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HomeMy WebLinkAbout2010-7-14Tentative BOARD OF SUPERVISORS T E N T A T I V E JULY 14, 2010 6:00 P.M. – LANE AUDITORIUM COUNTY OFFICE BUILDING 1. Call to Order. 2. Pledge of Allegiance. 3. Moment of Silence. 4. From the Board: Matters Not Listed on the Agenda. 5. From the Public: Matters Not Listed for Public Hearing on the Agenda. 6. Consent Agenda (on next sheet). 7. Appeal of Planning Commission and Architectural Review Board Decisions on Singleton (AT&T) Tier II Personal Wireless Facility: ARB-201-002 and SDP- 2010-003. Request for approval of a treetop personal wireless service facility with a steel/metal monopole that would be approximately 69 feet tall (10 feet above the height of the reference tree), within a 20 x 30 foot lease area. This application is being made in accordance with section 12.2.1. (16) of the Zoning Ordinance which allows for Tier II personal wireless service facilities by right in the (VR) Village Residential zoning district. The site is located on 2856 Morgantown Road [St Rt 738] approximately 600 feet from the intersection of Morgantown Road [State Route 738] and Ivy Road [State Route 250]. The property, described as Tax Map 58A1 Parcel 40F1, is 2.089 acres in size, and is located in the Samuel Miller Magisterial District. The Comprehensive Plan designates the property as Rural Area in Rural Area 3. PUBLIC HEARINGS: 8. Jordan Development Corporation Lease Agreement for the Meadows Community Center. To consider leasing to Jordan Development Corporation the Crozet/ Meadows Community Recreation Building, located at 5735 Meadows Drive, Crozet, Virginia (Parcel 05600-00-00-014B0), for use as a leasing and management office for the Meadowlands Apartments and as a community center. 9. Oak Hill Sewer Phase 1 Project. To receive comments on the installation of sanitary sewer in the Oak Hill neighborhood through a Community Improvement Grant. 10. Economic Development Action Plan. 11. From the Board: Matters Not Listed on the Agenda. 12. Adjourn. C O N S E N T A G E N D A FOR APPROVAL: 6.1 Resolution of intent to amend the Subdivision Ordinance to allow the waiver of standards for private streets serving 6 or more lots in planned developments under appropriate criteria. file:////coba-webapp01/BOSForms/Agenda/2010Files/Migration/20100714/00_Agenda.htm (1 of 2) [10/1/2020 1:01:04 PM] Tentative Return to Top of Agenda Return to Board of Supervisors Home Page Return to County Home Page file:////coba-webapp01/BOSForms/Agenda/2010Files/Migration/20100714/00_Agenda.htm (2 of 2) [10/1/2020 1:01:04 PM] RESOLUTION OF INTENT WHEREAS, the orderly subdivision and development of land includes requiring a subdivider to assure that streets are properly designed and constructed for anticipated traffic and to promote public safety; and WHEREAS, County Code § 14-412 establishes the standards for private streets and the applicable standards for private streets serving six or more lots are the public street design standards established by the Virginia Department of Transportation (hereinafter, the “VDOT design standards”); and WHEREAS, the VDOT design standards change from time to time and these changes may discourage a planned development from achieving certain purposes of planned developments identified in County Code § 18-8.1 including, but not limited to, promoting an appropriate and harmonious physical development and creative design, when the planned development is built out over a long period of time; and WHEREAS, it is desired to amend County Code § 14-412 to allow the standard for private streets serving six or more lots in a planned development to be waived under appropriate criteria provided that public safety is assured. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good land development practices, the Board of Supervisors hereby adopts a resolution of intent to amend County Code § 14-412 and any other regulations of the Subdivision Ordinance deemed appropriate to achieve the purposes described herein. BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the subdivision text amendment proposed by this resolution of intent, and make its recommendation to the Board of Supervisors, at the earliest possible date. Return to consent agenda Return to regular agenda COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Appeal of Planning Commission and Architectural Review Board Decisions on Singleton (AT&T) Tier II Personal Wireless Facility. SUBJECT/PROPOSAL/REQUEST: Appeal of SDP2010-3 and ARB2010-02 to install a 69 foot tall monopole and associated equipment within a 20 x 30 foot lease area. The monopole is requested to be 10 feet above the reference tree. STAFF CONTACT(S): Messrs. Tucker, Foley, Davis, Graham and Fritz LEGAL REVIEW: Yes AGENDA DATE: July 14, 2010 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: On June 22, 2010 the Planning Commission denied a request to install a Tier II Personal Wireless Service Facility (“Tier II facility”) with a steel monopole that would be approximately 69 feet tall (10 feet above the height of the reference tree), within a 20 x 30 foot lease area. The application was made in accordance with section 12.2.1.(16) of the Zoning Ordinance, which allows Tier II facilities by right in the Village Residential Zoning District. The Planning Commission denied the application solely based on the technical finding that the Architectural Review Board (“ARB“) had not issued a certificate of appropriateness for this facility. The Planning Commission staff report (Attachment I) provides the history and details of the proposal. Prior to this action, the Board agreed to defer an appeal of the ARB’s denial of the certificate of appropriateness. T he purpose of that deferral was to allow the Planning Commission to act and have all of the information considered together by the Board. STRATEGIC PLAN: N/A - The County’s new FY 10/11 to FY 12/13 Strategic Action Plan is currently being finalized. DISCUSSION: Appeal of the ARB decision under Section 30.6.8 Zoning Ordinance § 30.6.8(c) provides that the Board of Supervisors “may affirm, reverse, or modify in whole or in part the issuing, the issuing with conditions or modifications, or the denial of the certificate of appropriateness.” In considering the appeal, section 30.6.8(c) directs the Board to give due consideration to the recommendations of the ARB together with any other information it deems necessary for a proper review of the appeal. A certificate of appropriateness is a certification that a proposed structure and/or site improvements within the Entrance Corridor Overlay District are consistent with the applicable design guidelines. The ARB denied the certificate of appropriateness for the proposed Tier II facility because of its visibility from Route 250 West for a relatively short period of time when driving westbound and because the facility’s visibility was not sufficiently mitigated since the top of the facility was skylighted. However, upon further staff analysis, neither the zoning regulations applicable to the ARB nor the ARB’s design guidelines provide specific direction as to how the ARB is to evaluate the visibility of a Tier II facility when considering a certificate of appropriateness. Moreover, the Planning Commission has been delegated the responsibility for making the relevant determinations regarding the visibility and the location of Tier II facilities under section 5.1.40(d). The standards applicable to Tier II facilities under section 5.1.40 establish a number of design standards to reduce the visibility and visual impacts of a personal wireless service facility. These regulations govern a wide variety of design issues such as the color of the ground equipment, the screening of the ground equipment and the monopole, the manner in which antennae are attached to the monopole, the height of the monopole (limited to up to 7 to 10 feet above the tallest tree within 25 feet), and the location of the Tier II facility on the site. This latter requirement is found in section 5.1.40(d)(2), which states in relevant part: “The site shall provide adequate opportunities for screening and the facility shall be sited to minimize its visibility from adjacent parcels and streets, regardless of their distance of the facility.” Some of these standards are further discussed in the context of this proposal in the subsection below AGENDA TITLE: Appeal of Planning Commission and Architectural Review Board Decisions on Singleton (AT&T) Tier II Personal Wireless Facility July 14, 2010 Page 2 pertaining to the appeal under section 5.1.40. The standards neither compel invisibility nor prohibit skylighting. Given the requirements of wireless technology, most Tier II facilities will be visible to some extent. However, the standards developed for Tier II facilities are a compromise between tall towers, evaluated on a case-by-case basis under a special use permit procedure and the federal mandate that calls for the rapid deployment of wireless technology. As noted above, the consideration of these standards has been delegated to the Planning Commission, rather than the ARB. In its review of the proposed facility under section 5.1.40, staff recommended to the Planning Commission that the proposed Tier II facility satisfied all of the applicable standards for approval. At its June 22, 2010 meeting, the Planning Commission agreed with the staff recommendation, denying the application solely on the basis that the conditions of the ARB had not been satisfied. Because the proposed Tier II facility satisfies the governing requirements of section 5.1.40, staff recommends that the certificate of appropriateness be issued. Appeal of the Planning Commission decision under Section 5.1.40 The Planning Commission denied the application based on the technical finding that the Architectural Review Board had not issued a certificate of appropriateness. Per section 5.1.40(d) of the Zoning Ordinance, the Planning Commission can approve an application for a Tier II facility when: a) Requirements of subsection 5.1.40(a) are satisfied b) The applicant demonstrates that the facility will be installed and operated in compliance with all applicable provisions of this chapter, criteria (1) through (8) c) All conditions of the architectural review board are satisfied Staff found that the Tier II facility application met the requirements of subsection 5.1.40(a) and would be installed and operated in compliance with the standards in section 5.1.40.d(1) through (8). Because the ARB had denied the applicant’s request for a certificate of appropriateness on May 3, 2010 by a vote of 3:1, staff could not recommend approval of the Tier II facility. The Tier II facility will not be located in an Avoidance Area, and the lease area is not delineated as a significant resource on the Open Space Concept Map. The proposed monopole is expected to be visible for a relatively short period of time at a particular point when traveling west on Ivy Road [State Route 250 west]. Telephone poles, electric and telephone wires, signs, and buildings also appear in one’s view when descending the hill at Ivy towards the proposed monopole location. Tier II facilities must be sited to minimize visibility from adjacent parcels and streets. The applicant will fence and plant trees to limit views from the nearest adjacent property. The Wireless Policy and Zoning Ordinance aim to mitigate or minimize visual impacts as opposed to making Tier II facilities disappear from view. The “Java Brown” color of the proposed monopole and flush mounted antennas will further limit views of the facility. The Wireless Policy states that personal wireless facilities that are well sited will almost always be less visible, but siting does not guarantee invisibility. Based on the results of the balloon tests, staff recommends approval of the proposed Tier II facility at 7 feet above the reference tree. The applicant must demonstrate to the satisfaction of Board of Supervisors that there is not a material difference in the visibility of the monopole at the proposed height of 10 feet above the tallest tree, rather than at a height seven (7) feet taller than the reference tree. If the Board of Supervisors chooses to deny the application, it shall identify which requirements were not satisfied, and inform the applicant what needs to be done to satisfy each requirement. BUDGET IMPACT: This item has no budget impact RECOMMENDATIONS: Staff recommends that the Board take the following actions in the following order: 1. Staff recommends the Board reverse the decision of the Architectural Review Board (ARB), grant the certificate of appropriateness without conditions, and clarify that it is the role of the Planning Commission rather than the ARB to evaluate the visibility of personal wireless service facilities for future Tier II applications. AGENDA TITLE: Appeal of Planning Commission and Architectural Review Board Decisions on Singleton (AT&T) Tier II Personal Wireless Facility July 14, 2010 Page 3 2. Staff recommends the Board approve the proposed Tier II facility at 7 feet above the reference tree unless the applicant demonstrates to the satisfaction of the Board that there is not a material difference in the visibility of the monopole at the proposed height of 10 feet above the tallest tree, rather than at a height seven (7) feet taller than the reference tree. ATTACHMENTS Attachment I: Planning Commission Staff Report Attachment II: Vicinity Map Attachment III: ARB March 15th 2010 Action Attachment IV: ARB May 3rd 2010 Action Attachment V: March 15th, ARB minutes Attachment VI: May 3rd, 2010 ARB minutes Attachment VII: Letter from Mark Graham to Planning Commission Attachment VIII: Planning Commission Action 06-22-2010 Attachment IX: Applicants Simulation of proposal Attachment X: Applicants Simulation of proposal Attachment XI: June 9th Executive Summary Return to regular agenda 1 ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: SDP 2010-3 Singleton Property (AT&T) Tier II PWSF Staff: Gerald Gatobu, Principal Planner, Brent Nelson- Senior Planner, ARB. Planning Commission Public Hearing: June 22nd, 2010 Board of Supervisors Hearing: N/A Owners: Singleton Ann P. Applicant: AT&T, Gerry Sharp Acreage: 2.089 (Lease Area: 600 square feet) Rezone from: Not applicable Special Use Permit for: Not applicable TMP: Tax Map 58A1, Parcel 40F1 Location: 2856 Morgantown Road [State Route 738] approximately 600 feet from the intersection of Morgantown Road [State Route 738] and Ivy Road [State Route 250]. By-right use: VR, Village Residential and EC, Entrance Corridor Overlay Magisterial District: Samuel Miller Proffers/Conditions: No Requested # of Dwelling Units/Lots: N/A DA - RA - X Proposal: Proposal to install a Tier II personal wireless service facility. The proposed facility will consist of a 69-foot tall monopole and associated equipment. The monopole will be (10) ten feet above the reference tree. Comp. Plan Designation: Rural Area in Rural Area 3 Character of Property: The proposed site is located on a parcel with an entrance off Morgantown Road [State Route 738]. The lease area is wooded and there is an existing residential structure on the property. Use of Surrounding Properties: Single-family Residential Homes Factors Favorable: Proposal meets the requirements of Section 5.1.40.a and will be installed and operated in compliance with section 5.1.40.d Criteria (1) through (8) Factors Unfavorable: This personal wireless service facility has not satisfied all conditions of the Architectural Review Board. Recommendation: This proposal meets the requirements of Section 5.1.40.a, and will be installed and operated in compliance with section 5.1.40.d Criteria (1) through (8), however, Architectural Review Board conditions have not been satisfied because a certificate of appropriateness for this project has not yet been approved. A hearing on the appeal of the ARB’s denial of the certificate of appropriateness for this project is scheduled for July 14th, 2010. Staff cannot recommend approval of this personal wireless facility. 2 STAFF CONTACT: Gerald Gatobu; Brent Nelson PLANNING COMMISSION: June 22nd, 2010 AGENDA TITLE: SDP 2010-3: Singleton Property – AT&T- Personal Wireless Service Facility PROPERTY OWNER: Singleton Ann P. APPLICANT: Gerry Sharp, AT&T PROPOSAL: Request for approval of a treetop personal wireless service facility with a steel monopole that would be approximately 69 feet tall (10 feet above the height of the reference tree), within a 20 x 30 foot lease area. This application is being made in accordance with section 12.2.1.(16) of the Zoning Ordinance, which allows for Tier II wireless facilities by right in the Village Residential Zoning District. COMPREHENSIVE PLAN: The Comprehensive Plan designates this property as Rural Area in Rural Area 3. CHARACTER OF THE AREA: The proposed site is located on a parcel adjoining the north side of Morgantown Road (State Route 738), approximately 600’ southwest of the intersection with Route 250. The lease area is heavily wooded and situated approximately 300’ south of the Route 250 right-of-way. This section of the Route 250 entrance corridor includes a mix of small commercial businesses, and patches of mixed hardwood/evergreen forest amongst single family homes. (Attachment B). PLANNING AND ZONING HISTORY No planning and zoning history was found for this parcel. STAFF COMMENT: Section 3.1 provides the following definitions that are relevant to this proposal: Tier II personal wireless service facility: A personal wireless service facility that is a treetop facility not located within an avoidance area. Treetop facility: A personal wireless service facility consisting of a self-supporting monopole having a single shaft of wood, metal or concrete no more than ten (10) feet taller than the crown of the tallest tree within twenty-five (25) feet of the monopole, measured above sea level (ASL), and includes associated antennas, mounting structures, an equipment cabinet and other essential personal wireless service equipment. 3 Avoidance area: An area having significant resources where the siting of personal wireless service facilities could result in adverse impacts as follows: (i) any ridge area where a personal wireless service facility would be skylighted; (ii) a parcel within an agricultural and forestal district; (iii) a parcel within a historic district; (iv) any location in which the proposed personal wireless service facility and three (3) or more existing or approved personal wireless service facilities would be within an area comprised of a circle centered anywhere on the ground having a radius of two hundred (200) feet; or (v) any location within two hundred (200) feet of any state scenic highway or by-way. Section 5.1.40(d), “Tier II facilities” states: (Emphasis Added) “Each Tier II facility may be established upon commission approval of an application satisfying the requirements of subsection 5.1.40(a) and demonstrating that the facility will be installed and operated in compliance with all applicable provisions of this chapter, criteria (1) through (8) below, and satisfying all conditions of the architectural review board. The commission shall act on each application within the time periods established in section 32.4.2.6. The commission shall approve each application, without conditions, once it determines that all of these requirements have been satisfied. If the commission denies an application, it shall identify which requirements were not satisfied and inform the applicant what needs to be done to satisfy each requirement.” Per section 5.1.40.d above, the Planning Commission can approve each tower application when: a) Requirements of subsection 5.1.40(a) are satisfied b) The applicant demonstrates that the facility will be installed and operated in compliance with all applicable provisions of this chapter, criteria (1) through (8) c) All conditions of the architectural review board are satisfied The Planning Commission shall approve each application, without conditions once it determines that all of the above requirements have been met. The applicant has submitted an application that satisfies the requirements set forth in Section 5.1.40(a) and demonstrated that the facility will be installed and operated in compliance with all applicable provisions of this chapter, criteria (1) through (8) shown below. The applicant has not satisfied all conditions of the Architectural Review Board because a certificate of appropriateness has not yet been approved. Several balloon tests were performed at the location of the proposed facility [Attachment C]. On May 3rd 2010, the Architectural Review Board reviewed this request for compliance with the County’s design guidelines for the entrance corridor [State Route 250] and denied the application. [Attachment D]. Section 5.1.40(d)(1): The facility shall comply with subsection 5.1.40(b) and subsection 5.1.40(c)(2) through (9). Staff has determined that the proposed facility’s location complies with all of the exemptions of Section 5.1.40(b) and the proposed equipment meets all relevant design, mounting and size criteria that are set forth in Section 5.1.40(c)(2) and (3). The remainder of subsection (c) 4 provides requirements that are subject to enforcement if the facility is approved. Section 5.1.40(d)(2): The site shall provide adequate opportunities for screening and the facility shall be sited to minimize its visibility from adjacent parcels and streets, regardless of their distance from the facility. If the facility would be visible from a state scenic river or a national park or national forest, regardless of whether the site is adjacent thereto, the facility also shall be sited to minimize its visibility from such river, park or forest. If the facility would be located on lands subject to a conservation easement or an open space easement, the facility shall be sited to so that it is not visible from any resources specifically identified for protection in the deed of easement. The proposed facility includes a monopole that would have a height of approximately 69 feet above ground level or 662 feet above mean sea level (AMSL). The height of the reference tree is 59 feet above ground level or 652 feet above mean sea level (AMSL) and is located within 25 of feet of the proposed monopole. A balloon test was conducted on February 10th, 2010. The balloon was flown 14 feet east of the proposed monopole site. Overhead branches prevented the balloon from being flown at the exact monopole location. The balloon was visible for a distance of approximately 300’ along the State Route 250 West Entrance Corridor at the proposed elevation of 69 feet, or 10’ above the top of the reference tree, however it must be noted that as we drove down the slope towards Ivy and the Exxon gas station, telephone poles, electric and telephone wires, signs, and buildings also appeared in our view. As a comparison, the balloon was lowered so that it was only 7’ above the reference tree, or 66 feet. The balloon was visible for the same distance along the entrance corridor. At both elevations, the balloon was directly visible along State Route 250 west as one approached the Exxon gas station in Ivy. The balloon gradually disappeared from view as one drove down towards Duners restaurant and Ivy Commons on State Route 250 west. The balloon was minimally visible along Morgantown Road. In an effort to minimize the visibility of the monopole from adjacent parcels and streets and based on the visibility results of the first balloon test, the applicant decided to conduct a second balloon test on February 23rd 2010. The balloon was flown to a height of 63 feet (4 feet above the reference tree), and 14 feet east of the proposed monopole location. The balloon was visible for the same distance along the entrance corridor as the previous balloon test. At four (4) feet above the reference tree, the balloon was directly visible along State Route 250 west as we approached the Exxon gas station in Ivy. Telephone poles, electric and telephone wires, signs, and buildings also appeared in our view. The balloon gradually disappeared from view we drove down past the Exxon gas station towards the Ivy Railroad Bridge, Duners restaurant, and Ivy Commons on State Route 250 west. The balloon was minimally visible along Morgantown Road. The results of the February 10, 2010 and February 23, 2010 balloon tests were presented to the Architectural Review Board on March 15, 2010. The Architectural Review Board, by a vote of 4:0, denied the applicant’s request (Attachment D). The applicant appealed the ARB decision to the Board of Supervisors, but withdrew the appeal. A new location 13.5 feet northwest of the proposed monopole location that would simulate a more accurate representation of the proposed monopole location was chosen as a new launch site for a third balloon test. A balloon test at this new location had been privately conducted by the applicant and the results included in the Architectural Review Board appeal to the Board of Supervisors. Upon recommendation from architectural review board staff, the applicant withdrew the appeal so that staff could attend a balloon test at the new location cited in the Board of Supervisors appeal. The project was then referred back to the Architectural Review Board for 5 review and action. To show further effort in reducing the proposed monopoles visibility from adjacent parcels and streets, the applicant agreed to conduct a third balloon test at the new location 13.5 feet northwest of the proposed monopole location. Staff attended a third balloon test on Friday, April 16, 2010. Again, due to existing overhead branches, the balloon was launched from a location approximately 13.5’ northwest of the proposed monopole. The balloon was flown to the height of the monopole, 69 feet and 10’ above the reference tree. The balloon was visible and oriented directly in front of the viewer while descending the hill on State Route 250 West at Ivy for a distance of approximately 300’. The balloon was visible in the vicinity of three evergreen trees which appeared to the left and right of the balloon. Additionally, telephone poles, electric and telephone wires, signs, and buildings also appeared in our view as we descended the hill at Ivy. The balloon continued to be visible, but to a lesser degree, as one drove down past the Exxon gas station towards the Ivy Railroad Bridge, Duners restaurant, and Ivy Commons on state route 250 west [Attachment C]. The balloon was not visible from other points along Route 250 west. The lease area and associated ground equipment will not be visible from the entrance corridor or along Morgantown Road. The results of the April 16th, 2010 balloon test were presented to the Architectural Review Board on May 3rd, 2010. The Architectural Review Board, by a vote of 3:1, denied the applicant’s request (Attachment D). The applicant appealed the Architectural Review Board decision to the Board of Supervisors. On June 10th 2010, the Board of Supervisors by a vote of 6:0 deferred the Architectural Review Board appeal (ARB-2010-02) to their July 14, 2010 meeting The monopole at the proposed elevation of ten (10) feet above the reference tree will be visible from State Route 250 west. The Architectural Review Board denied the tower application based on the degree of visibility at one location along the entrance corridor [State Route 250 west] (Attachment C). The personal wireless facility must be sited to minimize its visibility from adjacent parcels and streets. It is important to note that the wireless policy and Zoning Ordinance aim to mitigate or minimize visual impacts as opposed to making personal wireless facilities disappear from view. The “Java Brown” color of the monopole and antennas is expected to further limit views of the facility. Section 5.1.40(d)(3): The facility shall not adversely impact resources identified in the county’s open space plan. The County’s wireless service facilities policy encourages facilities with limited visibility, facilities with adequate wooded backdrop, and facilities that do not adversely impact Avoidance Areas. This personal wireless facility is not located in an Avoidance Area. The proposed monopole is expected to be visible for a relatively short period of time at a particular point when traveling west on the Ivy Road [State Route 250 west] entrance corridor. The posted speed limit for State Route 250 west is 35 miles per hour while traveling west towards the proposed monopole location. The monopole is not visible along other areas of State Route 250 adjacent to Duners restaurant and Ivy Commons. Similarly, the monopole is minimally visible from most areas along Morgantown Road. Staff’s analysis of this request addresses the concern for the possible loss of aesthetic or historic resources. The proposed lease area is not delineated as a significant resource on the Open Space Concept Map. Staff believes there is no significant loss of resources related to the installation of the proposed monopole. 6 Section 5.1.40(d)(4): The facility shall not be located so that it and three (3) or more existing or approved personal wireless service facilities would be within an area comprised of a circle centered anywhere on the ground having a radius of two hundred (200) feet. There is no existing personal wireless service facility located within an area comprised of a circle centered anywhere on the ground having a radius of two hundred (200) feet. Section 5.1.40(d)(5): The maximum base diameter of the monopole shall be thirty (30) inches and the maximum diameter at the top of the monopole shall be eighteen (18) inches. Notes on the site plan for this facility propose a monopole diameter not to exceed 30 inches at the base or 18 inches at the top. These dimensions comply with the maximum width requirements for treetop monopoles serving Tier II facilities. Section 5.1.40(d)(6): The top of the monopole, measured in elevation above mean sea level, shall not exceed the height approved by the commission. The approved height shall not be more than seven (7) feet taller than the tallest tree within twenty-five (25) feet of the monopole, and shall include any base, foundation or grading that raises the pole above the pre-existing natural ground elevation; provided that the height approved by the commission may be up to ten (10) feet taller than the tallest tree if the owner of the facility demonstrates to the satisfaction of the commission that there is not a material difference in the visibility of the monopole at the proposed height, rather than at a height seven (7) feet taller than the tallest tree; and there is not a material difference in adverse impacts to resources identified in the county’s open space plan caused by the monopole at the proposed height, rather than at a height seven (7) feet taller than the tallest tree. The applicant may appeal the commissioner’s denial of a modification to the board of supervisors as provided in subsection 5.1.40(d)(12). As mentioned previously in this report, the proposed monopole would have a height of approximately 662 feet above mean sea level (AMSL). The height of the reference tree is approximately 652 feet above mean sea level (AMSL). The proposed monopole will be ten (10) feet taller than the tallest tree within twenty-five (25) feet. Several balloon tests were conducted in an effort to minimize the visibility of the monopole from adjacent parcels and streets as indicated above. The wireless policy states that personal wireless facilities that are well sited will almost always be less visible, but siting does not guarantee invisibility. Based on the results of the balloon tests, staff would have recommend approval of the proposed personal wireless facility at 7 feet above the reference tree. The applicant/owner of the facility would have had to demonstrate to the satisfaction of the commission that there is not a material difference in the visibility of the monopole at the proposed height of 10 feet above the tallest tree, rather than at a height seven (7) feet taller than the reference tree. However, because a certificate of appropriateness for this project has not yet been approved staff cannot recommend approval of this personal wireless facility. A hearing on the appeal of the ARB’s denial of the certificate of appropriateness for this project is scheduled for July 14th, 2010 Section 5.1.40(d)(7): Each wood monopole shall be a dark brown natural wood color; each metal or concrete monopole shall be painted a brown wood color to blend into the surrounding trees. The antennas, supporting brackets, and all other equipment attached to the monopole shall be a color that closely matches that of the monopole. The ground equipment, the ground equipment cabinet, and the concrete pad shall also be a color that closely matches that of the monopole, provided that the ground equipment and the concrete pad need not be of such a color 7 if they are enclosed within or behind an approved structure, façade or fencing that: (i) is a color that closely matches that of the monopole; (ii) is consistent with the character of the area; and (iii) makes the ground equipment and concrete pad invisible at any time of year from any other parcel or a public or private street. The applicant is proposing the installation of a facility with a steel monopole. The proposed color for the tower and equipment cabinets is Sherwin Williams brown paint (Java Brown) to match existing surroundings. Section 5.1.40(d)(8): Each wood monopole shall be constructed so that all cables, wiring and similar attachments that run vertically from the ground equipment to the antennas are placed on the pole to face the interior of the property and away from public view, as determined by the agent. Metal monopoles shall be constructed so that vertical cables, wiring and similar attachments are contained within the monopole’s structure. A note on the site plan indicates that vertical cables, wiring and similar attachments will be located inside the monopole. Section 704(a)(7)(b)(I)(II) of The Telecommunications Act of 1996: The regulation of the placement, construction and modification of personal wireless facilities by any state or local government or instrumentality thereof shall not prohibit or have the effect of prohibiting the provision of personal wireless services. The Telecommunications Act addresses concerns for environmental effects with the following language, “No state or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commissions’ regulations concerning such emissions.” In order to operate the proposed facility, the applicant is required to meet the FCC guidelines for radio frequency emissions. These requirements will adequately protect the public health and safety. It is staff’s opinion that the denial of this application would not have the effect of prohibiting the provision of personal wireless communication services. RECOMMENDATION: This proposal meets the requirements of Section 5.1.40.a, and will be operated in compliance with section 5.1.40.d Criteria (1) through (8). A third requirement for approval, that the applicant satisfy all conditions of the Architectural Review Board, has not yet been met because a certificate of appropriateness for the project has not yet been approved. A hearing on the appeal of the ARB’s denial of the certificate of appropriateness for this project is scheduled for July 14, 2010. Therefore staff cannot recommend approval of this Tier II personal wireless facility at this time because the Planning Commission can only approve this application when all of the above requirements, including the conditions of approval of a certificate of appropriateness have been met. 8 ATTACHMENTS: A. Site Plan B. Vicinity Maps C. Balloon photos at proposed location D. ARB March 15th and May 3rd 2010 Action E. ARB March 15th and May 3rd 2010 minutes F. Letter from Mark Graham (Director of Community Development) GIS-Web Geographic Data Services www.albemarle.org (434) 296-5832 Lakes and Reservoirs Major Streams Other Streams Overview Roads Primary Roads Secondary Roads Overview Roads - City Parcels Ponds Railroad Bridges Railroads Road Bridges Road Centerlines Road Centerlines - City Roads Roads - City Tax Map Grid Y2009 .5-1 ft Orthophotography SDP2010-3 Singleton Tier II PWSF Aerial Map Legend (Note: Some items on map may not appear in legend) Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources June 15, 2010 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 March 19, 2010 Williams Mullen c/o Kathryn M. Carmichael, Esq. 321 E. Main St., Suite 400 Charlottesville, VA 22902 RE: ARB-2010-02: Singleton (AT&T) Tax Map 58A1, Parcel 40F1 Dear Ms. Carmichael: The Albemarle County Architectural Review Board reviewed the above-noted item at its meeting on Monday, March 15, 2010. The Board, by a vote of 4:0 denied the request to construct a treetop personal wireless service facility with a height of 10’ above the reference tree. If you have any questions, please do not hesitate to contact me. Sincerely, Brent Nelson Landscape Planner cc: Singleton, Ann P P O Box 58 Ivy Va 22945 Gerald Gatobu, Current Development File COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 May 5, 2010 Kathryn M. Carmichael c/o Williams Mullen 321 E. Main St., Suite 400 Charlottesville, Va. 22902 RE: ARB-2010-02: Singleton (AT&T) Tax Map 58A1, Parcel 40F1 Dear Ms. Carmichael: The Albemarle County Architectural Review Board, at its meeting on May 3, 2010, reviewed the above-noted request for a Certificate of Appropriateness. By a vote of 3:1 the Board affirmed the Architectural Review Board’s March 15, 2010 decision to deny the Certificate of Appropriateness for ARB-2010-02, Singleton (AT&T) Final Review of a Site Development Plan, noting that there was not a sufficient amount of information or change in information to warrant a change in decision. This decision may be appealed to the Board of Supervisors within ten (10) calendar days of the decision. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296-5832 ext. 3272. Sincerely, Brent Nelson Landscape Planner cc: Singleton, Ann P P O Box 58 Ivy Va 22945 File ALBEMARLE COUNTY ARCHITECTURAL REVIEW BOARD - PAGE 1 3-15-2010 DRAFT MINUTES – SUBMITTED FOR APPROVAL ARCHITECTURAL REVIEW BOARD MINUTES March 15, 2010 The Albemarle County Architectural Review Board met on Tuesday, March 15, 2010, 1:00 p.m., Second Floor, Auditorium, County Office Building, Charlottesville, Virginia. Those members present were Bill Daggett, Vice Chair; Charles T. Lebo, Paul Wright and Bruce Wardell. Fred Missel, Chairman was absent. Staff members present were Margaret Maliszewski, Eryn Brennan and Brent Nelson. Greg Kamptner, Deputy County Attorney, was present. CALL TO ORDER Mr. Daggett called the meeting to order at 1:02 p.m. and established a quorum. PUBLIC COMMENT Mr. Daggett invited public comment. There being no public comment, the meeting moved to the next item. REGULAR REVIEW ITEMS ARB-2010-02: Singleton (AT&T) - Preliminary Review of a Site Development Plan – (Tax Map 58A1, Parcel 40F1) Proposal: To construct a treetop personal wireless service facility with a height of 10’ above the reference tree. Brent Nelson summarized the staff report. This is a preliminary review of a telecommunications facility to be located on a parcel adjoining the north side of Morgantown Road approximately 600 feet southwest of the intersection with US Route 250. The facility as originally proposed would consist of a 69 foot tall steel monopole with three antennas all painted Java Brown at a height 10 feet above the 11” caliper Ash reference tree. One proposed equipment pad and one future generator would be located on the concrete pad located in the 20’ X 30’ lease area. The lease area is heavily wooded and situated approximately 65’ above and 300’ south of the Route 250 West right-of-way. Access to the site is provided by an existing paved driveway located within a proposed 20’ wide ingress/egress utility easement. Kathryn Carmichael, with Williams Mullen representing the applicant AT&T, is present and has received the staff report. The ARB staff attended a balloon test on February 4, 2010. The balloon was raised from the location of the proposed monopole and to the height of the monopole 10’ above the reference tree. The balloon was highly visible and sky-lit from a section of Route 250 East of the railroad overpass. The balloon was oriented directly in front of the viewer and visible for a distance of approximately 650’ while descending down the hill westbound into the village of Ivy. Lowering the balloon from 10’ to 7’ did not result in a material difference in its visibility. The balloon was not visible from points along Route 250 west of the site. The balloon’s visibility from points along Route 250 West adjacent to the site was sufficiently mitigated by the wooded area in between. That location is directly in front of the Duner’s Restaurant. The lease area and the associated ground equipment are not expected to be visible. Due to the balloon’s high degree of visibility at both the 7’ and 10’ elevations the applicant was asked if reducing the monopole height to 4’ above the reference tree would provide the coverage ALBEMARLE COUNTY ARCHITECTURAL REVIEW BOARD - PAGE 2 3-15-2010 DRAFT MINUTES – SUBMITTED FOR APPROVAL needed. The applicant indicated that a 4’ height would be acceptable; however, the 7’ or 10’ elevations would be preferable. A second balloon test was conducted on February 23 with the balloon raised to a height of 4’ above the reference tree. There was not a material difference in the balloon’s visibility between the 4’, 7’ or 10’ elevations from the section of Route 250 east of the overpass where it was previously viewable. The balloon continued to be sky -lit and highly visible. A photo simulation provided by the applicant, known as attachment D in the report, demonstrates the high degree of visibility and the sky-lit appearance of this proposal at 4’ above the reference tree. The primary issues have to do with: 1. Anticipated visibility of the monopole from the Entrance Corridor; and 2. Impacts, by grading and site design, on the reference tree and other existing trees designated to remain. Staff does not recommend approval of the proposed telecommunications facility at the 4’, 7’ and 10’ elevations above the reference tree. If the proposed facility is approved, the following comments would need to be addressed as outlined in the staff report. 1. Revise all applicable drawings to indicate which type of tree protection is to be temporary, which is to be permanent and what grading, if any, is proposed. Provide verifi cation from a certified arborist that the location of the proposed concrete equipment pad, monopole and all required grading will not harm the existing trees currently designated as remaining. Provide a tree conservation plan with measures proposed that would limit impacts of this proposal on all existing trees designated as remaining. 2. Consider replacing the proposed double staggered row of Leyland Cypress trees with Virginia Red Cedars, 10’ on center, located in an irregular, natural pattern, as permitted by the limits of the planting area. Mr. Daggett invited the applicant to address the ARB. Applicant Presentation: Kathryn Carmichael, with Williams Mullen representing AT&T, presented a PowerPoint presentation and explained the proposal. AT&T is proposing to improve wireless telecommunications coverage in Albemarle County along Route 250, which is a heavily traveled area as well as a business and residential area. There are currently locations where customers drop their calls or have no coverage at al l. So AT&T is proposing this tower in order to provide better quality and reliable service in the area. The application meets all of the standard requirements contained in the County’s ordinance. Staff’s recommendations would be addressed at the very end of the presentation. Generally, AT&T carefully chose this location and went through a number of different evaluations to determine the location. The location is at the corner of Morgantown Road around Route 250. She reviewed several photographs taken in the summer when they first evaluated this area to provide a better idea of the location of the lease area. The existing driveway will be used for the access route. There will not be any further disturbance for access. The lease area will be to the right of the driveway. They are proposing, with the installation of the compound as well as the tower, to remove about seven trees. For the most part it is a very heavily wooded area and the remainder of the trees is going to stay the same. They will screen the tower and the compound from both the land owner as well as from the ALBEMARLE COUNTY ARCHITECTURAL REVIEW BOARD - PAGE 3 3-15-2010 DRAFT MINUTES – SUBMITTED FOR APPROVAL neighboring land owner. The application in front of the ARB is proposed for 69’, which is 10’ above the reference tree. In her PowerPoint presentation Ms. Carmichael reviewed photo simulations from various locations in both the summer and winter seasons. She explained how the tree coverage in the area would provide screening to mitigate the visibility of the monopole from Route 250 and several neighboring properties. The Wireless Policy for Albemarle County is a compromise system where they traded 200’ towers, which would be visible from more areas, for smaller, less visible towers. But, unfortunately the way the wireless communications works they cannot make towers invisible. The towers have to be able to see each other as well as to provide signals in order to provide coverage to the areas. This is a unique area because the coverage that they are trying to get on Route 250 is essentially down a hole. The reason this tower is situated where it is, would be to cover that hole. They cannot make the tower invisible. There are telephone poles right next to the road that are not screened by trees. The tower is actually screened . They have done a good job of mitigating the view of the tower by placing it on a heavily wooded area, which also provides screening for the ground equipment. The fact that they will see it easier perhaps more than other towers that she has recently brought before the ARB did not mean that it was not worthy of approval. They can’t always make towers as short or as invisible as they would like to be. During the winter months there are other trees around the site including pines and deciduous trees. As mentioned, they are aware of the concerns of the neighbors to the right of the Singleton’s property. They met with that neighbor and had discussed planting some landscaping so as to mitigate their view. There also will be a fence around the compound that will help mitigate the ground equipment visibility. In a display she noted the holes in coverage along Route 250 for building and vehicle coverage used by consumers, which was the coverage they are trying to provide. In street coverage it basically means that they will have to be standing outside their vehicl e or out of the building on the street in order to get a signal. In a small area along Route 250 there are three holes that they are covering. With this tower being built they will gain significant coverage so that Route 250 is fully covered in buildings and vehicles. They also cover roads that are primarily residential along Owensville and Morgantown Roads as well as Martha’s Way. Even on Owensville Road and along the first part of Morgantown Road there is limited to no coverage for AT&T. She spoke specifically to how this location was chosen. AT&T always first looks to other buildings that are already built or other towers in the area. In this particular circumstance there was nothing that worked to cover the area. They approached St. Paul’s Church with a request to co-locate as they have an Intelos facility in their steeple. Unfortunately, there was not enough room for AT&T to locate equipment in the building. Therefore, the church was not willing to let AT&T go in their church facilities. The next best option was this property. They feel this property meets all of the requirements, provides their coverage and is a good option. They certainly looked first at buildings in other areas. In addressing staff’s concerns regarding tree protection they will provide an arborist’s report. There was a suggestion that a Red Cedar could be used instead of the proposed Leyland Cyprus , which they are amendable to. She suggested that Holly or something similar might work. They are open to the ARB’s suggestions. She stressed that the technology does not allow for towers to be invisible and they feel that this site is as mitigated as it possibly could be. She would be happy to answer questions. Mr. Lebo asked staff if the base of the tower is far enough back so that it will not be visible from the road. Mr. Nelson replied that the base or ground equipment would not be visible from the road. ALBEMARLE COUNTY ARCHITECTURAL REVIEW BOARD - PAGE 4 3-15-2010 DRAFT MINUTES – SUBMITTED FOR APPROVAL Mr. Daggett invited public comment. Jim Soffit, resident of 2850 Morgantown Road, noted that he appreciates what Ms. Carmichael said about trying their best to mitigate the scope of the tower. In order to keep this brief he would speak for a number of his neighbors who were unanimous in opposition to this project on several grounds. They have collected a number of signatures from County residents concerned about this since this tower request is not limited to just the intermediate neighbors. They certainly feel that the proposed monopole would be a very bad idea and recommended its rejection for the following reasons. 1. The first is what they see before the ARB. They have their own photographs taken during the balloon test at both the 69’ and 63’ height, which demonstrate that this is going to be a radical change in the sight lines particularly from the western approach on Route 250, but also from the neighborhood. He felt that speaks for itself in terms of the impact that this is going to place along the Scenic Route 250 Corridor. 2. The other issue is in regards to the houses being concentrated very closely along Morgantown Road. Both Mr. Gibson’s and his property share the driveway with Ms. Singleton at 2856 Morgantown Road. The tower is pretty close in the middle of a residential neighborhood and not something that is simply removed as one is driving in along Route 250. While the base itself may not be visible further off, it would certainly be visible in the winter months from 2850, from his upstairs and the Gibson property. During the summer Virginia Power did some pruning along the road that removed a lot of the vegetation that covered up the driveway to 2856. That is the area where the main power lines run up to the back of the home and along Morgantown Road. This created a thinned out look in that area prior to the balloon tests. 3. Generally from an architectural standpoint this is a historic neighborhood where all of the immediate houses across Ivy Depot Road and along Morgantown Road, except two, were all built before 1900. Owners such as himself take enormous pains in compliance with the County’s recommendation that he received when he purchased the house to keep the property original and to spend a great deal of care in maintaining the historic nature of the Village of Ivy. To place this type of tower dead center in not only any residential district, but one of this age, is something they think is a terrible idea. For those reasons and the sight lines they oppose the request. Trevor Gibson, resident of 2852 Morgantown Road, said that he moved in about a month ago and found this request very surprising. He passed out photographs taken from his house from various rooms. This is a residential neighborhood and not a commercial area. The lots are one and two acre lots. The tower location simulation is nice, but they all know that in the spring, winter and fall there is no vegetation on the trees. There is only vegetation on the trees for about seven months of the year and not nine or ten months. The proposed tower location is in the middle of the residential neighborhood and would have negative effects. The tower will be considerably visible from everywhere in his yard and from many other places along Route 250 including the Duner Restaurant. Ms. Singleton does not live on the property. He would not talk about diminished property value. The proposed monopole would have a significant impact on sight lines, visibility and the history of the neighborhood. Bringing the c ity out to the Ivy area is very frustrating. AT&T may have some issues along that way, but they do have some coverage because his father has been out there and does have some coverage. He and most of his neighbors are on other networks. In conclusion, he opposed this tower. Amy Viligente, resident of 2930 Morgantown Road, said she had AT&T. She has been monitoring the coverage and occasionally drops coverage under the railroad track. She has coverage at this point and only drops coverage occasionally. It is not as bad as the simulation showed. ALBEMARLE COUNTY ARCHITECTURAL REVIEW BOARD - PAGE 5 3-15-2010 DRAFT MINUTES – SUBMITTED FOR APPROVAL There being no further public comment, Mr. Daggett closed the public hearing to bring the matter before the ARB. Board Discussion: Mr. Wright said that he understood the views from the homes from looking at the pictures. But, legally he is not allowed to use those in his consideration and can only consider the view on the Entrance Corridor. The view going west coming into Ivy on Route 250 is a long view and will be seen for quite some time. Referring to two photographs provided, he noted that long view is what made it unacceptable. If it were just a brief view for a second or two, he could understand it. He had not seen a cell tower in a long time that is this prominent visually for such a long period of time . The view coming into Ivy is prominent for a long period of time. He would be able to see this literally for 30 to 40 seconds, which makes it unacceptable. The base and how it is seen from the neighbors is not unimportant, but it does not override that one view. For that one view he could not see the ARB’s approval of the request today. Mr. Lebo agreed with Mr. Wright. When he first saw this application he thought that the tower would just be a few feet above the trees and not be visible for a very long period of time. After seeing the photographs he agreed that this is too large of a project for that area. Mr. Wardell noted that one speaker referred to Ivy as a historic village. He was unaware of its designation. Ms. Maliszewski said that it was not a nationally registered district, but it has historic properties in it. She did not know if there are any historic properties in the intermediate area that are individually listed on the National Register list. That also does not mean that they would not be eligible if that work had been done. Mr. Wardell noted that this was something that staff might be able to provide. It would be interesting to see if there was a comprehensive study of that area in terms of what options they have for providing coverage. He questioned if this just happens to be somebody that is willing to provide a site. He asked to see a technical study of what other options they have. He had similar kinds of visual concerns, but was not sure that they could not be overcome. He did not think that view is a significantly offensive view in terms of the monopole. He would like to see what other options there are. He asked if the applicant has any information that would help them there. Ms. Carmichael replied that she could briefly address that. As mentioned this is a small area of coverage they are trying to get. So the search ring for where they try to find locations for land owners who are willing is quite small in this area specifically because of the topography of the area. They approached St. Paul’s Church. They also sent letters to some of the adjacent land owners. She believed Mr. Soffit did receive one of the letters. Obviously, in this circumstance as soon as they find a property that works with a willing land owner they stop searching. They were the only ones in the area who were a willing land owner. Again, because of the topography it is a unique situation where even though there are sites across the street on the more commercial side, it does not work to cover the area. The higher elevation is what helps to cover the three areas. Otherwise, they would have multiple poles in the area. As Mr. Nelson mentioned the visibility was about 650’, which was less than ten seconds where the monopole is seen at the view he was concerned with. Obviously, the monopole is visible at the bottom at the Exxon Station. But, it is a short period of time when going the speed limit along that road. She asked that the ARB keep that in mind. ALBEMARLE COUNTY ARCHITECTURAL REVIEW BOARD - PAGE 6 3-15-2010 DRAFT MINUTES – SUBMITTED FOR APPROVAL Mr. Lebo noted that some of the neighbors reported that if they had Verizon or other users that they seem to have a strong signal. He asked if AT&T might be able to rent a portion of one of the other provider’s cell tower so they would not need an extra one. Ms. Carmichael replied that the engineers looked at that at the very beginning. There is no t ower in the area that AT&T could co-locate on that would get the signal strengths to the area that they were looking at. Just because Verizon coverage gets to Route 250 their signal strength might be able to reach longer than what AT&T’s signal would. There is nothing in the area to co-locate on in order for AT&T to fill those three holes. The simulation provided for the propagation maps showed the coverage, although it had been mentioned that there are certain areas that do drop the call such as specifically underneath the bridge. Those are definitely holes. The information provided as to where the holes are is actual information and not simulated information. They are trying to provide reliable coverage where someone does not drop a call. That is the whole point. Mr. Wardell said the most offensive components of this are components that they don’t have under their jurisdiction. The view from 250 he did not find as a terribly offensive view. If it were a historic district and they had some control in the historic district, he finds the small views in the introduction of this kind of facility into this neighborhood more problematic than the view of the monopole from the sky line out on the street. But, the ARB does not have that jurisdiction. The frustrating thing in this is when he sees their photographs of what it does to the neighborhood he feels that it is really nasty. When he sees the view from the highway it is only ten seconds of that which he does not find overly offensive. Unfortunately, the most distress that this installation would create is something that the ARB does not have a jurisdiction over. Mr. Wright felt that the view for ten seconds is wildly optimistic traveling at regular speeds on the road. He felt that it was a much longer view than that. This tower would be significantly higher above the trees than anything the ARB has approved in a number of years. It seems to make a mockery of the ten foot rule. It is ten foot on one side, but it is not ten foot on the side that matters . With the view from the Entrance Corridor being his purview, he felt that it was going to be very hard to tell the next person yes that they just did it in this case. He also thinks that a lot of time they never hear if they dropped this down to a level at which it would conform to what they look at in terms of tree tops. He asked if it would be 80 percent, 60 percent or 50 percent of what they are looking for. It is not his job to make sure that they have 100 percent of the signal that they are looking for. It is his job to protect the view first and foremost. He has approved a number of these towers. In fact, they automated this project so they would not have to do this. But, this request was kicked out of that process for excellent reasons that are substantiated by photos and by staff. Mr. Wardell noted that he has only been on the board for a short period of time. He asked if this is in fact significantly a worse condition than others that have come through before. Ms. Maliszewski replied that there are very few if any that staff has brought to the ARB and not recommended approval of or approval with conditions. Therefore, she would say yes. Mr. Nelson noted that there is one thing that makes this a little bit different, which is the orientation of the view. One does not have to look to the left or right, which has been the case a number of times before. Mr. Daggett pointed out that during his time on the board it has been the case where it has not been in the major sight line of the road, or if it is it was trapped in the visual clutter of the trees. He agreed with Mr. Wright that because of the way one enters Ivy and the prominence of this view the fact that it is dead center and sticks out from the trees as far as it is that even at 4’ there was no material difference. He agreed this particular location is not one that this County needs to encourage for its Entrance Corridors. ALBEMARLE COUNTY ARCHITECTURAL REVIEW BOARD - PAGE 7 3-15-2010 DRAFT MINUTES – SUBMITTED FOR APPROVAL There will be other locations as they have to look for if this does not pass. But the idea is to place these in a location where it is not visually disturbing along the Entrance Corridor. It might be measured at ten seconds, but if one gets the slightest stop in traffic they could be sitting there looking at it for quite some time. Given what he has seen and the experience that they have had in tower locations normally being off to the side so that one almost has to strain to find them, he opposed the request. Motion: Mr. Wright moved for denial of the Certificate of Appropriateness for ARB-2010-02, Singleton (AT&T) Final Review of a Site Development Plan. Mr. Lebo seconded the motion. The motion carried by a vote of 4:0. (Missel absent) Mr. Gatobu pointed out that he was the planner for this project and just wanted to let the neighbors know that the request will be going to the Planning Commission on April 6th. OTHER BUSINESS Discussion of tree issues: On-site/off-site protection Greg Kamptner, Assistant County Attorney, discussed off-site tree issues with the ARB. Mr. Kamptner reviewed the EC Guidelines that pertain to trees and surrounding character and the parts of the EC se ction of the zoning ordinance that relate to landscape and buffering. It was clarified that grading and buffering in a proposed development can be addressed by the ARB if maintaining the character of the corridor requires it. EC ZTA: Update Staff updated the ARB on the status of the EC zoning text amendment, noting that the BOS asked to have the categories of the county-wide Certificates added to the text of the ordinance, and indicating that staff would bring to the April 5 ARB meeting some proposed re visions to the list of categories and to the benchmarks the ARB previously recommended for those Certificates. Staff further noted that they would be working on a reformatting of the EC Guidelines to renumber the text for easier reference in staff reports and at meetings. Staff Reports: Email to ARB? Staff asked the ARB if they would like to have staff reports sent to them via email. Mr. Lebo and Mr. Wright said they did not require the email version. Mr. Daggett and Mr. Wardell said they would like to have the reports emailed. Mr. Wright suggested that the staff reports be made available on line at the County’s website. Sign Handout: Staff presented a handout including twelve photos of freestanding signs in the Entrance Corridors to be used as examples of designs approved by the ARB. In consensus, the ARB made the following comments: 1. All of the images need explanatory captions, especially the Southland sign. 2. Remove the McDonald’s sign. 3. Because they are similar, choose the Riverside or Holly Memorial Gardens sign, and remove the Hess sign. ALBEMARLE COUNTY ARCHITECTURAL REVIEW BOARD - PAGE 8 3-15-2010 DRAFT MINUTES – SUBMITTED FOR APPROVAL 4. Because they are similar, choose the Harris Teeter sign or the Chrysler sign. 5. The animal hospital, BMW and Village Green signs are good examples. 6. The lack of planting at the bases is troublesome. 7. Glenwood isn’t complete. 8. The Wachovia sign looks austere. Brownsville Fence: Security fence Regarding the proposed security fence around the basketball court at Brownsville Elementary, the ARB confirmed that the proposed fence without the top rail in the darker green color would be acceptable. Approval of Minutes: January 19, 2010 and February 16, 2010. Motion: Mr. Lebo moved for approval of the minutes of January 19, 2010 and February 16, 2010 as submitted. Mr. Wright seconded the motion. The motion carried by a vote of 4:0. Other issues from the Board: 1. Mr. Lebo noted that the Sam’s Club railing had been repainted. 2. Mr. Wright noted that the utility enclosures at the Shops at Rio Road still were not revised to meet the ARB’s approved design. He also noted that one enclosure is left open a significant amount of time. 3. Mr. Wright suggested that ordinance updates be conveyed by email rather than in hard copies. Next ARB Meeting: April 5, 2010 ADJOURNMENT The meeting was adjourned at 2:27 p.m. to the next ARB meeting on April 5, 2010 in Room 241, Second Floor, County Office Building at 1:00 p.m. Bill Daggett, Vice Chairman (Recorded and transcribed by Sharon C. Taylor, Clerk to Planning Commission & Planning Boards) ALBEMARLE COUNTY ARCHITECTURAL REVIEW BOARD - PAGE 1 5-3-2010 FINAL MINUTES ARCHITECTURAL REVIEW BOARD MINUTES May 3, 2010 The Albemarle County Architectural Review Board met on Tuesday, May 3, 2010, 1:00 p.m., Room # 241, Second Floor, County Office Building, Charlottesville, Virginia. Those members present were Bill Daggett, Vice Chair; Charles T. Lebo, Bruce Wardell and Fred Missel, Chairman. Paul Wright was absent. Mr. Wardell arrived at 1:03 p.m. Staff members present were Margaret Maliszewski and Brent Nelson. CALL TO ORDER Mr. Missel called the meeting to order at 1:00 p.m. and established a quorum. PUBLIC COMMENT Mr. Missel invited public comment. There being no public comment, the meeting moved to the next item. REGULAR REVIEW ITEMS ARB-2010-02: Singleton (AT&T) - Preliminary Review of a Site Development Plan – (Tax Map 58A1, Parcel 40F1) Proposal: To construct a treetop personal wireless service facility with a height of 10’ above the reference tree. Brent Nelson summarized the staff report. The applicant proposes to establish a telecommunications facility consisting of a proposed steel monopole painted java brown 69’ tall, with a height 10’ above the top of the 11” caliper Ash reference tree in a 20’ x 30’ lease area located on a parcel adjoining the north side of Morgantown Road approximately 600’ southwest of the intersection with Route 250 West. The lease area is heavily wooded and situated approximately 65’ above and 300’ south of the Route 250 right-of-way. Balloon tests for this proposal were conducted on February 10, 2010 and February 23. The results of both tests were presented to the ARB at the March 15, 2010 review. The Board, by a vote of 4:0, denied the request. On March 18, the applicant requested an appeal of the ARB’s decision. An April 5, 2010 letter submitted by the applicant in support of the appeal referenced another balloon test (conducted on March 31) which staff had not been invited to view and at which the balloon was flown from a new location approximately 13.5’ northwest of the proposed monopole location. With that new information it became evident that the location from which the balloon was flown in February was also not the proposed monopole location, but approximately 14’ east of the monopole. In each of these tests, it was overhead tree branches at the location of the monopole that did not permit a balloon launch directly from the monopole location. The applicant’s April letter states that the launch location for the March test more accurately represents the proposed location of the monopole as viewed from the ALBEMARLE COUNTY ARCHITECTURAL REVIEW BOARD - PAGE 2 5-3-2010 FINAL MINUTES westbound lane of Route 250 while descending into the Village of Ivy. That view was the problematic view in the ARB’s previous review of the proposal. Staff explained to the applicant that it would not be useful or efficient to present information to the Board of Supervisors that the ARB had not yet reviewed, so the applicant agreed to conduct another balloon test that could be attended by staff, using the March 31 balloon location. That test was performed on April 16 and was attended by staff. Due to existing overhead branches the balloon was launched from a location approximately 13.5’ northwest of the monopole location and to the height of the monopole 10’ above the reference tree. The balloon was highly visible , sky lit and oriented directly in front of the viewer while descending the hill for a distance of approximately 350’ westbound into Ivy. The balloon was visible in the vicinity of three evergreen trees, which appear to the left and right of the balloon and which did not provide a wooded backdrop for the balloon. The balloon continued to be visible but to a lesser degree for another 300’ while westbound on Route 250. The balloon test did not replicate the balloon location shown in the applicant’s photo renderings from their March 31 test due to the breezy conditions that day with the balloon consistently appearing to the right, or north, of the location in the photo renderings. The balloon was not visible from points along 250 west of the site and the balloon’s visibility from points along 250 adjacent to this site were sufficiently mitigated by the wooded area between the site and the Entrance Corridor just as in the February balloon test. The lease area and the ground equipment are not expected to be visible from the Corridor. Due to the inability to reproduce the March 31st test results it was suggested that the applicant provide a drawing demonstrating that the balloon location and the resulting photo rendering was based upon the launch location witnessed by staff on April 16th and that it was a more accurate representation of the view of the monopole from the westbound lane of Route 250, the view that was problematic for the ARB’s previous review. That drawing was provided; it shows the launch locations used for the February, March and April tests, the proposed monopole location and two evergreen trees that appear to the left and right of the balloon in the field and in the photo renderings. Those trees are located to the east of the proposed monopole and are off-site. The drawing does appear to verify that the balloon location shown in the photo renderings is an accurate representation of the view of the proposed monopole location viewed while traveling westbound into Ivy. The applicant maintains that visibility of the proposed facility is sufficiently mitigated due to its proximity to existing evergreen trees that appear to be off -site evergreen trees located on the Sofka property, 2850 Morgantown Road, east of the proposed site. Whereas, the applicant’s photo rendering does demonstrate that the monopole would rise between two of these trees, helping to reduce the pole’s noticeability, the small number of trees and their off-site location is an issue. Typically, off-site vegetation is not relied upon for mitigation of a proposed development in an Entr ance Corridor due to the lack of control over off-site resources. However, the ARB has given consideration to off-site screening for wireless proposals when the number of trees was significantly larger, creating larger masses of tree canopy and typically an adequate wooded backdrop. This proposal has no wooded backdrop as viewed from the Route 250 West hill and the mitigation for this view is provided by only two or three off-site trees. The Entrance Corridor guidelines specific to this