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HomeMy WebLinkAbout20051005actions 1 ACTIONS Board of Supervisors Meeting of October 5, 2005 October 7, 2005 AGENDA ITEM/ACTION ASSIGNMENT 1. Call to Order. • Meeting was called to order at 9:03 a.m. by the Chairman, Mr. Rooker. All BOS members were present. Also present were Bob Tucker, Larry Davis and Debi Moyers. 4. From the Public: Matters Not Listed on the Agenda. • Christopher Mislow said a proposal for overlot grading requirement for subdivisions was long overdue. Mr. Wyant commented that overlot grading revisions should be coming back to the Board next month. • Liz Palmer, representing the League of Woman Voters, congratulated Ms. Thomas on her appointment to the Chesapeake Bay Local Government Advisory Committee. • John Martin, who lives in Free Union, commented on First Amendment rights with property rights. 5a. Recognition: Landon Gregory Hatfield for efforts related to Raintree fire. • Chairman recognized Landon Hatfield, a freshman at Albemarle High School, for his quick-thinking and heroic efforts on August 8, 2005. He is credited with helping a woman escape a burning home. He was presented a plaque by Dan Eggleston, Director of Fire/Rescue. 5b. Recognition: Students Make A Difference Day Proclamation. • Chairman PRESENTED proclamation to June Smith (of Community Engagement) and Kelly Cramer (a student at Albemarle High School) recognizing October 22, 2005 as Students Make A Difference Day. (Attachment 1) 5c. Recognition: Introduction of George Shadman, General Services Director. • Mr. Tucker introduced George Shadman as Albemarle County’s first Director of General Services. • Ms. Thomas offered motion which was seconded by Mr. Boyd to appoint George Shadman as General Services Director. Motion PASSED by a vote of 6:0. 6.2 Solomon Road (Route 1430) Watch for Child Playing Sign. • ADOPTED the attached resolution. Clerk: Forward a copy of adopted resolution to Juan Wade to process. (Attachment 2) 6.3 Authorize staff to proceed with Eastern Connector Alignment Study. • AUTHORIZED staff to proceed with procuring this study using a 50-50 cost share agreement with the City and expend no more than $250,000 from the CIP for the County’s share of Mark Graham/Lee Catlin: Proceed as directed. 2 this study. • Mr. Boyd asked that a connector road from south of the Free Bridge to connect 250 with High Street be included in the study. • Mr. Boyd encourage staff to proceed with the kick-off meeting with the neighborhoods as soon as possible. 6.4 Resolution to accept road(s) in Parkside Village Subdivision, Phases 1 & 2, into the Secondary System of State Highways. • ADOPTED the attached resolution. Clerk: Forward signed resolution to Greg Cooley in Department of Community Development. (Attachment 3) 6.5 Adopt resolution authorizing County Executive to set Mileage Reimbursement Rate. • ADOPTED the attached resolution. Clerk: Forward a copy of adopted resolution to County Executive, Finance, OMB, Pam Moran, Jackson Zimmermann and County Attorney’s office. (Attachment 4) 6.6 Forest Lakes Traffic Calming Resolution – request to install speed humps on Powell Creek Road. • ADOPTED the attached resolution. Clerk: Forward a copy of adopted resolution to Juan Wade to process. (Attachment 5) 7a. VDOT Monthly Report for September 2005. • RECEIVED. 7b. Other Transportation Matters. Jim Utterback: • Updated the Board on spraying noxious weeds in the sidewalks. VDOT has spent over $26,000 in the County this year spraying both Thistle and Johnson grass. Also, every foot of guardrail in the County has been sprayed. Asked Board members to work with staff or himself to try and identify some areas that are of concern to citizens. • Updated the Board on contract for secondary road line painting and markings. Stated it took a little bit longer than anticipated. • VDOT has awarded a contract for picking up dead carcasses. • Stated Route 649 (Airport Road improvement project) and Buck Island Creek Bridge replacement are still on schedule for November 1st. • District-wide bridge painting will not be complete this month. Anticipate first of December. • Ms. Thomas asked about the clean-up of the Ivy intersection. Mr. Utterback said it is still in the process. Will keep the Board updated. • He has had some discussions with County staff regarding Jarmans Gap Road. VDOT should be able to go to a public hearing in early March. • Still on schedule for Spring Citizen Information Meeting on Georgetown Road. VDOT is hoping to scope the project this month. Stated he would provide further information to Mr. Rooker as he receives it. • In reference to Dickerson Road, there is a right- of-way issue with UVA Foundation and some of the proffers. • Talked with County staff and trying to move up Clerk: Forward comments to VDOT. 3 Rio Mills Road project. Potential to accelerate advertising. • Route 640, Gilbert Station Road, should be completed by end of the month. • District Traffic Engineer is looking at Route 29 and Austin Lane where the accident occurred a couple of weeks ago. Will re-evaluate or update the study again. David Wyant: • Thanked VDOT for fixing Millington Bridge and relocation of signs in White Hall area. • Asked VDOT to take a look at the bridge on Route 811, going up Jarmans Gap towards Greenwood. • Asked VDOT to look at installing “blind curve” signage on Route 240, near The Meadows in Crozet. Problem with sight distance. Sally Thomas: • Last night the Batesville citizens met about traffic calming in their area. Asked Mr. Utterback to research whether you can have speed limit signs that are unconventional (like 22 ½ mph). • Dry Bridge bridge has potholes that look like they go all the way through. Dennis Rooker: • Dunromin Road needs a “Dead End” or “No Outlet” street sign. Mr. Utterback said he will have staff check into that. Regarding the drainage issue on Woodstock, the Superintendent is trying to get in touch with that individual and identify some options. Ken Boyd: • Thanked VDOT and Juan Wade for Forest Lakes Traffic Calming resolution. • Asked what VDOT could do regarding safety concerns on Doctor’s Crossing. Mr. Utterback said he will check the status of the issues. Lindsay Dorrier: • Asked VDOT to look at the intersection of new road to UVA basketball stadium. There is no lead time to get into the one lane. Bob Tucker: • Asked if any Board member is planning to attend the Annual Primary Road Plan public hearing in Culpeper on October 18th. Mr. Rooker and Mr. Boyd said they would check their calendars. Mr. Tucker asked Board members to let Juan Wade and Wayne Cilimberg know if they are going to attend. 