,
appropriation and/o1 govetning body approval; and
· Proposed payment schedule
Guidelines and Cl iter ia
September 2005
Transportation Partnership Opportunity Fund
Description oj other govemmental grants
The specific governmental entity providing the grant
. The timing for receipt of the grant, including the key steps that must occur
in order to receive the grant, such as environmental permits, receipt of
otheI funding, resolutions adopted by the entity, budget appropriations,
etc. Provide relevant documentation for those steps that have occurred
. Any known level of commitment associated with the grant
. Requirements that will be imposed by the entity on the use of the grant
monies or the prQject
Description of othel loans, debt 01 other borrowing
. The lender and legal entity borrowing the money
. The source of repayment for all other debt and the priority of payment
relative to other project borrowing
. Security features fOJ all otheI debt, including any pledged revenues and
collateral
. Covenants related to the financial or operational performance of the
project, such as coverage levels, and the incurrence of additional debt
. Structure, including the term, amortization and whether' the loan will be
fixed or variable Jate and expected fIxed rate 01' expected spread to
specified index fot variable rate debt
. Anticipated credit ratings if funds are to be borrowed through a public
debt offeIing
. Any credit enhancement 01' other guarantees
. The timing for the bOllowing or issuance of debt, including the key steps
that must occur Provide relevant documentation for those steps that have
occurred
Description of equity and private investment.
. The entity, or entities, providing the equity or private investment.
. The mechanism(s) for how the investor(s) will be repaid, for example
from excess cash flow, periodic scheduled payments, lump-sum payment
from additional debt incuued in the future, ete
. The expected rate of return and justification for the rate of retuIn
. Any anticipated revenue sharing with any entity
. The timing for receipt of the investment, including the key steps that must
occw in order to receive the funds. Provide relevant documentation fOI
those steps that have occurred
. Any major conditions or requirements that will be imposed by the
investor(s) on the project
3 Pro FOJma Cash Flow. Provide pro fotma cash flows, reflecting the flow of fimds
and showing revenues, all debt repayment, including any loans under the IPOF,
Guidelines and Critel ia
Septembel2005
Transportation Partnership Opportunity Fund
maintenance and operations expenses and any payments to equity/private investors
Provide a detailed description of assumptions and justification of the assumptions
4 Risks and Mitigation. Identify the risks to the project completion and the sufficiency
of revenues to repay the loan Samples of these types of risk could include cost
escalation, timing of approvals and permits, litigation, and availability of other
funding Identify the mitigation strategies for any acknowledged risks, including any
payment and perfOlmance guarantees
5 Provide year"Cnd audited financial statements for the past three years for each project
team member and the parent entities
Guidelines and Criteria
September 2005
Tr'ansportation Partnership Opportunity Fund
SECIION 5 - Applicant OrEanization Information
This section requests mUtative infonnation and exhibits The list below should be
included in the application package with responses attached and numbered to conespond
to the applicable item
Describe the applicant's legal framework including past histOlY and ownership
structure Include a copy of the statutory authority under which the entity was
created
2 Describe the legal authority of the applicant to carry out the proposed project
activities This deSCIiption should include discussion of the applicant's ability to levy
taxes, issue debt, charge tolls or other fees and/or receive assistance from the
Iransportation Partnership Opportunity Fund Provide documentation in the form of
an exhibit as applicable
3 Identify whether governmental entities, other than the applicant, must applOve the
submission of the application package, the funding of activities or the canying out of
activities described in the application Provide documentation in the fOIm of an
exhibit as applicable
4. Describe the applicant's organizational structure and the applicant's relationship to
any subsidiaries or affiliates. Include the legal names of key principals and staff and
any recent or proposed changes to the organization structure.. If applicant is part of a
joint venture, identify all partners and each parmer's relationship to any subsidiaries
or affiliates.