review and how the y are addressed in the proposal are listed in your report. ALBEMARLE COUNTY ARCHITECTURAL REVIEW BOARD - PAGE 3 5-3-2010 FINAL MINUTES Staff cannot support the proposed monopole due to the degree of visibility as the viewer descends westbound into Ivy and due to the lack of on-site mitigation. Should this application be approved as currently proposed the issues relating to grading and tree protection listed in your report should be addressed. Staff reviewed the materials on display, which included drawings, photographs and photo simulations of the various balloon tests. Mr. Missel invited questions from the ARB. He asked for clarification regarding the photographs and photo simulations that corresponded to the March 31st balloon test and which photographs represented the most accurate view from the westbound lane leading into Iv y. Mr. Nelson provided clarification regarding the photographs and photo simulations and indicated that the photographs and photo simulations from the March 31st test appear to represent the most accurate view. Mr. Missel asked if the reason this view was chosen is due to this being the most significant view of the monopole. Mr. Nelson replied that is correct. The monopole is not visible west of the site on Route 250 and is sufficiently mitigated from the section of Route 250 adjacent to the site, as demonstrated by the photo taken from Duner’s Restaurant. Mr. Lebo stated that he viewed the balloon test and asked who else did. Mr. Daggett indicated that he also viewed the balloon test. Mr. Missel invited the applicant to address the ARB. Applicant Presentation: Kathryn Carmichael, with Williams Mullen representing AT&T, presented a Power-Point presentation. She noted that her colleague, Valerie Long, was present. She thanked the ARB for reviewing the application in light of the additional information they have provided. She started out with a big picture overview with a note on why these facilities are treated within Albemarle County not as utilities, but treated separately as a wireless facility subject to the Wireless Policy and the Wireless Ordinance in the County Code. The standard applied in the staff report by the ARB is incorrect in that they applied the standards to review a utility and not the standards of the Wireless Policy. The County Board of Supervisors, when they adopted the Wireless Policy, it was based on the fact that wireless facilities could not be made invisible, which is why the Wireless Policy speaks of mitigating the view, limiting the visibility and not making facilities invisible. The way you mitigate the visibility is through design and siting. Referencing a photo, she stated that Albemarle County made a policy decision that they wanted towers to be painted brown, flush mounted, treetop facilities, narrow at the top, and be no taller than 10’ above the reference tree so as to avoid things like this. In numerous locations in the Wireless Policy it references minimizing visibility for facilities where limited visibility is encouraged and that the County would approve those applications that comply with the adopted plan’s policies and ordinance and deny those ALBEMARLE COUNTY ARCHITECTURAL REVIEW BOARD - PAGE 4 5-3-2010 FINAL MINUTES that don’t. The ARB’s role is to confirm that the application before them meets the design criteria, which this application does. Numerous balloon tests were conducted on this site. The first two balloon tests were in March. Those photo simulations were provided at the first hearing. During the last hearing there was one viewpoint that was the most discussed because that is the one view where you can see the very top of the tower. In the rest of the views from the Entrance Corridor, you actually cannot see the tower. As a result of this one view that the ARB decided to focus on, AT&T met and reevaluated the coverage objective area. During that time they noted that the balloon location because of the tree coverage over the proposed tower area, they had to fly the balloon off to the side. It was noted that off to the side view, which was 14’ off, could have had an impact on the actual perspective from the photo simulations that they provided. As a result, for their own purposes to see if it had any impact at all, on March 31 they flew the balloon at the more accurate location to provide a more accurate perspective from the Entrance Corridor. To their surprise even a small shift in the location provided a change in the simulation, with the tower getting closer to the adjacent pine trees. At Brent’s recommendation they provided an exhibit that showed camera location #1, which is the furthest to the right, about 1,500’ away from the actual tower location. Camera location #1 is from the first balloon test done in March. Camera location #2 is basically where the second photo simulation is from, which is about 1,200’ away from the site. They think the trees that you are seeing, the pine trees that are located near the top of the tower, are the ones on the Sofka property. They did not go on the Sofka property to confirm that those are the trees, but they believe those are the pine trees that are of question. It is a heavily wooded area. There are significant other trees in the area as well as on the applicant’s property. The previous simulated view from 250 is, again, from about 1,500’ away from the tower. The next view is when they moved for a more accurate perspective. The very top of the tower is the only part that is visible, and it is visible for a very short period of time. She took a video of the location with the last balloon test to show that the balloon was only visible for about nine seconds. Unfortunately, they had some technical difficulties and she was not able to show the video. She emphasized that it was a very short period of time, less than nine seconds, and that only the very top of the tower is visible. There was more than 50’ of the tower mitigated by significant tree cover that is located both on and off of the applicant’s property. To address the staff report issues - first the wireless facility is not a utility. The applicants are tasked with minimizing and mitigating the impact, which they have done through careful design, siting, and location. This is not new development and they are not required to comply with historic architecture. This application complies with the design guidelines that are listed in the Wireless Policy and the Wireless Ordinance. The proposed development is sensitive to the existing landscape in that it is a tree top facility no higher than 10’ above the reference tree. It is painted brown, has flush-mounted antenna and only 18” diameter at the very top of the pole. Again, it is only the very top of the pole that is even visible from that one vantage point. Applying the standards in the staff report, no wireless facility would ever be approved. The monopole does not significantly alter the vista of this area. She reminded the ARB again what the Wireless Policy indicates as visually intrusive – guy towers, shiny metal poles, and facilities as shown at the beginning of the presentation ALBEMARLE COUNTY ARCHITECTURAL REVIEW BOARD - PAGE 5 5-3-2010 FINAL MINUTES that would be visually intrusive and substantially alter the vista. A flush mounted tree top brown facility is not visually intrusive. Another point made by staff is that the applicant is relying on two or three pine trees located off the site for mitigation. This point is actually inaccurate in that there are over 30 trees on the property in the surrounding 200’ of the site that were surveyed and in the plan provided. Again, it is only the very top part of the pole that is near the pine trees. The rest of the entire pole is mitigated through trees that are located on site. To summarize, as was recognized by the County early on, wireless facilities cannot remain invisible. Antennas must be visible at the top of the pole and extend above the height of the trees in order for the signal to be effective. The way wireless works is that the signal has to bounce off of the other antennas in the area. So in order for the facility to work they have to be able to communicate with the adjacent facilities. Failure to have a tower have its antennas visible renders it entirely useless and prevents the federal right of wireless carriers to provide coverage. They can’t make them all invisible and cannot always make them as well hidden as they have with other AT&T sites. It is a matter of relative visibility. The application is entirely compatible with the Entrance Corridor and is sensitive to the landscape in that it is a brown pole with limited diameter, flush mounted antenna and within a forest of trees. Compared to all the other telephone poles, signage and the railroad bridge right next to the road, which are not screened at all by trees, and the relative short distance that this monopole is visible along 250, which is nine seconds while driving the speed limit, the limited visibility is mitigated by its design. The vantage point that they are focusing on here is the very top of the facility that is visible. Again, that has to be visible in order for this tower to work. The ARB Design Guidelines do not contain any provisions which prohibit a wireless facility from being visible from straight on or for any period of time from the Entrance Corridor. She offered to answer any questions and expressed appreciation for the ARB’s consideration of this application. Mr. Missel invited questions. Mr. Daggett noted that in March the question was asked if there were other sites that had been considered. He recalled that the answer was that once they found a willing property owner their search stopped. He asked if there was still a potential there that there are other sites available other than this site. Ms. Carmichael replied that the answer back then was they did look at other sites. They always look at co-location on other buildings. They looked at a church and although there was an antenna in the church they were not able to fit within that steeple. So they ended up at this location. When they went back to reevaluate to look at this balloon test and decided to do one in another location, they did look at other possibilities in the area. This is the site that provides the best coverage as the most minimized visibility that will provide the reliable coverage that is required along 250. Mr. Daggett noted that he felt that was important for Mr. Missel to hear that answer. Mr. Wardell reiterated that she said it provides the best performance and it is the least visible of the other sites that they considered. He asked if that was what she said. ALBEMARLE COUNTY ARCHITECTURAL REVIEW BOARD - PAGE 6 5-3-2010 FINAL MINUTES Ms. Long clarified that there are a number of other locations where it might work and where there is probably adequate tree screening, but the land owners were not willing to enter into a lease agreement. It is a challenge to find a site that meets all of the necessary criteria and works to provide the coverage they need or to have the necessary tree screening and an existing access road that does not require cutting down trees. The way the process works is that AT&T has a site acquisition specialist similar to a real estate agent who goes out and looks at map s to try to identify areas where it might work. The site acquisition specialist identifies the area on aerial photographs. Then letters are sent, phone calls made and personal visits to land owners to make proposals. Often they might go to 15 or 20 land owners and only 2 or 3 will be interested. Therefore, they work with those 2 or 3 to figure out which is the best location that provide the best options from a zoning perspective, engineering perspective, screening and so forth. Of those willing land owners they were able to work with this is the one that provided the best out of all of those. The church would have been a wonderful opportunity if there was room in their steeple which there wasn’t. We even approached them about having a treetop facility like this in the woods behind the church which might have provided better screening. We don’t know because they would not even let us come out and do a quick simulation. Noting that they’d seen the shifting of the balloon 10’ one direction or the other, Mr. Missel asked if there might be a location either within the lease area or somewhere on the parcel that might be 10’ to the right or left that would be hidden by the evergreen tree and therefore less visible. Ms. Carmichael replied that they have to stay within the confined restriction area from that reference tree. Based on their analysis there are no other likely locations that would be any better. They have to make sure it stays near the reference tree. Ms. Long noted that they went through a reanalysis after the March ARB meeting and denial, pulled out the plans and revisited the site to see if there was anywhere they could move this. Could they move it a few feet so that it would be behind the pine tree? If it was behind the Pine tree it probably will not work. If the antennas can’t been seen from 250 it is not going to reach a car or person that is driving along 250. That is a critical element. It has to be visible and have a line of sight. She noted that they were restricted by the power lines , critical slopes in the back of the site and setbacks from adjacent properties. They cannot cross the power lines with the cranes and other equipment required to construct this proposal. They also tried to stay away from the residences and meet the setbacks. Mr. Wardell asked if locations other than St. Paul’s Church had been explored. Ms. Long indicated they had looked at a number of other locations but none of them had willing land owners. It is a challenge. This is a difficult hole in coverage to fill. Because the monopole is only visible from this one location for such a short period of time in one direction they felt they could mitigate the visibility as long as the pole is brown and met all of the design requirements of the Wireless Policy. They felt it was a site worth pursuing even though it did not have a wooded backdrop. It could be seen for 9 seconds while westbound into Ivy. It could be seen from Duner’s only in the winter ALBEMARLE COUNTY ARCHITECTURAL REVIEW BOARD - PAGE 7 5-3-2010 FINAL MINUTES months. They feel that in totality it is a site worth pursuing. They feel very strongly that the site meets the design criteria of the Wireless Ordinance. As Ms. Carmichael said, if all sites have to be invisible no site would ever be approved because they can’t function that way. It is a standard that is not realistic for this type of technology. It is not the standard that the Wireless Policy contemplates being a part of. Mr. Missel asked staff to answer a question. It was mentioned about a utility rather than a wireless policy and also confusion about mitigation rather than visibility. He asked staff to speak a little about that in terms of how they communicated that in the staff report and how they should focus on those issues. Mr. Nelson replied that the Wireless Policy speaks about mitigating the appearance of the facility. Staff believes that adequate wooded backdrop is one of the primary reasons that you get mitigation in a facility. They lack any backdrop in this view under discussion here today. It is not sufficiently mitigated, in staff’s view, in appearance. Mr. Missel reiterated from staff’s standpoint it is not an issue of being invisible, but it is an issue of judging mitigation. Mr. Nelson replied yes, for that portion of the facility. Mr. Wardell asked if staff has access to the language of the ordinance that covers the telecommunication facilities. That is important because of the reference cited in the staff report. The Entrance Corridor Guidelines state that mechanical equipment and above ground utilities should be screened to eliminate visibility from the Entrance Corridor. He asked what the ordinance says that covers telecommunications. Ms. Maliszewski noted that the Wireless Policy talks about the degree of visibility. The Entrance Corridor Guidelines do say eliminate visibility, but the ARB has never applied that and that is not what is being suggested here. There are dozens of wireless applications that the ARB has considered and they never said that it has to be invisible. The ARB has always taken into consideration the fact that the policy is trying to go for monopoles rather than the really tall ones, ones that are treetop sites. As Brent Nelson suggested, the wooded backdrop often helps with that mitigation. What they are saying here is the degree of visibility is not sufficiently mitigated in this case at the top of that hill going down into Ivy. Mr. Wardell asked for reference if it would be possible to pull up the language of the Wireless Ordinance that talks about visibility. Ms. Long replied that in the Personal Wireless Service Facilities Policy that was adopted by the Board of Supervisors in 2000 there are numerous references throughout in terms of mitigation. On page 60, it says a personal wireless service facility that scores high in the visibility scale need not be rejected if the visual impact can be mitigated in one of the following ways. The first is camouflage, which requires minimal changes to the host structure that is often described in the context of what they call co-location. That would be attaching it inside a church steeple or to a water tank, for instance, or changes to the host structure or the wireless facility site setting to accommodate the wireless service facility. Treetop towers ALBEMARLE COUNTY ARCHITECTURAL REVIEW BOARD - PAGE 8 5-3-2010 FINAL MINUTES are a form of camouflage. It talks about other methods as well. It talks about concealment within the side of a structure, like a church steeple or disguise to change the appearance. Treetop towers are a form of camouflaging a facility so even if it is visible it is not excessively visible. It is not like some of the earlier slides of a giant 200’ tower 50’ to 100’ above the tops of the trees and helps it blend in. It is all about the design. Throughout this policy it discusses the fact that they can’t be invisible in all cases. So you have to mitigate the visibility in some fashion. Treetop towers are one way. It talks a lot about the design standards, such as to make sure it is a brown pole with the cables inside with flush mounted antennas being no taller than 10’ above the reference tree. So they meet all of those criteria. The Wireless Ordinance itself is in Section 5.1.40 of the Zoning Ordinance. That makes these wireless facilities essentially a by-right proposal in every zoning district as long as they meet the design criteria, the things she’s mentioned, plus some others. One is to make sure that the trees appropriately screen the facility. Another is to make sure to meet setbacks. Those are the critical ones. They have been working hard to make sure they meet all of those criteria. There is no question that they meet those criteria. It is just a matter that in their opinion about what the scope of review is here today. They contend that the scope is does this facility meet the design criteria in terms of visibility. It is about relative visibility. They think that they have mitigated the visibility primarily through the design of the structure, but also through its careful siting and location. They put it near the reference tree. When viewed from this one location they can see it for only a brief period of time. It is really in between a little gap between lots of evergreen trees. Those trees appear to be off-site, but there are a number of other trees on site that also provide screening and mitigation. Mr. Wardell asked if this is the key passage in the ordinance about visibility. Ms. Maliszewski replied that is the Wireless Policy. It is not the ordinance. Ms. Long pointed out that the ordinance does not really speak to visibility. It says for a Tier II facility this is what the plans have to show: what the standards are and the procedure for submitting for review. Mr. Wardell said that the language in the ordinance is important as opposed to language in the introduction of a policy because the ARB is bound by the things actually in the ordinance. Mr. Gatobu pointed out that he was the planner in charge of this project. They had asked about the ordinance. After the request comes to the ARB it has to go to the Planning Commission. The question was what the zoning ordinance information is to that document, which is more like the policy that guides this document. He has to do an analysis from Section 5.1.40 based on that. Most of what Ms. Long said is correct. He has to look at the visibility in terms of mitigating it. If the Planning Commission chooses to deny the request, they have to tell the applicant how they can actually fix it. They can’t just say it is denied. In cases where they don’t have anything he as the planner can only say 7’ above the reference tree. The Planning Commission listens to the applicant for the additional 3’ to make it 10’. So under his purview he can only say yes he is recommending denial based on these criteria for approval at either 7’ or 10’ and then the Planning Commission works on that. But, yes there are issues about mitigation in terms of the ALBEMARLE COUNTY ARCHITECTURAL REVIEW BOARD - PAGE 9 5-3-2010 FINAL MINUTES color, the wires have to be run inside the pole, it has to be 30” at the base and 18” and flush- mounted at least 12” in terms of the distance from the pole itself. He looks at all of that and whether the base equipment is visible from anywhere else. That is how his review goes. But he has to tell the Planning Commission that the ARB either denied or approved the request. Mr. Lebo asked if the base equipment would not be visible from the Entrance Corridor, and Ms. Maliszewski replied that it would not. Ms. Long clarified that this is called a policy, but it is technically a component or piece of the Comprehensive Plan. From their perspective it is their “Bible” or guiding document of what they plan and use. The ordinance in Section 5.1.40 is basically implementing this Comprehensive Plan component. She hoped that would help explain the relationship between the two. Ms. Maliszewski noted for further clarification that they don’t disagree about that at all. What is at issue is that staff thinks for that portion of the view coming down the Corridor from the top of the hill they don’t feel that it is sufficiently mitigated and the applicant does. That is basically what it comes down to. Mr. Missel invited public comment. Jim Sofka resident of 2850 Morgantown Road, passed out two photographs taken from the February test. He was speaking for himself and a number of his friends and neighbors in that they were sort of surprised to have this go forward again because it does not appear that much has changed. He made several points, which he would reiterate for the record: 1. This is very high in the sky line and visible on the Entrance Corridor (Route 250) in their view. 2. It is very close to adjacent houses in the middle of a residential neighborhood. 3. Most of the houses that surround it, except two, were built in the late 19th century. It is a very historic district in terms of its character, but not formerly an historic district under state law. 4. From his understanding the ARB has full jurisdiction over this because of the Entrance Corridor issues. Mr. Sofka noted that the front of his house is surrounded by four evergreen trees. In the photograph distributed he circled the two Hemlocks which are referred to in the staff report. Those two trees are the highest on the skyline and suffer from a blight that has been killing the trees on the eastern seaboard. At a significant cost he gets the trees pruned and sprayed annually. The problem is that it is not 100 percent effective. He would hate to lose the trees. The trees are within 15’ of the house. If the sprays are ineffective the trees will have to co me down immediately due to the safety issue given the proximity to the structure. If the Board wishes they have an open invitation to come and visit the property to view the trees. He would be happy to provide a statement from his arborist along with receipts for the treatment of those trees certifying that they are in fact diseased. If those trees are no longer there, that is going to make that pole stand out even more along the skyline. Again, he has no intention of removing them. Remember this is a 25 year lease and it is very possible that those trees will be gone by the time that lease expires. He asked that his comments from March 15th be entered into the record. ALBEMARLE COUNTY ARCHITECTURAL REVIEW BOARD - PAGE 10 5-3-2010 FINAL MINUTES Mr. Missel asked if he saw the recent photos. He said he was the April 16 photos. Trevor Gibson, resident of 2852 Morgantown Road, said that his concern was that there has not been an actual balloon float from the actual location. The reason there has not been a balloon float from the actual location is because there is too much tree branch coverage, which is part of the 30 trees, with six trees being above the 12’ to 15’ in that intermediate area. In order to conduct a proper balloon test from this location it is his opinion that the tallest tree will have to be removed. When they looked over the original balloon test it was noted that it would not be easy to cut that tree back. The trees in that area are being choked by ivy. The trees are not healthy in that area. Many of the trees are losing branches and dying. As Mr. Sofka mentioned most of the trees in that area are over 100 years old and, unfortunately, many of these trees are starting to die. He reiterated that they have not seen an accurate balloon test. From the balloon test we were invited to, you can see that it will be very visible from the Entrance Corridor. He was concerned with the precedent this may set. The windy conditions at the last balloon test made the results very inaccurate. He felt that the balloon was visible for more than nine seconds. He opposed the request due to its visibility from the Entrance Corridor. Phil Beaurline, resident of 2962 Morgantown Road, submitted photographs. He noted that he was unaware of the last balloon test and was unable to take a picture of it. He pointed out a very accurate overlay of the current vegetation on top of his original photographs #1 so they could see the effect of some of the vegetation. He noted that was in the 4’ above the reference tree and not the 10’. The balloon diameter is about 3’, which he had based all of his scale representations on. In drawing #2, he noted that the north arrows were not the same as the sketch and the aerial photograph. He had to rotate the sketch to match the north arrow of the aerial photograph, and then superimposed the line of sight onto the drawing so they could see how the line of sight relates to the two different balloon test locations. It goes basically right in between them. At the scale as shown on that drawing, it is less than a balloon width difference as far as the viewer’s point of view. The balloon shifted 18” or less given that there was no wind during the photograph. He pointed out that the second balloon test really was immaterially different in his opinion. From the problem location, the Entrance Corridor, it is the same. The two balloon tests really are not different. Regarding the point of accuracy, looking at the 3/31 photo, the balloon test location is slightly south, or to the left, of the point of view line and the older balloon test is slightly to the north. On the inset drawing it is the opposite. So somebody screwed up when they transferred the information. The two balloon drawings do not agree. Mr. Missel asked if he was pro or con. He said he opposed the request; it is a bad idea. Amy Vigilante, resident of 2930 Morgantown Road, said she was surprised they were here again since it was denied last time. They were not invited to the last balloon test, but there appears to not be much of a difference. In the past balloon test they had it at 69’, which looks like what they are proposing. When they lowered it to 64’ you could see no difference from the Corridor. It was based on the evergreen trees, which appear to be on the Sofka property. She felt that the location could also be seen from other places such as Owensville Road as well as 250, and from her neighborhood. It was very close to her neighborhood. She had never received any letters and felt they could find another spot with more research. There being no further public comment, Mr. Missel closed the public comment to bring the matter before the ARB for discussion. ALBEMARLE COUNTY ARCHITECTURAL REVIEW BOARD - PAGE 11 5-3-2010 FINAL MINUTES Mr. Lebo stated that he didn’t attend the first balloon test but he did attend the second balloon test and felt that someone would really have to be looking for the monopole to see it. While driving on Route 250 he felt that one would really have a difficult time looking for the monopole because of the traffic and other clutter in the area. There are two gas stations, utility poles with wires, VDOT signs and train tracks. There are so many other things going on that you would really have to be looking for the monopole. The question is whether monopoles are really that ugly or inappropriate. He felt that was in the eye of the beholder. They are not as obtrusive as the larger poles demonstrated on some of the slides. The monopole was pretty well hidden except for the 8, 9 or 10’ of it. At this time he did not have any problem with the monopole based on the fact that there is so much clutter going on in Ivy to begin wi th that you would have to be looking for the monopole to find it. Mr. Missel asked how long he was able to see the balloon, and Mr. Lebo replied that it was visible for nine seconds while he was driving in his car. Mr. Daggett said that he attended the balloon test. He timed its visibility for a little longer at around 14 seconds, which was from the time he first caught the balloon in his eye until he almost got down to the bridge when it disappeared in the treetops. The issue is the visibility. While there is a lot to look at, if someone looked up at this balloon test it was purely sky-lit. How that is going to look when it is a monopole he did not know. But it was clear that the balloon was sky- lit and it is pretty much right in the center of the view. Coming down the hill the balloon was almost level when he first saw it. He had to look up more and more as he drove further down the hill but it was visible for a period of time. He thought this was what the ARB focused on last time. The applicant acknowledged that the ARB focused on this view. Of course, the ARB focused on this view because it is sky-lit. He reiterated, as the ARB did in their first discussion, that the issue was what they can judge from the Entrance Corridor. While they appreciate the neighbor’s concerns over some of the other circumstances involved with this, they have to look at it from the Entrance Corridor only. He found it to be very sky-lit. In his experience on this board everywhere else that they have approved monopoles, and most have been approved pretty easily, they are usually off to the side of the road and not dead center in the view for any length of time at all. When the monopoles were off to the side of the road they are generally in amongst trees to the extent that as one looks up at them there is tree coverage behind them. He thought that this was what struck him about this. Seeing the balloon test in reality in three dimensions and seeing it in photographs are two different things. Seeing the balloon test in reality is much clearer. Given the language the ARB has to deal with the question is if it is mitigated. The fact that it is fully sky-lit makes it so that it can’t be mitigated. Most, if not all, of the towers the ARB has approved during his tenure have had foliage and trees behind them. The monopoles were not seen sticking up and sky-lit. The ones that were sky-lit, staff always asked that the monopole be brought down so it could be in that camouflage of trees surrounding, and this is not. He felt this was inconsistent with what they have previously approved as mitigated visibility. ALBEMARLE COUNTY ARCHITECTURAL REVIEW BOARD - PAGE 12 5-3-2010 FINAL MINUTES Mr. Wardell said during the presentation he looked at this almost ignoring the pine trees. When looking at the site plan he felt that the pine trees had to be ignored because of their distance from the site and how little control they have over that. Once the pine trees are gone what they basically have almost a relatively consistent top of the tree line. This photograph shows the pine trees on either side of the telephone pole. If the pine trees are gone they have a relatively consistent top of the tree line coming across. That is the thing that disturbs him the most. Not knowing much about the engineering of wireless, this little hole in coverage is probably the toughest nut to crack around our region. He understands the difficulty they are having in finding a site that actually covers that area. But he was not sure he would feel right depending on the pine trees and visualizing that treescape without the pine trees. Without those pine trees he thought that it does have a visual interruption of that landscape that he finds exceeds what would be acceptable. Being relatively new he did not know what other scenarios they have or have not approved. He was basing it on that observation. Mr. Missel said that he could basically understand everything that had been said. He thanked the public for showing up and speaking to this. It is all very helpful. He confessed that he did expect a few members of the public to stand up and say they do business in this area and absolutely need to have coverage and are tired of calls being dropped. They did not hear any of that. That is interesting. He looked at this from the subjective and objective sides, as they do everything else. From the objective side he felt that there are still a lot of gaps or questions that are kind of loose. One would be the balloon location. They see what difference it means to move the balloon 10’ to the right or the left. They still do not have a location that is actually right where the pole is going to be. So he did not know how much difference it was going to make when the balloon is actually floating in that area. The second issue deals with the conflict on whether other sites have really been looked at. He believed the applicant that they have looked for other sites. He heard at one point that if this one does not work there is going to have to be two or three other sites. On other sites they have run into that with other pole options as well. They have said that two or three other purely mitigated sites are better than one that is sky-lit and very unmitigated. Another thought he had that sort of falls under the objective is have the changes that have been represented today been significant enough to really reverse a decision that occurred back in March. He was not at the meeting and did not have the benefit of that discussion, but what he has read about in the staff report and heard today it seems that the answer to that is no. Ther e really is not anything substantially different than what they saw before. One of the things that strengthened that is the angle of the view. Next, the time span of 9 to 14 seconds in a day is not a whole lot of time, but if it is a very important location and the people are very interested in their viewshed and take it very seriously. He sees the point that there are existing unsightly other facilities there, such as signs, everything else, utility poles, etc., but they have to look at today and what they are seeing and whether that will contribute to the unsightliness. ALBEMARLE COUNTY ARCHITECTURAL REVIEW BOARD - PAGE 13 5-3-2010 FINAL MINUTES Lastly, he agreed with the concept of this being a uniform line and that having those evergreens was very much