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HomeMy WebLinkAbout2005-11-09 . BOARD OF SUPERVISORS FINAL NOVEMBER 9, 2005 COUNTY OFFICE BUILDING 3:30 P.M., MEETING ROOM 235 1. Call to Order. 2. Work Sessions: a. Transportation Strategies. b. Fire Rescue. 3. Recess. 6:00 P.M., MEETING ROOM 241 4. Reconvene and Call to Order. 5. Pledge of Allegiance. 6. Moment of Silence. 7. From the Public: Matters Not Listed on the Agenda. 8. Recognition: a. House Joint Resolution recognizing Walter Perkins, presented by Delegate Landes. b. Tre Harris, Charlottesville Triathlon Club. 9. Consent Agenda (on next page). 10. Annual Reassessment Ordinance. Public hearing on an ordinance to amend Chapter 15, Taxation, of the Albemarle County Code, by amending Section 15-1000, Biennial Assessment of Real Estate, and Section 15-1002, Time Limits for Appeals of Real Estate Assessments. The proposed amendment would provide for the annual assessment and equalization of real estate for local taxation and establish March 15th of each year as the deadline to file an administrative appeal of that year's annual real estate assessment. The proposed effective date of this ordinance is January 1, 2007. 11. SP-2004-024. Northtown Center (Sign #8). Public hearing on a request in accord w/Sec 24.2.2(13) of the Zoning Ord for drive-in window for bank. TM 45, Ps 110,110A,111 ,111A&111B. The subject parcel contains approx 15.9 acs. Znd HC,EC&AIA. Loc on E side of Seminole Trail (US Rt 29 N) immediately opposite Lowes & Kegler's. (Also subject of SDP-2004-45. Northtown Center Preliminary Site Plan.) Rio Dist. 12. From the Board: Matters Not Listed on the Agenda. 13. Adjourn. CONSENT AGENDA FOR APPROVAL: 9.1 Approval of Minutes: December 8, 2004; May 4, June 1, July 6, August 9, August 10A and August 10N, 2005. 9.2 Authorize County Executive to sign Key West Lake Dam Easements. 9.3 Endorsement for Seminole Trail Fire Department to operate as an Advanced Life Support EMS Agency in Albemarle County. 9.4 Policy on Submission of Materials for Zoning Applications (deferred from November 2,2005). ACTIONS Board of Supervisors of November 9, 2005 3:30 P.M., Room 235 November 11, 2005 AGENDA ITEM/ACTION ASSIGNMENT 1 . Call to Order. . Meeting was called to order at 3:32 p.m. by the Vice-Chairman, Mr. Boyd (note: Mr. Rooker arrived at 3:34 p.m.). All BOS members were present. Also present were Bob Tucker, Larry Davis, Tom Foley, Dan Eggleston and Debi Moyers. 2a. Work Session: Transportation Strategies. Clerk: Schedule on December 7m agenda. . HELD. . CONSENSUS of the Board for staff to bring back additional information on the requested Transportation Engineer position. 2b. Work Session: Fire/Rescue. . HELD. . CONSENSUS of the Board to approve the Guiding Principles, Expectations and Goals as presented by staff and for staff and Mr. Wyant to meet with Fire Rescue Advisory Board to review. 3. Recess. . The Board recessed and went into closed session at 5:32 p.m. to discuss with legal counsel and staff specific legal issues regarding an existing interjurisdictional agreement and the neqotiation of a contract. ACTIONS Board of Supervisors of November 9, 2005 6:00 P.M., Meeting Room 241 AGENDA ITEM/ACTION ASSIGNMENT 4. Reconvene and Call to Order. . Meeting was called to order at 6:00 p.m. by the Chairman, Mr. Rooker. All BOS members were present. Also present were Bob Tucker, Larry Davis, V. Wayne Cilimberg and Debi Moyers. Non-Agenda. Certify Closed Session. At 6:00 p.m. the Board reconvened into open session and certified the closed session. 7. From the Public: Matters Not Listed on the Agenda. . Neil Williamson, with the Free Enterprise Forum, spoke about Consent Agenda Item 9.4., Policy on Submission of Materials for Zoning Applications. Stated the policy is in need of additional review. Encouraged the Board to engage the community in a discussion on how the system can be built so that it better serves the citizens. . Tom Loach, a resident of Crozet, discussed what appeared to be a major discrepancy in the Old Trail rezoning and the approved Crozet Master Plan . Barbara Nordin, who writes the Fearless Consumer column for The Hook, asked why the County Police continues to dispatch towing calls to Lethal Wrecker. Because of their business practices, the City and University no longer use their services. . Valerie Long commented on the proposal that is on the Consent Agenda regarding the timely submission of materials for rezonings and other actions. Echoed comments from Neil Williamson and suggested that the Board consider forming a small ad hoc committee with representatives from the Planning staff, Zoning staff, applicants, landowners, and community citizens to try and talk about the problem in a more comprehensive fashion. Would be happy to participate and try to come up with a way to address everyone's concerns and need for timely information. Said proposal is a Band- Aid for a solution that may not help fix the problem. . John Martin, who lives in Free Union, spoke about a recent court ruling in which the courts upheld a decision that makes it unlawful for an individual to campaign on commercial property without the property owner's agreement. Urged the Board to look into this matter. 8a. Recognition: House Joint Resolution recognizing Walter Perkins, presented by Delegate Landes. . Delegate Landes read and presented House Joint Resolution No. 726 to Joanne Perkins in memory of Walter Perkins. 8b. Recognition: Tre Harris, Charlottesville Triathlon Club. . Thanked the Board of Supervisors and Albemarle County for allowing Charlottesville Triathlon Club to stage their races at Walnut Creek Park over the summer. The use of the park allowed them to donate $15,000. to four beneficiaries: the Childhood Obesity Task Force, the Free Clinic, the Virginia Institute of Autism, and the Boy's and Girl's Club of Charlottesville/AI bemarle. 9.2 Key West Lake Dam Easements. County Attornev: Provide Clerk with copy of . AUTHORIZED County Executive to sign the signed documents. five (5) Permanent Access and Maintenance Easements. 9.3 Endorsement to Operate as an Advanced Life Dan Eqqleston: Notify Seminole Trail Fire Support (ALS) EMS Agency. Department. . ENDORSED the upgrade of Seminole Trail Fire Department's EMS License from BLS to ALS Transport. 9.4 Policy on Submission of Materials for Zoning Clerk: Schedule on December 7m Consent Applications (deferred from November 2,2005). Agenda. . DEFERRED. . Mr. Tucker stated staff will review policy with 2 Free Enterprise Forum, Valerie Long and/or other appropriate entities. 10. Annual Real Estate Reassessment Ordinance. Clerk: Forward adopted ordinance to County . ADOPTED attached ordinance, by a vote of Attorney's office for inclusion in next update of 6:0, to establish an annual reassessment of real County Code and copy Finance and County property effective January 1 , 2007. Assessor's office. (Attachment 1) 11 . SP-2004-024. Northtown Center (Sign #8). Clerk: Set out conditions of approval. . APPROVED SP-2004-024, by a vote of 6:0, (Attachment 2) subject to the one condition recommended by the Planning Commission. 12. From the Board: Matters Not Listed on the Agenda. David Wyant: . Wanted to know how the County will deal with small businesses in the Rural Plan. He has discussed the issue with the Zoning Administrator, but it is something that the County will need to deal with Sally Thomas: . Discussed Mr. Martin's concerns about regulating free speech in commercial areas. Dennis Rooker: . Discussed the Lethal Wrecker issue. . He asked for a report back from staff on the density of Old Trail. 13. Adjourn. . The meeting was adjourned at 7:22 p.m. /djm Attachment 1 - Annual Real Estate Reassessment Ordinance Attachment 2 - Conditions of Approval for Planning Item 3 ATTACHMENT 1 ORDINANCE NO. 05-15(3) AN ORDINANCE TO AMEND CHAPTER 15, TAXATION, ARTICLE X, REAL ESTATE - IN GENERAL, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 15, Taxation, Article X, Real Estate - In General, is hereby amended and reordained as follows: By Amending: Sec. 15-1000 Sec. 15-1002 Biennial assessment of real estate. Time limits for appeals of real estate assessments. CHAPTER 15. TAXATION ARTICLE X. REAL ESTATE -IN GENERAL Sec. 15-1000 Biennial Annual assessment of real estate. A. All real estate in the county shall be assessed annually for purposes of taxation by the director of finance of the county as of January 1 of each year. B. The office of real estate assessments of the county shall annually conduct a new reassessment of all real property to be applicable for the tax year beginning January 1, 2007, and every tax year thereafter. C. All assessments of real estate in the county shall be made at one hundred percent (100%) of fair market value. (s 8-1.1,11-3-'76; Ord. of 2-5-92; Code 1988, S 8-64; Ord. 98-A(1), 8-5-98) State law reference--Authority to impose tax generally, Constitution of Virginia, Article X, Section 4; Va. Code ~~ 58.1- 3200 et seq.; Biennial reassessment methods, Va. Code ~ 58.1-3253; amount of assessment, Constitution of Virginia, Article X, Section 2, Va. Code ~ 58.1-3201. Sec. 15-1002 Time limits for appeals of real estate assessments. A. Pursuant to the provisions of Virginia Code S 58.1-3330, all applications for appeals from any annual assessment of real estate must be made by the property owner or lessee to the county assessor by tile last business day of February of the year in which the assessment takes effect. A property owner or lessee may also appeal any annual assessment by making an application directly to the board of equalization by March 15 of the year in which the assessment takes effect, or if an appeal has been made to the county assessor within thirty (30) days from the date of the decision of the county assessor, denying an appeal for such assessment, whichever date is later. B. Applications for appeals from any supplemental assessment or pro rata assessment for new construction assessed between January 1 and October 31 must be made by the property owner or lessee to the county assessor within fifteen (15) days of the date of the notice of the supplemental or pro rata assessment. A property owner or lessee may also appeal any supplemental or pro rata assessment by making an application directly to the board of equalization within thirty (30) days of the date of the notice of the supplemental or pro rata assessment, or if an appeal has been made to the county assessor within thirty (30) days from the date of the decision of the county assessor denying an appeal for such supplemental or pro rata assessment, whichever date is later. C. The board of equalization shall finally dispose of all annual assessment appeals by September 1 of the year in which the assessment takes effect and of all supplemental or pro rata assessment appeals for new construction by December 31 of the year in which the supplemental or pro rata assessment takes effect. (s 8-1.7, 7-12-89; Ord. of 2-5-92; S 8-66, 3-4-98; Ord. 98-A(1), 8-5-98) State law reference-oVa. Code ~~ 58.1-3330, 58.1-3378. 4 This ordinance shall be effective on and after January 1,2007. 5 ATTACHMENT 2 SP-2004-024. Northtown Center (SiQn #8). Public hearing on a request in accord w/Sec 24.2.2( 13) of the Zoning Ord for drive-in window for bank. TM 45, Ps 110,11 OA, 111,111 A& 111 B. The subject parcel contains approx 15.9 acs. Znd HC,EC&AIA. Loc on E side of Seminole Trail (US Rt 29 N) immediately opposite Lowes & Kegler's. (Also subject of SDP-2004-45. Northtown Center Preliminary Site Plan.) Rio Dist. 1. A by-pass lane, sixteen (16) feet minimum width shall be provided. Striping and lane widths must be shown on the final plan. 6 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Transportation Strategy Worksession AGENDA DATE: November 9, 2005 SU BJ ECT /PROPOSALlREQU EST: Board direction regarding strategy for local transportation needs INFORMATION: ACTION: X CONSENT AGENDA: ACTION: INFORMATION: -~ STAFF CONTACT(S): Tucker, Davis, Foley, Graham, Cilimberg, Bowman ATTACHMENTS: Yes LEGAL REVIEW: N/A REVIEWED BY: ! 1/1 \ exJlW .' / BACKGROUND: On September 7, 2005, staff held a Transportation Strategy Worksession with the Board to receive direction on how additional funding in the Capital Improvements Program (CIP) should be focused to address local transportation projects. Staff brought this issue forward due to the Board's recent commitment to funding transportation in the CIP, the reality of current unmet local needs in the adopted Six Year Secondary Road Plan and the increasing prospect of needed critical links to provide interconnectivity and optimally implement the County's Master Plans. Additional background information from this worksession is available in Attachment A, Executive Summary for the Transportation Strategy Worksession, September 7,2005. Since the time of the September worksession, the Board again prioritized their desire to address transportation issues in the County, adding goals and objectives to the to-be-adopted FY2007-FY2011 Strategic Plan. The exact language of these goals and priorities is presently being refined and is planned to be before the Board in December of 2005. As a result of the September 7,2005 worksession, the Board confirmed their willingness to utilize transportation funding in the CIP for funding local projects. As a next step in proceeding with the use of these funds, the Board directed staff to engage in discussions with the Virginia Department of Transportation (VDOT) on ways to accelerate Six-Year Secondary Road Plan priority projects and to identifya separate list of local priorities not approved for funding by VDOT, but that are important to implementing master plans. STRATEGIC PLAN: 3.4 Develop and Implement policies, including financial, that address the County's growing transportation needs. DISCUSSION: The purpose of Wednesday's work session is to 1) inform the Board of preliminary discussions with VDOT on ways to accelerate Six-Year Secondary Road Plan priority projects; 2) review the list of other local projects not approved for funding by VDOT, but important to implementing master plans; and 3) discuss ways to move forward in addressing these priority local road projects. ATTACHMENTS Attachment A - Executive Summary for the Transportation Strategy Worksession, September 7,2005 05.151 exec summary Page 1 of 1 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Transportation Strategy Worksession AGENDA DATE: September 7, 2005 SUBJECT/PROPOSAL/REQUEST: Board direction regarding strategy for local transportation needs ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): Tucker, Foley, Davis, Graham, Cilimberg, Bowman ATTACHMENTS: No LEGAL REVIEW: YES REVIEWED BY: BACKGROUND: As a result of a work session held in the fall of 2004 on "Urbanization", the Board of Supervisors' directed staff to pursue an "Urbanizing County" level of service for the County's transportation and streetscape needs. At the time, the "Urbanizing County" level of service for transportation was defined as the County providing "essential link" transportation projects, supplementing the Virginia Department of Transportation (V DOT) sidewalk maintenance program and continuing to rely on VDOT and property owners associations for road/street maintenance. Also in the fall of 2004, the Board added a transportation related goal to the Strategic Plan that stated, "Develop and Implement policies, including financial, that address the County's growing transportation needs." Finally, in April of 2005, the Board adopted the FY06 budget that included an additional $1.5 million for transportation funding in the CIP. This included an additional $1.0 million for the CIP's Transportation Improvement Program and an additional $500,000 in revenue sharing funds in the CIP to participate in VDOT's revenue sharing program. Over the past year, considerable work has also been done through the MPO's Transportation Funding Options Working Group to develop solutions for important, regional projects. In addition, staff has spent time considering the Board's direction over the past year in developing new strategies on how to move forward in addressing "local" transportation needs. In the past, the County's transportation strategy has focused on maximizing the leveraging of state revenue sharing funds, utilizing local funds for studies and design, and relying, to some degree, on proffers as a component of funding for transportation improvements. The County has also sought regional solutions for important regional projects and provided funding for public transportation. STRATEGIC PLAN: 3.4 Develop and Implement policies, including financial, that address the County's growing transportation needs. DISCUSSION: While staff recognizes that each of these current strategies will remain important components of the County approach in addressing transportation needs, the purpose of Wednesday's work session is to receive direction from the Board on how additional funding in the CIP and recent Board direction should be focused to address "local" transportation projects. For the purpose of this work session, local transportation needs will be defined as those projects not being considered by the MPO's Transportation Funding Options Working Group. Although staff realizes that the decisions of the MPO will influence the Board's direction on "local" transportation policy, this issue in being brought forward at this time due to the Board's recent commitment to funding transportation in the CIP, the reality of current unmet "local" needs in the adopted Six Year Secondary Road Plan and the increasing prospect of needed critical links to provide interconnectivity and optimally implement the County's Master Plans. Return to regular agenda http://www.albemarle.org/upload/images/Forms _Center/Departments/Board _ oC Superviso... 11/3/2005 RECEIVED AT BOS MEETING Date: /~0/ Agenda Item .: Clerk's Initials: 1 2 3 Jarman"s Gap Road Preliminary Bulk of this work done by VDOT. Engineering Public Hearing scheduled for March, 2006. (Including Little County opportunity to expedite this part of Location/Design): project Right -of-way VDOT has staff for this work. However, their Acquisition: workload may make contracting this a better option. County could fund cost difference of contracting to achieve optimal timing. Contract! Current advertisement date - December, 2008. Construction: Could be "phased" to expedite start of construction. County not likely to need to fund phasing approach. Georg~town Road Preliminary Local Task Force completed recommendations and Engineering project was initially scoped in 1999. (Including Project development meeting recently held w/ staff. Location/Design ): Citizen's information meeting to be held in March 2006 - VDOT to provide alternative visual concepts. County to conduct outreach in advance of meeting. Right-of-way VDOT to manage this work. Acquisition: Extent of acquisition TBD in location/design process County participation, if any, to be determined. Contract! Current advertisement date - December, 2011 Construction: Scope and timing TBD in location/design process County participation, if any, to be determined 4 Proffit Road Preliminary Currently not scheduled. Engineering County $'s can fund preliminary engineering and get (Including street to initial design hearing. Location/Design ): Right-of-way Timing dependent on preliminary engineering. Acquisition: VDOT has staff for this work. Extent of acquisition TBD in location/design process ContracU Scope and timing TBD in location/design process. Construction: Preliminary Engineering will determine if project construction can be accelerated by "phasing" Possible acceleration of Phase I by supplementing VDOT funding with County funding 5 Right-of-way Acquisition: County can create "Official Map" Also gives developers a known expectation Contract! Construction: Main Street Preliminary Main Street, starting at Crozet Ave, is listed as a Engineering high priority in the Crozet Master Plan. (Including While street construction is listed as private, County Location/Design ): work to establish alignment and address Crozet Ave improvements could "kick start" the street. Preliminary engineering could begin in 2006 to establish road alignment and refine cost estimates. Right-of-way County can create "Official Map" Acquisition: Also gives developers a known expectation Contract! Master Plan does not list this as a County CIP item. Construction: Recommended construction would be limited to Crozet Ave and other County funded projects. 6 - 7 & 8 ~ . . 9 OFFICIAL MAP The purpose of an Official Map is to show the location of any future or proposed public street, alley, walkway, waterway and public area. The Official Map must fix and determine the centerline and width of any proposed street, the course of the waterway, or the metes and bounds of a public area by either a physical surveyor aerial photographic survey. After adoption of an Official Map, the County may acquire property needed for the construction of any improvement shown on the Map. When an application for a building permit is made for an area shown on the Official Map as a future or proposed right-of-way, the County has sixty days to either grant or deny the building permit. lfthe permit is denied for the sole purpose of acquiring the property, the County has 120 days from the date of the denial to acquire the property by negotiation or by filing condemnation proceedings. lfthe County has not ac~ed within the 120 day period and the applicant has met all other requirements of law, then the building permit must be issued to the applicant. The County may only require developers in the site plan or subdivision process to dedicate property for public improvements if the need for the improvement is substantially necessitated by the development. The Official Map must be prepared and recommended by the Planning Commission. The Planning Commission must consult with VDOT regarding any public streets to be included on the Map. The Board of Supervisors, after receiving the recommendation of the Planning Commission, giving public notice and holding a properly advertised public hearing, may adopt the Official Map by ordinance upon a majority vote. Within thirty days after adoption the Official Map must be filed in the office of the clerk of the circuit court. The Official Map shall be not be of any force or effect for more than five years after adoption unless readopted by the Board of Supervisors. The advantages of an Official Map are that it: (1) protects the location of future public improvements from by-right development that conflicts with those improvements; and (2) establishes the exact location of future public improvements so that developers can coordinate developments plans with those improvements. An Official Map, however, does not require a developer to donate property necessary for a public improvement if it conflicts with the developer's by-right development plans. The disadvantages of an Official Map are that: (1) the County expends funds necessary for locating future public facilities whose location may need to be reexamined when viewed in light of subsequent development plans; (2) developers applying for rezoning of property may avoid the cost of paying for the planning and coordination of future public facilities; and (3) it may encourage developers to propose by-right development plans that are in conflict with the location of future improvements to force the County to purchase the property. The County, with or without an Official Map, may reasonably require developers proposing to rezone property to plan, locate, and coordinate future public facilities identified in the Comprehensive Plan. Developers anticipating substantial economic benefit from a rezoning may proffer to construct all or a portion of on-site and off-site public facilities related to the proposed development. ',' U .A! 80S 1,'._._ ._._~_ / ~/ fjit / ',',) p,;__~"!Y.'...-----_. y/ COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Fire Rescue Work Session November 9,2005 ACTION: X IN FORMATION: SU BJ ECT /PROPOSALlREQU EST: Board direction regarding system expectations and CONSENT AGENDA: clarification of roles ACTION: INFORMATION: /' .- .- STAFF CONTACT(S): ATTACHMENTS: No . / Tucker, Foley, Eggleston ,,..// //l // "" /' REVIEWED BY: J'lL I LEGAL REVIEW: N/A ~/ t / BACKGROUND: Staff has recently discussed changes and challenges in the County's Fire Rescue system and the need for direction from the Board regarding expectations and the roles of the various emergency providers in the system. Because of the significant increased investments in the system over the past several years, and the anticipated changes ahead with the addition of staff to support volunteer stations and to man new stations, establishing guiding principles and service expectations are particularly important. In addition, the changes in the system have created the need for clarity regarding the role of staff and the Fire Rescue Advisory Board in policy development and service delivery decisions. STRATEGIC PLAN: Goal; 3.1: Make the County a safe and healthy community in which citizens feel secure to live, work and play DISCUSSION: The purpose of Wednesday's work session is to discuss current and future challenges facing the County in the provision of Fire Rescue services and to receive directions from the Board regarding 1) guiding principles; 2) specific goals and expectations; and 3) the roles and responsibilities of staff in carrying out Board direction. 05.152 . '/' ">7 // /(J ~ _. . ."'~"7L-!/~--"-_._--"----_._- Jd_ ,-,u-7 c: .f Fire Rescue System Development I! I Overview . Purpose . Discuss changes in the Fire Rescue system . Get Board direction on: . Expectations for service . Interaction with volunteer agencies . Outcomes · Consideration of system guiding principles . Direction on system goals/expectations . Clarification of staff and ACFRAB roles 1 .. I System Status 1. System is undergoing major changes 2. County has invested heavily in the Fire Rescue system over past 5 years 3. Current structure & systems are not as effective as needed 4. Expectations of the system are not clear - Board clarification needed Major System Changes · Increased expectations due to national events - NIMS mandated . Change in service demands Growth & Gaps in Coverage - new stations planned . Urban response standards · Replacement of City services in 2010 - decisions in 2007 · Growing Fire Rescue Department - additional career staff To supplement volunteer staffing - 23 currently, 7 additional requested in '07 To staff new fire rescue stations - 12 currently, 37 additional over next 5 years' . Increased Volunteer Funding Requests 2 , System Investment Recent Improvements in Volunteer Support 0' 100% of volunteer basic operating costs paid 0' 100% of volunteer vehicle insurance premiums paid 0' 100% of training supplied free fJlus funds for out-of-town training 0' Meal stipend provided for volunteers while on duty 0' Provide career staff to supplement volunteer response 0' $75,000 annual allocation for personal protective gear 0' $500,000 investment in equipment (SCBA & defibrillators) 0' $1.5 million in outstanding loans forgiven for volunteer stations 0' $15.2 million proposed in CIP for volunteer apparatus replacement System Concerns · Lack of focus on response times & service level · Resistance to systems approach & development . Lack of minimum training standards · Resistant to follow broad County policy set by Board of Supervisors · Resistant to follow policy set by Volunteer Advisory Board · Conflict regarding staff and Advisory Board roles 3 Policy Development Desired Process Board Guidance . System Expectations . Service . Return on Investment . Staff's role in carrying out expectations 4 . Guiding Principles? ./ Commitment to support a volunteer system ? Service and quality care to our citizens are first priority ? Expect Return on investment ? Expect Systems approach ? Financial stewardship ? Decisions based on data & best practices Return on Investment- Board Expectations and Goals? 1. Expectations · Follow County Policies & Procedures · Require data on expenditures, membership, training, etc. 2. Goals Develop a plan to meet response standards & monitor performance · Establish minimum training standards · Develop County-wide operational policies Create common specifications on apparatus, tools, & equipment 5 . Clarifying roles and responsibilities Desired Process Board Expectations Role of Staff . Administrative and Funding Policy Development . Some ACFRAB members would prefer to address board directly without Fire Rescue, OMB, or County Executive involvement . Justification & critical analysis to establish funding & other policy issues? . Rely on the Board or Board liaison to work directly with ACFRAB to develop and resolve policy questions? . Operational Policy Development . Currently up to local fire or rescue Chief to make operational decisions for his or her area . Should Staff be involved in operational policy decisions to address deficiencies in emergency response and service to citizens? 6 . Conclusion ? Approval of guiding principles ? Direction on goals/expectations ? Clarification of Staff & ACFRAB roles 7 November 9, 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 EXISTING INTERJURISDICTIONAL AGREEMENT AND THE NEGOTIATION OF A CONTRACT. ..<.;,I/ED A"'r- , )'. It BOS ~ .4'r>. --....1,..."). st:'~~~-~ ~' . , PLEASE SIGN BELOW IF YOU WISH TO SPEAK ON MATTERS NOT LISTED ON THE AGENDA FROM THE PUBLIC - NOVEMBER 9, 2005 The following guidelines will be used: 1 2 /-:- / trJ-... 3 4 5 6 7 8 9 10 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. Lt. ~I - q (., 2 "()[/lj 7 if]y , ~1~?,-(~2:ry Lo4cJt. -2 C;{;- !\Ir. Chairman, Please return sign-up sheet to Clerk at end of meeting. ZMA 2004-024 Old Trail VillaQe (SiQns #56.65.82.901 The total proposed density ranges from 1,600 units per acre to 2,200 units per acre. The total proposed square footage for commercial uses ranges from 50,000 square feet to 250,000 square feet. OLD TRAIL OTHER DEVELOPMENT: Neighborhood 6 and 7 1. Ballard Field Final 63 lots 2. Ballard Field Upper Final 43 lots 3. Ballard Field Townhouses 73 units 4. Old Trail Creekside II 96 lots 5. Old Trail Ballard Field Garden Condominiumns 90 units. TOTAL: 365 units + 2,200 under re-zoning = 2,565 units. Total Units Recommended Under Crozet Master Plan: 1240 1,240 units were approved under the Crozet Master Plan. The total number of units approved under the re-zoning was 2565 units. This was a 103% increase over the original recommended number of units. Total Commercial Square Feet Recommended in Crozet Master Plan: 141,450 Total Commercial Square Feet Approved Under Rezoning: 250,000 141,450 square feet were approved under the Crozet Master Plan. The total number of square feet approved under the re-zoning was 250,000 square feet. This was a 78% increase over the original recommended number of square feet. . '. ~jVED AT 80S ME;::-;" . ;". ///":/c;; .f'" :,"d::: !tom #: 7 . ". "";.-'". [5;." /' ,...,~./-~-_.- CROZET DEVELOPMENT AREA STATISTICS EXISTING AND NEW DEVELOPMENT COMBINED pt..-ACEs. CORRIDORS & Commercial SF. Commercial SF- Empl't Ctr SF. Retail SF- Retail SF. # Res Units- # Res Units- Inslilutions- Of Sr~CTS SUBTOTALS TOTALS TOTALS SUBTOTALS TOTALS SUBTOTALS TOTALS TOTALS Downtown Ol'JE 192.300 See Below 129300 502 , S ubtota I 192,30( 192,30C See Below 129300 129300 502 502 Neighborhoods ONE 20,000 See Below 6000 172 [ TVVO 59B50 17550 346 2 THREE 30,000 9000 346 1 FOUR 49450 61250 172 1 FIVE 30.000 See Below 9000 260 2 . SIX 59850 17550 346 1 SEVEN 30.000 9000 346 1 EIGHT 30,000 9000 346 , 1 Subtotal i 309.150 309.150 See Below 138,350 138350 2334 2334 . .~. . " . . .... ...... , . .. .... .' " ..... .' ...... ...... ...... Ha mlets ONE 10BOO 3600 144 1 TWO 10800 3600 144 C TH REE 10800 3600 144 1 FOUR 10BOO 3600 . 190 Subtotal " '. 43200 43200 14400 14400 .'822 622 ... .' .. >I .' .' ." . . . Corridors ONE (NS) 21600 7200 144 0 TWO (EW) 10800 3600 854 C Subtotal 32400 32400 IOBOO 10BOO 99B 99B Districts ONE (DOWNTOWN) 1 B9600 TWO (EAST) 533400 THREE (WEST) 142200 Subtotal B65200 GRAND TOTALS .. 577,050 865200 292.850 4456 16 NOTE 1: SF & Residential Unit Counts DO NOT include the area immedia~ely north of Downtown, outside of the Growth Area Boundary SF & Residential Unit Counts DO NOT inctude potential new development north of the ConAgra/Acme site, outside of the boundary, but DO incl'Jde existing square footages for ConAgra, Acme Visible and a trucking company as part f the Employment District (East.) Note 2: "Institutional 8uildinqs" include private and public facilities '-.._",\-- /( >--.:; ,', \,\ 40, ~ .\ \ '~~, .' o g , ~ !~ Q ~~ z . < r=\ i* \..::::; " ,a I > " L i I I, 'i I' ~ ~ ~ ~ ~ ~ , , \ ~ ~--_l .,..- ..--- / -'-- --' I ~'", ~~-~; '> 0.. r-: ~ (/) V V ,S c: 0............ '" >-Vp:; t--< ':"9 ~ V ::J ~o ~ .......... ....., ~ 0... 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"'''' 0 .... 0 (3 ~ lJ '" - ~=~~1::i~j-S15~~Q 13........a:;B.~ O -c.... 5 :3 ~' u -0 >, t: t <:a' ~ c (OJ ~ >,'1: 8 0 ~ ~ ~..c ~ ~ .., 'S 15- -i~ S %~~_~i..,~~it.~8~~~~ ~ en ~ ~ '0 u -B ...c: .~ <>:: 0.. B ~ Q U ~ ~ 1- ....- ~ .$ ~ "'0 ~ ~ '" , \,r) t-- ~l ~ '~ ~ -- -- ~ , . I~ t,,) l!3~ 238 , ~ $i!i l!3~ ~~ 80: , Bill Tracking - 2005 session Page 1 of 1 sLlmmary I pd f HOUSE JOINT RESOLUTION NO. 726 On the death of Walter F. Perkins. Agreed to by the House of Delegates, January 14, 2005 Agreed to by the Senate, January 20,2005 WHEREAS, Walter F. Perkins ofCrozet, who served the citizens of Albemarle County as a member of the School Board, the Planning District Commission and the Board of Supervisors, died on May 19, 2004; and WHEREAS, a native of Dickenson County, Walter Perkins, a 1964 graduate of Virginia Tech, where he majored in forestry and wildlife, worked as a forester with MeadWestvaco for nearly 40 years; and WHEREAS, a resident of Crozet since 1968, Walter Perkins served for 10 years on the Piedmont Virginia Community College Board of Visitors and for four years on the Albemarle County School Board; and WHEREAS, a quietly effective member of the Albemarle County Board of Supervisors for 16 years, Walter Perkins served a term as chairman in addition to being a member and chairman of the Thomas Jefferson Planning District Commission; and WHEREAS, a lifelong environmentalist and a successful tree farmer in Crozet, Walter Perkins earned the designation of Virginia's Outstanding Tree Farmer of the Year several times; and WHEREAS, Walter Perkins, an active and devoted member of the Crozet United Methodist Church, served as chairman of the Church Council and chairman of the Pastor-Parish Relations Committee and worked as a member and sponsor of 4-H clubs in the area; and WHEREAS, a cofounder of the Crozet Community Association and a 35-year member of the Claudius Crozet Part, Walter Perkins served his local community and the wider Albemarle County community with integrity, devotion, and effectiveness; now, therefore, be it RESOL VED by the House of Delegates, the Senate concurring, That the General Assembly hereby note with sadness the loss of an outstanding citizen of Albemarle County, Walter F. Perkins; and, be it RESOLVED FURTHER, That the Clerk of the House of Delegates prepare a copy of this resolution for presentation to the family of Walter F. Perkins as an expression of the high regard in which his memory is held by the members of the General Assembly. Legislative Information System http://legl.state.va.us/cgi-bin/legp504.exe?051 +ful+HJ726ER 11/10/2005 _~. -.. ... __~ .._ '_."-. ... ,. __ _eO .....,.... ,. ~ .____, ---- Ii q . 1.:. j--_..."-"~ . - m_____. --.. - - ,~r.-.-" . --.. ~--~- ~_-:-..--~-...,..-......""