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HomeMy WebLinkAbout2006-12-13 BOARD OF SUPERVISORS FIN A L DECEMBER 13, 2006 SECOND FLOOR, LANE AUDITORIUM COUNTY OFFICE BUILDING 3:00 P.M. 1 . Call to Order. 2. Work Sessions: a. 3:00 p.m. - 3:45 p.m. - Discussion: Alternatives to amend and update County Code regulating firing of firearms in the County (deferred from November 1, 2006). b. 4:00 p.m. - 5:15 p.m. - Mountain Overlay District and Rural Areas Resource Protection. 3. 5:15 p.m. - Recess. 6:00 P.M. 4. Call to Order. 5. Pledge of Allegiance. 6. Moment of Silence. 7. From the Public: Matters not Listed for Public Hearing on the Agenda. 8. Consent Agenda (on next page). 9. Red Hill CommunitY Well. PUBUC HEARING to amend the Jurisdictional Area Boundary of the Albemarle County Service Authority to provide water service to Tax Map 87B, Parcels 4, 4A, 6, 6A, 6B, 7, 7A, 8, and 10, located on Taylors Gap Road (Route 710) and Tax Map 87B, Parcels 9, 10A, 11, 12,60, 60A, 60B, and 61 located on Red Hill School Road (Route 760). 10. ZMA-200S-007. Haden Place (SiGns #12.13). PROPOSAL: Rezone 6.69 acres from R-2 Residential (2 units! acre) to NMD Neighborhood Model District - residential (3 - 34 units/acre) mixed with commercial, service and industrial uses for 20 single family homes and 14 townhomes. TAX MAPIPARCEL: TM 55 Parcel 69 & TM 56 Parcel 9. MAGISTERIAL DISTRICT: White Hall. (Continued from October 11,2006) 11. ZTA-2005-005. Temporary Fa"" Worker Housing. PUBUC HEARING to Amend Sections 3.1 ('Definitions"), 5 ("Supplemental Regulationsj, and 10 ("Rural Areasj of Chapter 18, Zoning, of the Albemarle County Code. This ordinance would amend Section 3.1 by adding definitions of "Farm", "Farm worker housing, Class A" and "Farm worker housing, Class B"; Section 5 by adding supplemental regulations for temporary farm worker housing; and Section 10 by adding temporary farm-worker housing facilities for 10 or fewer residents as a by-right use (farm worker housing, Class A), and temporary farm-worker housing facilities for more than 10 residents as a use requiring a special use permit (farm worker housing, Class B). 12. ZMA-2006-012. UVA Foundation-Advanced Research & TechnoloGv BuildinG Annex (Signs 35.36.40) PUBUC HEARING - PROPOSAL: Rezoning on CO-Commercial Office (offices, supporting commercial and service uses; and residential use by special use permit at 15 units/acre) zoned property to allow an additional 30,000 square feet for a building square footage total of 565,000. PROFFERS: Yes. EXISTING COMPREHEN- SIVE PLAN LAND USE/DENSITY: Office Service - office uses, regional scale research, limited production and marketing activities, supporting commercial, lodging and conference facilities, and residential (6.01-34 units/acre) in the DeveloprnentArea. ENTRANCE CORRIDOR: Yes. LOCATION: Ray C. Hunt Drive in the Fontaine Research Park, located on Fontaine Avenue, adjacent to the northeast of the Rt.291250 Bypass in Neighborhood 6 of the Development Area. TAX MAPIPARCEL: TMP 76-17B, 1766. MAGISTERIAL DISTRICT: Samuel Miller. 13. From the Board: Committee Reports and Matters Not Listed on the Agenda. 14. Adjourn. CONSENT AGENDA FOR APPROVAL: 8.1 Approval of Minutes: March 13(A), May 10A/N, August 1 (A) and August 3(A), 2006. 8.2 Resolution authorizing the issuance of revenue bonds by the Industrial Development of the Town of Louisa, in an amount not to exceed $8,000,000 for the benefit of the Region Ten Community Services Board, Inc. 8.3 Resolution authorizing the issuance of revenue bonds by the Industrial Development of Fluvanna County in an amount not to exceed $4,000,000 for the benefit of the Westminster-Canterbury of the Blue Ridge, located at 250 Pantops Mountain Road in Albemarle County. 8.4 Resolution allowing the County to participate in VDoT's Revenue Sharing Program for FY 2007. 8.5 Resolution supporting Proposed Workforce Housing Legislation. 8.6 Resolution to accept road(s) in Crozet Glen Subdivision into the State Secondary System of Highways. 8.7 Resolution to accept road(s) in Country Oaks Subdivision into the State Secondary System of Highways. 8.8 Resolution to accept road(s) in Marshall Subdivision into the State Secondary System of Highways. 8.9 Resolution to accept road(s) in Grayrock, Phase N, Subdivision into the State Secondary System of Highways. FOR INFORMATION: 8.10 Crozet Crossing Trust Fund - 2006 Annual Report. ACTIONS Board of Supervisors Meeting of December 13, 2006 December 14, 2006 ' I Call to order. ,. Meeting was called to order at 3:04 p.m. by i the Chairman, Mr. Rooker. All BOS members were present. Also present were Bob Tucker, Larry Davis and Ella Carey. Discussion: Alternatives to amend and update County Code regulating firing of firearms in the County (deferred from November 1, 2006). . DIRECTED staff to draft an ordinance that incorporated a ban discharging of firearms in all districts except the RA district, and to restrict discharging firearms in a safety zone around dwellings and buildings in the RA zone and within 100 yards of property boundary lines of schools and parks. The restrictions in the RA district would depend on public input and may be scaled back to only relate to neighborhoods which petitioned the Board for specific restrictions. Bring back for public hearing in March. Mountain Overlay District and Rural Areas Resource Protection. . All Planning Commission members were present. HELD. Continue discussion on January 10, 2007 at 3:00. The Board recessed at 5:52 p.m. and reconvened at 6:12 p.m. From the Public: Matters not Listed for Public Hearing on the Agenda. . John Martin, of Free Union, spoke about the action taken by the Board at the end of the December 6th meeting to establish an Economic Opportunity Fund. Expressed concern about the public being left out of the process. John Cruickshank, of the Sierra Club, thanked the BOS for signing the U.S. Mayor's Climate Protection Agreement. He asked that the Board organize a Sustainability Council to develop a plan of action. He presented Chairman Rooker with a "Cool Cities" certificate of appreciation. Sue Chase, of the Charlottesville Center for Peace and Justice, thanked the Board for signing the U.S. Mayor's Climate Protection Agreement. She urged the Board to proceed with the next step in the formation of a committee. Tom Olivier. a resident of the Scottsville District, expressed dissatisfaction with the unwillingness of some members of the Board to implement measures in the Comprehensive Plan designed to protect open spaces and natural resources. Laurie Delehantv. of the Charlottesville 1. Clerk: Schedule for public hearing for March 14th. 2. Clerk: Schedule joint meeting with Planning Commission on January 10th. . 7. . . . . Center for Peace and Justice thanked the I Board for signing onto the Mayor's Climate Protection Agreement. . Loqan Blanco, of Charlottesville Peak Oil, spoke to the Board about the Relocalization Plan that a citizens' group in Tompkins County, New York, created to prepare for Peak Oil. . Dave Buehrens signed up, but did not speak. . Stephen Bach, of Charlottesville Peak Oil, asked the Board to support the creation of a task force to deal with the issue of Peak Oil. . Jack Marshal, of ASAP, expressed concerns about the actions taken by the Board at the end of the December 6th meeting. There was no public involvement in the decision-making process. . Tom Loach asked why Haden Place was not listed as a public hearing. Mr. Davis explained that the proffers were amended and the request had to be readvertised for public hearing. . Jeff Werner, of PEC, expressed concerns about the actions taken by the Board at the end of its December 6th meeting. There are numerous nonprofit groups in the community that could use support from the Board. . Neil Williamson, with the Free Enterprise Forum, responded to a comment made by Mr. Werner, and stated that the Chair of the Chamber of Commerce is a part of the Tourism Committee and has worked diligently for tourism. . . Chairman Rooker recognized a group of students from one of Western Albemarle's government classes that were present at the meeting. 8.2 Resolution authorizing the issuance of revenue (Attachment 1) bonds by the Industrial Development of the Town of Louisa, in an amount not to exceed Clerk: Forward resolution to McGuireWoods, $8,000,000 for the benefit of the Region Ten Bond Counsel. Community Services Board, Inc. . ADOPTED the attached resolution. 8.3 Resolution authorizing the issuance of revenue (Attachment 2) bonds by the Industrial Development of Fluvanna County in an amount not to exceed Clerk: Forward resolution to McGuireWoods, $4,000,000 for the benefit of the Westminster- Bond Counsel. Canterbury of the Blue Ridge, located at 250 Pantops Mountain Road in Albemarle County. . ADOPTED the attached resolution. 8.4 Resolution allowing the County to participate in (Attachment 3) VDoT's Revenue Sharing Program for FY 2007. . ADOPTED the attached resolution. Clerk: Forward resolution to Juandiego Wade. 8.5 Resolution supporting Proposed Workforce (Attachment 4) Housing Legislation. . ADOPTED the attached resolution. Clerk: Forward resolution to Andy Bowman. 8.6 Resolution to accept road(s) in Crozet Glen (Attachment 5) Subdivision into the State Secondary System of I Highways. Clerk: Greg Cooley in Engineering. . ADOPTED the attached resolution. 8.7 Resolution to accept road(s) in Country Oaks (Attachment 6) Subdivision into the State Secondary System of Highways. Clerk: Greg Cooley in Engineering. . ADOPTED the attached resolution. 8.8 Resolution to accept road(s) in Marshall (Attachment 7) Subdivision into the State Secondary System of Highways. Clerk: Greg Cooley in Engineering. . ADOPTED the attached resolution. 8.9 Resolution to accept road(s) in Grayrock, Phase (Attachment 8) IV, Subdivision into the State Secondary System of Highways. Clerk: Greg Cooley in Engineering. . ADOPTED the attached resolution. 9. Red Hill Community Well. . APPROVED, by a vote of 6:0, an amendment to the jurisdictional area map to allow for water only designation for the properties Tax Map 87B, Parcels 4, 4A, 6, 6A, 6B, 7, 7 A, 8, and 10, located on Taylors Gap Road (Route 710) and Tax Map 87B, Parcels 9, 10A, 11, 12, 60, 60A, 60B, and 61 located on Red Hill School Road (Route 760). 10. ZMA-2005-007. Haden Place (Si~:ms #12.13). Clerk: Schedule on a future agenda. . DEFFERED ZMA-2005-007, at the applicants' request, until the final plans and proffers have been prepared for public hearing. 11. ZTA-2005-005. Temporary Farm Worker (Attachment 9) HousinQ. . APPROVED, by a vote of 6:0, the attached Clerk: Forward adopted ordinance to County ordinance. Attorney's office and Community Development. 12. ZMA-2006-012. UVA Foundation-Advanced Research & TechnoloQY BuildinQ Annex (SiQns 35,36.40) . APPROVED ZMA-2006-012, by a vote of 6:0, as proffered by the applicant and signed November 30, 2006. 13. From the Board: Committee Reports and Matters Not Listed on the Agenda. David Wyant . Held meeting on Living Wage issue; need further discussion before ready to come back to Board. . Development Review Task Force Committee should be ready to report to the Board in February. . Discussed cleaning of sidewalks during snow times. Mr. Davis commented that counties do not have the authority require homeowners to clean sidewalk. Mr. Rooker suggested including a request for enabling legislation in VACo's legislative agenda. Sallv Thomas . Thanked the Board and staff for the letter on Preservation Tax Credit Conservation Value Criteria. It made a significant impact. . Asked Board to consider adopting, as part of the County ordinance, lighting requirements for residential development. Mr. Davis commented that the County has broad authority to regulate lighting. The Board DIRECTED staff to bring back a staff report. Lindsay Dorrier . Tickets are still available for the Meriwether Lewis event this Friday. . A new program at the Jail is allowing inmates to clean up entrances into the County. Ken Boyd . Responded to concerns raised about actions taken by the Board at the end of its meeting on December 6th. . Suggested the Board hold work session on Mr. Slutzky's TOR proposal. CONSENSUS of the Board to schedule on an agenda, and that staff prepare a report. David Slutzky . He will be making an informal presentation on his TDR proposal to the 5Cs on Thursday, December 14, between 4 and 6. Dennis Rooker . Thanked the Board for allowing him to serve as Chairman for the last two years. /mrh Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 Attachment 6 Attachment 7 Attachment 8 Attachment 9 IDA - Region Ten Resolution IDA - Westminster-Canterbury Resolution VDoT Revenue Sharing Resolution Proposed Workforce Housing Legislation Resolution Crozet Glen Resolution Country Oaks Subdivision Resolution Marshall Subdivision Resolution Grayrock Subdivision, Phase IV Resolution ZTA-2005-005 Temporary Farm Work Housing Ordinance Attachment 1 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA WHEREAS, the Industrial Development Authority of the Town of Louisa, Virginia (the "Authority"), has been requested by Region Ten Community Services Board, Inc. (the "Company"), a non-profit, Virginia nonstock corporation, to approve the issuance of a revenue bond in an amount not to exceed $8,000,000 ("Bond") to assist the Company in (1) refinancing the Industrial Development Authority of Albemarle County, Virginia's $5,000,000 Variable Rate Community Services Facilities Revenue Bonds (Region Ten Community Services Board, Inc.), Series 1999, issued on August 31, 1999 originally issued to finance and refinance Company facilities located in the County of Albemarle, Virginia and the City of Charlottesville, Virginia (2) financing the acquisition, construction, renovation and equipping of the property known as Mountainwood, to house the Company's administrative offices and community services, located on an approximately 9 acre tract of land on Old Lynchburg Road, in the County of Albemarle, Virginia and (3) financing the acquisition, construction, renovation and equipping of the Nelson County Counseling Center located at Tanbark Plaza, Lovingston, Virginia in the County of Nelson, Virginia (collectively, the "Project"), and has held a public hearing on December 7,2006; WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds; WHEREAS, a portion of the Project is to be located in the County of Albemarle, Virginia (the "County") and the Board of Supervisors of the County of Albemarle, Virginia ("Board") constitutes the highest elected governmental unit of the County; WHEREAS, in accordance with Section 147(f) of the Code, the public hearing held by the Authority was within 100 miles of the County; WHEREAS, for purposes of Section 15.2-4906 of the Code of Virginia of 1950, as amended (the "Virginia Code"), the Authority is issuing the portion of the Bond relating to the portion of the Project located in the County on behalf of the County. WHEREAS, the Authority has recommended that the Board approve the issuance of the Bond; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bond, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA: The Board approves the issuance of the Bond by the Authority for the benefit of the Company, as required by Section 147(f) of the Code and Section 15.2-4906 of the Code of Virginia of 1950, as amended ("Virginia Code") to permit the Authority to assist in the financing of the Project. The Board concurs with the resolution to be adopted by the Authority and approves the issuance of the Bond by the Authority for the benefit of the Company as required by Section 15.2-4905 of the Virginia Code. The approval of the issuance of the Bond does not constitute an endorsement to a prospective purchaser of the Bond of the creditworthiness of the Project or the Company. This resolution shall take effect immediately upon its adoption. Attachment 2 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA WHEREAS, the Industrial Development Authority of Fluvanna County, Virginia (the "Authority"), has been asked by Westminster-Canterbury of the Blue Ridge (the "Company"), a non-profit, Virginia nonstock corporation, to approve the issuance of a revenue bond in an amount not to exceed $4,000,000 ("Bond") to assist the Company in financing the costs of capital improvements at the Company's existing residential care retirement facility located at 250 Pantops Mountain Road in the County of Albemarle, Virginia including without limitation the construction and equipping of additional cottages at the facility ("Project"), and has held a public hearing on November 29, 2006; WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds; WHEREAS, the Project is to be located in the County of Albemarle, Virginia (the "County") and the Board of Supervisors of the County of Albemarle, Virginia ("Board") constitutes the highest elected governmental unit of the County; WHEREAS, in accordance with Section 147(f) of the Code, the public hearing held by the Authority was within 100 miles of the County; WHEREAS, for purposes of Section 15.2-4906 of the Code of Virginia of 1950, as amended (the "Virginia Code"), the Authority is issuing the Bond on behalf of the County. and WHEREAS, the Authority has recommended that the Board approve the issuance of the Bond; WHEREAS, a copy of the Authority's resolution approving the issuance of the Bond, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA: 1. The Board approves the issuance of the Bond by the Authority for the benefit of the Company, as required by Section 147(f) of the Code and Section 15.2-4906 of the Virginia Code to permit the Authority to assist in the financing of the Project. 2. The Board concurs with the resolution to be adopted by the Fluvanna Authority and approves the issuance of the Bond by the Authority for the benefit of the Company as required by Section 15.2-4905 of the Act. 3. The approval of the issuance of the Bond does not constitute an endorsement to a prospective purchaser of the Bond of the creditworthiness of the Project or the Company. This resolution shall take effect immediately upon its adoption. Attachment 3 RESOLUTION TO PARTICPATE IN VIRGINIA DEPARTMENT OF TRANSPORTATION REVENUE SHARING PROGRAM FOR FISCAL YEAR 2007 WHEREAS, the County of Albemarle desires to submit an application for allocation of funds of up to $1.5 million through the Virginia Department of Transportation Fiscal Year 2006/07, Revenue Sharing Program ; and WHEREAS, $1.5 million of these funds are requested to fund the Meadow Creek Parkway for new construction between Melbourne Road and 0.0466 miles north Norfolk Southern Railway; and NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby requests that the application for $1.5 million from the Virginia Department of Transportation Revenue Sharing Program be approved. I, Ella W. Carey, do hereby certify that the foregoing writing is a true and correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by a vote of six to zero, recorded below, at a meeting held on December 13, 2006. Attachment 4 RESOLUTION TO SUPPORT AMENDMENTS TO EXISTING WORKFORCE HOUSING LEGISLATION WHEREAS, Prince William County desires to request legislation to amend the Virginia Code by adding ~ 15.2-542 to enable counties under the County Executive form of government broader and less restricted authority to provide housing assistance to local employees; and WHEREAS, proposed Virginia Code ~ 15.2-542 would apply to the County Executive form of Government; and WHEREAS, Albemarle County, like Prince William County, operates under the County Executive form of government; and WHEREAS, the proposed Virginia Code ~ 15.2-542 would broaden existing enabling authority granted in Virginia Code ~ 15.2-958.2; and WHEREAS, the County of Albemarle generally supports the expansion of enabling authority for localities; and WHEREAS, the Albemarle County Board of Supervisors adopted a Strategic Objective stating: "By June 30, 2010, working in partnership with others, increase affordable housing opportunities for those who work and/or live in Albemarle County." NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Albemarle County does hereby support amending the Virginia Code by adding ~ 15.2-542 to allow counties under the County Executive form of government to provide funds, other than state funds, to provide grants, loans and other assistance for county and school board employees, as well as employees of local constitutional officers, to purchase or rent residences, for use as the employee's principal residence, within the county. Attachment 5 The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 6th day of December 2006, adopted the following resolution: RESOLUTION WHEREAS, the street(s) in Crozet Glen Subdivision, described on the attached Additions Form LA-5(A) dated December 13, 2006, fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virqinia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the street(s) meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transportation to add the street(s) in Crozet Glen Subdivision, as described on the attached Additions Form LA-5(A) dated December 13, 2006, to the secondary system of state highways, pursuant to ~33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as described, exclusive of any necessary easements for cuts, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Attachment 6 The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 6th day of December 2006, adopted the following resolution: RESOLUTION WHEREAS, the street(s) in Country Oaks Subdivision described on the attached Additions Form LA-5(A) dated December 13, 2006, fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virqinia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the street(s) meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transportation to add the street(s) in Country Oaks Subdivision as described on the attached Additions Form LA-5(A) dated December 13, 2006, to the secondary system of state highways, pursuant to ~33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as described, exclusive of any necessary easements for cuts, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Attachment 7 The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 6th day of December 2006, adopted the following resolution: RESOLUTION WHEREAS, the street(s) in Marshall Subdivision described on the attached Additions Form LA- 5(A) dated December 13, 2006, fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virqinia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the street(s) meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transportation to add the street(s) in Marshall Subdivision as described on the attached Additions Form LA-5(A) dated December 13, 2006, to the secondary system of state highways, pursuant to ~33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as described, exclusive of any necessary easements for cuts, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Attachment 8 The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 6th day of December 2006, adopted the following resolution: RESOLUTION WHEREAS, the street(s) in Grayrock Subdivision, Phase IV, described on the attached Additions Form LA-5(A) dated December 13, 2006, fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County. Virqinia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the street(s) meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transportation to add the street(s) in Grayrock Subdivision, Phase IV, as described on the attached Additions Form LA-5(A) dated December 13, 2006, to the secondary system of state highways, pursuant to ~33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as described, exclusive of any necessary easements for cuts, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Attachment 9 ORDINANCE NO. 06-18(2) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE II, BASIC REGULATIONS, AND ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAIN ED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article I, General Regulations, Article II, Basic Regulations, and Article III, District Regulations, is hereby amended and reordained as follows: By Amending: Sec. 3.1 Sec. 10.2.1 Sec. 10.2.2 Definitions By right By special use permit By Adding: Sec. 5.1.44 Farm worker housing Chapter 18. Zoning Article I. General Regulations Sec. 3.1 Definitions Farm: The term "farm" means one or more parcels of land, whether such parcels are abutting or not, operated under the same management and whose primary use is agriculture. Farm worker housing, Class A: The term "Farm worker housing, Class A" means: (i) structures located on a farm that are designed and arranged to be occupied exclusively by up to ten (10) persons employed to work on the farm on which the structures are located for seasonal agriculture work or up to ten (10) persons including the farm workers and their immediate families; (ii) the number of such structures designed and arranged for sleeping does not exceed two (2); and (iii) no single structure contains all of the following: provisions for sleeping, eating, food preparation, and sanitation (bathing and/or toilets). Farm worker housing, Class B: The term "Farm worker housing, Class B" means: (i) either structures located on a farm that are designed and arranged to be occupied exclusively by more than ten (10) persons employed to work on the farm on which the structures are located for seasonal agriculture work or more than ten (10) persons including the farm workers and their immediate families, or the number of such structures designed and arranged for sleeping is three (3) or more, regardless of the number of farm workers or their family members who could sleep in such structures; and (ii) no single structure contains all of the following: provisions for sleeping, eating, food preparation, and sanitation (bathing and/or toilets ). Seasonal agriculture work: The term "seasonal agriculture work" means work by a person employed to work on a farm to perform either field work related to planting, cultivating, work related to keeping livestock and/or poultry, or harvesting operations, or work related to canning, packing, ginning, seed conditioning or related agriculture operations, and the work pertains to or is of the kind exclusively performed at certain seasons or periods of the year and which, from its nature, may not be continuous or carried on throughout the year. A person who moves from one seasonal activity to another while employed by the farm to perform agriculture work is engaged in seasonal agriculture work even though he or she may continue to be employed by the farm throughout the year. Article II. Basic Regulations Sec. 5.1.44 Farm worker housing Each farm worker housing facility shall be subject to the following: a. Concept plan to be submitted with application for farm worker housing. Before applying for the first building permit for a farm worker housing, Class A, facility, or in addition to any other information required to be submitted for a farm worker housing, Class B, special use permit, the applicant shall submit a concept plan meeting the requirements of section 5.1.44(b). b. Contents of concept plan. The concept plan shall show the following: (i) the boundary lines of the farm (may be shown on an inset map if necessary); (ii) the location and general layout of the proposed structures at a scale of not more than one (1) inch equals forty (40) feet; (iii) vehicular access, travelways and parking for the facility; (iv) topography (with a contour interval of no greater than ten (10) feet); (v) critical slopes; (vi) streams, stream buffers and floodplains; (vii) source(s) of water for fire suppression; (viii) building setback lines as provided in subsection 5.1.44(g) below; and (ix) outdoor lighting. The concept plan also shall include a written description of each structure's construction and materials used, and the number of persons to be housed in the farm worker housing facility. c. Notice of receipt of concept plan to abutting owners. The zoning administrator shall send notice of the receipt of a concept plan as follows: 1. Farm worker housing, Class A, facility: For each concept plan received for a farm worker housing, Class A, facility, the zoning administrator shall send notice to the owner of each lot abutting the parcel for which a concept plan has been received within ten (10) days after submittal of the concept plan deemed by the zoning administrator to be complete. The notice shall include a copy of the concept plan and shall advise each recipient of the right to submit written comments within ten (10) days of the date of the notice and the right to request planning commission review as provided in section 5.1.44(d). Notice mailed to the abutting owner shall be mailed to the last known address of the owner, and mailing the notice to the address shown on the current real estate tax assessment records of the county shall be deemed compliance with this requirement. The failure of an abutting owner to receive the notice required by this section shall not affect the validity of an approved concept plan or zoning compliance clearance. 2. Farm worker housing, Class B, facility: For each concept plan received for a farm worker housing, Class B, facility, notice to the owner of each lot abutting the parcel for which a concept plan has been received shall be provided in conjunction with the notice required for the special use permit. d. Request for planning commission review and action on farm worker housing, Class A, facility concept plan. An abutting owner to whom notice for a farm worker housing, Class A, facility concept plan under section 5.1.44(c)(1) and who submitted timely written comments about the concept plan as provided therein may request that the planning commission review and act on the concept plan. The request shall be in writing, state the reasons why the commission should review the concept plan, and be filed with the director of planning within ten (10) days after the date of the notice from the zoning administrator. e. Review and action on concept plan. A concept plan shall be reviewed and acted upon as follows: 1. Farm worker housing, Class A, facility. For a farm worker housing, Class A, facility, the concept plan shall be approved by the zoning administrator or the planning commission, as the case may be, before any building permit is issued for the facility. The concept plan shall be approved by the zoning administrator or the commission if it satisfies all applicable requirements of the zoning ordinance and the design is determined to not be a substantial detriment to abutting parcels. In approving the concept plan, the zoning administrator or the commission may impose reasonable conditions to mitigate impacts on abutting parcels arising from facility. The commission shall give due consideration to the recommendations of the zoning administrator, the director of planning and other officials. In addition, the commission may consider such other evidence as it deems necessary for a proper review of the application. 2. Farm worker housing, Class B, facility. For a farm worker housing, Class B, facility, the concept plan shall be reviewed and acted upon in conjunction with the special use permit. f. Farm worker housing facilities; permissible structures. Farm worker housing facilities shall not use motor vehicles or major recreational equipment, as that term is defined in section 4.12.3(b)(1) of this chapter, to provide for sleeping, eating, food preparation, or sanitation (bathing and/or toilets). g. Minimum yards. Notwithstanding any other provision of this chapter, the minimum front yard shall be seventy-five (75) feet. The minimum side and rear yards shall be fifty (50) feet. All yards shall be measured from the farm worker housing structures. h. Zoning compliance clearance. The owner shall obtain a zoning compliance clearance from the zoning administrator as provided in section 31.2.3.2 of this chapter before a farm worker housing facility is occupied, subject to the following additional requirements: 1. The applicant shall apply for a zoning compliance clearance at least thirty (30) days prior to the first expected occupation of the farm worker housing facility. The application shall be submitted to the zoning administrator. 2. The zoning compliance clearance application shall include all of the following information: a. Written approval of the farm worker housing facility as a migrant labor camp under 12 V AC 5-501-10 et seq., the food preparation area, the private water supply, and the septic disposal system by the Virginia Department of Health. b. Approval of the access to the site from a public street by the Virginia Department of Transportation; provided that nothing herein shall be deemed to require that a commercial entrance be constructed unless such an entrance is required by the Virginia Department of Transportation. c. Written approval of the adequacy of the access to the site for emergency vehicles by the fire marshal. d. Written approval of the adequacy of the structures intended for human habitation by the building official. 3. Upon the zoning administrator's determination that all requirements of the zoning ordinance are satisfied, that all conditions of the special use permit authorizing a farm worker housing, Class B, facility, are satisfied, and upon receipt of the approvals and documents required in section 5.1.44(h)(2), the zoning administrator shall issue a zoning compliance clearance for the facility. i. Use of farm worker housing facility by workers and their families only. A farm worker housing facility shall be occupied only by persons employed to work on the farm on which the structures are located for seasonal agriculture work and their immediate families as provided herein. j. Use of farm worker housing facility when not occupied. When not occupied by seasonal farm workers, farm worker housing facilities may be used for any use accessory to a primary agriculture use. Article III. District Regulations Sec. 10.2.1 By right The following uses shall be permitted in any RA district subject to the requirements and limitations of these regulations: 23. Farm worker housing, Class A (up to ten occupants and up to two sleeping structures) (reference 5.1.44). Sec. 10.2.2 By special use permit - The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4: (Added 10-9-02) 51. Farm worker housing, Class B (more than ten occupants or more than two sleeping structures) (reference 5.1.44). COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Work Session on Regulating the Discharge of Firearms AGENDA DATE: December 13, 2006 ACTION: X INFORMATION: SU BJ ECT IPROPOSALlREQU EST: Discussion of alternatives to amend and update County Code regulating firing firearms in the County CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S):. Tucker, Foley, Davis ATTACHMENTS: Yes LEGAL REVIEW: Yes REVIEWED BY: BACKGROUND: Due to a recent shooting incident in a rural subdivision and at the request of the Commonwealth's Attorney, the Board asked that staff review the existing County ordinances and enabling authority to determine if additional appropriate restrictions could be placed on shooting firearms in areas where it creates a danger to public safety and to assure that the County Code was in compliance with enabling legislation. A preliminary draft ordinance was reviewed by the Board at its September 6th meeting and a revised draft was discussed at the November 1 st meeting. The Board asked that staff prepare alternative approaches for the Board's consideration and that this matter be placed on a future agenda for further discussion. STRATEGIC PLAN: Goal: 1: Enhance the Quality of Life for all Albemarle County Residents. DISCUSSION: Staff has prepared the attached "Alternative Proposals to Regulate the Discharge of Firearms". (See Attachment A) It presents possible definitions, exceptions, and regulatory options and six alternatives for the Board's discussion. Each alternative has a brief analysis of advantages and disadvantages. If the Board reaches consensus on an alternative approach, the County Attorney can draft an ordinance that would implement that approach which can then be set for public hearing. BUDGET IMPACT: An ordinance adopted to implement restrictions on discharging firearms will not have any significant budget impact. RECOMMENDATIONS: This information and the attached "Alternative Proposals to Regulate the Discharge of Firearms" are prepared for the Board's further discussion. If the Board finds it appropriate to regulate the discharge of firearms throughout the County except in the RA District and in RA Subdivisions upon petition, staff recommends Alternative 5. If the Board finds it appropriate to regulate the discharge of firearms countywide, staff recommends Alternative 6. ATTACHMENTS: Attachment A - "Alternative Proposals to Regulate the Discharge of Firearms" Attachment B - November 1,2006 Executive Summary Attachment C - Virginia Code S 29.1-527 Attachment D - Virginia Code S 29.1-529 06.181 Attachment A ALTERNATIVE PROPOSALS TO REGULATE DISCHARGE OF FIREARMS PROPOSED DEFINITIONS: Dwelling: A building, a part of a building, a mobile or manufactured home, or other enclosed space that is used or intended for use as a place where one or more people reside. The term shall not include a hunting cabin. Firearm: A rifle, shotgun, pistol, air gun, air rifle, BB gun, pellet gun or similar devices, designed to expel a projectile through a gun barrel of any length by means of explosives or expansion or release of compressed air or gas. Residential district: Any district described as YR, R-l, R-2, R-4, R-6, R-l 0, R-15, NMD, PUD or PRD on the official zoning map of the county. PROPOSED EXCEPTIONS: 1. The discharge of firearms in defense of person or property as otherwise permitted by law; (in current county code) 2. The discharge of fiream1s on any target, trap or skeet range or hunting preserve lawfully existing upon the date of adoption of this section or hereafter established in compliance with all other provisions of this Code or other county ordinances or state law; 3. The discharge of firearms on any target or rifle range established and operated by the police or other law enforcement department; 4. The discharge of firearms in a private below ground level basement or cellar target range; 5. The discharge of firearms to kill any dangerous or destructive wild animal; 6. The discharge of firearms to legally euthanize any sick or wounded animal; 7. The discharge of firearms by any duly authorized police officer or law enforcement official acting in the proper performance of his duties; 8. The discharge of firearms with blank cartridges in theatrical performances, sporting events, or in the firing of salutes at military funerals or other military affairs. 9. The discharge oftirearms for the purpose of killing deer pursuant to Va. Code S 29.1-529, on land of at least five acres that is zoned RA. (required by state law, see Attachment D) PROPOSED OPTIONS FOR RESTRICTED AREAS: A. Residential Districts. Within boundaries of all residential districts. (area restricted under current County Code) B. County wide safety zone. County wide - within 200 yards from any dwelling (without permission of the owner or occupant), business establishment, public building, public gathering, or public meeting place. (distance of restricted area could be reduced)(concept included in draft ordinance previous~v discussed by Board) C. County wide except in RA. County wide except property that is zoned RA. D. RA subdivisions by petition. Within platted boundary of an RA zoned subdivision if approved by ordinance upon petition of the owners of the majority of the lots within the subdivision. E. RA safety zone. RA zoning district - within 200 yards from any dwelling (without permission of the owner or occupant), business establishment, public building, public gathering, or public meeting place within the RA zoning district. (distance of restricted area could be reduced)(concept included in draft ordinance previously discussed by Board) 1 Attachment A F. School and park restrictions. Within 100 yards of any property line of a public school or county or regional park. (enabled by Virginia Code c9 29.1-527, see Attachment C) ALTERNATIVE 1: Option A (residential districts) {no change to County Code} Advantages: 1. Has been in effect since 1981 withfew enforcement problems. 2. Prohibits shooting in most growth area subdivisions. (NMD district needs to be added to definition of "residential district ') Disadvantages: 1. Does not apply to commercial areas of the county. Shooting that is not "reckless" can occur in non-residential districts. 2. Does not apply to RA subdivisions. 3. Does not apply to commercial buildings, schools, parks, or public meeting places in areas of the County zoned RA or non-residential. 4. Does not provide for any exceptions except exception (l). (Other exceptions could be added to existing County Code) ALTERNATIVE 2: Option A (residential districts) plus Option B (county wide safety zone) {draft ordinance presented to Board on November 1, 2006} Advantages: 1. Option A component continues to protect residentially zoned districts. 2. Option B component has been successfully adopted and administered in similar localities. (Chesterfield, Prince William, Hanover, and Fauquier) 3. Uniformly applies to similar structures throughout county. Would apply to all neighborhoods, businesses, and public places. 4. Would prohibit shooting close to where people, live, work, or meet. Disadvantages: 1. May create false sense of safety ifcareless shooting still occurs more than 200 yards from structures or residential districts. 2. 200 yards could overly restrict responsible hunting in rural areas. (distance can be reduced, other ordinances have a 100 yard distance) 3. May be inconsistent with reasonable expectation of permitted shooting activities in rural areas. ALTERNATIVE 3: Option C (County wide except in RA) Advantages: 1. Protects all residential and commercial zoned properties. 2. Eliminates issues related to establishing "safety zones ". 3. Would not restrict hunting or shooting in rural areas. Disadvantages: 1. Would not apply to dwellings or subdivisions in areas of the County zoned RA. 2. Would not apply to commercial buildings, schools, parks, or public meeting places in areas of the County zoned RA. 2 Attachment A ALTERNATIVE 4: Option C (County wide except in RA) plus Option D (RA subdivisions by petition) Advantages: J. Same as Alternative3 except it would apply in RA subdivisions where ordinance is initiated by property owners. 2. May not unnecessarily restrict hunting or shooting in rural areas. Disadvantages: J. Would not apply to all dwellings or subdivisions in areas of the County zoned RA. 2. Would not apply to commercial buildings, schools, parks. or public meeting places in areas of the County zoned RA. 3. Option D component would require neighborhoods to take position on potentially divisive and emotional issue to meet petition requirement. 4. Option D could require the Board to hold multiple public hearings on ordinances to include individual subdivisions in restricted areas. 5. Would be more complicated to enforce because boundaries of subdivisions are not clearly delineated and restrictions would not appZv generally. 6. May not create substantial protected area for dwellings on the boundaries of RA subdivisions that petition to be included. (houses could be located as close as 20 feet from RA area outside of platted subdivision) ALTERNATIVE 5 Option C (County wide except in RA) plus Option D (RA subdivisions by petition) plus Option F (school and park restrictions) Advantages: J. Same as Alternative 4 except would provide J 00 yard safety zone from property line of schools and parks. Disadvantages: J. Same as Alternative 4 except it would provide J 00 yard safety zone from property line of schools and parks. ALTERNATIVE 6 Option C (County wide except in RA) plus Option E (RA safety zone) Advantages: 1. Option C component protects residential and commercial zoned districts. 2. Option E component has been successfiilly adopted and administered in similar localities. (Chesterfield, Prince William, Hanover, and Fauquier) 3. Uniformly applies to similar structures throughout the RA zoning district. Would apply to all rural zoned neighborhoods, businesses, and public places. 4. Would prohibit shooting close to where people, live, work, or meet in the rural areas. Disadvantages: J. May create false sense of safety if careless shooting still occurs more than 200 yards from structures or subdivisions in the rural areas. 2. 200 yards could overly restrict responsible hunting in rural areas. (distance can be reduced, other ordinances have a J 00 yard distance). 3. May be inconsistent with reasonable expectation of permitted shooting activities in rural areas. 3 Attachment B - Nov. 1, 2006 Executive Summary COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Ordinance to amend County Code S 10-107 Firearms-Discharging within residential districts and S 10-109 Standing or walking with loaded rifle or shotgun AGENDA DATE: November 1, 2006 ACTION: X INFORMATION: SU BJ ECT/PROPOSALlREQU EST: Discussion of proposed ordinance to amend and update County Code regulating firing and carrying firearms in certain areas CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes STAFF CONTACT(S):. Tucker, Foley, Davis REVIEWED BY: LEGAL REVIEW: Yes BACKGROUND: Due to a recent shooting incident in a rural subdivision and at the request of the Commonwealth's Attorney, the Board asked that staff review the existing County ordinances and enabling authority to determine if additional appropriate restrictions could be placed on shooting firearms in areas where it creates a danger to public safety and to assure that the County Code was in compliance with enabling legislation. A preliminary draft ordinance was reviewed by the Board at its September 6th meeting and the Board asked that this matter be placed on a future agenda for further discussion and input from the Commonwealth's Attorney and the Chief of Police. A revised draft ordinance has been prepared and is attached for purposes of discussion. Virginia Code S 15.2-1209 enables counties to prohibit the outdoor shooting of firearms or arrows from bows in areas of the county which are in the opinion of the governing body so heavily populated as to make such conduct dangerous to the inhabitants thereof. Pursuant to this authority Albemarle County has existing County Code S 10-107 restricting the discharge of firearms within subdivisions that are within residential zoning districts. This code section, however, does not restrict the discharge of a firearm in an RA subdivision or within any non-residential zoning district. Virginia Code S 15.2-1209.1 enables counties to prohibit any person from carrying or having in his possession a loaded firearm while on any part of a public highway within the county. Pursuant to this authority Albemarle County has existing County Code S 10-109 restricting such conduct. However, a 2004 amendment to the enabling authority now requires an exemption in any local ordinance for persons authorized to hunt on the private property on both sides of the highway along which he is standing or walking. County Code S 10-109 currently does not contain this required exemption. The Virginia Code also enables counties to adopt ordinances regulating the transporting of a loaded rifle or shotgun in a vehicle on public roads, hunting within fifty feet of any primary or secondary highway and shooting in or across any road or within the right of way. County Code SS 10-108, 10-110, and 10-111 exist which establish these restrictions consistent with state law. STRATEGIC PLAN: Goal: 1: Enhance the Quality of Life for all Albemarle County Residents. DISCUSSION: Virginia Code S 15.2-1209 enables the governing body to determine which areas of a county are so heavily populated so as to make shooting of firearms or arrows dangerous to the inhabitants thereof. Pursuant to this authority localities such as Chesterfield, Hanover, Fauquier, and Prince William have restricted shooting of firearms in close proximity to certain dwellings or structures. The Chesterfield ordinance, for example, restricts discharging any firearm within 200 yards of a dwelling of another, a business establishment, a public building, a public gathering, or a public meeting place. This approach designates areas of the county where discharging a firearm may reasonably endanger people who have a legitimate expectation to be safe from such activities. Counties generally have found a reasonable distance from dwellings or structures within which to restrict discharging a firearm to be from 100 yards to 200 yards. Attachment B - Nov. 1, 2006 Executive Summary The attached draft ordinance to amend County Code ~ 10-1 07continues the existing restriction on discharging firearms within residential zoned subdivisions but in addition restricts discharging a firearm anywhere in the County within 200 yards of a dwelling of another, a business establishment, a public building, a public gathering, or a public meeting place. This restriction would address shooting in close proximity to dwellings of others located in the RA district and address the discharging of firearms in other non-residential districts. Currently there is no ordinance prohibiting the discharge of firearms in commercial districts in the County. The proposed ordinance would also amend the definition of residential district to include the Neighborhood Model District. In addition, the ordinance includes an exception, now required by state law, to permit shooting deer on five acre lots zoned for agricultural use when the shooting is authorized by the Department of Game and Inland Fisheries. The proposed ordinance does not address the shooting of arrows. The attached revised draft ordinance differs somewhat from the draft ordinance previously reviewed by the Board on September 6th. The attached ordinance allows for a discharge of a weapon within 200 yards of a dwelling with prior written permission of the owner or occupant of the dwelling. It also sets forth an additional seven circumstances where discharging a firearm is permitted. The total of nine circumstances where discharging a firearm is permitted is set forth in Subsection C of Section 10-107. As a housekeeping measure, the proposed ordinance also amends County Code ~ 10-109 to include the exception to the prohibition of carrying a loaded firearm on a public highway if the person carrying the firearm is authorized to hunt on the private property on both sides of the highway along which he is standing or walking. The exception is required by the state enabling authority. BUDGET IMPACT: This ordinance does not have any anticipated budget impact. RECOMMENDATIONS: This information and draft ordinance is prepared for the Board's further discussion. ATTACHMENTS: Attachment A-- Ordinance to amend County Code ~~ 10-107 and 10-109 (September 7, 2006 Draft) Attachment B-- Virginia Code ~~ 15.2-1209 and 15.2-1209.1 2 Attachment B - Nov. 1,2006 Executive Summary Attachment A - Draft Ordinance: September 7,2006 ORDINANCE NO. 06-10(x) AN ORDINANCE TO AMEND CHAPTER 10, OFFENSES--MISCELLANEOUS, 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 10, Offenses--Miscellaneous, of the Code of the County of Albemarle, is hereby amended and reordained as follows: By Amending: Sec. 10-107 Firearms-Discharging within residential districts Sec. 10-109 Standing or walking with loaded rifle or shotgun CHAPTER 10. OFFENSES--MISCELLANEOUS Sec. 10-107 Firearms--Discharging within residential districts: 200 yard safety zone. A. It shall be unlawful for any person to discharge any firearm within the boundaries of any residential district within the county, provided, however, that no person discharging a fiream1 within such a district in defense of person or property as other.vise pennitted by 1m,>,' shall be deemed to have violated this section. B. It shall be unlawful for any person tPcl~(;harge any firearm an'ffi'h~re in the county within 200 yards of a (i) dwelling of another withmlUl:!e~j:)rior written oel111ission of the owner or occuoant of the dwellin~-1iiLbusin~~s establishment; (iii) public building; (iv). publicgatherinlZ; or (ivLpublic meeting ].1lace. r~o.c-cc NotwithstandingJlroyisionsJ&al1Qj])~QischarlZinlZ a firearm within such restricted areas is R~llTIitted in the followinK.