8. Update on Places 29, Lee Catlin. • RECEIVED update. • Mr. Boyd requested a list of the stakeholders meetings that have been held in conjunction with Places 29. • Ms. Catlin asked Board members to review draft Guiding Principles and Vision Statement and Goals and send reactions to Judy Lee Catlin: Proceed as directed. 4 Wiegand. • The Board recessed at 10:17 a.m. and reconvened at 10:35 a.m. 9. JAUNT Annual Report – Donna Shaunesey. • RECEIVED. 10. Colonel John Chiu, Commander, National Ground Intelligence Center. • PRESENTED PowerPoint presentation on growth and mission. 11. Update on Retiree Health Insurance. • DISCUSSED. • CONSENSUS of the Board for Office of Management and Budget and Human Resources to bring back a report which possibly blends the existing VERIP program with suggested alternatives discussed to-date. • Mr. Boyd asked that OMB and HR look at all supplements while reworking the program. Melvin Breeden/Kimberly Suyes: Proceed as directed. 12. Proposed Annual Fire Inspections Program. • APPROVED, by a vote of 6:0, the establishment of an annual fire inspections program through authorization of a new fire inspector position; and • ADOPTED, by a vote of 6:0, the attached resolution amending the Fee Schedule to increase the fees as proposed. Clerk: Forward copy of signed resolution to Director of Fire/Rescue, Finance, OMB and County Attorney’s office. (Attachment 6) 13. Albemarle County Efficiency Report. • PRESENTED. 14. Update on Auditorium Renovations. • DISCUSSED. • CONSENSUS of the Board to go with Option A for the dais in the Lane Auditorium. 15. Closed Session: Personnel and Legal Matters. • At 12:06 p.m., the Board went into closed session to consider appointments to boards, committees, and commissions; to discuss the acquisition of real property for a public purpose; and to consult with legal counsel and staff regarding a specific matter requiring legal advice relating to taxation. 16. Certified Close Session. • At 2:14 p.m., the Board reconvened into open session and certified the closed session. 17. Vacancies/Appointments. • APPOINTED Fred Missel to the Architectural Review Board with said term to expire November 14, 2008. • APPOINTED Stanley Binsted to the Charlottesville Albemarle Regional Transportation (CHART) Committee with said term to expire April 3, 2008. Clerk: Prepare appointment letters, update Boards and Commissions book and notify appropriate persons. 18. FY 2005 End-of-Year Preliminary Financial Report. • ACCEPTED, by a vote of 6:0, Preliminary June 30, 2005 End-of-Year Financial Report. • Mr. Boyd liked format but would like to see County and Schools debt service separated. Richard Wiggans: Proceed as directed. 19. FY 2005 Budget Amendment. Clerk: Forward signed appropriation forms to 5 • APPROVED FY 2005 Budget Amendment in the amount of $1,514,805.00. • APPROVED FY 2005 Appropriations #2005068, #2005069, and #2005070. Finance, OMB, and copy appropriate individuals. 20. FY 2006 Budget Amendment. • APPROVED FY 2006 Budget Amendment in the amount of $44,027,649.04. • APPROVED FY 2006 Appropriations #2006012, #2006018, #2006019, #2006020, #2006021, #2006022, #2006023, #2006024, #2006025, #2006026 and #2006027. Clerk: Forward signed appropriation forms to Finance, OMB, and copy appropriate individuals. 21. Designation of Plank Road (Route 692) between Route 29 and Route 692 as a Virginia Scenic Byway. • DEFERRED the resolution indefinitely. • Staff will forward to TJPDC and MPO for review and comment. Juan Wade: Proceed as directed. 22. To consider an ordinance to amend Chapter 15, Taxation, of the Albemarle County Code, by adding Article XVII, Certified Solar Energy Equipment, Facilities or Devices and Certified Recycling Equipment, Facilities or Devices. The amendment would establish in Albemarle County a real estate and property tax exemption for certified solar and recycling equipment, facilities and devices pursuant to Virginia Code Section 58.1-3661. • ADOPTED the attached ordinance, by a vote of 6:0. Clerk: Forward adopted ordinance to County Attorney’s office for inclusion in next update of County Code and copy Finance and County Assessor’s office. (Attachment 7) 23. SP-2005-016. Hope Builders International (Signs #30&68). • APPROVED SP-2005-016, by a vote of 6:0, subject to the thirteen conditions recommended by the Planning Commission with the sixth condition being amended at the meeting to: Seating capacity in any area of assembly shall not exceed 100 persons, except that seating for up to 150 persons may be provided for up to five weddings per calendar year. Clerk: Set out conditions of approval. (Attachment 8) • The Board recessed at 3:50 p.m. and reconvened at 4:03 p.m. 24. SP-2005-017. Chick-fil-A – Route 29 (Signs #60&66). • APPROVED SP-2005-017, by a vote of 6:0, subject to the three conditions recommended by the Planning Commission. Clerk: Set out conditions of approval. (Attachment 8) 25. ZMA-2004-007. Belvedere (Signs #62,76&84). • DEFERRED until October 12, 2005. Clerk: Reschedule on October 12th agenda for public hearing. 26. SP-2004-052. Kenridge (Sign #40). • APPROVED SP-2004-052, by a vote of 6:0, subject to the seventeen conditions recommended by the Planning Commission with the followings conditions amended at he meeting: • Condition number one, the second sentence, language addition: “Parking for the office use shall be limited to the area and number of spaces shown on the Conceptual Plan.” • Condition number nine, first sentence, Clerk: Set out conditions of approval. (Attachment 8) 6 language addition: “the exteriors of blocks of attached single family buildings shall be either red brick, or white painted brick, with gable roofs.” • Condition number fifteen: eliminate the language: “If this cash contribution has not been exhausted by the County for the stated purpose within ten (10) years from the date of the last contribution, all unexpended funds shall be refunded to the owner.” 27. From the Board: Matters Not Listed on the Agenda. Sally Thomas: • Mentioned a request from the Peacock Hill Community Association to increase the penalty for conviction of dogs running at large. Ms. Thomas then made a motion, which was seconded by Mr. Bowerman, to request staff to bring back an ordinance to amend the Albemarle County Code Sec 4-213 (B) to raise the maximum fine to $250.00. Motion PASSED by a vote of 6:0. • Ms. Thomas suggested that the County share on their web page and maybe through press releases, tips for reducing energy usage. Also, that the County look at its operations for both conservation and efficiency use of energy. Bob Tucker: • Asked for a voting delegate for the VACo conference, November 15th. Mr. Rooker volunteered to be the delegate. Mr. Dorrier volunteered to be the alternate. • Discussed motor vehicle decal issue. Suggested the County provide a permanent or long term decal rather than eliminating the decal all together. CONSENSUS of the Board for staff to bring back an amendment to County Code with a public hearing in December. County Attorney: Proceed as directed. Lee Catlin: Proceed as directed. George Shadman: Proceed as directed. County Attorney: Proceed as directed. 