~ --. }--II': iV/"f ------ Nov 9,2005 Chairman and Members of the Board of Supervisors for Albemarle County Charlottesville Triathlon Club 2413 Northfield Rd Charlottesville, VA 22901 Letter of Appreciation Mr. Chairman and Board of Supervisors, I wanted to thank you and your staff at the Albemarle County Parks for allowing us to stage our races in such a beautiful venue! We had a very successful year running our race series at Walnut Creek Park over the summer (see attachment). The use of the park allowed us to donate $15,000 to 4 beneficiaries: the Childhood Obesity Task Force, the Free Clinic, the Virginia Institute of Autism, and the Boy's and Girl's Club of Charlottesville/Albemarle (see attached thank you letters). We could not have done this without the help of Matt Smith, superintendent of Walnut Creek Park, in particular. The park contains a swimmable body of water, excellent roads for biking in a country setting, and renowned trails for mountain biking and running. We stage our series at this unique venue and other local clubs use it for the Blue Ridge Burn and numerous mountain bike races. We stage this series primarily for our club members and to encourage others in the area to take up the sport of triathlon. We serve regional racers, too, and we have the only triathlon races in this county. We're very concerned with safety at these events. We take steps to insure our club and the County Parks up to $2 million per event. This insurance comes from the governing body of triathlon in the USA, called USA T (see attached). Also, athletes sign an injury waiver before competing. To date, we've had no mishaps. 2006 will mark the 5th year of racing triathlon at the park. We hosted 750 racers, not to mention their supporters and friends, who showed up to cheer them on. We blocked off hotel rooms at the Holiday Inn on 5thIRidge St and had a pre-race pasta dinner at Cafe' Milano for 30 out-of-town first time racers. Most athletes stay 2 days here since our races occur on Sunday. We are part of the USAT Mid-Atlantic Series and the XTerra race is nationally promoted. Athletes from the Southeast race here to get points for Nationals in Kansas City and XT erra Nationals in Lake Tahoe. Our club, with over 159 members, runs the series with a race committee, a race director and assistant, and I oversee sponsorship, advertising, and park approval. We hope the County will allow uSJo-9Dntil}uetrU$'race series from year to year! Again, thank you all, ~'7 ... -WH~/C U~ (434) 825-~48 www.cvilletriathlete.com /"":~...;::~ "';~-t }h .' ~ 1 I '-' ,(. '," ~<;\-;;:':'~L7JP)iH COMMONWE'ALTH of VIRGINIA In Cooperation with the State Department of Health Thomas Jefferson Health District 1138 Rose Hill Drive P. O. Box 7546 Charlottesville, Virginia 22906 ALBEMARLE. CHARLOTTESVILLE FLUVANNA COUNTY (PALMYRA) GREENE COUNTY (STANARDSVILLE) LOUISA COUNTY(LOUISA) NELSON COUNTY (LOVINGSTON) Phone (434) 972-6219 Fax (434) 972-4310 October 24,2005 Tre' Hams 2413 Northfield Rd. Charlottesville, V A 22YU 1 Dear Tre'; On behalf of the Childhood Obesity Task Force (COTF), we would like to thank you and the Charlottesville Triathlon Club for the gift of $7000. Thanks to generous donations such as yours, we are able to support new community initiatives that encourage our children to be fit and healthy. The COTF has begun to fund school and community projects that promote physical activity and/or healthy eating for children and teens. We are about to initiate a scholarship program to enable at-risk children to sign up for a class, sports program or other structured activity that promotes fitness and nutrition. We look forward to working with you again in 2006 and letting the community know about the Triathlon Club's role in supporting the health of our children. Sincerely, .~ ~~-~~7;~ . ~ CJ Barbara H. Yager, MEd, RD Co-Chair ( , L < I () .' .... :} 1 ------~:'.l / .......... I ~"7 :" ., '--' / (.:""""'\' "- /;.:- Peggy Brown Paviour, MS, CHES Co-Chair Childhood Obesity Task Force . Albemarle County Schools . Alliance for Community Choice in Transportation . Atlantic Coast Athletic Club . Camp Holiday Trails . Care Connection for Children . Charlottesville City Schools . Charlottesville City Parks and Recreation · Children, Youth and Family Services. Martha Jefferson Hospital . First Presbyterian Church Parish Nursing . Pediatric Associates . Rural Health Outreach Program . Thomas Jefferson Health District . University ofVrrginia . UV A Health System . Virginia Cooperative Extension · YMCA and concerned individuals January 5, 2005 Tre Harris 2413 Northfield Rd. Charlottesville, VA 22901 Dear Tre: On behalf of the Childhood Obesity Task Force (COTF), we would like to thank the Charlottesville Youth Triathlon race committee and the many others who made the event possible for the generous donation of $1200 presented to the COTF at its December 1, 2004 meeting. This money will be put to good use in our efforts to prevent and treat overweight among local youth. We support and promote those in our community whose goal is to promote healthy eating and physical activity among children and their families. The Youth Triathlon garnered the talent and energy of countless committed adults and children in the greater Charlottesville area. It was a terrific example of how we can work together to make a difference.a Sincerely, I ,.;,. ( 1/. / x5J tiLi..')/) //t t '7 t- [{,V I zf} I Peggy Brown Paviour, MS, CHES Co-Chair ,~t~r;~ /~7~~-L- Barbara H. Yager, MEd, RD Co-Chair P.O. Box 7546 . Charlottesville, Virginia 22906 . (434) 972-6232 charlottesville 'FREE CLINIC BOARD OF D I RECTORS Ray R. Mishler CHAiR Mohan M. Nadkarni. MD VICE CHAIR Lorraine S. Rinella SECRETARY Sean A. Miller TREASURER Gene D. Block Edward H. Brownfield Carolyn L. Engelhard. MPA Mary E. Fisher, RN. MSN Susan Garrett Arthur Garson. Jr.. MD. MPH James P. Hogan Anne J. Jones Elliot H. Kuida John L. Lanham, MD Karen L. Maughan. MD Bruce R. Murray John A. Owen. Jr.. MD Susan K. Payne Terran W. Sims, RN. MSN Harvey D. Smallwood, MD Cynthia B. Stultz Patricia A. Tiedeman. RPh William J. Viglione. DDS Peyton E. Weary. MD 1138 Rose Hill Drive, Suite 200 Charlottesville. VA 22903-5128 Clinic Line "-1 34.296552~) Administrative Line Fax 45"2%.090'! Email Web November 7, 2005 Mr. Tre Harris Charlottesville Triathlon Club 2413 Northfield Road Charlottesville, VA 22901 Dear Mr. Harris: Thank you so much for delivering the check for the proceeds of Charlottesville Triathlon Club's 2005 triathlon series to the Free Clinic last Friday. We are delighted that this year's races raised $5,000 for the Free Clinic. Our staff and volunteers enjoyed assisting with the adult triathlons in June, July and August. The triathlons provide a wonderful opportunity to raise funds for the Free Clinic while having fun! We never seem to have difficulty recruiting volunteers to help with the races as everyone enjoys spending the morning at Walnut Creek Park. When our physician volunteer, Dr. Martin Katz organized the first race in 2002 to raise funds for the Free Clinic and the Obesity Task Force, we didn't anticipate how much the community would be interested in a triathlon. The growth rate for the series has been phenomenal and the Free Clinic is grateful for the funds it has generated. Thank you for all of your hard work with races this year. It was a pleasure to work with you and your volunteers. The triathlons have become a tradition at the Free Clinic and we very much look forward to working with you again next summer. Sincerely, %JRv ~ ~ .Cvit, ~ Il N Erika D. Viccellio, MEd Executive Director Kathryn S. Cross Development Coordinator Laura B. Young Volunteer Coordinator Board of Directors Thomas S.M. Brannock President Alex Moore Vice President Stephen B. Perry Treasurer Lucy Goeke Secretary Nancy Ann Fraser Mark Lorenzoni Thomas A. McQueeney Todd C. Rhea William D. Tucker, III Margaret M. Van Bree Bernard C. Webb - The Virginia Institute of Autism 1414 Westwood Road Charlottesville, Virginia 22903 Tel 434.923.8252 Fax 434.923.8566 www.viaschool.org November 8, 2005 Mr. Tre Harris Mr. Paul Hahn Mr. Steve Policastro Race Directors Charlottesville Triathlon Club Dear Tre, Paul and Steve: On behalf of the Virginia Institute of Autism and the hundreds of families faced with autism in our community, I want to express my heartfelt thanks to you, the many volunteers and participants in the Charlottesville Triathlon Club for your generous support this year. We were honored to participate in your 2005 Nissan Series at Walnut Creek Park, and your gift will make a tremendous difference in the lives of children and families. As you are aware, autism is a pervasive developmental disorder affecting normal brain development and leaving many infants and children without the ability to communicate. It is devastating when parents learn that there is no cure and that insurance won't pay for the one therapy proven most effective. Unless you can afford to spend tens of thousands of dollars, your child might have to wait years to get the help he needs. That's the reality for hundreds of families in our area, thousands throughout Virginia. And ifit weren't for VIA, there would be no school for children with autism in our community and very little in the way of resources. With your support, VIA can give parents a reason to hope. The proceeds you are generously donating from your 2005 series will provide partial scholarships for 10 families, who could not otherwise afford it, to participate in one of five, four-day training workshops VIA will offer throughout the year. Weare deeply grateful for your activism and philanthropy in this community and would welcome the opportunity to take part in next year's series. Sincerely, =Uh~ Kate Lambert Director of Development and Communications Date Issued: 2o-Apr-Q5 CERTIFICATE OF INSURANCE CERTIFICA TEHOLDER WALNUT CREEK PARK 4250 WALNUT CREEK PARK ROAD NORTH GARDEN, VA 22959 PRODUCER American Specialty Insurance Services, Inc. 142 North Main Street Roanoke, Indiana 46783 INSURED USA Triathlon 1365 Garden ofthe Gods Rd. Colorado Springs. CO 80905 This certificate is issued as a matter of information only and confers no rights upon the certificateholder. This certificate does not amend, extend, or alter the coverage afforded by the policy below. COVERAGES - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA TED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITION OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Discover Property and Casualty Insurance Company GL Policy Number D258L00084 Effective:01-FEB-oS12:01 AM Expires:01-DEC-oS12:01 AM COVERAGE LIMITS IN DOLLARS General Aggregate - Per Event ~OOO,ooo Products-Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Damage to Premises Rented to You (Any One Premises) Medical Expense Limit (Any One Person) Non-Owned/Hired Auto Liabili 1,000,000 1,000,000 1,000,000 500,000 Excluded 1,000,000 ADDITIONAL INFORMATION / RESTRICTIONS / SPECIAL ITEMS · The Certificate holder is only an Additional Insured with res to bility caused by the negligent acts or omissions of the Named Insured as respects to the CHARLOTTESVILLE SPRINT TRIATHLON on June 19, 2005. CANCELLATION - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATEHOLDER, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Form No. USTO_000002 Certificate No. 1000340928 Oa · · ,U.IJ/., ~ ~ David Harris Authorized Representative CERTIFICATE OF INSURANCE I 06/1312005 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE American Specialty Insurance Services, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND, OR 142 NQrth Main Street ALTER THE COVERAGE AFFORDED BY THE POLICY BELOW. Roanoke Indiana 46783 INSURED INSURERS AFFORDING COVERAGE USA Triathlon INS. A: Discover Property and Casualty Insurance Company 1365 Garden of the Gods Rd. INS.B: Colorado Springs, CO 80905 INS.C: CERT NUMBER: 1000348057 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITION OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS POLICY POLICY POLICY / LTR TYPE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS General Aaareaate - Per Event V 2,000,000 GL D258LOOO84 0210112005 12tU112005 Products-Gomoleted ODArations Aaareaate 1,000,000 A 12:01 a.m. Personal and Advertisinn Iniurv 1,000,000 12:01 a.m. Each Occurrence 1,000,000 Pr..mi...." R"ntAti tn Vnq (Anv One Premisp.~\- 500,000 Medical Exoense Limit (Anv One Person) Excluded Non-OwnedJHired Auto Liability 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS - T'" o.""~"h_" ;, only '" Add""'_ ,=""'. """""""'.... '''' _ "'" "m""'~ ~ ."''''''''''''''' Fo~ AG 5075 """,, A""_"~",'" - 0."'1' buI only with respect to the negligent acts or omissions of the Named Insured as respects to the CHARLOTTESVillE INTERNATIONAL TRIAHTlON on July 31, 2005. CERTIFICATE HOLDER ALBEMARLE COUNTY PARKS AND RECREATION 401 MCINTYRE BLVD CHARLOTTESVILLE, VA 22902 CANCELLA TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY Will ENDEAVOR TO MAil 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT FAILURE TO MAil SUCH NOTICE SHAll IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~ . CERTIFICATE OF INSURANCE I 06/28/2005 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE American Specialty Insurance Services, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND, OR 142 North Main Street ALTER THE COVERAGE AFFORDED BY THE POLICY BELOW. Roanoke Indiana 46783 INSURED INSURERS AFFORDING COVERAGE USA Triathlon INS. A: Discover Prooerty and Casualty Insurance CompanY 1365 Garden of the Gods Rd. INS.B: Colorado Springs, CO 80905 INS.C: CERT NUMBER: 1000349649 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITION OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS POLICY POLICY POLICY /' LTR TYPE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS General Aooreoate - Per Event c.. 2,000,000 GL D258Looo84 02/0112005 12,1)1/2005 Products-Com Dieted Ooerations AoorBaate 1,000,000 A Personal and Advertisinn Iniurv 1,000,000 12:01 a.m. 12:01 a.m. Each Occurrence 1,000,000 . tn PrAmi=<> RAnted to Ynll IAnv 1In.. Premi......' 500,000 Medical ElCDAnse Umit (Anv One Person\ Excluded Non-OwnedlHired Auto Liability 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS - The Certificateholder is only an Additional Insured in accordance with the proviSiOns and limitations of endorsement Form AG 5075 (07102) Additional Insured _ Certificateholders, but 00" ... ~"'" to ... """",- "'" oc om'~;~ of ... """"" '0..... .. __ '" ... CHARLOTTESV;LLE OFF-ROAD T",AtfTLON 00 A",... 27, 2005~ CERTIFICATE HOLDER ALBERMALE COUNTY PARKS AND RECREATION DEPARTMENT 401 MC INTIRE ROAD CHARLOTTESVILLE, VA 22902 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WilL ENDEAVOR TO MAil 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~ COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Key West Lake Dam Easements November 9,2005 ACTION: INFORMATION: SU BJECT/PROPOSALlREQU EST: Authorize the County Executive to sign five Permanent CONSENT AGENDA: Access and Maintenance Easements for Key West ACTION: X IN FORMATION: Dam Project ATTACHMENTS: No STAFF CONTACT(S): ..---> Messrs. Tucker, Foley, Davis, Trank, Shadman, -- ....---- Stumbaugh, Garrison REVIEWED BY: ,i ,/ ,---- / I LEGAL REVIEW: Yes //f.j ( ~ / BACKGROUND: On December 1, 2004 the Board of Supervisors approved an appropriation to fund Option 3 of Key West Dam "Opinion of Probable Projects Costs Report" (Kimley Horn Associates dated August 4, 2004). The total budget was $347,000. Design is now complete and the Invitation for Bids was advertised on October 23, 2005. Bid receipt is scheduled for November 30, 2005. The construction period is programmed for February 1,2006 to June 1,2006. Staff's initial schedule was to complete this project well in advance of June 1, 2006. However, delays in securing easements plus site plan review concerns have delayed the project to this point. Residents are fully aware of the new schedule. STRATEGIC PLAN: Goal 4.2. Fund County Services in a fair, efficient manner and provide needed public facilities and infrastructure DISCUSSION: For construction and subsequent maintenance of the facility, five Permanent Access and Maintenance Easements are required. The following describes each easement and its respective Owner: 1. TMP 62B1-D-5, owned by John F. Herberg and Mitzie M. Herberg, Trustees, 400 Key West Drive, Charlottesville, VA 22911. 2. TMP 62B 1-D-4, owned by Joseph W. and Margaret A. Reed, 100 Northwest Lane, Charlottesville, VA 22911. 3. TMP 62B1-D-4A (former Well Lot), owned by Joseph W. and Margaret A. Reed, 100 Northwest Lane, Charlottesville, VA22911. 4. TMP 62B1-E-3, owned by Robert F. and Francene M. Bossi, 401 Key West Drive, Charlottesville, VA 22901. 5. TMP 62B1-1, owned by Key West Club I, 393 Key West Drive, Charlottesville, VA 22911 Deeds prepared by the County Attorney's Office have been signed by the property Owners. One of the five properties (Bossi) requires that a "Consent of Lienholder" form be signed by Chase Manhattan Mortgage Corporation. Construction cannot commence until a) the "Consent of Lienholder" form is signed by the Chase Manhattan Mortgage Corporation, and b) the five deeds of easement are signed by the County Executive. At the time of writing this Executive Summary, Chase Manhattan Mortgage Corporation was reviewing the document. BUDGET IMPACT: The Board of Supervisors approved Option 3 of the "Opinion of Probable Projects Costs Report" on December 1, 2004, based on a pre-design estimated design and construction cost of $347,000. At the completion of design, the County Project Manager asked the Consultant to revise their estimate taking into account recent spikes in site construction costs nationwide. This estimate also reflected changes in the original scope as a result of actual hydrologic studies and County AGENDA TITLE: Key West Lake Dam Easements November 9,2005 Page 2 Engineering review. The Consultant's August 8, 2005 revised estimate revealed a probable design and construction cost of $530,000, an increase of approximately 50% in one year. Should the bids exceed the current appropriated amount of $347,000, funding is available in the Storm Water Control Improvement account (1-9100-41000-900975) which currently has a balance of $1,402,414.00. RECOMMENDATIONS: Staff recommends the Board of Supervisors authorize the County Executive to sign the easements (currently residing in the Clerk's Office) on behalf of the County. Should the bids come in above the originally appropriated amount of $347,000; staff will schedule this item for further Board review in December. 05.149 Attachment A-I DEED OF EASEMENT THIS DEED OF EASEMENT made this JL day of Oc 1cJ bJ- ,2005 by and between JOHN F. HERBERG and MITZIE M. HERBERG, CO-TRUSTEES OF THE HERBERG LIVING TRUST, Grantors, and the COUNTY OF ALBEMARLE, VIRGINIA, Grantee. WITNESSETH: That for and in consideration ofTEN DOLLARS ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby GRANT, CONVEY, and DEDICATE to public use with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantee, its successors and assigns, a perpetual exclusive easement over certain property described as follows: New Permanent Access and Maintenance Easement Hereby Dedicated to Public Use, 4909 s.f., as shown on plat of Thomas B. Lincoln Land Surveyor Inc. dated August 8, 2005, a copy of which is attached hereto to be recorded with this deed (the "Plat"). Reference is made to the Plat for a more particular description of the land conveyed herein. The interest in property conveyed herein is a portion of that certain lot or parcel of land with the improvements thereon, situated in Albemarle County, Virginia, in the subdivision known as Key West, shown and described as Lot 5, Block D on a plat of Section One of Key West Subdivision dated January 8, 1960, recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 361, page 175, being the same property conveyed to Grantors by deed from Peter R. Hanchak and Gail E. Hanchak dated April 19, 2001, recorded May 3, 2001 in the said Clerk's Office in Deed Book 2020, page 402. Prepared by Albemarle County Attorney's Office Tax Map Parcel 62BI-D-5 The easement provided for herein shall include the right of the Grantee, its successors and assigns, to construct, install, maintain, repair, change, alter, and replace dam outfall structures within the easement conveyed herein, as shown on the Plat. The easement provided for herein shall also include the right of the Grantee, its successors and assigns, to cut any trees, brush and shrubbery, remove obstructions, and take other similar action reasonably necessary to provide adequate facilities within the easement conveyed hereby. The Grantee, its successors and assigns, for the purpose of inspecting, maintaining and operating its facilities within the easement conveyed herein shall have the right and easement of ingress and egress over any lands of the Grantor adjacent to the easement described herein between any public or private roads and the described easement. The Grantee, its successors and assigns, shall repair or replace only ground cover now within the easement conveyed herein which may be disturbed, damaged or removed as a result of the construction of any of the Grantee's facilities, shall remove all trash and other debris of construction or repair from the easement, and shall restore the surface thereof to its original condition as nearly as reasonably possible, all subject, however, to the exception that the Grantee shall not be so obligated when it would be inconsistent with the proper operation, maintenance or use of its facilities within the easement conveyed herein. The Grantee specifically reserves the right to assign this easement as its interests may require. The Grantee, acting by and through its County Executive, duly authorized by resolution of the Board of Supervisors of Albemarle County, does hereby accept the conveyance ofthe interest in real estate made by this deed. WITNESS the following signatures. 2 GRANTOR: /1f~ GRANTOR: /n~1lH Ak/fu~ a-~~ MIT . HERBERG, CO- TR TEE GRANTEE: ROBERT W. TUCKER, JR. COUNTY EXECUTIVE Approved as to form: County Attorney COMMONWEAL TH O(;rI7:::;IA CITY/COUNTY OF . ,;/(lR The foregoing Ot trJlY/ instrument was acknowledged before , 2005 by John F. Herber , Grantor. me this itL day of My Commission Expires: r7 COMMONWEAL TH O~INIA . CITY/COUNTY OF mrl((.L- T~e foregoing Dc k b( / instrument was acknowledged before me this ~ day of , 2005 by Mitzie M. Herberg, Grantor. On1~ m &lmLx--J Notary Public V My Commission Expires: 3 COMMONWEAL TH OF VIRGINIA CITY/COUNTY OF The foregoing instrument was acknowledged before me this day of ,2005 by Robert W. Tucker, Jr., on behalf of the County of Albemarle, Virginia, Grantee. Notary Public My Commission Expires: 4 Attachment A - 2 DEED OF EASEMENT THIS DEED OF EASEMENT made this 4thdayof October , 2005 by and between JOSEPH W. REED and MARGARET A. REED, husband and wife, Grantors, and the COUNTY OF ALBEMARLE, VIRGINIA, Grantee. WITNESSETH: That for and in consideration ofTEN DOLLARS ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby GRANT, CONVEY, and DEDIC A TE to public use with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantee, its successors and assigns, a perpetual exclusive easement over certain property described as follows: New Permanent Access and Maintenance Easement Hereby Dedicated to Public Use, 5367 s.f., as shown on plat of Thomas B. Lincoln Land Surveyor Inc. dated August 8, 2005, a copy of which is attached hereto to be recorded with this deed (the "Plat"). Reference is made to the Plat for a more particular description of the land conveyed herein. The interest in property conveyed herein is a portion ofthat certain lot or parcel ofland with the improvements thereon situated in Albemarle County, Virginia and containing 1.782 acres in the subdivision known as Key West, shown and described as Lot 4, Block D on a plat of Section One of Key West Subdivision recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 353, pages 193 through 197, except for a portion thereof which was conveyed to Red Hills Water Corporation by deed dated June 10, 1959, recorded in said Clerk's Office in Deed Book 361, page 172. The easement provided for herein shall include the right of the Grantee, its successors and assigns, to construct, install, maintain, repair, change, alter, and replace dam outfall structures within Prepared by Albemarle County Attorney's Office Tax Map Parcel 62BI-D-4 the easement conveyed herein, as shown on the Plat. The easement provided for herein shall also include the right of the Grantee, its successors and assigns, to cut any trees, brush and shrubbery, remove obstructions, and take other similar action reasonably necessary to provide adequate facilities within the easement conveyed hereby. The Grantee, its successors and assigns, for the purpose of inspecting, maintaining and operating its facilities within the easement conveyed herein shall have the right and easement of ingress and egress over any lands of the Grantor adjacent to the easement described herein between any public or private roads and the described easement. The Grantee, its successors and assigns, shall repair or replace only ground cover now within the easement conveyed herein which may be disturbed, damaged or removed as a result of the construction of any of the Grantee's facilities, shall remove all trash and other debris of construction or repair from the easement, and shall restore the surface thereofto its original condition as nearly as reasonably possible, all subject, however, to the exception that the Grantee shall not be so obligated when it would be inconsistent with the proper operation, maintenance or use of its facilities within the easement conveyed herein. The Grantee specifically reserves the right to assign this easement as its interests may require. The Grantee, acting by and through its County Executive, duly authorized by resolution of the Board of Supervisors of Albemarle County, does hereby accept the conveyance of the interest in real estate made by this deed. WITNESS the following signatures. 2 GRANTOR: GRANTOR: GRANTEE: Approved as to form: County Attorney COMMONWEAL TH OF VIRGINIA CITY/COUNTY OF ~().t\...\tl~'J\ \\.L. jp~:E~ ~~~2.\) MAR A A. REED -- ROBERT W. TUCKER, JR. COUNTY EXECUTIVE The foregoing instrument was acknowledged before me this -4~ day of C)<:..~o~ ,2005 by Joseph W. Reed, Grantor. -V~o... f(\. ~~~\.ill, Notary Public My Commission Expires: CO \ ~\ \ o~ COMMONWEAL TH OF VIRGINIA CITY/COUNTY OF ~~\D'\\:9..tN;' \ U. The foregoing Ch...\'D~ instrument was acknowledged before me this .14~ , 2005 by Margaret A. Reed, Grantor. My Commission Expires: to \~\ \ DlJ \=)~o.. \"\. S,,~~ Notary Public 3 day of COMMONWEAL TH OF VIRGINIA CITY/COUNTY OF The foregoing instrument was acknowledged before me this _ day of ,2005 by Robert W. Tucker, Jr., on behalf of the County of Albemarle, Virginia, Grantee. Notary Public My Commission Expires: 4 Attachment A - 3 DEED OF EASEMENT THIS DEED OF EASEMENT made this 4 th day of October ,2005 by and between JOSEPH W. REED and MARGARET A. REED, husband and wife, Grantors, and the COUNTY OF ALBEMARLE, VIRGINIA, Grantee. WITNESSETH: That for and in consideration ofTEN DOLLARS ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby GRANT, CONVEY, and DEDICATE to public use with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantee, its successors and assigns, a perpetual exclusive easement over certain property described as follows: New Permanent Access and Maintenance Easement Hereby Dedicated to Public Use, 336 s.f., as shown on plat of Thomas B. Lincoln Land Surveyor Inc. dated August 8, 2005, revised September 14,2005, a copy of which is attached hereto to be recorded with this deed (the "Plat"). Reference is made to the Plat for a more particular description of the land conveyed herein. The interest in property conveyed herein is a portion of that certain lot or parcel ofland with the improvements thereon situated in Albemarle County, Virginia and containing .291 acres, and more particularly identified as "Well Lot" and a strip of land 21.74 feet in width which runs in a westerly direction from said "Well Lot" to Key West Drive, in Block D, Section One of Key West subdivision, as shown and described on a plat captioned "Subdivision Plat Section One, Sheet Two of Three Revised, 'Key West'" prepared by A. R. Sweet and Associates, dated January 8, 1960, of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 361, page 175. Prepared by Albemarle County Attorney's Office Tax Map Parcel 62BI-D-4A The easement provided for herein shall include the right of the Grantee, its successors and assigns, to construct, install, maintain, repair, change, alter, and replace dam outfall structures within the easement conveyed herein, as shown on the Plat. The easement provided for herein shall also include the right of the Grantee, its successors and assigns, to cut any trees, brush and shrubbery, remove obstructions, and take other similar action reasonably necessary to provide adequate facilities within the easement conveyed hereby. The Grantee, its successors and assigns, for the purpose of inspecting, maintaining and operating its facilities within the easement conveyed herein shall have the right and easement of ingress and egress over any lands of the Grantor adjacent to the easement described herein between any public or private roads and the described easement. The Grantee, its successors and assigns, shall repair or replace only ground cover now within the easement conveyed herein which may be disturbed, damaged or removed as a result of the construction of any of the Grantee's facilities, shall remove all trash and other debris of construction or repair from the easement, and shall restore the surface thereof to its original condition as nearly as reasonably possible, all subject, however, to the exception that the Grantee shall not be so obligated when it would be inconsistent with the proper operation, maintenance or use of its facilities within the easement conveyed herein. The Grantee specifically reserves the right to assign this easement as its interests may require. The Grantee, acting by and through its County Executive, duly authorized by resolution of the Board of Supervisors of Albemarle County, does hereby accept the conveyance of the interest in real estate made by this deed. 2 WITNESS the following signatures. j:~~D ~~ GRANTOR: GRANTOR: ~\2~) MAR A A. D GRANTEE: ROBERT W. TUCKER, JR. COUNTY EXECUTIVE Approved as to form: County Attorney COMMONWEAL TH OF VIRGINIA CITY/COUNTY OF t.h<M.\c\-U.c\l\ \ U- The foregoing instrument was acknowledged before me this ~ day of Dt.~t)~ ,2005 by Joseph W. Reed, Grantor. My Commission Expires: ~ \3\ \t>u \)~Q.. \{\. ~\-\~ un Notary Public COMMONWEAL TH OF VIRGINIA CITY/COUNTY OF o...CM.\t)~\i' \ \..L The foregoing D~~n~ instrument was acknowledged before me this ~ day of ,2005 by Margaret A. Reed, Grantor. \)~o... '{'(\. S~~~ Notary Public My Commission Expires: ~\'&\ \DlP 3 COMMONWEAL TH OF VIRGINIA CITY/COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2005 by Robert W. Tucker, Jr., on behalf of the County of Albemarle, Virginia, Grantee. Notary Public My Commission Expires: 4 Attachment A - 4 DEED OF EASEMENT THIS DEED OF EASEMENT made this ~luay of nc ~obt" <' , 2005 by and between ROBERT F. BOSSI and FRANCENE M. BOSSI, husband and wife, Grantors, and the COUNTY OF ALBEMARLE, VIRGINIA, Grantee. WITNESSETH: That for and in consideration ofTEN DOLLARS ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby GRANT, CONVEY, and DEDICATE to public use with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantee, its successors and assigns, a perpetual exclusive easement over certain property described as follows: New Permanent Access and Maintenance Easement Hereby Dedicated to Public Use, 143 s.f., as shown on plat of Thomas B. Lincoln Land Surveyor Inc. dated August 8, 2005, a copy of which is attached hereto to be recorded with this deed (the "Plat"). Reference is made to the Plat for a more particular description of the land conveyed herein. The interest in property conveyed herein is a portion of that certain lot or parcel ofland with the improvements thereon, situated in Albemarle County, Virginia, in the subdivision known as Key West, shown and described as Lot 3 (revised), Block E, Section One, Key West on a plat prepared by Thomas D. Blue, Civil Engineer and Land Surveyor dated September 7, 1971, revised June 30, 1977 and March 9, 1978, attached to a deed of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 646, page 48; less and except Parcel X, containing 0.118 acre, more or less, as shown on that certain "Plat of Lot 3 being added to and combined with Lot 2, Key West" of record in said Clerk's Office in Deed Book 1102, page 709. Prepared by Albemarle County Attorney's Office Tax Map Parcel 62BI-E-3 The easement provided for herein shall include the right of the Grantee, its successors and assigns, to construct, install, maintain, repair, change, alter, and replace dam outfall structures within the easement conveyed herein, as shown on the Plat. The easement provided for herein shall also include the right of the Grantee, its successors and assigns, to cut any trees, brush and shrubbery, remove obstructions, and take other similar action reasonably necessary to provide adequate facilities within the easement conveyed hereby. The Grantee, its successors and assigns, for the purpose of inspecting, maintaining and operating its facilities within the easement conveyed herein shall have the right and easement of ingress and egress over any lands of the Grantor adjacent to the easement described herein between any public or private roads and the described easement. The Grantee, its successors and assigns, shall repair or replace only ground cover now within the easement conveyed herein which may be disturbed, damaged or removed as a result of the construction of any of the Grantee's facilities, shall remove all trash and other debris of construction or repair from the easement, and shall restore the surface thereof to its original condition as nearly as reasonably possible, all subject, however, to the exception that the Grantee shall not be so obligated when it would be inconsistent with the proper operation, maintenance or use of its facilities within the easement conveyed herein. The Grantee specifically reserves the right to assign this easement as its interests may require. The Grantee, acting by and through its County Executive, duly authorized by resolution of the Board of Supervisors of Albemarle County, does hereby accept the conveyance of the interest in real estate made by this deed. WITNESS the following signatures. 2 GRANTOR: t~~d~- ROBERT F. BOSSI d~~~ / FRANCENE M. BOSSI GRANTOR: GRANTEE: ROBERT W. TUCKER, JR. COUNTY EXECUTIVE Approved as to form: County Attorney COMMONWEAL TH OF VIRGINIA QI-H/COUNTY OF i?t \ be <V\ (":' , Ie... The foregoing instrument was acknowledged before me this ~~ day of (''') ( +c\->€ ("" ,2005 by Robert F. Bossi, Grantor. My Commission Expires: iY\ o....c\-\ /7 / -2e;;i /t')/ ~;-c.f ,0. (k fl.L- ot: Notary Public 3\ ..:J S- f COMMONWEAL TH OF VIRGINIA EITYiCOlJ,NTY OF A \ b< 'lY\(",' rl e The foregoing instrument was acknowledged before me this -1i1-., day of G' c..-r c b {" .