\;ircumstances: 1. The discharge offir~<lIJ11s in defense Qfp~rson or nropertY<l~ otherwise peIl11iJted bv law: ~. The dischaflZe offirearm~on an~Jarget, trao or ske~tranlZe or huntingRreserve lawfully ~xistin~ upon the date of adoption Qfthis section or hereafter establish~d in compliance with all other IJfOvisions of this Code or other countborcjinanc.es or sta!~ law; 3.. The discharge Of firearms on ~ID' target or riJl~ ranlZe established and opqgted bv the IJQ]iceor other law enforcement department 4 The discharReof fireanns inaJJ..Ijvate_belo~roundlevelbasement or cellar tarlZet ranRe.; 5. The dischame of firearms Jokill any d;:lIlgerous or destructive wild q,J1irnal; 6. The discl:!ame of firea~ to legal1y~uthanize any!,ick or wounqed animal: 7, The dischame of firearms ~arlYcduly authorized 120lice officer or law enforcement official ;li;Jin...,g in the prooer oerfonnance ofhisdlJtiei3~ 8 The dischame oiflrearms v,ritbJ:>lank cartrigges in theil!Jjcal oerfol111<j.1Jces. soortiDg~yents. Qr in t~_firinlZ oLsallltes at mililgry funeral~_9L.other militarY affairs. ~L.Jhe disch~rge offirearo1s.Jor th~.P.ll.rlJoseQflsil1inlZ deer pursuant ill V<-I.~ode S 2~J:-2l2, Doland of at ka~tfl\leaCresthatis zone.d.EAc BQ. Any person violating this section shall be liable for a penalty of not less than twenty-five dollars ($25.00) nor more than one thousand dollars ($1,000.00) for each such violation. Gf;. For purposes of this section, "residential district" shall mean any district described as VR, R-l, R-2, R-4, R-6, R-lO, R-15, ~MD, PUD or PRD on the official zoning map of the county. 3 Attachment B - Nov. 1, 2006 Executive Summary Attachment A - Draft Ordinance: September 7,2006 (9-19-74; 6-10-81; Code 1988, S 13-9; Ord. 98-A(1), 8-5-98) State law reference--For state law as to authority of county to adopt this section, see Va. Code ~ 15.2-1209. Sec. 10-109 Standing or walking with loaded rifle or shotgun. A. It shall be unlawful for any person to carry or have in his possession while on any part of a public highway within the county a loaded rifle or shotgun when sU~~Q.!lj~J12t authorized to hunt on the ~J2fODertv on both sides ofthe_highw~y~LQng which he is standing or walking. B. Any person violating this section shall be liable to a fine not to exceed one hundred dollars (S100.00) for each such violation. C. All law-enforcement officers authorized to act as such within the county shall have the power to enforce this section, including but not limited to all duly appointed and acting game wardens. D. Loaded rifle or shotgun as used in this section is defined as a rifle or shotgun with ammunition within the action chamber, magazine or clip which is within or on the rifle or shotgun. E. The provisions of this section shall not apply to persons carrying loaded firearms in moving vehicles nor to persons acting at the time in defense of persons or property. (3-11-81; Ord. of9-15-93; Code 1988, S 13-9.2; Ord. 98-A(1), 8-5-98) State law reference--State law as to authority of county to adopt this section, Va. Code ~ 18.2 287 ~Jj_,~:jl09.1. 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, Virginia, by a vote of _ to _, as recorded below, at a regular meeting held on . Aye Nay Mr. Boyd Mr. Dorrier Mr. Rooker Mr. Slutzky Ms. Thomas Mr. Wyant 4 Attachment B - Nov. 1, 2006 Executive Summary Attachment B - Va. Code 99 15.2-1209,15.2-1209.1 ~ 15.2-1209. Prohibiting outdoor shooting of firearms or arrows from bows in certain areas. Any county may prohibit the outdoor shooting of firearms or arrows from bows in any areas of the county which are in the opinion of the governing body so heavily populated as to make such conduct dangerous to the inhabitants thereof. For purposes ofthis section, "bow" includes all compound bows, crossbows, longbows and recurve bows having a peak draw weight of 10 pounds or more. The term "bow" does not include bows that have a peak draw of less than 10 pounds or that are designed or intended to be used principally as toys. The term "arrow" means a shaft-like projectile intended to be shot from a bow. Any county that prohibits the outdoor shooting of firearms or arrows from bows shall provide an exemption for the killing of deer pursuant to 9 29.1-522. Such exemption for the shooting of firearms shall apply on land of at least five acres that is zoned for agricultural use. Such exemption for the shooting of arrows from bows shall apply on land of at least two acres that is zoned for agricultural use. (Code 1950,9 15-20.3; 1954, c. 223; 1962, c. 623, 9 15.1-518; 1968, c. 294; 1992, c. 600; 1993, c. 367; 1995,c.284; 1997,c. 587; 2000, c. 229; 2004, c. 930;2005,c. 564.) ~ 15.2-1209.1. Counties may regulate carrying of loaded firearms on public highways. The governing body of any county is hereby empowered to adopt ordinances making it unlawful for any person to carry or have in his possession while on any part of a public highway within such county a loaded firearm when such person is not authorized to hunt on the private property on both sides of the highway along which he is standing or walking; and to provide a penalty for violation of such ordinance not to exceed a fine of $1 00. The provisions of this section shall not apply to persons carrying loaded firearms in moving vehicles, or to persons acting at the time in defense of persons or property. (Code 1950,918.1-272; 1975, cc. 14, 15,9 J8.2-287; 2004, c. 462.) 5 Attachment C ~ 29.1-527. Counties, cities or towns may prohibit hunting near public schools and county, city, town or regional parks. The governing body of any county, city or town may prohibit by ordinance, shooting or hunting with a firearm, or prohibit hunters from traversing an area while in possession of a loaded firearm, within 100 yards of any property line of a public school or a county, city, town or regional park. The governing body may, in such ordinance, provide that any violation thereof shall be a Class 4 misdemeanor. Nothing in this section shall give any county, city or town the authority to enforce such an ordinance on lands within a national or state park or forest, or wildlife management area. (1985, c. 485,929-144.5:1; 1987, c. 488.) Attachment D ~ 29.1-529. Killing of deer or bear damaging fruit trees, crops, livestock, or personal property or creating a hazard to aircraft or motor vehicles. A. Whenever deer or bear are damaging fruit trees, crops, livestock or personal property utilized for commercial agricultural production in the Commonwealth, the owner or lessee of the lands on which such damage is done shall immediately report the damage to the Director or his designee for investigation. If after investigation the Director or his designee finds that deer or bear are responsible for the damage, he shall authorize in writing the owner, lessee or any other person designated by the Director or his designee to kill such deer or bear when they are found upon the land upon which the damages occurred. However, the Director or his designee shall have the option of authorizing the capture and relocation of such bear rather than authorizing the killing of the bear, provided that the relocation occurs within a reasonable period of time; and whenever deer cause damage on parcels of land of five acres or less, except when such acreage is used for commercial agricultural production, the Director or his designee shall have discretion as to whether to issue a written authorization to kill the deer. The Director or his designee may limit such authorization by specifying in writing the number of animals to be killed and duration for which the authorization is effective and may in proximity to residential areas and under other appropriate circumstances limit or prohibit the authorization between 11 :00 p.m. and one-half hour before sunrise of the following day. The Director or his designees issuing these authorizations shall specify in writing that only antlerless deer shall be killed, unless the Director or his designee determines that there is clear and convincing evidence that the damage was done by deer with antlers. Deer or bear killed pursuant to such authorization shall be utilized or disposed of within 24 hours of being killed. Any owner or lessee ofland who has been issued a written authorization shall not be issued an authorization in subsequent years unless he can demonstrate to the satisfaction of the Director or his designee that during the period following the prior authorization, the owner or his designee has hunted bear or deer on the land for which he received a previous authorization. B. Subject to the provisions of subsection A, the Director or his designee may issue a written authorization to kill deer causing damage to residential plants, whether ornamental, noncommercial agricultural, or other types of residential plants. The Director may charge a fee not to exceed actual costs. The holder of this written authorization shall be subject to local ordinances, including those regulating the discharge of firearms. C. Whenever deer are creating a hazard to the operation of any aircraft or to the facilities connected with the operation of aircraft, the person or persons responsible for the safe operation of the aircraft or facilities shall report such fact to the Director or his designee for investigation. If after investigation the Director or his designee finds that deer are creating a hazard, he shall authorize such person or persons or their representatives to kill the deer when they are found to be creating such a hazard. D. Whenever deer are creating a hazard to the operation of motor vehicle traffic within the corporate limits of any city, the operator of a motor vehicle may report such fact to the Director or his designee for investigation. If after investigation the Director or his designee finds that deer are creating a hazard within such city, he may authorize responsible persons, or their representatives, to kill the deer when they are found to be creating such a hazard. The carcass of every deer or bear so killed may be awarded to the owner or lessee by the Director or his Attachment D designee, who shall give such person a certificate to that effect on forms furnished by the Department. Any person awarded a deer or bear under this section may use the carcass as ifhe had killed the animal during the hunting season for deer or bear. E. Whenever deer are damaging property in a locality in which deer herd population reduction has been recommended in the current Deer Management Plan adopted by the Board, the owner or lessee of the lands on which such damage is being done may report such damage to the Director or his designee for investigation. If after investigation the Director or his designee finds that deer are responsible for the damage, he may authorize in writing the owner, lessee or any other person designated by the Director or his designee to kill such deer when they are found upon the land upon which the damages occurred. The Director or his designee also may limit such authorization by specifying in writing the number of animals to be killed and the period of time for which the authorization is effective. The carcass of every deer so killed may be awarded to the owner or lessee by the Director or his designee, who shall give such person a certificate to that effect on forms furnished by the Department. Any person awarded a deer under this section may use the carcass as if he had killed the animal during the hunting season for deer. The requirement in subsection A of this section, that an owner or lessee ofland demonstrate that during the period following the prior authorization deer or bear have been hunted on his land, shall not apply to any locality that conducts a deer population control program authorized by the Department. F. The Director or his designee may revoke or refuse to reissue any authorization granted under this section when it has been shown by a preponderance of the evidence that an abuse of the authorization has occurred. Such evidence may include a complaint filed by any person with the Department alleging that an abuse of the written authorization has occurred. Any person aggrieved by the issuance, denial or revocation of a written authorization can appeal the decision to the Department of Game and Inland Fisheries. Any person convicted of violating any provision of the hunting and trapping laws and regulations shall be entitled to receive written authorization to kill deer or bear. However, such person shall not (i) be designated as a shooter nor (ii) carry out the authorized activity for a person who has received such written authorization for a period of at least two years and up to five years following his most recent conviction for violating any provision of the hunting and trapping laws and regulations. In determining the appropriate length of this restriction, the Director shall take into account the nature and severity of the most recent violation and of any past violations of the hunting and trapping laws and regulations by the applicant. No person shall be designated as a shooter under this section during a period when such person's hunting license or privileges to hunt have been suspended or revoked. G. The Director or his designee may authorize, subject to the provisions of this section, the killing of deer over bait within the political boundaries of any city or town in the Commonwealth when requested by a certified letter from the governing body of such locality. (Code 1950,929-145.1; 1954, c. 686; 1956, c. 684; 1958, cc. 315, 609; 1960, c. 129; 1962, c. 229; 1970, c. 79; 1980, c. 271; 1987, cc. 48, 488; 1991, c. 99; 1993, cc. 204, 273; 1994, c. 571; 1996, c. 314; 1998, c. 179; 1999, c. 563; 2000, c. 6; 2002, c. 174; 2003, cc. 123, 135; 2004, c. 447.) 2 Sheriff COUNTY OF ALBEMARLE Office of the Sheriff' Albemarle Count' Courthouse Edgar S. Robb Sheriff 41 () East High Street Charlottesville. Virginia 22'102 December 13, 2006 Edgar S. Hohh Sherif! Tcle[lhone : 434-'J72-4IHII Fax #: 434-'172-4(165 Mr. Dennis Rucker Chairman, Albemarle Board Of Supervisors Remarks of Sheriff Edgar S. Robb at meeting ofBOS 12/13/06 Mr. Chairman, lady and gentlemen; members of the Albemarle County Board of Supervisors. I appear here today to state my position related to your study of the present firing of firearms in Albemarle County. Please understand that I have no problem, in fact I feel it is your duty and responsibility to review all County regulations and ordinances. If there is no review there certainly will be no changes to meet changing times and conditions. I also am committed, as a former legislator and long time law enforcement officer to the concept that we must deal with criminals and criminal behavior as we deal with the crime. This approach is difficult, yet most effective. To change the law or make it more restrictive than State law will simply increase the number of citizens treated as criminals and increase the amount of time that law enforcers will be investigating complaints that are very difficult to prove. These changes will be fine for the legal profession but not the people we work for. The present State code addresses adequately present criminal behavior related to the reckless and criminal use of firearms in Albemarle County. To place Albemarle law enforcers in a position of requiring them to use more discretion and therefore, more inconsistent enforcement is not in the best interest of the citizens. I would urge you to review present State code and realize that the present laws meet the requirements of granting a good "quality of life" It is with highest rega;ds I am, ~.\." >-" C Edgar S. Robb Sheriff COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Mountain Overlay District and Rural Areas Resource Protection Work Session AGENDA DATE: December 13, 2006 ACTION: x INFORMATION: SU BJ ECT IPROPOSAUREQU EST: Protection of Albemarle's Rural Areas Resources CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S):. Tucker, Foley, Davis, Kamptner, Graham, Cilimberg, Benish, McDowell ----'" ATTACHMENTS: Yes / I REVIEWED BY: I. LEGAL REVIEW: Yes BACKGROUND: On September 13, 2006, the Board of Supervisors held a work session to discuss the Mountain Overlay District (MOD) Committee's recommendations for a three-part program to "protect the economic, cultural, and natural resources of Albemarle County's mountains." The Committee's report advised, "several aspects of the proposal, such as enhanced protection for critical slopes, might be appropriate for general application in the County's Rural Areas." The Board directed staff to investigate extending the protection measures recommended in the MOD framework to the rest of the Rural Areas and to schedule a joint meeting with the Planning Commission to review this report. A copy of the proposed MOD framework is attached as reference (Attachment A). The Board did not vote on the Mountain Overlay District Resolution of Intent. STRATEGIC PLAN: Goal 2: Protect the County's natural resources. DISCUSSION: The Proposal for Protection of Albemarle County's Mountain Resources recommended by the MOD Committee consists of what the Committee referred to as a "three-legged stool." This three-part program includes: a) a mountain ordinance framework that focuses on protection of the MOD environment; b) principles that would mandate and govern Rural Cluster Subdivisions; and (c) public acquisition of interests in land. The Committee stressed that all three "legs" would provide the comprehensive approach needed for protecting the lands in the Mountain Overlay District (Attachment A). As the Board requested, this work session is to review an assessment of applying the MOD recommendations throughout the Rural Areas. Staff's analysis of applying the MOD recommendations throughout the Rural Areas is available in Attachment B. The format for this review includes the actual MOD framework quoted from the individual components, applicable comprehensive plan policies, existing ordinance regulations, and a question/answer segment to discuss some of the issues. BUDGET IMPACT: When the Board has determined the direction regarding each of these regulations, staff will prepare a budget impact analysis. It is anticipated that additional staff resources would be required to process, inspect, and enforce many of these additional regulations. If the Board elects to do so, those additional costs may be recovered in permit fees. Additionally, it is anticipated that providing accurate surveys and detailed plans, as well as any additional permit fees, would increase upfront costs to builders. It is anticipated that all of the builder's costs would be passed on to the future homebuyers. While economic theory suggests these increased costs would constrain development activity in the Rural Areas, staff cannot speculate on whether the additional costs would have an appreciable effect on the rate of Rural Areas development. BoS report 12 13 06 work session .doc Page 1 of 9 AGENDA TITLE: Mountain Overlay District and Rural Areas Resource Protection Work Session December 13, 2006 Page 2 RECOMMENDATIONS: The purpose of this work session is to provide an opportunity for the Board and Planning Commission to give staff direction. Based on direction given at this work session, staff would develop both a Resolution of Intent and ordinance amendments to comply with the Board's direction. To be able to proceed with that effort, staff needs answers to the following questions: 1. Does the Board wish to proceed with any of the MOD Committee recommendations (Attachment B - Part A) and, if so, does the Board wish to limit all of these to a Mountain Overlay District or to expand this to include the entire Rural Areas? If the changes were applied to all Rural Areas property in the same manner, the need to create a Mountain Overlay District is eliminated while creation of the district would be important if any provisions were to be limited to that district. 2. If the Board decides to proceed with any of the proposed changes, which changes would they like brought forward? To assist the Board, the following list describes the possible changes discussed and provides staff's position. a. Critical Slopes. Staff believes applying the critical slopes provision over the entire Rural Areas would be effective at reducing development impacts and protecting natural resources. Staff believes this would provide some, but not all, of the natural resource protection anticipated with the previously considered subdivision phasing and clustering provisions. Staff believes limiting this provision to the MOD would also provide a benefit, but a much smaller one and would increase the complexity of plan reviews by creating two separate standards rather than simplifying with one standard. It should be recognized that this provision can reduce the ability of some properties to exercise all of their development rights, but would provide for at least one dwelling on the property as it currently exists. If applied to the entire Rural Areas rather than the MOD, the number of properties potentially affected would significantly increase. b. Erosion and Sediment Control Plan. Staff believes there is not sufficient benefit for reducing the disturbance area to 2,500 square feet for all building permits, as building permits for new Rural Areas' dwellings all fall within the current 10,000 square foot area threshold. Reducing the area to 2,500 square feet would expand coverage to construction such as additions to houses and garages, which staff considers to have much smaller impacts. If there is interest in pursuing the critical slopes provisions and/or verifying safe access, staff will need to stop allowing use of Agreements in-lieu of a Plan and require complete E&S Plans, which include existing topography and all proposed grading. Ending use of Agreements in-lieu of a Plan does not require any ordinance changes but will significantly increase the amount of work staff must do in both permit review and inspections. It would also increase the cost to applicants for building permits in the Rural Areas. c. Stream Buffers. Staff has previously indicated a 200' buffer width can be justified in the MOD, based on the increased sensitivity of those areas. Staff does not believe water resource protection can justify a 200' stream buffer for the entire Rural Areas. Staff believes including stream buffers for intermittent streams throughout the Rural Areas, as is currently done in the Water Supply Areas, is a justifiable protection of natural resources and consistent with the County's Strategic Plan Goal for enhanced protection of water resources. Including intermittent streams throughout the entire Rural Areas would potentially impact the ability of property owners to exercise all of their development rights, but provisions already in the Water Protection Ordinance allow at least some reasonable use of the property. d. Building Heights. Staff believes protection of ridges and crests provides benefit within the MOD, but there is little benefit in applying this to the entire Rural Areas. Within the MOD, it should be noted that the benefit of limiting building height with respect to the ridgeline has been challenged as having unanticipated impacts, such as encouraging building on the slope near the ridge, which potentially increases both the natural resource impact and visibility. Staff does not believe that BoS report 12 13 06 work session.doc Page 2 of 9 AGENDA TITLE: Mountain Overlay District and Rural Areas Resource Protection Work Session December 13, 2006 Page 3 application of building height restrictions in relation to ridgelines should be applied to the remainder of the Rural Areas. e. Safe Access. Staff believes this provision is already in the Zoning Ordinance, but the ordinance is not specific on what is required and difficult to enforce without seeing grading that demonstrates the requirement is being satisfied. As discussed with E&S Plans, assuring compliance with this provision would require the County to stop allowing Agreements in-lieu of a Plan for new dwellings in the Rural Areas. It should also be noted the Fire/Rescue Department has indicated that safe access is an issue throughout the County. Based on this, staff believes this must be uniformly applied across the entire Rural Areas. f. Waivers and Modifications. Waivers, modifications or variances are available in the Zoning Ordinance. The MOD framework provides clarification of the intent and offers administrative waivers, under certain conditions. To simplify process and assure consistent application, staff believes waivers and modifications should be kept administrative whenever possible and limited to that needed to allow at least some reasonable use of the property. g. Guidelines for Cluster Subdivision Ordinance. The existing regulations apply to both the MOD and the Rural Areas. Staff does not believe that the existing ordinance needs modification. h. Additional Protection for Mountain Resources. Staff believes additional protection measures for the Rural Areas can be explored, but completion of the current efforts should take priority over starting any new effort. ATTACHMENTS A-Proposal for Protection of Albemarle County's Mountain Resources B- Staff analysis of applying the MOD recommendations throughout the Rural Areas C-Discussion Points - ExpandinQ the proposed MOD Stream Buffer provisions Countywide D-Zoninq Ordinance Sections 4.2.5 Waivers and 4.2.6 Exemptions 06.182 80S report 12 13 06 work session .doc Page 3 of 9 Attachment A Proposal for Protection of Albemarle County's Mountain Resources - April!?, 2006 SLBMITTED.doe Proposal for Protection of Albemarle County's Mountain Resources by The Mountain Overlay District (MOD) Committee On June 4, 2003, the Board of Supervisors appointed a Mountain Overlay District Committee. The Board asked the Committee to craft "an acceptable and effective ordinance to protect mountain resources and implement the Mountain Protection Plan" (a section of the Comprehensive Plan adopted in 1998).1 The Committee's diverse membership was also asked to use a consensus process.2 The Committee worked for two years, from April 2004 through April 2006. AI/12 of the Committee's members support this proposal. 3 The Mountain Overlay District (MOD) Committee recommends a three-part program to protect the economic, cultural, and natural resources of Albemarle County's mountains. The recommended program includes: a mountain ordinance focused on protecting the MOD environment; principles that would mandate and govern Rural Cluster Subdivisions in the mountains; and public acquisition of interests in land. Each of these elements is outlined below. The program, as a whole, is designed to get development off critical slopes and out of stream buffer areas and to protect habitats and watersheds, scenic and historic resources, and agricultural and forestal uses of the mountains. It is also designed to conserve properties and their values both within and outside the MOD. Several aspects of this proposal, such as enhanced protection for critical slopes, might also be appropriate for general application in the County's Rural Areas. Because the Committee's charge related to the MOD, however, we have not included broader applications in our proposal. A. Outline of a Mountain Overlay District Ordinance 1. Findings a. Ensuring public safety is of particular concern in Albemarle's mountains. In a few clearly defined areas, unstable mountain slopes are a clear threat to life and property, as evidenced by past debris flows. More generally, difficult access can make successful fire and rescue operations problematic in the mountains. b. The mountains of the County are almost entirely in forest cover with the remaining acres in orchards and pasture. They support a viable forest and agricultural industry that is important to the County's economic well-being. Mountain areas provide critical services in collecting, storing, filtering and releasing water for human consumption and other uses at lower elevations. Maintaining forest cover and protecting headwaters and stream buffers in the mountains are necessary for adequate quantity and quality of water. The mountain forests (like all forests) also protect air quality and help stabilize climate. c. Mountain landowners have important interests in maintaining the use, enjoyment and economic value of their land. Landowners, businesses and citizens throughout the County have important economic and quality-of-life interests in preserving the natural, historic and scenic qualities of the mountains. These economic interests include a substantial tourism industry. d. Mountain areas are a system of slopes that extend for greater distances and may be considerably steeper than slopes at lower elevations. Disturbance of steep slopes in these areas is of particular concern because of the presence of more erodible soils than in other areas and the length of the grade on such slopes. I "Mountain Overlay District" memorandum from Joan McDowell to the Mountain Overlay District Committee, March 16,2004. 2 Ibid. and "Mountain Overlay District Committee Meeting Notes," AprilS, 2004. 3 A 13th member, Katie Hobbs, moved to Georgia in latc 2005. ATTACHMENT A Page I of 5 Pages Proposal for Protection of Albemarle COllnty's MOllntain Resources - April 17, 2006 SliBl\lITTED.doc e. The mountain areas support native biological diversity and offer prime habitat for hunting and wildlife observation. Declines in diversity are threatened by fragmentation of habitat - the dividing of large areas into smaller parcels - and the resulting disruption of forest cover. f. The mountains provide an important and unique aesthetic and cultural resource. The relatively pristine, wooded character of the County's high elevations - the blue backdrop of the mountains - defines much of the character of Albemarle County and has served as an inspiration and cultural landmark for residents since colonial times. 2. Purposes of Ordinance Based on these findings, the Committee proposes an ordinance to achieve the following purposes in mountain areas: a. Protect public safety b. Protect headwater streams, water quantity and quality, and public drinking water reservoir capacity c. Reduce impacts of development on native biological diversity (natural heritage) d. Preserve properties and their values both within and outside the MOD e. Protect agricultural and forestal soils and uses f. Protect scenic qualities and cultural and other historical resources 3. Definitions a. Mountain Ordinance District (MOD). The ordinance would use the same lower boundary lines for the MOD as the proposed 1998 ordinance. It would apply to parcels that lie wholly or partially within those boundary lines. b. Ridge Area. A "ridge area" within the MOD would be defined as within 100 vertical feet or 250 horizontal feet of a crest, whichever is more restrictive.4 4. Terms of the MOD Ordinance a. Critical Slopes No residential construction or related road or driveway construction, except for the improvement of a road or driveway that existed on the date of the ordinance, would be permitted on critical slopes. This ban on construction would not apply to roads built for forestry, agricultural, and horticultural purposes.5 Neither would this ban apply to lots of record created on or before December 10, 1980, in order to establish the first single family residence, provided there is no alternative building site and no alternative route for the road. Any roads built on critical slopes for forestry, agricultural, or horticultural purposes after the date of the ordinance would not be convertible to residential use after the date of the ordinance. This limitation would not apply to lots of record created on or before December 10, 1980, in order to establish the first single family residence, provided there is no alternative building site and no alternative route for the road. b. Erosion and Sediment Control Plan 4 Virginia Code S 15.2-2295.1 defines "crest" to mean "the uppermost line of a mountain or chain of mountains from which the land falls away on at least two sides to a lower elevation or elevations." 5 See Albemarle County Code S 18-4.2.1 (definition of "building site"). ATTACHMENT A Page 2 of 5 Pages Proposal for Protection of Albemarle County's Mountain Resonrces ~ Aprill?, 2006 SLBMlTTED.doc Land disturbing activities exceeding 2500 square feet will require an effective erosion and sediment control plan explicitly designed to address erosion control and water infiltration for the long term. Guidelines for drafting these plans should encourage flexible and innovative approaches. c. Stream Buffers No residential construction would be permitted within 200 feet of an intermittent or perennial stream or river or other body of water shown on a U.S. Geological Survey 7.5 minute quadrangle topographic map. No hard-surface or impermeable surface roads, including gravel on compacted base, or driveways would be permitted in this area except by special use permit. When disturbance is necessary to cross streams to access a portion of the property as set forth above (or as otherwise allowed in the MOD), best management practices would be imposed. Development in a stream buffer mal be authorized in the following circumstances, provided that a mitigation plan 7 is submitted to, and approved, by the program authority: . On a lot on which the development in the stream buffer will consist of the construction and maintenance of a driveway or roadway, and the program authority determines that the stream buffer would prohibit reasonable access to a portion of the lot which is necessary for the owner to have a reasonable use of the lot; or . On a lot of record created on or before December 10, 1980, if the stream buffer would result in the loss of a building site, and there are no other available building sites outside the stream buffer on the lot, or to allow redevelopment as permitted in the underlying zoning district.8 d. Heiqht Restrictions No building within the ridge area would be permitted to exceed 35 feet in height or to exceed the height of an adjacent crest, whichever is more restrictive.9 e. Safe Access Building sites within the MOD will not be approved unless the applicant can demonstrate that fire and rescue vehicles will be able to safely access the site. f. Waiver or Modification An administrative waiver or modification from one or more of these requirements would be available. Such waiver or modification could be granted only upon a finding that alternatives proposed by the developer would advance each of the purposes of the ordinance to an equivalent or greater degree than strict application of these requirements.lO In making this determination, the appropriate body-the Program Authority or the Planning Commission-would take into account the effects of the developer's overall plan for the property (including residential construction and related road or driveway construction or road or driveway improvement), and if a 6 Albemarl,~ County Code 9 17-321 provides that the activities "may" be authorized by the program authority, but the authority does not have to permit the activities in all cases. 7 The mitigation plan mandated by Albemarle County Code ~ 17-322(C)(2) requires, among other things, that the activity be located so that it is the least dislUptive to the functions of the stream buffer. 8 See Albemarle County Code ~ 17-321. 9 It is the Committee's intention that "adjacent" refers to a crest on which a residential dwelling could be constlUcted. 10 Compare with Albemarle County Code ~~ 18-4.2.5 and 18-5.1(a). A TT ACHMENT A Page 3 of 5 Pages Proposal for Protection of Albemarle County's Mountain Resources - April 17, 2006 SlIBMITTED.doc waiver were issued, it would include any conditions on development necessary to protect the purposes of the ordinance. A variance would be available in cases of undue hardship under existing regulations.11 Application of the Ordinance may result in inability to use all division rights 12 that have been allocated to properties in the MOD - that is, because of measures in the Ordinance, parcels may not be able to be developed as extensively as they would without these measures. Property owners would have the ability to moderate the effect of these measures through waivers and modifications. B. Guidelines for Incorporation into a Future Rural Cluster Subdivision Ordinance for the MOD For Rural Preservation Developments (RPDs) in the MOD, rural preservation parcels (RPPs) will include any ridge area in the RPD or as much of it as feasible consistent with utilization of all development rights otherwise available to the parcel. The RPP will retain a development right. The RPP will be configured and conditioned to minimize adverse impacts on hydrology, biodiversity, aesthetics, cultural and other historical resources, agricultural and forestal soils and uses, public safety, and to preserve property values within and outside the MOD. Development lots outside the RPP will be configured and conditioned to minimize impacts on these same resources and property values.13 Construction in RPDs in the MOD will also be subject to the generic requirements in the MOD Ordinance, as above. C. Additional Protection for Mountain Resources The County's Comprehensive Plan makes specific provision for acquisition of property interests, such as purchase of development rights (PDR), to protect the mountains. The Committee proposes expanded efforts within the MOD to: . Promote conservation easements . Promote riparian buffer easements · Encourage voluntary reduction of development potential More specifically, beyond the ordinance and clustering proposed in this document, the Committee believes the Board of Supervisors must develop innovative and flexible approaches to protecting Albemarle's mountains. It has generated the following list of ideas, although it is not endorsing any single one. The list is certainly not intended to be exhaustive; rather, the Committee encourages the Board to think creatively. . Grant complete or partial tax-exemption to any real estate placed in a permanent "riparian buffer" easement, even if the landowner chooses to impose stream buffers that are wider than those recommended in the Stream Buffers section of this proposal.14 ] 1 See Albemarle County Code ~ 18-34.2. 12 The term "division rights" includes "development rights." 13 See Mountain Design Standards, Natural Resources and Cultural Assets Plan, which is a component of the Albemarle County Comprehensive Plan, pp. 116-117; Strategies, Rural Areas Plan, which is a component of the Albemarle County Comprehensive Plan, pp. 37-38; and Memorandum to Planning Commission from Stephen P. Waller (May 24,2005) (Ragged Mountain Farm RPD). ATTACHMENT A Page 4 of 5 Pages Proposal for Protection of Albemarle County's "Iountllin Resources - April 17, 2006 SUBMITTED.doc . Change the ACE Program's criteria to evaluate properties and allocate the currently available and potentially new funding resources as follows: o Mountain value: Modify the ACE ranking to add a category for land located inside the MOD. o Scenic value: Modify the ACE ranking to add a category for scenic lands. . Lease scenic rights. Develop a Scenic Land-Lease Program that would pay a fair price to landowners for very long (30-99 years) scenic leases on the highest ridge spines. . Develop a Watershed Protection Fund. Work with the Rivanna Water and Sewer Authority and the Albemarle County Service Authority to develop a user fee that would be earmarked-as supplemental ACE funding-for the MOD sections of the watershed that feed the local public water supply system. . Abate all property taxes on the Ridge Areas within the MOD as long as they remain undeveloped. If conversion occurs later, a rollback of all abated taxes would be levied, with interest at 10% on accrued rollback balances compounded annually. . Develop a transfer of development rights (TOR) ordinance (using recent enabling legislation) whereby development rights within the MOD may be sold and transferred to parcels wholly outside the MOD.15 Enactment of one or more of these approaches would not be designed to compensate landowners for the impact of the proposed ordinance. Instead, they would create additional protections for the MOD beyond what may be accomplished by regulation. It is the Committee's desire to avoid adverse impacts on the viability of the ACE program as well as on any other similar program or regulatory provision in the County. 14 ~ 58.1-3666. Wetlands and riparian buffers. Wetlands, as defined herein, that are subject to a perpetual easement permitting inundation by water, and riparian buffers, as defined herein, that are subject to a perpetual easement permitting inundation by water, are hereby declared to be a separate class of property and shall constitute a classification for local taxation separate from other classifications of real property. The governing body of any county, city or town may, by ordinance, exempt or partially exempt such property from local taxation. "Riparian buffer" means an area of trees, shrubs or other vegetation, subject to a perpetual easement permitting inundation by water, that is (i) at least thirty-five feet in width, (ii) adjacent to a body of water, and (iii) managed to maintain the integrity of stream channels and shorelines and reduce the effects of upland sources of pollution by trapping, filtering, and converting sediments, nutrients, and other chemicals. "Wetlands" means an area that is inundated or saturated by surface or ground water at a frequency or duration sufTicient to support, and that under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, and that is subject to a perpetual easement permitting inundation by water. (1998, c. 516.) 15 Approved by the Governor-Chapter 573 (effective 7/1/06). Transfer of development rights. Allows localities to provide for the transfer of development rights from a parcel of property located in the locality to another parcel of property located elsewhere in the locality. ATTACHMENT A Page 5 of 5 Pages Attachment B Part A (Terms of the MOD Ordinance) 1. Critical Slopes MOD: "No residential construction or related road or driveway construction, except for the improvement of a road or driveway that existed on the date of the ordinance, would be permitted on critical slopes. This ban on construction would not apply to roads built for forestry, agricultural, and horticultural purposes. Neither would this ban apply to lots of record created on or before December 10, 1980, in order to establish the first single family residence, provided there is no alternative building site and no alternative route for the road. Any roads built on critical slopes for forestry, agricultural, or horticultural purposes after the date of the ordinance would not be convertible to residential use after the date of the ordinance. This limitation would not apply to lots of record created on or before December 10, 1980, in order to establish the first single family residence, provided there is no alternative building site and no alternative route for the road." Comprehensive Plan: The Plan recognizes the importance of protection of critical slopes" in order to maintain the existing balance between slope, soils, geology, and vegetation." Most of the slopes defined as critical (25%) or greater can be found in the mountains. The Mountain Overlay District "Mountain Design Standards" includes the following general standards that should be applied to protect mountain resources: · Locate driveways to minimize grading, length, and impact on critical slopes and trees. Driveways should disturb no more than 65 feet in cross section. · Locate the house and structures to make them safe. · Minimize disturbances to critical slopes. · Design private driveways to permit fire and rescue emergency vehicle access: · Longitudinal gradient should not exceed 16%. · Minimum allowable radius for horizontal curvature should be 40 feet. Existinq Requlations: Zoning Ordinance Section 4.2 recognizes that protection of slopes 25% or greater is important in order to protect hillsides from impacts such as soil erosion, debris flows, sedimentation, and protection of public drinking water supplies. Waivers and modifications are available under Section 4.2.5 (Attachment C) where unusual physical conditions of the parcel (such as topography) would effectively prohibit or unreasonably restrict the use of the property, or where other specified findings can be made. Section 4.2.6 provides that exceptions for lots or structures may be available for structures in existence and parcels of record established on or before December 10, 1980, and for accessways, public utility lines, stormwater management facilities and other public facilities (Attachment C). Enforcement of critical slopes regulations is impeded under the County's current requirements. Since topographic information is not shown on final subdivision plats or on building plans, building permits are issued without taking critical slopes into consideration. Construction work has begun (foundations excavated, etc.) prior to the initial building inspection. What are the differences between the MOO proposal and existing regulations? The primary difference is that roads and driveways are permitted on critical slopes under the existing ordinance, if no reasonable alternative exists. The proposed MOD regulation would prevent new roads for residential uses (constructed after the adoption of the MOD ordinance) from being constructed on critical slopes. New roads built for forestry, agricultural, and horticultural purposes could not be converted for residential uses. Secondarily, modifications and waivers to Section 4.2 require an action by the Planning Commission, and the MOD regulations would allow modifications and waivers to be approved administratively. How would expanding the MOO recommendation impact the Rural Areas? According to the Comprehensive Plan, 22% of the County acreage consists of critical slopes, which are located throughout the County. The greatest concentrations of critical slopes are located in mountainous areas adjacent to the Shenandoah National Park, both sides of Route 29 south, and east of Route 20 from Carter's Bridge to the Orange County line, but random areas are located throughout the County. · The number of lots that could be affected by additional regulations to prevent new roads and driveways from crossing critical slopes is unknown. It is likely that some lots would lose their full building potential, without approval of a waiver. · The siting of driveways on parcels to avoid critical slopes will reduce accessibility to potential building sites, thus reducing the potential number of building sites that can be utilized on some parcels BoS report 12 13 06 work session.doc Page 4 of 9 · There can be a reduced impact of erosion and sedimentation and reduced stormwater runoff from driveways across critical slopes, but could result in longer driveways with higher impacts. What changes would be needed to implement this measure? 1. Ordinance changes would be required. 2. Currently, preliminary subdivision plats show that a building site, exclusive of critical slopes, is possible on the parcel. The final subdivision plat and the subsequent building plans do not depict critical slopes and the building site locations can be changed from what was shown on the preliminary plats, thereby impeding any enforcement of critical slope regulations. Plans identifying building sites, roads and driveways, as well as critical slopes prior to issuance of Erosion and Sediment Control Permits and prior to issuance of building permits, would assure that building, roads and driveways would not be constructed on critical slopes. This change would be the responsibility of the applicant at some additional cost. 3. Accurate topographic surveys are needed to ascertain existing road locations or aerials showing agricultural/forestal/horticultural roads that exist at the time an ordinance. New County aerials are scheduled to be flown in March of 2007 as part of a statewide GIS project. Detailed information from that survey will not be available until the following year. The existing agricultural/forestal/horticultural roads are not always visible on aerials that were flown in 2000. 