5 Provide an organization chart, in the form of an exhibit, to include the major parties
involved in any aspect of the project Include the major service contractors that have
been, or will be, retained for the project
6 Describe the applicant's prior. experience as it relates to canying out projects similar
to that being proposed Include prior experience in relation to the implementation of
any new technology and the success of the use of such technology
7 Describe any CUlrent, threatened, or pending litigation involving the applicant related
to permitting, public involvement, environmental irregularities, construction defects,
securities fraud, conflict of interest, failure to perform under a state or federal
contract, or other charges which may reflect on the applicant's fmancial position or
ability to complete the project
Guidelines and C,jtel ia
Septembel2005
Transportation Psrtnenhip Opportunity Fund
Appendix C
Vir.ginia Economic Development PllItnenhip
Draft Perfor'mance Agr.eement
This Performance Agreement made and entered this day of
200_, by and between the COUNTY OF _' VIRGINIA, a municipal corporation,
hereinafter called "COUNTY" and , a cOIporation,
hereinafter called "COMPANY 11
WITNESSETH:
That whereas COUNTY has received a grant of and expects to receive the sum of
$100,000.00 fium the Governor's Opportunity Fund through the Virginia Economic
Development Partnership for the purpose of inducing Company to locate in the
COUNTY OF _, VIRGINIA, build a facility, and employ a significant number of
persons,and
Whereas the COUNTY is willing to provide the funds to Company provided
Company meets certain criteria relating to employment projections and capital
investment, and
Whereas the COUNTY is required to return all OJ a portion of the funds 80
received to the Commonwealth of Virginia if the perfOlmance criteria of Company ale
not met,
Now the parties hereto, in consideration of the foregoing, and the disbursement of
funds, hereafter provided, agree as follows:
1 COUNTY will disburse the entire amount of funds provided to it from the
Governor's Opportunity Fund, expected to be the sum of $100,000.00, to Company to be
used by Company in the preparation of the site upon which Company shall construct and
operate a facility in the COUNTY OF _, VIRGINIA
2 Company will construct and operate a facility on the site in the COUNTY
OF ---' VIRGINIA, with an investment of at least $10,000,000.00 in improvements,
machinery, and equipment, and will create and maintain 400 jobs at said facility, allover
a 30-month time period measured from the date the funds from the Governor's
Opportunity Fund are received by Company For purposes of this Performance
Agreement, "maintain" means that the jobs created pursuant to the Grant will continue
without intenuption from the date of creation through at least the end date of the thirty-
month period or until the Commonwealth reaches its "break-even point" as established by
the return on investment (ROI) prepared by VEDP, whichever is latel For this purpose,
the break-even point is _ months
Guidelines and Criteria
September 2005
Tr'ansportation Partnership Opportunity Fund
3 If Company does not meet 90 percent of its capital investment and new
jobs commitment set forth in paragraph 2 above, Company shall repay to COUNTY that
part of the Governor's Opportunity Fund grant that is proportional to the shortfall, as
provided by the following example:
The grant of $100,00000 is considered to be $50,000 00 for the capital
investment commitment by Company and $50,000.00 for the employmeIlt commitment
If, after 30 months the capital investment of Company is at least $9,000,000 00 and the
number of new jobs created by Company is at least 360, no refund is required If, after
30 months the capital investment is only $5,000,000 00, and the new jobs created is 264,
the Company shall refund to the COUNTY SO percent of the fund related to capital
investment; i.e., the sum of $25,000.00 and 33 percent of the fund related to job creation-
-i..e., the sum of$16,500.00
Any refunds by Company to COUNTY hereunder shall be repaid by
COUNTY to the Governor's Opportunity Fund
4 If Company has met 90 percent of the investment and employment goals
set forth in paragraph 3 hereof within the 3D-month period, then and thereafter Company
is no longer obligated to repay any portion of the grant provided to it hereunder
5 Ihe Company agrees to provide the COUNTY and the Commonwealth
whatever documentation may be required to verify the investment and employment
figures
Witness the following signatures and seals the day and year frrst above written
THE COUNTY OF _, VIRGINIA
By
(Seal)
County Administrator
Commonwealth of Virginia, at large
The day , County Administrator of the County of
, Virginia, appeared before me, a notary public for the State of
Virginia, at large, and did acknowledge his signature above fixed all in my state
aforesaid
My commission expires