unknown. If the height of the tower was somehow lower than the evergreens and they were not relying so heavily on those, then they have a reasonable way to say that this is either not as backlit as it appears to be or it is mitigated better. The subjective is a shorter list, but he thought that it should be. In this sense he thought that the objective outweighs the subjective in the fact that it is not being mitigated to the level that it should be. Mr. Wardell asked, ignoring the pine trees, how much higher would the tower be than the hardwoods immediately adjacent to the tower. Mr. Nelson replied that the tower would be 10’ above the reference tree, which is the one 25’ from it. Mr. Wardell asked if the reference tree is typical of the height of the top of those trees. In the tree diagram it had 662’ with the reference tree being at 595’. Mr. Missel noted that was the ground elevation. Mr. Wardell asked what the top of that was, and Mr. Missel replied 652’. Mr. Nelson pointed out the crown elevations of the surrounding trees. Mr. Wardell noted that it was 10’ above that. That tree is a participant in the horizon of the top of the trees. Ms. Long clarified that even during this time the hardwoods were not leafed out. Mr. Sofka’s photograph is actually quite helpful. If you look carefully behind the balloo n and behind the evergreen trees the limbs of the hardwood trees can be seen and the fact that they are not leafed out. She thought that it demonstrates probably the one that is to the right of the balloons, slightly lower, may well be the reference tree. It is hard to know for sure. There are trees back there other than the evergreen trees. She thought that the evergreen trees may very well block the deciduous trees. In the summer months when these trees are leafed out it would probably be a backdrop. It may not be a perfect full wooded backdrop, but it would have some trees. There are trees back there, which can be seen by the limbs of the trees. She clarified the poi nt that it was not entirely sky-lit. During the winter months when the trees are not leafed out the trees would not be seen as much. Mr. Daggett noted that about the top ten feet was sky-lit. The reference tree is ten feet below the top of the pole. Ms. Long noted that even in this photograph one can see that essentially right between the two circles another deciduous tree is visible by its branches. Mr. Wardell said if that is the reference tree and the balloon is 10’ above that, then the generic tree line is 15’ to 20’ below the balloon. ALBEMARLE COUNTY ARCHITECTURAL REVIEW BOARD - PAGE 14 5-3-2010 FINAL MINUTES Ms. Long pointed out that brings us back to the Wireless Policy, which is the governing rule, The Wireless Policy permits monopoles to be 7’ to 10’ above the tops of the trees for that very reason. The monopoles have to be above the trees in order to function. Mr. Daggett noted that he understood that. Ms. Long said that there were a few comments made during the public comment period that they would like an opportunity to respond to if the board would allow. There were a few things stated that were not quite true that they wanted to correct for the record. Mr. Daggett noted or that they would like to take objection to. Ms. Long noted that there were a few things that were not quite true that they wanted to clarify for the record. Mr. Missel said since the public hearing was closed that they would hold off on that. Ms. Long noted that they could possibly submit a letter. Mr. Missel noted that they have the right to appeal. Motion: Mr. Daggett moved to affirm the vote of the ARB at the March 15, 2010 meeting to deny the Certificate of Appropriateness for ARB-2010-02, Singleton (AT&T) Final Review of a Site Development Plan, noting that there was not a sufficient amount of information or change in information to warrant a change in the decision. Mr. Missel noted that before the vote was taken he wanted to make sure that staff would provide the additional documents submitted today to the applicant. Mr. Wardell seconded the motion. The motion carried by a vote of 3:1. (Mr. Lebo voted no. Mr. Wright was absent.) OTHER BUSINESS Screening Fences: Discussion The ARB discussed design criteria for screening fences and made a number of comments and suggestions regarding materials (vinyl could be an issue), colors, scale/proportions, location, compatibility with the development, the need for planting, transitions, connection to the building, maintenance/durability. It was suggested that guidelines for screening fencing should be articulated such that an applicant has a reasonable chance of knowing when they’ve met the guideline. Staff will draft some guidelines based on the conversation and bring the draft back to the ARB for further review. EC ZTA: BOS public hearing May 12, 2010 ALBEMARLE COUNTY ARCHITECTURAL REVIEW BOARD - PAGE 15 5-3-2010 FINAL MINUTES Staff reminded the ARB that the EC zoning text amendment would be heard by the BOS on May 12. Approval of Minutes: April 6, 2009, May 4, 2009, April 4, 2010 and January 4, 2010 Motion: Mr. Wardell moved for approval of the minutes of April 6, 2009; May 4, 2009; April 4, 2010 and January 4, 2010 as submitted. Mr. Daggett seconded the motion. The motion carried by a vote of 4:0. Sign Roundtable: Staff told the ARB that a roundtable had been scheduled for May 13 to discuss changes to the sign ordinance. Next ARB Meeting: May 17, 2010 ADJOURNMENT The meeting was adjourned at 2:46 p.m. to the next ARB meeting on May 17, 2010 in Room 241, Second Floor, County Office Building at 1:00 p.m. Fred Missel, Chairman (Recorded and transcribed by Sharon C. Taylor, Clerk to Planning Commission & Planning Boards) 1 FINAL ACTIONS Planning Commission Meeting of June 22, 2010 AGENDA ITEM/ACTION FOLLOW-UP ACTION 1. Call to Order. Meeting was called to order at 6:00 p.m. by Mr. Loach. PC members present were Mr. Morris, Mr. Loach, Chairman; Mr. Franco, Mr. Smith, Mr. Lafferty and Mr. Zobrist, Vice Chairman. Absent was Ms. Porterfield. Ms. Monteith was present. Staff members present were Claudette Grant, Gerald Gatobu, Megan Yaniglos, Bill Fritz, Mark Graham, Amelia McCulley, W ayne Cilimberg, Sharon Taylor, and Greg Kamptner. 2. From the Public: Matters Not Listed for Public Hearing on the Agenda. None Clerk: No action required 3. Consent Agenda Approval of Minutes January 19, 2010 APPROVED CONSENT AGENDA, by a vote of 6:0. Clerk: Finalize minutes for signature 4. Public Hearing: SP-2009-00030 Greenbrier Emergency Animal Hospital (Sign # 25) PROPOSED: Request to amend SP 91-52 to extend veterinary services clinic hours and expand the space in the existing building on the site. No residential units proposed. ENTRANCE CORRIDOR: Yes TAX MAP/PARCEL: 61W, Section 1, Block A, Parcel 5 MAGISTERIAL DISTRICT: Rio (Claudette Grant) RECOMMENDED APPROVAL SP-2009- 00030, by a vote of 6:0, with the conditions recommended in the staff report as noted in Attachment 1. Clerk: Action Letter – SP-2009-00030 will go before Board of Supervisors on a date to be determined with a recommendation for approval with the conditions recommended in the staff report as noted in Attachment 1. 6. ZMA-2008-00003 Albemarle Place (Signs # 58, 65, 67) PROPOSAL: Rezone 64.694 acres from Neighborhood Model (NMD) zoning district which allows residential (3 - 34 units/acre) mixed with commercial, service and industrial uses to Neighborhood Model Clerk: Action Letter – ZMA-2008-00003 will go before Board of Supervisors on a date to be determined with a recommendation for approval provided that the outstanding issues on the proffers and the Code of Development are clarified between staff, the applicant, and the City before it goes to the Board 2 (NMD) to amend the original proffers; and rezone 0.3404 acres from Commercial (C-1) retail sales and service uses to Neighborhood Model (NMD) with the proffers. PROFFERS: Yes ENTRANCE CORRIDOR: Yes TAX MAP/PARCEL: 061W0-03-00-019A0, 061W0-03-00-019B0, 061W0-03-00-02300, 061W0-03-00-02400, 061W0-03-00-02500 MAGISTERIAL DISTRICT: Jack Jouett (Claudette Grant) RECOMMENDED APPROVAL OF ZMA- 2008-00003, by a vote of 6:0, provided that the outstanding issues on the proffers and the Code of Development are clarified between staff, the applicant, and the City before it goes to the Board of Supervisors. (Attachment 2) RECOMMENDED APPROVAL, by a vote of 6:0, modifications to Section 4.15 of the Zoning Ordinance regarding signage based upon the findings in the staff report. (Attachment 2) of Supervisors as noted. (Attachment 2) Action Letter - By a vote of 6:0, the Planning Commission recommended approval of the modifications to Section 4.15 of the Zoning Ordinance regarding signage. The modifications will go before the Board of Supervisors on a date to be determined. (Attachment 2) 7. REGULAR ITEMS: SUB-2010-00049 Nydrie Farm The request is for preliminary subdivision plat approval to create 26 lots on a total of 408.37 acres. Associated with this request is a request to allow private streets. The properties, described as Tax Map 120- Parcel 16, Tax Map 120- Parcel 16G, and Tax Map 120- Parcel 16H6 are located in the Scottsville Magisterial District at the intersection of Esmont Road [Route 715] and Green Mountain Road/ Porters Road [Route 627]. The Comprehensive Plan designates the properties as Rural Areas in Rural Area 4. (Megan Yaniglos) APPROVED SUB-2010-00049, by a vote of 6:0, for approval of the private street request with the conditions as recommended by staff. (Attachment 3) Clerk: Action Letter – SUB-20100-00049. Approved private street request with the conditions recommended by staff. (Attachment 3 – Recommended Conditions of Approval) Does not require BOS approval. 3 8. SDP-2010-00003 Singleton Tower The request is for approval of a treetop personal wireless service facility with a steel/metal monopole that would be approximately 69 feet tall (10 feet above the height of the reference tree), within a 20 x 30 foot lease area. This application is being made in accordance with section 12.2.1. (16) of the Zoning Ordinance which allows for Tier II personal wireless service facilities by right in the (VR) Village Residential zoning district. The site is located on 2856 Morgantown Road [State Route 738] approximately 600 feet from the intersection of Morgantown Road [State Route 738] and Ivy Road [State Route 250]. The property, described as Tax Map 58A1 Parcel 40F1, is 2.089 acres in size, and is located in the Samuel Miller Magisterial District. The Comprehensive Plan designates the property as Rural Area in Rural Area 3. (Gerald Gatobu) RECOMMENDED DENIAL OF SUB-2010- 00003, by a vote of 6:0, based on the technical ground that the ARB has not approved the Certificate of Appropriateness. Clerk: Action Letter – SDP-2010-00003. Denial based on the technical ground that the ARB has not approved the Certificate of Appropriateness. Note: The applicant can appeal SDP-2010- 00003 to the Board of Supervisors within ten days of the decision. 9. Old Business None Secretary: None 10. New Business Staff will develop formal guidelines for site plans and subdivisions on providing information to the Planning Commission received after the submittal dates and the staff report has gone out. NO MEETING ON JUNE 29 AND JULY 6, 2010 NEXT MEETING ON JULY 13, 2010 Secretary: None 11. Adjourn to July 13, 2010, 6:00 p.m., Auditorium, Second Floor, County Office Building, 401 McIntire Road, Charlottesville, Virginia. The meeting was adjourned at 8:17 p.m. 4 Albemarle County Planning Commission June 22, 2010 The Albemarle County Planning Commission held a public hearing, and meeting on Tuesday, June 22, 2010, at 6:00 p.m., at the County Office Building, Lane Auditorium, Second Floor, 401 McIntire R oad, Charlottesville, Virginia. Members attending were Russell (Mac) Lafferty, Duane Zobrist, Vice-Chairman; Ed Smith, Thomas Loach, Chairman; Don Franco and Calvin Morris. Linda Porterfield was absent. Julia Monteith, AICP, Senior Land Use Planner for the University of Virginia was present. Other officials present were Claudette Grant, Senior Planner; Megan Yaniglos, Senior Planner; Gerald Gatobu, Senior Planner; Bill Fritz, Chief of Current Development; Wayne Cilimberg, Director of Planning and Greg Kamptner, Deputy County Attorney. Call to Order and Establish Quorum: Mr. Loach called the regular meeting to order at 6:00 p.m. and established a quorum. SDP-2010-00003 Singleton Tower The request is for approval of a treetop personal wireless service facility with a steel/metal monopole that would be approximately 69 feet tall (10 feet above the height of the reference tree), within a 20 x 30 foot lease area. This application is being made in accordance with section 12.2.1. (16) of the Zoning Ordinance which allows for Tier II personal wireless service facilities by right in the (VR) Village Residential zoning district. The site is located on 2856 Morgantown Road [State Route 738] approximately 600 feet from the intersection of Morgantown Road [State R oute 738] and Ivy Road [State Route 250]. The property, described as Tax Map 58A1 Parcel 40F1, is 2.089 acres in size, and is located in the Samuel Miller Magisterial District. The Comprehensive Plan designates the property as Rural Area in Rural Area 3. (Gerald Gatobu) Mr. Gatobu presented a PowerPoint presentation on SDP-2010-00003, Singleton Tower and summarized the staff report. The request is for approval of a personal wireless service facility. The proposed location is in Ivy next to Duner‟s and Ivy Store. Tonight there are two actions for the Planning Commission to take. Planning Commission Action: I. Deny the application on merit: The Planning Commission can deny the application based on information presented today, but must identify the requirements that were not satisfied by the applicant [apart from the ARB not granting a certificate of appropriateness], and inform the applicant what needs to be done to satisfy each requirement.” II. Technical Denial: The Planning Commission would have approved the tower, but because the ARB has not granted a certificate of appropriateness, the PC has to deny the tier II tower application. • B) Defer the application (with input from the applicant). Staff wants to present and make sure what they see in terms of visibility on what the tower looks like. There are three balloon tests that were conducted for this site. The staff report details the three balloon tests in terms of how many and why. It was all in trying to make sure that they can minimize the visibility. The aim here is not to make the tower disappear, but the aim is to minimize visibility. He explained the photographs taken of the balloon tests in the PowerPoint presentation. In the photograph coming down the hill going towards Crozet the balloon is v isible directly in front. He explained the applicant‟s photo simulation of the tower that showed what the tower would actually look like compared with the other photographs. He noted the reference tree where the monopole is supposed to be. There has been an issue to make sure that the balloon is raised at the actual monopole location. In most cases it is not possible because of the tree branches would actually bust the balloon and they would have to keep doing it. Therefore, they tried to move it to a location that would actually simulate the balloon for the monopole location to the best of their ability. Staff took pictures in February along 5 Morgantown Road. The neighbors have their own photographs. They can all look at all of the photographs and judge in terms of visibility what the tower would look like. The applicant is required to meet several subsections. There is a criterion that is going to be used. The applicant has met subsection 5.1.40.a, which is the application itself that includes s ubmittal of a plat, the owner‟s name and the power-of-attorney that they have been granted permission to put the tower in that location. The applicant has met that criterion. The applicant has to meet subsections 1 through 8, which ties into it being flush mounted. The monopole itself will have the wires run inside. It has to be brown in color. The applicant has agreed to put up a fence around the lease area as well with some additional landscaping. It has to be painted a java brown color to match the location and make sure that it is not visible from anywhere within the Morgantown area or Ivy area. The applicant has done that. It is flush mounted. The base diameter will be 30” and the top will be 18”. A tree conservation plan has been provided in terms of being able to maintain the trees as they are. Staff reviewed the renderings in terms of the visibility. There are some evergreen trees that are in the neighbor‟s property. From what the ordinance says there is a 200‟ radius at least for which t hey have to maintain the trees as they are. Both the evergreen trees are located on a neighbor‟s property and not within the 200‟ range. They provide the coverage at least to make sure one cannot see it in terms of the pictures presented. Those are the pine trees that are providing at least the limited visibility in terms of the balloon test itself. There will be discussions about that. Staff will open it up at this point. The applicant met requirements of subsection 5.1.40.a. The applicant has demons trated that the facility will be installed and operated in compliance with the provisions of criteria (1) through (8). What they don‟t have is that they have not met the requirements of the Architectural Review Board. These are the three things the Planning Commission usually needs to be able to say definitely yes they can approve this. The applicant does not have a certificate of appropriateness . The Planning Commission can deny the request based on the issues that are before us in terms of the pictures. Several neighbors are present to speak. Per section 5.1.40.d above, the Planning Commission can approve each tower application when: 1. Requirements of subsection 5.1.40(a) are satisfied 2. The applicant demonstrates that the facility will be installed and operated in compliance with all applicable provisions of this chapter, criteria (1) through (8) 3. All conditions of the architectural review board are satisfied Recommendations: • This proposal meets the requirements of Section 5.1.40.a, and will be insta lled and operated in compliance with section 5.1.40.d Criteria (1) through (8), however, Architectural Review Board conditions have not been satisfied because a certificate of appropriateness for this project has not yet been approved. A hearing on the appeal of the ARB‟s denial of the certificate of appropriateness for this project is scheduled for July 14th, 2010. Staff cannot recommend approval of this personal wireless facility. However, had it not been that the ARB had disapproved it staff would have proposed approval at 7‟ and it is upon the applicant to demonstrate that there is no material difference between the 10‟ and the 7‟. In this case the Planning Commission would be making that decision in saying they don‟t see any difference between 10‟ and 7‟ and then they would approve it at 10‟. Mr. Loach invited questions from the Commission. Mr. Lafferty asked if the balloon test was at 10‟. Mr. Gatobu replied that the first balloon test was at 10‟. The second balloon test was lowered and there was no big difference. Therefore, on the third balloon test the balloon was taken back to 10‟. So they are dealing with 10‟. Mr. Loach asked if there was a fall zone requirement. Mr. Gatobu replied yes, the applicant met that. If the height of the tower is 69‟ they have to be 69‟ away from any of the properties so that if it falls it falls within the same property. 6 There being no further questions, Mr. Loach opened the public hearing and invited the applicant to address the Commission. Katie Carmichael, representative for the applicant, noted that Valerie Long, her colleague, was also present. She presented a PowerPoint presentation and reviewed the plan that AT&T is proposing to improve wireless telecommunication service in the Route 250 area. Currently there are locations along Route 250 where there are holes in coverage and AT&T is proposing to improve the coverage in order to fill those holes. The goal is to provide reliable service to businesses and residences in the area. Route 250 is a major thoroughfare that has a lot of traffic. Therefore, it is an important route for AT&T to have reliable coverage in. She reviewed the orientation map pointing out that AT&T carefully chose this location. Prior to choosing the Singleton site they did look for co-location opportunities. Co-locations are the preferred method. It is a lot easier to install the antennas when they co-locate on existing buildings and it is a lot less expensive for AT&T. In this particular area they did approach the St. Paul‟s Church, which is just up Owensville Road who has an existing facility in their steeple for Intelos. Unfortunately, there was not enough physical area to install both antennas in that church. So that opportunity AT&T did not pursue. They did contact other landowners in the area and were not able to find any willing landowners who also would be able to provide the coverage in the area for AT&T‟s coverage objective. The Singleton site is able to have both a willing landowner and able to cover the holes along Route 250. In the coverage maps for AT&T the three areas were circled around Route 250 where people drop their calls or have not service at all. Those are the areas they are focusing on. When the site would be built on the Singleton property the map shows the improvement in coverage. The map shows the vast improvement in coverage along Route 250 as well as the surrounding areas including the shopping center and other residences in the area. In an aerial map of the Singleton property it shows a heavily wooded property. AT&T is proposing to use the existing access road so there will be no disturbance of the trees or in any land disturbance. From the plans it is clear that there is proposed landscaping. Within the tree survey and a 50‟ radius there are over 30 trees surrounding the site. As Mr. Gatobu mentioned the proposal is for a 69‟ antenna. The antennas are flush mounted and proposed to be painted java brown. The cables run in the interior. That is an overview of the tower itself. In the presentation she reviewed the general area of the proposed tower location and the existing access road. Currently there is quick a bit of vegetation along there. She explained the tower location in photographs from various views looking towards th e Gibson‟s house, the leaf area, and the other surrounding properties. She noted the drop in the topography of the land towards Route 250. She noted the additional tree coverage in the back of the area along with the telephone and power lines. She pointed out a view of the access road. In looking at the proposed tower location she noted the tree coverage in the area. She reviewed the view of the proposed tower from several vantage points, including adjacent properties, in photo simulations and other pictures. From the tower location to the site of the garage is about 120‟. From the tower location to the Viglantee house is about 750‟. In the photograph it shows the Morgantown Road, Route 250, the railroad crossing and power lines crossing other p eople‟s property in the back. Mr. Gibson was nice enough to let her on his driveway so she could see the view from there. In the photo simulation it shows the tower location mitigated through the trees. With a blue balloon in the balloon test it would be more visible than the tower would be. They have spoken with the Gibson‟s and actually discussed ways to mitigate any visibility at all from their property if there was any. In addition to installing the fencing, which Mr. Gatobu mentioned, they have proposed to install 17 Holly bushes that are native to the area. That is the Holly shown on the right side of the compound. Views were shown from the streets surrounding the site, which included: 7 From the Duner‟s parking lot area the photo simulation shows the tower in the center, which is mitigated by the trees. The view shown heading west on Route 250, which was taken recently, and View from 250 west (summer) She pointed out the heavily wooded Singleton property. One of the nice things about the Singleton property is the tree coverage that is on site. There are over 30 trees within 50‟ of where the actual tower is proposed to be located that provides mitigation. There is a balloon test taken during the spring, which is in the photo simulation. The r ed balloon is shown floating, which is difficult to see. From the Exxon gas station she displayed a photo simulation, which showed only the very top of the tower with the rest being mitigated. A view from the bottom of the hill in the summer time was displayed. There has been some question as to whether the mitigation is solely on those two pine trees, which was mentioned by staff, that is off-site. She just wanted to rest assured that there are a significant amount of trees on site and they were not relying at all on those two pine trees to provide the mitigation for the tower. As shown it is a heavily wooded area and it is only the very top of the tower that is actually visible. Therefore, they feel that from all vantage points they have provided heavy mitigation for this tower. She showed a video taken while driving along Route 250 to show what a short period of time span that one can actually see the very top of the tower. The video started while driving along 250 heading west towards Crozet at the speed limit of 35 miles per hour. In the 3 0 second video the balloon is visible for about ten seconds. The balloon is verily visible for a short period of time at the Exxon gas station. Reaching the railroad track the balloon cannot be seen any longer. As seen from the photo simulations taken at various times of the year it is merely the very tip of the tower that is visible and it is only from one vantage point. Compared to all of the telephone poles and the other distractions in the area, the very small time that it is seen as well as the small amount of the tower seen it is very minimal. It is a very well mitigated site. The County actually adopted a Wireless Policy in order to set up a compromise basically, in order to not have the more effective 200‟ towers they decided to allow the less effective far less visible tree top towers. So that is what they are proposing here a tree top tower that complies with the zoning ordinance. To summarize, the ground equipment is mitigated from all view, the majority of the length of the tower is mitigated from the view using off -site tree cover, and the only view point is heading west on Route 250. If there are any questions, she would be happy to answer them. She would appreciate the opportunity to respond to any public comment at the end of the period. Mr. Loach invited questions for the applicant. There being no questions, he opened the public hearing and invited public comment. Philip Beaurline presented a PowerPoint presentation. He said he had been a full time professional photographer for 22 years and had a tremendous amount of experience taking pictures of inanimate objects in their environment. The following discussion relates to the County Code concerning two Tier II cell towers. “The facility shall be sited to minimize its visibility from adjacent parcels and streets regardless of their distance from the facility.” The first photo is one of the photos the applicant is using to show how the proposed tower would look in its environment. In terms of its intended purpose this is not a very good photograph. The relatively wide angle that was submitted by the applicant does not represent our visual experience. He thought that everyone who experienced the balloon test, including the County staff members that were present, would agree that this photo does not illustrate what they were all seeing. The balloon and the simulated tower are virtually invisible in the image when in fact the balloon was starkly sky lined above Ivy. Additionally, i t was taken from a viewpoint well off of 250, which he would say at least 30‟. This does not represent what is actually seen form 250. It is framed in such a way that emphases the other distracting objects and diminishes the impact of the proposed tower. 8 He pointed out that his photograph illustrates much better what is being proposed. He took this shot from the eastbound side of 250 and a little further up the hill in order to simulate the view from the highway itself coming around the corner entering Ivy. Using this photograph and some of the images supplied by the applicant he would show that the proposed cell tower would indeed be a very visible and obtrusive object on the sky line in Ivy. First, he submits that the so call winter time view of the Ivy sky line is in fact the one they should be concerned with. The deciduous trees lose their leaves around the end of October and it is not until mid April that they see significant leaves again. This means that for more than five months of the year they will have bare trees mixed with evergreens on the sky line. The other seven months do not mitigate the first five. This photo is of the second balloon test made on February 23 of this year with the balloon at 4‟ above the reference tree using a 3‟ d iameter balloon. The test was a repeat of the first test made at 10‟ above the reference tree. Subsequent tests were made at the 10‟ level. Notice that the balloon is nearly centered between the two tallest evergreen trees. On March 31 the applicant conducted another balloon test which was repeated for County staff on April 16. None of the area affected residents were notified of the last two balloon tests. Their stated purpose was that they were to be done from a location which more accurately represented the proposed location of the tower as viewed from the westbound lane of 250. The applicant based their May 3 appeal to the ARB on this new test which purports to show a more mitigated view of the tower. They continue to rely on this photo to show ho w the cell tower would look. His analysis shows that the most recent balloon test was flawed and the proposed cell tower would be a very obstructive object on the sky line. The applicant‟s Attachment H, which locates the tower, the various balloon tests and photo locations along with an inset drawing showing the proposed site in detail. In order to accurately relate this image to his photograph he made four modifications to the aerial map and inset. He has added his approximate photo location in the lo wer right corner, which is on the same horizontal site line as the applicant‟s photos. He has rotated the inset drawing so that the north arrow corresponds to the north arrow of the aerial photo. With the north arrows matching he was able to accurately transpose the green site line tract onto the inset detail. Finally using the existing distance scale he added a 3‟ diameter balloon to the actual location of the proposed tower. Looking at the modified inset drawing one can see relative to the green site line tract the proposed tower location is approximately one-half of a balloon width (over 18”) to the viewer‟s left of the February balloon test location. The March balloon test is approximately one - half of a balloon width to the viewer‟s right of the Fe bruary balloon location. Going back to the applicant‟s February balloon test photo, which shows the tower location roughly centered between the two larger evergreens. To the applicant‟s March balloon test photo they learned that the applicant is claiming that the new balloon test location more accurately locates the actual tower location on the sky line. Notice the balloon position relative to the tallest evergreen tree. By their reckoning the tower has moved what appears to be about 15‟ to the east usi ng the balloon as a measure of scale. In fact, the new location should have moved the balloon 18” to the west according to the inset drawing. This can be explained by the fact that on 9 a.m. on March 31 the wind was averaging 2 to 5 miles per hour and wa s coming out of the west, which would have easily moved the balloon well to the east. On February 23 when he took his photograph the wind in Ivy was 0 to 1 mile per hour from 9 to 11 a.m. when the balloon test was staged. Mary Newton continued Mr. Beaurline‟s presentation. The March balloon photograph as submitted by the applicant is an anomaly and is further supported by this photo taken by the ARB staff on April 16 of the fourth balloon test. This balloon was also flown from the new location staged at the request of the ARB staff as they were not present for the March test. The winds in Ivy were 1 to 4 miles per hour at variable direction at the time of the April test. Using this information Mr. Beaurline has modified his original photo to simulate the March balloon test and the actual proposed tower location. The March test was done at 10‟ above the reference tree, which is 6‟ or 2 balloon widths higher than in his original photo. The actual proposed tower location is the balloon in between the two test balloons. It is clear how little difference there is in between the two tests and the actual proposed location. It is clear that the applicant‟s photo simulation does not at all show how the proposed tower would actually intrude on the sky line. This rather is what the cell tower would look like when approaching Ivy for over five months of the year. Amy Vigilante, resident of 2930 Morgantown Road, said that she was also an AT&T cell phone customer with reliable coverage, which she is happy with. She argued tonight that the applicant, AT&T, does not 9 meet the Code requirements for a Tier 2 under #2, which states that the site shall provide adequate opportunities for screening and the facility shall be cited to minimize its visibility from adjace nt parcels and streets regardless of their distance from the facility. The Singleton site where the pole is to go has few trees and mainly overgrown with vines and brush. She was floored when she heard of the application as the pole is so invasively close and visible to four houses nearby and from a distance. She questioned what proper screening or mitigation would be. To figure this out she drove around the area where other cell towers have been approved. Ms. Vigilante presented and reviewed examples of other existing cell tower sites on a poster board. In one example at Dry Bridge the cell tower is in a wooded area behind the house where it is hardly visible. Another site off of Morgantown Road the tower is just above the ridge and slightly visib le. In Bellair the tower is located so to be hardly visible. In West Leigh the tower is right above the ridge line . In the examples that have been approved the sites are screened and heavily wooded. In a photograph of the Singleton site taken a few days ago she contended that there is a difference. Ms. Carmichael says that the Singleton site is heavily, but she would disagree. There is the one reference tree with ivy growing up dead trees. The reference tree where the pole is going is not a mitigated area. In both the summer and winter view the proposed tower would go right in a sky lit view. The tower would be visible from other vantage points including Morgantown Road. She would argue that the balloon was more than 10‟ above the tree line and probably 20‟. Therefore, she would argue that the tower site is not mitigated. Jim Sofka, resident of 2850 Morgantown Road, presented a PowerPoint presentation noting that his house was on the eastern triangular lot with the stone wall. He had been in contact with Mr. Robert Caldwell, who is the owner of Duner‟s Restaurant. Being out of town, Mr. Caldwell asked him to register on the record his strong disapproval of the request. He noted that all four of the evergreen trees in the photo are located on h is property. The large evergreen tree the County has identified is 6‟ from the front of his house. It is an Eastern standard Hemlock that he has treated because it is diseased with blight. It is 316„ by GPS to the tower stake. He agreed that Ms. Carmichael is right that there are trees on the Singleton property, but unfortunately they don‟t command the ridge line. Under Section 3 and the Tier II rules in Sections 2 and 6 it refers to these trees, or the tallest ones, that are all located on his land. A few of the trees are located on the Gibson‟s property next door. He gave an open invitation to the Planning Commission to visit the site. Therefore, it is his argument that AT&T is piggy backing on the Gibson‟s and his land in order to satisfy their requirements. In a simulation he showed what the site will look like without the tree tops that they own in question were removed. Of course, he has no desire to rip trees down. However, the two tallest evergreens are Hemlocks that are diseased. He treats the Hemlocks annually. His arborist has certified this. However, given that the trees are within 10‟ of his roofline, should the trees become diseased they must be removed. This is a 25 year lease. These trees are off site. He identified the trees in the photo that are located on both the Gibson‟s and his property. A few of the trees in the back are on the Singleton property. It is clear that the topography of this is commanded by trees on a ridgeline that they do not possess. It is 100‟ plus outs ide of the orbit of what they have to satisfy with 200‟. Trevor Gibson, resident of 2852 Morgantown, noted that his property was directly adjacent to Ms. Singleton‟s property. In PowerPoint presentation he explained several photographs of what the tower would like from his house from various locations. He read a statement based on a couple of the slides. This is a reiteration of the Tier II, Section 2 which provides that adequate opportunities for screening in the facility shall be sighted to minimize visibility. From the previous speakers it is evident that adequate opportunities for screening from the street level and neighboring properties would be impossible because AT&T does not control the trees. From his house it is also impossible to provide a dequate screening. It is liken to trying to hide an elephant in a living room, which can be seen from looking at the photographs. From his six -year old daughter‟s bedroom the tower would be very visible. The tower location is sandwiched in between two properties in a neighborhood environment that has small parcels of one to two acres, school bus stops and a shared driveway. There are children around all the time. In a photo from his breezeway it shows the trees with ivy and shrubs to be relied on for c overage. The photos from the various locations in his house display that the tower would basically be part of their life for the rest of the time that they are in this house. They are planning on living in this house for the rest of their lives. 