4. Review times would remain the same. What would be the benefit to the County? The benefits for not disturbing critical slopes have been established by the Comprehensive Plan. Although critical slopes are more abundant in the MOD, they can be found in other locations throughout the County. Larger parcels in the Rural Areas would have more opportunity to provide alternative routes for roads and driveways that do not disturb critical slopes. 2. Erosion and Sediment Control Plan MOD: "Land disturbing activities exceeding 2,500 square feet will require an effective erosion and sediment control plan explicitly designed to address erosion control and water infiltration for the long term. Guidelines for drafting these plans should encourage flexible and innovative approaches." Comprehensive Plan: The Plan recognizes the importance of protecting both soil and water for the continued vitality of the forestal and agricultural community, as well as protection of the water supply and the Chesapeake Bay watershed. Existinq Requlations: Section 17-104.24(a) and (b) of the Water Protection Ordinance provides that the disturbance of 2,500 square feet or more within the Mountain Overlay District, and 10,000 or more square feet outside the MOD, are defined to be "a land disturbing activity" and subject to the provisions of the ordinance. Land disturbing activities must have either an Erosion and Sediment Control (E&S) Plan or an Agreement in-lieu of a Plan (a narrative agreement instead of a formal Erosion and Sediment Control Plan (Section 17-104 and Section 17-205). E & S Plans are intended to address erosion and sediment control during construction, but also provide topographic information that is not available with an Agreement in-lieu of a Plan. Additionally, storm water management plans are required for new subdivisions, but are not required for building permits. Stormwater management is a permanent measure to control the post construction impact of a land disturbing activity. Section 17 -200A (4) provides that if a road has been constructed under an agricultural exemption and an application, such as a special use permit or subdivision, has been requested within two years of the exemption, an E & S Plan will be required. However, if construction is complete an E & S Plan will not be required. What are the differences between the MOD proposal and existing regulations? If a Mountain Overlay District is established, the existing regulations to require an E & S Plan for disturbances of 2,500 square feet are in place. An Agreement in-lieu of a Plan rather than a complete E & S Plan is currently required with single family building permits for disturbances of 10,000 or more square feet inside and outside of the MOD. Typically, a new house in the Rural Areas requires a disturbance of at least 10,000 square feet. Thus, the 2,500 square foot threshold is intended to capture other development activities (e.g., large additions or garages) rather than new houses. How would expanding the MOD recommendation impact the Rural Areas? As the typical new single family dwelling in the Rural Areas results in more than 10,000 square feet of land disturbance, the change from an Agreement in-lieu of a Plan to a required E & S Plan has a large effect. It is believed that room additions, garages, and similar construction activities would involve 2,500 square feet of disturbance. As the MOD contains an environment that is more sensitive to land disturbing impacts, the 2,500 square feet is believed to be warranted. The environmental benefits in the remainder of the Rural Areas for the more restrictive regulations would be limited, if they should be applied to the remainder of the Rural Areas. An undetermined cost to the applicants would result from the more restrictive requirements. BoS report 121306 work session.doc Page 5 of 9 What changes would be needed to implement this measure? 1. Ordinance changes would be required to implement a 2,500 square foot threshold for E&S plans. 2. Additional staff would be necessary to review the plans, as well as to inspect and verify construction matched approved plans. What would be the benefit to the County? There would be some small environmental benefit if the disturbed area requirement for a permit was reduced to 2,500 square feet and this was applied throughout the Rural Areas. The extent of the benefit cannot be quantified, as the amount of future disturbances is unknown. However, according to the County's engineering, additional staff and review time would be required and it was not believed that the benefits from reducing the disturbance threshold to 2,500 square feet would outweigh the costs. If there is an interest in preventing driveways or roads to be constructed on critical slopes, it will be necessary to stop allowing Agreements in-lieu of a Plan and require complete E & S Plans so that compliance can be verified in advance of a permit. That requirement would increase the cost to applicants. 3. Stream Buffers MOD: "No residential construction would be permitted within 200 feet of an intermittent or perennial stream or river or other body of water shown on a U.S. Geological Survey 7.5 minute quadrangle topographic map. No hard-surface or impermeable surface roads, including gravel on compacted base, or driveways would be permitted in this area except by special use permit. When disturbance is necessary to cross streams to access a portion of the property as set forth above (or as otherwise allowed in the MOD), best management practices would be imposed. Development in a stream buffer may be authorized in the following circumstances, provided that a mitigation plan is submitted to, and approved, by the program authority: · On a lot on which the development in the stream buffer will consist of the construction and maintenance of a driveway or roadway, and the program authority determines that the stream buffer would prohibit reasonable access to a portion of the lot which is necessary for the owner to have a reasonable use of the lot; or · On a lot of record created on or before December 10, 1980, if the stream buffer would result in the loss of a building site, and there are no other available building sites outside the stream buffer on the lot, or to allow redevelopment as permitted in the underlying zoning district." Comprehensive Plan: The importance of protecting the County's water resources is extensively documented in the Natural Resources chapter of the Plan. In 1991, the County became the first (and only) non-Tidewater locality in Virginia to voluntarily adopt a local Chesapeake Bay protection ordinance. The functions of stream buffers on the local and regional environment are also well documented in the Plan. Existinq Requlations: Sections 17-317 through 17-322 of the Water Protection Ordinance provide stream buffer regulations. Intermittent and perennial streams require a 100' wide buffer (200' wide total) in the Water Supply Protection Areas. In the remainder of the County only perennial streams require a buffer and the width of the buffer varies depending on the streams' location and the abutting land uses. What are the differences between the MOD proposal and existing regulations? The MOD would expand the buffer for both perennial and intermittent streams to 200' (400' total). The Water Protection Manager has provided an analysis of the discussion points pertaining to the expansion of the MOD stream buffer provisions into the remainder of the Rural Areas (Attachment B). How would expanding the MOD recommendation impact the Rural Areas? The greatest benefit would be to provide a wider corridor for wildlife and additional storage for floodwaters. It is unknown how many parcels would be impacted from this additional buffer. What changes would be needed to implement this measure? 1. Ordinance changes would be required 2. Additional staff resources to administer and inspect What would be the benefit to the County? Staff believes that an increased buffer width would provide some benefit, but it would be difficult to justify this benefit outside of the MOD. Staff believes that applying a 100' buffer requirement for both perennial and intermittent streams BoS report 12 13 06 work session.doc Page 6 of 9 throughout the entire Rural Areas could be justified and would provide a significant benefit to water resources, as well as providing uniform treatment of all Rural Areas property. 4. HeiQht Restrictions MOD: "No building within the ridge area would be permitted to exceed 35 feet in height or to exceed the height of an adjacent crest, whichever is more restrictive." Comprehensive Plan: The Mountain Overlay District "Mountain Design Standards" include the following standards that should be applied in the District: · Locate the house and structures to make them unobtrusive in the landscape. · Do not build structures taller than the natural tree canopy. · Do not locate the house and structures where they will be "skylighted" against the horizon. · Do not alter the continuity of the ridgeline. Existinq Requlations: Section 10.4 limits the maximum height for structures in the Rural Areas to 35 feet. What are the differences between the MOD proposal and existing regulations? The maximum MOD height would not exceed 35 feet or exceed the height of the adjacent crest. The RA regulations do not measure heights in relation to adjacent crests. What would be the benefit to the County? Although crests along ridges outside the MOD are located throughout the County, the benefit derived from restricting heights for buildings outside the MOD would be minimal. How would expanding the MOD recommendation impact the Rural Areas? The Virginia Code defines "crest" to mean "the uppermost line of a mountain or chain of mountains from which the land falls away on at least two sides to a lower elevation or elevations." Limiting building construction on all crests and ridges could reduce building on an unknown number of parcels in the Rural Areas. What changes would be needed to implement this measure? 1. Ordinance changes would be required 2. Staff time to verify and enforce 3. Applicant costs to survey land and submit topography with l' contour intervals. 5. Safe Access MOD: "Building sites within the MOD will not be approved unless the applicant can demonstrate that fire and rescue vehicles will be able to safely access the site." Comprehensive Plan: The Community Facilities Fire and Rescue section of the Plan contains a service objective for achieving a fire and rescue response time of thirteen minutes or less in the Rural Areas. The Mountain Overlay District "Mountain Design Standards" includes the following general standards that should be applied to protect mountain resources: · Locate the house and structures to make them safe. · Minimize disturbances to critical slopes. · Design private driveways to permit fire and rescue emergency vehicle access: · Longitudinal gradient should not exceed 16%. · Minimum allowable radius for horizontal curvature should be 40 feet. · Avoid north slopes where snow and ice may accumulate. Existinq Requlations: Currently, the County requires that building sites for single family residences, as specified in Section 4.2 of the Zoning Ordinance, be shown on preliminary subdivision plans, primarily as a verification that a lot is not being created that cannot support a residence under existing regulations. The County does not require that the building site appear on any other plan and final locations of residences can be changed after the preliminary subdivision is approved. Section 31.2.3.1 of the Zoning Ordinance does require safe and convenient access be provided prior to issuance of a Certificate of Occupancy, but there is no requirement to provide a grading plan that would demonstrate this prior to issuance of a building permit. There is a requirement that an E&S Plan be approved prior to issuance of a building permit when the land disturbance exceeds the 10,000 square foot threshold. All building permits for new homes in the Rural Areas fall within those criteria once the disturbance for the house, driveway, well, and septic field are included. If BoS report 121306 work session.doc Page 7 of 9 Agreements in-lieu of a Plan are used, there is no plan that shows existing and proposed grading and compliance cannot be verified prior to issuance of the building permit. If E&S Plans, rather than Agreements in-lieu of a Plan, are required for all building permits for new homes, the E&S Plans would include both existing and proposed grading, which allows the safe and convenient access to be verified prior to issuance of the building permit, as well as avoidance of critical slopes if that provision is used for driveways. What are the differences between the MOO proposal and existing regulations? The MOD proposal would require that access to all new building sites in the MOD be constructed to standards that provide safe and access by emergency vehicles. The County's existing regulations do not contain measures by which safe and convenient access to single family dwellings can be required. How would expanding the MOO recommendation impact the Rural Areas? Requiring measures to assure that every residential dwelling provide a safe and convenient access for emergency vehicles would further the level of protection sought for lives and property. As the location, constraints, and number of future lots are unknown, the full impact of expanding this requirement into the remaining Rural Areas cannot be determined. However, it is believed that it would be less than the MOD due to more level terrain. Conversion or dual use of existing roads used for agricultural, horticultural or forestry purposes may require upgrades. These upgrades may also require land disturbance, thus triggering an E & S Plan. Additional costs for plans and road construction can be anticipated. What changes would need to be implemented? 1. Ordinance revisions and County application process changes would be required. 2. Additional staff time would be needed for review of Erosion Control Plans for all Rural Areas' building permits and inspections to verify construction matches what is shown on the approved plan. 6. Waiver or Modification MOD: Application of the Ordinance may not allow a landowner to use all division rights that have been allocated to properties in the MOD - that is, because of measures in the Ordinance, parcels may not be able to be developed as extensively as they would without these measures. Property owners would have the ability to moderate the effect of these measures through waivers and modifications. Such waiver or modification could be granted only upon a finding that alternatives proposed by the developer would advance each of the purposes of the ordinance provisions to an equivalent or greater degree than strict application of these requirements. In making this determination, the appropriate body-the Agent, Program Authority, or the Planning Commission-would take into account the effects of the developer's overall plan for the property (including residential construction and related road or driveway construction or road or driveway improvement), and if a waiver were issued, it would include any conditions on development necessary to protect the purposes of the ordinance. A variance from certain requirements could be sought under existing regulations (per Section 18-34.2). Existinq Requlations: Provisions for waivers, modifications, or variances are currently available as either an administrative or Planning Commission consideration. What are the differences between the MOO proposal and existing regulations? The waivers or modifications contained in the MOD proposal are specific to the MOD, as are waivers or modifications for existing regulations. What would be the benefit to the County? As with current regulations, waivers, modifications or variances would be available if appropriate and/or applicable, in order to provide flexibility for unusual site conditions. How would expanding the MOO recommendation impact the Rural Areas? The MOD recommendations to allow waivers, modifications, or variances parallel existing ordinance provisions. What changes would be needed to implement this measure? 1. Ordinance revisions may be required. 2. Additional staff resources to process waivers, modifications, and variances. BaS report 12 1306 work session.doc Page 8 of 9 Part B. (Guidelines for Incorporation into a Future Rural Cluster Subdivision Ordinance for the MOD) On September 13, 2006, the Board declined to approve the Resolution of Intent for the development of a rural cluster subdivision ordinance. Rural Preservation Developments, currently allowed by Section 10.3.3, will continue to provide a voluntary cluster form of development. Part C. (Additional Protection for Mountain Resources) The protection measures offered for consideration were not discussed by the Board at its September 13 meeting. Those measures could also apply to the remainder of the Rural Areas. 80S report 12 13 06 work session.doc Page 9 of 9 Attachment C Discussion Points - Expandin2 the proposed MOD Stream Buffer provisions Countywide The MOD framework would significantly increase the number of streams within the County that would have stream buffer preservation requirements, and would significantly increase the width of the buffers compared to existing regulations. Number of Stream Miles Affected Currently intermittent and perennial streams require a buffer in Water Supply Protection Areas (watersheds draining to drinking water supply reservoirs). In the remainder of the County only perennial streams require a buffer. Total stream miles in the County currently requiring a buffer = approximately1,469 miles MOD proposal would add requirements for intermittent streams in the remainder of the County. Total stream miles in the County that would require a buffer with MOD Countywide =approximate~v 2,197 miles >- Total increase of approximately 728 miles. Acreage of Land Affected The buffer width currently required is 100' on each side of the stream, resulting in a buffer corridor 200' wide. Total acreage of buffer in the County currently required = approximately 35,612 acres The MOD proposal would double the width of the buffer to 200' on each side of the stream, resulting in a buffer corridor 400' wide. Total acreage of buffer in the County required with MOD Countywide = approximately 106,521 acres. ,. Total increase of approximately 70,909 acres Benefits Buffers perform the functions of improving water quality through pollutant removal (including nutrients nitrogen and phosphorus), filtering out sediment, controlling erosion, providing for flood control, and the creation of habitat for aquatic and terrestrial species. There is substantial research on how wide a buffer needs to be to optimally perform these functions. Different widths are necessary for these different functions, so part of the issue is to determine what specific functions we are hoping to achieve from the buffer. Doubling the width of the buffer from 100' to 200' is not likely to yield additional water quality benefits in tenns of pollutant and nutrient removal. Research shows that a forested buffer 100' wide performs very well at improving water quality and at improving aquatic habitat. Additional width does not appear to contribute to a proportional increase in the ability of the buffer to perform these specific functions. ATTACHMENT B However, adding width is very likely to yield benefits for wildlife habitat for terrestrial species and could provide better storage for floodwaters. Research indicates that buffers as wide as 300' are desirable to achieve optimal habitat. If the County's buffer width were doubled and resulted in a 400' wide corridor, a proportional improvement in habitat could be expected. In addition, research indicates that to provide maximum protection from floods and maximum storage of t1oodwaters, a buffer should include the entire floodplain. The County's current buffer requirements do include the floodplain, except in the Development Areas. Extending the buffer to 200' would likely incorporate more t100dplain and provide improved protection from flooding in these more densely developed parts of the County. Impacts Current stream buffer requirements are contained in the County's Water Protection Ordinance. Sections 17-317 through 17-322 would need to be amended to incorporate the changes. The enabling authority to change these buffer requirements exists, under the Chesapeake Bay Preservation Act, from which our current requirements are taken. Staff time would need to be devoted to the task of amending the ordinance. Currently staff is able to administratively authorize 'variances' to the buffer requirements for items such as driveways and roadways through a buffer to allow access for reasonable use. The MOD changes include a provision that a special use pennit would be needed to authorize such variances. This would substantially increase the amount of staff time and effort to coordinate these requests from applicants, and would significantly increase review and approval time. However, the MOD changes could result in fewer applicant requests to encroach into the buffer, resulting in higher quality buffers throughout the County. These changes would require additional field work for applicant and staff to field delineate intermittent streams that do not appear on the USGS maps. This task is currently only perfonned in the Water Supply Protection Areas. It is very likely that requests from applicants to field delineate intermittent streams in the remainder of the County would substantially increase. These changes would require additional effort during staffs plan review to ensure that buffers are delineated and preserved on development proposals. In addition, the changes would require additional staff inspection and enforcement of buffer area protection during construction. A TT ACHMENT B - Attachment D County of Albemarle Zoning Ordinance 4.2.5 MODlFICA nON 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 cngineer, 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 of the 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. Thc 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 of the requiremcnts 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 developcr would satisfy the purposes of section 4.2 to at least an equivalent degree; or (Added 11-15-89) 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 detnmental to the public health, safety or welfarc, 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 ofa 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). (12-10-80, S 4.2.5;; 11-15-89; Ord. 01-18(4), 5-9-01) 4.2.6 EXEMPTIONS A lot, structure, or improvement may be exempt from the requirements of section 4.2 as provided herein: (Added 10-17-0 I) a. Any structure which was lawfully in existence prior to the effectivc date of this chapter and which is nonconforming solely on the basis of the requirements of section 4.2, may be expanded, enlarged, extended, modified and/or reconstructed as though such structure were a conforming structure. For the purposes of this section, the term "lawfully in existence" shall also apply to any structure for which a site development plan was approved or a building permit was issued prior to the effective date of this chapter, provided such plan or permit has not expired. (Amended 10-17-01) b. Any lot or parcel of record which was lawfully a lot of record on the effective date of this chapter shall be exempt from the requirements of section 4.2 for the establishment of the first single-family detached dwelling unit on such lot or parcel; provided that section 4.2.3.2 shall apply to such lot or parcel if it contains adequate land area in slopes of less than twenty-five (25) percent for the location of such structure. For the purposes of this section a manufactured home shall be deemed a single-family detached dwelling unit. (Amended 10- 1 7 -01 ) c. Accessways, public utility lines and appurtenances, stormwater management facilities, and any other public facilities necessary to allow the use of the parcel shall not be rcquired to be locatcd within a building site and shall not be subject to thc requirements of this section 4.2.2, provided that the applicant demonstrates that no reasonable alternative location or alignment exists. 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'"0 ~ -- > >< . ....... :: -0 .- (]) Q) . ....... ~ c ......, '+= ""-' ....-.. ro ~ ~ co ro L- en ......, CI) ""-' ~ en en (]) CI) L- .- -0 ~ . ....... co (]) c . . t:: .- ......, Q) .- > ~ . ....... > E a t) co .g Q.. .- ro ro -0 L- Q) Q.. S <( n. Cl. -- <:( E () <:( . . . ~ . r-- I . , i " 1 ~ . , t ~ . ... " l' ~.- ~ ~~ . ~ ~~ " g II . .. ~ ~ .".: ;& . . r:.. ~1","4> ~~.. .' .~ ) ... ~ ::'to ~. "'i SAP Statement to the Albemarle County Supervisors, December 13, 2006: Oisturbina Decision-makina at Last Week's Board Meetina JIm Jack Marshall, speaking to you on behalf of the 300 members of Advocates for a Sustainable Albemarle Population. Directors Jack Marshall President AI Weed Vice President Elizabeth Burdash Secretary Geoffrey Mattocks Treasurer Rich Collins Francis Rfe Laura Horn Tom Loach Hugh Meagher Carleton Ray Andrew Wright Advisorv Council Diana Abbott Gib Akin Jim Bonner Whitman Cross Nick Evans John Hermsmeier Steve Jamme Janis Jaquith Harry Levins Mark Lorenzoni Marvin Moss Deborah Murray Tom Olivier John Stack Peggy Thome Jane Williamson At last week's Board meeting you concluded with two actions that seemed disrespectful to constituents who expect you to listen to our views before making decisions on important issues. With no advance warning to the community, with no public hearing, and with an apparent disregard for residents' concern about the impacts of relentless population growth, Mr. Boyd proposed that $200,000 be earmarked to attract new businesses to Albemarle County; four of you voted to approve this new "economic opportunity fund." Mr. Boyd then moved that the County become a member the Chamber of Commerce, the most powerful lobbying group in the area and a frequent advocate on issues you are expected to consider without bias. Four of you voted to approve that motion, too. Executive Director If it weren't for Charlottesville Tomorrow's podcasts and an article in the Daily Progress, these pro- business, pro-growth votes might have slipped through without much notice - though I don't want to believe these decisions were calculated to slide under voters'radar. But why, then, would you not invite comments at a public hearing before rushing through with a vote? What was the urgency? Were you unwilling to reopen the discussion - lengthy but informative - that preceded the county's ill-advised decision to become a member of the Thomas Jefferson Partnership for Economic Development? Jeff Sobel 3570 Brinnington Road Charlottesville, VA 22901 Phone: (434) 974-6390 Fax: (434) 974-4924 asap@stopgrowthASAP.org www.stopgrowl:t1ASAP.org Equally disturbing is the fact that your decisions on these two issues provided solutions to problems that don't exist, and fly in the face of available facts. There is no evidence that new businesses in our county will provide jobs for our un- and under-employed. Indeed, the week before your vote the Chief Economist of the Virginia Employment Commissi'on' labeled Albemarle County a "labor shortage" area, an area where the unemployment rate is so low that there is a shortage of workers, not jobs.! 'If you are g'enuinely concerned about our un- and under-employed, rather than simply eager to import new businesses, the money could be far better spent strengthening the very good workforce training opportunities in our area. Nor is there any evidence that Albemarle County's absence at the table of the Chamber of Commerce has hindered our prosperity or impeded communication. With actual membership in the Chamber, though, you sacrifice the appearance of neutrality when a Chamber-supported issue comes before you. And you open up the question of why the County would support one advocacy group but not another - like, for example, ASAP. Your difficult work as supervisors becomes, regrettably, even more cumbersome with input from us citizens. But please make time to listen to our views on important issues. That's part of what a representative democracy - and respect for your constituents - demands. Thank you. 1 Virginia Employment Commission, "Virginia Seasonally Unadjusted Unemployment Rates: October 2006," 29 November 2006. As of December 12th, the press release was available online at http://www.vec.virginia.gov/pdf/newpres1.pdf . Tompkins County Relocalization Plan: One Region's Preparations for Peak Oil _...-.'! ,~. i/:(\~ J ",.{ \..,,1.. ." I . "/\,, i . :Jj Good evening. My name is Logan Blanco, and I live in Charlottesville. .' VAJu.t.l1/ .J ii, I'd like to tell you about the Relocalization Plan that a citizens' group in 'f', xIC Tompkins County, New York (which surrounds the city of Ithaca) has created to \~;:~ prepare for Peak Oil. This. P.~a_n, along with the Kinsale uvu.\ ()1 fl.,. \.j , l t/:.~___; Plan, and the various cities' Peak Oil resolutions, ~an be found on the .)11 Charlottesville Peak Oil web site at www.cvillepeakoil.org. After providing comprehensive evidence that world oil supplies will have peaked by ;2010, not allowing time for a gradual transition to other fuels, the Tompkins County Plan treats Peak Oil as a disaster management problem. The Plan predicts widespread unemployment, accompanied by rising costs of transportation, heating, food, and basic goods and services, and proposes specific solutions to these challenges. In regard to transportation, the Plan suggests expanding public transit, possibly incorporating school buses when they're not being used to transport students; resurrecting river transportation; and zoning for greater density in both urban and rural areas. In regard to food supply, the Plan recommends encouraging local food production by lowering taxes on agricultural land, funding programs to train people in sustainable gardening, and encouraging the development of community supported agriculture. Imagining winters with food in short supply, the Plan questions \,hether the County should have its own food preservation and storage systems. In regard to the potential for widespread unemployment, the Plan suggests retraining people in farming, noting that the sizable expansion of local agriculture needed to feed the population will be accompanied by a demand for farm labor.. The Plan also suggests that, when it becomes too expensive for big box chain stores to import goods from China, there will be a strong market for locally manufactured goods. When oil prices skyrocket, Albemarle County will share many of Tompkins County's challenges, as well many of its assets: we have ample agricultural land, rivers we could use for transportation, and a major research university. We also have several active citizens' groups that are already addressing the challenges associated with Peak Oil. E.A.T. Local, a group that began as a UVI\ urban planning class studying our regional food system, is busy creating a directory of local farms, starting a food co-op, and launching a vegetable gardening program at Charlottesville High Schoo:". The Charlottesville Barter Network will soon be up and running, offering a local currency that will allow people to barter with one another for goods and services. And the Alliance for Community Choice in Transportation encourages developing safe routes for walking to school, using alternative transportation, and creating a street car system. And yet, there is a lot we can learn from the Tompkins County Relocalization Plan. I hope you will take a look at it. .. At a regular meeting of the Board of Supervisors of the County of Albemarle, Virginia, held on the 13th day of December, 2006, the following members of the Board of Supervisors were recorded as present: PRESENT: Ken Boyd, Lindsay Domer, Dennis Rooker, David Slutzky, Sally Thomas, David Wyant On motion by Sally Thomas, seconded by Lindsay Dorrier, the attached Resolution was adopted by a majority of the members of the Board of Supervisors by a roll call vote, the votes being recorded as follows: MEMBER VOTE Ken Boyd Lindsay Domer Dennis Rooker David Slutzky Sally Thomas David Wyant Aye Aye Aye Aye Aye Aye \4249053.1 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY 01<' ALBEMARLE, VIRGINIA WHEREAS, the Industrial Development Authority of the Town of Louisa, Virginia (the "Authority"), has been requested by Region Ten Community Services Board, Inc. (the "Company"), a non-profit, Virginia nonstock corporation, to approve the issuance of a revenue bond in an amount not to exceed $8,000,000 ("Bond") to assist the Company in (1) refinancing the Industrial Development Authority of Albemarle County, Virginia's $5,000,000 Variable Rate Community Services Facilities Revenue Bonds (Region Ten Community Services Board, Inc.), Series 1999, issued on August 31, 1999 originally issued to finance and refinance Company facilities located in the County of Albemarle, Virginia and the City of Charlottesville, Virginia (2) financing the acquisition, construction, renovation and equipping of the property known as Mountainwood, to house the Company's administrative offices and community services, located on an approximately 9 acre tract of land on Old Lynchburg Road, in the County of Albemarle, Virginia and (3) financing the acquisition, construction, renovation and equipping of the Nelson County Counseling Center located at Tanbark Plaza, Lovingston, Virginia in the County of Nelson, Virginia (collectively, the "Project"), and has held a public hearing on December 7, 2006; WHEREAS, Section 147(f) of the Intemal Revenue Code of 1986, as amended (the "Code"), provides that the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds; WHEREAS, a portion of the Project is to be located in the County of Albemarle, Virginia (the "County") and the Board of Supervisors of the County of Albemarle, Virginia ("Board") constitutes the highest elected governmental unit of the County; WHEREAS, in accordance with Section 147(f) of the Code, the public hearing held by the Authority was within 100 miles of the County; WHEREAS, for purposes of Section 15.2-4906 of the Code of Virginia of 1950, as amended (the "Virginia Code"), the Authority is issuing the portion of the Bond relating to the portion of the Project located in the County on behalf of the County. WHEREAS, the Authority has recommended that the Board approve the issuance of the Bond; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bond, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA: -1- 1. The Board approves the issuance of the Bond by the Authority for the benefit of the Company, as required by Section l47(f) of the Code and Section 15.2-4906 of the Code of Virginia of 1950, as amended ("Virginia Code") to permit the Authority to assist in the financing of the Project. 2. The Board concurs with the resolution to be adopted by the Authority and approves the issuance of the Bond by the Authority for the benefit of the Company as required by Section 15.2-4905 of the Virginia Code. 3. The approval of the issuance of the Bond does not constitute an endorsement to a prospective purchaser of the Bond of the creditworthiness of the Project or the Company. 4. This resolution shall take effect immediately upon its adoption. Adopted by the Board of Supervisors of the County of Albemarle, Virginia this 13th day of December, 2006. I., r ( , {) l l ( L 1 I Clerk, Board of Supervisors oft e County of Albemarle, Virginia I [SEAL] -2- December 7,2006 Board of Supervisors Albemarle County, Virginia 401 McIntire Road Charlottesville, Virginia Industrial Development Authority of the Town of Louisa, Virginia Proposed Financing for Region Ten Community Services Board, Inc. Region Ten Community Services Board, Inc. (the "Company") has requested that the Industrial Development Authority of the Town of Louisa, Virginia ("Authority"), assist the Company in (1) refinancing the Industrial Development Authority of Albemarle County, Virginia's $5,000,000 Variable Rate Community Services Facilities Revenue Bonds (Region Ten Community Services Board, Inc.), Series 1999, issued on August 31, 1999 originally issued to finance and refinance Company facilities located in the County of Albemarle, Virginia and the City of Charlottesville, Virginia (2) financing the acquisition, construction, renovation and equipping of the property known as Mountainwood, to house the Company's administrative offices and community services, located on an approximately 9 acre tract of land on Old Lynchburg Road, in the County of Albemarle, Virginia and (3) financing the acquisition, construction, renovation and equipping of the Nelson County Counseling Center located at Tanbark Plaza, Lovingston, Virginia in the County of Nelson, Virginia by the issuance of its revenue bonds in an amount not to exceed $8,000,000 ("Bonds"). As set forth in the resolution of the Authority attached hereto ("Resolution"), the Authority has agreed to issue its Bonds as requested. The Authority has conducted a public hearing on the proposed financing of the Project and has recommended that you approve the issuance of the Bonds as required by Section l47(f) of the Internal Revenue Code of 1986, as amended, and Section 15.2-4906 of the Code of Virginia of 1950, as amended. Attached hereto is (1) a certificate evidencing the conduct of the public hearing and the action taken by the Authority, (2) the Fiscal Impact Statement required pursuant to Virginia Code Section 15.2-4907, and (3) the form of r lution suggested by couns 1 to evidence your approval. \42818062 FISCAL IMPACT STATEMENT FOR PROPOSED BOND FINANCING Date: December 7,2006 To the Board of Supervisors of Albemarle County, Virginia Applicant: Region Ten Community Services Board, Inc. Facility: Facilities for the Care and Treatment of Persons With Mental Disabilities 1, Maximum amount of financing sought. $ 3,540,100 2. Estimated taxable value of the facility's real property to be constructed in the locality. $ 5,153,100 3. Estimated real property tax per year using present tax rates. $ 38,133 4. Estimated personal property tax per year using present tax rates. $ N/A 5. Estimated merchants' capital tax per year using present tax rates. $ N/A 6. (a) Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality. $ 183,000 (b) Estimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality. $ 64,000 (c) Estimated dollar value per year of services that will be purchased from Virginia companies within the locality. $ 186,000 (d) Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality. $ 210,000 7. Estimated number of regular employees on year round basis. 35 8. Average annual salary per employee 32,000 CERTIFICATE The undersigned Secretary of the Industrial Development Authority of the Town of Louisa, Virginia ("Authority") certifies as follows: 1. A meeting of the Authority was duly called and held on December 7, 2006, at 7:00 o'clock p.m. in the Town Council chambers at 212 Fredericksburg Avenue, in Louisa, Virginia, pursuant to proper notice given to each Director of the Authority before such meeting. The meeting was open to the public. The time of the meeting and the place at which the meeting was held provided a reasonable opportunity for persons of differing views to appear and be heard. 2. The Chairman announced the commencement of a public hearing on the application of Region Ten Community Services Board, Inc. and that a notice of the hearing was published once a week for two successive weeks in a newspaper having general circulation in the Town of Louisa, Virginia ("Notice"), with the second publication appearing not less than seven days nor more than twenty-one days prior to the original hearing date of November 28,2006, A copy of the Notice has been filed with the minutes of the Authority and is attached as Exhibit A. The original public hearing scheduled on November 28 was postponed due to a lack of a quorum. The location of the original public hearing was posted with a sign notifying all possible attendants that the meeting would be continued to December 7, 2006 at 7:00 o'clock p.m. at the same location. A copy of the posted sign is attached as Exhibit B. 3. A summary ofthe statements made at the public hearing is attached as Exhibit C. 4. Attached as Exhibit 0 is a true, correct and complete copy of a resolution ("Resolution") adopted at such meeting of the Authority by a majority of the Directors present at such meeting. The Resolution constitutes all formal action taken by the Authority at such \4229] 48.3 meeting relating to matters referred to in the Resolution. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on this date. -2- WITNESS my hand and the seal of the [SEAL] Exhibits: A - Copy of Certified Notice B - Copy of Posted Sign C - Summary of Statements D - Inducement Resolution -3- The Daily Progress P.O. BOX 9030 CHARLOTTESVILLE, VA 22906 TELEPHONE: (434)978-7210 CERTIFICATE OF PUBLICATION TO: I HEREBY CERTIFY THAT THE ATTACHED NOTICE WAS PUBLISHED IN THE DAILY PROGRESS, A NEWSPAPER IN CHARLOTTESVILLE, VIRGINIA, AND APPEARED IN THE ISSUE(S) DATED NOVEMBER I~ 2.~ OCTOBER 2006. 2006. PUBLISHING FEE: $ s ~(). BO GIVEN UNDER MY HAND THIS 27TH DAY OF NOVEMBER 2006 KATHLEEN HICKS, CREDIT MANAGER ~~~""Oo ~c.80~~ S ~ ~ 0 ~] ~""O~ o~~ Q) o ~ ~ s .~ :> Q) 0.- ~ Q)~~~O Q~~8~ ~ ~ ""0 U Q) .~ ~ ] ~ .s t).S ~ ~ .5 ~ .~ & ~ Q) o ~ ~ ~ ~ 0 rJJ ja.,f\ t1) ~ 0 ~~ In._ ~ 0 . ....., ~ .- d i3.- ~ ~ ~ ~ep~V~ o . - ..r:; ..d r- > r:n Co) bJJ .., ~ .- "t: o~~~w . _ r.n ..r;; ~ . - .;:::i ["---. ~;:::i S ~~ ....., o. Q) ..d ~ ~ ""0 ..r:; u~r-as ;..= o~ V ~ s:~gpg ~ ;;> 00 '.c 0 o N Q) ""0 ~ ~ Q) ~ Q) Q) S ro ..d ..0 bI) c:: E $::::l 0 V .- > ~ ~ 0 V.........Z V ._ 8~"-' o ~ Q) -:S ro ..c:~""O ~~.8 .., ~ ~ . ""0 r.n Q) r.n Q) ....c:: ~ u E-1]S ~ 0 8 ~:;::: 2 0 g o ""0 ~ = 03 0 ~...s= U Q) -:S ~ o ~ ~ .- ~ o ~ = ~ ro .- ~ 0 ~ .- Q) bl) S .=: ~> o .., ~ ro V r:n > .- Q) ;j Q 0 ~.~ ~~ .C 0 ~ 0 .g ~ ~ 0 ~~ EXHIBIT C TO CERTIFICATE Summary of Statements Representatives of Region Ten Community Services Board, Inc. and McGuireWoods LLP, bond counsel, appeared before the Authority to explain the proposed plan of financing. No one appeared in opposition to the proposed bond issue. RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE TOWN OF LOUISA, VIRGINIA AUTHORIZING THE ISSUANCE OF UP TO $8,000,000 REVENUE BOND FOR THE BENEFIT OF REGION TEN COMMUNITY SERVICES BOARD, INC. WHEREAS, the Industrial Development Authority of the Town of Louisa, Virginia, a political subdivision of the Commonwealth of Virginia ("Authority"), is empowered by the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended ("Act"), to issue its revenue bonds to promote the welfare of the inhabitants of the Commonwealth of Virginia by assisting in the acquisition, construction and equipping of projects for use by organizations which are described in S501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code") and which are exempt from federal income taxation pursuant to g501(a) of the Code and is further empowered to issue its revenue bonds for the purpose of carrying out its powers; WHEREAS, the Authority has received a request from Region Ten Community Services Board, Inc. a non-profit, Virginia nonstock corporation (the "Borrower"), requesting that the Authority issue its revenue bond to assist in (1) refinancing the Industrial Development Authority of Albemarle County, Virginia's $5,000,000 Variable Rate Community Services Facilities Revenue Bonds (Region Ten Community Services Board, Inc.), Series 1999, issued on August 31, 1999 originally issued to finance and refinance Borrower facilities located in the County of Albemarle, Virginia and the City of Charlottesville, Virginia (2) financing the acquisition, construction, renovation and equipping of the property known as Mountainwood, to house the Borrower's administrative offices and community services, located on an approximately 9 acre tract of land on Old Lynchburg Road, in the County of Albemarle, Virginia and (3) financing the acquisition, construction, renovation and equipping of the Nelson County Counseling Center located at Tanbark Plaza, Lovingston, Virginia in the County of Nelson, Virginia (collectively, the "Project"); WHEREAS, such assistance will induce the Borrower to locate the Project in Virginia and benefit the inhabitants of the Town of Louisa, Virginia and the Commonwealth of Virginia, either through the increase of their commerce or through the promotion of their safety, health, welfare, convenience or prosperity; WHEREAS, preliminary plans for the Project have been described to the Authority and a public hearing has been held as required by Section I 47(t) of the Internal Revenue Code of 1986, as amended, ("Code") and Section 15.2-4906 of the Act; WHEREAS, the Borrower has represented that the estimated cost of the acquisition, construction, renovation and equipping of the Project and all expenses of issue will require an issue of revenue bonds in the aggregate principal amount not to exceed $8,000,000 (the "Bond"); WHEREAS, the Bond will be a limited obligation of the Authority, the principal of, premium, if any, and interest on which will be payable solely out of the receipts and revenues of the Authority from the Loan Agreement dated as of December 1, 2006 (the "Loan Agreement"), between the Authority and the Borrower. WHEREAS, the foregoing arrangements will be reflected in the following documents which the Authority proposes to execute to carry out the transaction described above, forms of which have been presented to this meeting and filed with the Authority's records: (a) the Loan Agreement; (b) the Bond Purchase Agreement dated as of December 1, 2006 relating to the Bond among the Authority, the Borrower and Branch Bank and Trust Company, as purchaser of the Bond; and (c) a form of the Bond, bearing interest, maturing and payable as provided therein and in the Loan Agreement and which is attached to the Bond Purchase Agreement. All of the documents listed above, except the Bond, are referred to in this Resolution as the "Basic Documents". WHEREAS, (a) no member of the Board of Directors of the Authority is an officer or employee of the Town of Louisa, Virginia, (b) each member has, before entering upon his duties during his or her present term of office, taken and subscribed to the oath prescribed by Section 49-1 of the Code of Virginia of 1950, as amended and (c) at the time of their appointments and at all times thereafter, including the date hereof, all of the members of the Board of Directors of the Authority have satisfied the residency requirements of the Act; and WHEREAS, no member of the Board of Directors of the Authority has any personal interest or business interest in the Borrower, the bond, or any of the transactions contemplated therein or has otherwise engaged in conduct prohibited under the Conflict of Interests Act, Chapter 31, Title 2.2 of the Code of Virginia of 1950, as amended (the "Conflict of Interests Act") in connection with this resolution or any other official action of the Authority in connection therewith. NOW, THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE TOWN OF LOUISA, VIRGINIA: 1. It is hereby found and determined that the acquisition, construction, renovation and equipping of the Project will be in the public interest and will promote the commerce, safety, health, welfare, convenience or prosperity of the Commonwealth of Virginia, the Town of Louisa, Virginia, and their citizens. 2. The issuance of the Authority's revenue bond pursuant to the Loan Agreement to be known as the Industrial Development Authority of the Town of Louisa, Virginia Community Services Facilities Revenue Bond (Region Ten Project), Series 2006, in a principal amount not to exceed $8,000,000 is hereby authorized and approved. The Bond shall be in substantially the form with substantially the terms provided therein as attached as an exhibit to the Bond Purchase Agreement. 3. The Bond and the Basic Documents are approved in substantially the forms submitted to this meeting, with such changes, insertions or omissions (including, without limitation, changes of the dates thereof) as may be approved by the Chair or the Vice Chair of -2- the Authority, whose approval will be evidenced conclusively by the execution and delivery of the Bond. 4. The execution, delivery and performance by the Authority of the Basic Documents to which it is a party are authorized. The execution of the Bond and its delivery against payment therefor, the amount of such payment to be disbursed in accordance with the terms of the Loan Agreement, are authorized. 5. The Chair or the Vice Chair of the Authority are each authorized to execute on behalf of the Authority the Bond and the Basic Documents to which the Authority is a party, and the Secretary or Assistant Secretary of the Authority are each authorized to affix the seal of the Authority to the Bond and, if required, the Basic Documents and to attest such seal. The signatures of the Chair or Vice Chair and the Secretary or Assistant Secretary and the seal of the Authority may be by facsimile. Each officer of the Authority is authorized to execute and deliver on behalf of the Authority such instruments, documents or certificates, and to do and perform such things or acts, as he or she deems necessary or appropriate to carry out the transactions authorized by this Resolution or contemplated by the Bond, the Basic Documents or such instruments, documents or certificates, and all of the foregoing, previously done or performed by such officers of the Authority, are in all respects approved, ratified and confirmed. 6. The Authority determines that the issuance of the Bond in accordance with the terms of the Basic Documents and all actions of the Authority contemplated by them will be in furtherance of the purposes for which the Authority was organized. 