( , 2005 by Francene M. Bossi, Grantor. ./") / / . ~nr?lC(/) .I/t"~. ( Notary Public My Commission Expires: 1'YI ~\ c h .3 l :;{ coY 3 COMMONWEAL TH OF VIRGINIA CITY/COUNTY OF The foregoing instrument was acknowledged before me this _ day of ,2005 by Robert W. Tucker, Jr., on behalf of the County of Albemarle, Virginia, Grantee. Notary Public My Commission Expires: 4 Attachment A - 5 DEED OF EASEMENT TillS DEED OF EASEMENT made this 1'-+4. day of Oc-t-o he-v , 2005 by and between KEY WEST CLUB I, Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, Grantee. WITNESSETH: That for and in consideration ofTEN DOLLARS ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby GRANT, CONVEY, and DEDICATE to public use with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantee, its successors and assigns, a perpetual exclusive easement over certain property described as follows: New Permanent Access and Maintenance Easement Hereby Dedicated to Public Use, 29,317 s.f., as shown on plat of Thomas B. Lincoln Land Surveyor Inc. dated August 8, 2005, a copy of which is attached hereto to be recorded with this deed (the "Plat"). Reference is made to the Plat for a more particular description of the land conveyed herein. The interest in property conveyed herein is a portion of those certain lots or parcels of land situated in Albemarle County, Virginia and containing in the aggregate 40.982 acres, more or less, comprised of a tract or parcel containing 40.4 acres, more or less, of which 9.22 acres, more or less, is within the bounds of the Rivanna River, situated in the Key West subdivision, designated as Tract Bon plat showing division of Key West Tracts A and B, prepared by A. R. Sweet and Associates, C.L.S., dated September 1959, of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 352, pages 511, on which plat said land is further described by metes and bounds; a parcel of land containing 0.488 acre described as Parcel Yon a plat of Thomas B. Lincoln, Land Surveyor, dated April 3, 1980, of record in said Clerk's Office in Deed Book 692, page 453; and a parcel containing 0.094 acre, more or less, shown and described as Parcel A on a plat prepared by Thomas B. Lincoln Land Prepared by Albemarle County Attorney's Office Tax Map Parcel 6281-1 Surveyor, Inc., dated July 14,2003 and recorded in said Clerk's Office in Deed Book 2546, pages 621 through 622. The easement provided for herein shall include the right of the Grantee, its successors and assigns, to construct, install, maintain, repair, change, alter, and replace dam outfall structures within the easement conveyed herein, as shown on the Plat. The easement provided for herein shall also include the right of the Grantee, its successors and assigns, to cut any trees, brush and shrubbery, remove obstructions, and take other similar action reasonably necessary to provide adequate facilities within the easement conveyed hereby. The Grantee, its successors and assigns, for the purpose of inspecting, maintaining and operating its facilities within the easement conveyed herein shall have the right and easement of ingress and egress over any lands of the Grantor adjacent to the easement described herein between any public or private roads and the described easement. The Grantee, its successors and assigns, shall repair or replace only ground cover now within the easement conveyed herein which may be disturbed, damaged or removed as a result ofthe construction of any of the Grantee's facilities, shall remove all trash and other debris of construction or repair from the easement, and shall restore the surface thereof to its original condition as nearly as reasonably possible, all subject, however, to the exception that the Grantee shall not be so obligated when it would be inconsistent with the proper operation, maintenance or use of its facilities within the easement conveyed herein. The Grantee specifically reserves the right to assign this easement as its interests may require. The Grantee, acting by and through its County Executive, duly authorized by resolution of the Board of Supervisors of Albemarle County, does hereby accept the conveyance of the interest in real estate made by this deed. 2 WITNESS the following signatures. GRANTOR: KEY WEST CLUB I ~~::~~ GRANTEE: ROBERT W. TUCKER, JR. COUNTY EXECUTIVE Approved as to form: County Attorney COMMONWEALTH OF VIRGINIA CITY/COUNTY OF A-I bc.mo..rI-e- The foregoing IDe.. -tobey West Club I, Grantor. instrument was acknowledged ,2005by tA--l-hu.tne C.xo'S6~ before me this ~ day of as the authorized representative of Key My Commission Expires: 5131108 r J. jlt kH\.1tt~ 1.t1u ) ~o 1.:2 Notary Public :' COMMONWEAL TH OF VIRGINIA CITY/COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2005 by Robert W. Tucker, Jr., on behalf of the County of Albemarle, Virginia, Grantee. Notary Public My Commission Expires: 3 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Endorsement to Operate as an Advanced Life Support (ALS) EMS Agency AGENDA DATE: November 9, 2005 ACTION: INFORMATION: SU BJ ECT /PROPOSALlREQUEST: Resolution by the Board of Supervisors for the Seminole Trail Fire Department to Operate as an Advanced Life Support EMS Agency in Albemarle County CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: No ..-------- REVIEWED BY: 1 ---.- / .---- ,./,}.to ( / / ..--- STAFF CONTACT(S): Tucker, Foley, Trank, Eggleston LEGAL REVIEW: Yes BACKGROUND: The Seminole Trail Fire Department currently provides Basic Life Support (BLS) Emergency Medical Service (EMS) response within the department's coverage area. Seminole Trail VFD is licensed to provide BLS care by the Virginia Office of EMS. During the weekday hours when Albemarle County Fire Rescue personnel are supplementing the staffing at the Seminole station, Advanced Life Support (ALS) response is provided, as the County Fire Rescue Department is licensed by the State of Virginia to provide this level of patient care. The Seminole Trail VFD currently has on the station's roster several members certified to provide ALS care. The department is currently seeking to upgrade its EMS license from BLS Non-Transport to ALS Transport. This upgrade will allow the volunteer members with ALS certification to provide care at the ALS level. STRATEGIC PLAN: Goal 3.1: Make the county a safe and healthy community in which citizens feel secure to live, work and play. Goal 4.1: Provided effective, responsive and courteous service to our customers. DISCUSSION: Advanced Life Support (ALS) emergency medical care includes establishing intravenous access, administration of medications for breathing emergencies, cardiac emergencies, allergic reactions and pain control in the out of hospital environment. To provide this level of care, an EMS agency must be licensed as an ALS Agency by the Virginia Office of EMS. The Seminole Trail VFD is seeking to upgrade their current EMS License from BLS Non-Transport to ALS Transport. The Charlottesville-Albemarle Rescue Squad (CARS) currently has an ambulance stationed at the CARS station next door to the Seminole Trail Fire station. By upgrading to a transport level license, the Seminole Trail Fire Department will be better positioned to assist CARS in staffing this ambulance. There is currently a Memorandum of Understanding being developed between CARS and Seminole Trail to address this cross-staffing. There are multiple advantages to the citizens and visitors to Albemarle County if the Seminole Trail Fire Department upgrades their EMS license. These advantages include: 1. Increased availability of Advanced Life Support EMS Services along the 29 North corridor. 2. Increased availability of a staffed ambulance for the EMS system. 3. Increased opportunities for individuals with advanced emergency medical skills to utilize and maintain their patient care skills. 4. An increase in the level of EMS service to the citizens of Albemarle County. BUDGET IMPACT: There is no impact to the budget. The required equipment for providing Advanced Life Support is currently in stock at the Seminole Trail Fire Department. RECOMMENDATIONS: Staff recommends the Board endorse the upgrade of the Seminole Trail Fire Department's EMS License from BLS to ALS Transport. 05.150 POLICY SUBMISSION OF MATERIALS FOR ZONING APPLICATIONS It is the Board's preference that a public hearing should not be advertised until all of the final materials for a zoning application have been received by the County and are available for public review. To achieve this preference, applicants should provide final plans, final codes of development, final signed proffers, and any other documents deemed necessary by the Director of Community Development, to the County no later than two days prior to the County's deadline for submitting the public hearing advertisement to the newspaper. Staff will advise applicants of this date by including it in annual schedules for applications and by providing each applicant a minimum of two weeks advance notice of the deadline. If the applicant does not submit the required materials by this date, the public hearing shall not be advertised unless the applicant demonstrates to the satisfaction of the Director of Community Development that good cause exists for the public hearing to be advertised. If not advertised, a new public hearing date will be scheduled. If the public hearing is held without final materials being available for review throughout the advertisement period due to a late submittal of documents, or because substantial revisions or amendments are made to the submitted materials after the public hearing has been advertised, it will be the policy of the Board to either defer action and schedule a second public hearing that provides this opportunity to the public or to deny the application, unless the Board finds that the deferral would not be in the public interest or not forward the purposes of this policy. This policv is not intended to prevent chanQes made in proffers at the public hearinQ resultinQ from comments received from the public or from Board members at the public hearinQ. This Zoning Policy will be included in the Board's Rules of Procedure for adoption each year, so that the policy can be re-examined annually. (Adopted Date) . . . POLICY SUBMISSION OF MATERIALS FOR ZONING APPLICATIONS It is the Board's preference that a public hearing should not be advertised until all of the final materials for a zoning application have been received by the County and are available for public review. To achieve this preference, applicants should provide final plans, final codes of development, final signed proffers, and any other documents deemed necessary by the Director of Community Development, to the County no later than two days prior to the County's deadline for submitting the public hearing advertisement to the newspaper. Staff will advise applicants of this date by including it in annual schedules for applications and by providing each applicant a minimum of two weeks advance notice of the deadline. If the applicant does not submit the required materials by this date, the public hearing shall not be advertised unless the applicant demonstrates to the satisfaction of the Director of Community Development that good cause exists for the public hearing to be advertised. If not advertised, a new public hearing date will be scheduled. If the public hearing is held without final materials being available for review throughout the advertisement period due to a late submittal of documents, or because substantial revisions or amendments are made to the submitted materials after the public hearing has been advertised, it will be the policy of the Board to either defer action and schedule a second public hearing that provides this opportunity to the public or to deny the application, unless the Board finds that the deferral would not be in the public interest or not forward the purposes of this policy. This policy is not intended to prevent chanQes made in proffers at the public hearinQ resultinQ from comments received from the public or from Board members at the public hearinQ. This Zoning Policy will be included in the Board's Rules of Procedure for adoption each year, so that the policy can be re-examined annually. (Adopted Date) COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Annual Real Estate Reassessment Ordinance AGENDA DATE: November 9,2005 ACTION: X INFORMATION: SU BJ ECT/PROPOSALlREQU EST: Ordinance to amend County Code to establish an annual reassessment of real property CONSENT AGENDA: ACTION: IN FORMATION: STAFF CONTACT(S): Messrs. Tucker, Davis, Herrick, Wiggans, Woodzell; Ms. White ATTACHMENTS: Yes / / LEGAL REVIEW: Yes REVIEWED BY: / /.//// ... / if I I jAUl / / / BACKGROUND: At its July 6, 2005 meeting, the Board discussed the merits of changing the County's real property reassessment schedule from a biennial to an annual assessment. The Board directed staff to prepare an ordinance for the Board's consideration and to advertise a public hearing. STRATEGIC PLAN: 4.2 Fund County services in a fair, efficient manner and provide needed County public facilities and infrastructure. DISCUSSION: Virginia Code S 58.1-3253(B) authorizes the county to adopt an ordinance providing for the annual assessment of real estate for local taxation. The attached ordinance amends Albemarle County Code SS 15-1000 and 15-1002 to implement an annual reassessment. The ordinance provides that effective January 1, 2007, the Office of Real Estate Assessments would annually conduct a new assessment of all real property in the County for taxation purposes. To accommodate the compressed schedule for an annual assessment process, the deadline for appeals to the Board of Equalization is moved from the end of March to March 15th. All other aspects of the appeal process are unchanged. The first annual reassessment would be for tax year 2007 effective January 1,2007. Executive summaries previously considered by the Board on December 3, 2003 and July 6, 2005 are attached for background information. BUDGET IMPACT: See prior executive summaries RECOMMENDATIONS: At the conclusion of the public hearing, if the Board of Supervisors supports a move to annual reassessment, staff recommends adoption of the attached ordinance to establish an annual reassessment of real property effective January 1, 2007. ATTACHMENTS: A - Draft ordinance B - Executive summary from 12/3/03 Board meeting C - Executive summary from 7/6/05 Board meeting 05.148 ORDINANCE NO. 05-15(3) AN ORDINANCE TO AMEND CHAPTER 15, TAXATION, ARTICLE X, REAL ESTATE -IN GENERAL, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 15, Taxation, Article X, Real Estate - In General, is hereby amended and reordained as follows: By Amending: Sec. 15-1000 Biennial assessment of real estate. Sec. 15-1002 Time limits for appeals of real estate assessments. CHAPTER 15. TAXATION ARTICLE X. REAL ESTATE -IN GENERAL Sec. 15-1000 Annual assessment of real estate. A. All real estate in the county shall be assessed annually for purposes of taxation by the director of finance of the county as of January 1 of each year. B. The office of real estate assessments of the county shall annually conduct a new reassessment of all real property to be applicable for the tax year beginning January 1, 2007, and every tax year thereafter. C. All assessments of real estate in the county shall be made at one hundred percent (100%) of fair market value. (~ 8-1.1, 11-3-76; Ord. of 2-5-92; Code 1988, ~ 8-64; Ord. 98-A(1), 8-5-98) State law reference--Authority to impose tax generally, Constitution of Virginia, Article X, Section 4; Va. Code ~~ 58.1- 3200 et seq.; Biennial reassessment methods, Va. Code ~ 58.1-3253; amount of assessment, Constitution of Virginia, Article X, Section 2, Va. Code ~ 58.1-3201. Sec. 15-1002 Time limits for appeals of real estate assessments. A. Pursuant to the provisions of Virginia Code ~ 58.1-3330, all applications for appeals from any annual assessment of real estate must be made by the property owner or lessee to the county assessor by the last business day of February of the year in which the assessment takes effect. A property owner or lessee may also appeal any annual assessment by making an application directly to the board of equalization by March 15 of the year in which the assessment takes effect, or if an appeal has been made to the county assessor within thirty (30) days from the date of the decision of the county assessor, denying an appeal for such assessment, whichever date is later. B. Applications for appeals from any supplemental assessment or pro rata assessment for new construction assessed between January 1 and October 31 must be made by the property owner or lessee to the county assessor within fifteen (15) days of the date of the notice of the supplemental or pro rata assessment. A property owner or lessee may also appeal any supplemental or pro rata assessment by making an application directly to the board of equalization within thirty (30) days of the date of the notice of the supplemental or pro rata assessment, or if an appeal has been made to the county assessor within thirty (30) days from the date of the decision of the county assessor denying an appeal for such supplemental or pro rata assessment, whichever date is later. C. The board of equalization shall finally dispose of all annual assessment appeals by September 1 of the year in which the assessment takes effect and of all supplemental or pro rata assessment appeals for new construction by December 31 of the year in which the supplemental or pro rata assessment takes effect. (~8-1.7, 7-12-89; Ord. of 2-5-92; ~ 8-66, 3-4-98; Ord. 98-A(1), 8-5-98) State law reference-oVa. Code ~~ 58.1-3330, 58.1-3378. This ordinance shall be effective on and after January 1, 2007. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County by vote of six to zero, as recorded below, at a meeting held on November 9, 2005. Mr. Bowerman Mr. Boyd Mr. Dorrier Mr. Rooker Ms. Thomas Mr. Wyant Aye Nay y y y y y y . COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Cha rlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 October 28, 2005 Tim Miller Rivanna Engineering 1350 Stony Point Road Charlottesville, VA 22911 RE: SP 2004-024 Northtown Center (Sign #8) and SDP 2004-045 Northtown Center Tax Map 45, Parcels 110, 110A, 111, 111A and ll1B . Dear Mr. Miller: . The Albemarle County Planning Commission, at its meeting on October 18, 2005, unanimously approved SDP 2004-045 and unanimously recommended approval of SP 2004-024 to the Board of Supervisors. Additionally, the Commission approved your motion for Modification of Section 4.2.3 to allow activity on critical slopes on SDP 2004-024. Regardin~ SP-2004-024 (drive through associated with the bank): The Commission unanimously recommended approval of SP 2004-024 to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1. A by-pass lane, 16' minimum width shall be provided. Striping and lane widths must be shown on the final plan. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on November 9, 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. Regardin~ request for modification of Section 4.2.3 to allow activity on critical slopes: The critical slopes waiver for NOlihtown Center was approved based on the finding that the strict application of the requirements of Section 4.2. would not forward the purposes of the chapter that otherwise serve the public health, safety or welfare, or that alternatives proposed by the developer would satisfY those purposes at least to an equivalent degree, subject to the following conditions: Northtown Center Page 2 of4 October 28, 2005 . 1. In addition to all other erosion and sediment control measures that may be required by the Water Protection Ordinance, the applicant shall provide erosion and sediment control measures to assure, to the satisfaction of the Program Authority, that it is providing high levels of effectiveness in controlling sediment during construction. These measures shall include, but not be limited to: a. A construction schedule that minimizes the duration of disturbance (e.g., phasing of the erosion and sediment control plan). b. Using high efficiency sediment basins designed to include the use offlocculants. c. Matting exposed slopes as determined appropriate by the Program Authority. d. The contractor shall have a Responsible Land Disturber ("RLD"), on the site throughout the period during which the site is under construction. The "RLD" shall maintain a daily erosion and sediment control inspection log demonstrating that erosion and sediment control measures are being closely monitored and deficiencies are being quickly repaired. The "RLD" shall assure that all control measures are being maintained in optimal condition. The log shall be made available for inspection by the Program Authority at any time during regular business hours. e. If determined to be necessary by the Program Authority, the surety required by Albemarle County Code Section 17-207 shall include an amount determined by the Program Authority to be reasonably necessary to take corrective action to repair or restore downstream properties damaged during construction by runoff or sediment. 2. In addition to all other storm water management requirements that may be required by the Water Protection Ordinance: . a. The stormwater management plan shall include additional measures determined by the Program Authority to be necessary in order to capture, to the maximum extent practical, the runoff from the site, both during and after construction. b. The stormwater management plan shall include measures to prevent, to the fullest extent possible, damaging conditions to downstream properties and receiving waterways from occurring as a result of the development of the site, both during and after construction. c. In order to allow the Program Authority to develop appropriate measures to satisfY paragraphs (a) and (b) ofthis condition, the applicant shall submit data demonstrating the peak flow of runoff from the site and the peak flow of runoff coming onto the site. [Albemarle County Codes Sections 17-31, 17-314(D)] 3. In the plan during construction the sequence of the storm water management addresses the switching over of the stream flow, if any; 4. In conjunction with the final site plan, sufficient landscaping and screening shall be provided to screen adjacent residential properties from areas of disturbed critical slopes; and 5. All of the other conditions recommended by staff. Regarding SDP-2004-045: The Commission, by a 5:1 vote, approved SDP-2004-045 with the following conditions recommended in the staffreport; based on the other actions just taken and an additional condition that the final site plan . . Northtown Center Page 3 of4 October 28, 2005 come back for Planning Commission review. The approval of the preliminary site plan is valid for (I) one year in accordance with Zoning Ordinance Section 32.4.3.1. Therefore, the preliminary approval shall expire October 18, 2005. If the preliminary site plan approval expires, a new application must be filed and processed. Please address all of the requirements and conditions listed below and submit eight (8) tentative plan copies to the Community Development Department. This letter must be submitted with the tentative plans, as a checklist, to document that YOLl have addressed all requirements or conditions, or the tentative plan '\"1,;11 ho rlo.,.,iorl 1IYIII U'"" U"-'.1J~U. The Erosion and Sediment Control Plan and the BMP Storm water Management Plan, with the associated applications and fees, may also be submitted with the eight (8) tentative Plans. Failure to do so will result in a separate application to be filed with the County at a later date. After the initial tentative plan submittal, each department/agency will contact you to discuss any remaining conditions. After all aforementioned department/agencies have granted a tentative approval, YOLl may submit the final mylars (2 sets), one blueprint copy, final site plan application, final site plan fee, and a copy of all written tentative approvals to the Community Development Department for signature. The final site plan will be subject to all final site plan requirements (Zoning Ordinance Section 32.6), in addition to the following conditions. . The Planning Department shall not accept submittal ofthe final site plan for signature until tentative approvals for the following conditions have been obtained. The final site plan shall not be signed until the following conditions are met: . 1. Architectural Review Board issuance of a Certificate of Appropriateness. 2. Virginia Department of Transportation approval of entrance design, signal improvements, frontage and turn lane improvements as well as any associated road plans and drainage plans. 3. Albemarle County Service Authority approval including approval of the design of the relocated sanitary sewer meeting ACSA standards with no portion located within stonn water management facilities. 4. Current Development Division approval of: a. Minimum sight distances within parking areas/travelways. b. Design/location of curbed islands in the parking lot. c. Stormwater BMP plans and calculations. d. Stream Valley design which is acceptable to the Architectural Review Board. Based on the plan reviewed by the Architectural Review Board at its meeting on October 3, 2005 and included as Attachment A marked WDF, 10/09/2005. e. Approval of revised parking calculations to account for any parking lost by condition d, to include if necessary, a reduction in building space. f. Retaining wall designs for any walls of 4 feet or greater. g. Landscape plan, to include a conservation plan for all trees proposed to remain. h. Lighting plan. I. Subdivision plat combining the parcels into a single parcel or realignment of existing parcel boundaries to result in lots meeting minimum requirements for building constructi on. J. Necessary access, utility easements. Northtown Center Page 4 of 4 October 28, 2005 k. The 18' retaining wall on the northern side of the site cannot disturb the undisturbed buffer for a footing or reinforcing grid. The plan must be revised as necessary, or provide computations, details and construction methods to avoid disturbance ofthe buffer. 1. Grading to the edge of the undisturbed wooded buffer on the sides of the site will likely cut tree root systems, damaging and eventually killing trees. On final plans, the grading should be moved back, or specific trees surveyed and marked on plans to ensure survivability of trees within the undisturbed buffer. 5. Fire Marshall approval. 6. Building Official approval. 7. The final site plan shall be subject to Planning Commission review. . 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, '1I/1/- William D. Fritz, AICP Chief of Current Development WDF/aer . Cc: First Gold Leaf Land Trust, M Clifton McClure Etal Trustees POBox 1333 Charlottesville, VA 22902 Ella Carey Amelia McCulley Jack Kelsey Steve Allshouse . . STAFF PERSONS: PLANNING COMMISSION: (Site Plan and Special Use Permit) William D. Fritz, AICP and Glenn Brooks, P.E. October 18, 2005 BOARD OF SUPERVISORS: (Special Use Permit only) November 9, 2005 SDP 04-45 and SP 04-24Northtown Center Applicant: First Gold Leaf Land Trust Owner: Parcels 110, 111, 111 A and 111 B - First Gold Leaf Land Trust, Parcel 11 OA - River Heights Associates Limited Partnership Applicant's Proposal: This application requires 3 separate actions by the Planning Commission. The 3 separate actions are for the following items: 1) SP 04 - 24: A drive thru for a bank 2) SDP 04 - 45 Northtown Center Preliminary Site Plan (The site plan has been appealed to the Planning Commission by an abutting owner. Therefore, the Planning Commission must take action on the site plan.) 3) Modification of Section 4.2.3 to allow activity on critical slopes. . The Board of Supervisors will need to take action only on the special use permit. SP 04 - 24 A drive thru for a bank Petitions: SDP 04 - 45 Request for preliminary site plan approval to allow the construction of a 199,800 gross square foot retail development. The property is described as Tax Map 45, Parcels 110, 11 OA, 111, 111 A and 111 B. The subject parcel contains approximately 15.9 acres, zoned H-C (Highway Commercial) and EC (Entrance Corridor), and AlA (Airport Impact Area Overlay). This site is located on the east side of Seminole Trail (US Route 29 N.) immediately opposite Lowes and Kegler's. A Special Use Permit is also under review for this project, SP 2004-24 (Drive thru for bank). This site is located in the Rio Magisterial District and is designated as Community Service in Neighborhood 2. SP 04 - 24 Request for special use permit approval, in accordance with Section 24.2.2(13) for a drive thru window for a bank Character ofthe Area: The area surrounding the property is residential (Carrsbrook and Woodbrook subdivisions). The area to the south is commercial and large scale commercial development is located across Route 29 from the site. . RECOMMENDATION: Staff has reviewed the proposal for conformity with the Comprehensive Plan and 1 the Zoning Ordinance and makes the following recommendations for the special use permit: SP 04 - 24 A drive thru for a bank - Approval with conditions. Staff has reviewed the proposed modification of Section 4.2 to allow activity on critical slopes and recommends approval of the modification request. . Staff has reviewed the site plan for compliance with the provisions of the Zoning Ordinance and recommends approval (with conditions). Plannin2 and Zonin2 Historv: The history of the parcel is as follows: 1980 - Comprehensive Countywide Rezoning - The zoning designation of the property was changed from B-1, Business to its current designation ofHC, Highway Commercial. 1988 - Application was made for a preliminary site plan to allow the construction of an automobile dealership (SOP 88-54 Medlin Lincoln Mercury). This application was deferred indefinitely at the applicant's request after the site review meeting. 1990 - Application was made for a gas station (SDP 90-64 Heischman 29 North Mobile Station). This application was withdrawn prior to any action to approve or deny the site plan. 1991 - Application was made for a special use permit and site plan to allow an automobile dealership (SP 91-57 First Gold Leaf Land Trust and SDP 91-102 Carrsbrook Auto Preliminary Site Plan). At its meeting on December 9,1992 the Board of Supervisors denied the special use permit for outdoor storage and display in the Entrance Corridor. The site plan was denied as a result of the denial of the special use permit. . 1994 - Application was made for an 111,464 square foot retail center (SDP 94-006 Carrsbrook Retail Center Preliminary Site Plan). This plan was approved by the Planning Commission on July 19, 1994. This included an approval for activity on critical slopes and other modifications. The Planning Commission action was appealed to the Board of Supervisors. The Board reaffirmed the Commission's action at its meeting on August 3, 1994. The applicant did not submit the necessary final site plans as required by the Ordinance and the approval of the preliminary plan expired. 2000 - Application was made for a 151,785 square foot retail center (SDP 00-81 North Town Center). This application was withdrawn by the applicant prior to any action. 2000 - Application was made for a 130,184 square foot retail store (SDP 00-119 Home Depot at North Town Center Preliminary Site Plan). This application was denied by the Planning Commission at its meeting on November 28, 2000. This included a denial of a modification for activity on critical slopes and other modifications (reduction in number ofloading spaces, buffer disturbance). The Commission's action was appealed to the Board of Supervisors. The Board reaffirmed the Commission's action at its meeting on February 7, 2001. 2004/2005 - Applications were made for a 158,910 square foot development [this was the initial size ofthe Northtown Center plan which is currently under review]. The plan was reviewed by Planning Commission 2 . . on January 18,2005 and deferred to February 22,2005. At its meeting on February 22,2005 the applicant requested deferral. Subsequently the applicant submitted the current plan for review. STAFF COMMENT ON THE SPECIAL USE PERMIT APPLICATIONS: Comprehensive Plan and The Neie.hborhood Model: Requests for special use permits in the Development Areas are assessed for conformity with the Neighborhood Model and the Land Use Plan. The following analysis pertains only to the special use permit for the drive thru. The Land Use Plan shows this area as Community Service which calls for a scale and type of development similar to that proposed by the applicant. The analysis ofthe proposed project in relation to the twelve principles for development in accordance with the Neighborhood Model are provided below: Pedestrian Orientation - This plan provides for pedestrian connections to the existing sidewalk along Route 29. Pedestrian connection to the residential development adjacent to this site is not practical due to terrain and the location of houses. The location of the houses and lack of any open space inside of the existing adjacent subdivisions does not allow for access from this site to any existing public areas. Neighborhood Friendly Streets and Paths - This development does not propose new streets or paths. . Interconnected Streets and Transportation Networks - The plan allows for the potential connection to an adjacent undeveloped property to the north. Staff and the applicant considered and pursued the possibility of connection to the existing commercial development to the south. This connection was abandoned due to the layout and design of the existing travel ways on the properties south of this development. The layout and design of the existing travel ways would not have provided for reasonably direct or desirable access. The provision of a connection to the south was dropped due to opposition by the residents of the Woodbrook Subdivision. Parks and Open Space - No parks or public open space are proposed. Undisturbed and landscaped areas as required by the ordinance are shown. Neighborhood Centers - This development is only for commercial activity. The development will provide additional shopping but does not provide for a neighborhood center as defined by the Neighborhood Model. Buildings and Spaces of Human Scale - The Architectural Review Board reviewed the plans for this project in October 2005. The comments of that meeting are included as Attachment D. Based on the comments of the ARB, staff finds that this development meets this standard of the Neighborhood Model. Relegated Parking - This provision is difficult to achieve on this property. The site is surrounded by residential development and has significant areas of critical slopes. Staff has stressed the need to preserve critical slopes on this site to the extent practical. Placing the buildings along Route 29 is limited to a degree by the location of a storm water basin installed by VDOT. An easement to the benefit of VDOT located . 