10 The tower would be a few feet below where it would need to be for that 69‟ tower to crash into their yard. The proposed tower site would be completely intrusive into his house. They are very concerned about it. They also believe that the precedence such a tow er would set would be detrimental to the quality of the life they have in Albemarle County. They moved to the country setting for that setting and the wonderful school district. This is a game changer for his family. The tower does not belong here and is not appropriate for this site. They would like to suggest that the request be denied on merit pursuant to both Sections 2 and 6 of the Tier II Code as demonstrated. There being no further public comment, Mr. Loach invited the applicant to make their rebuttal. Ms. Carmichael asked to clarify a couple of things. They did four balloon tests for this site. Obviously, with each balloon test there are varying conditions, such as wind, temperate, tree foliage, etc. Thus, one cannot have the same exact picture each time. There are varying conditions for each of the photographs. The photographs in her presentation are per their engineers and planners of the most precise and exact photo simulations and location of the tower that they can obtain. As can be seen there is quite a bit of coverage of trees and things like that in the area. They can‟t actually fly the balloon at the exact location of the tower, but they have done their very best with their engineers and everyone analyzing this to simulate exactly where the tower would be. Those are the items that they showed. With the plans they have to do a tree survey of the tower location. Within 50‟ of the tower there are over 30 trees, which are in varying ranges between 40‟ and 50‟ high. So there are significant trees in the area as seen in the photographs. The Architectural Review Board, as noted in the minutes, had no issue with any of the views except the one view from Route 250 West. The ARB reviewed the view from Route 250 and Duner‟s Restaurant and had no issues from any of those views. Removing the trees in the Photoshop from the Sofka property is a little bit crude. Just placing a white box over that is not an accurate view of what the actual tree lining would be along that area. Although those trees right now could provide screening for that area they are relying on the trees on the Singleton property to provide the mitigation of the majority of the view of the tower, the ground equipment, etc. They are relying on the trees on the Singlet on property. There are over 30 trees within 50‟. Towers are not intended to be invisible. They have mitigated the view of the tower using the on-site trees. Again, it is not intended that they are suppose to be invisible. They have had an arborist out on the site that did a tree conservation plan, looked at the health of the trees, etc. and provided that information to the county. There being no further public comment, Mr. Loach closed the public hearing to bring the matter before the Planning Comm ission. Mr. Gatobu pointed out that the planner with the ARB, Brent Nelson, is present to answer questions. Mr. Lafferty asked if the applicant had checked on the location on the hill where they were taking pictures from about locating the tower there and it was not possible. Ms. Carmichael reiterated the question was did they consider locating the tower on a property that was at the top of the hill coming west on 250 in order to provide the coverage. One of the interesting things about trying to provide coverage into this area is that there is such a great elevation change between the top of the area and the low lying area. The area they are trying to cover is at the very bottom of the hill. They looked at all possible locations within the area, co-locations, existing buildings, existing towers and other properties in the area. This was the best match to provide coverage in the area they are trying to cover. Mr. Loach noted that one of the slides shown was of what would happen if these trees that are prone to disease that the gentleman has been treating died. He acknowledged that they already have a tree plan as the applicant described. He asked what happens if those trees off -site that provided partial shielding should died and not provide that function. He asked if the situation would be re-evaluated. Mr. Gatobu replied that is a very good question. As they look at a lot of these towers their visibility is mitigated by trees that are on site and off site. They try really hard to make sur e that they capture what is 11 on site and m ake sure that those trees are preserved. The area specified in the zoning ordinance is so the agent is able to go for a radius of 200‟. It means they would be controlling trees that are way beyond that which he can‟t tell if he owns three parcels ahead and they had trees they had to cut down. They can‟t fault the applicant because those trees are there at that point. But if those trees are taken out they can‟t just say we can‟t say because they are taking the trees out the tower can‟t be approved. It is more a judgment call in that sense in that the area that is surrounding the proposed tower site is what is used in terms of mitigation in terms of the trees. They are right that some of the trees at some point could be cut down. As an example, there is one Woodson tower that was approved on Rio and 29 at the Crossroads Store. In a photograph he showed that there were a lot of trees in between on other properties where they could cut some of the trees. The tower could be seen and it was not invisible even though there are some trees blocking it. In this case how far can they go beyond the 200‟ is a good question. They have a tree conservation plan showing at least 200‟ and they can‟t cut anything. They have to m ake sure that they meet all of the tree conservation. They had an arborist look at the trees and determine how they are going to preserve the trees. Mr. Loach asked if those trees died would there have to be a modification of the cell tower. Mr. Gatobu replied no, if the trees are out of the 200‟. Within the 200‟ if trees died, then staff could require them to plant some trees or something. But beyond that they can‟t really do anything. Mr. Kamptner pointed out that if the reference tree dies, falls or is removed, then the height of the facility has to be accordingly adjusted or re-located. It is the reference tree within 25‟ that dictates height. Mr. Zobrist said that the sky lighting issue is an issue because it appears to be sited on the ridge and is getting back lighted wherever one looks at it in the various photographs. They would not have the by right if the tower location was above the ridge line if it was being back lighted. Mr. Gatobu said that there was a question like that. If they go on Mr. Sofka‟s property they would be able to see it. It is just a road elevation. Ms. Carmichael did a good job in the video from within a car. When one comes down the hill it is visible for a few seconds, but when one dips down it sort of disappear s. That is the problem with covering areas that are low lying. Mr. Zobrist noted that it was just the angle one looks at it that makes it look back lit as opposed to actually being back lit. That ties into his next question. It seems like the community used a heavy magnification to make the balloon bigger, which he did not like. He was not sure how it really looks like. He looked at the movie, which was not offensive at all. When he looked at the stuff the neighborhood showed, with them bringing in a professional photographers showing a view that they want us to have, he was not sure what the real view is. Mr. Gatobu pointed out that if driving the view of the tower was questionable unless someone pointed it out. The question is could you see the tower or does it stand out so you know it is there while driving in a car at 35 miles per hour or the speed limit for ten seconds. He asked if one would look straight up and see the tower right in front of them. Mr. Zobrist noted that he would be worried about saving his life while driving through that community. That is the biggest problem he has. Mr. Gatobu asked if there was a passenger in the car would they be able to see it. Unless they knew the tower was there he asked would they see it. He pointed out that there are a lot of towers that are not visible unless someone pointed out the location. That is Albemarle County‟s policy. They made a trade off. There is a 200‟ tower going towards Augusta County, which is very visible. But, Albema rle County wanted to make sure that they have a nice visual drive within the county. So they chose these small antennas, which are allowed in every zoning district and listed as a by-right use. People want cell phone service. Mr. Loach noted that his main problem was not from 250 because of all of the light poles and the bridge, but from what was shown from Mr. Gibson‟s house and its visual impact. Mr. Zobrist brought up a good question on how they start to really deal with which one of these photographs and determine the one that gives the best perspective. 12 Ms. Monteith agreed that it was not so much the road. She thought that was not the big concern that they were hearing tonight. They are only hearing from the people that are the directly affec ted neighbors. She has to believe that there are many more people who are going to be visually affected by this. Mr. Loach invited the ARB representative to address the Planning Commission. Brent Nelson, Landscape Planner, noted that he took the request before the ARB and their concern was only with the view while westbound on Route 250 starting at the top of the hill and proceeding down into Ivy. It was not visible eastbound on Route 250 and looking up at the site from Duner‟s it was their belief that it was sufficiently mitigated at that point. Mr. Loach asked if the ARB‟s concern was only with the view shed as from the 250 perspective. Mr. Nelson replied that it was from Route 250 westbound into the Village of Ivy. Motion: Mr. Zobrist moved and Mr. Morris seconded the motion for denial based on the technical grounds that the ARB has not approved the Certificate of Appropriateness. Mr. Loach noted that there was a motion and a second for denial based on the denial of the ARB. The motion was passed by a vote of 6:0. Mr. Lafferty asked if this puts the applicant in a Catch-22 that they can‟t the approval of the ARB until they have approval from the Planning Commission. Mr. Kamptner noted that this decision is appealable to the Board of Supervisors and the Board of Supervisors will be hearing the ARB appeal on July 14. Mr. Zobrist pointed out that they were moving the political decision from the Planning Commission to the Board of Supervisors. Mr. Lafferty said that the Commission was passing the buck, and Mr. Zobrist agreed. Ms. Carmichael asked for a clarification on the motion for the motion. She asked if it would have been approved had it not been a technical denial. Mr. Kamptner replied that the stated reason in Mr. Zobrist‟s motion for de nial was because the ARB had not approved the Certificate of Appropriateness yet. Mr. Zobrist said that is the sole basis for the motion. The motion for denial passed by a vote of 6:0. Mr. Loach said that the Planning Commission denied SDP--2010-00003, Singleton Tower. The applicant can appeal the decision to the Board of Supervisors within ten days of the decision. (Recorded and transcribed by Sharon C. Taylor, Clerk to Planning Commission & Planning Boards) COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Appeal of ARB Decision on Singleton (AT&T) Wireless Facility SUBJECT/PROPOSAL/REQUEST: Appeal of ARB-2010-02: Singleton (AT&T) STAFF CONTACT(S): Messrs. Tucker, Foley, Davis, Graham, Cilimberg, and Nelson LEGAL REVIEW: Yes AGENDA DATE: June 9, 2010 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: On May 3, 2010 the Architectural Review Board (ARB) reviewed and denied a request (ARB 2010-02) to install a personal wireless service facility consisting of a steel monopole with a height of 10’ above the reference tree and related ground equipment. The May 3 action was the second ARB denial of this proposal. The ARB staff report, Attachment I, outlines the history of the project and provides additional details on the proposal. Attachments II, III and IV, photo simulations and an aerial view from the applicant’s ARB submittal, illustrate the proposal. The May 3 ARB denial letter is Attachment V. As a Tier 2 facility, this proposal requires a site plan, but not a special use permit. Planning Commission (PC) review of the site plan is scheduled for June 22, 2010. The Board of Supervisors may affirm, reverse, or modify in whole or in part the denial of the certificate of appropriateness. In so doing, the Board shall give due consideration to the recommendations of the ARB together with any other information it deems necessary for a proper review of the appeal. STRATEGIC PLAN: Goal 1: Enhance Quality of Life for All Citizens. The goal of architectural review in the Entrance Corridors (EC) is to ensure that new development reflects the traditional architecture of the County and to promote orderly and attractive development, which contributes significantly to the quality of life of the County’s residents. DISCUSSION: The ARB denied the Singleton proposal based on a finding that the monopole would not have an appropriate appearance from the vantage point on Route 250 descending westward into Ivy and that particular view was not sufficiently mitigated. Factors contributing to the inappropriate appearance included the lack of a wooded backdrop (the facility would be sky-lit), the reliance on off-site evergreen trees to mitigate the tower’s appearance, the duration of the view (the facility would be highly visible for approximately 350’ descending westbound into Ivy and still visible, but to a lesser degree, for another 300’ along the EC), and the prominence of the view (the monopole would be oriented directly in line with the view of westbound traffic). The decision to deny the application was based on the ARB’s review of the proposal according to the Architectural Review Board’s Design Guidelines (“design guidelines”) and Personal Wireless Service Facilities Policy (“wireless policy”), as they are typically applied to this type of proposal. The Entrance Corridor guidelines for general design and treatment of structures, accessory structures, equipment, development pattern, grading, compatibility with historic resources, maintenance of views and vistas, the establishment of orderly and attractive development, and achieving unity and coherence are typically considered for telecommunications facilities. The guidelines s tate that mechanical equipment and above-ground utilities should be screened to eliminate visibility from the EC street, but, recognizing a wireless tower is not a utility as defined by the ordinance, the ARB has never required that this guideline be fully met for a telecommunications facility. The ARB has reviewed such proposals with the understanding that the County has a wireless policy that provides for mitigation of negative impacts rather than invisibility as the goal for wireless proposals. The ARB has reviewed and approved wireless towers with conditions to mitigate negative impacts on the ECs in an attempt to work within County policy. The County’s wireless policy and ordinance encourages facilities to have minimized visibility from adjacent parcels and streets. Generally visibility of facilities is minimized by, among other things, an adequate wooded backdrop (facilities are not sky-lit). In Avoidance Areas (e.g. ridge areas, AFD’s, historic districts, cluster areas, and within 200 feet of scenic highways) facilities cannot be sky-lit. However, Entrance Corridors are not deemed to be Avoidance Areas under the County’s wireless ordinance and this facility is not within 200 feet of Route 250. The purpose of the ARB’s AGENDA TITLE: Appeal of ARB Decision on Singleton (AT&T) Wireless Facility June 9, 2010 Page 2 Certificate of Appropriateness is to ensure that development in the ECs reflects the traditional architecture of the area and that development within the corridors is orderly, attractive, and enhances the community’s quality of life. Because a wireless tower rising above the treetops is not typically compatible with such purposes, correct siting of wireless facilities is extremely important. In the Singleton case, a wooded backdrop would likely mitigate the objectionable view, but the proposed siting does not provide for a wooded backdrop. Instead, staff and the ARB found this structure in this location provides a prolonged skylighted exposure directly in front of a westbound driver on Route 250. ARB discussion of the proposal acknowledged that the view descending westbound into Ivy along the Entrance Corridor was long and prominent. The view is important; entrance into this setting announces arrival in the village. Concern was expressed for the proposed facility’s impact on the character of the area and on nearby historic resources. Although Ivy has not been designated a National Register Historic District, there are a number of historic properties in the area. The county’s Village Survey (“Historic Architectural Survey of Albemarle County Villages”, 1995) identified several of those properties and recommended additional survey work to identify other potential historic structures. These historic resources, the properties along this section of Rt. 250 West, and the general scenic quality of the area all combine to establish a unique character for Ivy, and a setting that is locally significant. The applicant’s representative has noted that the visibility of the proposed facility is mitigated by the visual distractions that already exist in the area. Although utility poles, flag poles, signs, and the like do exist, staff noted their existence does not void the EC goal of promoting orderly and attractive development. The Zoning Ordinance and Design Guidelines do not provide specific direction on how the ARB should evaluate the visibility of a wireless tower in considering a Certificate of Appropriateness. On the other hand, the Zoning Ordinance’s Supplemental Regulations call for the Planning Commission’s review of a Tier II wireless facility to consider its visibility and provides specific guidance on that evaluation (18-5.40.d.2). Given this, staff believes the Board should defer acting on this appeal until the Planning Commission makes its determination whether this facility has addressed this visibility criterion. As noted above, this is scheduled for a June 22nd Planning Commission action. If the Planning Commission decides the facility’s is not acceptable as proposed, staff anticipates the applicant would also appeal that decision to the Board. Otherwise, a Planning Commission denial would make this appeal a moot issue. This suggests the Board would be better served to consider both appeals at the same time. Alternatively, should the Board have a clear opinion on the appropriateness of this tower location, it may decide this appeal and provide the Planning Commission clear guidance on how to consider the application on June 22nd. BUDGET IMPACT: This item has no budget impact. RECOMMENDATIONS: 1. Staff recommends the Board defer acting on the appeal until July so the Planning Commission can consider the Tier II application scheduled for a decision on June 22nd. However, if the Board makes a decision today, staff recommends that the Board provide direction to the Planning Commission on its consideration of this facility. 2. Recognizing the need for additional clarity with respect to the ARB’s role in evaluating the visibility of a Tier II wireless tower, staff recommends the Board clarify that it is the role of the Planning Commission to evaluate the visibility of the tower. The ordinance already allows the ARB to provide a recommendation to the Planning Commission. This will clarify that the ARB’s consideration of a Certificate of Appropriateness is to apply the Design Guidelines to the wireless facility after the Planning Commission has approved the location of the tower. ATTACHMENTS Attachment I: Staff Report for Singleton (AT&T) proposal at 5/3/10 ARB meeting Attachment II: Aerial view drawing of the proposal from applicant’s ARB submittal Attachment III: Photo simulation of proposal provided by applicant Attachment IV: Photo simulation of proposal provided by applicant Attachment V: Action letter from 5/3/10 ARB meeting Attachment VI: Minutes from the 3/15/10 and 5/3/10 ARB review of the Singleton (AT&T) proposal Attachment VII: Applicant’s request for appeal Attachment VIII: Applicant’s additional information for appeal March 29 2010 Attachment IX: Applicant’s additional information for appeal May 7 2010 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Jordan Development Corporation Lease Agreement for the Meadows Community Center SUBJECT/PROPOSAL/REQUEST: Public hearing for the proposed lease agreement between the County and Jordan Development Corporation for the Meadows Community Center STAFF CONTACT(S): Messrs. Tucker, Elliott, Davis, Herrick, White and Mullaney LEGAL REVIEW: Yes AGENDA DATE: July 14, 2010 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: In 1977, the County of Albemarle entered into an agreement appointing Jordan Development Corporation (Jordan) as the County’s agent for the construction and management of the Meadows housing project in Crozet. The original Meadows project included the construction of residential units and a community center on 27.9 acres of property. Under this agreement, the County maintained ownership of the community center and the land upon which the center was constructed while the remainder of the property was transferred to Jordan. Upon completion of the community center, the County was to lease the center to the Jefferson Area Board for the Aging or other appropriate agency under a separate agreement. Upon completion of the residential units, Jordan assumed sole responsibility for the management of those units. While no evidence of a formal agreement can be documented, the Jefferson Area Board for the Aging did originally operate the community center but ceased operations in 1981 due to funding reductions. Absent any other interested appropriate agency, the Parks and Recreation Department assumed responsibility for the operation of the community center on January 1, 1982. Jordan has historically maintained an office in the community center for leasing and management of the Meadows residential units at no cost to Jordan. During the FY 10/11 budget process, each department carefully reviewed program expenditures and services and identified potential budget reductions based on those reviews. The Meadows Community Center i s primarily used by the residents of the Meadows with some weekend and evening use by the community. With the rehabilitation and expansion of the Meadows housing complex which is currently underway, the activity in Jordan’s leasing and management office and the overall use of the community center by Meadows residents will be increasing. Therefore as a budget reduction measure, the Parks and Recreation Director recommended transferring the responsibility for operating the center to Jordan or closing the center. After review by the Leadership Council, County Executive’s staff and the Board of Supervisors, this recommendation was ultimately approved and no funds are budgeted in FY 10/11 for the annual operations of the Meadows Community Center. Discussions between County Parks and Recreation and Housing staffs with representatives of Jordan, Management Services and the Piedmont Housing Authority have resulted in the proposed lease arrangement between the County and the Jordan Development Corporation. Virginia Code § 15.2 – 1800 requires that the Board advertise and hold a public hearing prior to leasing County- owned property. STRATEGIC PLAN: Enhance the Quality of Life for all Citizens & Fund the County’s Future Needs DISCUSSION: Under the proposed lease agreement, Jordon will continue to maintain an office for leasing and management of the AGENDA TITLE: Jordan Development Corporation Lease Agreement for the Meadows Community Center July 14, 2010 Page 2 Meadows housing project. Jordan will assume responsibility for the supervision and operation of the community center during the Monday through Friday daytime hours the leasing office is open. In addition, Jordan will pay annual rent in the amount of $6,000 to the County in equal monthly installments. The rent amount was determined to offset the estimated annual electric, water and routine maintenance and repair costs for the community center building which will remain the County’s responsibility. Jordan will be responsible for paying for telephone service for the building. After-hours use of the community center, typically weekends and evenings, will still be managed and supervised by the Parks and Recreation Department. After-hours use of the community center by Meadows residents or for the benefit or Meadows residents will be managed and supervised by Jordan. All reservations for after -hours use of the community center will be requested through the Parks and Recreation Department, who will maintain a master calendar of building use. Jordan and the County will share trash collection and janitorial expenses based on use. BUDGET IMPACT: Funding for the operation of the Meadows Community Center was eliminated from the Parks and Recreation Department budget for FY 10-11. This lease arrangement allows the community center to remain open to support the Meadows housing project and provides for the continued use of the center by the community while providing sufficient revenue to offset the County’s routine operating expenses. RECOMMENDATIONS: After the public hearing, staff recommends the Board approve the lease with the Jordan Development C orporation and authorize the County Executive to sign the lease on behalf of the County. ATTACHMENTS A – Proposed Lease Agreement Return to regular agenda COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Oak Hill Sewer Phase 1 Project SUBJECT/PROPOSAL/REQUEST: Public Hearing – Impact of Oak Hill Sewer Phase 1 Project on Wetlands STAFF CONTACT(S): Messrs. Tucker, Davis, Elliott, White LEGAL REVIEW: Yes AGENDA DATE: July 14, 2010 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: In March 2010, Albemarle County submitted a Community Development Block Grant (CDBG) application to the Virginia Department of Housing and Community Development (VDHCD) requesting funding for the installation of a sanitary sewer system in the Oak Hill neighborhood. On June 23, 2010, Governor McDonnell issued a press release regarding CDBG awards announcing that the County had been awarded $712,500 for this project. County staff and Albemarle County Service Authority staff will work with DHCD over the next few months to complete all requirements necessary for the execution of a contract between the County and DHCD. STRATEGIC PLAN: The County’s new FY 10/11 to FY 12/13 Strategic Action Plan is currently being finalized . DISCUSSION: Completion of an Environmental Review Record is required prior to the execution of a contract with DHCD for this project. Most of the environmental review has been completed with no impacts noted with the exception of the possibility that approximately 300 square feet of wetlands could be temporarily impacted during construction of the sewer system. Any adverse impact to wetland areas will be mitigated and returned to their natural state upon completion of the project. Draper Aden, the project engineer, made inquiries to the Virginia Marine Resources Commission (VMRC), the Department of Environmental Quality (DEQ), and the Army Corp of Engineers regarding potential wetland disturbances. Responses indicated that the project does not fall within the jurisdiction of the VMRC and that a Virginia Water Protection permit is not required by DEQ. However, the use of CDBG funds makes this project a federal -action requiring additional public input on impacts to wetlands , including a 15-day comment period and a public hearing. The public notice (Attachment A) was published on June 28, 2010 with the public comment period ending on July 14, 2010. After receipt of any comments prior to or during this public hearing, the County is required to publish a Notice of Explanation on how the project will go forward mitigating or minimizing impacts to the wetlands. BUDGET IMPACT: There is no impact on the general fund budget. Publishing costs will be covered by administrative funds provided with the CDBG project funding. RECOMMENDATIONS: Staff recommends that the Board of Supervisors conduct a public hearing to obtain public input regarding wetland impacts for the Oak Hill Sewer project. ATTACHMENTS A – Early Public Notice Return to regular agenda [Instructions: Publish as a non-legal display advertisement in the local paper.] EARLY PUBLIC NOTICE (Floodplain and/or Wetlands) The County of Albemarle, Virginia is considering the installation of sanitary sewer in the Oak Hill neighborhood Community Improvement Grant. A portion of the project may impact approximately 300 square feet of wetlands. A more detailed description of the project area and maps are available for citizen review at the County’s Office of Housing (1600 5th Street) between the hours of 8:30 a.m. and 4:30 p.m. The County is interested in discussing alternatives to this project and securing public perceptions of possible adverse impacts that could result from the project and possible minimization measures. A public hearin g is scheduled on July 14, 2010 at 6PM in the Lane Auditorium, 401 McIntire Road, Charlottesville, VA to discuss the Community Improvement Grant application. Please attend or submit comments by July 14, 2010. Comments should be addressed to: Ron White County of Albemarle 1600 5th Street Charlottesville, Virginia 22902 (434) 296-5839 TDD 711 Return to exec summary COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Economic Development Action Plan SUBJECT/PROPOSAL/REQUEST: Adoption of Revised Economic Development Action Plan STAFF CONTACT(S): Messrs. Tucker, Foley, Davis, Kamptner, and Graham; and Ms. Stimart and Ms. Catlin LEGAL REVIEW: Yes AGENDA DATE: July 14, 2010 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The draft Economic Development Action (“EDA”) Plan was originally presented to the Board at its May 5, 2010 meeting. The EDA Plan was created in response to the 2010 Albemarle County Action Plan approved by the Board on January 6, 2010, which included direction to staff to “work closely with the Partnership for Economic Development and the Chamber of Commerce to develop a plan in the first six months of 2010 to significantly increase non -personal tax revenues through economic growth.” At the May 5 meeting, the Board heard an overview of the draft EDA Plan and scheduled a work session for June 2. At the June 2 work session, the Board received public input on the plan and Board members provided suggested revisions. The Board also directed staff to conduct two roundtable sessions to allow members of the public to comment on the draft Plan and scheduled a public hearing on July 14. This executive summary provides information about the public input and incorporates major themes from the public input into a revised EDA Plan for the Board’s consideration. STRATEGIC PLAN: N/A - The County’s new FY 10/11 to FY 12/13 Strategic Action Plan is currently being finalized. DISCUSSION: Public Input Summary Staff revised the draft EDA Plan incorporating the Board’s June 2nd comments and posted the revised Plan on the County website. Staff also conducted two roundtable sessions that were open to the public to discuss any proposed changes to the Plan’s language for the Board’s consideration on July 14th. The roundtable schedule was distributed by AMail, communicated to the media in a press release, emailed directly to specific stakeholder groups and advertised on the County website. All comments from the roundtables and all emails and written comments received from individuals and organizations are provided in Attachments B and C. It is important to note that the roundtables were very well attended and involved energetic and insightful dialogue about the proposed EDA Plan and related topics. The great majority of the comments were productive and thoughtful, and occurred in an atmosphere of civility and mutual respect that reflected the importance of this topic to the roundtable attendees. Details of the public input to date: 85 total roundtable attendees 23 emails received 15 stakeholder groups represented, including the following: ASAP Blue Ridge Home Builders Association Charlottesville-Albemarle Chamber of Commerce Charlottesville Albemarle Convention and Visitors Bureau (CACVB) Charlottesville Technology Incubator Economic Development Authority Economic Development of Scottsville Free Enterprise Forum Local Food Hub Natural Heritage Committee Piedmont Environmental Council Piedmont Group of Sierra Club PVCC –Workforce Services UVA Environmental Services UVA Foundation AGENDA TITLE: Economic Development Action