7. It having been represented to the Authority that it is necessary to proceed immediately with the acquisition, construction and equipping of the Project, and the planning therefor, the Authority agrees that the Borrower may proceed with plans for the Project, enter into contracts for land, construction, materials and equipment for the Project, and take such other steps as it may deem appropriate in connection with the Project, provided, however, that nothing in this resolution shall be deemed to authorize the Borrower to obligate the Authority without its consent in each instance to the payment of any moneys or the performance of any acts in connection with the Project. The Authority agrees that the Borrower may be reimbursed from the proceeds of the bonds for all expenditures and costs so incurred by it, provided such expenditures and costs are properly reimbursable under the Act and applicable federal laws. 8. At the request of the Borrower, the Authority approves McGuireWoods LLP, Richmond, Virginia, as Bond Counsel in connection with the issuance of the bond. 9. All costs and expenses in connection with the financing and the acquisition, construction, renovation and equipping of the Project, including the fees and expenses of Bond Counsel and Authority Counsel, shall be paid by the Borrower or, to the extent permitted by applicable law, from the proceeds of the bond. If for any reason such bond is not issued, it is understood that all such expenses shall be paid by the Borrower and that the Authority shall have no responsibility therefor. lO. In adopting this resolution the Authority intends to take "official action" toward the issuance of the bond and to evidence its "official intent" to reimburse from the proceeds of -3- the bond any expenditures paid by the Borrower to finance the acqUIsItIOn, construction, renovation and equipping of the Project and the planning therefor before the issuance of the bond, all within the meaning of regulations issued by the Internal Revenue Service pursuant to Sections 103 and 141 through 150 and related sections of the Code. 11. The Authority recommends that the governing bodies of the Town of Louisa, Virginia, the City of Charlottesville, Virginia and the Counties of Albemarle and Nelson, Virginia approve the issuance of the bond. 12. This resolution shall take effect immediately upon its adoption. -4- CERTIFICATE The undersigned Secretary of the Industrial Development Authority of the Town of Louisa, Virginia ("Authority") certifies that the foregoing is a true, correct and complete copy of a resolution adopted by a majority of the Directors of the Authority present and voting at a meeting duly called and held on December 7, 2006, in accordance with law, and that such resolution has not been repealed, revoked, rescinded or amended but is in full force and effect on this date. 2006. WITNESS the following signature and seal of the Authority, this ih day: [SEAL] At a regular meeting of the Board of Supervisors of the County of Albemarle, Virginia, held on the _ day of December, 2006, the following members of the Board of Supervisors were recorded as present: PRESENT: On motion by seconded by , the attached Resolution was adopted by a majority of the members of the Board of Supervisors by a roll call vote, the votes being recorded as follows: MEMBER VOTE \4249053.1 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA WHEREAS, the Industrial Development Authority of the Town of Louisa, Virginia (the "Authority"), has been requested by Region Ten Community Services Board, Inc. (the "Company"), a non-profit, Virginia non stock corporation, to approve the issuance of a revenue bond in an amount not to exceed $8,000,000 ("Bond") to assist the Company in (1) refinancing the Industrial Development Authority of Albemarle County, Virginia's $5,000,000 Variable Rate Community Services Facilities Revenue Bonds (Region Ten Community Services Board, Inc.), Series 1999, issued on August 31, 1999 originally issued to finance and refinance Company facilities located in the County of Albemarle, Virginia and the City of Charlottesville, Virginia (2) financing the acquisition, construction, renovation and equipping of the property known as Mountainwood, to house the Company's administrative offices and community services, located on an approximately 9 acre tract of land on Old Lynchburg Road, in the County of Albemarle, Virginia and (3) financing the acquisition, construction, renovation and equipping of the Nelson County Counseling Center located at Tanbark Plaza, Lovingston, Virginia in the County of Nelson, Virginia (collectively, the "Project"), and has held a public hearing on December 7, 2006; WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds; WHEREAS, a portion of the Project is to be located in the County of Albemarle, Virginia (the "County") and the Board of Supervisors of the County of Albemarle, Virginia ("Board") constitutes the highest elected governmental unit ofthe County; WHEREAS, in accordance with Section 147(f) of the Code, the public hearing held by the Authority was within lOO miles of the County; WHEREAS, for purposes of Section 15.2-4906 of the Code of Virginia of 1950, as amended (the "Virginia Code"), the Authority is issuing the portion of the Bond relating to the portion of the Project located in the County on behalf of the County. WHEREAS, the Authority has recommended that the Board approve the issuance of the Bond; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bond, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA: -1- 1. The Board approves the issuance of the Bond by the Authority for the benefit of the Company, as required by Section 147(f) of the Code and Section 15.2-4906 of the Code of Virginia of 1950, as amended ("Virginia Code") to permit the Authority to assist in the financing of the Project. 2. The Board concurs with the resolution to be adopted by the Authority and approves the issuance of the Bond by the Authority for the benefit of the Company as required by Section 15.2-4905 of the Virginia Code. 3. The approval of the issuance of the Bond does not constitute an endorsement to a prospective purchaser of the Bond of the creditworthiness of the Project or the Company. 4. This resolution shall take effect immediately upon its adoption. Adopted by the Board of Supervisors of the County of Albemarle, Virginia this _ day of December, 2006. Clerk, Board of Supervisors of the County of Albemarle, Virginia [SEAL] -2- McGuireWoods LLP One James Center 901 East Cary Street Richmond, VA 23219-4030 Phone: 804.775.1000 Fax: 804.775.1061 www.mcguircwoods.com Jessica C. Kleinhans Direct: ilO4.77S.1 026 r~\ ......~ j klei nhans@mcguirewoorls.com Direct Fax: 804.775.1061 December 1, 2006 BY FEDERAL EXPRESS Ella W. Carye Clerk, Albemarle County Board of Supervisors 401 Mcintire Rd Charlottesville, VA 22902 Industrial Development Authority of Fluvanna County, Virginia Proposed Financing for Westminster-Canterbury of Blue Ridge Dear Ella: Enclosed are your copies of the Proposed Financing for the subject bond transaction. Please make sure that this is on the agenda for the Board of Supervisors meeting on Wednesday, December 13, 2006. Very truly yours, . ~.. I fill i / .' I' L" . . II v)fCt{./ '-_/' lJ:j,) i f) {~~, Jessica C. Kleinhans P}aralegal Enclosure At a regular meeting of the Board of Supervisors of the County of Albemarle, Virginia, held on the 13th day of December, 2006, the following members of the Board of Supervisors were recorded as present: PRESENT: Ken Boyd, Lindsay Domer, Dennis Rooker, David Slutzky, Sally Thomas, David Wyant On motion by Sally Thomas, seconded by Lindsay Domer, the attached Resolution was adopted by a majority of the members of the Board of Supervisors by a roll call vote, the votes being recorded as follows: MEMBER VOTE Ken Boyd Lindsay DOITier Dennis Rooker David Slutzky Sally Thomas David Wyant Aye Aye Aye Aye Aye Aye RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA WHEREAS, the Industrial Development Authority of Fluvanna County, Virginia (the "Authority"), has been asked by Westminster-Canterbury of the Blue Ridge (the "Company"), a non-profit, Virginia nonstock corporation, to approve the issuance of a revenue bond in an amount not to exceed $4,000,000 ("Bond") to assist the Company in financing the costs of capital improvements at the Company's existing residential care retirement facility located at 250 Pantops Mountain Road in the County of Albemarle, Virginia including without limitation the construction and equipping of additional cottages at the facility ("Project"), and has held a public hearing on November 29,2006; WHEREAS, Section 147(t) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds; WHEREAS, the Project is to be located in the County of Albemarle, Virginia (the "County") and the Board of Supervisors of the County of Albemarle, Virginia ("Board") constitutes the highest elected governmental unit of the County; WHEREAS, in accordance with Section 147(t) of the Code, the public hearing held by the Authority was within 100 miles of the County; WHEREAS, for purposes of Section 15.2-4906 of the Code of Virginia of 1950, as amended (the "Virginia Code"), the Authority is issuing the Bond on behalf of the County. WHEREAS, the Authority has recommended that the Board approve the issuance of the Bond; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bond, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA: 1. The Board approves the issuance of the Bond by the Authority for the benefit of the Company, as required by Section 147(t) of the Code and Section 15.2-4906 of the Virginia Code to permit the Authority to assist in the financing of the Project. 2. The Board concurs with the resolution to be adopted by the Fluvanna Authority and approves the issuance of the Bond by the Authority for the benefit of the Company as required by Section 15.2-4905 of the Act. 3. The approval of the issuance of the Bond does not constitute an endorsement to a prospective purchaser of the Bond of the creditworthiness of the Project or the Company. 4. This resolution shall take effect immediately upon its adoption. Adopted by the Board of Supervisors of e County of Albemarle, Virginia this 13th day of December, 2006. (/, .. flL u I { Cler , Board of Supervisors 0 the County of Albemarle, Virginia ( [SEAL] November 29, 2006 Board of Supervisors County of Fluvanna, Virginia 132 Main Street Palmyra, Virginia 22963 Board of Supervisors County of Albemarle, Virginia 401 McIntire Road Charlottesville, Virginia 22902 Industrial Development Authority of Fluvanna County, Virginia Proposed Financing for \Vestminster-Canterbury of the Blue Ridge Westminster-Canterbury of the Blue Ridge (the "Company") has requested that the Industrial Development Authority of Fluvanna County, Virginia ("Authority"), assist the Company in financing the costs of capital improvements at the Company's existing residential care retirement facility located at 250 Pantops Mountain Road in the County of Albemarle, Virginia including without limitation the construction and equipping of additional cottages at the facility ("Project"), by the issuance of its revenue bonds in an amount not to exceed $4,000,000 ("Bonds"). As set forth in the resolution of the Authority attached hereto ("Resolution"), the Authority has agreed to issue its Bonds as requested. The Authority has conducted a public hearing on the proposed financing of the Project and has recommended that you approve the issuance of the Bonds as required by Section 147(1) of the Internal Revenue Code of 1986, as amended, and Section 15.2-4906 of the Code of Virginia of 1950, as amended. Attached hereto is (I) a certificate evidencing the conduct of the public hearing and the action taken by the Authority, (2) the Fiscal Impact Statement required pursuant to Virginia Code Section 15.2-4907, and (3) the form of resolution suggested by counsel to evidence your approval. .~~ Secretary, Industrial Development Authori ' of Fluvanna County, Virginia 427965 I 1 CERTIFICA TE The undersigned Secretary of the Industrial Development Authority of Fluvanna County ("Authority") certifies as follows: 1. A meeting of the Authority was duly called and held on November 29, 2006, at 6:00 o'clock p.m. at the Historic Courthouse, Court Green, in Palmyra, Virginia, pursuant to proper notice given to each Director of the Authority before such meeting. The meeting was open to the public. The time of the meeting and the place at which the meeting was held provided a reasonable opportunity for persons of differing views to appear and be heard. 'I .:-. The Chairman announced the commencement of a public hearing on the application of Westminster-Canterbury of the Blue Ridge and that a notice of thc hearing was published once a week for two successive weeks in a newspaper having general circulation in the County of Fluvanna, Virginia ("Notice"), with the second publication appearing not less than seven days nor more than twenty-one days prior to the hearing date. A copy of the Notice has been filed with the minutes of the Authority and is attached as Exhibit A. 3. A summary of the statements made at the public hearing is attached as Exhibit B. 4. Attached as Exhibit C is a true, correct and complete copy of a resolution ("Resolution") adopted at such meeting of the Authority by a majority of the Directors present at such meeting. The Resolution constitutes all formal action taken by the Authority at such meeting relating to matters referred to in the Resolution. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and clIect on this date. 42795'75.1 WITNESS my hand and the seal of the Authority, this 29th day of November, 2006. a5~r:: ~ Secretary, Industrial Development Authority--- of Fluvanna County, Virginia [SEAL] Exhibits: A - Copy of Certified Notice B - Summary of Statements C - Inducement Resolution -2- 11/27/2005 12:38 4349787214 DAILY PROGRESS PAGE 02/03 The Daily Progress P.O. BOX 9030 CHARLOTIESVILLE, VA 22906 TELEPHONE: (434)978-7210 CERTIFICATE OF PUBLICATION TO: ~~ I HEREBY CERTIFY THAT THE ATTACHED NOTICE WAS PUBLISHED IN THE PAIL Y PROGRESS, A NEWSPAPER IN CHARLOTTESVILLE, VIRGINIA, AND APPEARED IN THE ISSUE(S) DATED NOVEMBER. /.s;.-2 2.. OCTOBER PUBLISHING FEE: $ 138~3L- GIVEN UNDER MY HAND THIS 27TH DAY OF NOvEMBER 2006 2006. 2006. . tIIO~(jJFiJ1tJa['1tH41:t~hJNGON . .~SEI)REVENOEaOND ".F1I'4ANClNIiI.iY.tNtJDSrffiAl DEVEl.ORMENtAt.'ITHIJRI'f:Y.OF ,f~~VAI'IN~.C?U~n:,'\lI~GINIA'. '.~. Notlce '1JsIhetebyg!ven \ha\{'tl1~ Indu!;trl:ll D~. v~lotl1)l~t, ,AothorltYo'f~luvimna . County, virgfnla("I\QI:l1O!ity').: whose .address Is 132 Marn Stt"eet, P~lrnyra, vit9inla Z2963will ' hold a' plibllche~r1ng On tire MolIClltion of Westmil1S~r'Cant~rbutY .01 .the lllueRldge (the "CDl11pllTlf~, ,whose .,addtessi$'2SDPan. tops Mountain Road, Charlllttl!svllle, Vlrglliia 22901. re~uestrll1l.,llle. Authority '.' to 1s;ue' .up to$4,OOO,GOIlof ItsreveniIebOmls to asSist' tht'jCoo1p;ltn' in fln~eing .thecosts ,91 capl'l tal iIipr:oyements at 'Ure 'COlTlplll1Y'5.e.I;lstil19 I r~s.l.de' ..relir.etnent ladlltyloclIled I .,.1it,250.MQuntam'll<Iad in'\he >Coun. , "'.:!t,.OfO" , Ie. oIJIrglnla Inc!udlngwltl1oUt . i ':h/!\it:!g~I1;1 e con~uC1ijOll: Ilnd.1!qulpplng of ,~~!t!,~artottages atthelfaClllty,.. ", .' ;'lii"'~~~~ "'(if, reVi!nui .'bDdtk.~ ' .i'liqtletm~' I': ...tM';campan~ wUln~COr\S~tuw a deb~or , '. edg1!oflhe f:llth;,ah'd,' r:rodll,tif 4he~m- monwealth .Qf Vi~lnj~ . !;it . \l1e Cll1JrttYlif 'FIll, . vanna. Vi .neltllerthe, .falth.an. ~" ~n!dlt nor. ..~Wer: :of tlli! common. ~1IIt~..<if .,or lan~J~litlcal.su~dlvi... '$lon'tJte e. p\/ldgea.tlJtM 'pllymlli'it' ofsuch,bond~~, .~. ':',; ....... rnepublie~i1rin '. wh h. may be continued 'or. ,1ldIOUmed;'WI~Llr~held .at "6:00 "~'clock, p;m.on . NOVember . 29~2006, before .lheAu, .thodl)', .i1tthe Hlstor ,/CnurthllUse,:Court Grcen,ln PalmY1ll.VI . lilla;' . 'Al1Yllerson 'in< ,tere~ell .'1n the ,Issuance of the ,:bonds orttJe loc~tiOlr ,'tlt'llaMe!',c;f 'ltlle'..propo;ed. .profect 'mll)' appea~..'Bt! 'the <hellflTlll [.and ,i~sertt hi; or 'her vfffiS;:' 'Ihformation ...tegu~lngthc: ...:Qm. p~er;n.p.llcatlon':,ll;... . "on 'file.' and ,1$ Q.p. .en., lodri . or ~ .ft; 11il!'AUIlloii!y:s' .iIfflce arm' 'MIlIR.' ..':'Palrnjt:~\1IrV1A~'ZZ9Ga :d~fll1~. ,buslnest hOIlI"S. . 'I Ind~M;Dli\It!I Gjlml!ltt.AtJtIlor Ity. tIl'P.'1tI\1mlrtaC 'nla PAGE 2/3 * RCVD AT 11/2712006 11 :35:1 0 AM [Eastern Standard Time] * SVR:RIGHTFAXI9! DNIS:8001 * CSID:4349787214 * DURATION (mm"ss):02.50 FROM : FAX NO. : Nov. 27 2006 04:47PM Pi ~Ql1f." 1d/( ed II fA1f~ REVIEW Flnmmna . }l)U(J~ham f'rQ!~piUt OC~Jagazine From: P.O. Box 59 · Palmyra, VA 22963 Phone: (434) 591-1000 · Fax: (434) 589-1704 ~XL SJu.d4 / )114f_ UJ rrrrd/J /r . ~ lwNaMNtA- R~J\rr~-1A) I To: Re: Number of pages in'cluding cover: 3 Fax: g O!{-- berg --:1Jtf~ . Message: .1Jw'rw#l~~ ~O~'r-u ~ ~. Y1MHA!Vtitelu I~ tfM4 ~~ . ~J V--tf. h.) ~ dM;Wld ~ -fhM~ 1f/Vilo. 1M #td ~. JPrMli. kvwW1 ~a Mfl4 .~ ~-f/ud-, . . PAGE 1131 RCVD AT 11127120063:20:18 PM [Eastern standard Time] 1 SVR:RIGHTFAX/22 ! DNIS:21481 CSID: 1 DURATION (mm-ss):05.20 ',itz;So.;(,s~~~l ~o.,~~.na:.~ :~I~~~.!,~:S~~.Zt~~!~~I~~^S..1 [a~11 p~p~~uiaJSe31"~. 8~OtC'9,~~~ii,~!~~'g:~~~,,,:~!~:~~!~ ::":':\';"..')~;:~~.. ',fil::E~:~;~;:~ '.' ~.~ ~.. . f ~< f~~~'".c~J:f ,'i' ,,"" ".'- ~ r:: Ul) ...,Z.Q) .~, .[1 0'<::< ,..J ~ ,~'. l':::I > 'IJ ' f,l;.i. ~: , . < '0 LQ ~ ... .... .... ~ .,..J bb" ;;S ~ ~. ,Q i!) <h :f <V :a.. 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IJ ~ C"-l 2 S. 1'6'.S 8 8, ~.~ 8..;;8 .8 Jl:s, g;.~.~~ ;,..\.,;,.,. cd WdLl7:l70 900c Lc '(\OH 'OH Xtl.::J WOd.::J FROM FAX NO. Nov. 27 2006 04:50PM P3 '" " ,', ~. .' '1-0 o VI ~ .c g ~. ,1?f ~' -,,(:; - III ~'E o OJ" ~':~;<'i._ ' Slz " <lJ '" . .... h; '" ", - t:I III = - It .' -B...g;;$;",j< ...'1;l .,g:~"~ Q. "~'-lo-I .. 0 <l;J~' ;l:,g.p.~ j EXHIBIT B TO CERTIFICATE Summary of Statements Representatives of Westminster-Canterbury of the Blue Ridge and McGuireWoods LLP, bond counsel, appeared before the Authority to explain the proposed plan of financing. No one appeared in opposition to the proposed bond issue. -3- RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF FLUV ANNA COUNTY, VIRGINIA AUTHORIZING THE ISSUANCE OF UP TO $4,000,000 REVENUE BOND FOR THE BENEFIT OF WESTMINSTER-CANTERBURY OF THE BLUE RIDGE WHEREAS, the Industrial Development Authority of Fluvanna County, Virginia, a political subdivision of the Commonwealth of Virginia ("Authority"), is empowered by the Industrial Development and Revenue Bond Act, Chapter 49, Title] 5,2, Code of Virginia of 1950, as amended ("Act"), to issue its revenue bonds to promote the welfare of the inhabitants of the Commonwealth of Virginia by assisting in the acquisition, construction and equipping of facilities for the residence and care of the aged in order to provide modern and efficient services to them, in accordance with their special needs and is further empowered to issue its revenue bonds for the purpose of carrying out its powers: WHEREAS, the Authority has received a request from Westminster-Canterbury of the Blue Ridge a non-profit, Virginia nonstock corporation (the "Company"), requesting that the Authority issue its revenue bond to assist in financing the costs of capital improvements at the Company's existing residential care retirement facility located at 250 Pantops Mountain Road in the County of Albemarle, Virginia including without limitation the construction and equipping of additional cottages at the facility ("Project"); WHEREAS, such assistance will benefit the inhabitants of the County of Fluvanna, Virginia and the Commonwealth of Virginia, either through the increase of their commerce or through the promotion of their safety, health, \velfare, convenience or prosperity; WHEREAS, preliminary plans for the Project have been described to the Authority and a public hearing has been held as required by Section 147(f) of the Internal Revenue Code of] 986, as amended, ("Code") and Section 15.2-4906 of the Act; WHEREAS, the Company has represented that the estimated cost of the acqUlsltlOn, construction, renovation and equipping of the Project and all expenses of issue will require an issue of revenue bonds in the aggregate principal amount not to exceed $4,000,000; WHEREAS, (a) no member of the Board of Directors of the Authority is an officer or employee of the County of Fluvanna, Virginia, (b) each member has, before entering upon his duties during his or her present term of office, taken and subscribed to the oath prescribed by Section 49-1 of the Code of Virginia of 1950, as amended and (c) at the time of their appointments and at all times thereafter, including the date hereof, all of the members of the Board of Directors of the Authority have satisfied the residency requirements of the Act; and WHEREAS, no member of the Board of Directors of the Authority has any personal interest or business interest in the Company, the bond, or any of the transactions contemplated therein or has otherwise engaged in conduct prohibited under the Conflict of Interests Act Chapter 31, Title 2.2 of the Code of Virginia of 1950, as amended (the "Conflict of Interests Act") in connection with this resolution or an) other official action of the Authority in connection therewith. NOW, THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF FLUV ANNA COUNTY, VIRGINIA: 1. It is hereby found and determined that the acquisition, construction, renovation and equipping of the Project will be in the public interest and will promote the commerce, safety, health, welfare, convenience or prosperity of the Commonwealth of Virginia, the County of Fluvanna, Virginia, and their citizens. 2. The Authority hereby agrees to assist the Company in financing the acquisition, construction, renovation and equipping of the Project by undertaking the issuance of its revenue bond in an amount not to exceed $4,000,000 upon terms and conditions mutually agreeable to the Authority and the Company. The bond will be issued pursuant to documents satisfactory to the Authority. The bond may be issued in one or more series at one time or from time to time. 3. It having been represented to the Authority that it is necessary to proceed immediately with the acquisition, construction and equipping of the Project, and the planning therefor, the Authority agrees that the Company may proceed with plans for the Project, enter into contracts for land, construction, materials and equipment for the Project, and take such other steps as it may deem appropriate in connection with the Project, provided, however, that nothing in this resolution shall be deemed to authorize the Company to obligate the Authority without its consent in each instance to the payment of any moneys or the performance of any acts in connection \vith the Project. The Authority agrees that the Company may be reimbursed from the proceeds of the bonds for all expenditures and costs so incurred by it, provided such expenditures and costs are properly reimbursable under the Act and applicable federal laws. 4. At the request of the Company, the Authority approves McGuireWoods LLP, Richmond, Virginia, as Bond Counsel in connection with the issuance of the bond. 5. All costs and expenses in connection with the financing and the acqUISItIOn, construction, renovation and equipping of the Project, including the fees and expenses of Bond Counsel and Authority Counsel, shall be paid by the Company or, to the extent permitted by applicable law, from the proceeds of the bond. If for any reason such bond is not issued, it is understood that all such expenses shall be paid by the Company and that the Authority shall have no responsibility therefor. 6. In adopting this resolution the Authority intends to take "official action" toward the issuance of the bond and to evidence its "official intent" to reimburse from the proceeds of the bond any expenditures paid by the Company to finance the acquisition, construction, renovation and equipping of the Project and the planning therefor before the issuance of the bond, all within the meaning of regulations issued by the Internal Revenue Service pursuant to Sections 103 and 141 through 150 and related sections of the Code. 7. The Authority designates the Bond as a "qualified tax-exempt obligation" eligible for the exception from the disallowance of the deduction of interest by financial institutions allocable to the cost of carrying tax-exempt obligations in accordance with the provisions of Section 265(b)(3) of the Code. The Authority does not reasonably anticipate issuing more than $10,000,000 in qualified tax-exempt obligations during calendar year 2006 and the Authority ') -L- will not designate more than $10,000,000 of qualified tax-exempt obligations pursuant to such Section 265(b )(3). 8. The Authority recommends that the Boards of Supervisors of the Counties of Fluvanna and Albemarle, Virginia approve the issuance of the bond. No bond may be issued pursuant to this resolution until such time as the issuance of the bond has been approved by such Boards of Supervisors. 9. This resolution shall take effect immediately upon its adoption. -3- , . CERTIFICA TE The undersigned Secretary of the Industrial Development Authority of Fluvanna County, Virginia ("Authority") certifies that the foregoing is a true, correct and complete copy of a resolution adopted by a majority of the Directors of the Authority present and voting at a meeting duly called and held on November 29, 2006, in accordance with law, and that such resolution has not been repealed, revoked, rescinded or amended but is in full force and effect on this date. WITNESS the following signature and seal of the Authority, this 29th day of November, 2006. 0~tP:: Secretary of the Industrial Deve opment Authority of Fluvanna County, Virginia [SEAL] FISCAL IMP ACT STATEMENT FOR PROPOSED BOND FINANCING Date: November 29, 2006 To the Boards of Supervisors of the County of Albemarle, Virginia Applicant: Facility: Westminster-Canterbury of the Blue Ridge Residential Retirement Facility 1. 2. Maximum amount of financing sought. Estimated taxable value of the f~lcility's real property to be constructed in the locality. $4,000,000 $3,500,000 3. Estimated real property tax per year using present tax rates. $ 800,000 (30,000)* 4. Estimated personal property tax per year using present tax rates. $ 25,000 5. Estimated merchants' capital tax per year using present tax rates. $ 0 6. (a) Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality. $2,000,000 (100,000)* (b) Estimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality. (c) Estimated dollar value per year of services that will be purchased from Virginia companies within the locality. $1,000,000 (50,000)* $ 200,000 (10,000)* (d) Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality. $ 100,000 (5,000)* 7. Estimated number of regular employees on year round basis. 8. 260 $ 30,000 A verage annual salary per employee. ~.~ ~/~ CS-' Chairman, Industrial Development Authority of Fluvanna County, Virginia * ( ) reflects the impact of the new project \4279691 I At a regular meeting of the Board of Supervisors of the County of Albemarle, Virginia, held on the 13th day of December, 2006, the following members of the Board of Supervisors were recorded as present: PRESENT: On motion by seconded by , the attached Resolution was adopted by a majority of the members of the Board of Supervisors by a roll call vote, the votes being recorded as follows: MEMBER VOTE COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Revenue Sharing - Fiscal Year 2007 AGENDA DATE: December 13, 2006 ACTION: INFORMATION: SU BJ ECT/PROPOSALlREQU EST: Approval of resolution allowing the County to participate in VDOT's Revenue Sharing program CONSENT AGENDA: ACTION: X INFORMATION: STAFF CONTACT(S): Tucker, Foley, Davis, Graham, Benish, Wade ATTACHMENTS: Yes REVIEWED BY: LEGAL REVIEW: Yes BACKGROUND: VDOT's Revenue Sharing program provides the opportunity for the County to receive an additional $1,000,000 for road improvements. The County has participated in this Program since 1988; however, the program has changed significantly this year. The most significant change to the program is a new tiered approach to prioritizing applications and awarding funds, which is oriented to encouraging a larger match of funds from the locality than the previous dollar-for-dollar match under the old program requirements. An explanation of the changes to the Revenue Sharing Program and, specifically, the tier concept can be found in the attached letter from VDOT (Attachment A). STRATEGIC PLAN: Goal 3: Develop Policies and Infrastructure Improvements to Address the County's Growing Needs. DISCUSSION: The Revenue Sharing Program is a competitive funding program with a total statewide funding of $15 million for FY07. In order to provide the most competitive application, the County will need to provide a greater amount of match than in previous years to qualify under the Tier One category. Tier One projects will be funded first before proceeding to other Tiers and the priority of funding will be based on the amount of local match above a dollar-for-dollar match. Specifically, VDOT's policy for Tier One states: Tier One provides funding when the governing body commits more than $1 million in local funds for a $1 million match. The locality's total requests are considered for tier one funding. If requests exceed funds available, tier one requests will be prioritized based on the amount of local funds committed above the matching funds. Please note, local matching funds must be available for use by April 1, and those in excess of $1 million match, must be spent prior to receiving state matching funds. The use of state Revenue Sharing funds requires that state laws, policies, and procedures must be followed. The Revenue Sharing Program is expected to be very competitive this year under the new guidelines. Staff is recommending providing a $1.5 million match for the Meadow Creek Parkway. This will allow the County's request to meet the Tier One criteria and make the request more competitive. Since this is the first year under the new program criteria, there is little history or guidance from VDOT on what other localities will be financially committing to the program, or how competitive a $1.5 million local match will be. If funded, this would result in an additional $2.5 million for the Meadow Creek Parkway. VDOT Residency staff has recommended applying FY 07 Revenue Sharing funds to the Meadow Creek Parkway project to ensure that sufficient funds are available to cover the current estimated funding shortfall and ensure the project stays on schedule for construction. To date, the County has authorized VDOT to move prior revenue sharing funds and prior secondary fund allocations from the Free State Road, Old Ivy Road and Proffit Road projects to cover some of the shortfall (no funds have AGENDA TITLE: Revenue Sharing - Fiscal Year 2007 December 13, 2006 Page 2 been moved from Jarman's Gap Road or Georgetown Road at this time). As a result, approximately $2.4 million of previously allocated Revenue Sharing funds from Old Ivy Road and Proffit Road will be transferred to the Meadow Creek Parkway ($1.2 million County share and VDOT match). However, there is recent concern at the VDOT Residency Office that there is still a shortfall of $2.0 to $2.5 million in funding for the Parkway based on the current project cost estimate. In early November, it appeared that approximately $4.0 million of the estimated $4.6 million shortfall had been covered. But last week the Residency staff was advised that a total of $1.5 million thou~ht to be available to transfer to MCP, may not be available for transfer. VDOT staff will be available at the December 13 meeting to provide further information on the status of funding. Providing Revenue Sharing Funds to the Meadow Creek Parkway project will ensure sufficient funds will be available to cover this project. Any funds from other sources or prior allocations from other projects which may become available in the future could then be transferred to the other high priority local projects such as Jarman's Gap Road and Georgetown Road. BUDGET IMPACT: The County's match of $1.0 million has been allocated in the Capital Improvement Program. The $500,000 is available from funds allocated to the Transportation Program in the CIP. The $1.5 million will leverage an additional $1.0 million in VDOT funds to be used toward high priority road improvements. RECOMMENDATIONS: Staff recommends that the Board of Supervisors adopt the resolution to participate in Revenue Sharing for FY 2007 found on Attachment B. ATTACHMENTS Attachment A: VDOT Revenue Sharinq Letter Attachment B: Resolution 06.178 Attachment A COMMONWEALTH of VIRGINIA DAVID S. EKERN, P.E. COMMISSIONER DEPARTMENT OF TRANSPORTATION 1.IOl h\ST B1~Of\[) STHEET RICllt..10ND. VIRCINlli :~3.::' 19<'000 October 13,2006 County Administrators/City & Town Managers RE: Revenue Sharing Program for FY 2007 On October 11, 2006, the Commonwealth Transportation Board approved the new guidelines for the Revenue Sharing Program. These guidelines are based on changes made to the Code of Virginia, under Section 33.1-23.05, during the 2006 regular session of the General Assembly. This new section allows all counties, as well as cities and towns, maintaining their roadways to apply for Revenue Sharing Funds up to $1 million. It also sets out priorities/tiers for funding. The total program's budget is $15 million for FY07. The most significant change with the new program is a tiered approach to providing funds. All requests in the preceding tier must be funded before requests in the next tier are considered. Applications will be prioritized based on the following: · Tier one provides funding when the goveming body commits more than $1 million in local funds for a $1 million match. The locality's total requests are considered for tier one funding. If requests exceed funds available, tier one requests will be prioritized based on the amount of local funds committed above the matching funds. Please note, local matching funds must be available for use by April 151 and those in excess of the $1 million match, must be spent prior to receiving state matching funds. The use of state Revenue Sharing funds requires that state laws, policies, and procedures must be followed. · Tier two provides funding when the project is administered by the locality. Local administration must include all remaining phases of the project. · Tier t1u'ee provides funding to projects when the allocation will accelerate an existing project in the Six-Year Improvement Program or the locality's capital plan. · Tier four projects include any other requests that have a matching allocation from the goveming body. OOVEARSOF TRANSPORTATION EXCELLENCE 1 906 200 6 County Administrators, City and Town Managers October 13, 2006 Page Two The current program guidelines and application fonns can be reviewed at hllP://\\'\\'\V.vir~iniadot.or~/bllsincss/local-assistancc.asp. If your locality wishes to participate in the program for the fiscal year ending June 30, 2007, the following items must be provided by December 22. 2006, to the Local Assistance Division: · A resolution of the County Board of Supervisors or City/Town Council outlining their request to participate and support of the potential projects identified for possible funding from the program (sample on the website), · A Detailed Designation of Funds Form for each project, which gIves detailed project infonnation (on the website), and · A SU/JI/JIwy Designation of Funds Form which summarizes and prioritizes the list of eligible projects (on the website). Each locality will need to work directly with their Residency Administrator, Urban Program Manager or other designated VDOT representative in selecting eligible projects, developing estimates and submitting the necessary paperwork. A list of managers is also included in the Revenue Sharing Guide. The Department looks forward to working with you on this during the upcoming months. If you have questions about the program changes this year, you may reach me at 804-786-2745 or by email at MichacI.Estcs((/\VDOT.vin;inia.gov. ---~ Mi ael A. Estes, P.E. Director, Local Assistance Division WE KEEP VIRGINIA MOVING RESOLUTION TO PARTlCPATE IN VIRGINIA DEPARTMENT OF TRANSPORTATION REVENUE SHARING PROGRAM FOR FISCAL YEAR 2007 WHEREAS, the County of Albemarle desires to submit an application for allocation of funds of up to $1.5 million through the Virginia Department of Transportation Fiscal Year 2006/07, Revenue Sharing Program; and WHEREAS, $1.5 million of these funds are requested to fund the Meadow Creek Parkway for new construction between Melbourne Road and 0.0466 miles north Norfolk Southern Railway; and NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby requests that the application for $1.5 million from the Virginia Department of Transportation Revenue Sharing Program be approved. I, Ella W. Carey. do hereby certify that the foregoing writing is a true and correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by a vote of six to zero. recorded below, at a meeting held on December 13, 2006. -A ! (( Dr) (lftAA (/ . Clerk; Board of County Supervisors' Mr. Boyd Mr. Domer Mr. Rooker Mr. Slutzky Ms. Thomas Mr. Wyant Aye Nay y y y y y y COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Resolution: Proposed Workforce Housing Legislation AGENDA DATE: December 13, 2006 ACTION: INFORMATION: SU BJ ECT/PROPOSALlREQUEST: Prince William County has requested the Board endorse a proposal to enhance existing enabling authority regarding housing assistance to local employees CONSENT AGENDA: ACTION: X INFORMATION: STAFF CONTACT(S): Tucker, Foley, Davis, Bowman ATTACHMENTS: Yes LEGAL REVIEW: Yes REVIEWED BY: , ( r, / BACKGROUND: Prince William County is seeking legislation to amend the Virginia Code by adding ~ 15.2-542, which would grant broader and less restricted authority than current enabling statutes for the County Executive form of government to provide grants, loans and other assistance for county and school board employees, as well as employees of local constitutional officers, to purchase or rent residences, for use as the employee's principal residence, within the county. Prince William County requests that the Board of Supervisors support this proposed change (Attachment A), so that Prince William County can determine if its request for legislation should apply to the County Executive form of government or solely to Prince William County. STRATEGIC PLAN: Goal 1: Enhance the Quality of Life for all Albemarle County Residents. DISCUSSION: Prince William County is seeking to amend the Virginia Code by adding ~ 15.2-542, which would grant broader and less restricted authority to the County Executive form of government than existing legislation under Virginia Code ~ 15.2-958.2. To date, Albemarle County has not adopted an ordinance under the existing Code section. The proposed legislation would only augment existing enabling authority and not require the County to implement such a program. Enabling authority similar to the proposed Code section already exists for the County Manager form of government (~ 15.2-720.1). The full texts of these current and proposed Code sections are available in Attachment B. Prince William County, like Albemarle, operates under the County Executive form of government. Thus, any legislative amendments to the County Executive form of government will apply to both Albemarle and Prince William counties. Prince William County will pursue this proposed legislation regardless of the Board of Supervisors' support, but if the Board does not support the attached resolution, Prince William County will change the legislation to apply solely to Prince William County. Prince William County prefers to draft this legislation to apply to the County Executive form of government and requests the Albemarle County Board of Supervisors' support through adopting the attached resolution. BUDGET IMPACT: There is no fiscal impact created by this resolution or the proposed legislation, if approved. The requested legislation only grants enabling authority and does not require the adoption of an ordinance or creation of a program in a county. RECOMMENDATIONS: Staff recommends approval of the resolution (Attachment A). If the resolution is approved, staff will work with Prince William County to monitor the proposed changes during the 2007 General Assembly session. ATTACHMENTS Attachment A - Resolution: Proposed Workforce Housing Legislation Attachment B - Virginia Code ~ 15.2-958.2, ~ 15.2-720.1 and proposed ~ 15,2-542 06.180 RESOLUTION TO SUPPORT AMENDMENTS TO EXISTING WORKFORCE HOUSING LEGISLATION WHEREAS, Prince William County desires to request legislation to amend the Virginia Code by adding ~ 15.2-542 to enable counties under the County Executive form of government broader and less restricted authority to provide housing assistance to local employees; and WHEREAS, proposed Virginia Code ~ 15.2-542 would apply to the County Executive form of Government; and WHEREAS, Albemarle County, like Prince William County, operates under the County Executive form of government; and WHEREAS, the proposed Virginia Code ~ 15.2-542 would broaden existing enabling authority granted in Virginia Code ~ 15.2-958.2; and WHEREAS, the County of Albemarle generally supports the expansion of enabling authority for localities; and WHEREAS, the Albemarle County Board of Supervisors adopted a Strategic Objective stating: "By June 30, 2010, working in partnership with others, increase affordable housing opportunities for those who work and/or live in Albemarle County." NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Albemarle County does hereby support amending the Virginia Code by adding ~ 15.2- 542 to allow counties under the County Executive form of government to provide funds, other than state funds, to provide grants, loans and other assistance for county and school board employees, as well as employees of local constitutional officers, to purchase or rent residences, for use as the employee's principal residence, within the county. I, Ella W. Carey, do hereby certify that the foregoing writing is a true and correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by a vote of six to zero, as recorded below, at a meeting h~ld on December 13, 2006. " , Mr. Boyd Mr. Dorrier Mr. Rooker Mr. Slutzky Ms. Thomas Mr. Wyant Ave Nav y y y y y y / \ I (" 'I ; / I , Y t=:~ :),f (t~ {~/ . (c Lt.. ~ Clerk, Board of County superviso2:) Attachment B Va Code 915.2-958.2,915.2-720.1 and proposed 9 15.2-542 Current Va Code section that applies to all localities: S 15.2-958.2. Grants for home ownership. In order to ensure its competitiveness as an employer, a locality may, by ordinance, provide for the use of funds, other than state funds, to provide home-ownership grants to employees of the locality, employees of the school board and employees of constitutional officers, to purchase their primary residences in the locality. The ordinance shall require that each grant be approved by the local governing body by ordinance advertised on its regular agenda and that individual grants not exceed $5,000 per employee, nor lifetime cumulative grants exceed $5,000 per employee. The ordinance may establish such other terms and conditions to ensure the integrity of the home-ownership grant program. Current Code that applies to County Manaaer form of aovernment: S 15.2-720.1. Employee benefits; residence in county. Notwithstanding any other provision of law, the county board, in order to ensure its competitiveness as an employer, may by ordinance provide for the use of funds, other than state funds, to provide grants for county and school board employees, as well as employees of local constitutional officers, to purchase or rent residences, for use as the employee's principal residence, within the county Proposed Leaislation that would applv to County Executive form of aovernment: S 15.2-542. Employee benefits; residence in county. Notwithstanding any other provision of law, the county board, in order to ensure its competitiveness as an employer, may by ordinance provide for the use of funds, other than state funds, to provide grants, loans and other assistance for county and school board employees, as well as employees of local constitutional officers, to purchase or rent residences, for use as the employee's principal residence, within the county. In the County of Albemarle By resolution of the governing body adopted December 13,2006 The following VDOT Form AiVJ-4.3 is hereby attached and incorporated as part of the governing body's resolution for changes in the secondary system of state highways. A Copy Testee Signed (County Official): Form AM-4,3 ( 11/28/2005) Asset Management Division Report of Changes in the Secondary System of State Highways Project/Subdivision Crozet Glen Subdivision Type of Change: Addition The following additions to the Secondary System of State Highways. pursuant to the statutory provision or provisions cited, are hereby requested. the right of way for which, including additional easements for drainage as required, is guaranteed: Reason for Change: Addition, Secondary System, New subdivision street Pursuant to Code of Virginia Statute: ~33.1-229 Route Number andlor Street Name · Lanetown Way, State Route Number 1387 - - · Description: From: Intersection Rt. 684 Lanetown Road To: Intersection Gala Court Rt. 1388 A distance of: 0.03 miles. Right of Way Record: Filed with the Albemarle County Clerks Office on 5/3/2004, Deed Book 2740 Page 692-704. with a width of 50'. · Lanetown Way, State Route Number 1387 __.n __ · Description: From: Intersection Gala Court Rt. 1388 To: Intersection Stayman Court Rt. 1389 A distance of: 0.05 miles. Right of Way Record: Filed with the Albemarle County Clerks Office on 5/3/2004. Deed Book 2740 Page 692-704, with a width of 40', · Lanetown Way, State Route Number 1387 - - ---. --- -- - - - - -~ -- - · Description: From: Intersection Stayman Court Rt. 1389 To: End State Maintenance A distance of: 0.17 miles. Right of Way Record: Filed with the Albemarle County Clerks Office on 5/3/2004, Deed Book 2740 Page 692-704. with a width of 40'. · Gala Court, State Route Numbe." 1388 . Description: --- - From: Intersection Rt. 1387 Lanetown Way To: Cui De Sac A distance of: 0.03 miles Right of Way Record: Filed with the Albemarle County Clerks Office on 5/30/2004. Deed Book 2740 Page 692-704, with a width of 40'. Page I of2 Form AM-4.3 ( 11/28/2005) Asset Management Division Report of Changes in the Secondary System of State Highways . Stayman Court, State Route Number 1389 . Description: From: Intersection Rt. 1387 Lanetown Way To: Cui De Sac A distance of: 0,04 miles Right of Way Record: Filed with the Albemarle County Clerks Office on 5/30/2004, Deed Book 2740 Page 692-704. with a width of 40'. County of Albemarle, Date of Resolution: December 13, 2006 Page 2 of2 The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 6th day of December 2006, adopted the following resolution: RESOLUTION WHEREAS, the street(s) in Crozet Glen Subdivision, described on the attached Additions Form LA-5(A) dated December 13, 2006, fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virqinia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the street(s) meetthe requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transportation to add the street(s) in Crozet Glen Subdivision, as described on the attached Additions Form LA-5(A) dated December 13, 2006, to the secondary system of state highways, pursuant to S33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of- way, as described, exclusive of any necessary easements for cuts, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. * * * * * Recorded vote: Moved by: Sally Thomas Seconded by: Lindsay Dorrier Yeas: Ken Boyd, Lindsay Dorrier, Dennis Rooker, David Slutzky, Sally Thomas, David Wyant Nays: None Absent: None \ I A Copy Teste: \ / I , I I! " ( . , ,.. . / /. (,-. .' L. , (L L ~~. \ ~11a W. Carey, Clerk, CMC \ Board of County Supervisot'~~) The road(s) described on Additions Form AM-4.3 is: 1) Lanetown Way (State Route 1387) from the intersection of Route 684 (Lanetown Road) to the intersection of Route 1388 (Gala Court), as shown on plat recorded 05/03/2004 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 2740, pages 692-704, with a 50-foot right-of-way width, for a length of 0.03 miles. 2) Lanetown Way (State Route 1387) from the intersection of Route 1388 (Gala Court) to the intersection of Route 1389 (Stayman Court), as shown on plat recorded 05/03/2004 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 2740, pages 692-704, with a 40-foot right-of-way width, for a length of 0.05 miles. 3) Lanetown Way (State Route 1387) from the intersection of Route 1389 (Stayman Court) to the end of state maintenance, as shown on plat recorded 05/03/2004 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 2740, pages 692-704, with a 40-foot right-of-way width, for a length of 0.17 miles. 4) Gala Court (State Route 1388) from the intersection of Route 1387 (Lanetown Way) to the cul-de-sac, as shown on plat recorded 05/03/2004 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 2740, pages 692-704, with a 40-foot right-of-way width, for a length of 0.03 miles. 