3 adjacent to Route 29. Mixture of Uses - This site is zoned commercially and all proposed uses are commercial. The applicant could apply for a special use permit for residential development which could provide a mixture of uses. Staff notes that no review has occurred to determine the appropriateness of using this site for residential development. . Mixture of Housing Types and Affordability - No residential development is proposed. Therefore, this provision is not applicable. Redevelopment - No development currently exists on this site. Site Planning that Respects Terrain - This development proposes substantial grading and makes extensive use of retaining walls. The property is divided north and south by a stream valley. Development of the two sides of the stream valley requires extensive grading for access purposes. More detailed comments on the impact on the stream valley are found later in this report in the discussion of the critical slopes modification. Clear Boundaries with the Rural Areas - This provision is not applicable as this property is located entirely within the Development Area. En2ineerin2 Analvsis: The County's Engineering staff has reviewed this request for engineering issues related to health, safety, and welfare requirements. The Engineering staff is able to support the location and . design of the drive thru windows, with a condition for the banle Section 31.2.4.1 of the Zoning Ordinance below requires that special use permits be assessed as follows: Will the use be of substantial detriment to adiacent property? The location of the drive thru window will not cause a substantial detriment to adjacent property. The location and design ofthe windows and travelways are such that they will have limited visibility from adjacent property. The drive thru windows distance to residential units and slope differences between this site and adjacent residential uses (the commercial drive thru sites are lower than the adjacent residential property) effectively eliminate headlight issues that can arise with drive thru windows. Will the character of the zoning district change with this use? Drive thru windows are common in this zoning district and along Route 29. Approval of this special use permit will not change the character of the district. Will the use will be in harmony with the purpose and intent of the zoning ordinance? Staff has reviewed the purpose and intent of the ordinance as contained in Sections 1.4, 1.5 and 1.6, the intent of the HC district as contained in Section 24.1, and the intent of the EC district as contained in Section 30.6.I.Generally, these requests are consistent with the ordinance. However, staff offers the following comments to address the intent of the EC district. The intent of the EC district is as follows 4 . . The entrance corridor overlay district is intended to implement the comprehensive plan goal of protecting the county's natural, scenic and historic, architectural and cultural resources including preservation of natural and scenic resources as the same may serve this purpose; to ensure a quality of development compatible with these resources through architectural control of development; to stabilize and improve property values; to protect and enhance the county's attractiveness to tourists and other visitors; to sustain and enhance the economic benefits accruing to the county from tourism; to support and stimulate complimentary development appropriate to the prominence afforded properties deemed to be of historic, architectural or cultural significance, all of the foregoing being deemed to advance and promote the public health, safety and welfare of the citizens of the county and visitors thereto. The ARB cited no objection to the bank use. (The ARB does not state support for projects by its own policy. Instead the ARB will state either that they have no objection or that they cannot support the application.) Based on the comments of the ARB, staff opinion is that this drive thru is consistent with the purpose and intent of the zoning ordinance and therefore, staff is able to recommend approval ofSP 04-24. Will the use be in harmony with the uses permitted by right in the district? By-right uses in the HC, Highway Commercial District include a wide variety of the most intensive commercial activities. Drive thru windows are common with many of the uses in the district. . Will the use comply with the additional regulations provided in Section 5.0 of this ordinance? Section 5 contains no additional regulations. Will the public health, safety and general welfare of the community be protected if the use is approved? The public health, safety, and general welfare of the community is protected through the special use permit process which assures that uses approved by special use permit are appropriate in the location requested. The two issues which typically arise in the review of drive thru windows are: 1. Traffic impacts on and off site; 2. Visibility of the site from an entrance corridor. The property has direct access to a signalized intersection which in the opinion of staff will be adequate to accommodate the expected traffic volumes. The on-site circulation is adequate for the proposed drive thru windows. VDOT has provided the following comments: ~ Intersection analysis needs to be conducted to determine both internal and external turn lane lengths; ~ Signal time plan will be required; ~ Full frontage (additional lane) improvements are required; ~ Entrance and improvements needed to be designed in accordance with the current design manual and the Minimum Entrance to State Highway Standards; ~ Plans and drainage comps are required. . 5 Staff has included conditions to address these comments and believes that they will be adequately addressed. at the time of final plan without resulting in any changes to the on-site improvements beyond that which occurs for all site plans and subdivisions. [All, or nearly all, preliminary site plans and subdivision plats do not have all of the entrance details required for final approval. As part of the final review process this information is developed and shown on the site plan, subdivision plat or road plans.] SUMMARY OF STAFF REVIEW OF SP 04-24: Staff has identified the following factors which are favorable to this request: 1. The design of the drive thru window meets design criteria, with a condition for the bank. 2. The entrance with improvements will be adequate to accommodate the traffic generated by the drive thru windows Staff has identified the following factors, which are unfavorable to this request: 1. The specific design of entrance improvements is not available at this time. RECOMMENDED ACTIONS FOR SP 04-24: Staff recommends approval ofSP 04 - 24 (a drive thru for a bank) with the following conditions of approval: 1. A by-pass land, 16' minimum width shall be provided. Striping and lane widths must be shown on . the final plan. REVIEW OF THE SITE PLAN AND MODIFICATION OF SECTION 4.2.3 TO ALLOW ACTIVITY ON CRITICAL SLOPES. The site plan has been reviewed by the Site Review Committee and was found to meet the requirements of the ordinance with the approval of a modification to allow activity on critical slopes. The Site Review Committee cannot approve the site plan administratively due to an appeal of the site plan to the Planning Commission by an abutting owner. Attachment B includes all letters received from the public on this application. Staff has included all comments from the public including those submitted with the original application. The proposed development includes activity on critical slopes. Staff has reviewed this request as required by Sections, 4.2 and 4.2.5 of the ordinance (Attachment E). This review is divided into two parts, a review for impact on aesthetic resources and a review of the engineering impacts. Before this proposal may be approved, a modification to allow critical slopes disturbance is necessary. The request for a modification has been reviewed for both Engineering and Planning aspects. Review of the request by Current Development Planning Staff. 6 . . This review is focused on the criteria in Section 4.2 and the potential loss of aesthetic resources. County staff has conducted a stream assessment for the urban area and this stream is one of those identified as having value. (This stream water assessment has been conducted by staff and discussed by the Board of Supervisors but has not yet been adopted as part of the Comprehensive Plan.) Attached is information from Stephen Bowler regarding the stream assessment. The stream is designated as a Designed Urban Water Feature. Staff recognizes that this stream is located in an urban area and is designated as a Designed Urban Water Feature. Therefore, some impact on the stream and stream valley may be appropriate (this will be more fully explained in the proceeding). The Neighborhood Model Design Approaches includes "Site Planning that Respects Terrain" (page 106). For slopes of25% or greater, the Neighborhood Model states "Development on steep slopes should be considered with regard to its impacts on signifIcant systems of slopes as identified on the County's Open Space Plan and the Master Plan for the Development Area". The Open Space Plan identifies some of the critical slopes on this property but the Open Space Plan does not designate the slopes as "Major and Locally Important Stream Valleys and Adjacent Critical Slopes". The Master Plan for this neighborhood is not yet developed. The Neighborhood Model also states "Significant features identified for preservation in the Open Space Plan, as well as other environmentally sensitive areas, should be mapped during the Master Planning process". The stream assessment referenced above is the first step in the Master Planning process. While the Master Plan is not yet adopted, the zoning ordinance does not limit the sources used to identify aesthetic resources. Historically, staff has used the Open Space plan as the primary tool to identify resources. However, the Open Space plan is not the only tool. Field observation, the Open Space Plan and the comments of the Architectural Review Board have been used in determining the aesthetic resources of the site and the potential loss of aesthetic resources. . The vision of a Designed Urban Water Feature as stated by staff in the stream assessment document is: Designed Urban Water Feature: Located in areas designated for high density residential/commercial/mixed use. As an alternative to complete piping, these corridors can be managed to provide open space, pocket parks, and water features. It is assumed that these channels will require engineering intervention of one type or another (piping, channel lining, ponding). This designation can overlap with creation of ponds for stormwater management. The shoreline can feature walkways, bike paths, community facilities, and park-like settings, and buffers are managed accordingly. Tools include: coordination with storm water plans, proffers, coordination with open space requirements, landscape design. The applicant has substantially revised the plan from the original application in an attempt to address the issues identified by staff, the Planning Commission and the Architectural Review Board. The plan proposes to use portions of the stream valley for stormwater management facilities. The site has limited opportunities for the creation of active or passive recreation areas. No trail system has been proposed by the County along this stream valley. The area adjacent to Route 29 is preserved as a stonnwater facility. This facility adjacent to Route 29 affords landscaping areas. The stream area at the rear of the site is also used as a Storm water facility. This pond area also provides for screening/landscape opportunities. A prior proposal to disturb critical slopes on this property was denied by the Planning Commission, with SDP 00-119 Home Depot Preliminary Site Plan. Both the current proposal and all prior proposals showed . 7 disturbance of virtually all of the critical slopes on the site. The current proposal disturbs most of the critical slopes on the property while a portion of the critical slopes at the rear of the site, adjacent to the stormwater . basin are proposed to remain undisturbed. Prior proposals on this site received review by the Architectural Review Board that noted deficiencies in the plan. The current plan received the following comment from the Architectural Review Board at its meeting on October 3,2005: "Based on the ARB's preliminary review of the plan submitted at the meeting and dated 10-3-05 and acknowledging staff's lack of the ability to review because of the submittal timing, the ARB has no objection to the modification for activity on critical slopes because the loss of aesthetic resources, specifically the forest and ravine, are regained in the new dry stream bed bridge, limited use of retaining walls, bridges, expected abundant planting and reduction of exposed foundations with additional grading. " The plan reviewed by the Architectural Review Board has a modified design for the new stream valley in the center of the development. The revised page has been added to the site plan attached plans. Staffhas included a condition to clarifY the design of the stream valley which must be used in the final site plan. It is staff's opinion, based on the comments of the Architectural Review Board, review of the Open Space Plan and the Stream Assessment study, that the design of the project adequately protects or restores the critical slopes aesthetic value. Review of the request bv Current Development Engineering Staff. . Description of critical slope area and proposed disturbance: The revised request for a waiver to develop on areas of critical is similar to the original request and to the application made in June of 2000 for the Home Depot site. The critical slope areas are located through the middle of the site in a wooded stream valley. Reference is made to the concurrent preliminary site plan, SDP 200400045. The plan shows most ofthe critical slopes being buried under extensive fill for the buildings and parking areas. This fill is approximately 20' deep, and consists of over 100,000 cubic yards. (For reference, one dump truck is 8-10 cubic yards, and the maximum borrow area allowed in a rural area district without a special use permit is 50,000 cubic yards.) Below, each of the concerns of Zoning Ordinance section 18-4.2 is addressed: Areas Total site Critical slopes Critical slopes disturbed Acres 15.9 2.4 2.0 15% of site 85% of critical slopes Exemptions to critical slopes waivers for driveways, roads and utilities without reasonable alternative locations: There do not appear to be any exempted areas of critical slopes. . 8 . Compliance with Zoning Ordinance 18-4.2: "movement of soil and rock" Proper slope and wall construction, control of drainage, and vegetative stabilization will prevent any movement of soil. "excessive stormwater runoff' Runoffwill be controlled by the drainage plan proposed. Impervious areas and 2:1 slopes will increase drainage. "siltation" Inspection and bonding by the County will ensure siltation control during construction. Proper stabilization and maintenance will ensure long term stability. "loss of aesthetic resource" Some of this area is visible from Rt. 29, and some from the surrounding neighborhoods. It is all wooded. "septic effluent" This is not a concern as the site is serviced by public sewer. Based on the review above, there are no engineering concerns which prohibit the disturbance of the critical slopes as shown. . Summary of review of Modification of Section 4.2 Section 4.2.5, Attachment E establishes the review process and criteria for granting a modification of Section 4.2.3. The preceding comments by staff address the provisions of Section 4.2.5a. Staff has included the provisions of Section 4.2.5b here, along with staff comment on the various provisions (Staff comments are in italics.) The commission may modify or waive any requirement of section 4.2 in a particular case upon finding that: 1. Strict application of the requirements of section 4.2 would not forward the purposes of this chapter or otherwise serve the public health, safety or welfare, or that alternatives proposed by the developer would satisfy the purposes of section 4.2 to at least an equivalent degree; or Strict application of the provisions of Section 4.2 would result in a substantially lower level of development on this property which is in the Development Area. Based on the comments of the Architectural Review Board, the alternatives (design of the site including landscaping) satisfy the purposes of section 4.2 to at least an equivalent degree. . 2. Due to its unusual size, topography, shape of the property, location of the property or other unusual conditions, excluding the proprietary interest of the developer, the requirements of section 4.2 would effectively prohibit or unreasonably restrict the use of the property or would result in significant degradation of the site or adjacent proper ties. 9 Such modification or waiver shall not be detrimental to the public health, safety or welfare, to the orderly development of the area, or to adjacent properties, or be contrary to sound engineering practices; or . If the request to disturb areas of critical slopes is denied, the available area of development is greatly reduced. The location of the majority of critical slopes is primarily in the middle of the site. Large scale development of the property is not possible without disturbing critical slopes. However, development of the site could occur without disturbing critical slopes or with a modification to allow disturbance of critical slopes to a lesser extent than currently proposed. Staff has not found that approval would be detrimental to the public health, safety or welfare, to the orderly development of the area, or to adjacent properties. or be contrary to sound engineering practices. 3. Granting such modification or waiver would serve a public purpose of greater import than would be served by strict application of section 4.2. Staff is unable to identifY any clear public purpose to be served by granting this modification. Staff is only able to offer the following observations in response to this provision: 1. Granting the modification treats similarly zoned land in a similar manner. Other parcels on the Route 29 corridor have been granted modifications to allow activity on critical slopes. This analysis results in mixed findings. Factors favorable to approval of a modification to allow activity on critical slopes: 1. The proposed critical slope disturbance will not result in the adverse impacts identified in Section . 4.2 of the ordinance. 2. No identified resources identitied in the Open Space Plan or the Stream Assessment would be adversely impacted by the approval of the modification. 3. The Architectural Review Board has commented that the applicant's design adequately protects/restores the aesthetic resources of the site. Factors unfavorable to approval of a modification to allow activity on critical slopes: 1. Alternative (lesser) development of the property may be possible with no or lesser disturbance of critical slopes. Generally staff finds that this request is consistent with the criteria of Section 4.2.5a for granting a modification. Therefore, staff recommends approval by the Commission of a modification of Section 4.2.3. If the Commission makes the necessary positive findings required by Section 4.2.5b staff also recommends approval of SOP 04-045 Northtown Center Preliminary Site Plan subject to the following conditions: The County shall not accept submittal of the final site plan for signature until tentative final approvals for the following conditions have been obtained. The final site plan shall not be signed until the following conditions have been met: 1. Architectural Review Board issuance of a Certificate of Appropriateness. 2. Virginia Department of Transportation approval of entrance design, signal improvements, frontage 10 . . . . and turn lane improvements as well as any associated road plans and drainage plans. 3. Albemarle County Service Authority approval including approval ofthe design of the relocated sanitary sewer meeting ACSA standards with no portion located within stonn water management facilities. 4. Current Development Division approval of: a. Minimum sight distances within parking areas/travel ways. b. Design/location of curbed islands in the parking lot. c. Stonnwater BMP plans and calculations. d. Stream Valley design which is acceptable to the Architectural Review Board. Based on the plan reviewed by the Architectural Review Board at its meeting on October 3,2005 and included as Attachment A marked WDF, 10/09/2005. e. Approval of revised parking calculations to account for any parking lost by condition d, to include if necessary, a reduction in building space. f. Retaining wall designs for any walls of 4 feet or greater. g. Landscape plan, to include a conservation plan for all trees proposed to remain. h. Lighting plan. 1. Subdivision plat combining the parcels into a single parcel or realignment of existing parcel boundaries to result in lots meeting minimum requirements for building construction. J. Necessary access, utility easements. k. The 18' retaining wall on the northern side of the site cannot disturb the undisturbed buffer for a footing or reinforcing grid. The plan must be revised as necessary, or provide computations, details and construction methods to avoid disturbance of the buffer. 1. Grading to the edge of the undisturbed wooded buffer on the sides of the site will likely cut tree root systems, damaging and eventually killing trees. On final plans, the grading should be moved back, or specific trees surveyed and marked on plans to ensure survivability of trees within the undisturbed buffer. 5. Fire Marshall approval. 6. Building Official approval. ATTACHMENTS: A - Site Plan B - Letters from the public. C - Memo from Steve Bowler D - Draft ARB action memo from 10/3/05 E - Sections 4.2 and 4.2.5 F - Open Space Plan Maps G - Applicant's request for a modification to allow activity on critical slopes. 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"';"" ~I e ~ ~ ~ ;. ~ '" """-' ~ I I ~; , :t~~: \ .\\\. " \ """""_ \ I i ..ii ;;,', \ ---- :, i j:.:.~.....i' ~orfTi~ ,~ " .f 'if \~11~ '~I "1 I :t:t:tl',:'~~ ~ . I ~! J "I I . 1 ) I ,,~ ~ I ; I . ~ I I ' I ! I I I I I '1'1, I j, I Iii I Ii, I' 1__; f r ~ I, '); ,I: I ~ '!~I , I "t1 'I i" }!!,' I"I~!illll I ill ! ~~I Ii \(1 I h I I ~I i~ i ~ I ~ t I ! I I I Pi lJ . . ATTACHMENT A .... o ~ ~ !~~~Ol ~Co>J~ i ~:S~i;Q~ ~~~ ~ 7.t ~ <;. c:.':L c~.~ -~ -~cr;.:~ '" ,. ~~ ~ > ~? '. , .... ~ "" ~ ~<;.. C7' ~ ~~~(t..\J\ ~...a;... \~~'6~ ~ ~;~ t- .... ~ '" ~~~l""....Q..~ "", 0 ~ ~ "'-~. .. '..\-x-~'f'~-e,;l ~ ~~~ t- t .... ...~... .,.~~~ ~\..~$-_.~..~ :"'\'";.c.'\~ ~ v~~ ~ ... ...~~ ~"- ,. ~~~~~~~:~ '..-\~ ";.~ ~ '-1~~'? . ... t- ._ "0-,\.. ~t; ~~. -- ~ ~ .... ~ ~ ~~ ~\ \~,.). .,-- ~'...-\"~~6"J-b ~ ~~~ t- ~. ~"" ..?or "--.. S'OOi f7"'.s'''t?~if' qo k ci"cY ,,'''''S/] ~,~Il~JtIl:IVO~ d_'-JS: ............", ""''' "0 ~ SOo, Q~s$'~tl~, r,q i"", _ .1$'1 ~ ~ ~:~O'.;).y;:-1I04' ~-.)$',. 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Q " ~~ oi ~ s: ~; Cl:: :":", ,.,. ,~ [f > ~ i C\l ~ ~ .. ::.,~ a Cl:: vi :::J o co ~ ,~ ~ ~ ATTACHMENT A -'0 o ~ ~ co ~u e>::-' c..JC:... c..J ~c.i UZ z:;: c..Jc..J ~~ ~:,:) ~ en :> 52 < ~ <> ~ ~' ~ I ~,: I.~; ~ ~~~,."'-.';."6.. ~ ~ ~ "I S "; b _ _ ~ ~ u. ~ 0 ~ -' ~,~"" ", '" ' .. _ ~~'-j. _ ii ~ 8~ po, I ~:.~~..""''''o;.~'!i. ~ .~ I I \ ~ ~ ~... ....1$0 t. I :---("r. : I I 0,;,"" "o? <> ,j~!i'~ ii' , I . 'i. ~ > ' 8~ ~~ I L i ~ 0"' I I e>:: \ ".... '90- ,,\\ JL . 1 gJl"~~i~ j 1 I~! i i ~ 'o'U""S1,~"'fTf''''vP''''''"'''" 0,U. /' .~ ! r ,.)::: ~ /'.. _ "'=<1;:r\_I' _ --~ y {: i~.: :: ~ ~ f , ',# ~ Vi' ':- '" ',' ''': - ,= J V: :: ~ i!j 8 ,~d~lutf :,: t :iI.':,P iU~III!hl r /~~ . ~ ~l>I~ \ . \ \ I\W~~\ \ 1\ \ ~...,\ \r1'l<\rl1 \ tJYI1111 L I- ~\I j I I ~ A'-~~ '" '1 ',1,,' I" " > >;. _____./'/''. \ .. ;' ", \;". '. "1\\' \~- r1' L:-,L., . n' \1/ : I I ~ ,,' ~ ,,! 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'~. ,.'[,\,-"", '., / -J ,_~_ ! ,.'.' ,V r"'" H I,:\! ' ' , \ ' I ">, ~\~,: ~ ' , ~~:'.::;~_" Z, .-_-~~Y ~'~I ,-+-~ " " _I<:j -I~ i: : 11 C' .\J."':~ ..~. <:: ~ .~~ ,~~ ~~" '<- 0,7, : : : j, it " _ ,.s:-=.-- -'10> ~ ' .' I' ., I " ~ ,_~" ' v" ",II,; " fk-..' ' "~'" ,.,. , '1' ' ,"-; ". """ ','. j I~ /"...: ". 'l"/ w . lilo':" f tlli,'/i.;'~:.:'::'.:::..P~M . '11, ,/';. ~,U ! 1;1 kJ ~'. "" /:ptl~~ ; TT ...,-~ '0- ,...., ' ,I~'", ',1" " , 't'~ ;111] 1':".,.= ~"_ ."~ "~,,I,T ~ "" ",;,;:,: II' ,I' I~:: :,~II , ,,~ 1,1 ,!-o: J II d II" ,/~~' ~f "....:::J i / 'I 1'I'I!l, '!"" "" ~i' ; :) :j ~ ;Z ( ,1.1, r I' i I i YI I'rl I -='1 ,,~ ~: -' It : q f cl ."" " _ 1'1 'J i Y'~ "-~), ,w..' 1/ \ 1\,~~i~,~,:,,1 i IPi J1J1 ii ',,~, I>, 'l' 1 It',nu! - .! _ ~ 'f:: i i-~ / I 1 ( ~f pr~,1~-.tI-rl+ . to'~ j). .. .... I JH .,/ . -'., fl,\ i :!~I I I J . I '.' __ ^ )" X. '\ f -, '- , . . . J.I / " ~ '-, I!'~ 'I'; 1 '0-1, /7"" / ...... 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'...'...~-i.L~ 'fr...:,,~~ ~"'$.,*!::'?:.';:' C\ ~... t- '. '. ~ _'i.,g \J\~~ ~;~ ~ \ ~ \ ~\~~ c..'...~ ~~ "i- t- ......c 4.f '~ .r. ~OOI q....s <l'6~, q~ ~4'" 'J's.'] C'1,'?....q-../.1 .i"..vo.,r ~" /If:! 'JS'.-. <#/'4' "''I'" 16>9 au- .$: 900, Q"...:S' ?'e~, ~Q~&' ";;..JrS/.1 ',1'r:I'_ :do'J..yYq WO.;.o .I...,,$',," ............y "''I'" .~. ~'" Q-L. <.rfi'~~IJ' <Fq ." q "&, " ";.,-s.'] 0, ~oI~.270Q .?...v0,2' 1_.)S'~""/4' "''I'" ~'/ ~'" 6 <a,,? 0''''".5"' .rfi'~, lla ~~/i:r.:t:r/) fi'~ I'...s 'VO.,? Q'-I,,,:~<f'/N "''I'" . . . - ~ ~ ~ ~ ~ II ~ ~ ~ ~ w ~ g ~ b ~ ~ c '"" ... :;: ;z: <"C -" c:L CLl Il. 0 -" en -" <"C 2 E-< . 22 r u " c.o 0 '+- z 0 ~ ~ V v .c CIJ . ;3 ~ ~ . ( Ii ; ~ l . m m , 1 j 8 l') ~ o c:: ~ ........ 0::::' ~ C4 ~~ ~ ~ ~ :' -:!~ CI:l ~ :::s~ c:t::~ 0'-' '>I ~ ~ "" 0) ~ L C\1 ~ i:.t.l ." E-. 3 ~ en a 0:::: vi ~ !~ . u <. 1,.:-?- '< "'~4. ,~ ,'/./ :O':~/ '/'1 -, ~ "' ;,~;?,; I;"." :'~_~')tJ()1 {((/ ~Od,. 'l,.,/ ," lYfl ('\- ".'J "/J,", '''!i''l; ('[,'9/ U" Yo/II:/( ( ""11:1 I ')~'I- .,' -\" '.lI!:t 11\ I . 11\ 'I \ 1.\ , \ i i ~ I \i I II' II \,; f \ II \ "II '(1 . :' .,1: ~'! ..t'! ,/'I[ I 'I: I \ :IL ' ~ I ,\ ! ' :l! Ii, 1 " I i I \ 1\ I 1\ I III ! I II ~ i ' :1 \ : ~i .11['i:: (?~ ;:!1;1~, t"~ , ; 10\' \\' ;~nrhr-'-~ I I' f Ij 11 . ,I III' , ' ii"! I' (~! . . <j t I 'f 11 ! ~:.~\: i H II" I r ; .I.I ~ , I II II < " r I ATTACHMENT A J ~ . ~~ .~ , L, 'j..':, . ~i ~c' ~~ / g; / /.'/ - - "v/ /7 t, (,r' ,,~.. ( ,.;'.Ir. , , ,/ J" I ./. '" J/ / ~J_'~~J'_~J-'_J"".r/_':J' - j' ~/jJ'~ ", 41:"" ;[....'..... . -,~. ,J' ~. -r~, "~_ . j "-?!:, ~ // / /" ,J ~ " .' ,r. ~ ., l ~. /J " ~; rr'.F /' -: *", ' / JJ.,// /. . li.'1'1 'If I ~ ~'~ ~i ' n '. - .---.....:..... ~....~......... 4; ~. <., ~ ~ '. ~ ~ ~ -: '.! .~ ~ ~~l' 1 i u -' 0.. 0.. 0/'- .OJ r..:l", ~~ g~ ~ 0 ::lei! ~ ~ ~ ~ ~ .1 i H (A I~ ~ ~ a ~ i 3 i I u I ~ a '" '2 'Sv ... :;: z j 0... t:>:J 0... 5 <r: u . Cf) I I Q ! Z j ~ ! . . I ~ . . 0 I Z -J ,.J ... ... ..Q '" 2; >. :3 <>: ;:: 0.. ~ ;::1 r..:l Z 0 E- r..:l U Ci3 U Q) >- ~ ~ ~ 0 8 z !i: ] Si ~ < ::l 0 ~z-i" 0... 5 '" is ! o 0:: i :(j i I , , I 1: :\ l' I, ';;,\ 'T " I i: , i\,J -:-I~ I.. ::1 i\ I ! I j i \ L " ATTACHMENT A . - z o F ~ w w ~ ~ 15 ....J ~ ~9 ~r, Ofo >-~ ~~ o l!!11!JJJJJJ.Ullill!!!!H!. z ; w ; o z g ~ w, Qo u. ;:. ~~ >-~ a:..... OiLi bi~ I 0 'tC/l (') ~ o PJ ~ . \ z ~ ....J W W o fI5 ~ , -9 9r, ::::Ifo m.... ~? Q~ ~ z j 0.. . ~~ It) G z 0 ~ ....J W !z z ~ ~ ~, , g~ 119 ~~ - II ffifo .... ..... ~? ~~ Ow Ow -~ -~ ~~ ~~ C\I - ~ '" ~ cJ, .... N w a:: :::J I- U ~ w c _ t: <!j ~~ Ii :r: a:<::l.2! U ( ~~~:: a:: S ~ lilg. 3l 0( I ~ ~ ~~ ~J ~~j~ ~.....t!lirD L- a> .... c a> O~ i C~ ~~ 0'1: .....~ .r:::.o ~ o Z co o "C Q) E <( 'to- o C o +:i '" ~ l(l o 0 Co ~ L.. ~ ,Q., II) ~ '-" 0 .!. "C ~ ~ C GI c( "t CO c: > l') ..Jj~~ ~'5ab "C c: ill '" Q)Ei!~ ~~.g~ CI/llll"t =>~ti'i . ATTAIMENT A ~ L- Q) @ +-' {ll c:: ~ Cl Q) ~ z ~ () ~ ~ ~ c::'5 ~ ~~ ~ ! w O.g ~ (I)' 1-1 ~ 9 iE~ z' .r:.O .... j!:~ O~ t:: II F.... S~ -c( .. 0 I ~~ Z -c(w O;l ~~ WO WIIJ irl~ (l)1IJ C\l t') . . W M~ a: m ::J M I- ~ ~ ~ I- ~wlll-:-: i: ~~lil.i u~~;ai.... a:: I ~ l1i 'e>j <( I g~>M ~ zn.l~ ~I;~~i ~.::Cl~Oi \ j 11. . ~~ ~~ .~ i; 't co (,) "C Q) E < '0 c: o +:i ,... ~ ~ o ~ e- Si .;.. Uo IO~ 8!.. "'0 ~~ c: III -< ~ CO c> C') ..J~Gi::l G~.o "'0 c .. ,... Q)E~1 ~~.g~ C:101II~ ~~t3i - /{ :. I I i ~ Il.:/I~,; I : , (] I I i i I I I r I I I ! I I I i I I : ill.'.: i ! ! fi' I I , iui-f 1 Ir~! ! i '!.I ,t: ; : iFn jl ~ I ; : I ill ~ I' It; I I II. "~ : : ): I I ~ ~lllf1 I l",fH I kl II kl II I I I! IU I i ~i i i .~ I I II j I i I 11./' j I 'I I I I ~ I I I II i I "I I Ii i I , I I I I: II ..' I II II i I I I I lIt I l'.' I I I I:, 1 . I /, Iff' I 'j I :' ,i. I I I II I I ~. I I I II i ; ! .t I I (I I I":: ,i i : I I.,: I I I II I i I r I I I I ' I 1:, Illn'.'.l I : I I I I j : I i I I I Ii I,; I Li i i :11 'r Ii i ~ I, 1 II r I II:; I '.I I II I . I ,..' ~; i.1 Iii i t<li i ~ ,I Ijl I ~,~ I .~ J 10 I .. II, I' , I " II ~ Ii I 1.1; 1 . I I :.. ~.'. 1'..1 1.1.111 1.'. I I I .," " , ""I 1'1 I 'I i/I J, 't J,JI iI : I : i fil ."" J, I I /'llli ..j.. I I i J ,J' I I, 1,1j -".';:.l,-I~"' JI I I ~t 1 ,.. I I'" 11 I I I III . I I'll '. I II " I I IrTI",' 1,1 d ': I I.' " .1'dll,]1 : 1'1 I~II'.:.I ' 1.... . I I ' : I II ~'~i~;r;r'l J/I/ 'Q . I I' FI I r II .e:: ! It,ll ["/ i ;"(1 ~' I I t,1 In;.. I if' I "'II I I 1 :11 ~ I ,I J I III c, 1 1.:'11 I ',.Ii,> Q I J II I I~I"' ;;;; 1 I I: i! I I ill k.:1 ~ :1 ! q I,: ! i ;d/J ~ ~ I I I: I I ';1 ~ 'ilj ~ C> 11111 . I,' I 'I _~ I 1.1 I I I I '11" " I I: ~ 1 1. I II g I II :,,1 I I I ,I II ~,,! I I I :1./ I I 1 ~ : I I I (I 1 I ~ ~ ,. I I I I I I' Jl.! I I I '/'''1 I I I I I J i ~~, I I I I I \ li;~: I I I . I I ~ 'i ", I I I i I I I I ~)I ; I I I :~ I I I I 'II !" I I I . L' I I I I 1 /I :1 I I ".1,1,1 I 1'1 I 1'1 I .'i.l1.1.41~1'" ,: II I , I I, l.l I j: ,'I I I I .... j I '.':', I I I, ,.F 1 ":~ '" j i Ii " I ."''':~"....lt- j I Ii", I I ~- , '. "u'-'~rJ ,:JIITT~IW'i \# '" :? : 9/. I~ I I .f i . it 1t-lt1tl.'.j ";', , ; I ,,'" 1 I 'I i I' I I ) /\ n j ,. : I' I~' I, l , I I rill " .,,)1.. 1 I I ~ I 'I I , 'I ' : I..' :./'~. I I I '.." ! II I. III ' ',' I.' I ,~I "):,:' I I I ,r.~ '" ,", I '" 1 1 I I 'j I" ". I "I I III . t Ii 1 I ,';J I I Iii , :/ i! I I I ~!, I I , ill III! I I I ,1,." , 1 I iJ . .' ill I i {'II I I ,!I/i- ,i'I' 1 1 I I ',' I , I I.) It; "II' I I I.," ; I 1 I, I' .\ ! .:, I I I ~ I! I , I ,~, I .. I Ii ," I I ,. I I' I I liJ ATTACHMENT A ~ ~ D ~~ It' + ~ F< -;- ~ Z-; ~ .:;:'1 ~ .. ~ ~' ~ < t; " ~ ~ ~~ ~ ~ f":t:> :; .. '0 " ~ , ~ ~ ~ ~ .. ~ i! ~ ~ c, '" ~ ", g ~ " " 'i.. J, :~-~'t;,~:~ \~~~~ ~ "';\ o ~ ';:... ~~~ -S. c'~(~ \; ~;0~ ~ ~ ... o \~~:'D.i\~ <~'-,."'" 1, ~, o ~~%~:~~:~ ~\ 'J..:., '~/~ ':;.~ \$~;:\ ;i,.:. 'i. \ <f\ ",. .,.l~--;;" ~ \\ -~.;t.'~.s. , t>-:.-:~,~~~ ~ \, *"....~, \, ~ \. '~ "'~I:' ~,~~,~~;, '/Q /',::.,;,:::~I ''/.1,,, .1 iflJ.:, -,~- /6'."1 ~</ :Joo, o.J'.\~2f;'C" 1]0 c,y ,I.~I " ~;O~JI,:i ~;" ,,...,.,, Il-S,!l . ~I Ul'~/ <"" 0' (/Q 'ff ,-:'.y .1'.~ ~_ J 0,_ <!r'..y';-70(J'o':lo.:,- ,/ ,I. J_~;I'-.l' r~~,./. 0.... -.~........ -. '- -. I)"~ ,.,'- ~~i:~ .!'JI .;.>.~ (l;y',~.~(,:'~i.~ F/(I ,ij:~~~;:j~' \. \ \ \ \ \ \ \, ' --'--'-'-';r--'--:-'.-:- -./ / ,/ / ./ / ~V i~~ -: r '" ':", ,." " ~ ~ u ~;qH ~ 'l:: ~ ~ lo.i (,oj,,? et ~. . (,) 't'l D lo.i'" 0'1 I"~. ':: ~ ....; ~~~ ~ ~~ ?~ ~ ~ S' ~ ~ ~ >, '" ~ ~f;l ~ t-j h ~ '" ,." ~~~~ ~ ~ :J ~ ~ 10-, !-- ~ :~:.q~~ i;: ~ ~ ~ -- .... ;., f;Q ~ . . ~ c..' Z. _u t:l::-" ~P., f!g6 ~~ ;2[3 ~CIJ > i'2 <:>: o .... ~ P., !;; <:>: .!i- Sj r.J !3 P., ~ 8 53 u '" E ~ ] A 0 S ~ ~ ~ 1i) g; : >- Z <J ~ E z '" ~ is ~ ~ P., ~ I , I II II I f I : i~ I !~ l~ I ! !/ " . I i;;~ I I I I I I '~ I " 1'1 :/ II i II ~. .1.11 ~ : I !II .. tl U~j ~ ilj ,\~ .' Ii t, r . "' ;! u~ I ~I ' ~ il ~ w f ~ ~ <Xl a .~ :> z ,j 0.... >-- E-< :::5 >-< E-< ~ ~ o Z >-.... ~ <:t; ~ o J. ~ } I <:-.1:> o :;>" \15 0:: '" ..c [/'J '..:.o;:-~rl (j/) \n '-.),\.,. -'.," IS~-~ \) ..,'-, ' ");~ !;; ., 0) ,~ 0.J T ~ .~ "-' C) ct: i/J :......, . . . ATTACHMENT B Letter Concerning the Issue of Rights To: Members of the Planning Commission Albemarle County Date: 28 February 2005 I write this letter about the issue of rights which we bell eve to be crucially relevant to our concerns. The issue is: the property rights of the Developers versus the natural rights of Carrsbrook homeowners. The Developers have the right to build on their land what they like; but they have no right to mess up our land and/ or waters in the process. For we have (to use the expression of Thomas Jefferson) a "natural right" to the preservation of an healthy environment in our homeplace. Carrsbrook is a beautiful residential community in Albemarle: to diminish it is to diminish Charlottesville and Albemarle County. Several members of the Carrsbrook Homeowners Association have already described to you, in detail, the disastrous consequences of the proposed development: namely, the destruction of the critical slope that buffers our area from the grueling traffic of Highway 29; the pollution of our little lakes (now harboring fishlife and birdlife) and the murdering of our perpetually-flowing natural stream - as well as (unforeseen) potential health hazards for us residents and our families. The spokesmen for the Developer have publicly (and repeatedly) admitted that they cannot control 100% the environmental damage resulting from their proposed projects. They have admitted, thereby, their quasi-irresponsibility: night may come to Carrsbrook, then, even as night came to the Cumberland, as far as they care. But the ethical and legal question is: if they do not bear 100% responsibility for the ecological damage to our properties, who should bear the balance of the damage? They, of course, expect us (or Albemarle County) to bear the un\velcome burden resulting from their deed. That would be a gross injustice - allowing the motive of private gain to override the motive of the common good - an injustice that would cause Thomas Jefferson to turn in his hallowed grave. ?7 0' ATTACHMENT B You, as representatives of the people, face an historic moment then: to safeguard the natural rights of this residential community against the encroachment of a Developer Corporation; to draw the line of justice in the context of the benevolent laws of our Commonwealth; and to make them understand the ethical principle that their rights end where our rights begin. We thank you for your courage and dedication in serving the cause of justice for the people of this region. Sincerely, tMClJM Professor Dr. Ash Gobar 220 Carrsbrook Drive Charlottesville, Virginia 22901 . . . a; ATTACHMENT B . Letter Concerning the Issue of Rights To: Members of the Planning Commission Albemarle County Date: 28 February 2005 I write this letter about the issue of rights which we believe to be c1l1cially relevant to our concerns. The issue is: the property rights of the Developers versus the natural rights of Carrsbrook homeowners. The Developers have the right to build on their land what they like; but they have no right to mess up our land and/ or waters in the process. For we have (to use the expression of Thomas Jefferson) a "natural right" to the preservation of an healthy environment in our homeplace. . Carrsbrook is a beautiful residential community in Albemarle: to diminish it is to diminish Charlottesville and Albemarle County. Several members of the Carrsbrook Homeowners Association have already described to you, in detail, the disastrous consequences of the proposed development: namely, the destruction of the critical slope that buffers our area from the grueling traffic of Highway 29; the pollution of our little lakes (now harboring fishlife and birdlife) and the murdering of our perpetually-flowing natural stream - as well as (unforeseen) potential health hazards for us residents and our families. . The spokesmen for the Developer have publicly (and repeatedly) admitted that they cannot control 100% the environmental damage resulting from their proposed projects. They have admitted, thereby, their quasi-irresponsibility: night may come to Carrsbrook, then, even as night came to the Cumberland, as far as they care. But the ethical and legal question is: if they do not bear 100% responsibility for the ecological damage to our properties, who should bear the balance of the damage? They, of course, expect us (or Albemarle County) to bear the unwelcome burden resulting from their deed. That would be a gross injustice - allowing the motive of private gain to override the motive of the common good - an injustice that would cause Thomas Jefferson to turn in his hallowed grave. MAR 0 7 2005 @ ~> ATTACHMENTB You, as representatives of the people, face an historic moment then: to safeguard the natural rights of this residential community against the encroachment of a Developer Corporation; to draw the line of justice in the context of the benevolent laws of our Commonwealth; and to make them understand the ethical principle that their rights end \vhere our rights begin. We thank you for your courage and dedication in serving the cause of justice for the people of this region. Sincerely, Professor Dr. Ash Gobar 220 Carrsbrook Drive Charlottesville, Virginia 22901 . . . ciJ: /\.!.T ACHMENT B Bill Fritz Arom: ~ent: To: Subject: Lee Freudberg [Ieefreudberg@hotmail.com] Monday, January 17,20054:32 PM bfritz@albemarle.org SOP 2004-00045 Northtown Center Dear Mr. Fritz: I am a resident of the Woodbrook subdivision in Albemarle County. I am writing to reiterate my opposition (as contained in the joint statement of the Carrsbrook and Woodbrook Community Associations filed with you) to approval of the preliminary site plan for Northtown Center due to the severe environmental, topographic, health and safety, and aesthetic impacts this development would create if approved. This proposed plan would require grant of a waiver of critical slope restrictions, require highly detrimental stream diversion, and subject nearby residential property owners to intolerable light and noise pollution in violation of their right of "quiet possession" of those residential properties which pre-exist this development proposal by decades. Increased vehicular traffic density would conceivably put at risk the lives of the residents, and of schoolchildren who attend Woodbrook Elementary School, which is situated, I believe, only approximately 1000 feet from the border of the proposed development site. Tenants of the development could include, either now or in the future, businesses such as warehouse-like building materials suppliers which would stock highly flammable, toxic substances which would endanger the area's residents and students of the school, and pollute the water stream flowing through residents' wells and Virginia's rivers emptying into the Chesapeake Bay. Surely a more appropriate plan (one which would preserve the critical slopes, maintain the <<tural flow of the streams, preclude total destruction of the old-growth forest, and eserve the health and safety of the esidents) for development of this commercial site, which protrudes like an arrowhead between two residential neighborhoods, is capable of being designed. I, as well as others I am sure, in the community, have schedule conflicts with the Planning Commission Public Hearing on January 18th which prevent our presence. Please do not view any such absences as a lack of continuing opposition in the best interests of the community and Albemarle County. Thank you for your attention. Lee Freudberg 2924 Idlewood Drive Charlottesville, VA 22901 434-974-1739 . ~: ATTACHMENT B MEMORANDUM . Date: January 10,2005 To: The Albemarle County Planning Commission From: James W. and Wendy J. Craig 101 Indian Spring Road Charlottesville, VA 22901 Subject: SDP 2004-0045 Northtown Center Preliminary Site Plan As residents of a property that adjoins the site of the proposed Northtown Center, we write to express concerns about the development. It is our hope that this property can be developed in a way that will preserve the stream and wooded valley in the middle of the site. The current Northtown Center proposal appears to require covering of most of the critical slopes by extensive fill to provide a level area for the buildings and parking area. Filling in the valley or piping the stream will result in the loss of an aesthetic resource that cannot be replaced. We agree with the statement in the Site Review Committee comments of June 2004 that "The stream valley should be retained in any development of this property and incorporated into the overall design. II . A request for a waiver to develop on areas of critical slopes was made in 2000 as part of a Home Depot proposal for this site. In that instance, the Board of Supervisors denied the waiver. We again request the preservation of this natural resource. ~d/fi~ d~t~ . (jj) . . . ATTACHMENTB William D. Fritz, AICP Chief of Current Development Zoning and Current Development Division Ref: My telephone call to Bill Fritz, 12-13-2004. Subject: Northtown Center: Water run-off. Mr. Fritz, The purpose of this letter is to request that review of the proposed development known as Northtown Center take into account the following facts. Rain which falls on the property where the proposed development would be located now creates run-off which travels through a creek and pond system on abutting properties. The run-off travels from the site of the proposed development by way of a small creek to the pond located on the Kuhn property and then, via three drainage pipes, to a short length of creek which takes the water through one 44" pipe under Indian Spring Road to the continuation of the creek and eventually to the larger pond which extends to Carrsbrook Road. Two principal concerns need to be addressed regarding the amount and rate of water discharged from the proposed development, both during and after construction. One) The three pipes on the Kuhn property, one 24" pipe and two 16" pipes, are located under the driveway to the residence, with the driveway being the only meahs bfaccesstt> the residence. Any amount of water greater than the amount of water these three pipes can handle will rise above the level of the pipes and wash over the driveway, creating the threat of washing out the driveway. Once the water has passed through these pipes it is directed to the one 44" pipe which carries the w"liter under Indian Spring Road. Any \vatergreater than what this pipe can handle will create the same potential for washing out Indian Spring Road Two) The water that travels under the Kuhn driveway travels along a short section of creek { for approx. 