GiveII under my hand this
day of
,200
(Seal)
Notary Public
Guidelines and Critel ia
September 2005
Transportation Partnenhip Opportunity Fund
Company
By
(Seal)
Iitle
This day , of , appeared
before me, a notary public for the State ofViIginia, at large, and did acknowledge
his signature above fIxed all in my state aforesaid
My commission expires
Given under my hand this
day of
,200_
(Seal)
Notary Public
Guideliney and Clitelia
September 2005
Transportation Partnenhlp Opportunity Fund
ApDendix D
Governor's OPDortunity Fund Guidelines
Purpose - The Governor's Opportunity Fund provides either grants or loans to localities to
assist in the creation of new jobs and investment in accordance with criteria established by
legislation
Project Eligibility - A minimum private investment of $10 million, creating at least
100 jobs, is required In localities with a population of 50,000 to 100,000, however, a
minimum private investment of $5 million, creating at least 50 jobs, is required.. For
localities of less than 50,000 population, a minimum private investment of $2 5 million
creating 25 jobs is required. Central cities or wban cores will be treated for eligibility
purposes the same as communities of 50,000 to 100,000 population. The intent of this lower
threshold is to reduce the stringency of the requirements for cities with blighted cores. Each
locality's identification of its central city/wban core will be reviewed on a case-by-case
basis. Criteria such as vacancy and unemployment rates in the immediate area of the
proposed site will be considered in the review. In those cases where the project involves job
preservation, "jobs saved" will be used to help detennine the amount of the grant; however,
the project still must meet the minimum job creation listed above For projects where the
average wage of the new jobs is at least twice the prevailing wage, excluding benefits, for
that locality or region, the required job creation figures above for that locality may be
halved, at the Governor's discretion
Use - Monies may be used for such things as public and private utility extension or
capacity development on and off site; road, rail, or other transpoItation access costs beyond
the funding capability of existing programs; site acquisition; grading, drainage, paving, and
any other activity required to prepare a site for construction; construction or build-out of
publicIy-owned buildings; grants or loans to an Industrial Development Authority, Housing
and Redevelopment Authority, or other political subdivision pursuant to its duties or
powers; training; or anything else permitted by law If funds are made available for site
development and a party other than the industry creating the employment also benefits from
the grant, the locality must demonstrate how that financial benefit will be passed along to
the industry
Grant Requests - Applications should be sent to the Executive Director of the Virginia
Economic Development Partnership, using the following format, by the chief appointed
official of any county, city, town, or any other political subdivision and include the
following infonnation:
Description of the project
company name
type of operation (ie, manufacturing, distribution, etc )
Location of project
community
Guidelines and e,itel ia
Septembel2005
Transportation Partnenhip Opportunity Fund
population
unemployment rate (current)
Private investtnent, including but not limited to the market value of capital
leases (within 30 months of 8 locality receiving a grant payment), 01 other
private investments of capital that add to the local tax revenues [Opportunity
Fund award, other governmental grants, and working capital cannot be included
in the investtnent figure ]
Jobs created (within 30 months of a locality receiving a grant payment)
Amount requested
Use of grant
Local financial participation. specific new monies to be allocated to project and
how those funds will be used
Average salaIy level OJ total yearly payroll of jobs created
Average prevailing wage for locality 01 region, as applicable
Employment impact on current operations in Virginia
Other public funds that have been 01 will be expended for the project
(Examples would be training or past public expenditures for road, utility, or site
development)
Affirmation that other sources of funds are unavailable on a timely basis to
accomplish the planned use of the Opportunity Fund grant
Summary statement presenting the importance of the project to the community
and why support from the Opportunity Fund is being sought
If the project for which Opportunity Funds are being requested involves a
relocation of a business from one Virginia locality to another, the community
applying for the Opportunity Fund grant must officially notify the community
from which the business is moving. For such projects, a statement must be
included in the Governor's Opportunity Fund application that this notification
has taken place..