5) Stayman Court (State Route 1389) from the intersection of Route 1387 (Lanetown Way) to the cul-de-sac, as shown on plat recorded 05/03/2004 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 2740, pages 692-704, with a 40-foot right-of-way width, for a length of 0.04 miles. Total Mileage - 0.32 In the County of Albemarle By resolution of the governing body adopted December 13,2006 The following "''DOT Form A,t/-4.3 is hereby attached and incorporated as part of the governing body's resolution for changes in the secondary system of state highways. A' '~ ... " ,//1 IlL' / (!t~. A Copy Testee Signed (County Official): {/"'-. [ Form AM-4.3 ( 11f28f2005) Asset Management Division Report of Changes in the Secondary System of State Highways Project/Subdivision Country Oaks Type of Change: Addition The following additions to the Secondary System of State Highways. pursuant to the statutory provision or provisions cited. are hereby requested, the right of way for which, including additional easements for drainage as required, is guaranteed: Reason for Change: Addition, Secondary System, New subdivision street Pursuant to Code of Virginia Statute: ~33.1-229 Route Number and/or Street Name . Susan Drive, State Route Number 1614 - - -- -- - -- -- -- - --- - -- --- . Description: From: Intersection Rt743 Earlyville Rd. To: Cui De Sac A distance of: 0.18 miles. Right of Way Record: Filed with the Albemarle County Clerks Office on 10/29/2003, Deed Book 2627 Page 250-254, with a width of 40', Page 1 of 1 The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 6th day of December 2006, adopted the following resolution: RESOLUTION WHEREAS, the street(s) in Country Oaks Subdivision described on the attached Additions Form LA-5(A) dated December 13, 2006, fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virqinia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the street(s) meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transportation to add the street(s) in Country Oaks Subdivision as described on the attached Additions Form LA-5(A) dated December 13, 2006, to the secondary system of state highways, pursuant to S33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of- way, as described, exclusive of any necessary easements for cuts, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ***** Recorded vote: Moved by: Sally Thomas Seconded by: Lindsay Dorrier Yeas: Ken Boyd, Lindsay Dorrier, Dennis Rooker, David Slutzky, Sally Thomas, David Wyant Nays: None Absent: None f~1 A Copy Teste: \ \ ___:l.,~/--/,.. J { ;: ;' ,-C LG Ella W. Carey, Clerk, CMC I Board of County Supervisors ,7" The road(s) described on Additions Form AM-4.3 is: 1 ) Susan Drive (State Route 1614) from the intersection of Route 743 (Earlysville Road) to the cul-de-sac, as shown on plat recorded 10/29/2003 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 2627, pages 250-254, with a 40-foot right-of-way width, for a length of 0.18 miles. Total Mileage - 0.18 In the County of Albemarle By resolution of the governing body adopted December 13,2006 The following VDOT Form AJJ-4.3 is hereby attached and incorporated as part of the governing body's resolution for changes in the secondary system of state highways. A Copy Testee Siglled (COUllty Official): Form AM-4.3 ( 11/28/2005) Asset Management Division , Report of Changes in the Secondary System of State Hlg ProjectlS ubdivision Marshall Subdivision Type of Change: Addition The following additions to the Secondary System of State Highways. pursuant to the statutory provision or provisions cited, are hereby requested, the right of way for which. including additional easements for drainage as required. is guaranteed: Reason for Change: Addition, Secondary System, New subdivision street Pursuant to Code of Virginia Statute: ~33.1-229 Route Number and/or Street Name · Harrison Forest Lane, State Route Number 1119 - - - !II Description: From: Intersection Rt. 640 Gilbert Station Rd. To: Cui De Sac A distance of: 0.05 miles. Right of Way Record: Filed with the Albemarle County Clerks Office on 4/30/2004, Deed Book 2740 Page 278-291, with a width of 40;. Page 1 of 1 The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 6th day of December 2006, adopted the following resolution: RESOLUTION WHEREAS, the street(s) in Marshall Subdivision described on the attached Additions Form LA-5(A) dated December 13, 2006, fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virqinia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the street(s) meetthe requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transportation to add the street(s) in Marshall Subdivision as described on the attached Additions Form LA-5(A) dated December 13, 2006, to the secondary system of state highways, pursuant to S33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of- way, as described, exclusive of any necessary easements for cuts, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. * * * * * Recorded vote: Moved by: Sally Thomas Seconded by: Lindsay Dorrier Yeas: Ken Boyd, Lindsay Dorrier, Dennis Rooker, David Slutzky, Sally Thomas, David Wyant Nays: None Absent: None A Copy Teste: , (( lei . Carey, Clerk, CMC Board of County Supervi?orp / ) "-. " The road(s) described on Additions Form AM-4.3 is: 1 ) Harrison Forest Lane (State Route 1119) from the intersection of Route 640 (Gilbert Station Road) to the cul-de-sac, as shown on plat recorded 04/30/2004 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 2740, pages 278-291, with a 40-foot right-of-way width, for a length of 0.05 miles. Total Mileage - 0.05 In the County of Albemarle By resolution of the governing body adopted December 13,2006 The following VDOT Form A1JJ-4.3 is hereby attached and incorporated as part of the governing body's resolution for changes in the secondary system of state highways. A Copy T estee Siglled (Coullty Official): -/51! CUW C~~ ( tJ Form AM-4.3 (11/28/2005) Asset Management Division Report of Changes in the Secondary System of State Highways Project/Subdivision Grayrock Iv Type of Change: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited. are hereby requested, the right of way for which, including additional easements for drainage as required, is guaranteed: Reason for Change: Addition, Secondary System, New subdivision street Pursuant to Code of Virginia Statute: ~33.1-229 Route Number andlor Street Name · Grayrock Drive, State Route Number 1381 . d Description: From: Intersection Rt. 1385 Russet Rd. To: Intersection Rt.1386 Braeburn Street A distance of: 0,20 miles Right of Way Record: Filed with the Albemarle County Clerks Office on 10/20/2003, Deed Book 2619 Page 624-632. with a width of 50'. · Grayrock Drive, State Route Number 1381 -- -- - -- - -- -- · Description: From: Intersection Rt.1386 Braeburn Street To: Existing Rt. 1381 Grayrock Dr. A distance of: 0.00 miles. Right of Way Record: Filed with the Albemarle County Clerks Office on 10/20/2003, Deed Book 2619 Page 624-632, with a width of 50', · Braeburn Street, State Route Number 1386 · Description: From: Intersection Rt.1381 Grayrock Drive To: Intersection Rt.1385 Russet Rd. A distance of: 0.15 miles. Right of Way Record: Filed with the Albemarle County Clerks Office on 10/20/2003, Deed Book 2619 Page 624--632, with a width of 50'. Page 1 of 1 The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 6th day of December 2006, adopted the following resolution: RESOLUTION WHEREAS, the street(s) in Grayrock Subdivision, Phase IV, described on the attached Additions Form LA-5(A) dated December 13, 2006, fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virqinia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the street(s) meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transportation to add the street(s) in Grayrock Subdivision, Phase IV, as described on the attached Additions Form LA-5(A) dated December 13, 2006, to the secondary system of state highways, pursuant to S33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of- way, as described, exclusive of any necessary easements for cuts, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ***** Recorded vote: Moved by: Sally Thomas Seconded by: Lindsay Dorrier Yeas: Ken Boyd, Lindsay Dorrier, Dennis Rooker, David Slutzky, Sally Thomas, David Wyant Nays: None Absent: None A Copy Teste: r / / / / Ie L ( (/l[/C \ Ella W. Carey, Clerk, CMC \ Board of County superviso~) The road(s) described on Additions Form AM-4.3 is: 1) Gravrock Drive (State Route 1381) from the intersection of Route 1385 (Russet Road) to the intersection of Route 1386 (Braeburn Street), as shown on plat recorded 10/20/2003 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 2619, pages 624-632, with a 50-foot right-of-way width, for a length of 0.20 miles. 2) Gravrock Drive (State Route 1381) from the intersection of Route 1386 (Braeburn Street) to the intersection of Route 1381 (Grayrock Drive), as shown on plat recorded 10/20/2003 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 2619, pages 624-632, with a 50-foot right-of-way width, for a length of 0.00 miles. 3) Braeburn Street (State Route 1386) from the intersection of Route 1381 (Grayrock Drive) to the intersection of Route 1385 (Russet Road), as shown on plat recorded 10/20/2003 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 2619, pages 624-632, with a 50-foot right-of-way width, for a length of 0.15 miles. Total Mileage - 0.35 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Crozet Crossings Housing Trust Fund AGENDA DATE: December 13, 2006 SU BJ ECT IPROPOSALlREQU EST: 2006 Annual Report ACTION: INFORMATION: STAFF CONTACT(S): Mr. Tucker; Ms. White; Mr. White CONSENT AGENDA: ACTION: INFORMATION: X LEGAL REVIEW: Yes ATTACHMENTS: yes------ ! I I .i'/~fV I REVIEWED BY: BACKGROUND: / The Crozet Crossings Housing Trust Fund was established in 1994 via an agreem~nt between the County of Albemarle, the Charlottesville Housing Foundation (CHF), and the Albemarle Housing Improvement Program (AHIP) as a means of holding notes on houses in Crozet Crossings and recovering funds upon the resale of houses in Crozet Crossings. It was required to be established as a condition of the Virginia Department of Community Development's approval of the Community Development Block Grant for the Crozet Crossings project. The Trust Fund is responsible for reusing recovered funds for housing projects that benefit low- and moderate-income households. The Fund is managed by five trustees and staffed by the Chief of Housing. This report is provided as information to the Board of Supervisors to summarize the activity over the past five years and to present the current financial status of the fund. No action is requested for the report. However, next spring the trustees plan to recommend future projects that can be supported by available funds and the Board will be asked to make the necessary appropriations at that time. STRATEGIC PLAN: Enhance the Quality of Life for all Albemarle County Residents DISCUSSION: The Trustees for the Crozet Crossings Housing Trust Fund met on November 16, 2006 to review the financial position of the Fund and consider issuing a Notice of Funds Available (NOFA) for available funds. The Fund is in a very good financial position with over $330,000 in cash. The attached summary shows the funds condition for each year since it was established. In 2002/03, the Fund made a loan to AHIP in the amount of $90,000 to support the construction of five new houses in Esmont as a part of a community revitalization project. Since that time, the Fund has received repayments, recapture, and interest earnings of almost $270,000. With the recent repayment of $50,000 from AHIP, the Fund's cash balance is $332,009.75. In addition, the Fund has receivables estimated to be $533,466 with all but $40,000 (balance of AHIP's loan) representing fourteen loans of $269,720 and equity recapture of $223,746. These loans and the recapture of equity are due and payable only upon the sale or refinancing of the property and will be forgiven if the owners continue to maintain their properties as their primary residence for thirty years from the date of the loan. The Trustees also directed staff to proceed with the issuance of a NOFA for at least $300,000. The NOFA will specify prOjects that are eligible for funding and establish eligibility requirements for applIcatIon. households with incomes at or below 80% of the area median income. All funds must benefit those BUDGET IMPACT: None, funding comes from restricted program income. RECOMMENDATIONS: This report on the Crozet Crossings Housing Trust Fund is for information purposes only at this time. ATTACHMENTS A - Crozet Crossinqs Financial Summary 06.177 Attachment A CROZET CROSSING TRUST FUND Financial Statement November 2006 Cash of hand $332,009.75 Receivables (total of 15 Loan Deferred Loans Recapture (1) TOTAL Receivables loans; 14 deferred) $ 40,000.00 $269,720.00 $223,746.00 $533,466.00 Total Assets $865,475.75 (1) Recapture based on current assessed values with no consideration for potential selling price or capital improvements by the owner. Fiscal Year Interest Recapture Trust Receipts Lgl Services Loans FY Total Rolling Total Initial Deposit 0.00 0.00 0.00 0.00 5,000.00 5,000.00 1994/95 215.65 0.00 0.00 0.00 215.65 5,215.65 1995/96 187.96 0.00 0.00 0.00 187.96 5,403.61 1996-97 187.01 19,856.80 82.81 0.00 20,126.62 25,530.23 1997/98 741.31 0.00 0.00 0.00 741.31 26,271.54 1998/99 1,328.37 0.00 0.00 24,599.91 1999/00 3,179.99 33,331.66 2.973.17 0.00 39,484.82 64,084.73 2000/01 4,298.02 2,122.89 29.700.00 0.00 36,120.91 100,205.64 2001/02 2,655.00 0.00 0,00 0.00 2,655.00 102,860.64 2002/03 1,107.25 0.00 0.00 0.00 90,000.00 13,967.89 2003/04 338.98 46,228.93 26.630.00 0.00 73,197.91 87,165.80 2004/05 3,131.62 58,174.68 88,762.00 62.00 150,006.30 237,172.10 2005/06 10,708.68 13,276.00 17,200.00 0.00 41,184.68 278,356.78 2006/07** 3,652.97 0.00 0.00 0.00 3,652.97 282,009.75 Total 31,732.81 172,990.96 162,347.98 62.00 90,000.00 ** Not complete fiscal year The following guidelines will be used: 15 MINUTES ARE ALLOTED FOR THIS PORTION OF THE AGENDA EACH SPEAKER IS ALLOTTED 3 MINUTES. PLEASE GIVE ANY WRITTEN STATEMENTS TO THE CLERK. --~- 0 \,) V\ sh-c') VI ~ 10 11 12 13 14 15 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Public Hearing - Red Hill Community Well - Request to amend the Jurisdictional Area Boundary for the Albemarle County Service Authority AGENDA DATE: December 13, 2006 ACTION: X INFORMATION: SU BJ ECT IPROPOSALlREQU EST: To amend the Jurisdictional Area boundary for the Albemarle County Service Authority to provide water service to Tax Map 87B, Parcels 4, 4A, 6, 6A, 6B, 7, 7 A, 8, and 10, located on Taylors Gap Road (Route 710) and Tax Map 87B, Parcels 9, 10A, 11, 12, 60, 60A, 60B, and 61 located on Red Hill School Road (Route 760). CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: STAFF CONTACT(S): Tucker, Foley, Davis, Cilimberg, Benish; Swales ~ :' LEGAL REVIEW: Yes BACKGROUND: County staff has been working with the Virginia Department of Environmental Quality (DEQ) since 2003 on a study to find a replacement water supply in the Red Hill area. The replacement water supply is needed due to a major groundwater contamination incident originating at the Trading Post on Route 29. To this date, 11 wells have been contaminated by gasoline and 7 of these have had carbon filtration units installed, some for many years. DEQ has already expended over $1 million on investigations, remediation, and maintaining carbon filtration units. To date 4,400 gallons of gasoline and 4 million gallons of contaminated groundwater have been extracted from the ground. Although the contaminant plume appears to have stabilized, the complete cleanup of the site is not expected in the foreseeable future due to the extent of contaminated groundwater. DEQ continues to be concerned that a permanent, reliable water supply needs to be provided for the impacted properties and those still at risk for contamination. The leaking tank case summary is outlined below: . December 16, 1988 an anonymous complaint was received at DEQ of gasoline taste in a private water well, resulting in the initiation of a petroleum release case, PC89-0679. . In 1990, an Underground Storage Tank (UST) was removed at the Trading Post. A report of contaminated soil and free product in the UST basin was made as a result of the unearthing of the tank. . Numerous residential water wells reported and tested positive for hydrocarbon contamination from 1993 through 2002. . Contaminated wells were offered to be fitted with carbon filtration units (CFU), and most residents accepted. DEQ is paying for the ongoing maintenance of the CFU's. . A second petroleum release occurred in 1998, but was not reported until 2002. PC01-6021 was opened as the second petroleum release from the Trading Post. · Dual-phase Soil Vapor Extraction and a groundwater pump-and-treat system was initiated at the Trading Post in 1998 to remediate contamination. . A third known petroleum release at the Trading Post occurred in 2002, initiating case PC03-6034. · Ongoing groundwater remediation is taking place at the Trading Post site; CFU's maintained by DEQ. Albemarle County's involvement is summarized below: · At its March 5, 2003 meeting, the Board authorized County staff to work with DEQ to facilitate a long-term water supply solution. · DEQ and the County held a public meeting at Red Hill School on April 22, 2003 to inform the public about the situation and seek input on whether a replacement water supply would be supported. · On December 10,2003, the Board authorized the County Executive to sign an interagency agreement with DEQ. The agreement allowed the County to procure consultant services to study and recommend a replacement water supply, with all study costs to be reimbursed by DEQ. · A Request for Proposals was developed in the fall of 2003, and after a competitive process, Golder Associates AGENDA TITLE: Red Hill Community Well - Request to amend the Jurisdictional Area Boundary for the Albemarle County Service Authority December 13, 2006 Page 2 was chosen to conduct the study. The study involves evaluating the feasibility of various water supply configurations: individual replacement wells, shared wells, or a community water supply. The work is divided into two phases. Phase 1 is a preliminary groundwater investigation, and Phase 2 involves more detailed geologic and engineering work to analyze particular water supply options. Phase 1 was completed in the summer of 2004. . On August 11, 2004, based upon the results of Phase 1 of the study and staff recommendation, the Board authorized staff to proceed with Phase 2 of the study, with the selected water supply configuration of a medium size community water well to serve the 11 impacted properties plus additional properties immediately surrounding andlor down gradient from the contaminant plume that may be impacted in the future. . DEQ and the County held a public meeting at Red Hill School on December 13, 2004 to present the results of Phase 1 of the study, the options for developing a community water supply system, and the upcoming Phase 2 study. . Phase 2 of the study continued through 2005, which included negotiations with landowners to establish a location for exploratory water well drilling. . On May 9, 2006 DEQ sent an open letter to the residents in the immediate vicinity of the Trading Post advising that a location for exploratory water well drilling had been secured on the Oakey property. . On August 31, 2006 DEQ sent an open letter to the residents in the immediate vicinity of the Trading Post advising that a successful exploratory water well had been drilled on the Oakey property, and that the County, Rivanna Water and Sewer Authority, Albemarle County Service Authority, and Albemarle County Schools were coordinating the potential establishment and maintenance of a community water system. . On November 1, 2006 the Board of Supervisors took action to approve a Public Hearing to be held December 13, 2006, concerning amending the Albemarle County Service Authority jurisdictional area boundary for the Red Hill area. A new well referred to as Red Hill School Well NO.5 (Well #5) was drilled to the east of the affected area in July, 2006 and a 48-hour drawdown test was performed. The well was drilled to a depth of 500 feet and is constructed as a Class liB public water supply well as required by Virginia Department of Health's Waterworks Regulations. Significant water- producing fractures were encountered at depths of 380-385 feet, and 420-430 feet, in addition to a minor water-bearing fracture at 73 feet. Water quality analyses indicate that the water source complies with all state and federal water quality standards. Water levels were monitored before, during and after the drawdown test in Well #5 and a monitoring well located approximately 320 feet northwest. The flow rate during the test was maintained at 29 to 31 gpm. The monitoring well showed no drawdown during the aquifer test. The water level at the beginning of the drawdown test in Well #5 was at a depth of 34 feet and exhibited drawdown of 105 feet at the conclusion of the 48 hour test. Upon shut down of the pumping phase of the test, Well #5 exhibited relatively rapid recharge. Based on the measured drawdown rate and the rapid recovery of the producing well, Golder & Associates concludes Well #5 can be pumped for sustained periods at 29 gpm, which is equivalent to 41,760 gallons per day. This source capacity far exceeds the estimate of 9 gpm (12,960 gallons per day) which was estimated as the minimum flow rate necessary to supply the school and residents that are located within the boundaries of the current jurisdictional area boundary request. STRATEGIC PLAN: Goal 2: Protect the County's Natural Resources. DISCUSSION: The subject property for this request is not within a Development Area. The Comprehensive Plan provides the following guidance concerning water service in the Rural area: General Principle: Discourage the utilization of central water andlor sewer systems or the extensions of public water and sewer into the rural Area except in the cases where public health and safety are at issue. Rural Area development will be served by individual water and septic systems only (central water facilities are considered wells, springs, or other systems capable of serving three or more connections). Recommendation: New central water systems in the Rural Area shall be strongly discouraged except for solving potable water and/or health and safety problems. Any new central systems approved due to potable water and/or health and safety problems must meet ACSA standards and not allow residential densities to increase beyond the density achievable with individual on-site facilities. AGENDA TITLE: Red Hill Community Well - Request to amend the Jurisdictional Area Boundary for the Albemarle County Service Authority December 13, 2006 Page 3 Staff opinion is that the existing groundwater contamination poses a significant health and safety issue and a water system is needed in the area to provide safe potable water to existing parcels. Therefore, this request is consistent with the intent of the Comprehensive Plan. The Comprehensive Plan provides the following guidance concerning the designation of the ACSAjurisdictional area boundary: Only allow changes in jurisdictional areas outside of designated Development Areas in cases where the property is: (1) adjacent to existing lines; and (2) public health andlor safety is in danger. As outlined above, there is a definite health and safety issue. Due to the location and extent of the threat (which includes the Red Hill Elementary School) this request is consistent with the intent of the Comprehensive Plan even though the location is not adjacent to existing lines. Staff finds the central well system is the only alternative to adequately address the problem. BUDGET IMPACT: The community well and water system will be owned by RWSA and operated by ACSA, who will bear the financial impact of the long term operational cost. The Virginia Leaking Underground Storage Tank (LUST) fund is being utilized by DEQ for this project, and the current case has access to a total of $1 million. A portion of these funds are being used and will continue to be used by DEQ for remediation of the Trading Post site and long-term monitoring of groundwater. These funds will also be used by DEQ to develop the well and distribution system and connect households to the system. DEQ has committed that any funds remaining will be provided to the ACSA to subsidize the operation of the system so that customer costs are in keeping with the rest of the County. While this will alleviate the burden of operating this small system for a period of time, it can be assumed that the system will operate at a financial loss in the long-term to maintain a reasonable customer cost. RECOMMENDATIONS: Staff recommends amending the jurisdictional area map to allow for water only designation for the properties Tax Map 87B, Parcels 4, 4A, 6, 6A, 6B, 7, 7 A, 8, and 10, located on Taylors Gap Road (Route 710) and Tax Map 87B, Parcels 9, 10A, 11, 12,60, 60A, 60B, and 61 located on Red Hill School Road (Route 760). These properties have been identified by DEQ as having contaminated wells or continue to be at risk for contamination in the future. Staff recommends that the community well only serve the residentslparcels whose private wells are contaminated or identified by DEQ to be at risk for contamination. These properties do not include parcels in the Southern Hills Subdivision, which in the past was considered to be at risk of contamination. According to the most recent opinion of DEQ, while the Southern Hills Subdivision is certainly downgradient of the contaminant plume, DEQ does not consider the wells in that area to be at risk at this time based upon the continued monitoring of a sentinel well located on the south side of South Branch - this well has remained free of contamination to date, indicating that the stream may be acting as a local groundwater divide. ATTACHMENTS A - Location Map 06.179 PLEASE SIGN BELOW IF YOU WISH TO SPEAK ON Public Hearina: RED HILL COMMUNITY WELL fhe f:1I0~ing guidelines will'be used for~his PUbli:earing: ------ - EACH SPEAKER IS ALLOTTED 3 MINUTES. ( INDIVIDUALS CANNOT RELINQUISH THEIR 3 MINUTES TO ANOTHER ~ SPEAKER. INDIVIDUALS CAN ONLY SIGN UP ONE PERSON TO SPEAK. PLEASE GIVE ANY WRITTEN STATEMENTS TO THE CLERK. I I- I ,- l I I I NAME (Please print clearly) PHONE NUMBER/ADDRESS (Optional) 1 ~ '{ \ <Sl'{X\ \'^.e~~\Y\CA-, (4J)~)C;7/- D. 0 I ~ 2 h<:Lt\ K ~ ('kss irlC (43-+)1/1-;<01 d ::fi'~~ ~-L i1 ~\.~y)l ~~ 1\ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ~~~ I ~!'II ~ ~I r3 ~) - ,.----4 IG If--- o I;" I . - ! 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' - CO G -A..m ~~fl!l!; <(~ L] ;, ~ ft ~ --f- {~ ~. ~ : i ~~.. ~ /\ l ! oV I I;~ "I; '" 11; P -, - ;; ~ (ll ~ ~ I L...I ~ :! 1'1 ,,-t Sl ~ t ~ I~ l I I\-:-j-- ~~" ~ . i-.~ ~ II 5 II I '-'" , , _, _ _ '-I{' ,~...'-1.11 ~ 1 L 1I~.:$.J "1f ~ : I :-r: t~~ - =.J ~'\Ji l ~ j/\\\" .' ~~- 12~ ~ "t:7 ,~ -----1' 1_ . . '-. G i ~ .-t _, '-. I I \ /z......O~ "" I'L..- 0 l \ <" -j / . ~\~ ~ +-' C Q) E \J C Q) E <( CO Q) l.... <( CO C .0 +-' o ~ J J \J Q) if) o Q... o l.... 0... . ~- ~ -- \J a: o o .c. () (f) a ~ I \J <1> -rr o (0 =:;.. ~ ~ 1."'::--1 -- -- '--. z c: o ~ "5 U) (0 0 ==_.5 TI 2i:- ev E~g ~ (0 = tI)'- 'U 1:: I ~ ~ 8 ~feJ c: = (l) ii 'E ~ Cu. ~ (0 ::> <( - 1:: 't5/~ 5} o "t:l"t:l " .x C 0 _ UI ro - :5 ~~- ~ ~~:~-~r .: ev co.s::::. :e .ev ~ I- ev too c a. ev (J) 0 a. (L '.0 e 0:2 Q- a. j,;;.. I- "- a. ~ D~ ~' ::::" ro ~ (f ~\ " C G> CJ ~ Good Evening. My name is Frank J. Messina. My daughter Kristen spoke earlier on behalf of her Mother/ my wife, Ann Messina, who was unable to be here tonight due to the failing health of her mother. My wife and I moved in to our newly constructed home in North Garden with our two small children back in July 1990. At the time we believed we were living every young couples dream. By 1991 however we realized a portion of that "Dream" had become a nightmare. Our family's potable water supply, our well, was deemed unsafe. Not just for human consumption but for use in general. The source of our problem was leaking underground storage tanks located at the Trading Post, a nearby country store. With the assistance of, and gratitude for, authorities having jurisdiction over these matters at the time we received a "Temporary Alternative" for our water woes. Fifteen years later however, and now ten (10) more nearby residences, it saddens me to say we, and many others, are still reliant on "Temporary Water Systems." I would like to take this opportunity to support the Board moving forward with their plans to amend the Jurisdictional Boundary Area of the Albemarle County Service Authority. It is my belief and hope this proposal will bring about a permanent solution to a significant community health issue facing the North Garden area regarding potable water. I would also, one day soon, like to wake up from this 15 year long water nightmare. Thank you and good night. Kindest Regards, Frank J. Messina Good Evening Ladies and Gentlemen, My name is Kristen Messina and I am here tonight to read a statement on behalf of my mother who is out of town caring for her mother who is in the hospital She writes, "Good evening, my name is Ann Messina. My family and I are residences of North Garden, Our home is one of II that have been affected by the leaking underground storage tanks at the Trading Post gas station. We have lived with a temporary alternate water supply for our contaminated water for over 15 years. Our sense of security continues to be of concern. I appreciate the support, cooperation, expertise and leadership of and between Albemarle County Staff, Albemarle County Water Authority, The Health Department, and The Virginia Department of Environmental Quality in working toward a permanent solution, · I support the adoption of this proposed amendment to the Albemarle County Water Authority Jurisdictional area. · I support the intent of the Comprehensive Plan but I appreciate its flexibility that allows for the creation of this small community well, when it is necessary to provide a permanent water supply for those wells affected and those at risk of contamination. Thank you for listen, Ann Messina . . . COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZMA 2005-0007 Haden Place II STAFF: , REBECCA RAGSDALE I I AGENDA DATE: i December 13,2006 S U BJ ECT IPROPOSALlRE QU EST: Haden Place is a request to rezone 669 acres from R2 Residential to NMD Neighborhood Model District for 34 residential units (20 detached, 14 attached) ACTION: X INFORMATION: STAFF CONTACT(S): Cilimberg, Echols, Ragsdale i CONSENT AGENDA: I ACTION: INFORMATION: LEGAL REVIEW: NO i I ATTACHMENTS: YES OWNERIAPPLlCANT PURCHASER: Wendell W. Gibson of Gibson Homes is the owner/applicant with Kelly Strickland of Dominion Development Resources (formerly Rivanna Engineering & Surveying) as the consulting engineer. BACKGROUND: On October 11, 2006, the Board of Supervisors held a public hearing on this rezoning request and voted to defer the item Discussion and issues identified by the Board during consideration of this item included · Provision of an interconnection to Summerford Lane in adjoining Old Trail · Deficiencies of roads serving the site, including Haden and Killdeer Lanes and Jarman's Gap Road · Timing of Construction of the Affordable Housing Units · Adequacy of Cash Proffers DISCUSSION: The applicant has requested that this item be scheduled before the Board and submitted a response letter to each item the Board discussed at the October meeting, along with revised proffers and an amendment to the application plan These items were received on December 1, 2006 (Attachments A, B, and C) Under the prior Board deferral action. this item was not re- advertised as it was a continuation of the proposed project advertised for the October 11, 2006 Board hearing. The new proffers and changes to the application plan were submitted later than the deadlines established in the Board's adopted policy regarding submission of materials for zoning applications. The applicant did not advise staff that they would be submitting new information until after the item was already placed on the December 13, 2006 Board meeting agenda. Since the applicant is proposing changes to proffers, it is legally required that a new public hearing be advertised reflecting these changes. Staff has not had time to thoroughly review the new information for form and content but offers the following preliminary comments below, f' " '"j (, ....... ,v ...) . Provision of an interconnection to Summerford Lane in adjoining Old Trail . With the revised proffers and addendum Sheet A11 to the application plan submitted December 1, 2006, the applicant now proposes to construct the connection from Haden Place to Summerford Lane, which is off-site across the adjoining property in Old Trail. The plan and proffers reviewed at the October 11, 2006 Board meeting proposed that this interconnection be constructed to the Haden Place property line only. Staff is supportive of this connection, but has not had adequate review time to fully evaluate the proffers and plan changes. . Deficiencies of roads serving the site, including Haden and Killdeer Lanes and Jarman's Gap Road The revised proffers the applicant has submitted no longer include off-site improvements to Killdeer for pavement widening nor a vehicular road connection to Killdeer Lane. The applicant has indicated that they are suggesting this as a change they are willing to make to the plans to respond to neighbor concerns regarding Killdeer Lane Haden Lane and Killdeer Lane, along with the intersection of Killdeer Lane to Jarman's Gap Road, are inadequate roadways to serve additional traffic. With the previous application discussed at the Board's October 11, 2006 public hearing, the applicant proposed a connector road from Haden Lane to Killdeer Lane and off-site pavement widening on both Haden and Killdeer Lanes These are the minimum improvements necessary to accommodate traffic from the Haden Place development. VDOT will not allow additional traffic on Killdeer Lane until the intersection improvements are made at Jarman's Gap Road, Connections from Old Trail to Haden or Killdeer Lanes have also been prohibited until those roads are improved to handle the additional traffic. Staff is not supportive of the proposal to no longer provide off-site improvements to Killdeer Lane and to no longer provide the vehicular interconnection, as this would not establish an interconnected street grid. The applicant has not revised the cash proffer amount offered to mitigate transportation impacts, but has provided further information regarding cash value of improvements that are offered in the proffers. (Attachment A) . . Timing of Construction of the Affordable Housing Units The applicant has added a proffer to provide phasing of affordable units with construction of the market rate units proposed in the project. The applicant proposes that units be phased, based on pre-qualified buyers, with construction of the town house units in the project. Staff cannot comment on this proffer at this time since there has not been adequate review time to consult with the Housing Director and other reviewers. As stated previously, in order for the new proffers to be approved, another public hearing is required. RECOMMENDATIONS: The new information submitted cannot be acted on since a public hearing is required, The proffers, application plan, and code of development as submitted for the October 11, 2006 public hearing can be acted on for approval or denial. If the Board wants to consider the changes offered by the applicant, a new public hearing should be set and properly advertised. ATTACHMENTS: A. Letter dated November 29,2006 from J. Kelly Strickland of Dominion Development Resources B. Revised Proffers for ZMA 2005-007 Haden Place, dated December 1, 2006 C. Sheet A 11, 12/01/06 Haden Place Plan Amendment . ~DS ! Dominion , Development Resources. LLC Attachment A 172 South Pantops Drive Charlottesville. VA 22911 -",t~. . Ik~ , . -'J ----1,1- "t ~rs , {:Cts ' 434.979.8121 (p) 434.979,1681 (f) DDRV A.com November 2l), 2006 Mr. Dennis S, RookeL Chaim1an Albemarle County Board of Supervisors 401 Mclntire Road Charlottesville, VA 22902 Re: Haden Place Rezoning Application (ZMA 2(0)-OO()7) Dear Mr. Rooker~ At your regular Board meeting on October 11, Mr. Gibson's proposal to rezone 6.7 -acres in Crozet to a r ~ ~ Neighborhood Model District was presented to your Board in a public hearing. Although the application came Afore you with a Staffrecommendatio~ of approv~l andunanimous support frO~1 the Planning Commission, ~ere were several issues that arose dunng your delrberatIOns whlch led to Mr. Glbson's request for a deferral. Haden Place is scheduled to come back before your Board on December 13, and the purpose of this letter is to address the concerns that were discussed on October 1 1. 1. Connectivity to Ballard Fields and Old Trail neighborhoods: Beights Development Corporation has provided Mr. Gibson an af,'Teement in writing stating that the land will be provided for a connection to Summerford Lane ifMr. Gibson will provide all ofthe construction necessary for said connection. Mr. Gibson will proffer to build this offsite connection to Summerford Lane. ') Deficiencies of Haden Lane: In addition to proffering a second entrance with offsite improvements to Summerford Lane, improvements to the existing Haden Lane have been proposed to the satisfaction of the County Engineer and the Virginia Department of Transportation. 3. Deficiencies of Jarman's Gap Road: It is important to note that this development is being proposed in close proximity to Jarman's Gap Road, which is second on the County's priority list (behind the Meadowcreek Parkway and ahead of Georgetown Road) for improvements. This means that practically every other development project, whether or not rezonings are involved, is happening on substandard roads that are not prioritized for any improvements. Eighty-two thousand dollars is proffered toward improvements to J am1an Gap Road. This is the first (and . only) proffer that we are aware of that has bccn made toward this road project to date. ~, , , ,) Dominion Development Resources, LLC 172 South Pantops Drive Charlottesville, VA 2291.1 434.979.8121 (p 434.979.1681 (f) DDRVA.com 4. Defficiencies of Killdeer Lane: Several residents on Killdeer Lane and the adjoining owner of the Ballard Fields parcel have asked that no improvements be made to Killdeer Lane. VDOT and the County Engineer have also urged that no additional traffic should be allowed on Killdeer Lane until the site distance is improved at its intersection with Jarm[ill' s Gap Road. Mr. Gibson is proposing that no ofIsite improvements shall be made on Killdeer Lane and that vehicular access to Haden Place be limited to the Summerford Lane connection and Haden Lane. The County Engineer has expressed a desire for a potential future vehicular interparcel connection to the west and County Staff and members of the Board have expressed a desire for pedestrian and bicycle connections to Killdeer Lane. Mr. Gibson has agreed to provide these connections as well as the potential for a future vehicular cormection. 5. Timing of Affordable Units: Mr. Gibson is proposing that the 6 affordable cottages shown on the application plan shall be built at the same time as the 14 townhomes on Haden Place. To accomplish this, Mr. Gibson is proffering that at least 2 of the affordable units shall be under constmction (or completed) at the same time that each of the 3 . townhome blocks is under constmction. 6. Cash Proffer Value: The cash value of Mr. Gibson's profIers is equal to $ 397,000 or $14,1 78 per market rate unit. This value was computed in the following manner: Cash Proffer for mitigation of traffic impacts Cash Value for offsite improvements to Haden Lane Cash Value for offsite construction of Summerford Lane connection Cash Value for contribution of affordable single family detached lots $ 82,000 $ 32,000 $ 25,000 $ ;58.000 Total Cash Value of Haden Place proffers $ 397.000 The fair market value of one affordable, single family detached lot in Haden Place is $90,000 and the cost to construct a 1,200 square foot cottage on said lot is $ ] 44,000 which creates a fair market value for each cottage of $ 234,000. Because the proffered sales price of said units shall not exceed $191,000, the sale price of the lots must be reduced by a minimum of $ 43,000. This burden is unique to the Haden Place application plan, where the entire 15% affordability requirement (6 units) are being proffered as "for sale" single family detached products. Other developments which have proffered accessory rental units actually increase the sale price of the product. . '(' ,- At ILl......., <- piC,J ,!> I D .. C,C ~!> om Inion ,<:' ,,0 D r::(;"........:.~ / - evelopment ~~/'" R esourGe~, LLC 172 South Pantops Drive Charlottesville, VA 22911 434.979.8121 (P) 434.979,1681 (f) DDRVA.com 7. .'It's a Wonderful I>Ian, hut..." Mr. Slutzky macle a strong argument on October 1 j in favor of supporting "'good plans in the gro'vvth areas". Mrs. Thomas made an argument against that policy for this particular plan. 1 encourage the Board to follow a unifoTIl1 policy ofrevicwing applications throughout the Coumy. allowing that policy to evolve in a manner that creates i~ir markets. sustainable grow1h. adequate funding. and direction for all our citizens. Please consider these points when Mr. Gibson comes back before you on December 13. Sincerely. (W~/l )" / / ///111 /4!--h-~/~ /' / / 1 (/~ u J J. Kellv Strickland .omi~ion Development Resources. LLC ~72 South Pantops Drive Charlottesville. VA 22911 Cc: Albemarle County Board of Supervisors Rebecca Ragsdale. Senior Planner Wendell Gibson . (; , \/~,~~ . . e Attadlmcnl B PI-offer For-m Date: (Ic'!"her~) ")(1111) IZc'viSJol1S I (I/():,/Oh 1"/OI/O() ZMA: 2(1():"-()()(i7 1'a:\ Map aud Parcel J'l<umhers: )).Ill) ami )hJi S),()l) '\cres [(I be rezoned hom Ii ^) [(, NMr> I Nel!!hhorl1lll'cl Model DIstrict) 111 accordance wltb the Appl1calioll !'Ian litteel Haden Place' , elated Se[ltemher 4. JO()() And prepared hI' DomInion Devel()[lment Res()urces. LLC Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned. These conditions arc proffered as a part of the requested rezoning and it is al,Tfeed that: (1) the rezoning itself gives rise tel the need for the conditions: and (2) such conditions have a reasonable relation to the rezoning request. 1) Construction of Off-Site Improvements: As a condition of final subdivision plat or final site plan approval for any development within Haden Place (as depicted on the Application Plan), the Applicant shall design and construct at its sole expense the following: a. Haden Lane Road 'Widening: Haden Lane. from the southern boundary of Haden Place to J annans Gap Road. shall be widened to a minimum pavement width of 18' and shoulders and ditches shall be installed to the extent allowed within the existing right-of-way. The improvements shall be desi6'11ed and constructed to the satisfaction of the County Engineer. b. Killdeer Lane Improvements: As shown on the addendum dated 12/01/06, full frontage improvements, including curb. gutter, sidewalk, planting strip, and street trees shall be provided for the 6 proposed lots that front on Killdeer Lane. Vehicular access from Haden Lane to Killdeer Lane shall be prohibited; however, pedestrian and bicycle access shall be provided and a future vehicular connection shall be made available at the request of Albemarle County. c Stormwater Drainage to Powell's Creek: The Owner shall not request that the County issue a building pennit within 1-1aden Place prior to the construction or bonding of an off-site storn1water drainage system to Powell's Creek in general accord to that shown on the General Development Plan. Construction of offsite improvements shall be completed, according to t}1e approved site plan, no later than 12 months after approval of the first subdivisiun plat or site plan within Haden Place, \"; C') .! Haden Place 1'1\, C;] F"nll P,-,. T... 1 n-t~ . 2) lntcrparccl connection to Summerford Lane: Final location for dedication ofthc inter-parcel connection with Ballard Fields will be detennined as a condition of first subdi vision plat or first site plan approval for any development within I-laden Place. Upon the request of Albcmarle County, the Owner shall desib'11 and construct at its sole expense the inter-parcel vehicular connection to Summerford Lane. Said construction shall be completed as desib'11ed and approved by Albemarle County, no later than 12 months after approval of the final subdivision plat or final site plan approval for lots within Blocks C, D, E, F, or G as shown on the General Development Plan. 3) Cash Proffers: The Owner shall contribute a total of $82,000 cash for the purpose of mitigating traffic impacts from the development. The cash contribution shall be used only for the purpose of funding transportation projects identified in the County's Capital Improvements Pro!:,'Tam within the Community of Crozet. The cash contribution shall be paid in increments of $3200 for each detached market rate unit and $2,700 for each market rate attached unit, prior to or at the time of issuance of the building permit for each unit. Ifthis cash contribution has not been exhausted by the County for the stated purpose within ten (10) years from the date of the last payment of the contribution, all unexpended funds shall be applied to project(s) . identified in the County's Capital Improvements Program within the Community of Crozet. 4) Affordable Housing: The Owner shall provide six (6) "for sale" residential units of affordable housing in Haden Place, identified as units 20, 21, 22, 27, 28, and 29 on the Application Plan. The Owner shall convey the responsibility of constructing the affordable units to any subsequent purchaser of the subject property. The current Owner or subsequent Owner shall create units affordable to households with incomes less than 80% of the area median income, such that housing costs consisting of principal, interest, real estate taxes and homeowner's insurance (PITI) do not exceed 30% of the gross household income. The Albemarle County Office of Housing or its designee shall approve all purchasers of these units. The Owner/builder shall provide the County or its desib'11ee a period of 180 days to identify and pre-qualify an eligible purchaser for the affordable units. The 180-day period shall commence upon written notice from the Owner that the units will be available for sale. This notice shall not be given more than 120 days prior to anticipated receipt ofthe certificate of occupancy. Ifthe County or its designee does not provide a qualified purchase:- during this initial I80-day period, the Owner shall have the right to sell the unites) without any restriction on sales price or income of purchaser. . ,~ r ~-.I \ .Io()\ \./ " Haden Place Pro ffer form Tl_ i) ~.r') . . e 5) Timing of Affordable Housing: Ifpre-qualiiled buyers arc availahlc, ~ll least 2 affordable umts shall be under construction or built at the timl' thaI thc first block oJlownhomes is completecl If'pre-qualifled buyers are (\vailable. a1 least 4 oftht. affordable units shall he under construction or huil1 at the timc that the second block of townhomes is completed. And ifDre-qualified huyers are available, all of the afi(Jr(Jablc units shall be built or uncler construction at the time that the last block ()f !ownhomes IS completed. 5) Historic Resources: As a conclltion oithe first preliminary subdivision plat or preliminary site plan approval for any development withm Haden Place, the Owner shall provide a reconnaissance level survey perf01111ed by an architectural historian or other qualified individuaL 10 adequately provide an archIval record ofthe existing homestead. The survey shall meet the requirements of the Virginia Department of Historic Resources Reconnaissance Survey Fielcl F 01111 , and results shall he included in the Haden Place Code of Development. 6) Final Grading Plan: For any subdivision not requiring a site development plan, the Owner shall submit a Final Grading Plan 10 the satisfaction of the County Engineer. The Owner shall obtain approval of the Final Grading Plan by the County Engineer before the first final subdivision plat or site plan is approved within Haden Place, The Owner shall not request that a Certificate of Occupancy be issuecl for a dwelling unit on a lot if the County Engineer has determined the lot b'Tading is not consistent with the approved b'Tading plans. Signature of Owner. t:# 4/ ~ IL~IJ [) ~LL C,j b. f.;cvi) Printed Name of Owner /'/ /,;7) - 0/- t:? Date Wendell W. Gibson, President Wendell W. Gibson. Inc. :' i , i Haden Place Pi, ci leT F\);.m TJ" 'T-, ') r,.{' J I ~ "G:) o <--"'1 *, ~. r;g~8B ~~~~ (tJl, (~;::~[R /ll)>en' ? 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I =0 II = 0 Ul (j)1)'N /lJmO Rl20 :;::; Vl (1"1 - I) v' )>11 () m 0300 C I) ~ I1m(f) 1120 mVlO 7\11)(1"1 - )> v' nil m I> ? ~I g ~ I g g g ~ > - - ~ ~ =- 3 ~ = - 18 (j I- > 1 11 li!il I fl$. c~~ ;' , a c> -.,.~\ ~ .:;> "" x ... T l:i ~ a-< ~ 1....'- AN AMENDMEN 1 ~<:t, ~"= : I 2/0 I/OG PL " I :. ~. J y~# I "'l"""~ DEN PLACE "._~_~ II I" ;- HA L APPlJCATION _ 1 .._" ~ I...., ~ _ _ ~ NEIGHBORHOOD MODE J County, Virginia ;EOmg Scot.. ~:.o1.l16 I Chockrd B)" ~ Z . Albernare ,.._ !=! White Hall DistrICt, I - ~ ~ tS Dominion ,c-":oc. ~ Development ,,<0/" Jt!I.' Resources. LLC J ...... Dnve 172 South P.n~291 I Ch.II-JOttc:~""~;9 l' I 2 I (p) .