125' from the one 24" pipe, and for approx. 40' fr{)m the two 16" pipes) before passing via the 44" pipe, under Indian Spring Road. This length of creek is not straight, it has curves and bends in it which have developed naturally as the water finds it's way among rocks and trees. Along this length of creek are a number of trees, five of which are substantial in height, possibly 80' or more. The additional amount and rate of discharge of ~. ZI ciY ATTACHMENT B Page two, Kllhn !elkl re nlth,!r tliTl\lIgh Ith\Jttir:tg prop<;rtie~., with PCOk'llt.inl di,m:ig<' 1<) pl'iv'lh, drivcWlJ)' Ilnd IrIdian Sprilll". ROII(t 12-l.1-20t).1. water from the proposed development will result in the erosion of soil from the root areas ofthe,se trees, lessening their anchoring ability and rnaking them vulnerable to \vinci and their 0\;1/0 s.lowly dcveiopedweight distribution, Of concern is the increase in the water alnount and it's rate ofrelease into the creek and pond system. As the property of the proposed site is now, it absorbs a great deal of the rain whiGO falls on it, sending some to the creek/pond by FUI1-Qff, alld some by Seepage at a much slower rate, If the very large amounts of rain which wiD be trapped from the impervious surfa()t;,~ of the development arc released too qUIckly, or In tOQ great a vo]urne,it wiU have: a serious erosion effect on lhe abutting p[Qpl~rties. Smce~ly,. ,/"/") (\ I' Ie" 1/ "~~c::::.- ~. Jiihn J Kuhn 121 Indian Spring Road. Charlottesville, Virginia, 2290 I l2- @ . . . . . . . . ...... Henry '" Maxine Burwn . 103 indian Spring Rd CbarlOUesville, VAZ2901-1019 ATTACHMENT B c?isv 973 -',3'56 /) {I'm'!' } /' . I I ..... . '-' ...- - - - -". /,:i'. . ,~aU4ty.8E'-. ..... ,,[f!mdYl e ......~.. . ... . ..... . ~ .... .. ...... v' ~-t;fPi!~~,: ....J)e~merlrj-=lJ1nlrLP. Fa......... ..r~. · ti2i}j"')Y\q~m m. S.$'"I &> i) - t;)Jr-,R1fcLJ{.ePc 7fM:mu- .Bo 4.'d..(jf'~pevft~ZHC>~ --/)Jv..., PJvlf:( $~~ -ev- ;n~i') Y.'(: ... .I . r T\_ I ~ /l1U J.P..Lembe(,:_.-.-.dVa~ ". ...... jU ". R~~.IIa-.r .. tii~.ln..{!en~-S/)?djJc2r---{)atP.~ Uttl~v~r Ii ~u.~-P~l;Wj )' "'..,<rll'ff'!an , , 71...b!5....w,~~l/ 44tJt'f: "~.""'. ." .dk-., ..,................ ..c......Vf.......ft.. ..-e...v::e...............lJ...,.:::f:....J-etl.. .~......~....!?J ......--.......4....._..e~L......~.~...:....~..~....~. ........... 'r(fA I t /c~ 4'- , /' . "I I - .", i . -- 11 . . .' . . ...... ,; " ..., ": G. ........ ." .Il 1fJ.' /1-'-CI.rt." ... ..... , .' W,.m(/..t(m...ClaJ'J..--. :eCt:.lJ.n4... 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'. . . f r~ .' . ./7. ~.1 .. .af1_.~... _eii_'<<:tZ-?1ff.' ..~,mi2~'11. -""'.'~...f" ,3JIj....:..f/Y1~.~..-7h€..............,.......J!);~. ....:. ":~.' yf.~,""". ../. .., . ..'.'., .. . / I!mt:M~~laJ.. o1i:'.tl'l.cL _~.itf!~vf!.milll'l.nll,E!t',...........A.. '4.~la..W ort&;LCZ1J~!5f5pe.f /-,? 9'?<>cLaa.,~a~klt2<t(c( . ~eEiIil1~/.... ..s::e. . .efvl.-7Z!..."..;..l2k;,.te......//'J/~...... e... --" "..-kerL,.' n:k>Ef.r~.......d.. :-./:'................ '. ~_ ~ '// ,r(? (j" '?4:'. ~ ~ ~.ev-y'Jl-+ .~~~I/!Y?J:lro::7=C-lrt~/-L/IS ..err,(e7. - f(J14f--q...17~. ....J.,.... ....................... .......mL/ ........ ...m: .. {,. :5..j4C<?~...:t'kJ.... .~m . .w.. m ................. .......mm...... ..".... -C7<m~... ..~ '7) "' t1 .' ' '. ......... .......m.....te.............,~... '~'3 tcr Henry '" Maxine Burton .~ 103 Indian Spring Rd .. Char1otlesvil1... VA 2290 1-1 0 19 ...... .. ......._,.....C!I~g Cj73-3?'S6 .. ~q/}tro.f'/f/J;--em.~ v-:/:e. V ....U~pt:,(jE(k;mrn{AYJl ~lfl2evdJ2f/nt~--}1(. . .U!".DFV1 .tz .. ....... '........-f&'..,..... ...n.Plah.....,.I'JL.'L4::P-m mtfs-ip~ ~f:LcE~ci,1tf;Y-//lamar . .... .B6av-d,:H-:-~~e.V-:J/isays~ !JJft:;.[2dfEic/t5.()w-eV-md?2 .~cemk~_(2)~0I2r, ..' .... Re.;.. /Jj1Jv=thffuJY:J.-~-e.r:tte!{"-.. .=Sit2.E!J..c2t2.5L::::a_rlO.{I5 . ..WZJ.jjf-v:-Jdefi4$T::A:e;!/../1'iJ.b 4,,!Pf1l9 " WJV_q.pp~1~4ie--tlt-e ~ -VL:e..~...Y'tCdm,iYJ~2)ii:t)Y1.r C)~d - ;:; _e -jz.itJ.~ WI})' ~4;.y ~ 4-- A4-Jte--.n-:Ldcfe tN7:tQ.-~i:). .iLD. ihi.r ---... .. .. ifJ.r:.dse..ye v:O.lA T4er V'fr;yc 5iln /f? c I!~t:::-? !rp~ ;fie... tJid1JtX:/J..el,a!'./t1j:e r;a f 7A/~ f=t) pe .1'f' ide ::>7fllc/o . ht'iL.I1...Ad-e'C:f7&.d ,0111' /tie . () tAl 6t'Y7fef~ &.n be>;' 10.. -- v:e4L{er-r...q-'-U)4J-Y~~r:.- .4L. -f;tt-/4z.4-e .f/e!fp . i~l/ C!.VY n~/. - --- 5~p-e. -clrel.r..u/1.-j,ch .}~ .?~ii7I4/1y7Lie-sdme.- g5 r-;M~4'Lur~~:f1%~~~~~.. .. --- .. ~ --- - .- -- . ...- -- -.- --..--- .--, ._. --- ..---- - ..-. -----.... - -- --... -- - -. - -, .... -. ... .'.u...~lJJ;f:~t-:~~;~~~. ...... 4e'?is::ig~.L;)AJ~'.. ..f. .... >:;},>;: .u;~..,,/'i~~~- l~ft~L.lhf-D!fcV/ff-!!f.~~~~,/"~~~n~~;. -~, ..QfcJ~cq:rta.-7;{~--~".~~~. ." . -~(!1~4Jttl~~- .6a}/f!--gJi#f!.t'U.tAe-Y~~~3/~~~Y'~ fjfj,'v-:d€~Y:tif~. .... #Jilie~~'?~~-u ..:. a. ..q<fi'-'Cer:cr ...ew. . . Xi-does- h;+--~In !~(~.e&I# a/l?UJ ~d&~frJne~ / A- . . ATTACHMENTB . . . ATTACHMENT B -c2- <~ 2i;; //'71 >~~/ ,J 110. .~ Henry &. MulDe Burtoo ~-. . 103 Indian Spring Rd Charlottesvil1e. VA 22901-1019 r..; r~Jf\ ./.."...-.,).,..,. _'~.~.- /.~-...~ ~",:",--," \~;..::> ':/ .-( /,? ;.p....,......:' \i;.' ATTACHMENT B (~u r\ 127'( ()' Jf" /l/kfr1:71r/l2... ~, ; .,....-.-" f ." c.<) . . ~ - . - M . J)e.~ 6i ftJ),7 ~~ 11<1 ~. Wi7/1'71?U":'7 l)Cye/c;/?/?)i2;;J/'::,IIt.,(j),Dt};N"ff If If ()}fl LhT;t~ ~NcI I /) ("'." .I--{p LIt ~cv ;')!@ i J D- '!J lq i)') l:flZl v.. oF J, ,"-I,) It I I~!- V ~ ])e~.eJTI~L ..II)d~O()r ~', 11 -1-1 -,. /l I fr'e . If{)lfZ/,liiwJ? r!erJe'r' -5j)fJ.a0tJL/--.{)i2QS!S" n ! " f"> 1'. :.;:... ;tH'-" a- ~~ l ~ ~ .... V\. .?;~.....,....,./ ~/~:~, -- i J' . "", ... \?~V-- ~z / J ~r -r.. i (~;..: ",' tl ." -'-"1 ! i,....'" # fV;, .e;: r...,.. ,[ C Vi..I...~';> I . &'~Qr\..J. .lrs ,t i2'?Jfl!; to u {;-r yOMV' le-lfrr<!)F~'~~~&;iS n -r .' f/I/" 0 (/ --j;;-- ~~ ../:. . /' '. ) , . A( .....u~ ~T t.jt.?~~lrc^{1 h I tJ ~F1Sr fEef,/elo~ ':"~fiv~6vfSr~V-I'7,/f/I/JV; cbvt?7'f~f;o:::;?l. 0/i~b1 t(/~~~-/>/~ ~lf~'r/jV/f~7fh 411(-l SI:-r(ii7eci. Jrl;:;~ 'Fie' ~:!f~'(/Sld~;kJ/l/ ;:;()~{ q ~~, ve<l.,uf~.I.7;; "!1~I . 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C/ V"€a 5 c{e $'l C1 Jt"1:iJie4 rj.s a inee71 ~4pe$" ,> (1),or~SJ 1."YcT7a4 FJJ.Jl.f/'" Y .a !-e. V'7/lifr 1'1 {A!f'2) v-eq d f,I-"- fYLv;j1!' j;,~,w;:v:::;;r;;~~::;/a7m~;:~S/o~@. ~ f l --I- r. -,I-... c;;:. ,--. . '-t. ~ . / _ ' ,..:.F~''-' i1 2 i?~f1f%:"J$ J~r-r:;}h;;q :e;~:::T:t:~7f?::;hl:q . '/ III r> /1- -- U''-> ATTACHMENT B . . fAe prOf4S;i ),/64t~~V) e~V"' ~!s~ hC;Y~ ~(!: ~~ '5 et4i r1 5(/ f> I efr\S WJt\ \ cf!., C!..o~1 d' be2} .::tVfrfR I f./q~~req; I I TA' ( / t1~... ,.:'..' ~-. ;,"', ,,-' 1 .t"I """:l"- .~,.. . _ w-,._ _, - ".... _ -, . _~'~L ,:" " '- ,1"-"'0; F' j- _~ -, i' "I"-. -\ - f'"II*..., - - c_ - ~/A r ~~ _ - ~.... p (f ( \e f' -opO-..J.\?q IOV fJlJ illvJ'j'! ._'f:.1"d~..r .~ \Sl V"~"rlt>h* C em! 'Y\!f/ --f't\~ 0 ~)n 'P\i--! de j/ e/~~~r I'Ii .f4, S-(-MII2- .bee ?It {f --, 7 F ....J.L? '-;../-,.-..; / .....:... r....L.f' - . ~e .'. /qv./i:p'S._ 0 '//!e; eN l-l~ Sl;pr5 9/1~ (/let;' I . .,.-,,-._,. --. '" ,^"..... 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ATTACHMENT B Carrsbrook and W oodbrook Homeowners Associations Albemarle County Virginia July 27, 2004 Mr. Bill Fritz Chief of Current Development County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Dear Mr. Fritz: Ref SDP 2004 -- 00045 At a joint meeting of the Woodbrook and Carrsbrook Homeowners Associations held on Monday, July 26 2004, the impact of the proposed Northtown Center on our residential communities was discussed. Concerns were voiced which precipitated the recommendations that constitute the substance of this letter. These recommendations were unanimously adopted by the homeowners present and voting and claim to represent their views only and not the views or opinions of any other Carrsbrook or W oodbrook home or property owner. We recognized the owner's right for the commercial development of his property and do not object to the location on the property of businesses he proposes. Further, we understand that the manner in which the property is developed is determined by applicable ordinances and responsible county agencies and that he is under no legal obligation to defer to any of our recommendations which fall outside the parameters set by these ordinances and agencies. However, inclusion of the following recommendations and/or revisions in the plan will ameliorate our concerns, lessen the negative impact on our properties and make Northtown Center more compatible with our residential communities. Concerns and recommendations particularly applicable to homeowners whose properties physically adjoin the commercial site have already been addressed in a separate letter. Where relevant to other W oodbrook and Carrsbrook homeowners, they are incorporated in this letter as well. Our recommendations are not listed in order of importance. While it is obvious that some have greater weight than others, each stands on its own merit and is worthy of inclusion in the final plan. Together, they would amend the plan in a manner to make the new commercial development more harmonious with adjacent established residential communities and in significant measure allay our fears that commercial development will adversely affect property values and contribute to the deterioration of Wood brook and Carrsbrook from their present status as premier residential communities. 2-9 . . . dt~) . . . ATTACHMENT B Concern/Recommendations Noise Pollution The trees, other growth and topographical features on the undeveloped site now muffle the noise generated by traffic on Rte 29N. Site development will largely remove all trees and growth and alter the topography, thus allowing sound to travel unimpeded to residences. The noise from Rte 29N will be compounded by business and shopping traffic after the development is completed. Especially irritating will be the noise caused by delivery and freight trucks during the evening and night hours. Recorrunendations Decrease the level of noise heard by homeowners by increasing the width of the. buffer zone from the 20' called for in the present site plan to 50' and, in addition to the native trees left standing in the buffer zone, plant trees as needed to ensure total. screening of the residential properties from the commercial. Regardless of its base width, where necessary extend the width of the buffer zone so as to ensure that site preparation and construction do not cause life-threatening disturbance to existing mature trees on residential properties and in the base buffer zone. Concern/Recommendations Visual Pollution The initial plans calls for erecting four story buildings at grade elevations at or higher than grade levels of adjacent homeowners. The unsightly dominance of the commercial buildings in close proximity to residential homes would unnecessarily deprive residents of the pleasant wooded vistas they now enjoy. The views would be especially objectionable after trees in the buffer zone lose their leaves in the fall and throughout the winter. Recorrunendations The same recommendations cited above for noise abatement also apply in preventing visual pollution. Double the foundational footprint of the proposed four story buildings and decrease their height to two stories. Site the buildings further away from residential properties and use architectural design and/or existing topographical features to lessen the negative visual impact on homeowners. ~Vj .~ ~\ ATTACHMENT B ConcernfRecommendations Light Pollution Lights from building, street, security, safety and vehicular traffic and all other lights could be, at a minimum, an annoyance and possibly a quality of life disturbance to all residents whose homes are in view of the development. Recommendations The same recommendations cited above for noise abatement also apply in preventing light pollution. . Where it is feasible, reduce the height of buildings, move them further from the buffer zone and/or site buildings at a base elevation so that on completion the height of buildings will be no higher than the mature trees in the buffer zone. Where at all feasible and will not compromise security and safety, point all lights down and away from the residential communities. ConcernfRecommendations Security The close proxuruty of the commercial development will facilitate easy access to residential properties. Trespassing and other unwanted access to private property, if not prevented, must be discouraged or made more difficult in order to contribute to security and the residents' peace of . mind. Recommendations Construct a minimum 6' high, opaque wall or fence made of materials impervious to rot or weather-induced deterioration along the entire border between the residential and commercial properties. An ancillary benefit of a solid fence is that it would help prevent trash and debris from the commercial site blowing onto residential properties. A wider buffer zone with plantings to achieve full screening would make residential properties less visible from the commercial area and hence less likely subject to illegal entry. ConcernsfRecommendations Environmental degradation Natural habitat destruction Adverse impact on stream-fed ponds and lakes in Carrsbrook The stream that flows from the commercial site creates a small wetland shared by the commercial site and the Carrsbrook subdivision. This perennial free-flowing stream feeds a series of three ponds in Carrsbrook which supports a variety of fish, amphibians and crustaceans and provides habitat for wild ducks, geese and herons. The wetland, combined with growth along the banks of the ponds and streams, provides habitat for a variety of birds and wildlife. Development of the site according to the initial plan would virtually destroy much of this ecological system. Inevitable life-threatening damage to the ponds and the wildlife they contain . ~D @ . . . ATTACHMENT B and support would be caused by silting resulting from site preparation and construction. The loss of this natural ambiance would deprive Carrsbrook of a feature which makes it such a popular and attractive residential community. Reconunendations Develop the site in a manner to preserve, to the highest extent possible, the natural topography and physical features. Do not pipe or cover the perennial, free-flowing stream. Leave undisturbed the critical slope. Increase the amount of drainage naturally percolated into the soil by decreasing the impervious coverage of the site to a maximum of 50 percent. Ensure that water run off from all impervious surfaces drains into a catch basin. Ensure that the drainage catch basin is sufficiently large to contain run off from all impervious surfaces, even after the heaviest rains. Require the most stringent measures possible to contain erosion during site preparation and construction. Concern/Recommendations Negative aesthetical affect on residential conununity Most of Carrsbrook is presently screened from Rte 29N by mature woods and entry into Carrsbrook is along a tree-lined street. Commercial development of this wooded site will tend to cause Carrsbrook to be regarded as an urban rather than as. the suburban community which it presently is. This perception will tend to lessen the desirability of Carrsbrook as an attractive place to live. Reconunendations Implement the recommendations given above which would: preserve the perennial free-flowing stream; leave undisturbed the critical slope; and use architectural and engineering design to preserve, rather than destroy, the site's natural topography, This would protect much of the natural setting which identifies Carrsbrook as a suburban community. Require that the development be screened from Rte 29N with extensive planting of trees and shrubs. Use trees and other plantings to diminish the harshness of impervious areas, buildings, streets and parking lots. .~ '31 @\ ATTACHMENTB ConcernslRecommendations Increased traffic and possible traffic congestion Northtown Center is certain to increase the amount of traffic in this heavily commercially developed section of Rte 29N. Increased traffic traveling on Rte 29N and entering and exiting Northtown Center increases the possibility of congestion and impacts safety. . Reconunendations Engineer ingress and egress roads to ensure maximum ease of entry to and departure from the site. Engineer traffic signals to ensure best possible flow of traffic into and out of the site. ConcernlRecommendation Negative impart of connector street from Northtown Center to Woodbrook Drive Woodbrook Drive is the only vehicular access road to the Woodbrook subdivision. This street carries very heavy traffic during morning and evening rush hours and at times school buses and other traffic associated with the beginning and ending of school sessions arrive and departs. Any connector street from N orthtown Center to W oodbrook Drive would adversely affect the flow of traffic into and out of W oodbrook and could possibly be a negative safety factor. . Reconunendation Eliminate any plan or thought of building a connector street between N orthtown Center and W oodbrook Drive. ConcernlRecommendations Decrease in property values of residential properties Commercial developments tend to lessen the attractiveness of adjacent residential communities to potential buyers with the results being a decrease in property values. The average person or family's single largest financial asset is usually their home. The commercial site must be developed in a manner to prevent or diminish the potential for loss in value of adjacent residential properties. Reconunendations Adopt all of the above recommendations. . 3- 32- &~ . . . ATTACHMENT B W oodbrook and Carrsbrook are established residential communities where the vast majority of the homes are owner-occupied; rented units are the rare exception. Attractive, well maintained homes on large lots with mature landscaping including many mature trees, and convenient access to the schools, services and employment provided in the greater Charlottesville area make Carrsbrook and W oodbrook highly prized residential oases in the urban ring. Commercial development of the property adjacent to our residential communities by right can and will occur. However, what is legally right cannot be in the public good, if it unnecessarily violates the rights of private citizens. Ethical considerations require that the commercial development proceed in a manner which preserves residential property values, quality of life amenities and the genteel character of our communities. We believe that our recommendations are just and fair and that they do not encroach on the developer's legal rights or ask for more than is required by normal communal and-business-ethical standards. Our concerns are legitimate and our recommendations are compellingly valid. Respectfully Submitted, Joeth!b~ Carrsbrook Homeowners Association John agher, President W oodbrook Homeowners Association cc: Albemarle County Supervisors Mr. Lindsay Dorrier, Jr. Mr. David Bowerman Mr. Kenneth Boyd Mr. Dennis Rooker Ms. Sally Thomas Mr. David Wyant Albemarle County Commissioners Mr. William Craddock Mr. Bill Edgerton Ms. Jo Higgins Ms. Marcia Joseph Mr. Calvin Morris Mr. William Rie1ey Mr. Rodney Thomas ~ 3'3 ..~ (g; , ';J ATTACHMENT B Carrsbrook and W oodbrook Homeowner Associations July 15,2004 Mr. Bill Fritz Chief of Current Development County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Dear Mr. Fritz: Ref. SDP 2004 - 00045 The enclosed letter signed by Woodbrook and Carrsbrook homeowners whose properties adjoin the proposed Northtown Center is in response to your suggestion that they come to some consensus regarding treatment of the buffer zone between the residential and commercial properties. In this letter, only concerns and recommendations particularly applicable to these homeowners are addressed, but must not be construed to mean they are less important to other Carrsbrook and Woodbrook homeowners. In a separate letter, additional concerns and recommendations equally as important and relevant to all Carrsbrook and W oodbrook homeowners will be set forth. - (/.2 ..-/ ean nger:VIC~dent Carrsbrook Homeowners Association cc: Mr. Lindsay G. Dorrier, Jr. Mr. David Bowerman Mr. William B. Craddock Mr. Bill Edgerton Ms. Jo Higgins Ms. Marcia Joseph Mr. Calvin Morris Mr. William D. Rieley Mr. Rodney S. Thomas 14 . . . ..\ (10 . . . . . ATTACHMENT B Carrsbrook and W oodbrook Homeowners Whose Properties Adjoin the Proposed Northtown Center Development July 15, 2004 Mr. Bill Fritz Chief of Current Development County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 We, the undersigned homeowners in the Carrsbrook and W oodbrook Subdivisions are the residents whose properties adjoin the commercial property identified in SDP 2004 - 00045. We are, therefore, the residents who will be most directly affected by the proposed Northtown Center development. Of particular concern to us is the treatment of the border and buffer zone between the residential and commercial properties. We believe that the recommendations listed below, which would revise the site plan, are essential for: ' . mitigating the adverse affect on property values; . preventing trespassing. and insuring security; . alleviating noise, light and debris pollution; . preserving the aesthetics of the natural features presently enjoyed: We would like to see the following parameters incorporated into the :final site plan. Inclusion of these revisions will ameliorate our concerns, lessen the negative impact on our properties and make Northtown Center far more compatible with residential communities. 1. Construct a minimum 6' high, opaque wall or fence made of materials impervious to rot or weather-induced deterioration along the entire border between the residential and commercial properties; 2. Increase the width of the buffer zone from the 20' indicated on the initial site plan to 50'. 3. Regardless of the width of the buffer zone: a. Leave the existing trees and shrubs, and plant additional trees to ensure full screening of the residential properties from the commercial; b. Increase the width of the buffer zone to ensure that site preparation and construction do not cause life-threatening disturbance to existing mature trees on residential properties or in the buffer zone. 4. Use architectural design and/or existing topographical features to lessen the negative visual impact that the commercial developments have on residential properties. The present plan calls for four- story buildings to be erected at grade elevations at or higher than grade levels of adjacent residential properties. '35 ~-~ ~) L. ATTACHMENT B (page 2 of3) We do not contest the right for the commercial development of the subject property. . However, we believe that our recommendations are just and fair and, for the reasons stated above, compel their inclusion in the final revision ofSDP 2004 - 00045. Respectfully Submitted, EcLLtk L.- ~ .'~ vUV\ Mrs. Edith Turner 107 Carrsbrook Drive Charlottesville, Virginia 22901 (,JlM~ V~)l William R. or Carol L. Webb 2913 Brookmere Road Charlottesville, Virginia 22901 ~t:2I-.~ ()~<~~( /- Dr. James end~ 101 Indian Spring Road Charlottesville, Virginia 22901 .~ i .... S' 'II , n'l.:-.-lO- . WI. c.. ~~t V. or Smi R. Aghera 2915 Brookmere Road Charlottesville, Virginia 22901 c7f~~ CQ)c. ' . ~. --..;:J u/>.;z;;; Henry and Maxine Burton 103 Indian Spring Road C ottesville, ~~1 ;}~~ William and Barbara Hannold 2917 Brookmere Road Charlottesville, Virginia 22901 . 121 an Spring Roid Charlottesville, Virginia 22901 ~'~~~'o~ ri&<>S.l tAs. w.-f)rv~ 01\~ Robert E. and Peggy G. Lassiter 2909 Brookmere Road Charlottesville, Virginia 22901 ~~ Claude and Alice Lee Coakley 2919 Brookmere Road Charlottesville, Virginia 22901 ~~c/t~~ ~~d Linda Hamilton '-2921 Brookmere Road Charlottesville, Virginia 22901 l~L tI tJ{JyJ sIdney A. ahd Linnea S. Wood 2911 B~ere Road Charlottesville, Virginia 22901 ~~ ~W1- John and Sarah Brumbaugli 2923 Brookmere Road Charlottesville, Virginia 22901 . '3G' clJ) ~ I ATTACHMENT B . (page 3 of3) !t4tJ-~~_l3?1Mv1;r ~ Thomas and Carolyn Bancroft-=::' W 'I 2925 Brookmere Road Charlottesville, Virginia 22901 11 Jf)~, ". ~-i ~.;;~ 1-:: Id Ar~--i L/ John F. and Janet E. Dolzer , I {2927 Brookmere Court Charlottesville, Virginia 22901 . ~hA cc: Mr. Lindsay G. Dorrier, Jr. Mr. David Bowerman Mr. William B. Craddock Mr. Bill Edgerton Ms. Jo Higgins Ms. Marcia Joseph Mr. Calvin Morris Mr. William D. Rieley Mr. Rodney S. Thomas . 11 ~\ r' ATTACHMENT B v~~ '7 e 1'1;;( Co/' 7i,' {!:t<n 1p d r ft-fh-e ~j)~/e , r... I, __ ~ [)~.. .,.4. r't;;. f.'.'J. -:;; -P.,. ...E'Ik'1. );110. I'l. .,. q It. d.. ~ '>1.. . ..rtl... /.(.n. ..../;. p.. 19Y';>,&j' me;:;;t::/tJr. W, r..:,:'f .. Pl4 Y1 Y) i!ltA. 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Il1rxeHhi/-t: ~ <2,d~qI-Sk:.5 fitFO~4/f/e ~;d.f(e ,d!;{,. e 5j'7e. ..21/r..eo 7-z:..P. s 131. f~(I Grt:kM ~ V>d1(.-<<"3!/ ~/C:<;l1sftlelfil.~ ~h(l Iv-re.5p611 s/Pje : --1-':;-/5 1)7L a ~7c18v::7:;>tV;,k"1-~jtl.9r:tI: ~f'/q?} 1Ll.sT ~; _'1he /?v~ei/ IOk.5_c 17 eJ ;511,~U)...r' a 114,t;&7e <!v'ftr-tkil .s(~ lXIAd d~.rT~.. ecIl)7J./f!Gv;ec-e,f~c/f?v-4"/J~/!:>jire. -frll} f;f f?? 5~~e .q'Ur1 [;r IA e ~f.t I !d;MJ .:;/ItI' vos;-. . )?2)'C/T i~ clv-edJi ?if e.tI5~ t5f fI1e~e.. ;;;1e~J ~(o~5 ory, e~)19V-l{efttf /e\r-v'aLI}~fnat L-vt (I PY'f'5fnj-fAe dLJ0!Jf?r-Cff y/ty;;'(~f-~IIiA.. ~~; I '39J M' . . . -"I _ -~ ATTACHMENT B ~.-.;.- t;;eV::.;.p..~..~.I~Jrrf;t :~~:/~~}4tf=: L77,:;::~~ tfti'J 5't-:k .2{ ytq ~~ d15"K tI1-e.srt-e-t~(/!fiUmwzitf-f;~a~ft1p p. . ..I.'iJ......}.'1.. 11. I~.). ..c;.~.1:fh1...... ". J41....~?~-IflY;...... j;,~G,!~ I~:r~~: a file::!: , ~1f<':JJ/i;;/ R..,..I/Y?. 0..'. -f. frnI>. 0. -f... .. M. J. 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'L.'V.. ..tJ. ~"W{;C td.J~t~-t4-;et..'ci#Jr 1:cJ.I{f!11 7ft e1Bfi~ h€C€Ss. C1..VV. ....,.;~ if/ee q.rufiIYJf!!:5J1Y)Mi!t?(fr~.. ~ ..~. . /7e.!1! lp.'~, ~"V€ /fte Tv?tlJjl-i//1 iJ: R-f-o''1f/':-I&, &!iib./.lf:./vx! ve:?f~/p!j!4mn:al\l~ t.'/!;. dCA. '.?J3t/.. jW-04f- ~ Y17 ~ '4Jt'f'4:..j 10'<'7 7d M J5".tnttilev-; . ,I .5/)~'12C' ". ~4; _ Jj "~t!.l, ~_ .... .f/I;. < t~~;, I~ /-- Y;~D ../ . . f/I~ ..C(, /?}ll ,r.. V'f . r.}OQ9'. QA "'TO !/e.fvl ~ . .#rt'HiJ(f '/e;,-t?6~ r?~~--3f:5b . . {fLY ,'l!lr,.Da VI dBawfY711C1b -(!PU.Y.J-trB04.vz(O-rf-S~Y--Y)>6'!5 . 4-0 dB' ~ ATTACHMENT B . 101 Indian Spring Road Charlottesville, VA 22901 June 18, 2004 William D. Fritz Department of Planning and Community Development 401 McIntire Road Charlottesville, V A 22902-4596 . Re: SDP 2004-00045 Northtown Center - Tax Map, Parcels 110, BOA, 111, IliA &ll1B Dear Mr. Fritz: As an abutting property owner, I request that the above development proposal be reviewed by the Planning Commission. Sincerely, iJ~fJ<.~ Wendy J. Craig, Trustee of the Wendy J. Craig Revocable Trust . RECE\VED jUN ~ 1 ~OO~ 4-\ COMMUN\TY DE:JELOPMENl c1J\ ATTACHMENT B Carrsbrook Concerns Regarding SDP 2004 - 00045 . Noise Pollution Mitigated by increasing the 'width of the buffer zone from the 20' called for in the present site plan to 50' and planting of trees in addition to the native trees left standing in the buffer zone. Light Pollution Lights mounted on lowest possible pole and pointing down and away from the residential communities. Security A minimum 6' high solid fence along the entire border between the commercial and residential properties. environmental degradation natural habitat destruction adverse impact on stream fed ponds and lakes in Carrsbrook Develop the site in a manner to preserve to the highest extent possible the natural topography and physical features. Revise the plan to leave undisturbed the critical slope and free flowing stream. Decrease the impervious coverage of the site to a maximum of 50 percent . property value decrease of adlacent residential properties negative aesthetical effect on residential community Adoption of all the above revisions and additions Require that the site be screened from Rt 29N with extensive planting of trees Use extensive plantings to diminish the harslmess of impervious areas~ buildings, streets and parking lots. increased traffic and possible traffic congestion Engineer ingress and egress roads to ensure maximum ease of entry to and departure from the site. Engineer traffic signals to ensure best possible flow of traffic into and out of the site. Correct site plan showing future access into residential property . t2. @ . ATTACHMENT C County of Albemarle Department of Community Development Memorandum To: From: Division: Date: Subject: Bill Fritz Stephen Bowler Planning 8 June 2004 Stream Assessment Results from Northtown Center Project Area A section of stream within the proposed Northtown Center Project area was studied during the County's Stream Assessment. This section of stream is considered intermittent (as represented by a dashed line) on the USGS 1 :24,000 scale map. In the Designated Growth Area (other than Crozet) stream buffers normally are notrequired around intermittent streams under the Water Protection Ordinance. . One of the purposes of the County Stream Assessment was to promote a more refined system for determining the degree of protection afforded a stream. The USGS mapping was not done for a regulatory purpose and, while providing regulatory certainty, is quite inaccurate. Based on stream assessment data and comprehensive plan information, County staff developed and assigned proposed use designations for streams with the intention of recommending them for future comprehensive plan adoption and ordinance revision. The use designation assigned to the stream reach within the proposed Northtown Center project area is, "Designed urban water feature." The staff describes its vision for managing such systems as follows: Designed Urban Water Feature: Located in areas designated for high density residential/commercial/mixed use. As an alternative to complete piping, these corridors can be managed to provide open space, pocket parks, and water features. It is assumed that these channels will require engineering intervention of one type or another (piping, channel lining, ponding). This designation can overlap with creation of ponds for storm water management. The shoreline can feature walkways, bike paths, community facilities, and park-like settings, and buffers are managed accordingly. Tools include: coordination with stormwater plans, proffers, coordination with open space requirements, landscape design. For comparison, a list of all four proposed use designations is attached. The Stream Assessment crews also inventoried particular issues observed in and around the streams. In this stream reach few such issues were identified providing little opportunity to suggest "improvements" to the stream. A map showing the location of the inventoried items is attached. . ~ 43 Obiectives for Priority Streams in Development Areas (Based on 1/3/03 meeting with staff task group) ATTACHMENT C The following stream designations or objectives were derived from discussion at the stream prioritization workshop. . The descriptions provide some guidance on what the various designations would actually mean on the ground. There are some fundamental objectives that apply to all streams in the County, as outlined in Section 17-102 of the Water Protection Ordinance (protect property, control downstream pollution, etc.). The following list is not meant to supercede the WPO objectives, but to refine them for the particular setting of the Development Areas. 1. Pocket Natural Area: Existing condition is high habitat value and high natural aesthetic value. Stream corridor should be protected to preserve these values, as well as water quality and living resources. These represent the top tier of streams in the Development Areas. Access for passive recreation is possible, allied objective, although public access is not assumed. Tools include: protection through easements/proffers, upstream stormwater controls, ample buffers, restoration (where needed). 2. Community & Private Userrrails: Primary function is to provide for access to natural refuge and trails in proximity to developed areas, especially residential areas. Greenway Plan is a guide to these locations. These corridors may also provide links between residential/commercial areas. These areas likely have sewer easements that can also provide trail corridors. Other community use may include play fields in flood plains, such as along the major streams (North Fork, South Fork, Rivanna main stem) and limited use for strategic ponds. Some segments of corridor may be in residential backyard settings, where protection of private property would be an allied objective. Habitat and water quality are allied objectives. Tools include: restoration, easements for access and maintenance, upstream stormwater controls, trail designation through plans/proffers, trail development, enough buffer to provide for desired setting. 