28. Adjourn. • The meeting was adjourned at 6:03 p.m. /djm Attachment 1 – Proclamation recognizing Students Make A Difference Day Attachment 2 – Solomon Road (Route 1430) Watch for Child Playing Sign Resolution Attachment 3 – Resolution to accept road(s) in Parkside Village Subdivision, Phases 1 & 2, into the Secondary System of State Highways Attachment 4 – Resolution to Authorize County Executive to Set Mileage Reimbursement Rate Attachment 5 – Forest Lakes Traffic Calming Resolution Attachment 6 – Resolution to Amend Fire/Rescue Fee Schedule Attachment 7 – Solar Energy Ordinance Attachment 8 – Conditions of Approval for Planning Items 7 ATTACHMENT 1 STUDENTS MAKE A DIFFERENCE DAY Whereas, the youth of our nation are its future; and Whereas, working together to help others bridges the differences that separate Americans and strengthen the bonds that tie us together; and Whereas, we, the American people have a tradition of philanthropy and volunteerism; and Whereas, many of our citizens need the help of others to live happy and productive lives; and Whereas, millions of individuals have already enhanced the lives of others on this annual day of doing good by giving where there was a need, rebuilding what had been torn down, teaching where there was a desire to learn, and inspiring those who had lost hope; and Whereas, USA WEEKEND Magazine and its affiliate newspapers and The Points of Light Foundation and its affiliate volunteer centers have joined to promote an annual national day of doing good that celebrates and strengthens the spirit of volunteer service; and Whereas, volunteer services is an investment in the future we all must share; Now, Therefore, we, the Albemarle County Board of Supervisors, do hereby proclaim October 22, 2005 as Students Make A Difference Day in Albemarle County, Virginia, and urge our fellow citizens to encourage and assist our students in completing projects to benefit the community. 8 ATTACHMENT 2 RESOLUTION TO AUTHORIZE VIRGINIA DEPARTMENT OF TRANSPORTATION TO INSTALL WATCH FOR CHILD PLAYING SIGN ON SOLOMON ROAD WHEREAS, the residents of Solomon Road are concerned about traffic in their neighborhood and the potential hazard it creates for the numerous children that live and play in the subdivision; and WHEREAS, the residents of Solomon Road requested the County to take the necessary steps to have a “Watch for Child Playing” sign installed; and WHEREAS, there are numerous children that live and play on Solomon Road and that a “Watch for Child Playing” sign would help alleviate some of the residents’ safety concerns. NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby supports the community’s request for VDOT to install the necessary “Watch for Child Playing” signs on Solomon Road (Route 1430). 9 ATTACHMENT 3 The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 5th day of October 2005, adopted the following resolution: R E S O L U T I O N WHEREAS, the street(s) in Parkside Village Subdivision, Phases 1 and 2, described on the attached Additions Form LA-5(A) dated October 5, 2005, fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; 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 Parkside Village Subdivision , Phases 1 and 2, as described on the attached Additions Form LA-5(A) dated October 5, 2005, 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. * * * * * The road(s) described on Additions Form LA-5(A) is: 1) Hilltop Street (State Route 691) from the intersection of Indigo Road (Route 1233) to the intersection of Sunflower Lane (Route 1296), as shown on plat recorded 10/03/2002 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 2284-2415, pages 80-90 and 214-223, with a 40-foot right-of-way width, for a length of 0.11 miles. 2) Hilltop Street (State Route 691) from the intersection of Sunflower Lane (Route 1296), to the end of maintenance, as shown on plat recorded 10/03/2002 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 2284-2415, pages 80-90 and 214- 223, with a 40-foot right-of-way width, for a length of 0.04 miles. 3) Sunflower Lane (State Route 1296) from the intersection of Hilltop Street (Route 691) to the cul-de-sac, as shown on plat recorded 03/27/2003 in the office the Clerk of Circuit Court of Albemarle County in Deed Book 2415, pages 214-223, with a 40-foot right-of- way width, for a length of 0.05 miles. Total Mileage – 0.20 miles 10 ATTACHMENT 4 RESOLUTION TO AUTHORIZE COUNTY EXECUTIVE TO SET MILEAGE REIMBURSEMENT RATE WHEREAS, Virginia Code § 15.2-1508.1 authorizes a county to reimburse any person using a private vehicle while traveling on business of the county; and WHEREAS, the rate of reimbursement may not exceed the standard rate that is deductible as a business expense pursuant to the Internal Revenue Code and its promulgated regulations; and WHEREAS, Virginia Code § 15.2-1508.2 further restricts the maximum rate of reimbursement for those persons that the Commonwealth bears any portion of the reimbursement expense to the reimbursement rate set for the Commonwealth’s employees in the Appropriations Act; and WHEREAS, it has been the practice of the County to set the reimbursement rate in the Annual Resolution of Appropriations adopted by the Board in June of each year; and WHEREAS, due to the dramatic increase and fluctuation of gas prices, the Board finds that greater flexibility is needed to fairly reimburse persons using private vehicles for public business; and WHEREAS, the Board finds that the County Executive should have the authority to set and adjust from time to time the reimbursement rate on behalf of the Board. NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby authorizes the County Executive to set and to adjust from time to time the mileage reimbursement rate or rates to reimburse any person for using a private vehicle while traveling to perform the business of the County in the discharge of their official duties. Such rate or rates shall not exceed the standard rate that is deductible as a business expense pursuant to the applicable Internal Revenue Code, and its promulgated regulations. In addition, for those persons for whom the Commonwealth bears any portion of the reimbursement expense, the maximum rate shall not exceed the reimbursement rate allowed by the Commonwealth of Virginia. 