~"'- :;:.979.1 ~8' CO ~"r:"o,. DDR.VA com o<~ _ L . . . COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZMA 2005-0007 Haden Place STAFF: REBECCA RAGSDALE SU BJ ECTlPRO POSALlREQU EST: Haden Place is a request to rezone 6.69 acres from R2 Residential to NMD Neighborhood Model District for 34 residential units (20 detached, 14 attached). AGENDA DATE: October 11, 2006 ACTION: X INFORMATION: STAFF CONTACT(S): Cilimberg, Echols, Ragsdale CONSENT AGENDA: ACTION: INFORMATION: LEGAL REVIEW: No ATTACHMENTS: Yes OWNER/APPLICANT PURCHASER: Wendell W. Gibson of Gibson Homes is the owner/applicant with Kelly Strickland of Dominion Development Resources (formerly Rivanna Engineering & Surveying) as the consulting engineer. BACKGROUND: On July 11, 2006, the Planning Commission held a public hearing on this rezoning request, along with a critical slopes waiver, private street request, and a waiver to street section requirements. Staff recommended approval of the rezoning and the Commission unanimously recommended approval with the following changes: · The affordable housing proffer modified to conform to the County's Affordable Housing Policy in the Comprehensive Plan. · The recommended technical changes made to the application plan, code of development and proffers noted by staff. · All cash proffers offered by the applicant devoted to transportation improvements in Crozet. · An interconnection provided and illustrated on the application plan from the proposed east/west connector road between Haden and Killdeer Lanes southward to Summerford Lane in Ballard Field. DISCUSSION: The applicant submitted new proffers, Code of Development Plan, and General Development plan to address these July comments on September 6, 2006. In that submittal the applicant revised the proffers, Code of Development, and General Development plan to address all outstanding comments, including the provisions for affordable housing and cash proffers. The cash proffers have been revised to make all cash contributions devoted to transportation improvements. No other changes or increases in cash proffer amounts have been made since the July Planning Commission meeting. Regarding affordable housing, the applicant revised the proffer to conform to the County's adopted Affordable Housing Policy and is using language consistent with recently approved proffers. Six single-family detached units are proffered as affordable units, which is 17.6% of the total number of units proposed by the applicant. . Regarding density, during consideration of the Wickham Pond II rezoning last month the Board of Supervisors discussed the interpretation of density allowances for properties in the areas designated as CT3 in the Crozet Master Plan. Pages 5 and 6 of the Planning Commission's July 11, 2006 Haden Place staff report (included as part of this Board package) discuss interpretations of the language in the Master Plan. This is information that was also presented to the Board as part of the Wickham Pond II staff report. Both Haden Place and Wickham Pond II have been under review during a similar timeframe and have relied on staffs prior interpretation of the Master Plan language regarding the CT3 designation in their density proposals. The Planning Commission supported staffs interpretation in its recommendations for approval of Wickham Pond II and Haden Place. The Board accepted staff's interpretation in its Wickham Pond II approval last month. However, the Board also discussed an alternative interpretation during the Wickham Pond II rezoning that based increasing density in the CT3 from the mid-range maximum of 4.5 units/acre to 6.5 units/acre on the provision of 50% of the mid-range maximum units as affordable units. By comparison, the staff interpretation has been that 50% of the difference between 4.5 units/acre and 6.5 units/acre must be affordable units. These two interpretations result in the following number of affordable units being necessary to achieve greater density: Interpretation discussed by the Board durinq the Wickham Pond II Rezoninq September 13, 2006- 24 units (maximum allowed without affordable units at 4.5 DU/acre) x 50% = 12 units provided as affordable units necessary to get 6.5 DU/acre. . Staff's interpretation that has been used in Crozet rezoninqs involvinq CT3 areas to date- 35 units (maximum units allowed with affordable units at 6.5 DU/acre) - 24 units (maximum units allowed without affordable units at 4.5 DU/acre) = 11 units x 50% = 5.5 (6) affordable units necessary to get 6.5 DU/acre. Again, Haden Place has proffered 6 units of the 34 proposed as affordable. The basis of the Board's discussion was that there is already a policy that15% of units should be affordable and that additional density may be justified only when more affordable units than the policy calls for are being provided. The appropriate density for the CT3 sections in Haden Place and other Crozet developments based on the provision of affordable housing will be different depending on which interpretation is applied. Application of staff's interpretation means Haden Place falls within the density guidelines of the Master Plan. Application of the interpretation discussed by the Board last month means that it does not. Staff would appreciate the Board's direction as to the interpretation to use for future rezonings in CT3 areas of Crozet. Regarding cash proffers, the Board will need to determine whether the Haden Place proffers are sufficient to satisfy concerns related to infrastructure and the pace of growth in Crozet. Staff has provided an updated summary of recently approved proffers below which includes the Wickham Pond II and Westhall V rezonings approved last month as . . . . well as those proffered for Haden Place. An updated table is provided as Attachment D that summarizes existing and potential dwelling units in the Community of Crozet. Rezonina # of Units Cash Proffer ZMA 03-12 Stillfried Lane 26 $3000/unit for capital Townhouses improvements or affordable housing programs; no physical improvements or land for future public facilities. ZMA 05-14 Poplar Glen (currently 28 $3200/unit for capital scheduled for a BOS hearing on July improvements and $66,000 for 5, 2006) affordable housing program in lieu of providing four affordable units; no physical improvements or land for future public facilities. ZMA 04-24 Old Trail Village 2275 $50,000 Cash proffer for park projects, Cash proffer for schools: $1000/sfd unit; $500/th unit; $250/apt.; Cash proffer for public faculties: $1000/sfd unit; $500/th unit; $250/mf unit; and physical improvements including completion of Western Avenue and dedication of land for Western Park. ZMA 05-05 Liberty Hall 43 $3,200 per unit cash proffer for public facilities; no physical improvements or land for future public facilities. ZMA 02-04 Cascadia 330 Cash proffer for schools and other public facilities: $3,000 /sfd, $2500/th, $2000/mf unit. ZMA 05-18 Wickham Pond II 106 Cash proffer for schools and other public facilities: $4500/market-rate unit ZMA 06-01 Westhall V 36 Cash proffer for schools and other public facilities: $1000/market-rate unit for CIP; $3000/market-rate unit for Eastern Avenue; Spot improvements to Park Road (apprx $7500); $3000 for a pedestrian bridge; on-site greenway trails, parking area for trailhead, and off- site temporary easement for qreenwav ZMA 05-07 Haden Place 34 Cash proffer for transportation (PROPOSED) projects in the CIP: $3200 sfd/ market-rate unit and $2700/sfa; off- site road improvements to Haden and Killdeer Lanes approx. $40,000. RECOMMENDATIONS: If the Board finds the affordable housing proffer and density proposed for Haden Place acceptable, and is satisfied that the proffers adequately address the project's impacts, staff and the Planning Commission have recommended approval of ZMA 2005-00007 with the current proffers (Attachment A), the amended Code of Development (Attachment B) and the amended General Development Plan (Attachment C). . ATTACHMENTS: A. Haden Place Proffers, dated October 2, 2006 B. Haden Place Code of Development, dated October 2, 2006, and prepared by Dominion Development Resources, LLC C. Haden Place General Development Plan, dated October 2,2006, and prepared by Dominion Development Resources, LLC D. Existing and Potential Dwelling Units in the Community of Crozet . . 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LLC HADEN PLACE IlntE'l 09.2Uil} '" ,., Q 'il ~ ~ 7~ Sooth I" ')tl,t;>l;: .1~1W=. .'~lkl. y/.. .-:2.H. ~:;~;:~l;:': (r~ !)I)l:.(.IjI'l-..C.OIf'l BlOCKS C $ D: Section and Setbacks NElGIlBOmlOOD MODEL APPLICATION Dro.Wlng Scatel No; to 'k:ll<> rMe NaMe; :i~~"i,~";:MA.;J:,;~~ ~ Pr'oJp.ct NO.1 :~(;2;: >- CJz . 0 ~ . t'.J) Project IItlel ::r <1l (!, ,-0- z ~ 0 -... -\ (1l tI\ ., rt' (j) 0 lJl ::::> (1l (1l rt' lJl )> I OJ rt' ::::> ., 0 c & ::::> )> I OJ U) -... 0 ., \J c ~ ::J & lJl (1l rt' \J ~ () iT z ~ -i o Ul () ~ HADEN FU\CE NEIGHBORHOOD Mom:L APPLICATION White Hall District, Albemarle County, Virginia . 51 SIDEWALK :~~i::'):.1 (;1 LANDSCAPE ISLE I II TRAVEL LANE I I' TRAVEL LANE (;1 PARKING LANE .I~~"~' '\ I I' . , .,/-tr (;1 LANDSCAPE ISLE 5' SIDEWALK -0 ?J ~ 0 )>-fl\--o Z(j)O )>~(j) G>Om m 0 ~?J-o m~o Z~() ~}>7" )>~rn ?Jrn--\ m?J-o )> )> ?J 7" Orll.wlng Utlc' Connector Road: T yplcai Section ~~ ~~ ()-o O?J ?JzO Oz-o )>~O---- O~lJ) Om ?JO ='1 - -f'r Dnt{Jl !I9.2!.(:t> Cl1p(kf'd BYl ..Ie: Projp,ct No.' :'iCP.:'i rUe Nnl'lel :i~i"f,S:"lMP..IJvi:~ Dro.wlng SCQlel No. l~l SCl.!~ Dro.lIIn By' ..Ie . 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VA 2291 I <43-lJ.9791.& 121 Cpt .!l<4,979. ,,& I III ODttVA..cc:.I ::> --:t C/) P,.oj~d Title' [ HADEN PLACE I'D r+ Z NEIGHBORHOOD MODEL APPLICATION o White Hall District, Albemarle County, Virginia ~,'Q;J::-)/,~ t/ ~~ ,~ ~ ~~; ~ ..... ~j ;;:t .-:'z- & ~ .~ 0. M ,..... 1-~_ :::rJ i>' ~>f' \11\-\'') ........ CONCEPTUAL GRADING $ UTILITIES Df"0..11l9 S[ole' As Shown Dnnm By' JKS Fie Nor'IE" 55-69-ZHA,dwg '" " Dote. 09,21.06 Checkpd By. ..I<S ProJect No.. 5020 ~~k?t~~f::7i1i~~r7~rnf,;;:J'.l~l<':'!","":,,~':~!~\:':'~:"'!.l"":" , .' '\'\,'li,Vi\':i "'" >- -.) ~ P,'oject Title' <1l <1l c->- HADEN PLACE NEIGHBORHOOD MODEL APPLICATION z o 'it' ""';1',"",," ;"'~\~~'1'f~t:\11W'r""'''1l''-'''~'~''''''~ - .. OJ " \l --------- .~. ~- r:-;;C~::::-.>..~ ! -~ h 7----~::::-~:~ ;=~)______ ." T> .. ...........-/ -- _ ..... ~ '.' ~L---!.~~-=-~~~~~_~~~_ --- . ':"-""-...,.: ,f -.----. '__ \'''\.1'''''''''-, ......,......".... --.--- . -~.''--.1~,,--c=.. h I' '. r '. :~~m0~', J"--r-=='~- . 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Attachment 0 COMMUNITY OF CROZET 9/27/2006 Summary of Existing & Potential Dwelling Units Reviewed and/or Approved Since Crozet Master Plan Adoption on 12/1/04 EXISTING DWELLING UNITS Number of Existing Dwelling units as of 8106* Total Units 1875 , Includes all dwelling units that have been issued CO's as of 8/06. POTENTIAL DWELLING UNITS APPROVED FINAL PLATS & SITE PLANS (12/1/04 to present)- No CO's as of 8/06 SUB 04-136 SUB 04-102 SOP 05-17 SUB 05-391 SUB05-113 Ballard Field (Old Trail by-right) Upper Ballard Field (Old Trail by-right) Ballard Field Townhouses (Old Trail by-right) Old Trail Creekside II-Phase 1-Final (bY-right) Westhalll & II (SF) Units 47*' 40** 8** 35 49 179 Total "This number is the total remaining potential dwelling units that have not received CO's in these sections. APPROVED PRELIMINARY PLATS & SITE PLANS SUBJECT TO FINAL APPROVAL SUB 05-259 Old Trail Creekside II (Other than Phase 1) SUB 05-229 Clayton SUB 05-146 Westhall Phase III SUB 06-104 West End at Western Ridge SOP 05-90 Westhall Phase IV 61 27 9 16 36 149 Total ZMA 04-24 ZMA04-17 ZMA 05-05 ZMA 05-18 ZMA 06-01 REZONINGS APPROVED SINCE CROZET MASTER PLAN ADOPTED -NUMBER OF UNITS Units 2275 107 51 106 36 2575 Old Trail Village* Wickham Pond' Liberty Hall* Wickham Pond II Westhall Phase V Total -Number of Umts/Lots on PRELIMINARY Plats and Site Plans UNDER REVIEW for these rezoned areas SOP 06-65 Old Trail Village (phase I) 51 SOP 06-72 Old Trail Village (Phase II-Block 11) 54 SOP 06-78 Old Trail Village (Block 12) 90 SOP 06-06 Wickham Pond 107 SOP 06-70 Liberty Hall 51 REZONINGS UNDER REVIEW -NUMBER OF UNITS lMAG2-0~ ZMA 05-07 lMAO&-Q;3 Units 600 34 00 34 FootfHJj~~-witMfaWR Haden Place Jafffiafl-+HIt( doforrod indofinitoly) Total NOTE In addition to the above listed projects, there are additional dwelling units that can be created by-right based on zoinig that has eXisted since prior to 12/1/04. Attachment A . Proffer Form Date: October 2.2006 Albemarle County Revisions: 10/05/06 ZMA: 2005-0007 Tax Map and Parcel Numbers: 55-69 and 56-9 ,6.69 Acres to be rezoned from R2 to NMD (Neighborhood Model District) in accordance with the Application Plan titled Haden Place, dated September 4.2006 And prepared by Dominion Development Resources. LLC Pursuant to Section 33.3 ofthe Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned. These conditions are proffered as a part ofthe requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning request. 1) Construction of Off-Site Improvements: As a condition of final subdivision plat or final site plan approval for any development within Haden Place (as depicted on the Application . Plan), the Applicant shall design and construct at its sole expense the following: a. Haden Lane Road Widening: Haden Lane, from the southern boundary of Haden Place to Jarmans Gap Road, shall be widened to a minimum pavement width of 18' and shoulders and ditches shall be installed to the extent allowed within the existing right-of-way. The improvements shall be designed and constructed to the satisfaction of the County Engineer. b. Killdeer Lane Road Widening: Killdeer Lane, from the southern boundary of Haden Place to Jarmans Gap Road, shall be widened to a minimum pavement width of 18' and shoulders and ditches shall be installed to the extent allowed within the existing right-of-way. The necessary road width and design shall complement improvements and widening that may occur on Killdeer Lane as a result of other ongoing development proposals. The improvements shall be designed and constructed to the satisfaction of the County Engineer. Vehicular connection from Haden Lane to Killdeer Lane shall be prohibited until such time that sight distance improvements, acceptable to the Virginia Department of Transportation, are made to the intersection of Killdeer Lane and Jarmans Gap Road. . c. Stormwater Drainage to Powell's Creek: The Owner shall not request that the County issue a building permit within Haden Place prior to the construction or bonding of an off-site stormwater drainage system to Powell's Creek in general accord to that shown on the General Development Plan. ~s Haden Place Wendell Gibson, Inc. Proffer Form Page I 00 Attachment A Construction of offsite improvements shall be completed, to the satisfaction of the appropriate authority no later than 12 months after approval of the first subdivision plat or site plan within Haden Place. 2) Future Dedications for Inter-parcel Connectivity with Ballard Fields and/or Realignment of Killdeer Lane: Upon the request of Albemarle County, portions of the open space area shown as "Block J" on sheet A5.l shall be dedicated to public use, as necessary, and made available for inter- parcel vehicular and/or pedestrian connection to the adjoining Ballard Fields Subdivision and lor for future realignment of Killdeer Lane. Locations of the inter-parcel connection and realignment are shown conceptually on the General Development Plan. a. Final location for dedication of the inter-parcel connection will be determined as a condition of first subdivision plat or first site plan approval for any development within Haden Place. Upon the request of Albemarle County, the Owner shall design and construct at its sole expense the inter-parcel vehicular connection to the southern property line adjoining Ballard Fields Subdivision. Said construction shall be completed, to the satisfaction of the appropriate authority, no later than 12 months after approval of the final subdivision plat or final site plan approval for lots within Blocks C, D, E, F, or G as shown on the General Development Plan. b. At the request of Albemarle County, the Owner shall provide future dedications, as necessary, to allow realignment of Killdeer Lane as a connection to Ballard Fields Subdivision. c. If the land dedicated in Proffer 2a and 2b is not used for its stated purpose within 10 years of dedication, then the Owner may pursue vacation or abandonment of the dedicated rights-of-way. 3) Cash Proffers: The Owner shall contribute a total of $82,000 cash for the purpose of mitigating traffic impacts from the development. The cash contribution shall be used only for the purpose of funding transportation projects identified in the County's Capital Improvements Program within the Community of Crozet. The cash contribution shall be paid in increments of $3,200 for each detached market rate unit and $2,700 for each market rate attached unit, prior to or at the time of issuance of the building permit for each unit. If this cash contribution has not been exhausted by the County for the stated purpose wi thin ten (10) years from the date of the last payment of the contribution, all unexpended funds shall be applied to project(s) identified in the County's Capital Improvements Program within the Community ofCrozet. Haden Place Proffer Form . . . ~s(o . . . Attachment A 4) Affordable Housing: The Owner shall provide six (6) "for sale" residential units of affordable housing in Haden Place as identified on the Application Plan. The Owner shall convey the responsibility of constructing the affordable units to any subsequent purchaser of the subject property. The current Owner or subsequent Owner shall create units affordable to households with incomes less than 80% of the area median income, such that housing costs consisting of principal, interest, real estate taxes and homeowner's insurance (PITI) do not exceed 30% of the gross household income. The Albemarle County Office of Housing or its designee shall approve all purchasers of these units. The Owner/builder shall provide the County or its designee a period of 180 days to identify and pre-qualify an eligible purchaser for the affordable units. The ISO-day period shall commence upon written notice from the Owner that the units will be available for sale. This notice shall not be given more than 120 days prior to anticipated receipt of the certificate of occupancy. If the County or its designee does not provide a qualified purchaser during this period, the Owner shall have the right to sell the unites) without any restriction on sales price or income of purchaser. This proffer shall apply only to the first sale of each of the six (6) units. 5) Historic Resources: As a condition of the first preliminary subdivision plat or preliminary site plan approval for any development within Haden Place, the Owner shall provide a reconnaissance level survey performed by an architectural historian or other qualified individual, to adequately provide an archival record of the existing homestead. The survey shall meet the requirements of the Virginia Department of Historic Resources Reconnaissance Survey Field Form, and results shall be included in the Haden Place Code of Development. 6) Final Grading Plan: For any subdivision not requiring a site development plan, the Owner shall submit a Final Grading Plan to the satisfaction of the County Engineer. The Owner shall obtain approval of the Final Grading Plan by the County Engineer before the first final subdivision plat or site plan is approved within Haden Place. The Owner shall not request that a Certificate of Occupancy be issued for a dwelling unit on a lot if the County Engineer has determined the lot grading is not consistent with the approved grading plans. ~ -t/ IL JeHlel! 0. C h-J Printed Name of Owner /0 - Or-06 Date Signature of Owner BD s -7 Haden Place Wf'nrlf'll Gihsnn Tnr. Proffer Foml Page 3 of3 JOHN K. 'D.OOART, III MoB. GJIlIlON.Jll. TlIOloWl E.. A1..Bao PA11UC1A D. McGRAW R. LEIl LIVINOSTON RACHEL L. RUST Pm!IlJ. CARAMANl8 LAW OFFICES TREMBLAY & SMITH, LLP P. O. Box 1585 CHARLO'ITESVlLLE. VIRGINIA 22902-1585 105.109 E. HIGH STREET 1r~ONE(434)977~55 FACSlMILB (434) 979.1221 TRAC'I!Y C. HOPPER NArnAN J. D. V!LDHUlS I\HrwD Eo GIlIlALD 'I'lUD.IBLAY 1921 . 200l LLOYD T. SMmt. Jll. November 1, 2006 Richard E. Carter, Esq. Zunka, Milnor, Carter & Inigo, Ltd. 414 Park Street Charlottesville, VA 22902 RE: Beights Development I Wendell W. Gibson, Inc. Dear Rick: Thanks for your letter of October 6, 2006. Your letter mentioned Mr. Gibson's plans for Haden Place having been approved, but it is my understanding that when the application went before the Board of Supervisors a couple weeks ago, it did not receive approval. I understand that it has been deferred. As I stated the last time we spoke, I believe it would be beneficial to Mr. Gibson's application to show an actual connection will be made from Haden Place to Summerford Lane, not just a road built to Mr. Gibson's property line. Beights Development is willing to allow that connection if Mr. Gibson is willing to construct it as his expense. I just wanted to let you know the opportunity is still available if, given the status of the Haden Place application, Mr. Gibson now has a greater iriterest in pursuing this possibility. Best regards. Very truly yours, ~ Peter J. Caramanis cc: Justin Beights (via e-mail) . Attachment B Haden Place Neighborhood Model District Code of Development October 2,2006 Revised by Albemarle County on October 5, 2006 Prepared by Dominion Development Resources, LLC For. Wendell Gibson, Inc. I I I I I I I I I I I I I 'I I I I I I Table of Contents Part 1: Introduction History of Application.. .... . . . .. . .. .. . . .. . .. . .. . .. .. .. .. .. . .. .. .. . .. . .. . .. . .. .... .. .. . .. . .. . .. .. . ....1 Regional Justification............................................................................. ....2 Existing Site Conditions................................... ....................................... ....2 Neighborhood Model Principles.... ............................................................. ....3 Infrastructure.................. ..................................................................... ....6 'Transportation............................................................................ ....6 Stormwater Management............................................................... ....6 Water and Sewer............."...... ....................... ............................. .....7 Part 2: The Code of Development Illustrative Plan..... .. . ...... .... ......"............................. ...... ......... .. . ... .. ....... ..8 General Development Plan... . .. . .. . . . . .. . . . . .. . . . . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. .. . . . . . .. . ... . .. . ..8 Land Use........ .................................................................................... ....9 Open Space and Amenities........................................................... ..11 Historic Resources. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... . . . . . . . . . . . . . .12 Architectural and Landscape Standards. . ..... . . . .. . . .. .... . .. . .. .. .. .. . .. . . .. .. . .. . .. . .. . .. . .. . ..12 General Architectural Style... .... ................ .......................... ............ . ..12 Form, Massing, and Proportions. . . . . .. . ... . .. . .. . .. . .... . .. . .. . . . . .. . .. . .. . .. . . . . .. . .. . ..12 Materials and Colors. . . . . .. . . . . ..... . .... . .. . .. . .. . . . . .. . . . . .. . .. . .. . .. . .. . .. . . .. .. . .. . . . . ..13 Roof Pitch and Form.. . . . .... . .. . .. . .. . .. . .. . .. . .. . ..... .. . .. . . .. .. . . .. . .. . .. . . .. .. . .. .. . . ..14 Ornamentation................................ ............................................. ..14 Streets cape Treatments.................................................................. ..14 Lighting....... ................... ....... .............. ................ ....... .................. ...... ..14 Landscaping. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 Architectural Review Committee..... ..... . ... . .. .... ......... ..... .... ......... .. .......... .. . ..15 Part 3: Supporting Photographs Existing Conditions (Neighborhood)... ................................................ ......... .17 Existing Conditions (Site)......................................................................... .19 Village Home Examples.............. ..... ...................................................... ...20 Cottage Examples................................................................................ ...21 Community Green Example..... . .......... .............. ...... ...... ............... ......... .... .22 I I I I I I I I I I I it I I, I I I I I Part 1: Introduction History of Application: In January 2004, a local development firm purchased 6.69 Acres (the Haden Place Property). An R-2 single-family detached development plan was submitted to Albemarle County for review. In January 2005, Wendell Gibson, Inc. (the applicant) purchased the property from the local developer. Mr. Gibson is a local residential builder who lives in Western Albemarle County and has been building in the Crozet Growth area for several years. After a pre-application conference and several additional meetings with Community Development Staff, Mr. Gibson was advised that a pre-application submittal to the Planning Commission would not be required and that County Staff could support a rezoning application to Neighborhood Model District. ZMA 2005-0007 was submitted on May 31,2005 proposing a 40-unit Neighborhood Model District for the property. During the application review, several questions arose regarding: the requirement of offsite road improvements, the requirement for on site private road frontage, the Crozet Master Plan guidelines for affordable housing and density provisions, and the treatment of the existing 1882 house. A Planning commission work session was held on September 13,2005 and addressed these topics. Additionally, the Planning Commission recommended that the proposed layout should address the integration with Ballard Fields development, being built on the adjoining property to the south. The ZMA application was resubmitted on January 18,2006 following the recommendations from the September 13 work session. In February of2006, Mr. Gibson was notified that the Crozet Master Plan interpretation of allowable densities had been revised to reflect net acreage (interpreted as 80% of gross) and the current application (dated October 2,2006) is based on a net acreage of 5.35 acres. Page 1 of 22 I I I I I I I I I I I I I I I I I Regional Justification: In the Application Plan, sheet A-4 shows the relationship of the property to regional facilities and services in the area. As Haden Place is located near the center of the Crozet Growth Area, the following distances to and from regional facilities, services, and districts are of note: l. ') L.. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Crozet Elementary School: Brownsville Elementary School: Future Elementary School site: Henley Middle School: Western Albemarle High School: Crozet Volunteer Fire Department: Western Albemarle Rescue Squad: Jefferson Madison Regional Library: U.S. Post Office Downtown Crazet Business District: Western Park (Old Trail): Claudius Crazet Park: Future Eastern Park: Rt. 240 Industrial/Commercial Center: Old Trail Commercial Center: Route 250 Commercial Center: 0.7 miles 0.9 miles 1.25 miles 0.9 miles 1.1 miles 0.6 miles 0.4 miles 0.4 miles 0.3 miles 0.2 miles 0.3 miles 0.6 miles 1.6 miles 1.0 miles 0.4 miles 1.6 miles While all of the above services, facilities, and districts serve the entire regional population of Western Albemarle County, the quality and quantity of the services and necessary infrastructure is directly dependant on the travel distances required. For example, residents at Haden Place could walk to school, work, the post office, a park, shops, or a restaurant. Existing Site Conditions: The existing site is 6.69-acres. There is 460 feet of existing road frontage on Haden Lane and 575 feet of existing road frontage on Killdeer Lane. There is 30 feet of fall from the high point (northwest comer) of the property to the low point (southeast comer) ofthe property. A poorly defined ridge runs from Northwest to Southeast and divides the site into two drainage areas of approximately 6.1 acres and 0.6 acres. The typical slope of the land is about 4%. There are 5 areas, totaling 4,970 square feet (more or less), on the site with slopes greater than 25%. Three quarters of these "steep slopes" are within an existing wooded area at the southwest comer of the site. Approximately 18 % of the site, lying in the southwest comer along Killdeer Lane, is wooded and contains the steepest topography. The existing trees in this area are mixed hardwoods with trunk diameters of 6-18" on average. The remainder of the site is open with a ground cover of fescue. There is an existing vacated homesite on the east side of the property. The homesite includes a I I Page 2 of 22 I I I I I I I I I, I I I I I I I I I I a future dedication could provide additional connectivity and realignments through the pocket park. Parks and Open Space as Amenities: Conceptual calculations show that the area required for a water quality bio-filter is 5,300 square feet. The graded area in the pocket park is approximately 26,000 square feet and the tree conservation area is approximately 13,000 square feet. This provides unique opportunity to provide stormwater management that is blended in a landscaped passive park setting adjacent to a substantial stand of existing hardwoods. A footpath, benches, and a picnic pavilion will be provided to further enhance this open space as an amenity. The "green" at Haden Place creates a vehicular turnaround that functions differently from the traditional cul-de-sac. The paved area measures 90 feet by 92 feet with an 18 foot deep parking bay on one end. A 2,800 square foot landscaped green is located in the center of the paved area. The result is a narrow, one-way travel isle with lawn area that is shared by the community. The 10,600 square foot open space "buffer" along the northern perimeter of the site provides screening from existing adjoining residences, greater building setbacks for the 4-unit townhomes, and community area for playground equipment, gardens, and I or lawn space. Neighborhood Centers: The 1.04 acre pocket park provides a neighborhood center (on a residential and pedestrian scale) for Haden Place, Ballard Fields, and the existing residences on Haden Lane and Killdeer Lane. The Green on Haden Place provides a similar neighborhood center for the residents on Haden Place. Buildings and spaces of human scale: Twenty of the proposed 34 residences are single-family detached homes with front widths of 32 feet or less. The remaining 14 proposed units are designed as 3 blocks oftownhomes separated by a pedestrian oriented streetscape. The largest building footprints on the Application Plan are 2 five-residence townhouse building of approximately 4,500 Square feet. These buildings, along with the green space on Haden Lane and the pocket park across the connector road create a neighborhood design that focuses on the neighbors rather than the through traffic and vehicular access. Relegated Parking: All off street parking for Haden Place is relegated to the rear alleys. Some on street parallel parking is provided for guests on all streets. In addition rear-loaded surface parking is located to provide minimal visual impact from nearby public and private streets. Mixture of Uses and Use Types: Earlier versions ofthe Application Plan provided for a greater flexibility of commercial uses allowed on the first floor of the proposed townhomes. As the zoning regulations in Albemarle County are not consistent with allowing these uses as they were previously proposed, the current Application Plan allows for home occupations and daycare facilities (wi 1-5 Page 4 of 22 I I I I I I I I I I I I I I I I I I I children) as By-Right uses. While the Crozet Master Plan suggests comer stores as a By-Right use in this location, the Application Plan does not allow for this (other than that which would be allowed under the home occupation regulations). Mixture of Housing Types and Affordability: The Crozet Master Plan suggests Cottages, Houses, Live/Work units, Accessory units, and Inns as proposed types of housing in the CT3 areas. The Application Plan provides Cottages, Houses, and Townhomes (which could function as Live/Work units using home occupation guidelines). As discussed at a worksession with the Albemarle County Planning Commission in September of 2005, detached cottages are proposed in lieu of Accessory units to provide a unique opportunity for affordability in a detached "for sale" residence. The applicant has met with County Staff on several occasions to discuss the design of affordable housing in Haden Place. The village homes on Haden Lane and Killdeer Lane will likely be the most expensive product in Haden Place and the Cottages will be the least expensive. Six for-sale affordable dwelling units shall be made available within Haden Place as provided in Proffer 4. Redevelopment: This existing R-2 property is uniquely located near the center of the Crozet Growth Area in an existing neighborhood with frontage on two existing streets. The site is located within ~ mile of approximately 6 other development plans that are currently being built or reviewed. The Application Plan provides a piece of the connectivity that would assist pedestrian, bicycle, and vehicular flow between Haden Lane, Killdeer Lane, Ballard Fields, Jarman Hill, and downtown Crozet. Site planning that respects terrain: The lowest point on the site is proposed to serve as an on site stormwater management facility with outfall into an adjacent offsite stormwater drainage system. Blocks B, D, E, G and are proposed as residential blocks having buildings with basement garages. This allows the fronts of all buildings to have finish floor elevations above street level. Existing critical slopes and wooded areas in the southwest comer of the property are proposed to be disturbed to allow needed road improvements to Killdeer Lane. 500 square feet of critical slopes in the northeast comer of the site are proposed to be disturbed to allow needed road improvements to Haden Lane. 400 square feet of critical slopes in the northeast comer are proposed to be disturbed to allow one house site on Haden Lane. 3,000 square feet of critical slopes are proposed to be undisturbed. Clear Boundaries with the rural areas: All adjoining properties are zoned R-6 and R-2. The nearest boundary with the rural areas, as described in the Albemarle County Comprehensive Plan, is approximately 0.75 miles. Page 5 of 22 I I I I I I I I I I I I I I I I I I I Infrastructure: Transportation: The proposed plan would provide an East / West connection between Haden Lane and Killdeer Lane. Haden Lane and Killdeer Lane provide connections between Jarman's Gap Road and Old Trail Drive, and Old Trail Drive and Jarman's Gap Road provide connections between Crozet Avenue and U.S. 250. Mr. Gibson proposes to provide full frontage improvements along his property frontage on both Killdeer Land and Haden Lane and any improvements on Killdeer Lane and Haden Lane as required by the Department of Transportation to accommodate additional traffic generated by the Haden Place rezoning application. Mr. Gibson has further agreed that no vehicular connections shall be made between Haden Lane and Killdeer Lane until such time that sight distance improvements are made at the intersection of Jarman's Gap Road and Killdeer Lane. Design Traffic Volumes for Haden Place are as follows: 14 SFD Village Homes @ 10 trips/ day 6 SFD Cottage Homes @ 8 trips/ day 14 SF A Townhomes @ 6 trips / day Total ADT = 140 trips = 48 trips = 84 trips = 272 trips The design traffic volume for the existing 16 lots on Haden Lane is 160 trips per day and the design traffic volume for the existing 8 lots on Killdeer lane is 80 trips per day. Stormwater Management: The property lies within the Lickinghole Creek Regional Facility's drainage basin, which manages peak flow from the 10-year frequency storm. In addition to providing a prorated fee to this facility, a conceptual on site facility has been incorporated in the application plan. The proposed onsite facility outfalls into an existing stormwater pipe system, and some additional on site detention is anticipated in order to comply with the Albemarle County Water Protection Ordinance. Two off site easements have been recorded to provide additional drainage east to Powell's Creek. Approximately Y2 acre of the site will drain Page 6 of22 - I I I I I I I II I I I I I, I I I I I Water and Sewer: Page 7 of 22 through this easement. A small water quality facility is proposed in conjunction with this system. Conceptual Water Quality Management computations show a required removal efficiency rate of 84% for an impervious area of 106,000 Square Feet. The Application Plan proposes an area of9-10,000 square feet to filter runoff from the site. Public water and sewer are available in the Crozet Growth area. A 12" waterline is available onsite at Haden Place. An Existing fire hydrant is located onsite on Haden Lane. An existing fire hydrant is located on Killdeer Lane across from the site. It is anticipated with the Application Plan that a new waterline will follow the connector road, teeing into both existing lines and a hydrant will be located near the entrance of Haden Place. An 8" sanitary sewer line is located on Haden Lane and is available to serve future hookups at Haden Place. An additional 8" sanitary line is available on Killdeer lane. It is anticipated with the Application Plan that a new sanitary sewer line, serving all proposed residences, will follow the proposed alley and connect to the existing line on Haden Lane. I I I I I I I I I I I I I I I I I ! I I Part 2: The Code of Development The narrative herein, including referenced tables and figures from the "HADEN PLACE ZMA 2005-0007 Application Plan" with current revision date of October 2, 2006, establish the Code of Development for the property and meet the requirements of Section 20A of the Zoning Ordinance. Proffers are provided as a separate document. The Application Plan is a graphic depiction of the zoning district and the following descriptions are to be provided as shown on this Plan. Where any discrepancy occurs between this written Code and The Application Plan, this written Code shall take precedence. In the event a conflict ever exists between this written Code and the requirements of any applicable state or local ordinances, the state or local ordinances shall take precedence. Illustrative Plan: The Illustrative Plan is a representation of the general form and massing of Haden Place. Development of Haden Place shall be in general accord with the Illustrative Plan. Significant features of the Illustrative Plan include: 1. Lower density detached residential development along the perimeter of the district adjacent to existing residences, 2. Higher density attached residential development (with home occupational uses) internal to the district, 3. Functional open space (with integrated tree preservation and stormwater management) located between the development and Summerford Lane to the south, 4. Rear-accessed parking (via private alleys) for all residential units. 5. And a mixture of at least 3 (three) types of residential units in the district. Page 8 of 22 I I I I I I I I I I I I I I I I I I I General Development Plan: The General Development Plan includes sheets AS.! through A7 of the Application Plan. The Development of Haden Place as a district shall be in general accord with the graphic representations ofthe General Development Plan. The requirements of Section 20A.5.a through Section 20A.5.f and Section 20A.5.i are provided on Sheets A5.2 and Sheet A5.3, including the following 1. Permitted Uses By-Right, 2. Maximum allowable density, 3. Maximum allowable lot coverage (footprint of building / area oflot), 4. Maximum allowable height of structures, 5. Minimum allowable lot sizes, 6. Minimum allowable yard setbacks, 7. Location and requirements of Built-To Lines, The Code of Development requirements shown on these sheets are not subject to the "general accord" standard that applies to the physical layout of the improvements on the Plan, pursuant to Section 8.5.5.3. In addition, the General Development Plan proposes street sections for determining the location and widths of the following: travel lanes, alleyways, parking lanes, parking bays, landscape isle, medians, islands, rights-of-way, and access easements. It is anticipated that final locations and dimensions of these elements of the street sections will be determined with the approval of Road Plans, Utility Plans, and the Final Plat for the development. Where any commercial use is proposed, the commercial use shall be accessory to the permitted residential use and shall be regulated by Section 5.2.2.1 of the Zoning Ordinance. The intent of this provision is to allow limited, neighborhood-scale home occupation ventures that would not alter the human scale of the residential district. On street parallel parking shall be provided for each block in Haden Place, as permitted by VDOT and the County Engineer. The intent of the open space delineated in Block J of the General Development Plan is to provide a substantial tree preservation of the existed wooded area on the site, onsite stormwater management for the development of Haden Place, and a pocket park that integrates the development of Haden Place with the Ballard Fields townhomes across Summerford Lane. The open space shall be designed to maximize pedestrian accessibility and use through plantings and hardscaping. As future interconnectivity with adjoining parcels is still being considered by County Planners; at the request of Albemarle County, the open space area shown as Block J shall be dedicated for public purpose and made available for vehicular and/or pedestrian connections to the adjoining Ballard Fields Subdivision and/or for realignment of Killdeer Lane. Page 9 of22 I I I I I I I I I I I I I I I I I I I Land Use: Residential Density (Section 20A.7) Haden Place lies within Neighborhood 6 as identified on the Crozet Master Plan. The site, along with the existing neighborhoods on Haden Lane and Killdeer Lane are further identified as Neighborhood Village / Edge (CT3) from the Crozet Land Use and Place Types Table. Residential uses recommended in the CT3 category include: Cottages, Houses, Accessory Units and Live Work Units. The "Master Matrix" Crozet Place Types and Design Guidelines recommended density is 3.5-4.5 units per acre with up to 6.5 units per acre if accessory apartments are added for 50% of the residential stock. As an R-2 district (existing zoning), 13 residential units are allowed on the site (20 utilizing bonus factors). The Crozet Master Plan recommends up to 24.1 residential units (using 5.35 net acres) ifno accessory apartments are provided; and by incorporating "accessory apartments", up to 34.8 residential units are recommended. The Application Plan shows a total of 34 "for sale" residential units for Haden Place. In requesting that 34 residential units (or 5.0 units per acre) be allowed in Haden Place, the applicant shall provide three housing types, as follows: 14 SFD Village Homes (see supporting photographs in Part 3 of Code): The larger residential units (typically 2,000 square feet and more) are placed along Haden Lane and Killdeer Lane to provide consistency with the existing residential development along these streets. The setbacks proposed in the Application Plan are actually greater than the existing R-2 setbacks along these streets. While the side setbacks between these homes are consistent with R-2 setbacks, there are no homes proposed adjacent to the southern boundary and the homes adjacent to the northern boundary are shown with 20 ft setbacks from the northern property line, which is twice that required in an R-2 district. The single-family home footprints shown are variations of the Ashland, Bedford, and Chatham models built in Wayland's Grant and Parkside Village. These vernacular-style homes have deep front porches that wrap around on corner lots. The 8 homes on Haden Lane have rear-loaded garages, which along with landscaping are oriented to screen the rear of the interior townhomes and parking from the street. The six homes which front on Killdeer lane have rear loaded, basement garages with additional room to park on aprons behind the garages. The architectural style, colors, walkways and plantings of these homes are consistent with Crozet's period of historic significance (c. 1870 to c. 1950). 6 SFD Cottages (see supporting photographs in Part 3 of Code): The single-family cottages (typically less than 2,000 square feet) provide a new and unique housing product for Albemarle County. The cottages and their lots are designed to provide for-sale detached housing alternatives at a lower price-point in the growth area. Page 10 of22 I I I I I I I I I I I I I I I I I I I The architectural style, materials, colors, and landscaping of the cottages will blend with the Townhomes and Village homes of Haden Place. 14 SFA Townhomes: The 14 townhomes are intended to direct mass, density, height, form, streetscape, and activity to the center of the site without overwhelming the plan. Two ofthe buildings allow for 5 attached units while the third building allows for 4 attached units. The effect of this massing is to prohibit "row-housing" that is not in character with the surrounding neighborhood of Haden Lane and Killdeer Lane and to provide a greater ability to match the architectural style of the surrounding neighborhood. While the Application Plan stipulates the residential character of the street elevation, it is the intent of the Application to provide the ability for first floor neighborhood scale workspace to be incorporated into the design as home occupations. Of unique importance to the design of Haden Place is the 90-ft separation of the Build-To Lines and the parallel parking and substantial tree canopy between the buildings. At the northern property line, the 10,600 square foot "open space buffer", along with the rear alley and driveways, effectively creates a 50-ft setback for the 4-unit townhomes at the top of Haden Place. Along with screening, this creates a rear setback, which is 2 12 times that required in an R-2 district. Open Space and Amenities: (Section 20A.9) Three primary open spaces are provided, as shown on sheet Al of the Application Plan, which integrate with the planned development and the surrounding community: The l-~ acre passive pocket park, identified as Block J on the Application Plan, which has an integrated storm water management area, a picnic pavilion, sized to serve the needs of the Haden Place residents, and blends the planned development with the higher density Ballard Fields townhomes to the South.. An approximately 20-ft strip of Ballard Fields "Open Space" lies between this proposed park and Summerford Lane to the South. With permission from the adjacent landowner, this additional land will be incorporated into the pocket park design. The pocket park will contain a tree preservation area, an oversized biofilter with plantings, footpaths, sitting areas and similar features that will help it become a pedestrian link to and from Old Trail, Haden Place, and downtown Crozet. As the exact location of future interparcel connections have not yet been determined, provisions for future dedications for cOlmectivity at the request of the Albemarle County Board of Supervisors have been made in the proffers and also noted on the Application Plan. On the Application Plan at the top of Haden Place is an approximately 110 ft. by 90 ft. "square" that is framed by the cottages and four of the townhomes. In the center of the square is a "green" of approximately 60 ft diameter. While the larger park serves a more public use to the local community, the square will serve as common open space to the residents on Haden Place. The area might serve as a garden, a play area, a sitting area, or some combination of these. Page 11 of22 I I I I I I I I I I I I I I I I I I I The 10,600 square foot "Open Space Buffer" at the North end of the site creates a privacy screen between existing neighbors to the North and the rear of the 4-unit townhomes as shown on the Application Plan. Along with screening, this area might also serve as a place to walk a dog, play, or garden. Adjacent to the 4-unit townhomes, in Blocks L and M are located a playground area and a garden lot to serve the needs of the Haden Place residents. The final design features of the playground, garden area, green, and pavilion area will be determined at the time of final site planning for Haden Place. The pedestrian connectivity with Old Trail and downtown Crozet is further enhanced, as there is another 1.5-acre park 800 feet south on Summerford Lane in Ballard Fields along the way to Old Trail's Western Park, which is ~ mile south of Haden Place. Historic Resources: The existing c. 1882 vernacular-style farmhouse has been identified as historic (50 years or older). Unfortunately, the house has been left vacant and has not been maintained for many years. Original interior fixtures and detail have been removed and the overall structure is in very poor condition. Renovation of the structure is not an option for the applicant. While several of the existing trees around the homesite will need to be removed to accommodate the proposed plan, the potential exists to preserve 3 or 4 of the existing oak trees. The ability to preserve these trees is dependent on final road and utility plans for Haden Lane. In addition, street trees, sidewalks, walkways, and front yard landscaping are proposed throughout the site. Documentation of the historic resources, in accordance with the Department of Historic Resources Reconnaissance level survey standards will be provided as an addendum to this Code of Development, as proffered. Architectural and Landscape Standards: The following Architectural and Lanscape guidelines will be applied to the buildings and lots of Haden Place: General Architectural Style: The architectural style of Haden Place shall match the predominant style of the Crozet residences from the late 19th and early 20th century. This "vernacular" Virginia style is most evident in the shape and ornamentation of the late 19th century Victorian homes and the eave and porch details of the early 20th century craftsman style homes. Page 12 of22 I I I I I I I I I I I I I I I II I I I Form, Massing and Proportion: 1. All residences in Blocks A and B shall have a formal porch facing the adjoining street. 2. Haden Lane, Killdeer Lane, and Haden Place shall have a minimum of three different house elevations built on each street front. This requirement is to prevent the overuse of one architectural element on each of these streets. 3. To the greatest extent possible, garage doors shall not be visible from public or private streets. 4. All first floors shall have 9' ceiling heights. Materials and Color: 1. Vinyl siding is not permitted in Haden Place. Masonry, wood, and composites of wood and masonry are permitted as an exterior fayade treatment. 2. Roof materials may be architectural dimensional shingles, tile, or metal. 3. All materials and exterior colors shall be submitted and approved by the Haden Place Architectural Review Committee. A variety of earthtone colors is recommended for the neighborhood. White is not recommended. All homes shall have a minimum of one siding color and one trim color. 4. Exposed foundations must be finished with stone, brick or stucco. 