Plan July 14, 2010 Page 2 Revised Action Plan Because there is a significant amount of material to consider, staff has provided analysis below to identify major themes and areas of consensus that appear to fit the intent and scope of the EDA Plan. These major themes and areas of consensus have been incorporated into the revised Plan (Attachment A) for the Board’s consideration at the July 14th meeting. The revised Plan also includes wording and formatting changes suggested by the public to improve the Plan’s clarity and readability. Comments that staff believe are addressed by other areas of the Comprehensive Plan and would be redundant in this document or that were considered to be outside the scope of this focused, three year Plan were not incorporated into this revised draft Plan. All comments are provided in Attachments B and C and can be revisited during the meeting at the request of the Board. A substantial number of significant issues were identified and productive suggestions made by the public that will be important elements in the implementation of the Plan or that may be incorporated into possible future phases of the Plan once its initial objectives are met. Staff recommends that all of the public comments be retained for reference as the Plan is implemented. Although no specific comments were provided by the School Division during the roundtable sessions, staff believes that the School Division is an integral component of a successful EDA Plan and recommends that the County include the School Division in all appropriate stages of the Plan’s implementation. Major public input themes that fit within the EDA Plan’s intent and scope: Concern that the Plan did not provide adequate references to resource protection and quality of life – staff addressed this by including specific references in the preamble to other sections of the Comprehensive Plan – Natural Resources and Cultural Assets Component of the Comprehensive Plan, Rural Areas Plan, Growth Management Strategies of the Land Use Plan - that provide an established framework within which this Plan will operate and by revising the language in Objective II. Concern that the preamble overstates the County’s success in achieving managed growth – staff addressed this by revising the preamble using language suggested in the roundtable sessions. Concern that the primary goal did not mention jobs, and that the Plan did not adequately stress the importance of jobs for current County residents – staff addressed both of these issues by revising the primary goal and by stressing a focus on good jobs for current residents in several places in the Plan, including Objective III. Concern that the measures outlined in the primary goal section did not reflect any rural economy measures – staff addressed this by adding a requirement to identify and include such metrics. Concern that the Plan’s focus should be on nurturing existing enterprises rather than attracting new business ventures – staff addressed this by revising the language in the primary goal and in Objective III. Concern about the concept of determining “target industries” and what the criteria might be – staff addressed this by revising the language in Objective III. Concern about whether the Plan encourages expansion of the Development Areas – staff addressed this in Objective IV by emphasizing that the Plan is focused on activity within current designated Development Areas. Concern about whether the rural economy and agriculture is adequately represented apart from agribusiness and tourism – staff addressed this by revising the language in Objective V. BUDGET IMPACT: The revised Economic Development Action Plan was developed to be implemented with existing resources. If other outcomes or objectives/strategies are added to the Plan, it could create a need for additional resources. RECOMMENDATIONS: After conducting a public hearing, staff recommends that the Board adopt the revised Economic Development Action Plan (Attachment A). ATTACHMENTS A – Proposed Economic Development Action Plan B – Written Comments C – Roundtable Verbal Comments Return to regular agenda Economic Development Action Plan Comments June 16,2010 June 16,2010 June 22,201 0 June 23,2010 June 24,2010 June 28,2010 June 29,2010 June 29,2010 June 30,2010 July 1, 2010 July 1, 2010 July 1,201 0 July 1,2010 July 1,2010 July 2, 201 0 July 2,20 10 July 2,201 0 July 2, 20 10 July 3, 2010 July 5, 2010 July 5,2010 July 5,2010 July 6, 2010 Attachment B Anna Freshwater J Stadelmaier via Dennis Rooker Tom Olivier ASAP via Wayne Cilimberg Ben Foster Henry McHenry Jay Willer Kirk A. Bowers Morgan Butler G. Carleton Ray Jerry McCormick-Ray Neil Williamson Jeff Werner for PEC Jim Dickerson John Dean Kristina Hofmann Jay Willer David Shreve for ASAP Margie Shepherd Bob Humphris John Lowry John Lowry Dawn Story Attachment B- 1 From: Sent: To: Subject: Anna Freshwater [afreshwater@comcast.net] Wednesday, June 16,2010 1:57 AM Lee Catlin COUNTY ECONOMIC DEVELOPMENT ACTION PLAN Dear Alb. County, I have read the County County Economic Development Action Plan. It sounds like you intend to work closely with business' and real estate investors to possible 'expand' the commercial tax base. This is not the direction I like to see the County going. It is not the responsibility of Albemarle County to perform a cradle to grave prosperity mandate. This is not the Soviet Union and you are not allowed to increase the tax base to 'redistribute the wealth' and will kill local business at a faster pace than it is currently. This redistribution hurts people of all income categories, if taxes increase on business' who do you think will lose their jobs. Better yet, do the opposite, lower taxes on businesses and help expand eonomic prosperity giving them the ability to afford to stay in business. I do not wish you to continue this ill-conceived Socialist program. Sincerely, Anna Freshwater FREE Animations for your email - by IncrediMail! Attachment B-2 From: Sent: To: Subject: Dennis Rooker [dsrooker@earthlink.net] Wednesday, June 16,2010 12:OO PM Lee Catlin FW: Economic Development Plan FYI. - ------ Forwarded Message From: 3 Stadelmaier <starjims@comcast.net> Date: Wed, 16 Jun 2010 11:11:14 -0400 To: <bos@albemarle.org> Subject: Economic Development Plan The County's Economic Development Policy states the purpose to "provide the local citizenry an improved standard of living and enhanced quality of life". My wife and I object to this phrase because it can be interpreted to mean that the County will increase our standard of living either by providing us with increased income or free services that we currently pay for. Either way the only way to do this is increase taxes, and this we do not approve. We would rather the purpose be stated as "providing the opportunity or create the environment for the citizenry to improve their standard..etc.ll James & Eleanor Stadelmaier 1045 Still Meadow Xing, Charlottesville ------ End of Forwarded Message Attachment B-3 Lee Catlin From: Tom Olivier [cruz.olivier@gmail.com] Sent: Tuesday, June 22,2010 1 :02 PM To: Lee Catlin; Susan M. Stimart Cc: Audrey Dannenberg; John Cruickshank; Tom Olivier Subject: Sierra economic plan revision proposals Attachments: Sierra~econ~dev~revise~~su bmit.doc Susan, Lee, Attached please find a file with proposals from the Piedmont Group of the Sierra Club for revisions to the draft economic development action plan. I look forward to attending the roundtable discussion on Wednesday. Regards. - Tom Olivier, Conservation Chair, Piedmont Group of the Sierra Club Attachment B-3 A- 1 Proposals from the Piedmont Group of the Sierra Club for revisions to the revised Albemarle County Draft Economic Development Action Plan J~une 22.20 1 0 Contact: Tom Olivier, Conservation Chair. Piedmont Group of the Sierra Club (email: cruz.olivieri~~rnail.con~; tel434-83 1-2408 ) The preamble, which essentially serves as a set of premises for the plan, contains misleadingly rosy statements about the state of protection of natural and agricultural resources in the County. It does not recognize that the econonlic development plan should be designed for compatibility with County commitments to sustainability. [t does not recognize that the plan should aim primarily to contribute to the economic wellbeing of residents. We propose that the section of the "PREAMBLE" beginning with and ending with "The County has a proven track record ... existing, proven commitments" be replaced with" "The County has committed to the ~ccompli~shment c?f'.sustain~~bility. Ho~iever, its biological resources have been reduced by human activities. These resources are under ongoing threat due to population growth. County,furms huve been declining,fbr dectrdes. An economic action plan should support conservation of'naturul r.c..sozlr.ce.s ~~nd,furm.s. Arz econornic development plun,fir a .su.s~uinabIe community will recognize limiis to hzlmtrn population growth undphy,sical elements of'economic growth. An economic developmen/ crclion pltm Lshoulcl,fOcu.s on the economic well being of'residents. " We propose that -the "PRIMARY GOAL" of the plan be revised: "The primury goal of the plun is 12rovision of'rewur.ciing jobs und opportunitie,~ for economic advancement to residents, in an economy coml~atible with ~u~stuinability Provision of'revenues to the County is un additionul goul. " Append to the strategy in section 111.2. "PROMOTE TARGETED BUSINESS AND INVESTMENT ... development objective." the following statement: "The County should not parlner in developn~eni pr"opo,sul,s that promote populution growth. " Add the following strategy to section V, which deals with agriculture and tourism: "Recognize that local dirpect n~trr.keling of a~ricultlu.al production o8er.s the best puth to profitability for most ofAlbemarle'.~ furn1.s. Fund lhe 1.ora1 economic develol~ment planningposition called for in the rural areas chapter of the coml~rehcnsive plan Suppori progrums to certify and recognize local farmers that commit to .ste~~urd.shil:, prnclices thut perniit growing healthful food with practices that support protection of watel: h~odiversity und oiher nutzn-trl rPe.source,s. See the 2006-2007 Annual Report of the Albemurle C'ounly hru/ural Heriluge C'omriziltec (section on "Conservution recommendation.^ '7 for u propo.s~tl for such cr prog]*onz " Attachment B-4 Lee Catlin From: Wayne Cilimberg Sent: Wednesday, June 23,201 0 3:31 PM To: Lee Catlin; Susan M. Stimart Subject: FW: ASAP'S position on the Draft Economic Development Action Plan Attachments: ASAP'S response to Economic Dev. Plan.docx FYI: From: asapvirginia@gmail.com [mailto:asapvirginia@gmail.com] Sent: Wednesday, June 23, 2010 3:18 PM Subject: ASAP's position on the Draft Economic Development Action Plan Dear Members, Attached for your information, is a copy of an ASAP handout that we will be distributing at this evening's first Roundtable Discussion of the Economic Development Action Plan. It is essentially a briefer version of our news release. We would also like to share with you an op-ed by Tom Horton on ASAP's attempt to keep Albemarle sustainable and on the current controversy over the proposed Economic Development Action Plan. Tom was the featured speaker at our March, 2009 open membership meeting. He is the author of six books and was an environmental writer for the Baltimore Sun for nearly 33 years. Here's the LINK to his article: And one last thing ...p lease also take the time to post a positive comment about ASAP's stance to the Action Plan on the Daily Progress website. Here is a link to today's front-page story. http://www2.dai1yprogress.com/cdp/news/1oca1/artic1e/ub1ic to weigh in on economic planl57509/ Attachment B-4 A- l ASAP'S Response to the Draft Economic Development Action Plan for Albemarle County The value of these roundtable talks is significantly lessened by BOS ground rules that forbid examining the premises upon which the plan was founded. What's the point of focusing on the details of a plan based, as this one appears to be, on a set of flawed assumptions? The stated Primary Goal of the plan is to "Increase the County's economic vitality and future revenues through economic development by expanding the commercial tax base." No evidence of a comparatively weak economy was offered by the Plan's proponents nor do Albemarle's property taxes appear to be excessive in comparison to peer counties. Consider the following facts. Economic Vitality: Economic vitality is not a chronic problem for Albemarle County. It's current revenue shortfall is a consequence of national and global macroeconomic trends and not the result of reluctance on the part of businesses to settle here. The County has one of the largest manufacturing concentrations in Virginia's Piedmont region, a growing wine industry, and is the home of two VA-owned research parks designed to expand relationships between the university and the private sector. (Source: TJPED http:llwww.tpedcomlreqionalAlbemarle.html). The County's current Quarterly Economic Indicators report states that, "A comparative analysis would reveal that Albemarle has not been as seriously impacted by the recession as have been many other localities around the state and country ..." For example, current national (9.7%) and Virginia (7.1%) unemployment rates far exceed Albemarle's 4.7%. The Plan's proponents appear eager to lure more outside business to Albemarle. They fail to take into consideration the fact that any jobs these businesses create will most certainly attract job seekers from outside the area -- alorlg with their job-seeking spouses, school aged children, and (on average) 2.5 cars. It's common knowledge that the amount of revenue newly built homes yield in taxes doesn't come close to covering the infrastructure needs of the families occupying them. This funding shortfall is typically made up by increasing the tax burden of the community as a whole andlor cutting back on government services. The Plan could have little if any effect on reducing local unemployment, but will certainly increase the need for expansion of infrastructure, and will do nothing to alleviate our increasingly severe traffic problems. Expanding the Commercial Tax Base: The assumption here is that by altering the ratio of commercial to residential taxes to an "ideal" of 70% residential to 30% commercial, the County will secure sufficient revenues for the building and maintenance of infrastructure without having to increase taxes on residential property. Albemarle's residential to commercial tax split of 75% : 25% is about average for the short list of Virginia peer counties to which Albemarle is compared in Attachment D of the Executive Summary that introduced this plan. And the county whose actual residence to commercial ratio comes closest to the targeted "ideal" (Henrico at 71% 129%) has the third highest tax rate of the group, whereas Albemarle's is the lowest. (See Table 1 below.) Table 1, which supplies population and tax rate data for the six counties listed in staffs Attachment D, suggests that tax rates appear to be more closely related to population size than to the residential to commercial tax splits. In fact, an examination of the ten most populous and ten least populous counties in Virginia also shows a striking correlation of tax rates to population size. (See Table 2 below.) The average tax rate of the ten most populous counties is 89 cents per $100 of assessed value, whereas that of the ten least populous counties is only 63 cents. * Will it truly serve the common good to approve a plan constructed by the same development interests that have so heavily expanded our infrastructure needs over the past few decades, especially when some easily obtained evidence runs counter to the assumptions underlying their Plan? We don't think so. Attachment B-4 A-2 Table I: Population and Tax Rates of Select Virginia Counties*" County Population Tax Rate Res./Com. Split Average Tax Rate for these counties is 9 1 cents (544.216 = 90.7) Chesterfield ~verage Tax Split is 76124 "Counties listed in Attachment D of County of Albemarle, Executive Summary, Agenda Title: Economic Development Action Plan, 5/5/10 307,594 .95 1 80% i 20% TABLE 2: Tax Rates of Most and Least Pollulous Virginia Counties Virginia Counties with HIGHEST Population Size i~lld Resideatial Tax Rate Loudon County I'olx~lation Residential Tax Rate 298.1 13 1.30 179%/21% 1 Fairfax 1,036,473 1 1.09 Loudon 1 Chesterfield 307.594 .95 Henrico Virginia Counties with LOWEST Population Size and Residential Tax Rate 298.1 13 u Stafford Hanover Albemarle Rockingham Augusta 1.30 296,490 - .87 Arlington Average Tax Rate is 89 cents (89011 0) 125.892 98,624 95,247 75,962 72,l 14 County Pol)ulatioo Residential Tax Rate 1.10 .8 1 ,742 .60 .48 Highland 3,273 1 .6 1 Bath 4,745 .55 1 -- - - 2 1 2.038 1 - ,958 .58 Rappahannock Bland Surry Mathews Average Tax Rate is 63 cents (634110) Sources: Population figures: Weldon Cooper, Provisional figures for 2009 Tax rate data: Individual county websites or, if unavailable on internet, telephone contact with the county I King & Queen 1 6,h75 .48 7,066 *We recognize that in addition to a county's population size, the amount of support it receives from the Commonwealth for financing K-12 schooling, along with deferred expenditure for maintenance and infrastructure, also have significant bearing on the determination of real estate tax rates. 1 Charles Citv Co. 7,121 7,164 9.501 .79 Richmond Co. .69 .84 .56 9,797 6.992 .68 Attachment B-5 From: Ben Foster [BFoster@htsva.com] Sent: Thursday, June 24, 2010 12:16 PM To: Lee Catlin Cc: Neil Williamson Subject: Economic Development Plan Attachments: Presentation.doc Lee, I attended part of yesterday's roundtable. Having been a self-employed business owner since I emigrated to the US in 1974, 1 find it difficult to sit through long, nitpicking and otherwise unproductive meetings like yesterday's. However, I would like to share some thoughts with you, which are less about the Economic Development Plan and more about how to promote economic development. Most of the opponents of the Economic Development Plan, base their arguments on the "non-sustainability" of Albemarle County. In this context, they mean "non-self-sustainability" and of course, until we get to the era of urban skyscraper farms (see page 1. of the attachment), no areas, such as Albemarle County, can or will be "self-sustainable". However, I did a little web research for the most "sustainable" municipality in the US and came across the website for Oakland, CA (which actually ranks no 4 in the US for "sustainability"). I thought it might please the local "greens" if we modeled Albemarle County on Oakland. In addition to the page on Urban Farms, my attachment also shows some reprints from the Oakland website. You will see that the first four pages from the HOME page are all promoting Oakland as a place to visit and a place to do business. The next three pages are under the VISITORS tab and includes dozens of links that show what a wonderful vibrant city Oakland is to visit. The next two pages are under the BUSINESS tab. You can see, from the first few paragraphs, how welcoming it is to potential entrepreneurs who might want to relocate to Oakland. The next pages are under the GOVERNMENT tab (the final tab which is almost everything which is displayed on Albemarle.org). I would invite you to compare that with the Albemarle County Site (which somebody at yesterday's meeting said was wonderful). The final pages from my attachment are from albemarle.org. Under the BUSINESS tab there is a less than enthusiastic description about commercial prospects locally, accompanied by a picture of our vibrant community, which might, more fittingly, have been an illustration in a Dickens novel. The rest of the first page is a mind-numbing listing of all of the local beaurocracy that one would have to contend with to get a business under way in Albemarle County. It is not until the final item on page three that you actually find some organizations that might be helpful in the start-up process. Under the VISITOR tab there is another less than enthusiastic introduction ( which certainly wouldn't inspire me to read any further), plus a photo of the lifeguard's platform at Chris Green Lake (presumably this is typical of the scenic beauty one finds in Albemarle County). The remainder of the Visitor section is simply text and a few links. I cannot imagine anyone creating a brochure, to promote Albemarle County, that was so lacking in pictures, information and pizzazz and yet, in the internet age, the county's website is the only "brochure" that many people will ever look at. Clearly Oakland, CA is open and enthusiastic about attracting tourism and business and Albemarle County is not. Attachment B-6 Lee Catlin From: Henry McHenry [hdmchenry5@gmail.com] Sent: Monday, June 28,2010 531 PM To : Lee Catlin Subject: Re: Proposed Action Plan Attachments: Economic Development Action Plan amended.docx As usual, forgot to attach the file! On Mon, Jun 28,2010 at 5:26 PM, Henry McHenry <hdmchenry5@,gmail.com> wrote: Here are my suggestions. I hope the typeface is legible; I couldn't get it to go larger. Could you make sure the Board can read it? Thanks -- what a lot of work! On Mon, Jun 28,201 0 at 10:35 AM, Lee Catlin <LCATLIN@,albemarle.org> wrote: Hi Henry, If you want to send me your suggestions/comments in writing prior to the meeting that would be fine, I can make sure they get transmitted to the Board members in their entirety if that is what you would like. I am overseeing the recording and presenting process, so anything you get to me will find its way to the right place. I am attaching an electronic copy as requested. Thanks for your interest, I will look forward to seeing your comments! Best, Lee Lee Catlin Community Relations Director Albemarle County, Virginia (434)296-5841, ext. 3425 (offe) (434)531-8092 (cell) From: Henry McHenry [mailto:hdmchenrv5~,gmail.com] Sent: Saturday, June 26,201 0 10:46 AM To: Lee Catlin Subject: Proposed Action Plan Hi, Lee. I was at last week's roundtable on the economic development action plan. I've now read through the entire 1 document you handed out, and I have several more suggestions and questions than I could present at the meeting. Is there a way I could submit these to the appropriate body in writing before the July 1 roundtable? Are you the one in charge of recording and presenting the suggestions we make to the proper authority? And is there a way to do this electronically -- could I get a digital copy of the proposal to edit? Thanks for your work on this issue -- and all the others through the years. Seems like you've always been around here. Henry Davis McHenry Jr 3337 Garth Road 434 295-6593 -- 1 lenry Ilavis Mcl lenty Jr -- Henry Davis McHenry Jr Attachment B-6 A- l DRAFT Economic Development Action Plan PREAMBLE: Economic Development Polic as a stated purpose to "provide the local ry an ity of life." The policy notes that economic growth and vitality are required to sustain and enhance the human, economic, cultural, and natural characteristics of our community. The policy also states clearly that Albemarle's commitment to economic development should be accomplished within the framework of our growth management objectives. This Action Plan is intended to translate the purpose and goals of the Economic Development Policy into concrete and measureable actions, being very mindful of the need to adhere to already established growth management objectives. This is a short-term plan that is focused on accomplishing the action items within the next three years. Broad-based community input is critical to the success of the Action Plan and is a key feature of many of the specific strategies and actions. Albemarle County's commitments to education and infrastructure form the cornerstone of Albemarle's quality of life, and, by default, its business growth. In partnership with the University of Virginia and the Piedmont Virginia Commun~ty College, Albemarle County Public School's education programming - ranging from the County "bright stars" kindergarten program to the Math-Engineering-Science Academy (MESA) magnet school - help ensure a very highly educated, capable local workforce. The County has a proven track record in managing growth to best utilize our infrastructure dollars in a manner that protects and preserves the area's abundant natural resources as well as those industries depending on the natural resources. With these two commitments, the community has achieved managed growth without sacriFicing the quality of life. .t21wrr--y. vty-*Ir. . :+ ~~~+~~~~~~:T~i~~ *?.+ $+$ ww" T "A II objectives, strategies and action items in this plan are intended to achieve outcomes that are consistent with the goals of the Economic Development Policy section and all other sections of the County's Comprehensive Plan. PRIMARY GOAL: Increase the County's economic vitality and future revenues through economic y expanding the commercial tax base.;j,!!_v!jy o The following measures will be utilized in monitoring and regularly reporting on success in achieving this goal: The percentage mix of commercial versus residential real estate tax revenues* Attachment B-6 A-2 The following commercial revenues: Machinery and Tools Tax; Business, Professional & Occupational License Fees; Bank Franchise Tax and Public Service Tax The following additional indicators: Sales Tax, Transient Occupancy Tax, Meals Tax and job growth by sector *Multi-family properties included in calculation of residential real estate OBJECTIVES: I. Improve the County's business climate and image. (Supports Objective I of the Economic Development Policy - "Recognize the County's place in the regional economy") STRATEGIES 1. EXPAND COMMUNICATIONS AND OUTREACH TO THE BUSINESS COMMUNITY - Convey to the business community and the Virginia Economic Development Partnership (VEDP) that Albemarle County is committed to working with businesses to promote the County's economic vitality. o Actions to develop and implement a plan within six months to raise awareness and to promote County efforts at facilitating business growth with the VEDP that is compatible with the county's growth management strategies(e.g. Economic Opportunity Fund as a match for the Governor's Opportunity Fund) Maintain active participation in the Charlottesville Regional Chamber of Commerce and Thomas Jefferson Partnership for Economic Development (TJPED) programs In 2010, continue an outreach program utilizing T.IPED1s prospect proposal system, which will create marketing collateral for business targets. This will include communicating economic development opportunities with target companies, VEDP, broker/consultant community, and the entrepreneur 2. INCREASE THE VISIBILITY OF THE COUNTY'S BUSINESS DEVELOPMENT STAFF - Enhance the visibility and priority of economic development efforts by the County. o Actions Attachment B-6 A-3 In next three months, make the Business Development Facilitator a part of the County Executive's Office while still maintaining close coordination with the Community Development Department, and provide regular updates to the Board of Supervisors on efforts Within the next three months, enhance the presence of economic development on the County's web site (underway). 3. IMPROVE INTERACTION BETWEEN COMMUNITY DEVELOPMENT STAFF AND THE BUSINESS COMMUNITY - Create an atmosphere that recognizes the importance of overall quality of life, education and business development in contributing to the economic vitality of the community. o Actions Within the next three months, begin regular presentations by various business interests to staff and the public, with a focus on how the County's land use regulations and policies affect business decisions. This will provide opportunity for staff and others to community a quarterly update of emerging and current development issues. This will focus on staff or community identified concerns rather than project specific issues. As part of pre-application discussions, continue assigning a staff member to serve as a single point of contact for addressing new issues on projects. Also, provide handouts and webpage links for information on development review (e.g. review process flow- charts, points of contact) that help applicants better understand the processes for ZTA, ZMA, Rezoning, Special Use Permit, Zoning Clearance, Sign Review, ARB review Continue routine survey of applicants as to accuracy and ease of understanding of processes, tracking of application status, staff's assistance with the application and any other issues of concern. Survey results will be shared with the County Executive and the Board of Supervisors to determine effectiveness of programs and where changes should be considered. 11. Simplify and create certainty in the development review process, giving the applicant a reasonable expectation for the time and cost needed for development review when applicants are adhering to the regulations appropriately. (Supports Objective V of the Economic Development Policy - "Increase local business development opportunities") Attachment B-6 A-4 CONSIDER AMENDMENTS TO THE DEVELOPMENT ORDINANCES TO REDUCE COMPLEXITY OF PLAN APPROVAL - Recognizing a complex plan review can create barriers to new businesses, eliminate unnecessary requirements and provide for simplified administration decisions. o Actions In the first half of 2010, hold a work session (already scheduled for May) with the Board of Supervisors on changes to the process for a Certificates of Appropriateness (ARB review). (completed) In the first half of 2010, present recommended changes to the Board of Supervisors for ministerial applications (e.g. site plans, subdivisions). This will include timetables for recommended changes. (completed) In the second half of 2010, present recommended changes to the Board of Supervisors for legislative applications (e.g. rezoning, special use permits). (Note: This is considered a lower priority to ministerial applications as no complex applications have been submitted in the last 2 years due to the economy and few are expected for the next several years.) 2. CONSIDER AMENDMENTS TO THE DEVELOPMENT REVIEW PROCESSES TO FACII-ITATE SMALL BUSINESS OPPORTUNTIES - Recognizing small businesses often lack the financial resources and management expertise to navigate the plan review process, provide for expedited administrative reviews, including waivers and modifications, using a single point of contact for approval of simple site plans. o Action As part of the proposed ordinance changes under #1, include consideration of how a simplified review process could be created for small businesses that have no experience with development review. 'this should include consideration of how a single point of contact for those businesses may assist in the processing of an application. 111. Consistent with the established goals of the County's Comprehensive Plan, strategically grow and attrac capital-intensive, Llknowledge-based? .,,,,,a. and 3,j at provide a diverse array of career ladder employment opportunities to our resident workforce. .(Supports Objective VI of the Economic Development Policy - "Increase work force development opportunities, to further career-ladder opportunity and higher wages") STRATEGIES Attachment B-6 A-5 1. PROMOTE AND SUPPORT SMALL BUSINESS GROWTH AND DEVELOPMENT - Provide direct assistance to Albemarle County's aspiring entrepreneurs and small businesses. o Actions In partnership with the Chamber, TJPED, the Small Business Development Center, the workforce network, the Albemarle County School Division and other representatives from the education community, and other interested stakeholders, identify & address existing business needs and implement regularly scheduled local business panels and provide a larger forum to collect information, identify and address workforce and other needs of local business clusters 2. PROMOTE TARGETED BUSINESS AND INVESTMENT- Create an environment that attracts companies and entrepreneurs that achieve Albemarle County's business development objective. o Actions Determine target industries; work with a broad-based task force (including TJPED) to determine the region's target business sectors. These business targets will be the primary focus of the entrepreneurial support, existing business services, site selection assistance, and workforce development efforts.- targeted industries should be fiscal1 Cultivate home-grown businesses. In partnership with the Chamber, TJPED and SBDC, provide technical support seminars to support entrepreneurs in targeted business clusters. By the first half of 2011, create a plan for developing workforce training programs (in partnership with PVCC, Workforce Training Center, UVA and the County school system) tied to target industry or key sectors. ,m By the second half of 2010, review peer jurisdictions' policies and practices in attracting targeted business and investment,. Attachment B-6 A-6 Via continued support of local job fairs, continue to showcase our local workforce talent and local corporate partners. Utilize TJPED's ExecutivePluse CRM, JobsEQ and other tools to provide an online feedback loop for policymakers. This should include trend analysis, identify key issues negatively affecting local companies, and strategies designed to address key 3. COlVlVECT OPPORTUNITIES WITH RESIDENTS - Develop and connect the workforce to existing and new opportunities to serve the entire employment spectrum in Albemarle County through workforce programs and other strategies. o Actions By the first half of 2011, determine demand occupations for the retraining or training of dislocated workers and low-income adults, and youth populations in those occupations. Market local opportunities to qualified resident workforce with I a multi-channel approach, ci . ;-connecting people with opportunities through TJPED. I Align nd demand occupations with student awareness, education and participation in County public schools, PVCC and UVA Career Pathways IV. Consistent with the established goals of the County's Comprehensive Plan, remove obstacles and expand options for industrial land users. (Supports Objective I1 of the Economic Development Policy - "Plan for land and infrastructure to accommodate future business and industrial growth") STRATEGIES 1. CONSIDER AMENDMENTS TO THE COUNTY ZONING ORDINANCE - recognizing the changing nature of industrial uses, provide greater flexibility through reliance on performance standards and lessening dependency on lists of specific uses. o Action In first half of 2010, bring proposed ordinance change to the Board of Supervisors for consideration. Attachment B-6 A-7 CONSIDER OPTIONS FOR INCREASING INDUSTRIAL INVENTORY WITHIN ALREADY DESIGNATED DEVELOPMENT AREAS - o Action As part of future master plans and updates to the County's Land Use Plan, include consideration of designating more land for industrial uses. Continue pursuing strategies to stop the conversion of LI propertics to other types In the second half of 2010, the County will initiate a county wide rezoning to LI for RA and R-1 zoned properties in the Development Areas that are designated as industrial use on the County's Land Use Plan. Only properties where the property owner has agreed to accept this zoning change will be included in this rezoning. As part of the current effort to update the County's Comprehensive Plan, include for the Board's consideration a modification of the Interstate Interchange Policy that might allow lower impact industrial and rural-serving uses at r:.,-?,:t. intersections located in the rural areas $~%..F ...: .pq~~~:.:\~,.,~i~~~i.:..:~~..i~i..~~~~~.~.~~ % , < . Work with partners to promote iii;iw&;i+. . ro,:,;:~ . *...... % ~-.S:I:,~G~~L--~ anrirg*@ugiand -.