. Any other CUlrent or background information pertinent to the project, that might
assist the GovemOI in making an informed decision based on complete
knowledge Communities are obliged to disclose any infOlmation that could
reflect negatively on the project
Guidelines and e,ite! ia
Septembel2005
Transportation Partnership Opportunity Fund
Documentation Required by Company (on Company letterhead)
Documentation from the business that without suppOlt from the Opportunity
Fund there is a possIbility that the project could be located outside of Virginia
and that only one site in Virginia is under consideration for the PI'Qject
Documentation from the business indicating the number of jobs to be created,
payroll/salary level, and the amount to be invested within 30 months of receipt
of the grant
The General Assembly has stated its intention that state funds not be used to
help a company relocate or expand its operations in one or more Virginia
communities when the same company is simultaneously closing facilities in
other Virginia communities. Therefore, affirmation that the company is not
eutrently considering being a party to a merger or acquisition which would
alter the nature of its corporate entity, as well as affirmation that the
proposed project will not result in a closing, loss of jobs, consolidation, or
change to any existing operations in Virginia for the next 12 months is
required If a company applying for a Governor's Opportunity Fund grant
has existing operations/facilities in Virginia and has closed, downsized,
consolidated, or laid off employees within the past 30 months, the
community's application may not be approved, or the company may be
requested to provide additional assurances regarding the new facilities and
jobs
The Executive Director of the Virginia Economic Development PartIIership
may request company financial infonnation for the past three years.
Additionally, financial information and evidence of a company's financial
stability may be requested before a grant or loan is approved
Guiding PTinciples
Grants are made at the discretion of the Governor with the expectation that grants
awarded to a locality will result in a favorable decision for Virginia. Grants will only be
awarded for basic projects, i e.., projects that would bling additional income into the
Commonwealth Grants will not be made for projects which have been publicly announced
prior to the Governor's approval and public announcement of a locality's Governor's
Opportunity Fund request.
Localities may now receive more than one GOF grant during a fiscal year Grants
are considered made in the fiscal year in which the Governor approved them and not in the
year in which the grant is paid In order for a locality to receive more than two (2) GOF
grants during a fiscal yesr, it must demonstIate either unemployment rates, poverty levels, or
other acceptable indicia of fiscal stress or need significantly higher than the state averages.
Guideline!. and Ct itel ia
Septembel 2005
Tr.ansportation Partnenhip Opportunity Fund
A locality may, however, demonstrate exceptional need for or benefit from a third GOF
grant using other acceptable factors besides traditional fiscal stress
As a minimum, localities are required to match with local funds on at least a dollar-
for'<lollar basis the amount requested from the Govemor's Opportunity Fund Previously
invested local funds, grants or loans from other government sources, and contributions from
private interests which benefit from the project's location may not be counted as local match.
Local matches may not be spread out over more than five years to be considered Local
enterprise zone incentives may be counted towards the local match where the locality makes
actual expenditures within the first five years after the project is announced to benefit the
specific project Grants to the locality from the Tobacco Region Opportunity Fund may be
used as up to one-half of the matching funds by localities experiencing fiscal stress, as
determined by the Governor in his discretion For localities experiencing extraordinary
fiscal stress, as demonstrated by unemployment rates at least twice the statewide average for
six or more consecutive months, the requirement of matching funds can be reduced by up to
50%, OI delayed, in the discretion of the Governor
In determining grant amounts, the following will be considered: employment,
investment, area unemployment, community :fiscal stress, community commitment, and
industry or company growth potential. In no case shall the grant exceed ten percent of the
Governors Opportunity Fund appropriation, except that for projects with an unusually high
benefit for the Commonwealth and/or the locality, the Governor may waive this limit on a
transactional basis, by increasing it to a maximum of $3 million per grant Grants may only
be made from CUlrent appropriations and may not be committed from anticipated future
appropriations
Upon approval of a Governor's Opportunity Fund grant or loan, neither the locality
nO! the company shall armounce or confirm the proposed project without coordination with
the Virginia Economic Development Partnership It is important to note that both the
employment and investment figures used in the application commit the company to reaching
these figures within 30 months of receiving a grant In addition, these figures will be used in
the press release when the public announcement is made If the committed numbers are not
used for the public announcement of the project, the grant award is subject to being reduced
O! withdrawn
Since the graIlt is made to the community, the community is required to enter into a
performance agreement with the company before receipt of the grant to ensure that the job
and investment levels as stated in their application and as agreed to by the company are met
The community will be held responsible for returning the grant monies to the
Commonwealth if the performance agreement criteria are not met
Any questions regarding the preparation of an application should be directed to:
John B. Stemlicht, General Counsel and Director of Legislation and Planning, Virginia
Economic Development Partnership, PO. Box 798, Richmond, Virginia 23218-0798.