11 ATTACHMENT 5 RESOLUTION TO SUPPORT TRAFFIC CALMING MEASURES IN THE FOREST LAKES SOUTH AND HOLLYMEAD SUBDIVISIONS ON POWELL CREEK DRIVE (ROUTE 1521) WHEREAS, speeding has been identified as a major concern with the residents of Forest Lakes and Hollymead Subdivisions; and WHEREAS, the Virginia Department of Transportation has conducted a speed study in the Hollymead and Forest Lakes South Subdivisions, which confirmed that a speeding problem does exist on Powell Creek Drive (Route 1521); and WHEREAS, The Forest Lakes Community Association has worked with Virginia Department of Transportation and Albemarle County staff to establish the Forest Lakes Traffic Calming Task Force, which fulfilled the requirements listed in VDOT’s Traffic Calming Policy. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Albemarle County, Virginia supports the construction of four strategically placed speed humps on Powell Creek Drive (Route 1521) that will encourage slower speeds; and BE IT FURTHER RESOLVED, that the Board of Supervisors of Albemarle County, Virginia will further consider the installation of signs advising drivers of an additional maximum penalty of $200.00 for exceeding the posted 25 MPH speed on Powell Creek Drive if the speed humps are not effective in reducing speeding; and BE FURTHER RESOLVED, that the Board of Supervisors of Albemarle County, Virginia requests the Virginia Department of Transportation to construct four speed humps on Powell Creek Drive as recommended by the Forest Lakes Traffic Calming Task Force. 12 ATTACHMENT 6 RESOLUTION WHEREAS, the Board of County Supervisors, pursuant to Virginia Code Section 27-97, has adopted the Virginia Statewide Fire Prevention Code as set forth in section 6-200 Code of Albemarle; and WHEREAS, the Board of County Supervisors is authorized by Virginia Code section 27-98 to establish such procedures or requirements as may be necessary for the administration and enforcement of the Virginia Statewide Fire Prevention Code; and WHEREAS, the Board of County Supervisors is authorized by Virginia Code section 27-98 to levy fees in order to defray the cost of such administration, enforcement and appeals. NOW, THEREFORE, BE IT RESOLVED that the Board of County Supervisors of Albemarle County, Virginia, hereby adopts the following fee schedule, which shall be administered by the County Fire Official and his authorized assistants. FEE SCHEDULE FEE CODE SECTION FIRE CODE REFERENCE # $ 175.00 Aerosol products 2801.2 Annual An operational permit is required to manufacture, store or Per location handle an aggregate quantity of Level 2 or Level 3 aerosol products in excess of 500 pounds (227 kg) net weight. $ 100.00 Combustible fibers 2901.3 Annual An operational permit is required for the storage and handling of combustible Per location fibers in quantities greater than 100 cubic feet (2.8 m3). Exception: An operational permit is not required for agricultural storage. $ 175.00 Compressed gas 3001.2 Annual An operational permit is required for the storage, use or handling at normal Per location temperature and pressure (NTP) of compressed gases in excess of the amounts listed below. Exception: Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle. PERMIT AMOUNTS FOR COMPRESSED GASES TYPE OF GAS AMOUNT (cubic feet at NTP) Corrosive 200 Flammable (except cryogenic fluids and liquefied petroleum gases) 200 Highly toxic Any amount Inert and simple asphyxiant 6,000 Oxidizing (including oxygen) 504 Toxic Any amount For SI: 1 cubic foot = 0.02832 m3 $ 175.00 Cryogenic fluids 3201.2 Annual An operational permit is required to produce, store, transport on site, use, Per location handle or dispense cryogenic fluids in excess of the amounts listed ICC Fire Code table 105.6.11 Exception: Operational permits are not required for vehicles equipped for and using cryogenic fluids as a fuel for propelling the vehicle or for refrigerating the lading. 13 $ 100.00 Cutting and welding 2601.2 Annual For those who weld, cut with gas, electric arc or flammable liquid or any Per location combination thereof, outside of areas approved for this purpose an operational permit is required to conduct cutting or welding operations within the jurisdiction. Exception: In the case of an emergency which does not allow time for the prior notification. $ 100.00 Dry cleaning plants 1201.2 Annual An operational permit is required to engage in the business of dry cleaning or to Per location change to a more hazardous cleaning solvent used in existing dry cleaning equipment. $ 300.00 Explosives 3301.2 Annual To Manufacture, sell (wholesale or retail), or operate a terminal which handles Per location explosives or blasting agents $ 200.00 Explosives 3301.2 Annual To store, possess or otherwise dispose of explosives in connection with Per location operations involving blasting. This will include, but not be limited to company yards, storage sites and storage sites at job locations within the county. $ 200.00 Explosives 3301.2 30 days To use explosives or blasting agents at any project site. The permit shall specify Per location at each location the type and extent of blasting to be performed and shall not exceed 30 days. $ 175.00 Flammable and combustible liquids 3401.4 As specified An operational permit is required: in applicable 1. To use or operate a pipeline for the transportation within facilities of flammable section or combustible liquids. This requirement shall not apply to the offsite trans- Per location portation in pipelines regulated by the Department of Transportation (DOTn) (see Section 3501.1.2) nor does it apply to piping systems (see Section 3503.6). (annual) 2. To store, handle or use Class I liquids in excess of 5 gallons (19 L) in a building or in excess of 10 gallons (37.9 L) outside of a building (annual), except that a permit is not required for the following: 2.1. The storage or use of Class I liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant, unless such storage, in the opinion of the fire official, would cause an unsafe condition. 2.2. The storage or use of paints, oils, varnishes or similar flammable mixtures when such liquids are stored for maintenance, painting or similar purposes for a period of not more than 30 days. 3. To store, handle or use Class II or Class IIIA liquids in excess of 25 gallons (95 L) in a building or in excess of 60 gallons (227 L) outside a building, except for fuel oil used in connection with oil-burning equipment. (annual) 4. To remove Class I or Class II liquids from an underground storage tank used for fueling motor vehicles by any means other than the approved, stationary on-site pumps normally used for dispensing purposes. (per event) 5. To operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel- dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used. (annual) 6. To install, alter, remove, abandon, place temporarily out of service (for more than 90 days) or otherwise dispose of an underground, protected above-ground or aboveground flammable or combustible liquid tank (per event). 