3. Desi!!ned Urban Water Feature: Located in areas designated for high density residential/commercial/mixed use. As an alternative to complete piping, these corridors can be managed to provide open space, pocket parks, and water features. It is assumed that these channels will require engineering intervention of one type or another . (piping, channel lining, ponding). This designation can overlap with creation of ponds for stormwater management. The shoreline can feature walkways, bike paths, community facilities, and park-like settings, and buffers are managed accordingly. Tools include: coordination with stormwaterplans, proffers, coordination with open space requirements, landscape design. 4. UrbanlEn!!ineered: First and second order streams in areas designated for high density residential/commercial/mixed use. In most cases, existing conditions are not high value for habitat or natural aesthetic. Areas likely to require mass grading and urban infrastructure in order to meet land use objectives in the Development Areas. Some amount of piping/filling/channelization is expected. Tools include: off-site mitigation and sizing drainage structures for build-out. . 4k @ ATTACHMENT C . Q) I/) ::> .!!!. "'0 ro (j) (j) ro ... Q) 2:- l:J ::J "'0 ... iil ~ ...'C ...... ro -- ca "'0 (j) (j) (j) -- ro (/) (j) (j) c:: "'0 ::J - (j) 'CE C) (j) ... ... c C ::J E (j) 0 (j) (/) (/) iil 'OJ n c ()(/) I/) (/) iil .Q (j) c c c (j) Q) ~ (j) (j) OJ ::; 13 c (/) (/) ::J 0 (/) Q) E -- CJ) c c ~ (/) ro c c ... (/) 'w 0.. 0 u 2 0<( C/) ~ E ro ro ~ (/) (/) L E 'w "'0 ii5 (j) :E"' 1:E "'C >- "0 u .0 .0 0 0 .B 0 ro Q) .c 0 0 ... ... ::J ... ... ::J ..... (j) .0 0- S tro s:: .c: z CL () => => co () () (5 0 W I 0 a:: o (j) Q) U ..c:: I I I I Zl:J (.) CJ) C) C'CS ca + . Q) Q) Q) . . . ~ C ~ , )( -J 0:: 0::: . ..---... -, r~- I ./:::::~~:;// ", , , ", ... ... ... ... /--- ....l.' V _ _J (--'--'--r,-u--r-"""""--71 j / / / / \-....--L._.-L'h7( / \ // ..". \ / )i ..--_. , ,,"""_,," '\. // / / ,>...../ / / /', '>~ / / / ' /" / // \\', \ \ // /\ '\ / / / \ \L-----\ "-"-. .-J, \, '"I( _.-------- ," I '. ... ... ....... .... ... .... (y....... >''''''/' ... ... " """'" ". '. ... , " ". /J~. ~~""....,~"~, '''-'-..., ..... " " " .... .... .... " '''''.... )/" ""-"'~~ '. ............ " / />\, ,")/ t-.------.----\ __ _.J ____ ", ""~;-,.///' r--- j '-,/ . , \ ~ \----------.---\ ! \---- , 1____ - --_.-._~---- L.-------.--- . ,/..... ---------.~" \ ',-.L-__ . ...-7---...~r-- j~~>-- ~. i/.'...... ". ........_,'" / . 46 (9 . . "-\ , / ""- Legend Use Codes - Not Assess~d/Dry - Pocket Natural Area - Community Use/Trails ~ -- Urban Water Feature - Urban Engineered !Base Map Features Streams -- County Boundary -- Major Roads ....... D Charlottesville [ 'Crozet =] Darden Towe Park CJ Hollymead Figure 2-11 Designated Use Categories for Assessed Reaches in the Development Areas Albemarle County N A [-=:1 Neighborhoods r~J Rivanna 1"1 Pantops 0 1 2 I. _ oJ Penn Park ~ . ~~ _...r- 3 ~1 Miles > t-3 t-3 > (j ~ ~ t-3 (j I J Piney Mountain CH2MHILl *.~ . . . Attachment D COUNTY OF ALBEMARLE Department of Planning & Community Development 40 I McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 ARB ACTION MEMO Date: 10-03-05 Time: 1 :00 PM Meeting Room: # 241 Members: Candace M.P. Smith, AIA, Chairman: Present Duane Snow: Present Charles T. Lebo: Present Paul Wright: Present Staff: Margaret Maliszewski: Present Amy Arnold: Present ARB-2005-112: Northtown Center - Preliminary Review of a Site Development Plan; advisory review for a rezoning (Tax Map 45, Parcels 110, 110A, 1 I 1, I I lA, and I lIB) Proposal: To construct a 140,000 sf development consisting of retail, office, and light warehouse uses, and a bank with a drive-through. Ree.ardine. the Special Use Permit for the Bank: Motion: Mr. Lebo made a motion to forward the following recommendation to the Planning Commission: The ARB has no objection to the Special Use Permit for the drive-through for the bank, with the drive-through located on the east elevation of the building. Second: Mr. Lebo. Vote: The motion carried by a vote of 4:0. 12 c5 v Ree.ardine. the modification for activity on critical slopes: . Motion: Mr. Wright made a motion to forward Ms. Smith's prevIOUS remarks 10 verbatim as the recommendation to the Planning Commission: "Based on the ARB's preliminary review of the plan submitted at the meeting and dated 10-3-05 and acknowledging staff's lack of the ability to review because of the submittal timing, the ARB has no objection to the modification for activity on critical slopes because the loss of aesthetic resources, specifically the forest and ravine, are regained in the new dry stream bed bridge, limited use of retaining walls, bridges, expected abundant planting and reduction of exposed foundations with additional grading. " Second: Mr. Lebo. Vote: The motion carried by a vote of 4:0. Ree.ardine. the Preliminary Site Plan: The ARB offers the following comments on the preliminary site plan: 1. Further revise the building layout, site layout and proposed grading to incorporate existing site topography into the development. Incorporate terracing of the site and buildings into the development. Grading to create a single level development is not recommended. 2. Continue to revise the design to provide a better transition in scale among Buildings A, B, and H. 3. Submit for review detailed drawings of each building elevation visible from the EC. EC elevations shall not. have the appearance of secondary elevations. 4. Relocate the dumpster/loading areas, as suggested in the drawing submitted 10-3-05, at Buildings Band C to eliminate visibility from the EC. Screen the dumpster/loading areas from the EC with buildings. 5. Show how visibility of equipment (rooftop and ground mounted) will be eliminated from the EC. Provide specific information on equipment locations and sizes, and size of screening features. 6. Round slopes to meet adjacent conditions. 7. Show limits of clearing and grading, and the location and extent of tree protection measures. Submit a signed conservation checklist. Show all items required by the checklist on the plan. 8. Provide trees and shrubs at each of the buildings to help integrate them into the development and corridor. 9. Add plants between the Red Cedars at the southwest comer of the site and the west end of the wooded buffer to remain on the south side ofthe site. The quantity and character of the planting shall be coordinated with the appearance of the southern elevation of building D. 10. Provide a landscape key that identifies proposed tree sizes. 11. Add shrubs, 24" high minimum, interior to the site, among buildings and along the recommended sidewalks/walkways, to integrate the site and site elements. Add a note to the plan indicating that the shrubs will be allowed to reach their mature heights. 12. Provide for review sign criteria for the shopping center. Base the sign criteria on the ARB's sign guidelines. Reduce the size of the bank, restaurant and retail bui lding sign bands; 4' maximum height is recommended, depending on other proposed building features. 13 . 8 . Attachment E 4.2 CRITICAL SLOPES These provisions are created to implement the comprehensive plan by protecting and conserving steep hillsides together with public drinking water supplies and flood plain areas and in recognition of increased potential for soil erosion, sedimentation, water pollution and septic disposal problems associated with the development of those areas described in the comprehensive plan as critical slopes. It is hereby recognized that such development of critical slopes may result in: rapid and/or large-scale movement of soil and rock; excessive storm water run-off; siltation of natural and man-made bodies of water; loss of aesthetic resource; and in the event of septic system failure, a greater travel distance of septic effluent, all of which constitute potential dangers to the public health, safety and/or welfare. These provisions are intended to direct building and septic system locations to terrain more suitable to development and to discourage development on critical slopes, and to supplement other regulations regarding protection of public water supplies and encroachment of development into flood plains. (Amended 11-15-89) Where modification of regulations is sought pursuant to section 4.2.5, such request shall address each concern specified in section 4.2. (Added 11-15-89) 4.2.5 MODIFICATION OR WAIVER Any requirement of section 4.2 may be modified or waived in an individual case, as provided herein: . a. A developer requesting such modification or waiver shall file a written request in accordance with section 32.3.10.4 of this chapter and shall in such request address each concern set forth in section 4.2. No such modification or waiver shall be granted until the commission shall have considered the recommendation of the agent. The agent in formulating such recommendation may consult with the county engineer, Virginia Department of Health, water resources manager and other appropriate officials. The county engineer shall evaluate the potential for soil erosion, sedimentation and water pollution in accord with current provisions ofthe Virginia Department of Transportation Drainage Manual, the Commonwealth of Virginia Erosion and Sediment Control Handbook and Virginia State Water Control Board best management practices, and where applicable, Chapter 17, Water Protection, of the Code. (Amended 11-15-89) b. The commission may modify or waive any requirement of section 4.2 in a particular case upon finding that: (Amended 11-15-89) 1. Strict application ofthe requirements of section 4.2 would not forward the purposes of this chapter or otherwise serve the public health, safety or welfare, or that alternatives proposed by the developer would satisfy the purposes of section 4.2 to at least an equivalent degree; or (Added 11-15-89) . 14 @ 2. Due to its unusual size, topography, shape of the property, location of the property or other unusual conditions, excluding the proprietary interest of the developer, the requirements of section 4.2 would effectively prohibit or unreasonably restrict the use of the property or would result in significant degradation of the site or adjacent proper ties. Such modification or waiver shall not be detrimental to the public health, safety or welfare, to the orderly development of the area, or to adjacent properties, or be contrary to sound engineering practices; or (Added 11-15-89) 3. Granting such modification or waiver would serve a public purpose of greater import than would be served by strict application of section 4.2. (Added 11-15-89) c. In granting such modification or waiver, the commission may impose such conditions as it deems necessary to protect the public health, safety or welfare and to insure that such development will be consistent with the intent of section 4.2. d. The board of supervisors shall consider a modification or waiver of any requirement of section 4.2 only as follows: 1. The denial of a modification or waiver, or the approval of a modification or waiver with conditions objectionable to the developer may be appealed to the board of supervisors as an appeal of a denial of the plat, as provided in section 14-226 of the Code, or the site plan, as provided in section 32.4.2.7 or 32.4.3.9, to which the modification or waiver pertains. A modification or waiver considered by the commission in conjunction with an application for a special use permit shall be subject to review by the board of supervisors. 2. In considering a modification or waiver, the board may grant or deny the modification or waiver based upon the findings set forth in subsection (B), amend any condition imposed by the commission, and impose any conditions it deems necessary for the reasons set forth in subsection (c). 15 E . . . @ .. .. 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II. ,~ l' . . ;..\. ,if' 'V!J' .:::iC l ., '~\ iN, -., \~,. :r - ",,~ .~., ~ ~.. ~~.' /:.. '. IE' ~~>)'~' ~ "', s'u1 ,,~~ ~ ~ .-. ~~::;. ':. ~, ~.;~ i1"~''{~~~J r~'8~~~ I~ a n, I~'bffirjf.u-:..,.,~~ ., \_ ',,~ ~~~,\'",--,'Q.~..'t VofP,. ~J"'i '- '\I~lli'~~~ ." u~......~,~ if",~,,,,~;, I "'.~\ :': ~'~'. e'i't;ll~'::"'..~~r N\"/..r.-..-s.'!;,/:,,\,.", J ,", ....IH It< ,..,: '.. 11,1' ,'hpl'l/r,lph..., I 011111\ III \!I..lIhtth I I'~,d 11l'llr.IIl~..I: IlL \1.11' t'lIbJhhl'd t'~'l J \1 '. .df! '!In., \I.tl' puHI"!I'-'] \.\ l ~ I', pi (': II .. \~;r~"l:1tm""I'~ J ~.;:,'.;,,; ~~. ::::,~~:t\tl;,~~-:~;:':.\' ;~il~;~~'sl.j?;{.l-;r'~Phi'- 11M I'" h ,""" ATTACHMENT G 1350 Stony Point Road Charlottesville, VA 22911 &vANNA ENGINEERING & SURVEYING, PLC 434.984.1599 (F) 434.984.8863 ri vannaengineering. com . August 29, 2005 n......c=. f'ii,; Bill Fritz County of Albemarle Department of Engineering 401 McIntire Road, Room 211 Charlottesville, VA 22902-4596 , l }ill') cor~1L'~G~'.~: Re: SDP 2004-045 Northtown Center Preliminary Site Plan Dear Mr. Fritz: Attached are seven (7) full size and One (1) 11x17 copies of the revised preliminary site development plans for the project noted above. Wendell Wood has contracted with Rivanna Engineering & Surveying, PLC to proceed with generating the site development plans for this project. We have reviewed the comments in your letter dated June 11,2004 and have made substantial revisions to address those issues. The following comments are in response to you letter dated June 11, 2004. . 1. 4.2 Regarding the following: not yet adopted identification of "aesthetic resources ", stream assessment, steep slopes, the undeveloped County "Master Plan" and field observations & "other studies" conducted by County Staff. . The new site layout has been designed to have the least amount of impact on Critical Slopes. I will try to explain some of the issues that were encountered during the design. With regards to SWM-1, the invert elevation of the storm sewer at Route 29 is 30-feet below the elevation of the pavement. For SWM-1 to be a wet pond the water elevation would have to be at the same elevation as the invert of the storm sewer, and the pond would not be visiblefrom Route 29. Consequently, we have made SWM-1 a dry pond so that additional landscaping can be placed in and around the basin. With regards to the area behind Building K, the site has been designed to make the perimeter of this area as low as possible. The parking areas are sloped at 5 percent and the access aisles are sloped at 10 percent from each end of the project. We then designed this area with no disturbance to the stream or critical slopes, but this resulted in 25-foot retaining walls around the entire perimeter. The walls would only allow the tops of trees to be visible from Route 29. The design that is shown on the plans provides a water quality swale and landscaping that replicates the existing stream as much as possible, and provides an aesthetic view from Route 29. With regards to SWM-2, The site design allowsfor 15,700 SF of critical slopes and existing trees to remain undisturbed and visible from Route 29. This design still requires a 15-foot retaining wall, but it will not be visible from Route 29. ~ ~ A TT ACHMENT G . Given all of the site constraints for this development, natural and administrative, the new site layout provides compliance with as many of the issues as possible. 2. 32.7.9.8c The location of a retaining wall 20 feet in height 50 feet from the property line and a retaining wall ranging from 20 feet to 0 (zero) feet in height 50 to 20 feet from the property line has been deemed an objectionable feature requiring screening. It is the opinion of staff that the current design cannot be screened from the adjacent residential property. An alternative grading scheme must be proposed for the area adjacent to the residential properties. Any wall more than 6 feet in height will be deemed an objectionable feature requiring screening. This is not to say that a wall of more than 6 feet in height is not permitted. Walls of more than 6 feet in height may be approved if they are screened from adjacent residential property. The new site layout significantly reduces the number and size of the retaining walls. The only wall that is visible from Route 29 is next to SWM-l. As stated previously the dry pond design will allow for landscaping to screen this wall. The retaining wall behind Building H is adjacent to residential parcels, but is not visible from those lots or Route 29. 3. 21.7 The buffer adjacent to Tax map 45C, Section 1, Block P, Parcels 10 and 11 will likely be disturbed. Either pull back the grading, submit a modification request, or submit information to demonstrate that the buffer will not be disturbed during construction or maintenance of vegetation. . The new site layout does not require grading in the buffer adjacent to these parcels. There will be a retaining wall next to these parcels, but the existing vegetation will provide adequate screening. 4. 32.7.2.8 and 3.1 Sidewalks need to be provided at two points (north and south of the basin adjacent to Route 29) to connect to the sidewalk on Route 29. Sidewalks must also be provided on site to enable pedestrians to walk safely and conveniently between buildings on the site and from this site to adjacent commercially zoned property. These walks must provide reasonably direct access to all of the buildings. They may not be only on the perimeter of the parking areas. A sidewalk connecting the Bank/Retail/Fast Food area with the Grocery must be provided. This walk must be a sidewalk that runs parallel to the travelways. It may be most appropriate to make it a median separating the parking. This sidewalk must be wide enough to not be impacted by vehicle overhangs. Landscaping on either side of the sidewalk will likely be required by the Architectural Review Board and would provide protection to the pedestrians using the sidewalk. . ~ ATTACHMENT G . The new site layout provides a sidewalk connection to Route 29 north of SWM-l. The buildings south ofSWM-l are above Route 29 due to site grading and to provide a better view from the Entrance Corridor. A sidewalk in this area would require a number of steps and may not be preferable to the ARB. The grocery store has been deleted from the project. Sidewalks have been provided throughout the site to allow for pedestrian access to all buildings. 5. 4.12.15E Loading spaces need to be located reasonably dispersed to serve the uses requiring loading spaces. The Bank/Retail/Fast Food buildings in the northern portion of the site require one loading space. However, this space is near Route 29. Relocate the space for more readily serve the Bank/Retail uses. The new site layout provides loading spaces throughout the site and away from Route 29. 6. 4.12.13.b and c The loading space across the access road to the pump station must be relocated. It may not block the trave/way. . Access to the pump station will be through the access aisled and then back to the existing gravel drive at the pump station. 7. 21.7 The relocated access road to the pump station requires approval for the Albemarle County Service Authority. Also, the location of the relocated access road is such that in the opinion of staff the required buffer will be impacted. Either relocate the easement, request a modification of the buffer or submit information to demonstrate that the buffer will not be disturbed during construction or maintenance of the access way. The access easement will be relocated after input from the ACSA. The new access route will not impact the buffer. 8. 32.7.9.8 and 32.5.6s In order to verify/determine screening requirements provide profiles at 4 location (north, east, southeast and south) to show the visibility from adjoining residential dwellings. The ordinance requires commercial development be screened from adjacent residential districts. In staff opinion, retention of only the vegetation with the 20 foot buffer will not provide adequate screening. . The existing vegerotion in the 20-foot buffer is more than adequate to screen this development form the adjacent parcels. In many locations to buffer is greater than 20- feet. If there are any areas that do not have existing vegetation in the buffer then additional screening will be provided. @J: ATTACHMENT G . 9. 32.7.2.5 Provide a travelway to the property line to line up with and allow for a connection to the existing trave/way on the parce/ to the south, Tax Map 45, parcel 93B. The access aisle and grading west of Building D would allow for a connection to the parking area on Parcel 93B. 10. 32.7.9.8a and c, and 32.5.6s Note the location of heating/ventilation and any other outdoor mechanics for all buildings. The purpose is to determine impacts caused by sound and visual impacts. Screening of these features from adjacent residential properties is required. The location ofHVAC system will be addressed during the Final Site Plan Process. Every effort will be made to ensure that they are screened from adjacent properties. 11.32.7.9.7a Landscaping adjacent to Route 29 is in a relocated sewer easement or storm utility. The landscaping cannot conflict with the easement. Either relocate/increase the planting area or relocate the easement. Several other trees are near underground utilities. Prior to final plan approval additional analysis will be necessary to insure that plantings/utilities do not conflict. In those cases where a conflict exists, the planting areas must be increased or utilities moved. . The landscaping will be completed during the Final Site Plan Process. 12.4.12.6 Provide 5 stacking spaces for the bank drive-thru. The drive-thru has adequate stacking spaces. 13. 4.12.15f Provide a barrier to separate the drive-thru lane from the travel lane at the fast food restaurant. The drive-thru lane does not conflict with the access aisles. 14.4.12.18d Provide dimensions and pavement delineation for all loading spaces. The loading spaces are dimensioned on the plans. 15.4.12.19 . @ . . . ATTACHMENT G Provide design detail for dumpster areas. Also, the plan is confusing for the dumpster near the front of the grocery store. It appears the dumpster is in the travelway. This may be a simple notation on the plan that I am missing. The grocery store has been removed from the project. 16.21.7 Revise the setbacks and buffer dimensions adjacent to the commercial property to the north and south. Setbacks and buffers are not required adjacent to commercially zoned property. The buffers & setbacks are shown correctly. 17.3.1 Definition of Shopping Center Supply information, by separate letter, to insure that this site will have 8 or more retail stores, personal service shops or restaurants under the same management or association for the purpose of providing property management, parking, site coverage, advertising, promotion and other similar benefits. This information is needed to insure that the use qualifies for the Shopping Center parking standard. The Owner will provide this information under separate cover. 18. 32.5.6a This property is also zoned EC, Entrance Corridor Overlay District and AlA, Airport Impact Area Overlay District. Note this on the plan. The Site Data on Sheet 1 shows all of the zoning districts. 19. 32.7.2.8 and 30.6.3.2b Sidewalks adjacent to buildings cannot be used for storage, display and/or sales (including cart storage) if those uses would either interfere with pedestrian use or be visible from the entrance corridor. Note on the plan that no portion of the sidewalks or any other part of the site will be used for outdoor storage, display and/or sales or note those areas that may be used for outdoor storage, display and/or sales so that they may be analyzed. Refer to General Note 11 on Sheet 1. 20.4.12.3a1 If cart corrals are proposed they must be shown on the plan. Parking spaces designated as such on the site plan may not be used for cart corrals. Cart corrals will not be used for this development. ~ ATTACHMENT G . 21. This property consists of multiple parcels. Prior to final approval a plat either combining the parcels or adjusting existing boundaries will need to be approved. Without modification of the parcel boundaries the requirements of the building code will not be able to be met and Building Official and Fire Official will be unable to approve the plan. A consolidation plat will be completed and submitted after preliminary plan approval. 22. Staff would like to make you aware that you may, at your choice, use 16 foot parking spaces with a two foot overhang on those spaces adjacent to landscape areas. This still requires 18 feet to be devoted to the parking space but will serve to reduce the impervious area of the site. This is permitted in accord with Section 4. 12.6c6. if you would like to pursue this staff will work with you to identify the locations where it may be possible and the design to use. The new site design uses the 16-foot spaces at all allowable locations. Please contact me if you have any questions. Sincerely, . Timothy Miller, P.E., L.S. President Cc: Wendell Wood, ULC . @ ATTACHMENT H ,I I I I ' I i I I I N .+, s Tax Map 45 Parcels: 110, 11 OA, 111,111 A, 1118 - - \) ~Q 1Qg 200 Feet Jor 'I'"' Attachment I . From: Date: Subject: County of Albemarle Department of Community Development Memorandum Glenn Brooks, Current Development engineering review 22 Sep 2005 Northtown Center, preliminary site plan (SDP200400045) The revised preliminary site plan has been reviewed. This is a well executed plan. Preliminary approval is recommended with one caution: the stormwater quality concept is in need of significant revision. Please refer to the first cormnent below. The other comments either have to do with final plan details, or can be made conditions of approval of the preliminary plan. 1. Based on the proposed stormwater concept, the following items require revision: [17-315B,C, DSM503.3A] a) More filter area is needed, or an alternative water quality feature [see comment (f)]. Under the best circumstances, it appears there is only half of the required biofilter area possible on the proposed plan. See VSMH 3.11. b) The basin embankment at the front of the site has slopes at 2:1, which is too steep. See DSM 503.1E. c) Vehicle access has not been provided for the basins at the front and rear of the site. See DSM 503.1D. A shelf or road down the slopes is needed. . d) Pretreatment is required for these facilities to function as intended. See VSMH 3.11-14. e) The front and rear filters are short-circuited. See VSMH 3.11-15. f) The existing VDOT basin and stream has a continuous flow, which eliminates the viability ofbiofilters, unless they are off-line. See VSMH 3.11-16. 2. The drive through will require the outside lane to be 16' minimum to allow for by-pass. Please show striping and lane widths on the final plan. [18-4.12.17.c.2(a)] 3. Drainage easements are required on all systems passing water through the site. Please show easements on the plans. See DSM Chapter 11 for dimensions and details. [18-32.5.6] 4. The 18' retaining wall on the northern side of the site appears as though it will necessitate disturbance of the buffer for a footing or reinforcing grid. Please revise as necessary, or provide computations, details and construction methods to avoid disturbance of the buffer. 5. Grading to the edge of the undisturbed wooded buffer on the sides of the site will likely cut tree root systems, damaging and eventually killing trees. On final plans, the grading should be moved back, or specific trees surveyed and marked on plans to ensure survivability. 6. The loading area next to building F may have sight distance problems. 100' of sight distance must be maintained. [18-4.12] Please see the separate memorandum regarding the waiver for development on critical slopes. 16 . @ . . . Albemarle County Planning Commission October 18, 2005 Partial Set SP-2004-024 and SDP-2004-045 Northtown Center The Albemarle County Planning Commission held a meeting and a public hearing on Tuesday, October 18, 2005, at 6:00 p.m., at the County Office Building, Room 241, Second Floor, 401 Mcintire Road, Charlottesville, Virginia. Members attending were William Rieley, Rodney Thomas, Pete Craddock, Jo Higgins, Bill Edgerton, Chairman; and Marcia Joseph, Vice-Chair, Absent was Calvin Morris and Oavid J. Neuman, FAIA, Architect for University of Virginia. Other officials present were Wayne Cilimberg, Oirector of Planning & Community Oevelopment; Oavid Benish, Chief of Planning & Community Oevelopment; Stephen Waller, Senior Planner; Jack Kelsey, County Engineer; Francis MacCall, Senior Planner; Mark Graham, Oirector of Community Oevelopment; Bill Fritz, Chief of Current Oevelopment and Greg Kamptner, Assistant County Attorney. Call to Order and Establish Quorum: Mr. Edgerton called the regular meeting to order at 6:05 p.m. and established a quorum. Public Hearing Items: SP 2004-024 Northtown Center (SiQn .#ID - Request for special use permit approval, in accordance with Section 24.2.2(13) for a drive-in window for a bank. AND SDP 2004-045 Northtown Center - Request for preliminary site plan approval to allow the construction of a 199,800 gross square foot retail development. The property is described as Tax Map 45, Parcels 110, 11 OA, 111, 111 A and 111 B. The subject parcel contains approximately 15.9 acres, zoned H-C (Highway Commercial) and EC (Entrance Corridor), and AlA (Airport Overlay), This site is located on the east side of Seminole Trail (US Route 29 N,) immediately opposite Lowes and Kegler's. A Special Use Permit is also under review for this project, SP 2004-24 (Orive-in for bank). This site is located in the Rio Magisterial Oistrict and is designated as Community Service in Neighborhood 2, (Bill Fritz) Mr. Fritz summarized the staff report. (Attachment "A") The Planning Commission is being requested to take the following three actions: 1, Special Use Permit, SP-04-24: for a drive thru for a bank. 2, SOP-04-45 Northtown Center Preliminary Site Plan (The site plan has been appealed to the Planning Commission by an abutting owner. Therefore, the Planning Commission cannot approve it administratively.) 3. Modification of Section 4.2.3 to allow activity on critical slopes. The highlights of the staff report include the following: · The special use permit has been reviewed for compliance with the Neighborhood Model and Section 31.2.4.1. It was also reviewed by the Architectural Review Board, which cited no objection to the bank use, Typically, the ARB does not state support for projects, but instead will say that they have no objection, and therefore support the application, Based on the design, the evaluation of the Neighborhood Model, Section 31.2.4.1 and the ARB comments, staff is recommending approval of this special use permit. · The site plan has been reviewed by the Site Review Committee and staff can approve the site plan subject to Planning Commission action on the critical slopes request. ALBEMARLE COUNTY PLANNING COMMISSION - OCTOBER 18, 2005 ORAFT MINUTES FOR NORTHTOWN CENTER - SOP-04-45 ANO SP-04-24 SUBMITTEO TO BOARO OF SUPERVISORS 11-1-05 The plan reviewed by the ARB has been colored to show the location of the critical slopes, The applicant has broken the buildings up from the previously reviewed plan, There is a different arrangement of buildings and parking. . The applicant has changed the design of the streams, which relocates the stream northward. A swale is being provided that will go through the center of the property. There is a storm water management facility at the rear of the property. This plan does preserve some of the critical slopes. The blue color indicates a storm water pipe that will convey water. Basically, it is a two level system. The original amended plan brought in by the applicant had this pipe basically day lighted with a very deep canyon that ran through the center. The applicant has now widened that area out. The pipe will go underneath carrying water from across 29 to the rear of the property where it gets day lighted into the storm water pond. There is a second level where storm water from this site itself will flow, which eventually will arrive at the same elevation. He pointed out that there was a 12 foot difference in this area. The existing pond will be a water quality swale, which will provide water quality along its length. The plan before the Commission was reviewed by the ARB at its meeting of October 3, 2005. He read their action as follows: "Based on the ARB's preliminary review of the plan submitted at the meeting and dated 10-3-05 and acknowledging staffs lack of the ability to review because of the submittal timing, the ARB has no objection to the modification for activity on critical slopes because the loss of aesthetic resources, specifically the forest and the ravine, are regained in the new dry stream bed bridge, limited use of retaining walls, bridges, expected abundant planting and reduction of exposed foundations with additional grading." The critical slopes modification was evaluated in light of the stream assessment plan, the open space plan and the new findings by the Architectural Review Board. Staff is recommending approval of the request to the Planning Commission. . Staff has also outlined the three areas where the Planning Commission needs to make a finding and has provided some comments. Staff is generally recommending that the Commission find this to be something that can be approved. If there are any questions, he would be happy to answer them. Mr, Edgerton asked if there were any questions for staff. Ms. Joseph asked Mr. Fritz to point out the location of the 18 foot retaining wall, and Mr. Fritz pointed to the location towards the rear of the property. Mr. Thomas asked what will happen to the stream and how will it be taken care of during the construction and the disturbing of the creek bed Mr. Fritz stated that staff has not reviewed the erosion control plan because it has not been submitted yet. But, obviously in all plans where there is any sort of a live stream the applicant's engineer would have to account for the creation of the storm water management facility before they do the work in the stream bed. So as they are relocating the stream it will be going to an erosion and sediment control facility and not a storm water facility. So in all likelihood he might want to ask the applicant if they have thought about this because they will need to start at the rear of the property, since it is the lowest point, to put in the erosion control measures and then work upstream from there. Mr. Edgerton stated that the way he was reading the drawings the existing stream will not exist anymore since it will be a series of erosion controls and pipes connecting them, He felt that if this . ALBEMARLE COUNTY PLANNING COMMISSION - OCTOBER 18, 2005 ORAFT MINUTES FOR NORTHTOWN CENTER - SOP-04-45 ANO SP-04-24 SUBMITTEO TO BOARO OF SUPERVISORS 11-1-05 2 . . . plan is approved it would be wrong to think that any stream is going to exist. The water will be directed down through the series of pipes, Mr. Thomas asked what is going to happen to the stream and if it was still going to be there, Mr. Fritz stated that the stream would in all likelihood have to be captured within various designs and would eventually end up in this storm water pipe. There is a pipe that comes across the road now. It is a less defined area that comes together, but the main flow is through the pipe. The stream gets substantially moved, That is a correct assessment of the situation. He stated that there would be a water swale through the center of the property collecting the storm water from the various properties. Mr. Rieley stated that in the eyes of the ARB that mitigates the damaged critical slopes, and Mr. Fritz replied yes, along with the plantings that will go in and other things. Mr. Edgerton pointed out that there was a lot less pavement than it was on the previous plan. Mr. Fritz acknowledged that there needs to be additional storm water management facilities placed on this site as part of the final review, There will probably be multiple bio-filters that will need to be placed throughout the site. They