Guidelines and Oiteria
Septembel 2005
Page 1 of 1
John Davies
From: Peter H. Dunning [peter@Bluemontorg]
Sent: Monday, October 31, 2005 1 :15 PM
To: barbara erlandson; Milton Herd; DeBarAsso@aoLcom: John Davies: megan orient
Cc: Cynthia Meadows
Subject: details on Wed Nov 2 Strategic Plan Meeting
Barb. Milt, Mary Ann, Butch, Megan and Peter,
I am forwarding to you all at Milt's recommendation the attached "Paradigm on the Evolution of NonProfit
Organization Governance" It is from a 1988 booklet on NonProfit Board Responsibilities put out by the National
Center for NonProfit Boards. Much of it seems as if it were written with Bluemont in mind.
Reminder: Wednesday November 2 meeting
10am at the Bluemont office in Leesburg-
purpose: review affinal draft of Strategic Plan
attending: Barb. Mary Ann and Peter will be in Leesburg;
Butch, Milt and Megan joining by telephone conference
To join the teleconference,
1) call toll free 1.866 867. 8306 (you may call from any phone)
you will be asked for a passcode number:
2) enter 1009931 plus the # sign;
3) you have now joined the conference; please announce your arrival Note: you should identify yourself when
speaking so we know who is who during the conference.
Any questions or if you have difficulties, call the Bluemont Office at 703,777.6306.
We look forward to talking with you all Wednesday.
Peter
Peter H. Dunning, President
Bluemont, the Cultural Spirit of our Communities
P.O Box 208, Leesburg, VA 20178
phone: 703.777.6306; fax: 703.777.0574
website: www.bluemont.org
email: oeter@bluemont.org
10/31/2005
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Albemarle County Planning Commission
October 11, 2005
The Albemarle County Planning Commission held a meeting, work session and a public hearing on
Tuesday, October 11, 2005 at 6:00 p,m., at the County Office Building, Room 241, Second Floor, 401
Mcintire Road, Charlottesville, Virginia. Members attending were Bill Edgerton, Chairman; Rodney
Thomas, Calvin Morris, Jo Higgins, Pete Craddock and Marcia Joseph, Vice-Chair. Absent was William
Rieley and David J, Neuman, FAIA, Architect for University of Virginia.
Other officials present were Wayne Cilimberg, Planning Director; David Benish, Chief of Planning;
Margaret Maliszewski, Design Planner; Juan Wade, Transportation Planner; Ron White, Housing Director
and Greg Kamptner, Deputy County Attorney,
Call to Order and Establish Quorum:
Mr. Edgerton called the regular meeting to order at 6:00 p.m, and established a quorum.
Public Hearing Items:
Six Year Secondary Road Plan - Work session to review and comment on the proposed Priority List for
Secondary Road Improvements in the County. (Juandiego Wade)
Mr. Benish stated that they review the VDOT's Six Year Secondary Road Plan every year. The County
creates a priority list of road improvements, which they provide to VDOT. VDOT's six year construction
plan is based on those priorities established by the County. Last year after the Commission reviewed the
Six Year Secondary Plan the Board of Supervisors reviewed the format for that plan. The Board and staff
agreed that the prior form for that priority list was too large. The Board felt it would be a better tool to
have a focused strategic list of priorities. Therefore, the form of the priority list has been reformatted
somewhat. Attachment A. contains projects 1 - 21, that essentially is the strategic priorities now, That is
essentially the County's priority list. These are the projects that they focus in on implementing they hope
over the next short to mid-term 10 to 15 years.