7. To change the type of contents stored in a flammable or combustible liquid tank to a material which poses a greater hazard than that for which the tank was designed and constructed. (per event and annual thereafter) 14 8. To manufacture, process, blend or refine flammable or combustible liquids. (annual) $ 175.00 Hazardous materials 2701.1 & 107.2 Annual An operational permit is required to store, transport on site, dispense, use or handle hazardous materials in excess of the amounts listed below. PERMIT AMOUNTS FOR HAZARDOUS MATERIALS TYPE OF MATERIAL AMOUNT Combustible liquid See flammable and combustible liquids Corrosive Materials Gases See compressed gases Liquids 55 gallons Solids 1000 pounds Explosives See explosives Flammable Materials Gases See compressed gases Liquids See flammable and Combustible liquids Solids 100 pounds Highly Toxic Materials Gases See compressed gases Liquids Any amount Solids Any amount Oxidizing Materials Gases See compressed gases Liquids Class 4 Any amount Class 3 1 gallon Class 2 10 gallons Class 1 55 gallons Solids Class 4 Any amount Class 3 10 pounds Class 2 100 pounds Class 1 500 pounds Organic Peroxides Liquids Class I Any amount Class II Any amount Class III 1 gallon Class IV 2 gallons Class V No permit required Solids Class I Any amount Class II Any amount Class III 10 pounds Class IV 20 pounds Class V No permit required Pyrophoric Materials 15 Gases See compressed gases Liquids Any amount Solids Any amount Toxic Materials Gases See compressed gases Liquids 10 Gallons Solids 100 pounds Unstable (reactive) Materials Liquids Class 4 Any amount Class 3 Any amount Class 2 5 gallons Class 1 10 gallons Solids Class 4 Any amount Class 3 Any amount Class 2 50 pounds Class 1 100 pounds Water Reactive Materials Liquids Class 3 Any amount Class 2 5 gallons Class 1 55 gallons Solids Class 3 Any amount Class 2 50 pounds Class 1 500 pounds $ 175.00 HPM facilities 801.5 & 2701.1 Annual An operational permit is required to store, handle or use hazardous production materials. $ 100.00 Hot work operations 2602.1 30 days An operational permit is required for hot work including, but not limited Per site to: 1. Public exhibitions and demonstrations where hot work is conducted. 2. Use of portable hot work equipment inside a structure. Exception: Work that is conducted under a construction permit. 3. Fixed-site hot work equipment such as welding booths. Exception: Fixed facility hot works, such as shops can be approved on an annual basis at the discretion of the fire official 4. Hot work conducted within a hazardous fire area. 5. Application of roof coverings with the use of an open-flame device. 6. When approved, the fire official shall issue a permit to carry out a Hot Work Program. This program allows approved personnel to regulate their facility’s hot work operations. The approved personnel shall be trained in the fire safety aspects denoted in this chapter and shall be responsible for issuing permits requiring compliance with the requirements found in this chapter. These permits shall be issued only to their employees or hot work operations under their supervision. $ 100.00 Lumber yards and woodworking plants 1901.2 Annual An operational permit is required for the storage or processing of lumber Per location exceeding 100,000 board feet (8,333 ft3) (236 m3). 16 $ 175.00 LP-gas 3801.2 Annual An operational permit is required for: Per location 1. Storage and use of LP-gas. Exception: An operational permit is not required for individual containers with a 500-gallon (1893 L) water capacity or less serving occupancies in Group R-3. 2. Operation of cargo tankers that transport LP-gas. $ 325.00 Open Burning (Land clearing) 301.2 60 Days For the burning of land clearing debris such as brush, stumps, trees and other clean Per location wood to be burned at the site at which it is generated. This would include debris waste generated from the development of property and from burning unwanted, leaning or dead trees regardless of size. $ No fee Open Burning (Yard maintenance) 301.2 No permit For the burning of vegetation that is removed from trees, shrubs or garden plants. required This would also include twigs and branches that fall or are removed from trees. Note: The burning of trees, stumps and logs is considered land clearing. $ No fee Open Burning (Certified burn program) 301.2 For the burning of land clearing debris by persons who qualify for and have attended the certified burn program and have received a certificate from the Fire Marshal. $75.00 Bonfire 307.3.1 Per occurrence Issued to the owner of the land upon which the bonfire will be kindled. Fire is utilized for ceremonial purposes only. Size shall not exceed 5’x5’x5’. The duration of the fire shall not exceed 3 hours. Permit is valid for the date or dates specified only. $ 100.00 Open flame in public buildings 308.3 Annual To use open flames or candles in connection with assembly and educational areas, dining areas of restaurants or drinking establishments ( annual). $300.00 Fireworks (Wholesale) 3301.2 Annual To sell class C or 1.4 fireworks to stands or businesses within the county. A bond is required in amounts specified in the Fire prevention code. $75.00 Fireworks (Public & private display) 3301.2 Per job To display or discharge fireworks for ceremonial, sports, fairs or amusement purposes. For each additional date or location, there will be an additional fee. Before issuance of a permit, a bond in the amount specified by the Fire Marshal shall be furnished for payment of any and all damages which may be caused to persons or property as a result of any permitted display. $100.00 Fireworks (Retail) 3301.2 Annual To sell, offer for sale, expose for sale, store awaiting sale at any retail stand or business Per site in the county, of any class C or 1.4G fireworks. Insurance or bond required in an amount specified by the Fire Marshal. $100.00 Storage of scrap tires and tire byproducts 301.2 & 2501.2 Annual An operational permit is required to establish, conduct or maintain storage Per location of scrap tires and tire byproducts that exceeds 2,500 cubic feet (71m3) of total volume of scrap tires and for indoor storage of tires and tire byproducts. $100.00 Tents and Membrane Structures 2403.4 30 Days Temporary membrane structures, tents and canopies. An operational permit Per location is required to operate an air-supported temporary membrane structure or a tent. Exceptions: 1. Tents used exclusively for recreational camping purposes. 