5. All exterior wood finishes (other than pressure treated porch floors) shall be painted. This includes porch columns, railings, skirt boards and lattice treatments. Roof Pitch and Form: 1. Minimum roof pitch for main roof areas shall be 6: 12 for gable end structures. Lower pitches may be permitted for hip roofs if the design warrants it. 2. Dormer roofs should match pitch of the principle roof. Shed roof dormers may use pitches one half ofthe main roof. 3. With the exception of corner lots, ridgelines shall be parallel or perpendicular to the street. 4. Eaves shall project a minimum of 8" for main roofs and 6" for dormers. Architectural Ornamentation: 1. On houses with siding; window and door trim, as well as painted exterior corner boards shall have minimum dimensions of 5/4" thickness by 4" width. 2. Shutters, where used, shall be half the width ofthe window size. No shutters shall be allowed on twin windows without specific approval of the Architectural Review Committee. Page 13 of22 I I I I I I I I I I I I I I I I I I I Streetscape Treatments: 1. Front porches for Blocks C, D, and E shall have a minimum depth of 6-feet. 2. Front porches for Blocks F and G shall have a minimum depth of 4-feet. 3. Front porches for Blocks A and B shall have a minimum depth of 8-feet. 4. Sidewalks, as a minimum will be concrete; however brick may be substituted. 5. Driveways, alleyways, and aprons may be asphalt, concrete, brick, masonry pavers, or stone. Gravel shall not be used except during the initial construction. 6. All streets and parking areas shall be paved with asphalt. 7. All adjoining landowners shall maintain shared driveways and alleyways equally. It shall be the responsibility of the owners to maintain the surfaces in good condition and not use the driveways or alleyways in a manner that inhibits intended use by other owners. 8. Owners shall keep driveways and alleyways clear of personal property, which may render the travel way unusable. 9. All guests visiting in Haden Place shall be encouraged to park on the street. 10. All trash receptacles shall be kept behind the buildings and shall not be visible from the street. All trash receptacles stored outside of a house shall be enclosed in a fenced area, out of view of the street. Lighting: 1. Any lighting along streets that is not regulated by the individual homeowner shall be mounted on a 10-ft pole. The Homeowners Association shall be responsible for maintenance, operation and costs associated with these fixtures. Landscaping: 1. Unless prohibited by the Department of Transportation, street trees shall be planted in the planting strip between the sidewalk and road. Such trees shall be a minimum of 2 Y2 inches caliper and should be of a species common to the area, as stipulated in the "Albemarle County Architectural Review Board Design Guidelines". 2. Entrances to the private alleyways shall be screened with ornamental and/or screening trees and shrubs to limit sight access to the rear of Blocks A, B, C, andD. 3. Evergreen screening and/or shrubs shall be planted along the rear of Block H adjacent to the northern Boundary of Haden Place. 4. The intent of the landscaping along Haden Place is to create a "closed canopy" between the architectural facades of blocks C and D. Page 14 of22 I I I I I I I I I I I I I I I I I ,I I 5. Wherever possible, shrubs and screening shall be used to visually buffer any visible parking areas, alleyways, and driveways from street view. Said shrubs should be a minimum 24-inches in height at planting. 6. Supplemental plantings are encouraged particularly within the front yards along streets in order to soften the appearance of all building facades. Combinations of the various types of plant material (evergreen and deciduous trees and shrubs) as well as native plantings indigenous to this area are encouraged. 7. All Plantings in the Haden Place development shall be selected from the Albemarle County Approved Plant List, a copy of which is attached with the Code of Development. Tree Conservation: A Landscape Conservation Plan and Conservation Plan Checklist, showing measures required to protect the area delineated for tree conservation in Block J shall accompany any final development plans for the site. The Landscape Conservation Plan shall be in accordance with Section 32.7.9.4.b and shall reference the Virginia Erosion and Sediment Control Handbook Standard and Specification 3.38 Tree Preservation and Protection. Any disturbance of the tree conservation area shall be mitigated to the satisfaction of the Albemarle County Director of Planning and Community Development. Architectural Review Committee: The Haden Place Architectural Review Committee shall approve detailed architectural standards based on the Code of Development prior to building permit application to Albemarle County. Prior to the recordation of the covenants and restrictions for Haden Place, they shall be submitted to the Director of Planning for review to ensure compliance with the Code of Development. The developer shall establish the Haden Place Architectural Review Committee prior to the issuance of the first building permit in order to enforce the Code of Development's architectural and landscape standards set forth herein. A certificate of approval from the Haden Place Architectural Review Committee must be submitted at the time of building permit application. Page 15 of22 I I I I Part 3: Supporting Photographs I I I I I I I I I I I I I 'I I Page 16 of22 't~\. ~~r~'~~:~~r i I I :,. I -... , T I '- I I I (/) I c 0 -+-' "0 I c 0 () I 0) -+-' ~ I 0 0) c I co .....J s- O) I 0) "0 - .- I ~ I I I I I 1t o,\: 1."2.. I I I I I I I I I I I I I I I I I I I Q) 0') co ....... c o L.. LL 0') c ....... en >< LU en c o ....... -0 C o o 0') c :.;:; en >< W ....... C co U co > 0') C ....... en >< W ,-~i Q) E o J: ,rf/ffll./i 13 e>r 11... I I I I I I en Q) I - c.. I E co I >< W I Q) I E I 0 I I Q) I en co - I - -- > I I I I 1.-b 0 t 1.;2.. II - ~ _. ~-, r.'''..;;. 'A;""~ =_: It ,.;~"'=-= '. I ~:~I i~ I I I I I I I I I I I I I I I I I I I '1.1 of 1..1- en (]) - Q. E co >< W (]) Ol co ......... ......... o (j ", I~""""'" : i::. ~. > _:.:;'0:--'''; < . ,d/#'''' 1fJf/R. .{!t~-., ~'- I I I Q) - c.. E ro >< UJ c Q) Q) 5- c.9 ~ ~ -- C ::l E E o '-' ..~ ,.' -"'''', . ~~'.,.~~+<,-~-o !' t '1 I I I I I I I I I I I I I I I I /;1/ 0+ ~'Z... . I I I I I I I I I I I I I I I I I I Appendix A: Virginia State Erosion and Sediment Control Handbook STD & SPEC 3.38 I I I I I I I I I I I I I I I I I I I 1992 3.38 sro & SPEC 3.38 I. 0 ,I TREE PRESERVATION & PROTECTION @ Definition Protection of desirable trees from mechanical and other injury during land disturbing and construction activity. Purpose To ensure the survival of desirable trees where they will be effective for erosion and sediment control, watershed protection, landscape beautification, dust and pollution control, noise reduction, shade and other environmental benefits while the land is being converted from forest to urban-type uses. Conditions Where Practice Applies Tree-inhabited areas subject to land disturbing activities. ~~'."..""'" III - 393 I I I I I I I I I I I I I I I I I I I 1992 3.38 Planning Considerations New development often takes place on tracts of forested land. In fact, building sites are often selected because of the presence of mature trees. However, unless sufficient care is taken and planning done in the interval between buying the property and completing construction, much of this resource is likely to be destroyed. The property owner is ultimately responsible for protecting as many trees as possible, with their understory and ground cover. This responsibility is usually exercised by agents-the planners, designers and contractors. It takes 20 to 30 years for newly planted trees to provide the benefits for which we value trees so highly. Trees perform the following functions on a site: 1. Assist in stabilizing the soil and preventing erosion. 2. Help to decrease stormwater runoff through canopy interception and root zone absorption. 3. Moderate temperature changes and provide shade. 4. Moderate the effects of sun and wind. 5. Provide buffers and screens against noise. 6. Filter pollutants from the air. 7. Help to remove carbon dioxide from the air and release oxygen. 8. Provide a haven for animals and birds, which help to control insect populations. 9. Conserve and increase property values. 10. Provide psychological and aesthetic counterpoints to the man-made urban setting. Stresses of Construction Trees may appear to be inanimate objects, but they are living organisms that are constantly involved in the process of respiration, food processing, and growth. Construction activities expose trees to a variety of stresses resulting in injury ranging from superficial wounds to death. An understanding of these stresses is helpful in planning for tree protection. 1. Surface Impacts: Natural and man-related forces exerted on the tree above the ground can cause significant damage to trees. a. Wind damage - Removal of some trees from groups will expose those remaining to greater wind velocities. Trees tend to develop anchorage where III - 394 I I I I I I I I I I I I I I I I I I I I 2. 1992 3.38 it is most needed. Isolated trees develop anchorage rather equally all around, with stronger root development on the side of the prevailing winds. The more a tree is protected from the wind, the less secure is its anchorage. The result of improper thinning is often wind-thrown trees. Selective removal in favor of a single tall tree may also create a lightning hazard. b. Excessive pruning - Unprotected trees are often "topped" or carelessly pruned to prevent interference with utility wires or buildings. If too many branches are cut, the tree may not be able to sustain itself. If the pruning is done without considering the growth habit, the tree may lose all visual appeal. If the branches are not pruned correctly, decay may set in. c. Trunk damage - Tree trunks are often nicked or scarred by trucks and construction equipment. Such superficial wounds provide access to insects and disease. Root Zone Impacts: Disturbing and delicate relationship between soil, roots, and the rest of the tree can damage or kill a tree. The roots of an existing tree are established in an area where essential materials (water, oxygen, and nutrients) are present. The mass of the root system is the correct size to balance the intake of water from the soil with the transpiration of water from the leaves. a. Raising the grade as little as 6 inches can retard the normal exchange of air and gases. Roots may suffocate due to lack of oxygen, or be damaged by toxic gases and chemicals released by soil bacteria. b. Raising the grade may also elevate the water table. This can cause drowning of the deeper roots. c. Lowering the grade is not usually as damaging as raising it. However, even shallow cuts of 6 to 8 inches will remove most of the topsoil, removing some feeder roots and exposing the rest to drying and freezing. d. Deep cuts may sever a large portion of the root system, depriving the tree of water and increasing the chance of wind-throw. e. Lowering the grade may lower the water table, inducing drought. This is a problem in large roadway cuts or underdrain installations. f. Trenching or excavating through a tree's root zone can eliminate as much as 40 percent of the root system. Trees suffering such damage usually die within 2 to 5 years. g. Compaction of the soil within the drip line (even a few feet beyond the drip line) of a tree by equipment operation, materials storage, or paving can block off air and water from roots. III - 395 , If II f ; If I; , II I; I I I I I I I I I ! I , I I , I i 1992 3.38 h. Construction chemicals or refuse disposed of in the soil can change soil chemistry or be toxic to trees. Most damage to trees from construction activities is due to the invisible root zone stresses. Design Criteria No formal design is required. However, in planning for the development of a wooded site where some trees will be preserved, a number of criteria must be considered. Selecting Trees to be Retained The proper development of a wooded site requires completion of a plan for tree preservation before clearing and construction begins. Trees should be identified by species, and located on a topographical map, either as stands or as individuals, depending on the density and value of the trees. Base decisions on which trees to save on the following considerations: 1. .Life expectancy and present age: Preference should be given to trees with a long life span, such as white oak, beech, and maple. Long-lived specimens. that are past their prime may succumb to the stresses of construction, so smaller, younger trees of desirable species are preferred; they are more resilient and will last longer. However, if the cost of preservation is greater than the cost of replacement with a specimen of the same age and size, replacement may be preferred. 2. Health and disease susceptibility: Check for scarring caused by fire or lightning, insect or disease damage, and rotted or broken trunks or limbs. Pest- and pollution-resistant trees are preferred. 3. Structure: Check for structural defects that indicate weakness or reduce the aesthetic value of a tree: trees growing from old stumps, large trees with overhanging limbs that endanger property, trees with brittle wood (such as silver maple), misshapen trunks or crowns, and small crowns at the top of tall trunks. Open grown trees often have better form than those grown in the woods. Trees with strong tap or fibrous root systems are preferred to trees with weak rooting habits. 4. Cleanliness: Some trees such as elm and black locust are notoriously "dirty", dropping twigs, bark, fruit, or plant exudates. A clean tree is worth more than a dirty one. Trees which seed prolifically or sucker profusely are generally less desirable in urban areas. Thornless varieties are preferred. 5. Aesthetic values: Handsome bark and leaves, neat growth habit, fine fall color, and attractive flowers and fruit are desirable characteristics. Trees that III - 396 r I I I I I I I I I I I I: I ! I f I .1 , t It I It t l liit t-__:. :: . .::, . )V\ , ~>" 1992 9. 10. 3.38 provide interest during several seasons of the year enhance the value of the site. 6. Comfort: Trees help relieve the heat of summer and buffer strong winds throughout the year. Summer temperatures may be 10 degrees cooler under hardwoods than under conifers. Deciduous trees drop their leaves in winter, allowing the sun to warm buildings and soil. Evergreens are more effective wind buffers. 7. Wildlife: Preference should be given to trees that provide food, cover, and nesting sites for birds and game. 8. Adaptability to the proposed development: a. Consider the mature height and spread of trees; they may interfere with proposed structures and overhead utilities. Roots may interfere with walls, walks, driveways, patios, and other paved surfaces; or water lines, septic tanks, and underground drainage. b. Trees must be appropriate to the proposed use of the development; select trees which are pollution-tolerant for high-traffic and industrial areas, screen and buffer trees for noise or objectionable views, salt- tolerant species for areas exposed to deicing salts or ocean spray. c. Consider location of landfills. Gases generated in them can travel long distances underground, to injure distant trees. Choose species tolerant of anaerobic soil conditions. d. Determine the effect of proposed grading on the water table. Grading should not take place within the drip line of any tree to be saved. Survival needs of the tree: Chosen trees must have enough room to develop naturally. They will be subject to injury from increased exposure to sunlight, heat radiated from buildings and pavement, and wind. It is best to retain groups of trees rather than individuals. As trees mature, they can be thinned gradually. Relationship to other trees: Individual species should be evaluated in relation to other species on the site. A species with low value when growing among hardwoods will increase in value if it is the only species present. Trees standing alone generally have higher landscape value than those in a wooded situation. However, tree groups are much more effective in preventing erosion and excess stormwater runoff. III - 397 I I I I I I I I I I I I I I I. I I I I 1992 3.38 DRIP LINE .".. - . PROTECTI\IE DEVICE MAXIMUM LIMITS OF CLEARING AND GRADING ......... PROPOSED GRADING -. .... CONSTRUCTION OPERATIONS RELATIVE TO THE LOCATION OF PROTECTED TREES Source: Public Facilities Manual, Vol. III, Fairfax Co., Va., 1976 Plate 3.38-1 4. Pre-Construction Conference: During any preconstruction conference, tree preservation and protection measures should be reviewed with the contractor as they apply to that specific project. 5. Equipment Operation and Storage: Heavy equipment, vehicular traffic, or stockpiles of any construction materials (including topsoil) shall not be permitted within the drip line of any tree to be retained. Trees being removed shall not be felled, pushed or pulled into trees being retained. Equipment operators shall not clean any part of their equipment by slamming it against the trunks of trees to be retained. 6. Fires: Fires shall not be permitted within 100 feet from the drip line of any trees to be retained. Fires shall be limited in size to prevent adverse effects on trees, and kept under surveillance. 7. Storage and Disposal of Toxic Materials: No toxic materials shall be stored closer than 100 feet to the drip line of any trees to be retained. Paint, acid, nails, gypsum board, wire, chemicals, fuels, and lubricants shall not be disposed of in such a way as to injure vegetation. III - 399 Ii t Ii I I I I I I I I I I I I I I I I 1992 FENCING AND ARMORING SNOW FENCE BOARD FENCE CORRECT METHODS OF TREE FENCING ( I I ,1/ \ ..... ~ =- \ 1\ \/1/1 I -P! CORRECT TRUNK ARMORING .. TRIANGULAR BOARD FENCE Source: Va. DSWC 3.38 Plate 3.38-2 - III - 401 i ~ I ., I I J I x I I ,~ . I 1 I I I I I I :;: 1 I ! .I I I . I - I 1992 3.38 b. In the case of an individual tree, when the above alternative is not practical or desirable, the following method is recommended to ensure survival of the tree (Plate 3.38-4). 1) Before making the fill, remove the green vegetation, sod, leaf litter, and other organic matter from beneath the tree or trees to a distance of 3 feet beyond the drip line and loosen the surface soil to a depth of approximately 3 inches without damaging the roots. 2) Apply fertilizer in the root area of the tree to be retained. Fertilizer formulations and application rates and methods shall conform to the guidelines provided in Table 3.38-A. 3) The dry well shall be constructed so as to allow for tree trunk diameter growth. A space of at least 1 foot between the tree trunk and the well wall is adequate for large, old, slow-growing trees. Clearance for younger trees shall be at least 2 feet. 4) The well shall be high enough to bring the top just above the level of the proposed fill. The well wall shall taper slightly away from the tree trunk at a rate of 1 inch per foot of wall height. 5) The well wall shall be constructed of large stones, brick, building tile, concrete blocks, or cinder blocks with care being taken to ensure that ample openings are left through the wall of the well to allow for free movement of air and water. Mortar shall only be used near the top of the well and only above the porous fill. 6) Drain lines composed of 4-inch, high-quality drain tiles shall begin at the lowest point inside the well and extend outward from the tree trunk in a wheel-and-spoke pattern with the trunk as the hub. These radial drain lines shall slope away from the well at a rate of 1/8 inch per foot. The circumferential line of tiles should be located beneath the drip line of the tree. Vertical tiles or pipes shall be placed over the intersections of the two tile systems if a fill of more than 2 feet is contemplated. These vertical tiles shall be held in place with stone fill. Tile joints shall be tight. A few radial tiles shall extend beyond each intersection and shall slope sharply downward to ensure good drainage. 7) Tar paper or its approved equivalent shall be placed over the tile and/or pipe joints to prevent clogging, and large stone shall be placed around and over drain tiles and/or pipes for protection. III - 403 I f i I , I 1 I I I ! I I I I I I I I I I i I ! I I I I ~ I 1 I i 1992 TREE WELL DETAIL . VERTICAL DRAIN . Source: Adapted from Tree Maintenance, 5th ed., Pirone, 1978. III - 404 FILL SOIL STRAW OR FILTER FABRIC SMALL STONE LARGE STONE TAR PAPER TILE DRAIN Plate 3.38-4 3.38 I I I I I I I I I I I I I I I I I I I ~ ~ ~ 2: ~ u -<: z o ~ ~ u ~ ~ 'JJ Z o u ~ o 1fZ ClO ~Z l"'lO ~~ ~U =~ -<:~ ~O ~ =: ~ z o ~ ~ -<: N ~ == ~ =: t: ~ ~ ~ 1992 ~ o ~ ~ ~ ~ ~ ~ Z o - ~ < U - ~ t < ;e o - ~ ~ o u ~ < - U ~ c:'-l ~ ~ ~ ~ ~ ~ f: I o ...... z o - ~ ~ ~ .... o 1.0 I 00 I o ...... ~ '8 Q) e e~ o I UI.O ..c .0 "0 ..c u c::: .- .... &..... ." .~ <I'l u .0"0 - ~ "1' e N .0 ~ e .... o Z ~ u 'C Q) e < fl- u ~ Q) * ..c .0 ." "0 Q) "'0. Q) 0. ..c ~ U.o .S ~ I.OU ~~ ..... .... ." ~.,g ~~ ~ '8 Q) e e o U ..c .0 "0 ..c u c::: .- .... &..... <I'l .~ CIl U .0"0 - ~ 1rl0 I .... ~ .0 Q) Q) ~ "0 OJ) e ~ s .. ....." - ~o ~ ..... tn ~ g I ::l "O~ 8 as 030 I o ...... ~ r I,Q I o ...... .... o 1.0 I 00 I o ...... ca '8 Q) e e~ o I UI.O ..c .0 "0 ..c u c::: .- .... &..... tn .~ CIl U .0"0 ...... ~ N 0 I .... ...... .0 =@ OJ) c::: .- tn "0 Q) .20. g ~ .- .0 ~ ~ ..c .... .ou "0"0 ~ ~ ..c U <I'l c::: Q) .- ..c ~~ .s ~ .... u ~ 'C ~ Q) e e C/)< ca .- u .... Q) e e o U ..c:: .0 "0 ..c u .S .... &..... tn <Ii 1:l .0"0 - ~ M 0 I .... N .0 Q) Q) "000 ~ ~ ~..c U ~ I I,Q r o ...... <I'l 0. ::l o .... 00 .S ~ ..... ~ ~ ..c .0 "0 tn Q) ..c u .S \0 ~ ..c ..... .... Q) ~ o In - 405 ~ r \0 I o - ~ .- u .... Q) e e o U ~ ~ .0 ..... o .::: 0- tn 8 .... &..... tn tn ~ .0 U - "0 ~ ~ 0 I .... N .0 tn c::: Q) e .~ Q) ei1> c::: .- CIl ..c .0 "0 tn Q) ..c u c::: .- \0 ~~ .... c::: .... B Q) Q) ~ g. =@ .... c::: e 0._ C/) ] c::: I ~ ~ b:1 o .... ~ ~ z~ "'<T I \0 J o ...... ~ CIl c::: o ..... ..... o U .... o Q) 00 ~~ ~~ g ~ .0 ca .- u .... Q) e e o U ..... en ~ U "0 ~ 2 .0 ..... o .::: - a'S tn tn 8~ - .- ....~ &E <Ii ~ .0 0 - U Irl .S ..c:: .0 "0 ..c:: u c::: .- .... & en :9 N ..c .0 "0 tn Q) ..c u c::: .- \0 ~ ..c ..... ~ ..... ..... o ~ .... o ~"O 0- ~~ .......... ~~ "0 'u ~ <0 - '0 tn .9 c::: .- ~ E ~ o u..c c::: u ": :; Q) e .- .-:: r.f} ..... ~ ~~ ~:.= ca!5: ~ ~ .0 "0 ::s ~ ..... c::: Q) .- u !.::: ..... ::l tn en .- - '0 tn c::: .- c::: Q) 00 e ..... .- c::: ~ Q) ..c ~ c::: e 00 .... Q) > t.I.l ..... ~ I "0 ~ e a:l ~ en c::: o ..... "0 U .... o Q) 00 ~~ ~~ ] ..... o .::: 0- en ...... 8 .~ ...... 0 ..... .... c::: &.- .~ ~~ ~g "0 0 "0 U ~.S ~ ~ < ~ ~ tn Q) as c::: en .- c::: Q) 00 e ..... .- c::: ca c::: o .- ..... .- "0 "0 ~ ~ Q) ..c:: ~ "0 c::: ::l 2 00 Q) > o .0 ~ ] V) ~ -- ..... ..c:: 00 .- Q) ..c:: ..... tn ~ .... .0 ..... ~ .... Q) ..... Q) e ~ Q ..c .0 "0 * 3.38 00 l' 0'\ ..... ..-.. ...... Q) > Q) - Q)~ c::: 2 ~ ~ ~ Q)~ u c::: Q) ..... c::: 'ca ~ ~ .... E-< e o ~ c::: Q) ~ ;g c::: .9 ..... ~ e .... ..2 c::: ...... Q) u .... ::l o C/) I I I I I j I I I I I i I I f . I . ~ ~ 10. 1992 3.38 8) A layer of 2- to 6-inches of stone shall be placed over the entire area under the tree from the well outward at least as far as the drip line. For fills up to 2-feet deep, a layer of stone 8- to 12-inches thick should be adequate. A thicker layer of this stone, not to exceed 30 inches, will be needed for deeper fills. 9) A layer of 3/4-inch to I-inch stone covered by straw, fiber-glass mat or a manufactured filter fabric shall be used to prevent soil from clogging the space between stones. Cinders shall not be used as fill material. 10) Filling shall be completed with porous soil such as topsoil until the desired grade is reached. This soil shall be suitable to sustain specified vegetation. 11) To prevent clogging of the drain lines, crushed stone shall be placed inside the dry well over the openings of the radial tiles. Vertical tiles shall also be filled with crushed rock and may also be covered with a screen. 12) To prevent anyone from falling into the dry well and leaves and debris from accumulating there, the area between the trunk and the well wall shall either be covered by an iron grate or filled with a 50-50 mixture of crushed charcoal and sand. (This will also prevent rodent infestation and mosquito breeding.) c. Where water drainage through the soil is not a problem, coarse gravel in the fill may be substituted for the tile. This material has sufficient porosity to ensure air drainage. Instead of the vertical tiles or pipes in the system, stones, crushed rock, and gravel may be added so that the upper level of these porous materials slants toward the surface in the vicinity below the drip line (Plate 3.38-5). d. Raising the grade on only one side of a tree or group of trees may be accomplished by constructing only half of one of these systems. Lowering the grade: Trees shall be protected from harmful grade cuts by the construction of a tree wall (Plate 3.38-6). a. Following excavation, all tree roots that are exposed and/or damaged shall be trimmed cleanly, painted with tree paint, and covered with moist peat moss, burlap, or other suitable material to keep them from drying out. b. The wall shall be constructed of large stones, brick, building tile, or concrete block or cinder block in accordance with the detail in Plate 3.38-6. III - 406 I I I I I I I I I I I I I I I I I I I 1992 3.38 TREE WELL WITHOUT DRAIN TILES DRIP LINE fiLL SOIL COARSE GRAVEL ';;~~1't~~~f~/i:~~~~;t~j:1{:~~~v5:J:?~tIj)?~- - Source: Va. DSWC Plate 3.38-5 c. Backfill with peat moss or other organic material or with topsoil to retain moisture and aid in root development. d. Apply fertilizer and water thoroughly. Fertilizer formulations and application rates and methods shall conform to the guidelines provided in Table 3.38-A. e. Prune the tree crown, reducing the leaf surface in proportion to the amount of root loss. f. Provide drainage through the wall so water will not accumulate behind the wall. g. Lowering the grade on only one side of a tree or group of trees may be accomplished by constructing only half of this system. III - 407 I I I I ~ I I ~ I I , , I 1992 11. I I 3.38 Trenching and Tunnelling: a. Trenching shall be done as far away from the trunks of trees as possible, preferably outside the branches or crown spreads of trees, to reduce the amount of root area damaged, or killed by trenching activities. b. Wherever possible, trenches should avoid large roots or root concentrations. This can be, accomplished by curving the trench or by tunnelling under large roots and areas of heavy root concentration. c. Tunnelling is more expensive initially, but it usually causes less soil disturbance and physiological impact on the root system (Plate 3.38-7). The extra cost may offset the potential cost of tree removal and replacement should the tree die. TRENCHING VS. TUNNELING DESTRUCTION OF FEEDER ROOTS WILL PROBABLY KILL THE TREE TUNNELING UNDER THE TREE WILL PRESERVE IMPORTANT FEEDER ROOTS Source: Tree Maintenance, Pirone, 1979. ~ Plate 3.38-7 III - 409 ! I I 1\ I I I ; I I I I , I i . I ~ I ~ I ~ ~ 13. 1992 3.38 Tunnelling is almost always preferred over the trenching method. The tunnel should be 18 inches or greater below the ground surface and should not be located under the center of the tree (an off-center tunnel has the least impact on the roots). d. Roots shall not be left exposed to the air. They shall be covered with soil as soon as possible or protected and kept moistened with wet burlap or peat moss until the trench or tunnel can be filled. e. The ends of damaged and cut roots shall be cut off smoothly and protected by painting promptly with a tree-wound dressing. f. Trenches and tunnels shall be filled as soon as possible. Air spaces in the soil shall be avoided by careful filling and tamping. g. Peat moss or other suitable material shall be added to the fill material as an aid to inducing and developing new root growth. h. The tree shall be mulched and fertilized to conserve moisture, stimulate new root growth, and enhance general tree vigor. 1. If a large amount of the root system has been damaged and killed, the crown leaf surface shall be proportionately reduced to balance the reduced root system. This may be accomplished by pruning 20 to 30 percent of the crown foliage. If roots are cut during the winter, pruning shall be accomplished before the next growing season. If roots are cut during the growing season, pruning shall be done immediately. 12. Removal and Replacement of Damaged Trees: Should a tree intended and marked to be retained be damaged seriously enough that survival and normal growth are not possible, the tree shall be removed. If replacement is desirable and/or required, the replacement tree shall be of the same or similar species, 2-inch to 2~-inch (minimum) caliper balled and burlapped nursery stock. However, today, with the aid of a "tree spade," the same caliper tree may be required as a replacement. Clean-Up: Clean-up after a construction project can be a critical time for tree damage. Trees protected throughout the development operation are often destroyed by carelessness during the final clean-up and landscaping. Fences and barriers shall be removed last, after everything else is cleaned-up and carried away. 14. Maintenance: In spite of precautions, some damage ~o protected trees may occur. In such cases, the following maintenance guidelines should be followed: a. Soil Aeration - If the soil has become compacted over the root zone of any tree, the ground shall be aerated by punching holes with an iron bar. The bar shall be driven I-foot deep and then moved back and forth until the soil is III - 410 . . I . I . I 1992 I j I ~ I I 3.38 loosened. This procedure shall be repeated every 18 inches until all of the compacted soil beneath the crown of the tree has been loosened. b. Repair of Damage 1) Any damage to the crown, trunk, or root system of any tree retained on the site shall be repaired immediately. 2) Whenever major root or bark damage occurs, remove some foliage to reduce the demand for water and nutrients. . 3) Damaged roots shall immediately be cut off cleanly inside the exposed or damaged area. Cut surfaces shall be painted with approved tree paint, and moist peat moss, burlap, or top-soil shall be spread over the exposed area. 4) To treat bark damage, carefully cut away all loosened bark back into the undamaged area, taper the cut at the top and bottom, and provide drainage at the base of the wound (Plate 3.38-8). 5) All tree limbs damaged during construction or removed for any other reason shall be cut off above the collar at the preceding branch junction (Plate 3.38-8). 6) Care for serious injuries shall be prescribed by a forester or a tree specialist. c. Fertilization: Broadleaf trees that have been stressed or damaged shall receive a heavy application of fertilizer to aid their recovery. 1) Trees shall be fertilized in the late fall (after October 1) or the early spring (from the time frost is out of the ground until May 1). Fall applications are preferred, as the nutrients will be made available over a longer period of time. 2) Fertilizer shall be applied to the soil over the feeder roots (see Plate 3.38-9). In no case should it be applied closer than 3 feet to the trunk. The root system of conifers extends some distance beyond the drip line. Increase the area to be fertilized by one fourth the area of the crown. 3) Fertilizer shall be applied using approved fertilization methods and equipment. III - 411 I I I I I I I. I I I I I I I I I I I I 1992 TREE WOUND 3.38 TREATING BARK WOUNDS TRI~ AND TAPER INCORRECT l"rl H ,I \'i 1!lt ' ;llliH! CORRECT PRUNING DAMAGED BRANCHES CORRECT Source: Public Facilities Manual, Vol. III, Fairfax Co., Va., 1976. Plate 3.38-8 4) Formulations and application rates shall conform to the guidelines given in Table 3.38-A. Maintain a ground cover of organic mulch around trees that is adequate to prevent erosion, protect roots, and hold water. III - 412 I 1 I I I 1 I j I ~ I ~ 1 I I I 1992 3.38 TREE FERTILIZATION I I DRIP LINE '" I 'I ... ... ...._-5 -;;.--o~ J... -- - __ ~ -- -c::::> - - ___ __ c;:;>>-- __ .. .,... /" <:>.- ....... c::::> -- ___ ci-- /'~------ = = ~. <:> - <=> ........:::' - .ilL ,4~<::> =-: C>~_ J&c> = <::>? "T") pC> <::>.......C> c> .-.... \. ", c> ~ c> = <::> c> = & /C>/ " c> ....... <:> MIIIl.-. <::> ./ ./ ./ ,__.C> <:> ~c> __-6 ....... <:::> --Q... Q.. -- ./ - -......: -- <:::> - e::,- - ~ <:::> __ ---- ...;:. - - ::::..- - - - ~ - -....\ ~D FE:'" C",CLE SUGHTlY BEYOND THE DRIP LINE OF THE TREE DO NOT FEED AREA ADJACENT TO TRUNK (APPROX. 1/3 OF DIAt.lETER OF TOTAl ROOT AREA) SINCE FEW FEEDER ROOTS ARE IN THIS AREA. ... /' HOLES SHOULD BE APPROXIMATELY Hi DEEP AND 2' APART, AND THEY SHOULD SLANT TOWARD THE TRUNK. Source: Tree Maintenance, Pirone, 1979. Plate 3.38-9 III - 413 I - I I I I I I I I I I I I I I I I I I I Appendix B: Albemarle County Conservation Plan Checklist I I I I~ I: I, I~ I..... l Ii 1\ 11 11 I] County of Albemarle Conservation Plan Checklist - To be placed on Landscape Plans (Handbook, pp 111-284-111-297 for complete specifications) 1. The followin!! items shall be shown on the plan: o Trees to be saved; o Limits of clearing (outside dripline of trees to be saved); o Location and type of protective fencing; o Grade changes requiring tree wells or walls; o Proposed trenching or tunneling beyond the limits of clearing. 2. Markin!!s: o All trees to be saved shall be marked with print or ribbon at a height clearly visible to equipment operators. o No grading shall begin until the tree marking has been inspected and approved by a County Inspector. 3. Pre-Construction Conference: o Tree preservation and protection measures shall be reviewed with the contractor on site. 4. Eauipment Operation and Stora!!e: o Heavy equipment, vehicular traffic and storage of construction materials including soil shall not be pennitted within the driplines of trees to be saved. 5. Soil Erosion and Storm water Detention Devices: o Such devices shall not adversely affect trees to be saved. 6. Fires: o Fires are not pennitted within 100 feet of the dripline of trees to be saved. 7. Toxic Materials: o Toxic materials shall not be stored within 100 feet of the dripline of trees to be saved. 8. Protective Fencin!!: o Trees to be retained within 40 feet of a proposed building or grading activity shall be protected by fencing. o Fencing shall be in place and shall be inspected and approved by a County Inspector prior to grading or construction. 9. Tree Wells: o When the ground level must be raised within the dripline of a tree to be saved, a tree well shall be provided and a construction detail submitted for approval. 10. Tree Walls: o When the ground level must be lowered within the dripIine a tree to be saved, a tree wall shall be provided; and a construction detail submitted for approval. 11. Trenchin!! and Tunnelin!!: o When trenching is required within the limits of clearing, it shall be done as far away from the trunks of trees as possible. Tunneling under a large tree shall be considered as an alternative when it is anticipated that necessary trenching will destroy feeder roots. 12. Cleanup: o Protective fencing shall be the last items removed during the final cleanup. 13. Dama!!ed Trees: o Damaged trees shall be treated immediately by pruning, fertilization or other methods recommended by a tree specialist. NOTE: IT IS THE DEVELOPER'S RESPONSIBILITY TO CONFER WITH THE CONTRACTOR ON TREE CONSERV AnON REQUIREMENTS. OWNER SIGNATURE (DATE) CONTRACT PURCHASER SIGNATURE (DATE) 5/1/06 Page 1 of 1 I I I I I I I I I I I I I I I I I I I Appendix C: Albemarle County Recommended Plants List I I I I I I I +' III I :::::i III +' c: l'lI a:: I " Q) " c: Q) E I E 0 t.l Q) 0::: >. 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Gl ,0:: - COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA 05-05 Farm Worker Housing AGENDA DATE: December 13, 2006 SU BJ ECT IPROPOSALlREQU EST: Public hearing on proposal to amend sections 3, 5, and 10 of the Zoning Ordinance to permit the housing of farm workers in facilities intended only for temporary habitation, ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): Tucker, Foley, Davis, Kamptner, Graham, Benish, McDowell, Clark ATTACHMENTS: Yes REVIEWED BY: ,---------- ! LEGAL REVIEW: Yes BACKGROUND: In April, 2005, the Zoning and Current Development Division of the Department of Community Development issued a determination that, while the housing of farm workers in structures intended for temporary, seasonal use (i,e" not dwelling units as defined in the Zoning Ordinance) has existed for decades in the Rural Areas of the County as a nonconforming use, it is not currently a permitted use in the Rural Areas (RA) zoning district. Since that time, Community Development staff has been working with the agricultural community and other agencies to develop an ordinance that would address this situation by allowing farm worker housing as a use in the Rural Areas (RA) zoning district. A detailed history of this project is contained in Attachment B, the staff report from the Board's public hearing on this item on September 13, 2006, The ordinance considered at that hearing would have allowed any farm worker housing facilities only by special use permit. STRATEGIC PLAN: Goal 4: Effectively Manage the County's Growth and Development. DISCUSSION: At the September 13, 2006 meeting, the Board directed staff to revise the draft ordinance to allow farm worker housing as a by-right use for up to ten persons in up to two dwelling structures and to allow farm worker housing for more than ten persons or more than two dwelling structures by special use permit. The ordinance included as Attachment A includes those changes, The current draft of the ordinance is based on the version considered by the Board on June 7, 2006, which allowed farm worker housing for up to twenty persons by right and required a special use permit for such facilities housing more than twenty persons, The current draft (1) follows the Board's direction from the September 13 meeting, and (2) clarifies that Class B facilities would be processed through a standard special use permit review. RECOMMENDATIONS: Staff recommends the Board of Supervisors adopt the draft ordinance in Attachment A. ATTACHMENTS Attachment A - Current Draft Ordinance Attachment B- Staff Report for September 13, 2006 Public Hearing 06,183 ORDINANCE NO. 06-18(2) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE II, BASIC REGULATIONS, AND ARTICLE III, DISTRICT REGULATIONS, 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 18, Zoning, Article I, General Regulations, Article II, Basic Regulations, and Article III, District Regulations, is hereby amended and reordained as follows: By Amending: Sec, 3,1 Sec, 10,2,1 Sec. 10,2,2 Definitions By right By special use permit By Adding: Sec, 5,1,44 Farm worker housing Chapter 18. Zoning Article I. General Regulations Sec. 3.1 Definitions Farm: The term "farm" means one or more parcels of land, whether such parcels are abutting or not, operated under the same management and whose primary use is agriculture, Farm worker housing, Class A: The term "Farm worker housing, Class A" means: (i) structures located on a farm that are designed and arranged to be occupied exclusively by up to ten (10) persons employed to work on the farm on which the structures are located for seasonal agriculture work or up to ten (10) persons including the farm workers and their immediate families; (ii) the number of such structures designed and arranged for sleeping does not exceed two (2); and (iii) no single structure contains all of the following: provisions for sleeping, eating, food preparation, and sanitation (bathing and/or toilets), Farm worker housing, Class B: The term "Farm worker housing, Class B" means: (i) either structures located on a farm that are designed and arranged to be occupied exclusively by more than ten (10) persons employed to work on the farm on which the structures are located for seasonal agriculture work or more than ten (10) persons including the farm workers and their immediate families, or the number of such structures designed and arranged for sleeping is three (3) or more, regardless of the number of farm workers or their family members who could sleep in such structures; and (ii) no single structure contains all of the following: provisions for sleeping, eating, food preparation, and sanitation (bathing and/or toilets ), Seasonal agriculture work: The term "seasonal agriculture work" means work by a person employed to work on a farm to perform either field work related to planting, cultivating, work related to keeping livestock and/or poultry, or harvesting operations, or work related to canning, packing, ginning, seed conditioning or related agriculture operations, and the work pertains to or is of the kind exclusively performed at certain seasons or periods of the year and which, from its nature, may not be continuous or carried on throughout the year, A person who moves from one seasonal activity to another while employed by the farm to perform agriculture work is engaged in seasonal agriculture work even though he or she may continue to be employed by the farm throughout the year, Article II. Basic Regulations Sec. 5.1.44 Farm worker housing Each farm worker housing facility shall be subject to the following: a, Concept plan to be submitted with application for farm worker housing, Before applying for the first building permit for a farm worker housing, Class A, facility, or in addition to any other information required to be submitted for a farm worker housing, Class B, special use permit, the applicant shall submit a concept plan meeting the requirements of section 5,1.44(b), b, Contents of concept plan. The concept plan shall show the following: (i) the boundary lines of the farm (may be shown on an inset map if necessary); (ii) the location and general layout of the proposed structures at a scale of not more than one (1) inch equals forty (40) feet; (iii) vehicular access, travelways and parking for the facility; (iv) topography (with a contour interval of no greater than ten (10) feet); (v) critical slopes; (vi) streams, stream buffers and floodplains; (vii) source(s) of water for fire suppression; (viii) building setback lines as provided in subsection 5,1.44(g) below; and (ix) outdoor lighting, The concept plan also shall include a written description of each structure's construction and materials used, and the number of persons to be housed in the farm worker housing facility, c, Notice of receipt of concept plan to abutting owners, The zoning administrator shall send notice of the receipt of a concept plan as follows: 1 , Farm worker housing, Class A, facility: For each concept plan received for a farm worker housing, Class A, facility, the zoning administrator shall send notice to the owner of each lot abutting the parcel for which a concept plan has been received within ten (10) days after submittal of the concept plan deemed by the zoning administrator to be complete, The notice shall include a copy of the concept plan and shall advise each recipient of the right to submit written comments within ten (10) days of the date of the notice and the right to request planning commission review as provided in section 5.1.44(d), Notice mailed to the abutting owner shall be mailed to the last known address of the owner, and mailing the notice to the address shown on the current real estate tax assessment records of the county shall be deemed compliance with this requirement. The failure of an abutting owner to receive the notice required by this section shall not affect the validity of an approved concept plan or zoning compliance clearance, 2. Farm worker housing, Class B, facility: For each concept plan received for a farm worker housing, Class B, facility, notice to the owner of each lot abutting the parcel for which a concept plan has been received shall be provided in conjunction with the notice required for the special use permit. d, Request for planning commission review and action on farm worker housing, Class A, facility concept plan. An abutting owner to whom notice for a farm worker housing, Class A, facility concept plan under section 5,1.44(c)(1) and who submitted timely written comments about the concept plan as provided therein may request that the planning commission review and act on the concept plan. The request shall be in writing, state the reasons why the commission should review the concept plan, and be filed with the director of planning within ten (10) days after the date of the notice from the zoning administrator, e, Review and action on concept plan. A concept plan shall be reviewed and acted upon as follows: 1, Farm worker housing, Class A, facility. For a farm worker housing, Class A, facility, the concept plan shall be approved by the zoning administrator or the planning commission, as the case may be, before any building permit is issued for the facility, The concept plan shall be approved by the zoning administrator or the commission if it satisfies all applicable requirements of the zoning ordinance and the design is determined to not be a substantial detriment to abutting parcels. In approving the concept plan, the zoning administrator or the commission may impose reasonable conditions to mitigate impacts on abutting parcels arising from facility, The commission shall give due consideration to the recommendations of the zoning administrator, the director of planning and other officials, In addition, the commission may consider such other evidence as it deems necessary for a proper review of the application. 2 2. Farm worker housing, Class B, facility. For a farm worker housing, Class B, facility, the concept plan shall be reviewed and acted upon in conjunction with the special use permit. f, Farm worker housing facilities; permissible structures, Farm worker housing facilities shall not use motor vehicles or major recreational equipment, as that term is defined in section 4,12,3(b)(1) of this chapter, to provide for sleeping, eating, food preparation, or sanitation (bathing andlor toilets), g, Minimum yards. Notwithstanding any other provision of this chapter, the minimum front yard shall be seventy-five (75) feet. The minimum side and rear yards shall be fifty (50) feet. All yards shall be measured from the farm worker housing structures. h, Zoning compliance clearance, The owner shall obtain a zoning compliance clearance from the zoning administrator as provided in section 31,2,3,2 of this chapter before a farm worker housing facility is occupied, subject to the following additional requirements: 1. The applicant shall apply for a zoning compliance clearance at least thirty (30) days prior to the first expected occupation of the farm worker housing facility, The application shall be submitted to the zoning administrator, 2. The zoning compliance clearance application shall include all of the following information: a, Written approval of the farm worker housing facility as a migrant labor camp under 12 V AC 5-501-10 et seq" the food preparation area, the private water supply, and the septic disposal system by the Virginia Department of Health, b. Approval of the access to the site from a public street by the Virginia Department of Transportation; provided that nothing herein shall be deemed to require that a commercial entrance be constructed unless such an entrance is required by the Virginia Department of Transportation, c, Written approval of the adequacy of the access to the site for emergency vehicles by the fire marshal. d, Written approval of the adequacy of the structures intended for human habitation by the building official. 3, Upon the zoning administrator's determination that all requirements of the zoning ordinance are satisfied, that all conditions of the special use permit authorizing a farm worker housing, Class B, facility, are satisfied, and upon receipt of the approvals and documents required in section 5,1.44(h)(2), the zoning administrator shall issue a zoning compliance clearance for the facility, I. Use of farm worker housing facility by workers and their families only. A farm worker housing facility shall be occupied only by persons employed to work on the farm on which the structures are located for seasonal agriculture work and their immediate families as provided herein, j, Use of farm worker housing facility when not occupied, When not occupied by seasonal farm workers, farm worker housing facilities may be used for any use accessory to a primary agriculture use. Article III. District Regulations Sec. 10.2.1 By right The following uses shall be permitted in any RA district subject to the requirements and limitations of these regulations: 3 23, Farm worker housing, Class A (up to ten occupants and up to two sleeping structures) (reference 5,1.44), Sec. 10.2.2 By special use permit The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31,2.4: (Added 10-9-02) 51. Farm worker housing, Class B (more than ten occupants or more than two sleeping structures) (reference 5,1.44), 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, Virginia, by a vote of six to zero, as recorded below, at a regular meeting held on December 13, 2006, \". '" r' -r~/^' C ((j( {L LL- O:3rd of County Supervisors \ Nay \~j Mr, Boyd Mr, Dorrier Mr, Rooker Mr, Slutzky Ms. Thomas Mr, Wyant Aye y y y y y 1:: 4 . . e COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZMA 2006-12 UV A Foundation Amendment-Art Building Annex ST AFF: REBECCA RAGSDALE S U BJ ECT/PROPOSAL/REQ UEST: Request to Increase total square footage from 535,000 to 565,000 in the Fontaine Research Park AGENDA DATE: December 13, 2006 ACTION: X INFORMATION: STAFF CONTACT(S): Cillmberg, Ragsdale CONSENT AGENDA: ACTION: INFORMATION: LEGAL REVIEW: NO ATTACHMENTS: YES OWNER/APPLICANT PURCHASER: University of Virginia Foundation, University of Virginia Health Services Foundation, and the Rector and Visitors of the University of Virginia BACKGROUND: On November 7, 2006, the Planning Commission held a public hearing on this rezoning request Staff recommended approval of the rezoning and the Commission unanimously recommended approval, provided that proffers approved with ZMi\ 2004-10 for the research park would be updated and that a Certified Engineers Report (CER) be submitted with approval of a final site plan for the proposed building annex, The CER is already a requirement and during the review of this rezoning staff determined when that requirement should be met with the proposed ART annex, DISCUSSION: The applicant has submitted final signed proffers (Attachment A) to replace those previously approved for the property with ZMA 2004-10, The proffers have been revised to reflect the increase in square footage requested with this rezoning application and other minor changes made to help clarify proffer requirements An illustration has been added as an exhibit to the proffers to further detail requirements and improve Zoning administration of the proffers RECOMMENDATIONS: Staff recommends approval of ZMA 2006-12 with the attached proffers ATTACHMENTS: A ZMA 2006-12 Proffers, Fontaine Research Park, dated November 30, 2006 .,rj", r r.; U'.:J . . . Attachment A Z\1\-2()Ot,-(J 12 PRClFFERS FO"'TAINE RESLAI\CH PARK i"(l\L'mhLT :,( I, :2()(J(1 TAX !