Mr. Edgerton asked what the difference was between the bold projects.
Mr. Benish stated that the bold projects were located in the development area. There is a lot of
information on this sheet. What follows behind it is a technical document that is made up of all of the rest
of the projects that had been on the priority list. But the real focus for the Board, staff and the Planning
Commission is really to work towards those higher priority projects on the first page. Our goal this
particular year is really trying to move the priority projects forward and get those projects constructed as
soon as possible, Staff wanted to note one change in the priority list that is being recommended this
year. That is the northern Free State Road project, which is now priority 9. Last year it had been
prioritized as 5, There is a brief explanation of that in the staff report. One of the rationales for pulling
that project back was that it allowed VDOT to release money to other higher priority projects to get it
moved forward and get those projects constructed sooner, The northern Free State Road project is still
considered an important high priority project. If you recall that is the renamed phase II of Meadow Creek
Parkway. It is under review with our Places 29 Study. Coming out of the Place 29 work will be
information and recommendations on what priority road projects to building. Staff feels that slight
adjustment moving it down a little bit does not take it off the strategic list and it was still an important
project. But, it frees up money in the short term to work towards completion of other projects ahead of it.
Then staff will reassess when they have the recommendations from the Places 29 study. That is the one
principal change on the priority list that the Commission has not seen before, He called attention to
priority #11 on the list, which was Sunset Avenue, which was a concept for improvements to the Sunset
Avenue Road Corridor south of town. It is a very important project that relates to other improvements that
are being proposed as part of the Area B Study, which the Commission just began to look at, This is a
very important completion of an existing road network that would tie into that ultimate network for
Fontaine Avenue to Fifth Street. That is not new, but has been in their plan,
ALBEMARLE COUNTY PLANNING COMMISSION - OCTOBER 11, 2005
DRAFT MINUTES - PARTIAL SET
SIX YEAR SECONDARY ROAD PLAN
1
Ms. Higgins asked what RS is.
Mr. Benish stated that RS stands for revenue sharing, He pointed out that it was a dollar per dollar
match, He pointed out that the Strategic Plan was page 1. The inventory of potential projects was next.
Next would be the Rural Rustic Road Paving Priorities and then the regular paving projects. There is a
separate listing of the unpaved road projects. He pointed out that the projects were listed in priority order,
but staff can add a number to them. The last page is referred to as the technical addendum for the
strategic priorities, which relates to the first page, It is some of the data and information that helps staff
rate those projects. This is the information that staff uses to help establish those priorities that includes
the type of project, the traffic county, and what plan has been identified, Staff only does it for the
strategic list that is page 1, He pointed out that staff actually has a map from last year that they have not
updated yet. At the next meeting staff will provide a map and focus in on the strategic priorities of that
first page. One project that he wanted to point out on the unpaved road list or regular list was a change
that was being proposed this year to prioritize Rio Mill Road & Dickerson Road. One of the purposes of
that is to created a parallel road that can act as an alternative to using 29, It does look like they will be
able to move to according to VDOT move to the development of the Rio Mill Roadway in December,
2007, Dickerson Road is a little more complicated and there are some difficult vertical curvatures. There
are also on Dickerson Road two bridges, One is Steel Span Bridge over the North Fork of the Rivanna
Bridge and a one land bridge over a tributary, Both are in a very large flood plain. The paving portion of
the road is doable. But, those bridge projects could be fairly expensive projects. VDOT is going to be
studying the ability and the options to do those projects over the next year or two. That is another
advantage of flip-flopping these projects so they can get a better handle on that. He pointed out that the
cost estimates were for construction costs and not right-of-way,
Mr. Edgerton asked if condemnation was being used, and Mr, Benish replied no, that it was not.