- ... tourism as part of a comprehensive economic development program that recognizes the importance of the rural economy. (Supports Objective 1 of the Rural Areas Land Use Policy- "To si~ppurt c~grjci~lturrli innd uses rlnd to create additional rnnrktt.s,for agriculturni prodirct_s. thre,ugil creulive t?conornic and land use strategies.", and Objectives I and V of the Economic Development Policy - "Base economic development policy on planning efforts which support and enhance the strengths of the County "and "Increase local business development opportunities") STRATEGIES I 1. ASSESS CURRENT PROGRAMS AND INVESTMENTS IN A&~lM+ti-\~u. %AND TOURISM - Continue working with partners to evaluate strengths and weaknesses. o Action Attachment B-6 A-8 Within the next year, County staff in cooperation with the CACVB will complete a series of roundtables with individuals roundtables, County staff will present the roundtable findings to the Board of Supervisors along with any other data or findings that may assist the Board in setting policy direction. I 2. EVALUATE AND REFINE GOALS AND OBJECTIVES FOR AGRIP%---:VL-. - AND TOURISM -Assure that policies, goals and objectives support current priority needs including consideration of areas such as cottage industries, heritage tourism, and agri-tourism. o Action Based on the above assessment and Board direction, include consideration of this information in updates of the County's Comprehensive Plan and Strategic Plan and in the agreement with the CACVB. 3. IDENTIFY TARGET AREAS TO MORE AGRESSIVELY PROMOTE IN SUPPORT OF I AGRIC. \ .'.: AND TOURISM - Build on existing assets and offerings to expand options for experiencing the beauty and heritage of the rural areas. o Action Based on the above Board direction, establish specific strategies and action items for promoting and supporting agri ' - and tourism in the Comprehensive Plan and Strateg~c Plan. Resources: Adopted Board of Supervisors '2010 Albemarle County Action Plan -January 6, 2010' Charlottesville Regional Chamber of Commerce letter of January 26, 2010 This 'draft' economic development action plan builds on the 2009 adoption of the Updated Economic Development Policy, which focused on the following three short-term priorities: o Objective I. Strategy 4. Increasing the promotion of local agricultural industry consistent with the goals, objectives and implementation strategies of the Comprehensive Plan, such as the purchase of local products, establishing a rural-support program and continuing a dialogue with farm-industry stakeholders. Attachment B-6 A -9 o Objective II. Strategy 4. Encourage infill development of business and industrial uses in Development Areas, including consideration of proactively rezoning to light-industrial uses as needs are identified through Master Plans and other efforts. Initiate zoning text amendments that further enable business and industrial uses of the appropriate zoning districts. o Objective VI. Strategy 3. Increase the use of information gathering strategies such as: A regional, baseline workforce study to define and benchmark the needs of "underemployed" and those not in the labor force (as defined by the VA Employment Commission) as well as employer needs. A software database, such as Executive PulseO, to identify workforce training needs and promote workforce training opportunities. Attachment B-7 Lee Catlin From: Sent: To: Subject: Jay Willer Ijay@brhba.org] Tuesday, June 29,201 0 3:58 PM Lee Catlin Comments re the BOS economic development plan I made this comment during the roundtable last week, but Jeff Werner's response may have distracted from my intent. Groups that oppose the basic nature of the plan hinge much of their opposition on their claim that what is proposed will lead to the wholesale expansion of the current growth area, allowing new development to occur in widely scattered sites. It would be useful in countering some of that opposition if the Board, in its final language, clarifies their intent. While the building/development community may advocate small, site-specific changes that make market sense (i.e. the Yancy property), I think everyone other than the initiative's opponents assumes that most new growth will be targeted to areas already approved for growth. Making that more clear in final language, while allowing some opportunity for additions or deletions that make business sense, could go a long way in calming opposition. Jay Willer Executive Vice President BRHBA 434.981 3708 Attachment B-8 Economic Development Action Plan review comments Author: Kirk A. Bowers, PE Date: June 29, 20 10 I. First page 1. Paragraph 1, sentence 2: The policy notes that economic growth and vitality are "required" . . . Replace to read as "included as a means". 2. Paragraph 1, last sentence: "Broad-based community input is" revise to read as "Broad based community input from residents of Albemarle County and business interests is critical to . . . .". 3. Paragraph 2, first sentence: Delete the words "and, by default, its business growth". End sentence after the word &. A commitment to education and infrastructure does not necessarily include business growth. This sentence promotes business interests while not providing reinforcement for a mutually agreed approach to business growth between all interested parties of citizens and business groups. 4. Paragraph 3, third sentence: Revise "The County has a proven track record in managing growth" to read The County endeavors to manaEe - mowth. - The sentence as it currently reads is subjective in that different views exist on the County's track record of managing growth. 5. Paragraph 3, fourth sentence: Delete this sentence in its entirety. There is no value added to this document by inclusion of this sentence. The statement is subjective and is not accurate. 6. Paragraph 3, fifth sentence: Delete the word "proven" as this is a subjective statement and is not relevant to the focus of this document. 11. Page Two 1 . Item 1 : Where document reads "Albemarle County is committed to working with businesses" add the words "and citizens". The document in general does not provide enough support for citizen interests. Let us be mindful that the interests of County residents must be represented in this document, and as stated earlier in this document, the goal of the County's Comprehensive Plan is "to provide the local citizenry an improved standard of living and enhanced quality of life". Please include the words "residents of Albemarle" more frequently in this document. As noted by one individual in last week's Roundtable, the word citizen is not used until later in this document. Please add these words to assure County residents that their interests are included and protected in this Action Plan. 2. Actions, Item 1. first bullet: warn wlrh appropriate emrues m aemop arm trnplemwt a plan withln SIX rnoathsto rai* awareness and to prOhOre County efierts at facilitating bosincrs growth with tbe VEOP that is compatible wth thc county's growth rnmogernenl Who are the appropriate entities referred to in the first sentence? Does this include County residents? Recommendation: Appoint a Task Force composed of business interest groups, citizen interest groups and interested residents to develop recommendations for Board consideration. The Chair of the County Board would be the appointing authority. 3. Item 1. Actions. Second bullet: Review current policy for participation in Chamber and TJPED by County. Previous Boards' policy, until 6 years ago, was to include the Chamber and TJPED in discussion in an advisory capacity only. The TJPED represents other Counties in this region which have competing interests to those of Albemarle County. By representing the interests of other Counties in our region, the TJPED is put in the position of promoting the interests of other Counties which may not be in Albemarle County's best interests. Thereby, the County and TJPED have a conflict of interest. Additionally, by creating a position of Economic Development Officer within County government, the use of the TJPED creates a redundancy in efforts and costs. It would be much simpler to have all support software and staff within the County Administration which also serves as the main point o contact for all business development efforts. Recommendation: Delete this action item in its entirety. Or revise this item to include the Chamber and TJPED in advisory and support roles. 4. Item 1, Actions , bullet 3: tn 2610, mnttnw an autreach prqram Lltdizing TJPED'r prospect propusat s~kern, which %ill create rnarkk~ng collatera3 for business targets Rrs w~ll Recommendation: County buys software andlor upgrades existing systems to develop in-house capabilities to create marketing data and information for business targets. The County uses TJPED in an advisory capacity in selecting software or system upgrades, if needed. 5. Item 3. Actions. bullet 1: Withizr the next three month. begin regular presentations by various business interests to staff and Bkc publ~c. with a focus on hum the Cuunty's land use tqularions and polit= afka bu~arrers decisrons This w~ll pravrrde upportuntcy for §taw and others to better understand khe tusf rimer's $&sues dnd Concern> How does this work? Be more specific on the venue for presentations. This statement is one-sided, as there is no mention of public comments and discussion. In all fairness to the public, there should be discourse between business interests and the public concerning regulations and policies. Most often the regulations are state mandated, and discussion would be useless. There appears to be a lack of education concerning review criteria and state mandated regulations. If there is going to be discourse between business and the public, an increased educational awareness program should be promulgated often to keep business and the public informed of regulations and their updates and revisions. The concerns expressed by business interests may not be in the best interests of the public. In order to justify this action item, discussions need to be held between business interests and the public. This would also help to increase transparency in the process. 111. Page 3 1. Item 3. Actions, bullet 4: Contkuc rwtine mmy of spplieanus as to acwracy and of undetdandlng ad ptac&ses, trac kkldlg al application status, itaff s assistance wth Ihc agpli~atian artd any other issues uf concern. Suwy muults wilil b shard with the Coulrtv Execut~~ amd tht Board cf Sup@rwwrs au determine effetlrv@wg, '.programs and where dlarrgcsshnuld bc con&dwd This item is subjective to the disposition of the applicants. The applicant may not support County policy for plan reviews. In which case, the applicant would be pre-disposed to negative comments on the survey before submitting the survey questionnaire. It is the developer and engineer's responsibility to comply with plan review criteria in order to obtain plan approval. It has been my experience that developers and engineers may not support design criteria, and spend money and time fighting plan review comments. They have the choice to comply with comments, but choose to oppose the plan review comments. In this case, I do not believe that the business interests have the right to complain when they are not cooperating with the program. My question is: Are the surveys legitimate when the developers have opposed regulations from the start of the project? Is the County responsible for un-cooperative developers? In addition, the survey results should be published for public review and comments. It is important that the public have input into regulations that are initiated at the County level. This would also assist the County with increased transparency in the process. 2. Strategies, Actions, Item 1 : Again, when these meeting held and what was the outcome of the meetings conducted in the first half of 2010. Better advertising efforts are need to insure that there is no appearance of lack of transparency. The Board of Supervisors is accountable to the public, and as such, the public expects the Board to keep the public notified of revisions to regulations and policy. IV. Page 4 1. Item 1 ,Actions, bullet 1 : "Im~lement renularlv scheduled local business panels". What about the citizens of Albemarle County? Do they have the opportunity to express opinions concerning policies requested by local business interests? There appears to be a disconnect between the interests of business and the interests of the citizens of Albemarle. If a business panel is to be implemented, then it is only fair for a citizens panel be given equal time to review the concerns of business interests. Recommendation: I would recommend a program to encourage local employers to hire local workers. We have a highly trained and educated workforce in Albemarle. However, certain institutions (including County government) are prone to hiring workers from outside the area. There are many well trained workers here locally who can fill local jobs. However, there appears to be a misconception on the part of several local employers that there are not enough qualified workers here locally to fill employment positions. The County would be performing a great service to local workers by promoting the hiring of locals, instead of going out of area to fill positions. 2. Item 2, Actions. bullet 1: - &termine&g@ ~ndustrlnes, rwxt w~th a brwd-bared task forte (~ncludrrxg WED) to d~termmc? ftw reiort's Larger business secten. Thme businfib Who will be involved in selecting targeted industries? Who will be on this broad based task force? Who makes the appointments for the Task Force? This section is vague. Please specify and clarify what the targeted industries are and the composition of the task force. Infrastructure needs are mentioned in this section. However, when the infrastructure is not adequate for expansion or development, Who will pay to upgrade the infrastructure to provide adequate utility capacities? It is Not the public's responsibility to upgrade utilities to expand business interests. Recommendation: Infrastructure upgrades and expansion need to be paid for by the development community. If a developer wants to build, then that developer will have to pay for improvements to roadway and utility improvements. We, the taxpayers of this County, have not agreed to pay for infrastructure improvements for development. Future development must be tied to adequate infrastructure. If the infrastructure is not adequate, the County should mandate that developers bear the costs of all infrastructure improvements. We need this item mandated by County Code. V. Page 5 1. Item 3, Actions, bullet 2: "Connecting people with opportunities through TJPED 'I.. . TJPED is not an employment agency. It is not appropriate for TJPED to be acting as a clearinghouse for jobs. Delete TJPED and replace with Virginia Workforce Connections. 2. Part IV, Strategies, Item 1, bullet 1 : Where are the proposed Ordinance changes mentioned in this section? The lack of advertising gives an appearance of lack of transparency. Further discussion for zoning ordinance revisions must be publicized so that there is public comment on the changes. 3. Item 2, Actions. bullet 2: Delete this section in its entirety. It is not the County's responsibility to persuade property owners to stop conversion of Ll zoned properties. This overreaches the County's responsibilities and is not appropriate. 4. Item 2, Action, bullet 3: Be sure to adequately publicize any Board meetings concerning Zoning revisions. There is an appearance of non-transparency. Public review of zoning changes is required by law. Attachment B-9 From: Morgan Butler [mbutler@selcva.org] Sent: Wednesday, June 30,201 0 554 PM To: Lee Catlin Subject: SELC comments on EDAP Attachments: County draft EDAP (SELC suggestions).docx Hi Lee, Great job facilitating at the BOS retreat today; I'm continually impressed with your ability to guide difficult discussions. On a somewhat related topic, I had opted to attend this week's roundtable on the economic development action plan rather than last week's because it better suited my schedule. But as luck would have it, I now have to head out of town mid-day tomorrow to attend a funeral. (My grandfather passed away Monday evening.) I regret not being able to attend the roundtable, but I did want to be sure to pass along suggested revisions (and a few questions) from SELC. Please make sure these are included for consideration by staff and the Board. Many thanks. Best, Morgan Morgan Butler Senior Attorney Southern Environmental Law Center 201 West Main Street, Suite 14 Charlottesville, VA 22902 (434) 977-4090 Attachment B-9 A- 1 DRAFT Economic Development Action Plan PREAMBLE: The County's Comprehensive Plan contains an Economic Development Policy that has a stated purpose to "provide the local citizenry an improved standard of living and enhanced quality of life." The policy notes that economic growth and vitality are required to sustain and enhance the human, economic, cultural, and natural characteristics of our community. The policy also states clearly that Albemarle's commitment to economic development should be accomplished within the framework of our growth management objectives. This Action Plan is intended to translate the purpose and goals of the Economic Development Policy into concrete and measureable actions, being very mindful of the need to adhere to already established growth management objectives. This is a short-term plan that is focused on accomplishing the action items within the next three years. Broad-based community input is critical to the success of the Action Plan and is a key feature of many of the specific strategies and actions. Albemarle County's commitments to education and infrastructure form the cornerstone of Albemarle's quality of life, and, by default, its business growth. In partnership with the University of Virginia and the Piedmont Virginia Community College, Albemarle County Public School's education programming - ranging from the County "bright stars" kindergarten program to the Math-Engineering- Science Academy (MESA) magnet school - help ensure a very highly educated, capable local workforce. The County has- has committed to iF, managing growth . . 1 -in a manner that best utilizes our infrastructure dollars= preserves the area's abundant natural resources as well as those industries depending on the natural I resources. With these two commitments, the community kstrives to ad+ku& managed growth without sacrificing the quality of life. The following economic development action plan builds on these 1 existing- commitments. All objectives, strategies and action items in this plan are intended to achieve outcomes that are consistent with the goals of the Economic Development Policy section and all other sections of the County's Comprehensive Plan. PRIMARY GOAL: Increase the County's economic vitality and future revenues through economic development by expanding the commercial tax base. o The following measures will be utilized in monitoring and regularly reporting on success in achieving this goal: The percentage mix of commercial versus residential real estate tax revenues* The following commercial revenues: Machinery and Tools Tax; Business, Professional & Occupational License Fees; Bank Franchise Tax and Public Service Tax The following additional indicators: Sales Tax, Transient Occupancy Tax, Meals Tax and job growth by sector *Multi-family properties included in calculation of residential real estate OBJECTIVES: I. Improve the County's business climate and image. (Supports Objective I of the Economic Development Policy - "Recognize the County's place in the regional economyff) Attachment B-9 A-2 STRATEGIES 1. EXPAND CONlMUNlCATlONS AND OUTREACH TO THE BUSINESS CONIMUNITY - Convey to the business community and the Virginia Economic Development Partnership (VEDP) that Albemarle County is committed to working with businesses to promote the County's economic vitality. o Actions Work with appropriate entities to develop and implement a plan within six months to raise awareness and to promote County efforts at facilitating business growth with the VEDP that is compatible with the county's growth management strategies(e.g. Economic Opportunity Fund as a match for the Governor's Opportunity Fund) Maintain active participation in the Charlottesville Regional Chamber of Commerce and Thomas Jefferson Partnership for Economic Development (TJPED) programs In 2010, continue an outreach program utilizing TJPED's prospect proposal system, which will create marketing collateral for business targets. This will include communicating economic development opportunities with target companies, VEDP, broker/consultant community, and the entrepreneur 2. INCREASE THE VISIBILITY OF THE COUNTY'S BUSINESS DEVELOPMENT STAFF - Enhance the visibility and priority of economic development efforts by the County. o Actions In next three months, make the Business Development Facilitator a part of the County Executive's Office while still maintaining close coordination with the Community Development Departrnent[~ll~bl], and provide regular updates to the Board of Supervisors on efforts Within the next three months, enhance the presence of economic development on the County's web site (underway). 3. IMPROVE INTERACTION BETWEEN COMMUNITY DEVELOPMENT STAFF AND THE BUSINESS COMMUNITY - Create an atmosphere that recognizes the importance of overall quality of life, education and business development in contributing to the economic vitality of the community. o Actions Within the next three months, begin regular presentations by various business interests to staff and the public, with a focus on how the County's land use regulations and policies affect business decisions. This will provide opportunity for staff and others to better understand the ws&me&business community's issues and concerns. Beginning in the 3rd quarter of 2010, provide the business community and public a quarterly update of emerging and current development issues. This will focus on staff or community identified concerns rather than project specific issues,[m~bz1. As part of pre-application discussions, continue assigning a staff member to serve as a single point of contact for addressing new issues on projects. Also, provide handouts and webpage links for information on development review Attachment B-9 A-3 (e.g. review process flow-charts, points of contact) that help applicants better understand the processes for ZTA, ZMA, Rezoning, Special Use Permit, Zoning Clearance, Sign Review, ARB review Continue routine survey of applicants as to accuracy and ease of understanding of processes, tracking of application status, staff's assistance with the application and any other issues of concern. Survey results will be shared with the County Executive and the Board of Supervisors to determine effectiveness of programs and where changes should be considered. 11. Simplify and create w%i&y consistencv in the development review process, giving the applicant a reasonable expectation for the time and cost needed for development review when applicants are adhering to the regulations appropriately. (Supports Objective V of the Economic Development Policy - "Increase local business development opportunities") STRATEGIES 1. CONSIDER AMENDMENTS TO THE DEVELOPMENT ORDINANCES TO REDUCE COMPLEXITY OF PLAN APPROVAL - Recognizing a complex plan review can create barriers to new businesses, I eliminate unnecessary requirements and provide for simplified administrativeeft decisions. o Actions In the first half of 2010, hold a work session (already scheduled for May) with the Board of Supervisors on changes to the process for a Certificates of Appropriateness (ARB review). (completed) In the first half of 2010, present recommended changes to the Board of Supervisors for ministerial applications (e.g. site plans, subdivisions). This will include timetables for recommended changes. (completed) In the second half of 2010, present recommended changes '[mwb3]tO the Board of Supervisors for legislative applications (e.g. rezoning, special use permits). (Note: This is considered a lower priority to ministerial applications as no complex applications have been submitted in the last 2 years due to the economy and few are expected for the next several years.) 2. CONSIDER -PROVIDING SMALL BUSlIV ESSES WITH MORE STAFF 1 ASSISTANCE DURING WTH E DEVELOPMENT REV EW PROCESSES TO FACILITATE SMALL BUSINESS OPPORTUNTIES - Recognizing small businesses often lack the financial resources and management expertise to navigate the plan review process in the most effective manner, provide assistance *during-development -reviews, including waivers and modifications, using a single point of contact). o Action As part of the proposed ordinance changes under #I, include consideration of how a single point of contact for those businesses may assist in the processing of an application. Attachment B-9 A-4 111. Consistent with the established goals of the County's Comprehensive Plan, strategically grow and attract capital-intensive, knowledge-based and other private sector employers that provide a diverse array of career ladder employment opportunities to our resident workforce. .(Supports Objective VI of the Economic Development Policy - "Increase work force development opportunities, to further career-ladder opportunity and higher wages") STRATEGIES 1. PROMOTE AND SUPPORT SMALL BUSINESS GROWTH AND DEVELOPMENT - Provide direct assistance to Albemarle County's aspiring entrepreneurs and small businesses. o Actions In partnership with the Chamber, TJPED, the Small Business Development Center, the workforce network, the Albemarle County School Division and other representatives from the education community, and other interested stakeholders, identify & address existing business needs and implement regularly scheduled local business panels and provide a larger forum to collect information, identify and address workforce and other needs of local business clusters 2. PROMOTE TARGETED BUSINESS AND INVESTMENT- Create an environment that attracts companies and entrepreneurs that achieve Albemarle County's business development objective. o Actions Determine target industries; work with a broad-based task force (including TJPED) to determine the region's target business sectors. These business targets will be the primary focus of the entrepreneurial support, existing business services, site selection assistance, and workforce development efforts.- %The selection criteria for targeted industries should include consideration of each industry's fiscal and ecological short-term and long-term . . impacts on the Countyv (including whether the industrv can help the County satisfy its infrastructure needs or will instead . . exacerbate infrastructure deficiencies)v: Cultivate home-grown businesses. In partnership with the Chamber, TJPED and SBDC, provide technical support seminars to support entrepreneurs in targeted business clusters. By the first half of 2011, create a plan for developing workforce training programs (in partnership with PVCC, Workforce Training Center, UVA and the County school system) tied to target industry or key sectors. By the second half of 2010, review peer jurisdictions' policies and practices in attracting targeted business and investment. Via continued support of local job fairs, continue to showcase our local workforce talent and local corporate partners. Utilize TJPED's ExecutivePluse CRM, JobsEQ and other tools to provide an online feedback loop for policymakers. This should include trend analysis, Attachment B-9 A-5 identify key issues negatively affecting local companies, and strategies designed to address key negative issues. 3. COIVIVECT OPPORTUIVITIES WITH RESIDEIVTS - Develop and connect the workforce to existing and new opportunities to serve the entire employment spectrum in Albemarle County through workforce programs and other strategies. o Actions By the first half of 2011, determine demand occupations for the retraining or training of dislocated workers and low-income adults, and youth populations in those occupations. Market local opportunities to qualified resident workforce with a multi-channel approach, then connecting people with opportunities through TJPED. Align targets and demand occupations with student awareness, education and participation in County public schools, PVCC and UVA Career Pathways IV. Consistent with the established goals of the County's Comprehensive Plan, remove obstacles and expand options for industrial land users. (Supports Objective I1 of the Economic Development Policy - "Plan for land and infrastructure to accommodate future business and industrial growth") STRATEGIES 1. CONSIDER AMENDMENTS TO 'THE COUNTY ZOLlING ORDINANCE - recognizing the changing nature of industrial uses, provide greater flexibility through reliance on performance standards and lessening dependency on lists of specific uses. o Action In first half of 2010, bring proposed ordinance change l[l~lwhqto the Board of Supervisors for consideration. 2. CONSIDER OPTIONS FOR IIVCREASING INDUSTRIAL IIVVENTORY WITHIN ALREADY DESIGNATED DEVELOPNIENT AREAS - o Action As part of future master plans and updates to the County's Land Use Plan, include consideration of designating more land within existing development areasllt1111,o for industrial uses. Continue pursuing strategies to stop the conversion of LI properties to &hw +commercial, office, and other uses that are not "core" industrial uses. In the second half of 2010, the County will initiate a county wide rezoning to LI for RA and R-1 zoned properties in the Development Areas that are designated as industrial use on the County's Land Use Plan. Only properties Attachment B-9 . A-6 where the property owner has agreed to accept this zoning change will be included in this rezoning. As part of the current effort to update the County's Comprehensive Plan, include for the Board's consideration a proposed modification of the Interstate Interchange Policy that might allow lowe impact industrial uses that serve agricultural and forestal -uses at those intersections located in the rural areas but a+eA served by highway access.[mwh71 V. Work with partners to promote agribusiness and tourism as part of a comprehensive economic development program that recognizes the importance of the rural economy. (Supports Objective 1 of the Rural Areas Land Use Policy- "70 support. agricultural lund uses and 1.0 crcal-e oddil-ior?al markets for agriculturul pl-od~rcts through creative economic urrd Ir~nd use strat-i.qics.", and Objectives 1 and V of the Economic Development Policy - "Base economic development policy on planning efforts which support and enhance the strengths of the County "and "Increase local business development opportunities") STRATEGIES 1. ASSESS CURRENT PROGRAMS AND IIVVESTNIENTS IN AGRIBUSINESS AND TOURISM - Continue working with partners to evaluate strengths and weaknesses. o Action Within the next year, County staff in cooperation with the CACVB will complete a series of roundtables with individuals and groups that have an interest in agribusiness and tourism in the County. After completing the roundtables, County staff will present the roundtable findings to the Board of Supervisors along with any other data or findings that may assist the Board in setting policy direction. 2. EVALUATE AND REFINE GOALS AND 0B.IECTIVES FOR AGRIBUSINESS AND TOURISM - Assure that policies, goals and objectives support current priority needs including consideration of areas such as cottage industries, heritage tourism, and agri-tourism. o Action Based on the above assessment and Board direction, include consideration of this information in updates of the County's Comprehensive Plan and Strategic Plan and in the agreement with the CACVB. 3. IDENTIFY TARGET AREAS TO MORE AGRESSIVELY PROMOTE IN SUPPORT OF AGRIBUSIIVESS AND TOURISM - Build on existing assets and offerings to expand options for experiencing the beauty and heritage of the rural areas. o Action Based on the above Board direction, establish specific strategies and action items for promoting and supporting agribusiness and tourism in the Comprehensive Plan and Strategic Plan. Attachment B-9 A-7 Resources: Adopted Board of Supervisors '2010 Albemarle County Action Plan -January 6, 2010' Charlottesville Regional Chamber of Commerce letter of January 26, 2010 This 'draft' economic development action plan builds on the 2009 adoption of the Updated Economic Development Policy, which focused on the following three short-term priorities: o Objective I. Strategy 4. Increasing the promotion of local agricultural industry consistent with the goals, objectives and implementation strategies of the Comprehensive Plan, such as the purchase of local products, establishing a rural-support program and continuing a dialogue with farm-industry stakeholders. o Objective II. Strategy 4. Encourage infill development of business and industrial uses in Development Areas, including consideration of proactively rezoning to light-industrial uses as needs are identified through Master Plans and other efforts. Initiate zoning text amendments that further enable business and industrial uses of the appropriate zoning districts. o Objective VI. Strategy 3. Increase the use of information gathering strategies such as: A regional, baseline workforce study to define and benchmark the needs of "underemployed" and those not in the labor force (as defined by the VA Employment Commission) as well as employer needs. A software database, such as Executive PulseO, to identify workforce training needs and promote workforce training opportunities. Attachment B-10 Lee Catlin From: G. Carleton Ray [cr@virginia.edu] Sent: Thursday, July 01, 201 0 11 :46 AM To: Lee@cms.mail.virginia.edu; "Catlin <Icatlin"@albemarle.org Subject: Comment Attachments: Albemarle Econ Dev Plan GCR June '10.docx; ATT333017.txt Dear Lee: Here's my statement for today's Roundtable. Looking forward to the meeting. Best wishes, Carleton Attachment B- 10 A- l Albemarle Economic Development Plan, June 201 0 Comments by G. Carleton Ray, White Hall, Albemarle County 1 July 2010 Rather than dwell on what's in the Albemarle Economic Development Plan. I wish to note what's left out. There's not a word on this Plan's environmental and social effects. The Plan simply takes one portion of the Comprehensive Plan with no accountability for the rest. However, if equal consideration were given to development of a comprehensive conservation and environmental management plan for the County, an Econon~ic Development Plan could result in a win-win situation whereby sustainable, environmentally-based. economic development could occur. That economic development, environmental conservation, and citizen's wellbeing are intimately linked is dramatically illustrated by Hurr~icune Kutrinu and Deep~j~zfer Horizon. The drastic, human-caused reduction of Louisiana's wetlands was a major cause of much of Katrina's destruction. Our consuinptive way of life promoted the excessive rislts of deep-water drilling, resulting in losses of fisheries and wildlife that may endure for decades. Similarly, violeilt June storms in Albemarle caused stornl water to gush up from drains. foreboding future inundation of businesses and homes. All such events have occurred before, were to be expected, and are sure to repeat themselves unless we take warning. Already, Albemarle is witness to degraded rivers, siltation of dams, and impacts on Chesapealte Bay. The unanswered question is: Are we to witness more of the same? As structured so far. the Plan is simply a narrowly-based policy instrument, presumably later to be amplified by the data-analysis necessary to respond to this cluestion. Potentially, the Plan could have much going for it - notably, its dedication to educatioil and small farms, as well as the intent to manage growth "to best use our infrastructure dollars in a manner that protects and reserves the area's abundant natural resources ...." However, the major failing is that the Plan is vague on all counts, especially the County's marginal environillental track record, witness urgent water issues and depleted biodiversity. Thus, it remains to be seen how it may be possible to increase economic investment, agribusiness, tourism, industry. citizens' wellbeing, and environmental quality all at once. Clearly, the County is on a collision course between what the Economic Plan suggests, and maintenance of an attractive and healthy enviroil~nent that supports resources and citizens' wellbeing. It is worth noting that Albemarle's so-called environmental "health" lies more in its cosmetic appearance than what an ecologist would observe. Furthermore, the Plan, as stated, seems based on the mythical "pipe dream" that economic development, in the narrowest sense of that term, automatically conveys sustainable economic vitality, environmental quality. and social wellbeing. In actuality, expanded costs of education, infrastructure, public health and safety, water supply, stormwater run-off, etc., etc., will, as experience amply shows, result in economic net loss. later to be covered by increased costs, or taxes, or both. Having served on the County's Mountain Protection Committee, the Mountain Overlay District Committee. the Biodiversity Work Group, and the Natural Heritage Committee, and having observed precious little in the way of concrete environmental actions by the Board of Supervisors, it now becomes absolutely essential to give equal time to the other side of the development coin, namely environmental conservation and management, including an array of activities from protection of certain environments that supply resources, to improved and enforceable County-wide watershed and land-use management practices. Lack of environmental consideration and details about how citizen's lives might be affected, repeats the mistakes of history, whereas an alliance of economic development and environmental conservation could make sense. The alternative is a downward spiral to more of the same that now troubles us. Attachment B-1 1 Lee Catlin From: Jerry McCormick-Ray [cr@virginia.edu] Sent: Thursday, July 01, 2010 12:19 PM To: Lee Catlin Subject: Re: Correct version of mycomments for Economic Development Action Plan Roundtable Attachments: County Dev Action Plan.txt; ATT336344. h tm Lee, Here is a text version and a copy of it below. Attachment B-I I A- l county Dev Action Plan. txt Jerry Mccormick-Ray Comments for Economic Development Action Plan Roundtable July 1, 2010 Thi s Economi c ~evel opment Acti on Pl an i ntends to translate the county's economi c development policy into concrete action within the next three years by meeting five objectives of a "Strategic Plan". Its primary goal is to increase the County's economic vitality and future revenues through economic development by expanding the commercial tax base. while the plan promotes business as a high priority, its purpose is to establish county commitments within a short period without com rehensive accounting for the long-term consequences that more business activity wily bring. More specifi call y: 1. The "strategy" does not identify how expanding the commercial tax base will assure economic vital i ty and future revenues. ~t si mp1 y establ i shes business partnerships, expands the commercial tax base, insinuates business promotion into the County's ~xecutive Office, and consumes county staff time and resources to faci 1 i tate business opportunity. HOW can tax revenue be generated in a climate of economic austerity? County staff indicates that market conditions are not expected to im rove over the next 3-5 years. In this new economic age, it is prescient to loo for revenue in new ways without incurring more costs. R he plan does not address business costs incurred to county taxpayers. unless precautions are explicitly stated, the clean water ~ct and the county's comprehensive Plan can be undermined, community services for police, health, and fi re protection reduced, and the i nf ra-structure needed to address resi denti a1 rowth will not be in place, for which county staff recognize, "there are no ?imitations on residential growth in the county and there is a large inventory of property ready for residential development". ~hese costs and regulated growth need to be addressed before this Action plan is implemented. The Plan thus does not fulfill its preamble: "Albemarle County's commitments to education and infrastructure form the cornerstone of Albemarle's quality of life.. .