17 2. Tents and air-supported structures that cover an area of 900 square feet (84 m2) or less, including all connecting areas or spaces with a common means of egress or entrance and with an occupant load of 50 or less persons. 3. Fabric canopies and awnings open on all sides which comply with all of the following: 3.1. Individual canopies shall have a maximum size of 700 square feet (65 m2). 3.2. The aggregate area of multiple canopies placed side by side without a fire break clearance of 12 feet (3658 mm) shall not exceed 700 square feet (65m2) total. 3.3. A minimum clearance of 12 feet (3658 mm) to structures and other tents shall be provided. $100.00 Operation of Junk yards (Waste material) 301.2 & 1404.2 Annual An operational permit is required for the operation of wrecking yards, junk Per location yards and waste material-handling facilities. 18 ATTACHMENT 7 ORDINANCE NO. 05-15(2) AN ORDINANCE TO AMEND CHAPTER 15, TAXATION, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 15, Taxation, is hereby amended and reordained as follows: By Adding: Article XVII. Certified Solar Energy Equipment, Facilities or Devices and Certified Recycling Equipment, Facilities or Devices Sec. 15-1700 Definitions Sec. 15-1701 Tax Exemption of certified solar energy equipment and certified recycling equipment Sec. 15-1702 Application generally Sec. 15-1703 Certification of solar energy equipment or recycling equipment. Sec. 15-1704 Determination of Exemption. Sec. 15-1705 Presumption of Value. CHAPTER 15. TAXATION ARTICLE XVII. CERTIFIED SOLAR ENERGY EQUIPMENT, FACILITIES OR DEVICES AND CERTIFIED RECYCLING EQUIPMENT, FACILITIES OR DEVICES Sec 15-1700 Definitions. The following words and phrases, when used in this article, shall have, for the purposes of this article, the following respective meanings except where the context clearly indicates a different meaning: (1) Certified recycling equipment, facilities, or devices. The term "Certified recycling equipment, facilities, or devices" means machinery and equipment which is certified by the Virginia Department of Waste Management as integral to the recycling process and for use primarily for the purpose of abating or preventing pollution of the atmosphere or waters of the Commonwealth, and used in manufacturing facilities or plant units which manufacture, process, compound, or produce for sale recyclable items of tangible personal property at fixed locations in the Commonwealth. (2) Certified solar energy equipment, facilities or devices. The term "Certified solar energy equipment, facilities or devices" means any property, including real or personal property, equipment, facilities, or devices, certified by the local certifying authority to be designed and used primarily for the purpose of providing for the collection and use of incident solar energy for water heating, space heating or cooling or other application which would otherwise require a conventional source of energy such as petroleum products, natural gas, or electricity. (3) Local certifying authority. The term "Local certifying authority" means the county’s building official. (4) Local building department. The term “Local building department” means the inspections division of the county’s Department of Community Development. (Ord. 05-15(2), 10-5-05) State law reference-- Va. Code, § 58.1-3661(B). Sec 15-1701 Tax Exemption of certified solar energy equipment and certified recycling equipment. 19 Certified solar energy equipment facilities or devices and certified recycling equipment, facilities, or devices, as defined in this article, are hereby declared to be a separate class of property and shall constitute a classification for local taxation separate from other classifications of real or personal property. Such property is exempt from local taxation, as provided in this article. (Ord. 05-15(2), 10-5-05) State law reference-- Va. Code, § 58.1-3661(A) Sec 15-1702 Application generally. A. Any person residing in the county may proceed to have solar energy equipment, facilities or devices, or recycling equipment, facilities, or devices certified as exempt, wholly or partially, from taxation by applying to the local building department. B. The person claiming an exemption under this article for solar energy equipment, facilities or devices, or recycling equipment, facilities, or devices must file an application with the local building department on forms provided for that purpose. C. The application must be accompanied by a complete set of plans and specifications of the solar energy equipment, facilities or devices, or recycling equipment, facilities, or devices for which exemption is claimed. The application must also be accompanied by sworn statements of contractors or suppliers attesting to the cost of the purchase and installation of the solar energy equipment, facilities or devices, or recycling equipment, facilities, or devices for which exemption is sought. (Ord. 05-15(2), 10-5-05) Sec. 15-1703 Certification of solar energy equipment or recycling equipment. If, after examination of such equipment, facility or device, the building official determines that the unit primarily performs any of the functions set forth in § 15-1700 and conforms to the requirements set by regulations of the Virginia Board of Housing and Community Development, such department shall approve and certify such application. The local building department shall forthwith transmit to the county assessor those applications properly approved and certified by the local building department as meeting all requirements qualifying such equipment, facility or device for exemption from taxation. Any person aggrieved by a decision of the local building department may appeal such decision to the local building code board of appeals, which may affirm or reverse such decision. (Ord. 05-15(2), 10-5-05) State law reference-- Va. Code, § 58.1-3661(C) Sec 15-1704 Determination of Exemption. Upon receipt of the certificate from the local building department, the county assessor shall proceed to determine the value of such qualifying solar energy equipment, facilities or devices or certified recycling equipment, facilities, or devices. The exemption provided by this article shall be determined by applying the local tax rate to the value of such equipment, facilities or devices and subtracting such amount, wholly or partially, either (i) from the total real property tax due on the real property to which such equipment, facilities, or devices are attached or (ii) if such equipment, facilities, or devices are taxable as machinery and tools under Virginia Code § 58.1-3507, from the total machinery and tools tax due on such equipment, facilities, or devices, at the election of the taxpayer. This exemption shall be effective beginning in the next succeeding tax year after the date of approval by the county