Mr. Benish noted that was the overview of what the Commissioners had. Staff plans to set this on the
October 25 Planning Commission meeting. With this overview, if the Commission has any questions staff
would be happy to answer them. Normally, the Planning Commission makes comments that are
forwarded to the Board via the Commission's minutes, He asked if there are any projects missing that
they feel are important to consider that they should please notify staff.
Ms. Higgins questioned the traffic count on Jarman's Gap Road of 2,500 cars per day.
Mr. Benish stated that staff would get with VDOT on that issue. He pointed out that some of the projects
do not have traffic counts. Staff will try to focus in on the technical addendum on the last page.
In summary, the Planning Commission held a work session on priority lists for road improvements. Staff
presented an overview of the Six Year Secondary Road Plan for 2005-2011, which is VDOT's Plan for the
allocation of road construction funds for a six year period. The Commission's discussion focused on
identifying what additional information and/or clarification is needed prior to the final work session. The
Commission asked staff to provide a map that includes the area around the road improvements being
considered and to put the priority list in numeric order, The next work session is scheduled on October 25
at which time the Commission's comments will be taken. Staff asked that any comments or suggestions
be forwarded to staff before the next work session. Staff will make the necessary adjustments to the
County's Priority List and then pass their recommendation on to the Board of Supervisors,
(Recorded and transcribed by Sharon Claytor Taylor, Recording Secretary,)
ALBEMARLE COUNTY PLANNING COMMISSION - OCTOBER 11, 2005
DRAFT MINUTES - PARTIAL SET
SIX YEAR SECONDARY ROAD PLAN
2
PLEASE SIGN BELOW IF YOU WISH TO SPEAK ON THE
FY 2006/07-FY 2011/12 SIX YEAR SECONDARY ROAD PROGRAM
The following guidelines will be used for this public hearing:
EACH SPEAKER IS ALLOTTED 3 MINUTES.
INDIVIDUALS CANNOT RELINQUISH THEIR 3 MINUTES TO ANOTHER
SPEAKER.
INDIVIDUALS CAN ONLYSIGN UP ONE PERSON TO SPEAK.
PLEASE GIVE ANY WRITTEN STATEMENTS TO THE CLERK.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
qt7-Ci{)/lc, Uhtc., fh,tfU (~i'J I
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_011 2005 22:B~
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--
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DIGS. we:
PROPOSAL
P.O, BOX 31
C!'larlottesvll,e, VA 22902
Phone 434.978-<ll,3!
Fa~. 434-97~-3703
Page: ~ o~ 2
Date 10-11-05
Paula Brown Steedly
Work To Be Pltrfonned At:
Doctors Crossing Road
_J~rqpoyl ~ubmlttlld TO;
~~!egorlH
Quent,1t\'
Unit
Mobilitatlon
TnlfIlc Control
Clear. Grub and DiSQoaa(
Cut Slopli'
Il"t!Itl!lllation of 6 - ~4" l( 30' Culvert Pipe
lnstllll.tlon of 6 - 15" x 24' Culvert Pi~e
Inlet & Outl.t Protection
Temp0r9fY Stone
P..-manent Stone
P.wement - Prime & Double Seal
Erosion Control
Silt Traps - 12
eC-2
eC-3
Seed & Strew
Overhead
-
Cost
Quote
LS
LS
LS
l-S
LS
LS
l.S
sa 500,00
$12.500.00
$9000.00
se 10000
57.000.00
$.4.500.00
$7,200,00
$.5,000.00
$S-4.000,OO
$21,000.00
$10.600,00
$18.000.00
$4.500.00
$ti.400.00
$3.000,00
$5,2t1i,OO
$6.50000
S12.S00,QO
59.000.00
$8.100,00
$7,00Q.00
$4.500.00
$7.200.00
$5.000.00
$54.000.00
$21,00000
$10600,00
$18,000,00
$4.500,00
$5.400,00
$3,00000
$5.289.00
LS
LS
LS
LS
LS
LS
L$
LS
LS
TOTAL
5181,589.00
/I>IImfltMal is OU-." O~ ". .~.clfltd. rcl "11DO\Ill WOrk to b" IW1!fo:lm19dl, '~WlI?<.~. ..........11. 11M .l*(lItIc:eIlM. ..bmI11~ ror .b"".