\\ ;\1' I't-\RCELS 7(,-] 7R 17B( 1 J, ] 71:)( 2 I, I 7E~(,~ J, 17B() J, j 7Bi ()), 1 7B(7). ] 7B( R). 1781>:), cll1(] 17[3(W), )~ .52 Acres. C0I11111ercictl Office (CO) I'ursu~,nll(l Section ~~,~ (lithe :\]bemarL: (ount). Virginiu (uck (the "CUCk"I, und consistel1l wi t1: the' V\' aler Protection Ordinance, ur "Ordinance''' (C Inpterl 7 of the code) the (J'vVl1ers (as defined below), or their dul: authurized agents. herch: \'u!untaril: proffer the conditi()]b listcd below which sha11 be applied w the ahcwe-referencecl parcels, The proffers contained herein amend. restate and supersede all previous profi'erspenaining w the above- referencecl parcels, Any previous proffers applicable lei sLlch parcels have either: i) been iull) smisfied. ii) art' nCI longer applicable. or iii) have been incorporated in their entiret) inw these protfer;,, These conditions are proffered a', pan of the requested zoning (ZIV1A 20(Jo-O 12 i and it is agreed thm: 1) The rezoning itself gives rise' w the need J~)] The conditions: 21 sLlch condiTions have u reasonable relation TO the rezoning requesT: :tncl :; I all such conditions are in conformity with th;:: Albemarle Coumy Comprehensive Plan, The A;)plicant ofl:vlA 2006-012 is the t'niversi:) of Virginia Foundation (the "Applicant'.). successor TO the University of Virginia Real Estate Founcbtion, whicl1 is successor TO lIREF Research Parks. Inc, The ovmers 0 r parcels oflane! wi thin The F ont:tine Research Park include the University of Virginia Foundmion. the liniversit) of Virginia Health Services Foundation. and the ReCTOr and Visitors of the Universit) of Virginia (collectively. the --0 \.vners"I. 1. Proffer number 1 from ZMA 2000-,04 bas been satisiled, ., Development shall substantially adhere to the Fontaine Research Park Master Plan, prepared by Draper Aden Associates. last revised AugUST 1 8.2000 ("IVlasTer Plan"). submitted \vith the proffers for ZfvlA 2000-04, which proiIers were accepted as part of the Board of Supervisors approval of ZMA 2000-04 on September 20, 2000. The Master Plan replaces in its entirety all previous proffered plans. including the Zoning Application Plan. dated May 1992. and prepared by McKee/Carson. The locations of cenain pedestrian ways, greenways and other features haw been indicated on a copy of the MaSTer Plan which is attached here~o as ExhibiT A, ~ .l, Proffer number ~ from ZlvlA 2000-04 has been satisfied Zlncl is 5hov:n in Red on Exhibit A, Tbis path is constructed of asp]laltJi-om hmTall1e ~\ vcnuc TO the point of intersection WiTh the existing concrete pathway in front Building A. This path sha]] be maintained by the C>wners under a common maintenance agreement. umil such time as the common he \ areas are conveyeclto TIle F omaine Research Park Assucicilion (or such other name as may be selectedpursuam 10 the DeclaraLiun of Protective Covenants and Restrictions for FomaineResearch Park. dated .I:'l1luar) 2(1- 199~. and recorded a1 Lhe Clerk. s Office of Lhe Circuit Court o]'the County ofAlhemarlc Virginiu in Deed Book12g6. page 6(4) at which time the path vvil1be maimainecl h) the Assucimion 4, The University of Virginia Fuundation shall construct Cl pedestrian system \vithin the Research Park. in general conformance with the system shown on the Master Plan, Specific feawres fc,r conformity shal1 incluck pedestrian connection from buildings to other buildings and parking areas, T11c pedcstrian system shall be completed prior to the issuance ofa Certificate ofCkcupancy for the Life Sciences Annex (LiSA) referenced as the ART Annex in ZMA 2006-012 and in the location shown in Orange on Exhibit A. ), Total development on the site shall not exceed 565JlOO square feet of gross Door area, Support commercial uses sballn01 exceed 20J)OO square feet of gross Door area 6, No buildings shall exceed four STories in height. The University of Virginia Foundation or the Owners under a common maintenance aureement shall maintain the existino - ~ landscape buffer area in the location shown in Green on Exhibit A to screen the project from Fontaine A venue and residential neighhorhoods adjoining the Fontaine Research Park. 7, STrict architectural and landscape architectural guidelines and reSTrictions shall continue to govem the design and construction of al1 buildings and parcel specific siTe development, Such architectural guidelines and restrictions shall be applied and enforced in accordance with the Declaration of Protective Covenants and Restrictions for the Fontaine Research Park. dated January 20.1993. and recorded at the Clerl(s Office of the Circuit Court of the County of Albemarle. Virginia in Deed Book 1286. page 604. 8, Best Management Practices. as approved by the County Engineer, shall be implemented in all areas of earih disturbing activity, Storm water management shall be accomplished tlu.ough a combination of new storm water management facilities and modification of existing sto11n water and/or erosion control facilities, as modified and as shown on the Master Plan, All required storm water management and BMP structures are existing and complete as required by the Master Plan, The University of Virginia Foundation will not create any land disturbance in the area indicated as Resource Protection A..rea on the Master Plan, except for pedestrian pathways and the sto11n water management facility, (as shown on the Master Plan) without the approval of the Planning Commission, The Resource Protection Area is delineated as all the area \vithin I 00 feet of the boundaries of the I 00 year flood plain elevations. 9, Prior to issuance of a Certificate of Occupancy for the Life Sciences A11l1eX (LiSA) the University of Virginia Foundation shall dedicate a strip ofland one hundred feet (100') in width along the entire property boundary adjacent to Morey Creek to the Southern Railway right-of-way and along the Southem Raih/;'ay right-of-way (as it exists on September 20,2(00), from Morey Creek to the intersection of such right-of-way and I ,., t:SL~:) ~) . . . . . Slrihlin~ !\\enut (the .-lJn:~e1l\u~ -- J. The (Jrl'e1l\\~I~ Lucaliun i:o SllU\\IJ in ViuJet Ull E:\hihil.'\, The (Jreel1\v::J\ \vill he CUJl\nn: in Llli ea:oemcm in such f(lrm Lb tbeBuarcl uf c.;upeni-,m,c. mLI: r~'LJuirL'. Lmet Lh~' \ ni\ LTSI1\ ul \'ir~iniLi !uundLlliun shedl he resJlonsihk 1()!'lhL' cOSI u Li SU]"\L'\ and prcparin!,' tilL' lkt~cl ul L'~ISel1len:, The \ ,ni\ ersil~ Virginia j'uuncLllio\l will re-;L'r\e in such CL1:oClllClli lilt' ri~,2Ill u' pl'dt:slrian clne[ \ ehicular ]1Llssage acw:-;S lhe (rreLI1\\~I~ fm access ll' Llclioining pruperlies ;\ pedestrian connection hom Suiblin!,' ;\ venUL' tu tht' parking ar:~Ll:O skdi he' COllSlrL1ClCd by thl' owner within 1 ~(l days a request h~ the Zunin~ AdminislrLIIllr ll' du SU, Thl localion (lflhL' pedeslrian conneclion shLdllx LIS sh()\vn un L~hihil \ Llnel iclemdied as .-Future l't'clesnian Pathvv'a\ III Future CireL'J1\Vay", This pathwLI~ shall ht' cunstructed 10 biking lrail slanclards LIS defined b~ the VirginiLi (;rt'e11\VLl~ SLlI1cbrcJ~ in pLJct' m the time or c:..:ecLl1ion or' these proffers, 1 () ThiC: UniversiT~ of VirginiLl hluneLttion has ddOplCd. and sball continuL' 10 implement. el Transponmion Demand Jvlanagemem Plan (TDJvlP) for the Research Park. incorpormin:2 traffic reduction ameniTies (such Lh pedestrian access. as depicted on the cl\laster Plem J. facilitcuing employer uaffic reduclion measures and prom01ing educational programs, 11, On or before thL' issuance of a cenificate uf OCCUP~lllCY for the building idemified as the FUlllrt' ART (~\chanced Research and ~I echnologyi Building on the concept plan dated Seplember 3. 211Ci4. and initialed SET LlI1d labeled as ~\nachmem B as pan oflbe staff report for ZIvlA 2004-010. the Uni\ersiT~ Virginia Foundation shall construct m its expense J bus shelter of a design Jnd in ~I locmicm TC> be reasonably determined b~ the l'ni\ersit~ of Virginia Foundation upon consul1ation with University Transit Sen'ice. JAl]};T the liniversity ofVirgini:l HeLilth Services Foundation. and the Albemarle Count) Transportation Planner. The shelter shall be Of:1 standard size and design based upon the projeCTed usage and SiTe' ccmsuainls. shall include a bench \-\ith a back. and shall be maintained by the Chvners uncler Zl common maintenance agreement, Submitted as of the 30th day ofNovembei' ~()(J() by: UNIVERSIT\' OF VIRGINIA FOU1\DA TIOI\ 0\AA ~,~~ UNIVERSITY OF VIRGI~L~ HEALTH SERVICES FOlTNDATION ., "7- / ' By: ,/ / &i 1..L !.... d-:;[l1"ri_j/;/,.v~, tvlarc Dettmann. Chief Executive Oflicer Owner of tax map parcels: 76-] 78. 1 7B( ] ), 17B(3). 17B(5). 17B(6). 17B(7). and 17B(X) OVl'ner of lax map parcel: 76-] 7B(2) THE RECTOR AND VISITORS OF THE CJ\l\'ERSITY OF VIRGINIA . B\': ~.v~._____, Leonard W, Sandridge. Executi,e Vice PresidenT and I'" r' \, ~' I~, " "I L j ., Chief Operating OfCicer . Owner oi laX map parcds: 76-17B(g) and 17B(\;\' i COivHvlON\VL'\LTl-l OF VIRCIIJ\IA ..e-rFT7COU!\T\' OF AUX'TVi/,iI H . to \vll: The foregoing ir1Slrumenl was acknO\vkdged hefore me thisJjjil da~ of November 2006 by 1';1:11R, Rose. Secretary ofthe Ulliversi~) orVirgini~1 Foundation, My Commission expires: 5 j j/, ,2 C JO PaU(~L' , J, ?-/}J aJ:1 l\Jotan Public j COMMONWEALTH OF VIRGINIA ~COUNTY OF j/klfk1r.l~ . to WIt: The foregoing instrument \vas acknowledged before me this ~~ay of November 2006 by Marc Denmmm. ChiefExecurive Officer oithe UniversiTY of Virginia Health Services Foundmion, My Conullission expires: ,11 ~ :5 (, ,;; 0.0" )j~~ Notary Public . COMl\101\JWEAL TH OF VIRGINIA CITY/COUNTY OF AI~PrY"Ie.. . to WiT: The foregoing instrument was ack,nowledged before me this.3:)~ay of November 2006 by Leonard W. Sandridge, Executive Vice President and Chief Operating Officer of the Rector and Visitors of the University of Virginia, My Commission expires: I ;;).(31 JOlt> / I j~LQL Notary Public . 4 GD S LJ . . . ~p .> "i ~m :J )( :J -. III ~ -. "0 -1:J.., .., cc 0 ~n::s: CII 0 CD "T1:J'" O:J! c: CD :J !l c. -. III 0 _:J O' 2. r III ::J "c. ... UI o n ~Ill lD" ... lD ~tIl CIlc: ;: ... i-- ~~ n ~~O~ = = q ~ V\ O~ = ~~ ; ll" 4VP 90- 4 = 8 """a i~11 ~ ~e > \I.} 0 l:I: - j- f 0) =-~ ~~ I lid .f~ ~= (")l~ ftl= a. ; =- -. s= ~>~ . l!I!j~ ~..... !~II! f a... :LfI)~ .,,, I ..r.t.l o&t:l -_. >~> ~ :; ;- _. ftl= >" 9 ~~"ll ~~ ,. ftl cg- ~a == = 2.::z ~> ~n~ . III- ri ~ ...CI' so = <" ~~ .,< ...~ =~ -., <g,_.~ 113. ~ II S. JOYJ _. ., ~ ia .~ Q, N_ ii Ct. 5. C' !.= I~ i g:g -.0...., I=ftl .=,.,.. m >< V\J ~ 0 C" l./) ;::;: > ~ . . e ':.-- ( COUNTY OF ALBEMARLE Department of Community DevelopmelI1lt 401 Mdntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 November 27,2006 Todd Marshall UV A Foundation P,O, Box 400218 Charlottesville, VA 22904-4218 RE: ZMA-2006-012 UV A Foundation - Advanced ]Research & 'fecltmology Building AlI1lnex (Signs #35, 36, 40) Tax Map 76 Parcels 17B, 17B6 Dear Mr. Marshall: The Albemarle County Planning Commission, at its meeting on November 7, 2006, unanimously recommended approval of ZMA-2006-0 12, UV A Foundation-Advanced Research & Technology Building Annex to the Board of Supervisors, subject to staffs recommended changes to the proffers and the requirement that a Certified Engineer's Report is submitted with approval of a final site plan for the proposed building annex. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on December 13, 2006. 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, i0ut!~ 16:~rbLr Rebecca A, Ragsdale Senior Planner Planning Division RAR/aer cc: Ella Carey Jack Kelsey Amelia McCulley Steve Allshouse . . e COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: ZMA 06- 12 UVA Foundation Staff: Rebecca Ragsdale Amendment for ART Building Annex Planning Commission Public Hearing: Board of Supervisors Public Hearing: November 7,2006 December 13, 2006 Owners: University of Virginia Foundation Applicant: University of Virginia Foundation Acreage: 5.9 acres Rezone from: CO with proffer to CO with amended proffers, TMP: 76-17B By-right use: Office/Research Park Zoned CO Location: Fontaine Research Park on Ray C. and approved for up to 535,000 square feet Hunt Drive on Fontaine Avenue Ext, Magisterial District: Samuel Miller Proffers: Yes Proposal: Amend proffers to allow additional Total Requested Square Footage: 565,000 building space of 30,000 square feet. DA (Development Area): Neighborhood 6 Compo Plan Designation: Office Service Character of Property: Research Park and Use of Surrounding Properties: Research park open space and open space immediately; residential to the east of park, Factors Favorable: Factors Unfavorable: 1 The building expansion can be Staff has not identified factors unfavorable to this accommodated by the existing site plan, req uest without adverse impacts to the physical environment, other activities on the site, or nearby properties and neighborhoods, 2, The research park is located within the urban area, close to the City, and concentrating office and research activities in this location places jobs close to areas of dense population, RECOMMENDATION: Staff recommends approval of ZMA 2004-010, provided that proffers are revised based on staff recommendations and that a Certified Engineers Report is submitted with approval of a final site plan for the proposed building annex, STAFF PERSON: PLANNING COMMISSION DATE: BOARD OF SUPERVISORS DATE: Rebecca Ragsdale November 7, 2006 December 13, 2006 . ZMA 200 UVA RESEARCH PARK AMENDMENT PETITION: PROJECT: ZMA 2006-12 UVA Foundation-Advanced Research & Technology Building Annex PROPOSAL: Rezoning on CO-Commercial Office (offices, supporting commercial and service uses; and residential use by special use permit at 15 units/ acre) zoned property to allow an additional 30,000 square feet for a building square footage total of 565,000, PROFFERS: Yes EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Office Service - office uses, regional scale research, limited production and marketing activities, supporting commercial, lodging and conference facilities, and residential (6,01-34 units/acre) in the Development Area, ENTRANCE CORRIDOR: Yes LOCATION: Ray C, Hunt Drive in the Fontaine Research Park, located on Fontaine Avenue, adjacent to the northeast of the Rt.29/250 Bypass in Neighborhood 6 of the Development Area, TAX MAP/PARCEL: TMP 76-17B, 17B6 MAGISTERIAL DISTRICT: Samuel Miller CHARACTER OF THE AREA: Fontaine Research Park has seven existing buildings, primarily involved with medical services or health-related research, with the exception of AIMR and the front building which houses the University's development office. Beyond the park boundaries but accessed via Ray C. Hunt Drive are the Forestry Building and associated warehouse, Nearby are the Nob Hill subdivision, Buckingham Circle neighborhood, Piedmont housing area (UVa) within the County and the Fry's Spring and Jefferson Park Avenue neighborhoods within the City. . SPECIFICS OF THE PROPOSAL: The applicant is seeking to amend an existing proffer approved with ZMA 2004-10, to allow additional square footage within the University of Virginia's Fontaine Research Park for research and laboratory space. Attachments B-E explain the applicants request and provide a tally of square footage within the research park as well as exhibits showing the Advanced Research and Technology (ART) building. An existing proffer limits total buildings in the park to 535,000 square feet. (Attachment E) If approved, this proffer amendment would add 30,000 square feet, increasing total park capacity to 565,000 square feet. The proposed expansion will add additional research space for the approved ART facility and will be located in basement annex underneath an approved parking area. Because research equipment typically occupies a larger spatial area than standard office furnishings, a larger research building may generate the same number of people (and cars) as a smaller office building, Zoning has determined that parking should be adequate and specifics will be addressed with the site development plan, ZMA 2006-12 Fontaine Research Park Amendment Planning Commission 11/7/06 2 . . . . APPLICANT'S JUSTIFICATION FOR REQUEST: The proposed expansion is to add a basement annex to an existing approved building in the park called the Advance Research and Technology (ART) building for additional research space and will have limited traffic impacts, (Attachment B) PLANNING & ZONING HISTORY: In June 1992 the property in question was rezoned (ZMA 92-03) from PD-SC and R-10 to CO Commercial Office with proffers and a proffered plan of development. A special use permit (SP 92-13) for supporting commercial uses, research and development activities, including experimental testing was also approved with a condition that a Certified Engineers Report be provided to ensure compliance with the provisions of Section 4,14 of the Zoning Ordinance, Medical and pharmaceutical laboratories was also approved in 1992 with the rezoning, Since then, the site has been subdivided to provide individual parcels for each of the institutional uses referenced above, In September 2000 amendments to the original ZMA and SP were approved, allowing an additional 1 06,000 square feet and bringing total research park square footage to 495,000. In October 2004, a rezoning was approved (ZMA 2004-10) that allowed an additional 40,000 square feet of for a current maximum of 535,000 square feet of building area, COMPREHENSIVE PLAN: Land Use Plan The park is recommended for Office Service in Neighborhood Six of the Comprehensive Plan, Land Use Plan, Recommended Office Service uses include the following: · Office parks and mixed-use planned developments emphasizing office uses and regional scale research and office uses providing information and professional services to the County and the larger region, Limited production activities and marketing of products may be included. · High density residential, commercial, and motel/hotel/conference facilities may be included as a secondary use, · Office Service designation requires a large site size (20+ acres), arterial road accessibility, water and sewer availability, and compatibility with adjacent land uses, The applicant's proposal is also consistent with the preliminary findings and recommendations of the Southern Urban Area B Study (accepted by the PACC but not yet adopted by the County), which identifies Fontaine Research Park as an existing Neighborhood Center and acknowledges and supports the potential for additional development within the park, both employment related and supporting commercial. Similarly, the applicant's proposal does not conflict with any of the connector road alternatives between Fontaine Avenue and Sunset Avenue Extended identified and evaluated by the study, The 1988 JPA/Fontaine Area B Study, predecessor to the current study, stated that these [Research Park] parcels should be considered for rezoning, after completion of feasibility studies by the University, ZMA 2006-12 Fontaine Research Park Amendment Planning Commission 11/7/06 3 The Neiahborhood Model The Neighborhood Model, an adopted part of the Comprehensive Plan, Land Use Plan, sets forth twelve principles for evaluating development proposals within the Development Area, Neighborhood Model principles are not strongly reflected in this research park, which pre-dated the County's current policy and embodies a more suburban approach to development. Those which are reflected to some degree in this proposal and/or in the park are: Pedestrian Orientation Although the organization and dimensions of the research park do not make it an easy pedestrian environment, there is a sidewalk network linking buildings within the park, and linking the park network to Fontaine Avenue which has a pedestrian facility. Neighborhood Friendly Landscaping and streetscaping make many of the internal streets Streets and Paths attractive for pedestrians, Interconnected Streets The applicant has an existing proffer to construct a bus shelter for and Transportation transit riders to improve waiting conditions, Currently, the site is Networks served by JAUNT and a hospital van shuttle. The recommended bus shelter would serve the CTS route when it commences, Mixture of Uses The proposed site and adjacent parcels are characterized by a limited mixture of uses including office, laboratory, clinical/medical and institutional/educational. Residential uses are located nearby, Neighborhood Centers The park serves as an employment-oriented neighborhood center, and has the potential to become a better center with the addition of supporting commercial uses, It is an important regional employment center. Site Planning that Development in the park has been oriented away from sensitive Respects Terrain environmental features Parks and Open Space The design of the research park includes a central green element and preservation of natural areas on the edges of the site, The applicant previously proffered to dedicate land along Morey Creek for a greenway, Mixture of Housing No residential uses are proposed in the research park but a variety of Types and Affordability residential uses are located nearby, Redevelopment This proposal will add building square footage underneath a proposed parking lot. It is not redevelopment, but is expanding within the same developable area determined with the master plan for the park, -- ZMA 2006-12 Fontaine Research Park Amendment Planning Commission 11/7/06 . . 4 . . STAFF COMMENT: Relationship between the application and the purpose and intent of the requested zoning district The applicant is requesting an amendment to the existing proffers to allow additional office use in a CO Commercial Office district. The purpose and intent of the CO district is to permit development of administrative, business and professional office and supporting accessory uses and facilities, The district is intended as a transition between residential districts and other more intensive commercial and industrial districts, The proposal meets the intent of the CO Zoning District. . Anticipated impact on public facilities and services Roads- No adverse impact to roads is anticipated with the addition of 30,000 square feet to the Fontaine Research Park as it is anticipated that the research and laboratory uses will have lower occupancies, Water and Sewer- Adequate water and sewer are available to serve the site, The Albemarle County Service Authority (ACSA) commented on the site plan (SOP 2005-00121) for the ART building and referenced those comments, A site plan amendment will be needed for the proposed basement annex and the ACSA will also review those plans, (Attachment G) Stormwater Management- Since this facility will be primarily underground and located beneath the previously approved parking area, there are no other significant issues (ex, stormwater management, grading, critical slope impacts, etc,), Schools- There will be no impacts to schools, Fiscal Impact- A fiscal impact analysis was not requested since the additional square footage does not significantly change employment numbers, but is more to accommodate spatial needs of the ART building, Anticipated impact on cultural and historic resources No impact is expected on cultural or historic resources, Anticipated impact on nearby and surrounding properties There may be some waste products generated by the research lab and vivarium, It is the intent of the University Foundation that this facility will be occupied by the University of Virginia and operated by the University Occupational Health and Safety and the Facilities Management departments. The County Engineer has recommended that prior to the approval of a final site plan, the applicant shall submit a letter and supporting documentation addressing the performance standards of Code 18-4,14, to the satisfaction of the county engineer, This shall include the University Occupational Health and Safety and the Facilities Management department standard procedures and related documentation for the storage and disposal of chemicals and waste products associated with the operation and maintenance of this facility, . Public need and justification for the change The University's medical research program would benefit from the building expansion, ultimately benefiting the general public as well as other University affiliates. ZMA 2006-12 Fontaine Research Park Amendment 5 Planning Commission 11/7/06 PROFFERS: The existing proffers for the research park, which were updated with ZMA 2004-10 are attached, (Attachment F) The applicant intends to amend Proffer 5 to increase the total development on the site to 565,000 square feet of floor area, Staff has also recommended that Proffers # 3 and Proffer #4 of ZMA -2004-10 be revised to make the approval of the site plan for this addition to the ART Building subject to the greenway dedication and completion of the pedestrian system in the research park, The applicant has not yet submitted revised proffers, which would replace the previously approved proffers, for review but intends to do so in time for the Board of Supervisors meeting in December and agrees with the staff recommended revisions, . SUMMARY: Staff has identified the following factors favorable to this rezoning request: The building expansion can be accommodated by the existing site plan, without adverse impacts to the physical environment, other activities on the site, or nearby properties and neighborhoods, 2. The research park is located within the urban area, close to the City, and concentrating office and research activities in this location places jobs close to areas of dense population, Staff has not identified factors unfavorable to this request. RECOMMENDATION: Staff recommends approval of ZMA 2004-010, provided that proffers are revised based on staff . recommendations and that a Certified Engineers Report is submitted with approval of a final site plan for the proposed building annex, ATTACHMENTS: A - Vicinity Map B - Applicants Justification and Gross Square Footage summary letter to Elaine Echols dated July 27, 2006 C - UVA Fontaine Research Park ART Building exhibit D - UVA-ART Life Sciences Annex-Basement Level Plan for annex E - UVA ART Annex Schematic Design F - Existing Proffers approved with ZMA 2004-10 for the UVA Fontaine Research Park G - Albemarle County Service Authority from Gary Whelan to David Pennock dated November 29, 2005 ZMA 2006-12 Fontaine Research Park Amendment Planning Commission 11/7/06 6 . Albemarle County GIS-Web . . . o Tax Map Grid - Overview Roads o Road Bridges - Road Centerlines - Roads . Buildings - Driveways - Elevation Contours (10 ft) o Parcels lakes and Reservoirs Ponds Major Streams Other Streams Attachment A Geographic Data Services Room 227 401 Mcintire Road Charlottesville, VA 22902 All data is provided for graphic representation only. The County of Albemarle expressly disclaims all warranties of any type, expressed or implied, Including, but not limited to, any warranty as to the accuracy of the data, merchantability, or fitness for a particular purpose. Aerial Imagery @2002 Commonwealth of Virginia - Maps are for internal use only. 1 Attachment B ~ --........-- 1111111 --- UNIVERSITY rfVIRGINIA FOUNDATION . July 27, 2006 Ms, Elaine Echols Albemarle County Office Building 401 Mcl ntire Road Charlottesville, VA 22902 RE: UVA Fontaine Research Park Request for Zoning Map Amendment Dear Ms, Echols: This letter serves to request a Zoning Amendment for additional developable square footage in the UVA Fontaine Research Park, This request is due to a necessary addition to the Advanced Research and Technology (ART) Building, a state-of-the-art research facility which will house internationally known scientists. This rezoning will enable the ART building to house additional research space which is critical to the operation of the facility and which will be beneficial to the University as a . whole. You may recall a prior rezoning also requested additional square footage which was approved by the County in October of 2004, This amendment was to allow for the requested growth of one building site to accommodate the ART building, You may also recall that the building footprint changed moderately; however, the general area was consistent with the prior Fontaine Master Plan documents. Interestingly, the addition will be almost entirely underground (under the existing parking lot) and therefore, will not add any additional impervious surface and will not be visible with the exception of a small mechanical structure which is shown on the attached drawings. The addition will essentially expand the basement floor of the ART Building, The addition will house a maximum of 20-25 persons at any given time and is not expected to impact the shared parking arrangement currently in place, We will work with UVA and the County to arrive at an agreeable shared parking arrangement if any modifications or clarifications are seen as necessary, This issue was discussed with John Shepherd and others at the pre-application conference held in May, Mr, Shepherd has worked with us in the past and was supportive of this adjustment pending his review of a parking plan, The low census in the additional building is not seen as materially impacting the vehicle trips per day currently entering and leaving the Park, . PO, Box 400218 Charlottesville, VA, 22904-4218 Phone: 434-982-4848 . Fro.:: 434-982-4852 \W{\\', UVA Foundation,com 6 Attachment B . ~ ...........-- 1111111 -~- UNIVERSITY if VIRGINIA FOUNDATION The spreadsheet below shows the current Fontaine Research Park square footage tally. The information came from site plans and has been generally verified by Albemarle County, You will note this spreadsheet specifically requests an additional 27,500 gross square feet. This requested number was based on the tally as indicated and may change if the County has different information of which we are not aware, If this is the case, obviously we will amend this request as soon as we have been told of any discrepancy by the County. We assume this will not delay the rezoning request or impact the review schedule. Gross Square Footage (GSF) Summary Approved Site Plans . CFA Institute Parcel A Parcel C Parcel 0 Parcel F Aurbach Research Center Clinical Office Building (COB) ART Building Total Built GSF Total Current Zoning Approval Current GSF Available Balance 72,500 60,000 45,500 62,500 60,000 71,025 68,784 85,110 525,419 535,000 9,581 Advanced Research and Technology Building Annex Available Balance Total Base Additional GSF Needed 32,500 (9,581 ) 22,919 Total Additional Square Footage Requested (rounded with buffer) 30,000 Thank you for your assistance on this project and as always, feel free to call with questions or comments, I will be out of town until August 14th. If you need to contact the Foundation prior to that time, please request to speak with Todd Marshall, Project Manager, . P.O. Box 400218 Charlotte,ville, V/>" 22904-4218 Phone: 434-982-4848 . 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I H~ ~~~:i f~ li 1l5!!~:if!ii:fl=- ;g loi ~~,~hjllau:l! _ ~"'1l '811$'" ~ a~ ill ;:;-f;ll. ,,; w c ,2 U Q) (/) o Attachment E !~ $ It 110 t ,:?E ~ I'" HiH ~Jh:ll hlH . o N l'L Attachmenlt F ZMA-2004-010 PROFFERS FONT AlNE RESEARCH PARK October 13, 2004 TAX MAE PARCELS 76-17B, 17B(l), 17B(2), 17B(3), 17B(5), 17B(6), 17B(7), 17B(8), , 17B(X), and 17B(W). 53.52 Acres, Zoned Commercial Office (CO) Pursuant to Section 33.3 of the Albemarle County, Virginia Code (the "Code"), and consistent with the Water Protection Ordinance, or "Ordinance" (Chapter 17 of the Code) the Owners (as defined below), or their duly authorized agents, hereby voluntarily proffer the conditions listed below which shall be applied to the property. The proffers contained herein supersede all previous proffers pertaining to the above-referenced parcels. Any previous proffers applicable to such parcels have either: i) been fully satisfied, ii) are no longer applicable, or iii) have been incorporated in their entirety into these proffers. These conditions are proffered as part of the requested zoning (ZMA 2004-010) and it is agreed that: 1) the rezoning itself gives rise to the need for the conditions; and 2) such conditions have a reasonable relation to the rezoning request. . The Applicant of ZMA 2004-010 is the University of Virginia Foundation (the "Applicant"), successor to the University of Virginia Real Estate Foundation, which is successor to l3REF Research Parks, Inc. The owners of parcels of land within the Fontaine Research Park include the University of Virginia Foundation, the University of Virginia Health Services Foundation, and the Rector and Visitors of the University of Virginia (collectively, the "Owners") , 1. Proffer number 1 from ZMA 2000-04 has been satisfied. 2. Development shall substantially adhere to the Fontaine Research Park Master Plan, prepared by Draper Aden Associates, last revised August 18,2000 ("Master Plan"), submitted with the proffers for ZMA 2000-04, which proffers were accepted as part of the Board of Supervisors approval of ZMA 2000-04 on September 20,2000, The Master Plan replaces in its entirety all previous proffered plans, including the Zoning Application Plan, dated May 1992, and prepared by McKee/Carson. 3. Proffer number 3 from ZMA 2000-04 has been satisfied. The pedestrian path that was constructed pursuant to proffer number 3 from ZMA 2000-04 is located within the common areas of the Research Park and will be maintained by the Owners under a common maintenance agreement, until such time as the common areas are conveyed to The Fontaine Research Park Association (or such other name as may be selected pursuant to the Declaration of Protective Covenants and Restrictions for Fontaine Research Park, dated January 20, 1993, . -1- 1'3 f and recorded at the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia in Deed Book 1286, page 604) at which time the path will be maintained by the Association. . 4. The University of Virginia Foundation will construct a pedestrian system within the Research Park, in general conformance with the system shown on the Master Plan. Specific features for conformity shall include pedestrian connection from buildings to other buildings and parking areas, 5. The Unoiversity of Virginia Foundation will limit total development on the site to 535,000 square feet of floor area. Support commercial uses shall be limited in building area to 20,000 square feet of gross floor area, 6. All buildings will be limited to four stories in height. The University of Virginia Foundation will maintain the existing landscape buffer area to screen the project from Fontaine A venue and residential neighborhoods adjoining the Fontaine Research Park. 7. Strict architectural and landscape architectural guidelines and restrictions shall continue to govern the design and construction of all buildings and parcel specific site development. Such architectural guidelines and restrictions shall be applied and enforced in accordance with the Declaration of Protective Covenants and Restrictions for the Fontaine Research Park, dated January 20, 1993, and recorded at the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia in Deed Book 1286, page 604. 8. Best Management Practices will be implemented in all areas of earth disturbing activity. . Storm water management shall be accomplished through a combination of new storm water management facilities and modification of existing storm water and/or erosion control facilities, as modified and as shown on the Master Plan. All required stormwater management and BMP structures are existing and complete as required by the Master Plan. The University of Virginia Foundation will not create any land disturbance in the area indicated as Resource Protection Area on the Master Plan, except for pedestrian pathways and the storm water management facility, (as shown on the Master Plan) without the approval of the Planning Commission. The Resource Protection Area is intended to be delineated as all the area within 100 feet of the boundaries of the 100 year flood plain elevations. 9. At such time as the Board of Supervisors approves of a plan of development for a pedestrianlbicycle and greenway improvements for the Morey Creek/Stribling A venue area, the University of Virginia Foundation shall dedicate a strip of land, at least one hundred feet (100') in width along Morey Creek up to the Southern Railway right-of-way (as it exists on September 20, 2000), then north, along the Southern Railway right-of -way to the intersection of such right-of-way and Stribling Avenue (the "Greenway"). The Greenway will be conveyed in fee simple or in the form of an easement, as the Board of Supervisors' approval may require, and the University of Virginia Foundation shall be responsible for the cost of a survey and preparing the deed or deed of easement, as applicable. The University of Virginia Foundation may reserve in such dedication necessary access across the Greenway to the Southern Railway right-of-way in the event that such right-of-way is ever used for commuter rail service. The Greenway may be established at any time as detetmined by the Board of . -2- 11 . . . f Supervisors. A pedestrian connection to the Greenway shall be made at such time as improvements arc made to establish the pedestrian and bicycle paths as part of the Greenway, and improvements are made to Stribling A venue to include paving and street lights. 10. The University of Virginia Foundation has adopted, and shall continue to implement, a Transportation Demand Management Plan (TDMP) for the Research Park, incorporating traffic reduction amenities (such as pedestrian access, as depicted on the Master Plan), facilitqting employer traffic reduction measures and promoting educational programs. The TD.MP shall offer employee surveys to be conducted by, or with the guidance of, the Thomas Jefferson District Commission, or a similar organization. Surveys will be available to develop specific programs for employers within the Research Park tailored to commuter needs. The TD.MP shall stress increased awareness of available altemative transportation means in and around the University community, including van service between the medical campuses, University and City transit systems, employee benefits, and parking shuttle service. The TD.MP will establish or promote means for reducing single occupancy vehicle use, including but not limited to providing educational programs on ridesharing, striping high occupancy vehicle parking spaces and installing bicycle racks near buildings. The TD.MP shall be available to existing and future employers and employees at the Research Park via appropriate and effective means. 11. On or before the issuance of a certificate of occupancy for the building identified as the Future ART (Advanced Research and Technology) Building on the concept plan dated September 3, 2004, and initialed SET and labeled as Attachment B as part of the staff report for ZMA 2004-010, the University of Virginia Foundation shall construct at its expense a bus shelter of a design and in a location to be reasonably determined by the University of Virginia Foundation upon consultation with University Transit Service, JAUNT, the University of Virginia Health Services Foundation, and the Albemarle County Transportation Planner. The shelter shall be of a standard size and design based upon the projected usage and site constraints, shall include a bench with a back, and shall be maintained by the Owners under a common maintenance agreement. Submitted as of the / :z.t;ay of October, 2004 by: UNIVERSITY OF VIRGINIA FOUNDA TION By:~ 72.~~ Tim R. Rose, Secretary UNIVERSITY OF VIRGINIA HEALTH SERVICES FOUNDATION By: Marc Dettmann, Chief Executi ve Officer Owner of tax map parcels: 76-17B, 17B(l), 17B(3), 17B(5), 17B(6), 17B(7), and 17B(X) Owner of tax map parcel: 76-17B(2) -3- 1<) F THE RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA e By: Leonard W. Sandridge, Executive Vice President and Chief Operating Officer Owner of tax map parcels: 76-17B(8) and 17B(W) , COMMONWEALTH OF VIRGINIA CITY/COUNTY OF IHhelYlC/r'/e..., to wit: The foregoing instrument was acknowledged before me this 1'2 day of October 2004 by Tim R. Rose, Secretary of the University of Virginia Foundation. My Commission expires: ;Z{a..(f 3 ~ ;LtJo 7 ~(lcuJi( Notary Public COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to wit: . The foregoing instrument was acknowledged before me this _ day of October 2004 by Marc Dettmann, Chief Executive Officer of the University of Virginia Health Services Foundation. My Commission expires: Notary Public COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to wit: The foregoing instrument was acknowledged before me this _ day of October 2004 by Leonard w. Sandridge, Executive Vice President and Chief Operating Officer of the Rector and Visitors of the University of Virginia. My Commission expires: \\REA\2296 19,6 Notary Public . -4- /& - e . . Attachment G TO: David Pennock, Planner FROM: Gary Whelan, Civil Engineer DATE: November 29, 2005 RE: Site Plan Technical Review for: U.Va.-Art Minor Site Plan Amendment (TM 76, Parcel 17B) The below checked items apply to this site. SDP-2005-00121 x 1. This site plan is within the Authority's jurisdictional area for: A. Water and sewer B. Water only C. Water only to existing structure D. Limited service 2. An 8 inch water line is located onsite. 3. Fire flow from nearest public hydrant, located 170' distant from this site plan, is 2783 gpm ~ at 20 psi residual. 4. An 8 inch sewer line is located onsite. 5. An Industrial Waste Ordinance survey form must be completed. 6. No improvements within existing and and approved. No plans are required. Final water and sewer plans are required for our review and approval prior to granting tentative approval. Final site plan may/may not be signed. RWSA approval for water and/or sewer connections. x x X X X or obstructions shall be placed or future easements. plans are currently under review. plans have been received and 7. 8. X 9. 10. 1I. 12. Comments: Backflow prevention required. Abandon existing sewer line. The site plan does not show or incorrectly shows: meter locations waterline locations sewer line locations easements waterline size sewer line size expected wastewater flows expected water demands 11 . . . Albemarle County Planning Commission November 7,2006 The Albemarle County Planning Commission held a work session on Tuesday, November 7, 2006, at 6:00 p.m., at the County Office Building Auditorium, Second Floor, 401 Mcintire Road, Charlottesville, Virginia. Members attending were Eric Strucko, Calvin Morris, Vice-Chairman; Jon Cannon, Marcia Joseph, Chairman and Bill Edgerton. Absent were Duane Zobrist and Pete Craddock. Julia Monteith, Senior Land Use Planner for the University of Virginia, representative for David J. Neuman, FAIA, Architect for University of Virginia was absent. Other officials present were Wayne Cilimberg, Planning Director; David Benish, Chief of Planning; Rebecca Ragsdale, Senior Planner and Greg Kamptner, Deputy County Attorney. Call to Order and Establish Quorum: Ms. Joseph called the regular meeting to order at 4: 11 p.m. and established a quorum. ZMA 2006-012 UVA Foundation-Advanced Research & Technology Building Annex (Signs 35.36,40): PROPOSAL: Rezoning on CO-Commercial Office (offices, supporting commercial and service uses; and residential use by special use permit at 15 units/ acre) zoned property to allow an additional 30,000 square feet for a building square footage total of 565,000. PROFFERS: Yes. EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Office Service - office uses, regional scale research, limited production and marketing activities, supporting commercial, lodging and conference facilities, and residential (6.01-34 units/acre) in the Development Area. ENTRANCE CORRIDOR: Yes. LOCATION: Ray C. Hunt Drive in the Fontaine Research Park, located on Fontaine Avenue, adjacent to the northeast of the Rt.29/250 Bypass in Neighborhood 6 of the Development Area. TAX MAP/PARCEL: TMP 76-17B, 17B6. MAGISTERIAL DISTRICT: Samuel Miller. STAFF: Rebecca Ragsdale Ms. Ragsdale summarized the staff report and gave a power point presentation. . This request by the University Foundation is to increase the approved square footage in the Fontaine Research Park. The site is zoned Commercial Office. It was first zoned in 1992, but along with that came a set of proffers and a plan that limit the square footage on the site. With each space needs increase it has been incrementally increasing since 1992. The Fontaine Research Park is still designated as Office Service in the Comprehensive Plan. Within the Research Park it is the last building that is under construction, which is referred to as the ART Annex. ALBEMARLE COUNTY PLANNING COMMISSION - NOVEMBER 7, 2006 DRAFT MINUTES - PARTIAL ZMA-2006-12 UVA FOUNDATION . The ART building itself has been approved with a site plan. The applicant is requesting the annex, which would be underneath parking. The proposal is to increase the total square footage approved in the research park from 535,000 to 565,000 square feet. Staff provided the Commission with the illustrations that the applicant provided, The proposal is to add the annex underneath the parking as shown on the previous plan. . . Staff evaluated the request with each of these increases, There was one in 2004, which increased from 495,000 up to the 535,000 square feet that is approved. The Foundation has seen with this particular user that they need more lab space. So this particular request did not bring with it any impacts that staff was concerned about in terms of traffic or impacts on the site. It is within the developable area that was approved with the original ART Annex Building. . Therefore, staff recommends approval based on that with the two conditions. The revised proffer statement has not been submitted, which will reflect the square footage increase, and also to update some of the other proffers as recommended by zoning. Then there is the requirement that was recommended by the County Engineer that calls out the requirement for the Certified Engineer's Report to describe the uses that go in to the building to make sure that there are no negative impacts from that. When the property was rezoned for Commercial Office carried with it special use permits for the lab facilities research and development. As a condition of that special use permit the Certified Engineer's Report is required. Staff is recommending that it is something that happens at the final site plan stage for the building. . Ms. Joseph opened the public hearing and invited the applicant to address the Commission. Fred Missel, Director of Design and Development for the Foundation, said that this request does extend the opportunity to do state of the art research at the Fontaine Research Park. He thanked staff for the clear presentation. It does not change any of the uses that are in existence in the Fontaine Research Park currently. The facilities are rather unique in that it is 100 percent underground with the exception of one area that is used for ventilation that is adjacent to the existing building. The additional parking that is required by this is minimal. They feel that they can work that out very clearly with the Zoning Department. He has had conversations with John Shepherd regarding that. In addition, the traffic generation will obviously be minimal as well. Others present this evening were Tim Rose, the CEO of the Foundation and Tom Marshall, Project Manager. If there were any questions, he would be happy to answer them. Mr. Edgerton asked if they were comfortable with staff's recommendations about the proffers. Mr. Missel replied yes, they are comfortable with staff's recommendations. . ALBEMARLE COUNTY PLANNING COMMISSION - NOVEMBER 7,2006 DRAFT MINUTES - PARTIAL ZMA-2006-12 UVA FOUNDATION 2 . . . Ms. Joseph asked if they are ever going to amend this to add some more commercial space so that they can actually have people working in this space that don't have to leave. Mr. Missel replied that they have actually looked at including commercial space in the buildings as they stand now. Honestly, the space for research is so valuable and so limited that it has been found that research has to trump that in this case. As they go forward with the growth of the park there is a good chance that is something that might be needed and will be included in the future plans. Ms. Joseph invited public comment. There being none, she closed the public hearing to bring the matter before the Commission for discussion and a possible action. Motion: Mr. Cannon moved, Mr. Strucko seconded, to approve ZMA-2006-012, UVA Foundation-Advanced Research & Technology Building Annex, subject to staff's recommended changes to the proffers and that a Certified Engineer's Report is submitted with approval of a final site plan for the proposed building annex. The motion passed by a vote of 5:0. (Commissioners Zobrist and Craddock were absent. ) Ms. Joseph stated that ZMA-2006-012, UV A Foundation-Advanced Research & Technology Building Annex will go to the Board of Supervisor on December 13 with a recommendation for approval. (Recorded and transcribed by Sharon Taylor, Recording Secretary) ALBEMARLE COUNTY PLANNING COMMISSION - NOVEMBER 7 2006 , DRAFT MINUTES - PARTIAL ZMA-2006-12 UVA FOUNDATION 3