assessor, and shall remain in effect for the four (4) following tax years. In the event the qualifying equipment, facilities, or devices is part of a new building subject to assessment pursuant to § 15-1001, the exemption shall be first effective when such real estate is first assessed, but not prior to the date of such application for exemption. (Ord. 05-15(2), 10-5-05) 20 State law reference-- Va. Code, § 58.1-3661(D) Sec 15-1705 Presumption of Value. It shall be presumed for purposes of the administration of this article, and for no other purposes, that the value of such qualifying solar energy equipment, facilities and devices is not less than the normal cost of purchasing and installing such equipment, facilities and devices. (Ord. 05-15(2), 10-5-05) State law reference-- Va. Code, § 58.1-3661(E) 21 ATTACHMENT 8 SP-2005-016. Hope Builders International (Signs #30&68). Request for amendment of SUP for church & priv school, to remove condition prohibiting transfer of permitted use to new operator & to make possible expansion of office space w/in the use, in accord w/Sec 10.2.2(5) & 10.2.2(35) of the Zoning Ord, which allows priv schools & churches respectively. TM 70 P 22, contains 13.473 acs. Znd RA. Loc at 7444 Plank Rd (Rt 692), 0.65 miles E of its intersec w/ Ortman Rd (Rt 691). White Hall Dist. 1. Health Department approval of well(s) and septic system(s) for all proposed church, conference, residential, and office uses; 2. Fire and Rescue Department approval of the structure for all proposed church, conference, residential, and office uses; 3. Building official approval of the structure for all proposed church, conference, residential, and office uses; 4. Virginia Department of Transportation approval of entrance and exit; 5. The applicants shall present evidence of the approvals required in conditions 1 through 4 and obtain a zoning clearance for the use within six (6) months of the approval of this permit. 6. Seating capacity in any area of assembly shall not exceed one hundred (100) persons, except that seating for up to one hundred fifty (150) persons may be provided for up to five weddings per calendar year; 7. Conferences or retreats, each limited in duration to no more than three days, may occur up to twelve times per calendar year. Attendance shall not exceed one hundred (100) persons; 8. Once per calendar year, a missionary training program may be held on the site, for a single continuous time period not to exceed eight (8) weeks. A maximum of thirty (30) people may be enrolled in the training program; 9. No more than thirty (30) persons attending conferences, retreats, or missionary training shall reside on the property at any one time. All attendees shall be housed in the Oak Leigh house; 10. No outdoor amplified sound systems shall be used on the property; 11. Outdoor group activities (meetings, services, recreational activities, and other similar events and activities) shall not occur between 10:00 p.m. and 7:00 a.m.; 12. The footprint of the existing Oak Leigh house shall not be expanded, and no other structures shall be used or constructed for this use, without amendment of this permit; and 13. This parcel shall not be subdivided or reduced in size. __________ SP-2005-017. Chick-fil-A - Route 29 (Signs #60&66). Request to allow drive-in window serving fast food restaurant in accord w/Sec 24.2.2.13 of the Zoning Ord, which allows drive-in windows serving or associated w/permitted uses. TM 45 P 93A, contains 21.733 acs. Znd HC & EC. Loc in front of Lowes Home Improvement Store on N side of Woodbrook Dr (Rt 1417) & at intersec w/ Seminole Trail (Rt 29N). Rio Dist. 1. Development shall be in general accord with the site plan titled “Chick-Fil-A Preliminary Site Plan Documents”, last revised July 8, 2005 and initialed SBW on August 22, 2005; 2. The existing evergreen hedges and trees along Woodbrook Drive and the Route 29 North EC shall remain fully intact and allowed to reach mature height and habit typical of the species. Pruning shall be limited to the correction of damage and the overall maintenance of the health of the plantings; and 3. The color and material of the awning on the drive-through elevation shall be resolved to the satisfaction of the ARB and a Certificate of Appropriateness issued. __________ SP-2004-052. Kenridge (Sign #40). Request to allow development of multifamily complex in accord w/Sec 23.2.2.9 of the Zoning Ord which allows for R-15, use in CO district. TM 60, Ps 27 & 27B, contains 16.5 acs. Loc on N side of (Rt 250 W) Ivy Rd approx 1/2 mile W of intersec of Ivy Rd & Rt 29/250 By-pass. [The Comp Plan designates these lands as Office Service, in Neighborhood 7. General usage for Office Service is mixed office & residential uses, & is recommended for 6.01-20 du/ac, w/possible densities of up to 34 du/ac under planned development approach. General usage of the proposed amendment (SUP public hearing on a request) is residential. The existing carriage & manor houses have 22 the option of being used for residential and/or office use. The density of the proposed amendment is 4 du/ac.] This property is also located in EC. Samuel Miller Dist. (deferred from September 14, 2005) 1. The approved final site plan shall be in general accord with the Conceptual Plan prepared by McKee Carson, dated June 16, 2005 revision (“Conceptual Plan”). (See Attachment). Parking for the office use shall be limited to the area and number of spaces shown on the Conceptual Plan. If additional parking is required for the office use, an amendment of this special permit shall be required; 2. There shall be a minimum front yard of two hundred seventy five (275) feet between the southern-most structure (the “Main House”) and the property line adjacent to Route 250 as shown on the Conceptual Plan; side and rear yards shall be as shown on the Conceptual Plan; 3. All streets on the property connecting to adjacent properties as shown on the Conceptual Plan shall be constructed by the applicant to an urban section with the intent that such streets on the property connecting to adjacent properties will be built to a standard consistent with the connecting street on the White Gables property. All streets and pedestrian accesses shall be constructed to a standard acceptable to the County Engineer in accordance with the highlighted sections of Attachment A, revised and dated August 30, 2005 and initialed as CTG; 4. The connecting road extending from the former ITT property (Tax Map 60, Parcel 28) and across the Kenridge property to its entrance at Ivy Road, as shown on the Conceptual Plan, shall be established as a private street in conjunction with the final subdivision plat or site plan. As a condition of final subdivision plat or site plan