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I am Paula Brown-Steedly . A lifetime resident of Albemarle County,
Rt 784, Doctor's Crossing has been on the list for improvements for LONG
BEFORE I moved to the road 24 years ago.
Since the petition that I handed in 89 - Doctor's Crossing has moved little
on the list - but the homes have almost tripled!
The dust alone is a terrible health hazard without addressing the
SAFETY!
the road is 2 miles long
4/10 was paved to stop erosion in 89- that leaves 1.6 miles
The PRIORITY list prices the upgrades for 2 miles.
2000 the cost estimated at 1,240,000
In Jan of 2005 -1,350,000. Today$1,550,000.
I have a bid from a LOCAL FIRM - VDOT WORKS WITH
DO A BID -to repair and pave the MOST DANGEROUS .4 of a mile and 2
additional drain pipes past this area - for $181,600. The location is for
where school buses are towed up a hill from the bridge west.
The drain pipes in question are currently being replaced by VDOT-
reducing the figure to 170,000. THIS FIGURE WORKABLE......
1.lf the entire road can not be repaired at one time, FIX IN portions-
if the most dangerous portions price is $181,600 - then each additional
section will be less!
2. Eliminate the bridge as part of the upgrade - the bridge was eliminated
from upgrade on Rt 795 with John Sullivan - the precedence is there.
3. THE COUNTY OF ALBEMARLE AND THE STATE OF VIRGINIA Could
never & CAN NEVER GET 50' OF RIGHT OF WA Y.- without condemning
homes and exhuming grave yards. pre 1900 --
Iv! Jf:..:.___{S
kn}
It is time to work with what is there -
be responsible
Safety and health is being ignored with the number of cars the dust has
become and increasing health risk.
STOP THE EXCUSES
4. Two petitions 1989 and 2004
The residents of Doctor's Crossing have waited too many years
Excuses are no longer acceptable.
5. safety and health should be the top priority.
6. Responsible and timely improvements essential in existing communities
- not being "bumped for the next new area of growth.
August 5, 2005
To: Clerk of the Board of Supervisors
401 McIntire Road
Charlottesville, V A 22902
Re: Statement Regarding Petition for Doctors Xing
;'.:{ /il. (5"
~I
.;S-fY/
Attached is a Statement Regarding a Petition for Doctors Xing that I filed at
the meeting of the Board of Supervisors on February 11, 2004. It has been
brought to my attention that the Clerk could not locate the original Petition.
It is my intention to rectify this situation so that the Board is aware that
many of the residents on Doctors Xing wish to have the road paved or to
qualify for the Rural Rustic Road program.
;tfriJ )7 W
David Cox
0//1 s'
f
Dated
STATEMENT REGARDING PETITION FOR DOCTORS XING
1. My name is David Cox.
2. On February 11, 2004 at the meeting of Board of Supervisors to discuss
improving roads, I submitted a Petition for Doctors Xing to be paved or to qualify
for the Rural Rustic Road program.
3. To the best of my recollection, there were approximately 75 signatures on this
Petition.
~;j /l] f;y
David Cox
./
cr /J tJ/~
I D~ted
DECEMBER 14, 2005
CLOSED SESSION MOTION
I MOVE THAT THE BOARD GO INTO CLOSED SESSION
PURSUANT TO SECTION 2.2-3711(A) OF THE CODE OF
VIRGINIA
. UNDER SUBSECTION (7) TO DISCUSS WITH lEGAL
COUNSEL AND STAFF SPECIFIC lEGAL ISSUES
REGARDING AN INTERJURISDICTIONAl AGREEMENT
FOR JOINT COURT FACiliTIES AND THE NEGOTIATION
OF A RELATED CONTRACT.
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