will need to do a much more detailed analysis to demonstrate that they can achieve the storm water requirements that they have to meet. There is no waiver or modification of those regulations. Mr. Thomas asked can an engineer who designs the bio-filters be able to get a percentage like 90 percent of waste that comes off of that paved lot to be retained in those bio-filters. Mr. Fritz stated that he could not answer that engineering question. Mr. Edgerton asked if there were any other questions for staff, There being none, he opened the public hearing and invited the applicant to address the Commission on this application. Wendell Wood stated that the Commission was familiar with this project. The Commission made it clear at the last meeting that the site should be developed with more sensitivity to the slopes and the terrain of the property. The Commission asked that they address the critical slopes as a feature of the site, and he believed that the Commission will see that they have done that after reviewing what they have done. The plan on the board shows virtually all of the critical slopes on the site. They have requested to use the building on the right hand side of the pond next to Route 29, which is still on critical slopes. A double sided building that has architecture on both sides is being proposed, which was designed to shield the parking lot. There was a 28 foot high retaining wall on the first plan, which has been deleted. On the current plan there would be an 8 foot cut as opposed to the 30 foot cut shown on the previous plan, Mr. Edgerton asked how the 10 foot cut would be held up without a wall. Mr. Wood stated that they have pulled the buildings away from Wood brook and are just using a slope. There is a 20 foot undisturbed buffer plus almost an additional 20 foot of landscape buffer with no walls before getting to any impervious materials such as parking or buildings. He noted that there would be 38 to 40 feet of buffer. He stated that Tim Miller of Rivanna Engineering and Mr. Bhatt, the engineer, have come up with a pretty ingenious design for handling the critical slope. In the middle drawing, you can see the pipe coming under 29, which is obviously at the first pond. At that point today it is about 28 feet deep to the creek to the elevation of the new parking lot. They have piped that down to the detention pond and are coming back in and filling it approximately 12 to 14 feet on top of that pipe in the critical slope area. They are technically disturbing the critical slopes, but they are enhancing the critical slopes that are there, but with no buildings. Then they are enhancing it to become bio-filters. All of that will be the same grade through there. Therefore, it will become truly a scenic visual enhancement to what is there. After ALBEMARLE COUNTY PLANNING COMMISSION - OCTOBER 18, 2005 ORAFT MINUTES FOR NORTHTOWN CENTER - SOP-04-45 ANO SP-04-24 SUBMITTEO TO BOARO OF SUPERVISORS 11-1-05 3 this is done it will be 12 feet below the parking lot as opposed to 28 feet. The two passages are actually little bridges going across. So instead of all of this being filled and piped you get to the southern portion by going across two bridges. They really do think that they have listened to the Commission and done what they have been asked to do. The ARB was very complimentary of what they have done. He noted that his engineer was here to answer any questions. But, as owner of the property, they have to meet this criterion. Or they don't get a permit or approval to even start the project if the County does not approve the plan that says takes care of the stream while it is under construction. That is a function of which they would not get final site plan approval. . Mr. Thomas asked if the existing retention pond would disappear. Mr. Wood stated that it would be in its present state, but it was going to be raised. Mr. Thomas asked if they would still have capacity to retain some water in that also. He pointed out that he wanted the adjacent owners to be able to hear the answers to these questions. Mr. Wood deferred the question to his engineer, Tim Miller. Mr. Thomas asked if the capacity of the existing retention pond that VOOT put in was going to be the same. Mr. Tim Miller, of Rivanna Engineering, stated that the capacity would be in the rear storm water management facility, Mr. Thomas asked if they were going to do away with the retention pond next to 29 and move it to the back of the property and double or increase the size to hold all of the water that was coming off of 29 and the parking lots. . Mr. Miller replied yes, the rear facility would be more for the volume control to ensure that there was no increase in runoff to the downstream, Mr. Thomas asked what the capacity is of the back retention pond. He asked if a thunderstorm would just blow it out or would it get deep enough to where it would ease the water out. Mr, Miller replied yes, that the final site plan process would require calculations to be provided to the County for review to show that the post-development runoff and that the post-development runoff is at or less than the pre-development. So there will be some containment in that rear facility during a ten-year or twenty-year storm, Mr. Rieley stated that it was limited to the ten-year storm water containment. Mr. Miller stated that it can top to the 100-year, but the volume may increase during the 100-year storm. Ms. Joseph pointed out that it looked like the plan had three different storage facilities. Mr. Miller stated that was the plan during their discussions with the ARB. Now they have come up with an alternative front portion now, and have submitted that plan. Ms. Joseph asked what happens in that plan. Mr. Miller stated that as Mr, Wood was saying previously, this invert of the existing pipe is approximately 25 feet below 29. They made every effort in this plan to try and maintain that depth without infilling that portion. The ARB looked at that as though it would not be an aesthetic resource, Therefore, they suggested again extending the pipe through. They had this water . ALBEMARLE COUNTY PLANNING COMMISSION - OCTOBER 18, 2005 ORAFT MINUTES FOR NORTHTOWN CENTER - SOP-04-45 ANO SP-04-24 SUBMITTEO TO BOARO OF SUPERVISORS 11-1-05 4 . . . quality swale in the middle and they wanted that continued on up through so it would be one continuous. So now they have this larger water quality swale forming from front to rear for water quality. Ms. Joseph stated that she was seeing some pipes coming out, which was taking care of the water. Mr. Miller stated that water would then drain into these water quality swales and removes the pollutants. But, then in here it picks up in the underground system and is carried into the rear basin, which is for the volume control. It would maintain one of the critical slope areas. This is the plan that engineering reviewed indicating that they need to have more water quality measures. That is pretty much doubling what they had. If you were to take a section, it would be an arched culvert with brick siding so that you would be able to see a stream effect from 29 looking back. It will be replacing the stream, if you will. Ms. Joseph stated that there could be significant landscaping along the banks. Mr. Miller stated that the water quality swale itself has grasses and shrubs that are required and then there would be additional spaces for landscaping as well. In one area they had loading spaces with a retaining wall and in response to the ARB concerns; they have moved those over on the site and eliminated that wall. Ms. Higgins asked if there would be any retaining walls around the site, Mr. Miller stated that Mr. Fritz had indicated that this would be an 18 foot wall from a cut section here. He believed that there would be a 12 foot wall around one portion. He pointed out that the plan was changed to address the ARB's concerns. Mr. Rieley asked if the rear basin had been changed, and Mr. Miller replied that they did not modify the rear basin. Mr. Rieley asked what the depth was of that and if there was a pool elevation at the bottom of it or is it strictly a storm water detention facility. Mr. Miller stated that it was a dry pond. Mr. Rieley stated that it looked like there were some pretty steep slopes going down to it. Mr. Miller noted that they have guardrail along the top, which is now a fence. He commented from what he recalled that might be a 3:1 slope on one side and a 2:1 slope on the other because they were trying to maintain the natural grade at the bottom. Mr. Fritz stated to answer the question regarding fencing, that the applicant will be required to provide a Building Code type barrier so that no one could get down over that from any of the parking areas to get over that wall. It will be more than a guardrail. He pointed out that the ARB had commented during their review that the rear basin would not be visible from 29. Ms. Joseph noted that it might be the basin itself, but the fence would probably be visible from 29. Mr. Thomas asked if there was a certification on the waste water that runs off of the parking lot into the bio-filters that required it to be checked once a year. Mr. Fritz replied that as part of the approval process there is a maintenance agreement that they have to enter into. They have a monitoring program, but he was not sure what the frequency of it is. ALBEMARLE COUNTY PLANNING COMMISSION - OCTOBER 18, 2005 ORAFT MINUTES FOR NORTHTOWN CENTER - SOP-04-45 ANO SP-04-24 SUBMITTEO TO BOARO OF SUPERVISORS 11-1-05 5 Mr. Thomas asked if it was a requirement that the certificate be turned in periodically. . Ms. Higgins stated that Mr. Thomas was talking about testing the water runoff. She pointed out that there was no water quality testing, but the design is based on a certain end result and that design has to be verified that it does not wash out and it functions properly. Mr. Fritz noted that the inspections verify that the systems that were designed and installed are still in place, still operating properly and if the thing needs to cleaned or repaired. But, there is no water testing. Ms. Joseph asked Mr. Kamptner if the storm water maintenance agreement was something that was recorded at the Clerk's Office after the applicant paid his $18.00, Mr. Kamptner stated that was correct. The storm water maintenance agreement runs with the land, The frequency of maintenance he could not recall off hand, but it is specified in the agreement. Ms. Higgins asked Mark Graham to come forward to answer this question. Mark Graham. Oirector of Community Oevelopment, stated that the agreement does not have a requirement for regular scheduled inspections by the owner, but the County or staff has the ability, This is part of the Storm Water Management Program that the County Board just approved. The County actually has inspector on board to do these inspections. Ms. Higgins asked if they do water quality testing. Mr. Graham stated that the inspector does not test water quality. They do have the ability to test water quality if they need to, but that is part of a separate permit that they have for our municipal separate storm sewer system. . Mr. Thomas if there is a mechanism, bonding device or something that could be happening to protect the damage downstream of people's individual wells for a certain amount of years, Mr. Fritz replied that he was unaware of any. Mr. Kamptner stated that there is no County requirement under the site plan regulations that would require bonding for potential damage off site resulting from construction activities. It is something that the owner or developer has to deal with. The County cannot impose it because the regulations don't provide for it. Mr. Thomas asked Mr. Wood if he would be willing to guarantee against any damage downstream for any length of time, Mr. Wood stated that obviously he believed that under most any law that if he creates a problem that he is held liable for that. If he has done it and someone says that he has damaged their property or well that he thought that there were plenty of laws on the book that the owner that caused the damage is going to be held responsible. He suggested that the Commission ask the attorney, but he believed that was the way that it works. Mr. Kamptner stated that generally that is the case. Mr. Wood hoped that the Commission looked at this in the light of what they have done. It is not a very simple process to show them what they have done, but he felt that they have grasped a little of it. But, it really has been a concerted effort to meet their charge to them to develop on this site. They have been sensitive to the site. He pointed out that the engineering department, ARB and staff have recommended approved. They have taken the residents' issues that have been . ALBEMARLE COUNTY PLANNING COMMISSION - OCTOBER 18, 2005 DRAFT MINUTES FOR NORTHTOWN CENTER - SOP-04-45 ANO SP-04-24 SUBMITTEO TO BOARO OF SUPERVISORS 11-1-05 6 . before the Commission in the past and think that they have pulled back from the required setbacks, eliminated retaining walls and made what is a critical slope into an enhanced feature of the site. There is a particular criterion of landscaping, etc. required for what this water quality has to meet. He asked that the Commission support their proposal. They have met with the residents over the last five years and think they know what their concerns were. The concerns were the critical slopes, setbacks, landscaping, etc, They have taken those concerns into consideration and feel that they have met them, He felt that they have satisfied the needs of the majority of the people, except those who wanted a park. Mr. Edgerton invited comment from other members of the public. The first person on the sign up sheet was Lee Freudbrug. . Lee Freudbeug, resident of Albemarle County at 2924 Idlewood Orive, stated that in listening there were a few points that he would like to make. One of his concerns was the request for modification to the critical slopes on this property, As he reads the report there are a total of 15.9 acres and the critical slopes comprise 2.4 acres, which is 15 percent of the site, The number of critical slopes disturbed is 2 acres, which is 85 percent of the critical slopes. He further understands from his reading that this stream that is spring fed and a continuously flowing stream across the property will be buried under 20 feet of fill of 100,000 cubic yards of land that is going to be transferred from one part of the property to the other. So he fails to see how this could be characterized as an enhancement of the critical slopes when the stream itself is going to virtually disappear and turn into a pipe underneath of the property. It has been mentioned by Mr, Fritz himself that there is no erosion control plan yet. He believed that Mr. Rieley mentioned here that the existing stream will be gone. To create the impression that somehow these critical slopes are going to be enhanced by this process would amount to going on to the property and shooting the deer that are there and then putting up plastic deer as replicate for them and saying that everything is the same. It just does not look right. According from the report's conclusions, it appears that there is only one-half of the required bio-filter area possible in the proposed plan, Other shortcomings are noted, He understands that this preliminary site plan basically falls short by about 50 percent of engineering requirements in order to make all of these engineering requirements work, which he was not versed in. Issues were brought up tonight about the water quality. According to Mr, Wood, the standard for enforcement of any damage that may occur downstream would be basically for the property owner to bring a civil lawsuit for damages against him. This places the burden on the property owner rather than on the developer to take care of the water quality issues that may impinge upon the adjoining landowners. In addition, it seems that this preliminary plan should not be approved, Once it happens it is going to move to realization. He felt that there was still so much left in this plan that needs to be addressed that those should be taken care of before it is moved for approval. He respectfully requested that this plan not be approved and that the critical slopes waiver not be granted. Briefly, in the Places29 vision statement, the northern development areas will be a place where open space, the character of the surrounding rural areas and the natural environment had been preserved and enhanced, This looks like they will be stepping back in time instead of forward with the vision that they have for our County, Professor Gobar had left the meeting, but had previously submitted written comments against the proposal. (Attachment "B") Mary Ann Thompson had left the meeting. Leon Gorman pointed out that Mary Ann Thompson had left the meeting, but had asked him to read one small statement, He pointed out that they had signed up together, but she had to leave because they were running so late. . Mr. Edgerton stated that the Commission's rules preclude that. ALBEMARLE COUNTY PLANNING COMMISSION - OCTOBER 18, 2005 ORAFT MINUTES FOR NORTHTOWN CENTER - SOP-04-45 ANO SP-04-24 SUBM ITTEO TO BOARO OF SUPERVISORS 11-1-05 7 Ms. Joseph suggested that he give Ms. Thompson's letter to someone else in the audience to read. . Mr. Gorman stated that the first picture was of one of the lakes in close proximity of the proposed development. That is a very healthy lake, (Attachment "C") They believe that lake adds to the value of Albemarle County and is an asset. According to Places29, they wanted to preserve the existing neighborhoods. This proposal will damage the lake and other numerous properties and will be dangerous to personal health of the people who live there, The second picture is of VOOT that is doing work about 200 yards down the hill from this lake and they cut out the stream on the watershed side of Carrsbrook Orive. That is the side that the proposed development is supposed to be on. You can see how it is all dried up. They cut the water off. There were springs in there. He spoke with the VOOT people and the springs did not fill that part up at all. This beautiful lake and all of the subsequent lakes right close to the proximity to that property are going to look like this during the construction phase if that happens. That is horrible. It not only reflects on Albemarle County, but it is also reflective of the people who own those properties and it will look awful. What is a watershed? From the Oaily Progress, a watershed is an area of land that slopes or drains to lake, river, stream, wetland, ocean or other waterways. When precipitation occurs water travels from the highest to the lowest point and usually the water crossing forest or agricultural or suburban land. Healthy watersheds are a vital component of a healthy environment, Watersheds act as a filter for runoff. As development encroaches a natural area the filtering system of the watershed is replaced by impervious surfaces such as concrete and asphalt. This creates a situation where water runs off these surfaces in sheets carrying with it a variety of pollutants. Anything on the impervious surfaces such as gasoline and oil, litter and debris is swept away by the runoff and carried directly into a waterway. He stated that he had several comments from the Water Control Act. From the Constitution of Virginia, Article 11, further it should be the Commonwealth's policy to protect it atmosphere, lands and water from pollution, impairment or destruction for the benefit and enjoyment of the general welfare of the people. On page 14 of the site plan it gives reasons for critical slopes. The provisions created implemented the Comprehensive Plan by protecting and conserving steep hillsides together with the public's interest. It is recognition of increased potential for soil erosion, sedimentation, and water pollution. That is why a critical slope is created. These provisions are intended to direct building and septic system locations to train more suitable to development to discourage development on critical slopes, Article 9 on page 9 says that a waiver can be allowed for anything that is for the public's health and safety, and they can allow a waiver for a critical slope. He challenged the Commission because gas is not healthy and will be coming down these streams, There is no guarantee on how much that filtration system is going to stop, Those streams and lakes are going to be polluted, He felt that this will be very unhealthy, particularly because he has asthma, . Richard Arthur, resident of Carrsbrook, supported the comments of the first speaker. The first proposal for this property was very much like the new proposal and it was rejected because of the critical slope issue. He submitted that still destroying 85 percent of the critical slopes have not made this plan better. It is the same old thing, but just repackaged. He urged the Commission to reject this proposal. Chris Honenbergerger, President and Chief Executive Officer of Second Bank and Trust, stated that he appeared before the Commission in the previous occasion and indicated their interest. He pointed out that the bank's proposed building was the small building on the northwest corner of the property. They are very interested in this location. Their holding company, Virginia Financial Group, is interested in a substantial investment in the building immediately behind what would be their bank. This would bring a number of executive positions for our holding company to the Charlottesville market. These would be well paying jobs or corporate jobs. He felt that their increased involvement in the community would be an enhancement to the community, They have followed this project for over two years and want to compliment the developer, Mr. Wood, for making efforts to accommodate this property with a comprehensive development that is sensitive to the site and the neighbors. . ALBEMARLE COUNTY PLANNING COMMISSION - OCTOBER 18, 2005 DRAFT MINUTES FOR NORTHTOWN CENTER - SOP-04-45 ANO SP-04-24 SUBMITTEO TO BOARO OF SUPERVISORS 11-1-05 8 . Tom Linebocken, a 30 year resident of the County and 50 year resident of Carrsbrook, asked to speak for his neighbor Michael Coppola who had to leave the meeting, His message was briefly that the notion was somehow that this plan is less bad than the plans that have come before this group for that site. As you can see from the details in the plan it still destroys most of the critical slope and the stream that is there. He felt that they would prefer a stream to a storm water swale and would prefer the critical slopes to the parking lots. If the choice is between this and other plans, maybe this plan is a little bit more favorable. But, if the choice is between this plan and what is there now, which is woods, streams and critical slopes that he felt that the residents of the County would choose what is there now. . Oean Wenger, President of Carrsbrook Association, stated that he had been the President for over six months and the thing he had heard over and over again is quality of life in Carrsbrook and largely the quality of life has centered over the lakes that exist in Carrsbrook. Mr. Wood said that he has listened to the residents of Carrsbrook in developing this plan. The one thing that is absolutely critical in listening to the residents of Carrsbrook is the quality of those lakes. Tonight they have heard that during construction he will follow the minimum requirements that are set out by law. One of the things that would go a long way to alleviating the concerns of the community is what he would do beyond the minimum, For example, that a bond will be posted during construction so if something happens it will be there to appropriately deal with those things. What about a long term bond? Mr. Thomas asked if he would put something up and there was no response. Again and again he hears from the residents that the quality of their life there is centered on those lakes and that is what makes Carrsbrook unique. In the staff report, which recommends approval of the critical slopes waiver, it say, "Staff has not found that approval would be detrimental to the public health, safety or welfare to adjacent properties." He submits to the Commission that it would be in fact detrimental to the adjacent properties without some kind of long term plan to deal with runoff to those lakes, Ray Caddell, resident of Carrsbrook, pointed out from looking around the room he found that it was a very stable community, He stated that he enjoyed living in Carrsbrook. He pointed out that he was on public water and could not see this development from his house since his house was located at the end of Oover Road. The lights will not bother him. He just went to the meeting to support his neighbors. He stated that he was a real estate broker, a class A contractor, a small developer and a big private property rights guy, So he thought that Mr. Wood ought to be able to develop his property. He felt that the critical slopes must not be so critical if they could allow them to be moved from one spot to another. It just does not seem that critical applies in this case. People keep using words such as stream effect if you will. He felt that it was a stream or it was not a stream. Another word used water quality swale was something that he had no idea what it means. If there was not some sort of mechanism with an erosion and sedimentation bond that can be put into place that has some teeth in it that will stand for a very long time to protect the quality of the watershed of the ponds and lakes, most importantly the wells of the people who do live in this neighborhood and depend on the quality of the water that comes out of the ground, he just thinks all they can say about the plan is that it is not as bad as the last one, but it is just not good enough. . Peter Seffarati stated that he just moved into Carrsbrook ten days ago and was not familiar with all of these issues. He understands that the stream that is fed by the springs that are going to be buried feed these lakes. It was mentioned that during construction these lakes may go dry. Then he had another concern about the fact that not only you might have runoff from gasoline or oil from cars parked on those parking lots, but he had a concern about poison and toxic materials that might be on other trucks that might be damaged from accidents that might find its way into that water system. The owner of the property suggests that if they suffer damage to their properties that we have the avail of the court system to seek remedies. That may sound good on its face, however, he could envision a situation where you have a non-human entity that owns and controls that property heavily mortgaged with no equity at all in it. There would be no place to go to for damages. It is too easy to get around that legally. So if the developer is allowed to ALBEMARLE COUNTY PLANNING COMMISSION - OCTOBER 18,2005 ORAFT MINUTES FOR NORTHTOWN CENTER - SOP-04-45 ANO SP-04-24 SUBMITTEO TO BOARO OF SUPERVISORS 11-1-05 9 develop this kind of a project, then more power to him. But, he felt that the property owners downstream need to be protected some how by the actions of this Board or the County so that they are not forced to try to go after a straw man in court for damages and be left with this Board being responsible for a lot of dead lakes downstream. That is not unlikely to happen, . Jerry Peperson, resident of Wood brook, stated that he had been drafted by Mr. Gorman sitting next to him to read this statement from Mary Ann Thompson. He read, "Given the history of this project I have no confidence that Mr. Wood will be able or has any intent to rebuild the destroyed critical slopes in any way, shape or form that will come close to replicating what now exists. I will be extremely disappointed if you approve this plan. I give the rest of my time to Mr, Gorman from our Carrsbrook Committee. Mr. Gorman did mention to me that he was not aware of any opportunity to meet with Mr. Wood who said that there were meetings within the community. He said that he has been very involved with this, but he did not have such an opportunity." The only thing that he could add on his own was that everyone has seen the Carrsbrook property and the lakes. It is an unusually beautiful neighborhood and he could easily see why everybody was emotional disturbed by this and any negative impacts that may happen to those lakes. He felt that they already have some examples of this in other lakes in the area with previous developments. Therefore, he did not think that it was just a moot point that was being brought up here to argue on. These are real issues and deserve to be considered. Joe Mason, resident of Carrsbrook, stated that he appreciated Mr. Fritz's accessibility to the residents in helping them understand the plan. He felt that the most pertinent issue is the crossroads between maximum property development and respect for the terrain. The Neighborhood Model clearly states that respect for terrain is integral to the Comprehensive Plan. This is the eighth plan by his count that has been submitted and they all require a critical slopes waiver, The Zoning Ordinance states that waivers for critical slopes may be granted, but only excluding the proprietary interest of the developer. As far as he was concerned the only reason for granting a waiver is for the proprietary interest of the developer. Eighty percent of this property could be developed without disturbing the critical slopes at all. Mr. Fritz stated that any man-made filtration system is inferior to the natural vegetation of the land. So he hoped that they could develop with foresight and be able to prevent problems before they arise because private remedies are not appropriate and may not even be feasible. He asked the Commission to please have the stamina to reject any plan that calls for a critical slopes waiver. . John Gallangher, resident of Wood brook, asked the Commission not to approve this plan, at least not until more modifications are made to it. The plan is better, but he did not think they were there yet. He also requests when the modifications are made that this plan go back through the approval process and back through Bill Fritz. They need to ensure that they get this right. This plan has no respect for the topography of the land. The plan, as you heard, moves 85 percent of the critical slopes. 00 they have an ordinance prohibiting that or don't we? It moves a stream. Will it kill the stream in the process? They do not know. Please don't move the stream killing it and the ponds downstream. Why does every square inch need to be developed? He saw in the paper lately that the buffer for the Waffle House seems to be inadequate. If you look closely here you will see a much bigger thing being stuck in between existing neighborhoods. It will be a much larger Waffle House. The buffers between Northside and Woodbrook he feels are still inadequate. He was not an engineer, but when he looked at the map he did not see the glorious 60 foot ones Mr. Wood alluded to. They are much too small and there is no fence to prevent foot traffic cutting from the commercial site through the residential area. Why more effort can't be made for larger buffers and fences. Mr, Wood is not working with neighbors. If he did he would not put a restaurant with its smells deep into the neighborhood. Wouldn't it be nicer for the neighbors if the restaurant was located out on 29 instead of in somebody's backyard? This would be along with the food, the barrels, and the loading docks and associated rats. Speaking of smells, last time he was here he told the Commission about the pump station that was not designed well. They get a lot of sewer smells through Wood brook and it will only get worse in our neighborhood when the shopping center opens and begins pumping waste. He believed that a bank wanted to relocate here and he suspects that they were fighting some finance. They ALBEMARLE COUNTY PLANNING COMMISSION - OCTOBER 18,2005 10 ORAFT MINUTES FOR NORTHTOWN CENTER - SOP-04-45 ANO SP-04-24 SUBMITTEO TO BOARO OF SUPERVISORS 11-1-05 . . welcome their business. But, do they think that they are building bridges with the community by sticking a shopping center into our neighborhoods like this when they know they can do better with the site plan. He asked that they make modifications to the plan protecting the slopes, the stream and providing better buffers with fences. Please don't forget the families in the two neighborhoods who will bear the brunt of your decision for as long as they live in Woodbrook and Carrsbrook. Would this be acceptable in your backyard? Please fix the sewer smell! He believed that the ARB report said that they did not have adequate time to review the plan, which was not the flowery recommendation that they heard from Mr. Wood. He thanked the Commission for their time, There being no further public comment, Mr. Edgerton closed the public hearing to bring the matter back to the Commission for further consideration. Mr. Thomas asked to go back to the discussion that he had with Mr. Wood and try to get something out of it, particularly on the runoff and the silt during the construction. He asked if this was recommended if there was anyway to stipulate that a triple, quadruple silt screen starting at the bottom could be required. He asked if they can require more that what the Code requires. Mr. Fritz stated that the Commission could if the they feel that it is a reasonable condition to require additional erosion control measures in order to approve a critical slopes modification, He thought that those two are related to one another. . Ms. Higgins stated that they had heard a lot of reference to downstream lakes. In looking at the existing condition sheet where there is a sewer line that runs along the existing stream, she did not see any stream designation on whether there is a perennial flow. She suggested that the applicant address if there is a relocation or diversion of the stream in any way so that they can sequence it so that the flow is maintained. It would be design criteria, but it is done all of the time. She wanted to make it clear that if there is a perennial flow in the stream that should be maintained. In other words, that there is a path for it to flow before it is cut off on the other side. She was not sure if it is, but suggested that they ask Mr. Miller. Mr. Fritz stated that he knew the answer to that question. The findings on the stream are that it is not designated as a perennial stream, although field visits to the site indicated that it has perennial characteristics, But, it is not designated on the USGS map as a perennial stream. Ms. Higgins stated that the elusion to springs could be that the springs are not all in one location and they could be throughout the property. They could be from this location down to where the lakes are. But, they can still address either by a condition or stressing that when staff does the storm water management plan that the sequence during construction and throughout the process be addressed so that if there is a natural flow that it be maintained. Ms. Joseph referred to page 59 where it shows the location of the lakes, the drainage patterns and how this works together. There are a lot of drainage areas that go into these lakes. Ms. Higgins recalled that on the west side development on 29 there was some deterioration of streams and the goal would be to improve upon that. Sometimes a deteriorating condition will accelerate in deterioration in its natural state. But, if they could deal with the stress by putting a condition on the storm water management plan that during the construction sequence that they adequately address that any natural flow is maintained. She felt that was an important factor. . Mr. Rieley supported Ms. Higgins suggestion. He also thought that there was a reasonable nexus between the disturbance of critical slopes and the quality of the streams. Therefore, they should not be concerned only with the peak flow between the two- and ten-year storms. But, in fact they should be concerned with water quality. There are state accepted mechanisms that require a wet pond for at least a part of the