approval, the applicant shall grant all easements deemed necessary by the Director of Community Development to assure the public's right to use the connecting road for purposes of ingress to and egress from Tax Map 60, Parcel 28; 5. The applicant shall comply with all requirements of the VDOT related to design and construction of the entrance to the property, as shown on the Conceptual Plan, and shall pay its pro rata share of the cost for signalization of this infrastructure contributed by traffic from the development as follows: (a) Prior to the issuance of a building permit, the applicant shall place funds in escrow or provide other security (“security”) acceptable to the County in an amount equal to its pro rata share of the cost of the signal which amount shall be calculated by the Director of Community Development in the year in which the security is provided. The security shall continue so that it is available to pay for the cost of the signal until ten (10) years after the date of approval of this special use permit; security provided that is not in an interest- bearing account shall be annually renewed, and the amount of the security shall be adjusted each year according to the consumer price index, as determined by the Director of Community Development; and (b) If, at any time until ten (10) years after the date of approval of this special use permit, VDOT authorizes in writing the installation of the signal, and VDOT and the County’s Engineer approve the signal’s installation before the applicant has obtained a building permit, the County may demand payment of the applicant’s pro rata share of the cost of the traffic signal, and the applicant shall pay its pro rata share of the cost to the County within thirty (30) days of that demand. 6. Screening adjacent to the railroad right-of-way and along the west and east sides of the project shall be provided and maintained as depicted on the Conceptual Diagram of Perimeter Screen and Privacy Planting, dated May 12, 2005, by Charles J. Stick, attached as Attachment B. The continuous evergreen trees noted as Leyland Cypress Hedge along the north, east and west sides of the project shall be installed at ten (10) feet to twelve (12) feet in height after lot grading but prior to issuance of a building permit for any dwelling unit construction. The Leyland Cypress Hedge also shall be planted on eight (8) foot centers. Underground irrigation shall be provided for all the planting areas. Screening deemed acceptable to the Director of Community Development shall be provided adjacent to the railroad to mitigate the impact of this development on adjacent property and the impact of the railroad on this development; 7. Prior to any alteration or demolition of any building, a reconnaissance level documentation to include black and white photographs and a brief architectural description shall be provided to the satisfaction of the County's Historic Preservation Planner; 8. Regardless of the ownership of the open space and amenities, they shall be made available for use by all residential and commercial units in the development; 9. Except for those attached single family buildings located in Zone (A) the exteriors of blocks of attached single family buildings shall be either red brick, or white painted brick, with gable roofs. 23 The exteriors of attached single family buildings in Zone (A) shall be red brick with gable roofs. The features in Zone (A) shall be reviewed and approved by the ARB during its review of the site plan for these buildings. The exteriors of detached residences shall be either red brick or painted white brick. These materials shall be reviewed and approved by the Design Planner before the issuance of a building permit for the buildings (See Attachment C); 10. Exterior roof surfaces shall be constructed of either copper or synthetic slate; 11. The new villa and town home units shall include garden improvements, generally as depicted on the Front Garden Diagram, dated August 24, 2005, by Charles J. Stick, Landscape Architect. (See Attachment D). Maintenance of these areas shall be provided for and required by the Homeowner’s Association which shall be set forth in the Covenants for this development. The decorative walls, steps and walks shall be constructed of either brick or stone; 12. To ensure the retention of the majority of the existing trees in the two hundred seventy-five (275) foot front yard setback described in Condition 2 (located between the main house and the Route 250 West Entrance Corridor), the applicant shall submit for review and approval by the County’s Design Planner a tree conservation plan prepared by a state certified arborist that meets the requirements of Section 32.7.9.4 of the Zoning Ordinance. This plan shall be required for all erosion and sediment control plans, site plans, and subdivision plats; 13. The site wall immediately adjacent to Route 250 West shall be included on all drawings that include its context. All grading, road alignments, turning lanes, and other improvements shall be adjusted to insure that impacts to the wall only include closing the existing entrance and adding a single entrance. Notes shall be included on the grading, site plans and subdivision plats that state: “The existing site wall shall remain. Disturbance shall be limited to the closure of the existing entrance and the opening of the proposed entrance into the site." Any changes to the wall shall be minimal and articulated to blend with the character of the existing wall to the satisfaction of the Architectural Review Board. Prior to the issuance of any building permits in the final block, the stone pillars shall be replaced at the new entrance from Route 250; 14. The design of all single family detached residences, including but not limited to colors, roofing, siding and foundation material selections, shall be coordinated with the Architectural Review Board-approved designs of the attached residential units, as determined by the Design Planner; 15. The owner agrees to voluntarily contribute a sum of three thousand dollars ($3,000) cash per new dwelling unit to the County for funding affordable housing programs [including the Housing Trust Fund]. The cash contribution shall be paid at the time of the issuance of the Building Permit for such new unit. The acceptance of this special use permit by the owner shall obligate the owner to make this contribution; 16. Pedestrian access deemed acceptable by the Director of Community Development shall be provided to the Manor Home and the Carriage House; and 17. With the exception of the entrance road, all streets within the development shall conform to the neighborhood model matrix deemed appropriate by the Director of Community Development.