detention area. But, there is a very simple formula relating to the number of square feet of drainage area and the amount of storage area in the pond that has a ALBEMARLE COUNTY PLANNING COMMISSION - OCTOBER 18, 2005 ORAFT MINUTES FOR NORTHTOWN CENTER - SOP-04-45 ANO SP-04-24 SUBMITTEO TO BOARO OF SUPERVISORS 11-1-05 11 relationship with taking the sediment out. He felt that the biggest concern about these ponds was with the sediment not coming down. He agreed with Ms. Higgins and suggested that they also consider ways to deal with the water quality of these streams. . Ms. Joseph pointed out that there was a bonding process for erosion and sediment control measures on the site plan itself. She asked Mr. Graham to talk a little bit about what happens when someone is in violation and they get phone calls from adjacent neighbors because of mud in the streams. Mr. Graham stated that with erosion and sediment control the County follows the state requirements. Therefore, our state requirements are what need to be included in an erosion and sediment control plan. Those capture most of the sediment, but he would not say that they capture all of the sediment. They will never capture all of the sediment. There will be sediment during construction that will flow down to the downstream ponds, which is just part of construction. We do see circumstances where sediment gets in the downstream property, and they look at that from the perspective if the erosion and sediment control facility is operating properly. If it is, then there is no violation of the law, There is no need for them to require them to do anything else. If the facility has failed for some reason or if it was not properly cleaned or maintained, yes, they could stop construction and require that it be brought back to order. To the question of the downstream property owners, what he had heard from them about the possible damage to their property, that yes, as far as the County ordinances are concerned, that is a private matter between two property owners. The County enforces the ordinances that exist and require certain measures for the development to put in place during construction. If they do that, then they are in compliance with the County ordinance. But, that is not a perfect measure. Mr. Kamptner stated that in the critical slopes waiver process the conditions that the Commission can impose may open up some avenues to protect the downstream property owners. . Mr. Thomas stated that those lakes have filled up with sediment. One pond, which is to the right of Carrsbrook Orive, is filled up to the extent now that it is no longer just a lake because it also has wetlands in it. When he checked into cleaning the lakes out and OEQ got into the environmental aspects of it, he found that they could not do it because it was wetlands. He asked if the property owners who own those lakes could have gone to Lowe's, Wood brook or whoever built all of those places that caused that silt or is that silt just a everyday occurrence of the water flowing through this field. Mr. Graham stated that it was both, which was one of the complicating factors. What they have seen in past circumstances is that it is extremely difficult for the downstream property owners to be able to bring something against the upstream property owner, You can't determine how much of the sediment came from which site and how much of the sediment was natural stream bank erosion that was occurring versus what was associated with construction activity. Therefore, it is a combination of things. For example, the upstream pond there that was constructed as part of the VOOT construction that he had been told institutively that thing blew out at least once during construction and dumped a load of sediment in the downstream pond. Mr. Thomas pointed out that it was full of sediment now. Ms. Higgins stated that ponds do require maintenance over time, and if not cleaned they don't retain their capacity. The issue with silting in on the upper end as the water slows down and drops sediment can grow vegetation and becomes wetlands and in itself become a water quality feature for that pond. Mr. Graham stated that her point was excellent that ponds naturally will fill with sediment without anybody doing anything particularly onerous above them. It happens all of the time out in the rural area, . ALBEMARLE COUNTY PLANNING COMMISSION - OCTOBER 18, 2005 DRAFT MINUTES FOR NORTHTOWN CENTER - SOP-04-45 ANO SP-04-24 SUBMITTEO TO BOARO OF SUPERVISORS 11-1-05 12 . Mr. Thomas asked if that was the maximum that they could get the developer to do, Mr. Graham stated that as Mr. Kamptner said that it appears that some conditions could be to require erosion and sediment control measures above and beyond those required by the ordinance as a condition of approval of an item. Mr. Rieley asked if he could talk about the issue of a long term mechanism to decrease downstream sediment flowing into the ponds. Mr. Graham stated that in that regard ironically the development answers some of that question with the storm water management facilities that he would be putting in they would capture by the nature of getting pollutants much more of this sediment than is currently being caught. Mr. Rieley asked if the normal state requirement for water quality typically involves a ration between the run off of paved areas and the volume of wet storage. Mr. Graham stated yes, that is correct that there is a ratio, The water protection that the County requires is required through the State storm water management regulations. It is directly correlated to the amount of impervious cover that is on that property such as parking lots, buildings, sidewalks and things of that nature. Mr. Rieley stated as this project is currently designed would it meet that criteria. He asked if it would be required to meet the wet storage. . Mr. Graham stated that it would be required to meet the criteria, He pointed out that they don't specify the mechanism, but the result. It will be required to demonstrate that the impact associated with the development and the additional pollutants that would run off as a result of creating this impervious cover have been addressed through onsite storm water management measures. Mr. Edgerton asked how that is demonstrated to satisfy the County's requirements. Mr. Graham stated that to satisfy the County requirements there is a calculation formula, which is called the simple method, which works with the amount of impervious cover. It establishes a percent of the pollutants that would be washing off. Then they have a range of facility types that would meet that pollutant loading that was being created by this particular development. Ms. Higgins stated that they would of course have to address not just what was created by this development, but by the VOOT pond that it is displacing also. Mr. Graham stated that was correct. Ms. Higgins stated that the two would have to be added together. Mr. Edgerton stated that in that calculation they obviously have a pipe coming across 29 feeding into this site right now. That pipe is going to continue to be there. Unless he was mistaken, there is probably some stuff coming off of the parking lot from the other side that is also going to be contributing to this. He asked if that was correct. Mr. Graham stated that actually upstream from this basin the County has its own regional storm water basin, which is called the Kegler's basin. Most of the development in that area runs into that basin. . Mr. Edgerton stated that therefore the water from Better Living or Jim Price, etc. was not coming through this pipe. ALBEMARLE COUNTY PLANNING COMMISSION - OCTOBER 18, 2005 ORAFT MINUTES FOR NORTHTOWN CENTER - SOP-04-45 ANO SP-04-24 SUBMITTEO TO BOARO OF SUPERVISORS 11-1-05 13 Mr. Graham stated that the County routinely cleans out that basin. . Mr. Thomas asked to go back to the bond issue and ask the applicant to come forward so he could ask him if he would be willing to extend the bond for a couple of years to protect the wells downstream. Ms. Higgins pointed out that the bond for the E & S plan would address anything that was not included on the E & S plan. Mr. Thomas pointed out that he was talking about a type of voluntary bond offered by the applicant to protect the wells for two or for some specific period of time. Ms. Higgins suggested that they ask Mr. Graham how this would relate to the wells because wells are sub service wells and E & S plans would cover surface, and they have not drawn any relationships between those two issues. Mr, Graham stated that staff would have a very difficult time finding any direct link or nexus that the sediment coming from this site was in any way impairing anybody's well. It would be very difficult for us to predict that accurately in advance, Mr. Rieley stated that it would be hard to find any links between the critical slopes or the drive-in window to that issue as well. Ms. Joseph felt that it was a personal matter between the applicant and the neighborhood, Mr. Thomas asked if there would be any dynamiting on the property. Mr. Wood stated that the site has been test bored and the depth to which they would be cutting there was no rock. . Mr. Thomas stated that there was a concern that the dynamite would cause damage with the shaking. Mr. Wood stated that rock was not hit any dept. To answer the question, he stated that there would be no dynamite. Mr. Edgerton noted that the Commission has several decisions to make. Mr. Wood asked to respond to the request, and Mr, Edgerton invited Mr, Wood to address the Commission. Mr. Wood stated that Mr. Thomas had mentioned something about providing extra measures. He stated that they would be willing to proffer a double row of silt fencing that the County would suggest them to provide. Ms. Higgins noted that it would have to be a condition because they don't take proffers. Mr. Rieley stated that central to his concerns in the past have been the fact that Carrsbrook and Woodbrook are such great communities and deserve whatever protection that they can reasonably and legally give them. He certainly agreed that a natural environment is more desirable than pavement for the adjacent property owners. One of the speakers said that if the choice was between this and the previous plans, that this plan is better. If the choice was between this and what is there now, then what is there now is better. But, that is not the choice. This property is zoned commercial. When they met in a work session with Mr, Wood the Commission raised several concerns. They asked that the stream corridor be opened up and not have parking or buildings located on top of the stream, and he has done that. They asked him to . ALBEMARLE COUNTY PLANNING COMMISSION - OCTOBER 18, 2005 DRAFT MINUTES FOR NORTHTOWN CENTER - SOP-04-45 ANO SP-04-24 SUBMITTEO TO BOARO OF SUPERVISORS 11-1-05 14 . break up the massing of the building into smaller scale buildings, and he had done that. They asked him to take it to the ARB before he brought it back, and he has done that. They asked for diminution in the scale of the walls on the perimeter of the site, and he has done that. Therefore, he felt that this has come back to the Commission with a genuine attempt to address the specific issues that they raised. He did not think that whatever shortcomings, since they could always find things to be done better, but he did not find anything that would need to be made better by this plan rises to the level of denying a critical slopes waiver or denying the drive-through window. Those two issues are the only matters before the Commission. He hoped that they would concentrate their attention on crafting the conditions for the critical slopes waiver that would reasonably address very legitimate concerns about the ponds downstream. Ms. Joseph stated that this was the first plan that she has seen on this property during the past ten years that she could support. She felt that there has been a genuine effort to look at the existing topography and try to respond to that by the fact that they don't have a retaining wall circling this area anymore and the fact that they were using some of the natural slope to feather in to some places and actually keep the 20 feet buffer. The 20 foot buffer could be larger, but that is all that the ordinance requires. She felt that Mr, Wood has tried to respond to everything that they have talked about. There would be three water quality places on this site. It may sound a little bit ridiculous, but there is more of a spirit of the place with this plan than she has ever seen on the previous plans. . Ms. Higgins agreed with Ms. Joseph's statements. She pointed out that on page 20 it showed an existing sewer line installation that ran along the side of the stream. In a previous meeting she had pointed out that had already been put in and affected the natural environment. Sometimes along streams when you have VOOT come in and do a basin and then you have a public sewer line put in and a public pump station or a station of some sort, sometimes you are in a deteriorating situation and nobody realizes it because it is in the woods, but there is probably generally siltation occurring from the point the pipe comes under road at VOOT to where it leaves this property, and based on the significant storms that they have had over a period of time there is not way that this one is in any type of pristine situation at this time, Although the downstream property owners do not want to look at it this way, this might be a way to capture and alleviate what is happening over a period of time. The water quality ordinance does not take this lightly. Bio-swale and storm water quality swales are very good devices and can be aesthetically pleasing and achieve a great deal to eliminate the impacts that are potentially happening between the upstream basin to where this comes under Rt. 29 and then on this property itself. Over the long terms it might have benefits. She agreed that there were a couple of conditions that they need to craft to make sure that they mitigated it as much as possible during the construction sequence because that is never easy when you see the trees go down and the grading start. It is always disruptive. There was one thing that she would say about the retaining walls that was brought up by one of the speakers was that now there was no fencing. At one time they had a very large difference in the grade of this development and the grade of the adjacent properties. By leveling the grade and not having this great retaining wall to her it makes it more in alignment with the neighborhood, which has pluses and minuses. It also decreases that barrier. So that is a pro and con. But, this plan is more respectful of the terrain and there is a minimized retaining wall situation. Therefore, she supports the request. Mr. Craddock felt that this storm water swale was a great improvement over a 175,000 square foot big box sitting there. He felt that the extra sediment control measures that have been offered as well as standing in the back side of the property; he felt that the sediment and water run off can be minimized. Mr. Thomas stated that he was still not satisfied. He asked if there was any way that they could get more buffers between the Wood brook houses and the back of the stores. . Mr. Edgerton stated that he was not satisfied either. He agreed with a lot that his colleagues have said in that this was certainly better than anything that they have seen. But, in his opinion he ALBEMARLE COUNTY PLANNING COMMISSION - OCTOBER 18,2005 ORAFT MINUTES FOR NORTHTOWN CENTER - SOP-04-45 ANO SP-04-24 SUBMITTEO TO BOARO OF SUPERVISORS 11-1-05 15 felt that there was far too much development on this piece of land. Mr, Wood did respond specifically to their requests, but he is still using a far greater portion of this site than he was comfortable with. In response to Mr. Thomas' question, yes they could ask for more buffers and he felt that it would be appropriate, But, he was not sure if the rest of the Commission would agree. Just because it is zoned commercial does not mean that they have to approve it. He felt that the applicant could do less impact than 85 percent of the critical slopes. He stated that he could welcome more sensitivity. Therefore, he could not support the request in its present condition. He opposed the scale of what the applicant was proposing. . Mr. Thomas stated that the residents of Wood brook need to be protected a little bit better. Mr. Edgerton stated that the Wood brook residents in the southeast are going to be staring into the back of those buildings, Ms. Joseph asked Mr. Fritz if there was a requirement for screening of service areas. Ms. Higgins noted that there was undisturbed buffer and then there were trees, She asked if staff could point out exactly what the buffer would consist of. Mr. Fritz stated that there would be the undisturbed buffer. What they have not done and don't do at the preliminary stage is that they don't have the final landscaping. But, loading areas are deemed objectionable fixtures that they would have to provide screening from. There are a variety of ways they can provide screen gin such as fencing and plantings. Ms. Joseph stated that that it was a double row of evergreens 10 feet on center, Mr. Fritz stated that staff has made the determination that separately from the ARB they will be looking for the location of roof top equipment because of the grade difference. Staff will consider that as an objectionable feature, too. Therefore, staff will be looking for parapet walls and other screening measures for any roof mounted equipment there. In relationship to the buffer requirements, they have some increased protective measures to verify the undisturbed buffer. . Mr. Thomas felt that a fence would not help because they would have to put the fence on the property owner's property to even shield the buildings. Mr. Craddock noted that was needed when there was a grade difference. Mr. Edgerton stated that there was still a significant grade difference because there was an 18 foot difference on this side and an 8 to 10 foot difference on the other side. Mr. Fritz stated that there was a 10 foot grade difference, which is the finished floor elevation. Obviously, the building going up was going to be higher than this grade. But, they want to make sure that they know where the roof top equipment is going to be located. Mr. Thomas pointed out that on the Carrsbrook side their houses are quite a distance from the property line. Mr. Rieley stated that he was at a loss of how to articulate a desire to exceed the minimum standards for things like the water quality as well as the run off requirements. He would feel comfortable saying that they expect the minimum standards to be exceeded. He felt that they could do the same thing with screening and ask to see the final site plan. If a double row of staggered evergreens is difficult, then they could let staff work with the particulars because they could not figure out everything tonight. He suggested that they give that to staff as an assignment and then they expect to see it when it comes back on the site plan. . Mr. Thomas and Ms. Higgins felt that would work. ALBEMARLE COUNTY PLANNING COMMISSION - OCTOBER 18,2005 ORAFT MINUTES FOR NORTHTOWN CENTER - SOP-04-45 ANO SP-04-24 SUBMITTEO TO BOARO OF SUPERVISORS 11-1-05 16 . Mr. Kamptner stated that regarding the additional conditions for E & S and storm water, if they wanted to listen to the conditions that they worked on four years ago that he could read them. At that time they tried to deal with the impacts at both the development stage and post development with the downstream ponds. The conditions are rather lengthy, but he would be happy to read them. Mr. Rieley asked that he read the conditions. . Mr. Kamptner stated that the condition dealing with erosion and sediment control read, "In addition to all other erosion and sediment control measures that may be required by the Water Protection Ordinance, the applicant shall provide erosion and sediment control measures to assure, to the satisfaction of the Program Authority that it is providing high levels of effectiveness in controlling sediment during construction. These measures shall include, but not be limited to: a, A construction schedule that minimizes the duration of disturbance (e.g., phasing of the erosion and sediment control plan). b, Using high efficiency sediment basins designed to include the use of f1occulants. c. Matting exposed slopes as determined appropriate by the Program Authority. d. The contractor shall have a certified Virginia Erosion and Sediment Control Inspector on the site throughout the period during which the site is under construction. The Inspector shall maintain a daily erosion and sediment control inspection log demonstrating that erosion and sediment control measures are being closely monitored and deficiencies are being quickly repaired. The Inspector shall assure that all control measures are being maintained in optical condition. The log shall be made available for inspection by the Program Authority at any time during regular business hours. e. If determined to be necessary by the Program Authority, the surety required by Albemarle County Code Section 17-207 shall include an amount determined by the Program Authority to be reasonably necessary to take corrective action to repair or restore downstream properties damaged during construction by runoff or sediment. The condition that they worked on dealing with storm water management read as follows: In addition to all other storm water management requirements that may be required by the Water Protection Ordinance: a. The storm water management plan shall include additional measures determined by the Program Authority to be necessary in order to capture to the maximum extent practical, the runoff from the site, both during and after construction. b. The storm water management plan shall include measures to prevent, to the fullest extent possible, damaging conditions to downstream properties and receiving waterways from occurring as a result of the development of the site, both during and after construction. c. In order to allow the Program Authority to develop appropriate measures to satisfy paragraphs (a) and (b) of this condition, the applicant shall submit data demonstrating the peak flow of runoff from the site and the peak flow of runoff coming onto the site. [Albemarle County Codes Sections 17-31,17-314(0)] Mr. Rieley suggested that they add something similar to address the screening to allow staff to look at the specifics of the site. Mr. Rieley stated that if staff has any suggestions that it would be a condition as far a part of the critical slopes waiver and not the drive-through part. . Mr. Edgerton suggested that the buffer be changed to 60 feet. Ms. Higgins did not feel they could draw a nexus between the buffer and the critical. ALBEMARLE COUNTY PLANNING COMMISSION - OCTOBER 18, 2005 ORAFT MINUTES FOR NORTHTOWN CENTER - SOP-04-45 ANO SP-04-24 SUBMITTEO TO BOARO OF SUPERVISORS 11-1-05 17 Mr. Rieley felt that the loss of the vegetation on the critical slopes and the fact that they were backing up even though it is going to be replanted is directly related to the views onto the site, which he felt was very clear. . Mr, Kamptner stated that they would need a screening requirement that the Commission would want to have staff determine to be appropriate to mitigate the increased clearing resulting from the critical slopes waiver, Mr. Fritz asked for some guidance from the Commission. Ironically enough planting additional trees within an undisturbed buffer require a modification. He asked if that was something the Commission wanted staff to look at the possibility of using that area for additional plantings knowing that they may have to grant the modification to the standards. Mr. Rieley stated that under planting deciduous trees with hollies or something like that which naturally grows underneath trees that would prevent the views. He felt that they could have a big canopy of trees. Mr. Edgerton stated that an undisturbed buffer could be a bunch of dead trees. Mr. Fritz stated that was fine, but he just wanted to make sure that he knew what they were working with. He felt that staff can work with that. Mr. Kamptner stated that staff needed to have particular screening areas identified right now. Mr. Fritz noted that it was very clear that the Planning Commission is looking at staff working with the applicant to develop a landscape/screening plan for the property, which exceeds the requirements of the ordinance and provides for a substantial screening buffer to adjacent residential properties. . Mr. Rieley stated that sounded perfect, and the other Commissioners agreed. Ms, Higgins pointed out that in the first item Mr. Kamptner read d) that said certify the E & S, which would need to be changed from a certified E & S person but now would be a RLO. She asked that the action include all of the conditions that Mr. Kamptner suggested in the action. Mr. Edgerton asked who would set the surety, and Mr. Kamptner stated that it would be the program authority, which essentially was the County Engineer and his staff. Motion for SP-2004-024Jgrive through associated with the bank): Motion: Ms. Higgins moved, Mr. Rieley seconded, that SP-2004-024, Northtown Center, be approved with the staff's recommendation subject to the following condition. 1, A by-pass lane, 16' minimum width shall be provided. Striping and lane widths must be shown on the final plan. The motion passed by a vote of 6:0. (Commissioner Morris was absent,) Mr. Edgerton stated that SP-2004-024, Northtown Center, would go to the Board of Supervisors on November 9 with a recommendation for approval. Motion for Modification of Section 4.2.3 to allow_activit}' on critical slopes: Motion: Ms, Higgins moved, Mr, Rieley seconded, to grant a modification of Section 4.2 to allow activity on critical slopes on SOP-2004-045, Northtown Center, with the following conditions: . ALBEMARLE COUNTY PLANNING COMMISSION - OCTOBER 18, 2005 ORAFT MINUTES FOR NORTHTOWN CENTER - SOP-04-45 ANO SP-04-24 SUBMITTEO TO BOARO OF SUPERVISORS 11-1-05 18 . . each of the conditions that Mr. Kamptner stated with a change to d. to the "responsible land disturber"; . add 1) That in the plan during construction that the sequence of the storm water management addresses the switching over of the stream flow, if any; . add condition as per Mr. Fritz's wording that staff work on the buffer landscaping to allow planting within an existing undisturbed buffer to the satisfaction of staff; and . all of the other conditions recommended by staff in the staff report. Amended MQtion: Ms. Higgins made an amendment to the motion that based on the conditions that they have imposed that they are granting the modification to Section 4.2 because the strict application of the requirements of Section 4.2. would not forward the purposes of the chapter that otherwise serve the public health, safety or welfare, or that alternatives proposed by the developer would satisfy those purposes at least to an equivalent degree, because the Commission has proposed conditions to satisfy those purposes to at least an equivalent degree. Second to Amended Motion: Mr, Rieley seconded the amendment to the motion. The motion passed by a vote of 5:1, (Commissioner Edgerton voted no.) (Commissioner Morris was absent.) Mr. Edgerton stated that the critical slopes waiver for Northtown Center was approved as follows: . The critical slopes waiver for Northtown Center was approved based on the finding that the strict application of the requirements of Section 4.2. would not forward the purposes of the chapter that otherwise serve the public health, safety or welfare, or that alternatives proposed by the developer would satisfy those purposes at least to an equivalent degree, subject to the following conditions: 1. In addition to all other erosion and sediment control measures that may be required by the Water Protection Ordinance, the applicant shall provide erosion and sediment control measures to assure, to the satisfaction of the Program Authority, that it is providing high levels of effectiveness in controlling sediment during construction. These measures shall include, but not be limited to: a. A construction schedule that minimizes the duration of disturbance (e.g" phasing of the erosion and sediment control plan). b, Using high efficiency sediment basins designed to include the use of f1occulants. c, Matting exposed slopes as determined appropriate by the Program Authority, d, The contractor shall have a Responsible Land Oisturber ("RLO"), on the site throughout the period during which the site is under construction. The "RLO" shall maintain a daily erosion and sediment control inspection log demonstrating that erosion and sediment control measures are being closely monitored and deficiencies are being quickly repaired, The "RLO" shall assure that all control measures are being maintained in optimal condition. The log shall be made available for inspection by the Program Authority at any time during regular business hours. e, If determined to be necessary by the Program Authority, the surety required by Albemarle County Code Section 17-207 shall include an amount determined by the Program Authority to be reasonably necessary to take corrective action to repair or restore downstream properties damaged during construction by runoff or sediment. . 2. In addition to all other storm water management requirements that may be required by the Water Protection Ordinance: ALBEMARLE COUNTY PLANNING COMMISSION - OCTOBER 18, 2005 ORAFT MINUTES FOR NORTHTOWN CENTER - SOP-04-45 ANO SP-04-24 SUBMITTEO TO BOARO OF SUPERVISORS 11-1-05 19 a. The stormwater management plan shall include additional measures determined by the Program Authority to be necessary in order to capture, to the maximum extent practical, the runoff from the site, both during and after construction. b, The stormwater management plan shall include measures to prevent, to the fullest extent possible, damaging conditions to downstream properties and receiving waterways from occurring as a result of the development of the site, both during and after construction. c. In order to allow the Program Authority to develop appropriate measures to satisfy paragraphs (a) and (b) of this condition, the applicant shall submit data demonstrating the peak flow of runoff from the site and the peak flow of runoff coming onto the site. [Albemarle County Codes Sections 17-31,17-314(0)] . 3. In the plan during construction the sequence of the storm water management addresses the switching over of the stream flow, if any; 4. In conjunction with the final site plan, sufficient landscaping and screening shall be provided to screen adjacent residential properties from areas of disturbed critical slopes; and 5. All of the other conditions recommended by staff. Motion for SDP-2004-045: Motion: Ms. Higgins moved, Mr. Rieley seconded, that SOP-2004-045, Northtown Center Preliminary Site Plan, be approved with conditions recommended in the staff report; based on the other actions just taken and an additional condition that the final site plan come back for Planning Commission review. 1. Architectural Review Board issuance of a Certificate of Appropriateness. 2. Virginia Oepartment of Transportation approval of entrance design, signal improvements, frontage and turn lane improvements as well as any associated road plans and drainage plans. 3. Albemarle County Service Authority approval including approval of the design of the relocated sanitary sewer meeting ACSA standards with no portion located within storm water management facilities. 4. Current Oevelopment Oivision approval of: a. Minimum sight distances within parking areas/travelways. b. Oesign/location of curbed islands in the parking lot. c. Stormwater BMP plans and calculations. d. Stream Valley design which is acceptable to the Architectural Review Board, Based on the plan reviewed by the Architectural Review Board at its meeting on October 3, 2005 and included as Attachment A marked WOF, 10/09/2005. e. Approval of revised parking calculations to account for any parking lost by condition d, to include if necessary, a reduction in building space. f. Retaining wall designs for any walls of 4 feet or greater. g. Landscape plan, to include a conservation plan for all trees proposed to remain. h. Lighting plan. i. Subdivision plat combining the parcels into a single parcel or realignment of existing parcel boundaries to result in lots meeting minimum requirements for building construction. j, Necessary access, utility easements. k. The 18' retaining wall on the northern side of the site cannot disturb the undisturbed buffer for a footing or reinforcing grid. The plan must be revised as necessary, or provide computations, details and construction methods to avoid disturbance of the buffer, I. Grading to the edge of the undisturbed wooded buffer on the sides of the site will ALBEMARLE COUNTY PLANNING COMMISSION - OCTOBER 18,2005 20 ORAFT MINUTES FOR NORTHTOWN CENTER - SOP-04-45 ANO SP-04-24 SUBMITTEO TO BOARO OF SUPERVISORS 11-1-05 . . . . . likely cut tree root systems, damaging and eventually killing trees. On final plans, the grading should be moved back, or specific trees surveyed and marked on plans to ensure survivability of trees within the undisturbed buffer, 5. Fire Marshall approval. 6. Building Official approval. 7. The final site plan shall be subject to Planning Commission review, The motion passed by a vote of 5:1, (Commissioner Edgerton voted no.) (Commissioner Morris was absent.) Mr. Edgerton stated that SP-2004-024, Northtown Center, would be heard by the Board of Supervisors on November 9. ALBEMARLE COUNTY PLANNING COMMISSION - OCTOBER 18, 2005 ORAFT MINUTES FOR NORTHTOWN CENTER - SOP-04-45 ANO SP-04-24 SUBMITTEO TO BOARO OF SUPERVISORS 11-1-05 21 (\ Hn-c hr:f\: fl} fru j 0 } Ij )C~J PC-, A~I(LIPS f . l 4 f(Ac h (rv; h) ii 12-: J -~ Letter on the Rights of Carrsbrook Homeowners versus Developers Designs To: Members of Planning Commission of Albemarle Meeting of 18 October 2005: Proposed "'Northtown Center" You face an historic moment: to draw the line where the rights of Developers end and the rights ofCarrsbrook Community begin. We have a "natural right" (to use the expression of Thomas Jefferson) to our healthy environment; and the Developers have no right to encroach upon our natural rights with impunity. Whatever the Developers may do with their land that is their privilege, provided they do not damage our lands and lakes in the process. The representatives of Carrsbrook Homeowners Association have brought to your attention: (a) that the Developers will not bear 100% of responsibility for the resulting environmental damage (as their spokesman has publicly admitted); and (b) that the impact ofthe proposed development, i.e. pollution of our little lakes and consequential health hazard to our families, would be disastrous. They care not what happens downstream by what they do upstream. And who will pay the price in the end: Albemarle County or Carrsbrook Community? You (as representatives of the people) can stop the peddlers of $- Worship Religion trampling over our humane rights to a healthy environment in our homeplace. You may tell them that you will aprrove their proposal only on the condition of preserving the Critical Slope (9/101 of it and not 1/6Ih!) and preserving our Little Stream (which is a watershed via our lakes to Rivanna River!) You have legal grounds to require this: invoking the concept of "Intermediate Zoning" and, in its support, invoking the Constitution of Virginia (Article Xl: Section 1) which mandates the "protection" of our natural environment against "pollution" for the "welfare of the people". We will trust in your goodwill and courage. Ash ~eri~sor 220 Carrsbrook Drive Charlottesville, Virginia 22901 Copies: William Fritz, Director of Development, Albemarle County Director, Piedmont Environmental Council Matthew Rosefsky, Director of Rivanna Conservation Society Officers of Carrsbrook Homeowners Association , I \, ," , , ~. " ".\; ~t. ~, ~.~ ~ . .....,.:... ~~. (''1' " w' ..... '~,.. It ~ \ . ~~ ",. .' ~ ," $. . ,~'; ( r~"'"~,, " ;Ii- ~ '.',i'l