~ll objectives, strategies and action items in this plan are intended to achieve outcomes that are consistent with the goals of the .... county's comprehensive plan". 2. This open-ended action plan prioritizes development in the 2010-2011 budget and aims to implement objectives within six months to a year without parallel action given to soci a1 and envi ronmental precaution. Example: Develop and implement a plan within six months.. . Consider amendments to the County zoning Ordinance..; Rezone land.. for industrial uses.. .Modify uses. . . 3. The plan fails to recognize that A1 bemarle's business climate today is favorable. Business has expanded opportunities with expansion of the university's health care facilities, sports arena, John ~aul Jones Center, and research parks su plemented by development of Hollymead, North point, and AI bemarle Place. How wi 11 A1 g emarle improve on this existing business image, and be prepared once more businesses clamor to come in? 4. The County ~xecutive office, and web site should promote the comprehensive Plan and not single out economic growth as a major county priority. Example: wi thi n next 3 months make Business Development ~aci 1 i tator a part of the County's Executive office and provide regular updates to the BoS on efforts ....; ~ssign a staff member to serve as a single point of contact for Page 1 Attachment B- 1 1 A-2 county DeV ~ction ~1an.txt addressing new issues on projects. . . ; staff's assistance with the application. . .) . Note: The Google web-site search engine identifies the ~inance Department as the county's official web site! 5. The comprehensive Plan, the County's most im ortant document regardin growth, development and change is marginalized in the P 7 an. ~t places strong emp ! asi s on protecti ng natural resources, rural 1 and, groundwater and streams, and it recognizes that agricultural uses are exempt from many water protection regulations, i . e. , compliance is voluntary. Implementing this Action plan in the rush to streamline economic development gives priority to business use of county resources, budget, and staff time otherwise required to meet needs in the Comprehensive Plan. such as: J! to enforce all existing regulations: Erosion and sediment Control ordinance , ~unoff Control ordi nance , water Resources Protection Areas ordinance, and stormwater detention requi rements of the Subdivision ordinance, and meet clean water ~ct requirements for protection of water resources. J! to carry out recommendations of the Groundwater committee (2001) fi rst by funding regional groundwater studies to identify sensitive groundwater areas before removing obstacles and expanding options for i ndustri a1 1 and users that require or contaminate surface and groundwater. Page 2 Attachment B- 1 2 Lee Catlin From: Neil Williamson [neil@freeenterpriseforum.org] Sent: Thursday, July 01, 2010 3:23 PM To: Lee Catlin Subject: Thanks Attachments: Albemarle County Economic Development Action Plan.doc Lee, You never fail to amaze me with your facilitating tools. Great job today! Here is an electronic version of the Free Enterprise Forum statement. Thanks again, Neil Neil Williamson Free Enterprise Forum 550 Hillsdale Drive Charlottesville, VA 22901 434.220.078 1 (office) 434.962.0847 (cell) Attachment B- 12 A- 1 Albemarle County Economic Development Action Plan Policy Statement July I, 2010 The Free Enterprise Forum, a privately funded public policy organization, is strongly supportive of the Draft Economic Development Action Plan. While the document is not perfect, we believe the specific tactics described in the plan are strategically aligned with the goals of the economic vitality chapter of the Comprehensive Plan, which we supported and the Board of Supervisors enacted unanimously. This action plan contains specific steps, many that have already been initiated and objective metrics to measure the effectiveness of the econonlic development activities. Those projects that generate results in the short term should be continued and expanded; those projects that fail to add value should be discontinued. We firmly believe economic vitality will be beneficial to everyone who lives here now or chooses to do so in the future. Albemarle's greatest asset is not the rolling mountains to the south, not the economic engine of US 29 North, not the new hospital going up in Pantops nor the moneyed horse estates scattered throughout the county. While all of these contribute to our community, Albemarle's greatest asset is its citizens (both current and future). The Free Enterprise Forum is diametrically opposed to government population control and questions the validity of including any such statements in an economic development action plan. The Free Enterprise Forum takes issue with those in the community who are opposed with the concept of economic vitality for fear of population growth. This Action Plan is designed to address the 30% of our regional workforce who earn less than $22,000 a year. Those in opposition to econonlic vitality are, consciously or not, perpetuating a permanent underclass. The latest version of the Action Plan has struck the verbiage "Albemarle County is 'Open for Business"' this should be restored. The revision, while technically correct, is weak and fails to convey the urgency the Board of Supervisors has given to economic development. Albemarle is home to hundreds of employers that do not fit into the category of business. Start- ups, entrepreneurs, and not for profit organizations contribute greatly to the economic vitality of our community. The Free Enterprise Forum suggests replacing "business" with "enterprises". The Action Plan calls for the Charlottesville Area Convention and Visitors Bureau (CACVB) to work with staff in coordinating rural roundtables. This is neither an area of expertise nor a good use of time for the CACVB. Many of the recommended strategies for rural economic development are already enumerated in the comprehensive plan; staff should be directed to work with The Farm Bureau, Piedmont Environmental Council, Chamber of Commerce Agribusiness Roundtable and other stakeholders to select the actionable support activities that promote ecologically sound agricultural activities that provide economic viability by December 3 1,2010. Promoting Albemarle County's economic vitality is in the best interest of all citizens. Attachment B-13 Lee Catlin From: Jeff Werner bwerner@pecva.org] Sent: Thursday, July 01, 2010 3:42 PM To: Lee Catlin Subject: Economic Dev Action Plan Attachments: JBW-Suggestions-7-1-20? 0.docx Lee, see attached. Jeff Attachment B-13 A- 1 Piedmont Environmental Council Suggested changes/revisions/additions/com~nents to the draft Econoinic Development Action Plan July 1.2010 Preamble Delete the second paragraph except for last sentence. If this is an action plan, the specific county assets referenced in the preamble should have specific actions identified that will further preserve, maintain, and measure them. For numerous reasons this second paragraph cannot be taken seriously, among them: the county's failure to fully implement the Rural Areas Plan and the Natural Resources Plan (including the Mountain protection Plan); the significant reduction in ACE funding, the freezing of county staff positions related to natural resource protection; and the statement in Chapter 8 of the draft Places29 plan addressing the need to "address the existing backlog of needed irlfrastructure improvements." [Emphasis added.] Otherwise, if Quality of Life, natural resources, education, infrastructure, etc. are identified as county assets. how will these be measured to ensure that the Action Plan contributes positively to maintaining and/or improving them? Primary Goal Draft plan states: "The percentage mix of commercial versus residential real estate tax revenues." Clarify how these metrics will used. What is considered good or bad or ideal? Should there be a goal to increase percentage of agricultural ly-related revenue? Etc. Obiective 11, Strategies 1 and 2. Add to the draft Action Plan For the purposes of educating the community, the Planning Co~nmission and the BoS, prior to continuing the debate about which regulations are is unnecessary and burdensome, and what should be done to revise and amend thern, staff should prepare a review and summary of all necessary regulatory reviews and which agency is responsible. Staff should identify which regulations are state and/or federally mandated, which involve review/co~ninent and/or approval from other agencies (VDOT, DEQ, DOH, Fire Department, ACSA, etc.), which are a function of local policy, which are ministerial, which are legislative, etc. Obiective 11, Strate~v 2. Add to the draft Action Plan What criterion determines an applicant's need or qualification for an expedited review process? County regulations are intended to benefit the "general welfare" and not the proprietary interest" of the applicant. Assistance through the process and even single point of contact is a valid objective, but regulations must be stringently and equally applied in all cases. On attract in^ businesses, Obiective 111. Add to the draft Action Plan On any circumstances where the county is asked to provide incentives or waiving of fees, etc., link them to local job creation. Establish an agreement provision similar to that used when granting to GE Fanuc a low interest loan, whereby businesses receiving assistance/incentives would guarantee that a minimum ainount of new jobs created will go to local residents. Failure to meet those conditions will result in some compensation being due to the county. Attachment B- 13 A-2 Making Albemarle "attractive" to businesses and visitors requires the establishment and preservation of identifiable entrances to tlie county. Currently, entrances from tlie east and west, via 1-64, from the south, via Route 29 and Route 20, are rural and without threat of development. However entrance from the north, via Route 29, is at risk. Tlie county sliould initiate a targeted effort to preserve the rural landscape along Route 29 between tlie Greene CL and, at least, some point south of tlie intersection with Route 641. o Si~nilarly, interchanges at 1-64 are also entrances to tlie county. Any changes to uses at these interchanges must include provisions regarding aesthetics. On determining: target industries, Obiective 111, Strate~y 2 Tlie first bulleted item, to identify industries that would be fiscally beneficial to the county, should be elevated within tlie plan. Tlie results of such an analysis would cover all sectors of tlie local economy- including agriculture and tourism-and would presumably instruct specific actions recommended in other sections of the plan. On LI zoninp, Objective IV. Add to tlie draft Action Plan Given the amount of L1 land rezoned to other uses-primarily retail-- instruct staff to revise the L1 policies and LI regulations so as to specifically prohibitldiscourage the rezoning of LI land andlor the use of LI zoned land for purposes other than actual 1,1 uses. On local agriculture, Objective V. Amend the draft Action Plan as follows: . . Work with partners to promote ag~:.lct!!.t!!.!:~.. .;l!~~!..~-ellatgIl~ti,s.~~~~.~.s.~. -and tourism as part of a comprehensive economic development program that recognizes the importance of the rural economy. (Supports Objective 1 ofthe Rural Areas Land Use Policy- "To support agric.ulturcrl land uses and to create additional rnurkets for u~~icultl~ralproducts through creutive economic and Iund use strategies. ", und Objectives I and V oj the Econoniic Developw~ent Policy - "Buse economic development policy on plunning efirts which support and enhtrnce the strengths ofthe C.'ounty"cind "Increcise local hu.siness development opportunities '7 STRATEGl ES I. ASSESS CURRENT PROGRAMS AND INVESTMENTS IN ;=JtIC:l i 1.'1 IJKIi ANI.) 1<1~1.,i~'I'lI~) LIIJSINE.SSL,S" A- AND TOURISM - Continue working with partners to evaluate ............. -. ........................ strengths and weaknesses. o Action: Within tlie next year, County staff in cooperation with the CACVB gud_c!~oer ~!.~.~~!:rrz.l.:.ii!.tc .... a.~.e~~c.i.e.s~ ..... i.!!d..ix.~d.~!.i!!.~..~~.~?d .... i~.r,s.a!~..i.z.a~.i~~.n.~~. will colnplete a series of roundtables with individuals and groups that have an interest in agribi~si~less and tourism in the County. After completing the roundtables, County staff will present tlie roundtable findings to the Board of Supervisors along with any other data or findings that may assist the Board in setting policy direction. 2. EVALUATE AND REFINE GOALS AND OBJECTIVES FOR i>J:;_Kl.~Ql'l'l:l<lL ,4NI) IiI~.Il.iZ'l'F,t) 13I.!SIYI~SSliS"~ .................................................................... AND TOURISM - Assure that policies, goals and objectives support current priority needs including consideration of areas such as cottage industries, heritage tourism, a~~icultl~~~~~ and agri-tourism. o Action: Based on the above assessment and Board direction, include consideratio11 of this information in updates of the County's Comprehensive Plan and Strategic Plan and in the agreement with the CACVB. 3. IDENTIFY TARGET AREAS TO MORE AGRESSIVELY PROMOTE IN SUPPORT OF ni;RIC:I~L..'I'I!I~t~ ;\.hI) KII!,A'I'I.3) l3LJSIhI~:SSl1)S?, -AND TOURISM - Build on Attachment B- 13 A-3 existing assets and offerings to expand options for experiencing the beauty arid heritage of tlie rural areas. o Action: Based on the above Board direction, establish specific strategies and action items for promoting and supporting agribusiness and tourism in the Cornprehensive Plan and Strategic Plan. "For p~~rl>oscs (?1'Iliis discussion: (\.g~liqllQ~:e rclales to tlic activity of'prc>tiuci~ig. cultivation, Iiarvcsting. ctc. oi' local prodiicc a11d:or livcstocl\ (ilicluding eclucstrit~n opcr:+tioris). t~g.rj-g~I~~:Iic~Iiited I3usi1icsscs relatcs t.o tliosc uctivitics \uliicli support and/or promocc agl.iculturc. Sucli as blacl<snii~lis. f:irricrs, \:c~crinarians, salcs i:~i'scccllli.rcllfi.rtilizerst filrti-I ~ilrichi~lcry salcs and repair. \vi~lcries, rural 13& 13's. ayitourisrn and ru~.al toi~risni, IBrrn i.nana.gcr i~lci)n-~c.s. I'arrn stands and Iir~ncrs inurliets. prc)ccssiri:.: ;tnd o~licr valuc-addcif Sacilitics. etc. Add to the draft Action Plan Learn from other counties: Invite from counties that have a specific local ag component in their econolnic development programs the appropriate staff person to present to the BoS an overview of tlieir county's ag/support promotion program(s). For example, Ray Pickering from Fauquier Coilnty and Gary W. Hornbaker from Loudo~ln County, etc. Implcment the recommendation from the Rural Area Plan to "Establish proactive support of agricultural land uses tlirough tlie creation of an AgricuIturalIForestal Support Prograln position tliat provides agricultural assistance tliat includes community education, marketing strategies, the exploration of agric~~lti~ral support businesses and alternative agricultural uses." Among tlieir duties: o Provide assistance to local growers/producers in developing value added agricultural products. o Increasing the promotion of local agricultural industry consistent with tlie goals, objectives and implementation strategies of the Comprehensive Plan, such as tlie purchase of local products, establishing a rural-support program atid continuing a dialogue witli farm-industry stakeliolders. o Dedicate a county web page to agriculture in Albemarle, si~iiilar to Fauquier County, Loudoun County, and Isle of Wight County. o Target and recruit processing facilities tliat support local growers and producers. o Report regularly tlie amount of prime ag soil lost to subdivision arid development. o Actively seek grant opportunities to assist agric~llt~~re community. o Coordinate a Farnilalid Exchange (producers/growers looking land for rent, landowners looking for producers/growers to rent to, etc. ) Provide funding to assist witli tlie PEC's Buy Fresh Buy Locul guide and program. Per tlie adopted Economic Development Policy. implement the recomlnendatio~i to conduct a "a study of tlie impact of agriculture to Albe~narle County's economy." On local tourism Preserve viewsheds near tourist destinations. Coln~nit to preservation and protection of the viewshcds from and access corridors to Monticello and the National Park. Instruct staff to evaluate current policies aiid regulations, and make recommendations for how they might be further strengthened and ilnpletne~ited. Capitalize on the Civil War Sesquicentennial, wliicli begins in 201 1 and will continue through 201 5. To take full advantage oftouris~n activities related to this event, appoint an individual or individuals to represent tlie county in coordinating witli tlie Virginia Sesquicentennial of tlie American Civil War Corn~nission and subsequently initiating and coordinating local activities and programs. Since Civil War activity was limited in Albemarle, include in this tlie promotion of local hotels, restaurants, and tourist destinations tliat might attract tourists wlio arc visiting nearby areas that have Inore concentrated Civil War sites. Attachment B- 1 4 Lee Catlin From: Sent: To: Subject: Jim Dickerson Ljimd@nexet.net] Thursday, July 01, 2010 8:31 PM Lee Catlin; 'Neil Williamson'; Susan M. Stimart Roundtable Meeting Thank you for your efforts with today's roundtable meeting. We seemed to have gotten off track pontificating on positions as opposed to reviewing the plan and terms. With regard to the terms agriculture and agribusiness, if they do not include forestry, industrial forest operations and/or timber harvesting, then I feel forestry, industrial forestry and/or timber harvesting should be included in the fourth section which was omitted in today's handout. Timber remains the largest crop in Albemarle County. Y'all have a great weekend! Yours in Service, James Friend Dickerson www.iamesdickerson.com jamesdickerson@remax.net RE/MAX Assured Properties Inducted into the RE/MAX Hall of Fame 2007 943 Glewood Station Lane Suite 202 Charlottesville, Virginia 22901 434.466.4663 Mobile 866.931.2433 FAX 434.220.7139 Office Licensed in the Commonwealth of Virginia Equal Housing Opportunities From: Sent: To: Subject: John Dean LjdpubOl@earthlink.net] Friday, July 02, 2010 12:29 AM Lee Catlin input on the draft economic development plan from: John Dean, 514 Nottingham Rd., Charlottesville 22901 I attended the roundtable session on June 23, and I support many of the comments made in that meeting citing shortcomings in the draft plan on environmental grounds. I also feel, as did some others, that the two introductory paragraphs are of little value and are poorly written. In a general sense, I object to the process by which this plan was initiated, and I have no confidence that public input on this plan will be heeded at all. Here are my specific comments: PREAMBLE A plan like this should have a much clearer statement of its purpose. I feel that the Preamble should provide specific goals for how the proposed measures would benefit the broad public of Albemarle County. As written, there seems to be a simple assumption that giving benefits to businesses is always a good thing, and that the County is in great shape. In fact, Albemarle County faces many challenges, including poverty, underemployment, unsustainable development, trouble with the water supply, and tensions between urban and rural interests. The plan should state what these challenges are, and why this economic development plan is necessary in the attempt to address them. SECTION I This section should more specifically enumerate the outreach initiatives recommended for improving the economic health of our community instead of simply targeting the "business community." It should define in more detail what is meant by the "business community." Albemarle businesses are very diverse, and among other things it is important to consider farms and other rural businesses, and already-existing small enterprises of many different types. Albemarle has a growing problem with suburban sprawl, and I read this section as promoting this sort of new building, since the organized business community here as been focused to a large extent on this type of activity. In my view it is not a positive step for our community to promote unsustainable development that provides only low-wage jobs, and increases many of the problems that are already present in the County. I feel that in managing the economic development of this community, the local government should be attempting to define what sort of business activity will be encouraged and what sort of activity has been harmful, and looking for ways to improve the lives of broad public of Albemarle County. SECTION I1 This section seems to be mainly about streamlining the processes for new construction, and I am distrustful of its intent. I am nervous that measures suggested here would promote suburban sprawl by allowing developers an easier path to project approval without proper public oversight. I question whether this would be a positive step in regard to the economic health of Albemarle County. I agree that needless roadblocks should not be placed in the way of those who want to invest in our community, but it is the job of County government to ensure that when people are allowed to build, that it is beneficial to the public. SECTION Ill I like this section better, because it actually mentions the residents of Albemarle County, and it begins to address some of my concerns in the previous sections. The statement in bold at the beginning of this section is weak, though. The terms "capital-intensive, knowledge-based and other private sector employers" is very vague, and means nothirlg to me. I would prefer a more specific statement of the types of businesses that are seen as beneficial to the community. These could include, for example, a startup software company in someone's basement which is not capital intensive at all but which could become a reliable employer if it succeeds. Subparagraph 3 is the only section in the entire plan dealing with the needs of Albemarle residents who might find work as a result of the plan. This should be promoted to section level, and expanded considerably. It should address strategies for promoting the needs of the Albemarle workforce. SECTION IV It appears to me that this section was written to benefit a specific project in western Albemarle County. Personally, I feel that industry is extremely important to any community, and promoting industrial development would constitute an actual economic development plan. Unfortunately, as anyone can see, history is against us and industry is moving away from the US. I object if this section was in fact written to benefit a single property owner, but it could be salvaged. We need industrial development. SECTION V I would remove the word "agribusiness" because it makes me think of giant factory farms, which we don't have here. Also, I would make separate sections for Tourism and for Agriculture, because they are very different industries. I don't understand how the strategies listed here would work, addressing the very separate needs of these industries. We need a very specific strategy for assessing the value of the Land Use program. I don't know if this program is beneficial or harmful to our economic development, but it needs study. Attachment B- 16 Lee Catlin From: Sent: To: Subject: Kristina M. Hofmann [kmhofmann@paynehodous.com] Friday, July 02, 2010 12:05 PM Lee Catlin Albemarle Co. Economic Development Plan roundtable comment Ms. Catlin, I attended the July 1 round table and I made a suggested language change which I would like to reiterate and clarify. In objective 4, strategy 1, I would suggest the following language change: 1. Consider amendments to the county zoning ordinance - recognizing the changing nature of industrial uses, promote enterprises use of performance standards and lessen dependence on lists of specific uses by providing greater clarity, certainty and efficiency through reliance on stable performance standards while providing greater flexibility by offering many and varied performance standard options to fit a wide array of enterprises. I appreciate your consideration. Sincerely, Kristina M. Hofmann Kristina M. Hofmann Attorney at Law Payne & Hodous, L.L.P. 414 East Jefferson Street Charlottesville, VA 22902 Phone: (434) 977-4507 Fax: (434) 977-6574 kmhofmann@~avnehodous.com Attachment B- 17 From: Sent: To: Subject: Jay Willer Ijay@brhba.org] Friday, July 02, 2010 3:00 PM Lee Catlin Additional comments re the Albemarle County economic development plan First of all, I think you've done an amazing job of managing the flow of both roundtable discussions re the pending economic development plan. It's been hard to think about specific wording changes to suggest in some cases, simply because the text itself doesn't bend well to minor wordsmithing. The preamble may be the best - or most important - example of that. Preambles should be a summary statement of intent and scope, but should also be somewhat inspiring, loftier than common prose. A suggestion, after listening to both roundtable discussions: The County's Comprehensive Plan contains an Economic Development Policy that has a stated purpose to "provide the local citizenry an improved standard of living and enhanced quality of life." That phrase, "quality of life", is noted frequently in discussions about Albemarle County. As a Board, we are proud of that reference, and committed to not just maintaining that goal, but constantly improving our performance toward it. When "quality of life" is mentioned, it is often used in reference to our physical setting -the beauty of Albemarle County -and to the range of opportunities, quality schools and services available to our residents. But the enjoyment of those County assets is, in many cases, predicated on a strong local economy. Many of those services and assets are provided for or protected by County funds. Many of those assets are accessible or enjoyed only when individuals and families have the financial means to enjoy them. In 2010, our global, national and local economies are reeling from a series of events that were difficult to anticipate and may take years to restore. With that backdrop, this Board commits itself to increasing our efforts to ensure the returning strength of our local economy and of the County's ability to continue to provide quality services to our residents. The County's Comprehensive Plan provides broad guidance about education, rural area preservation, environmental sensitivities and other "quality of life" factors, and those controls underlie these efforts to strengthen our local economy. A strengthened local economy will help encourage growth from existing local enterprises, provide career-path jobs for local residents, encourage our youth to remain in this community, and provide a better balance to the county's tax base so that we can continue to provide the quality services residents expect and deserve. With those goals in mind, the County hereby sets forth a renewed effort to improve our local economy by working with existing enterprises to facilitate their growth; identifying and resolving unnecessary hurdles in business expansion; seeking ways to encourage new opportunities related to local agriculture and agriculture-related businesses; working to ensure a more consistent match of local job skills and local jobs; and leveraging the inventiveness and creativity of local residents, our university, and local businesses to continue to provide a sound economic future - and the quality of life that enables -for all Albemarle County residents. One other note: The primary goal listed in the original document talks boldly about boosting county revenues by expanding the commercial base. It always makes me nervous to see that so overtly in an economic development plan. If I were a business owner contemplating moving my enterprise to Albemarle County, it would worry me that the County apparently only sees me as a cash cow. And ultimately, that's not really the primary goal anyway if you think about the language I've suggested above and much of the input from the roundtables. The primary economic goal is a sound economy that provides jobs and career paths for local residents, while also helping generate the County revenue balance that will enable continued "quality of life" services, education and facilities. Again, thanks for all your hard work on this. Have a great weekend. Jay Willer Executive Vice President BRHBA 434.981.8708 Attachment B- 18 Lee Catlin From: David Shreve [ds2800@comcast.net] Sent: Friday, July 02, 2010 3:43 PM To: Lee Catlin Cc: 'Elizabeth Burdash' Subject: ASAP commentary Attachments: ASAP Action Plan Response E.doc Dear Ms. Catlin, Attached is a corrected version of the ASAP statement introduced at yesterday's roundtable discussion. Thanks again for your assiduous efforts of behalf of this community outreach. We hope that our participation was helpful and constructive, and we look forward to an ongoing discussion of these matters. David Shreve ASAP Vice President Attachment B- 18 A- 1 Advocates for a Sustainable Albernarle Population (ASAP) Economic Opportunity Action Plan The members and Board of Advocates for a Sustainable Albemarle Population (ASAP) recommend a wholesale rethinking of the rationale for and the structure of the recently released Draft Economic Development Action Plan. In general, we find that it possesses several major weaknesses, including: 1 ) A definition of economic vitality or opportur~ity that is tied too preferentially to the recruitment of new businesses, instead of to the cultivation of existing businesses or to the promotion of "organic" innovation and experimentation within the present Albemarle- Charlottesville community. 2) A fairy tale conception of potential "savior" corporations, entities that might somehow bring jobs for the local unemployed and the willingness to pay a large property tax bill, but no (or even few) imported employees, no corresponding influx of school-age children, and no demands (or requirements) for expensive infrastructure improvements or natural resource depletion. 3) The implicit promotion of an unwieldy and expensive governmental machinery that would too often engage in the business of picking winners and pull the county, therefore, further away from a focus on core policies capable of promoting all businesses and much more widespread economic opportunity. 4) A fairly significant blindness to the key factors (actually under local control) that contribute to both inequitable tax structures and an underperforming economy, the two principal problems that the Action Plan proposes to remedy. Given these weaknesses, ASAP believes that the proposed Action Plan might succeed only in gearing the county for relatively fruitless expansion and attendant costs very likely to increase taxes and environmental degradation, and dirriinish the region's quality of life. Attachment B- 18 A-2 (continued) As a much more viable alternative, ASAP urges the county to promote economic development, a sounder tax structure, and the maintenance of our unique quality of life by focusing instead on the only major factors within its control capable of doing this simultaneously and effectively. These are: 1 ) Reform of our tax structure: By its consistently regressive character, the current structure dampens local consumer demand, fails to keep pace with the needs of any population increase, and necessitates either perpetual tax rate increases or the progressive degradation of our community's ecosystem services, natural beauty, and public services as a necessary offset. Because our property and sales tax base require our citizens to pay a smaller share of their incomes as their income increases, this stifles consumer demand, dampens investment and job creation, and produces less revenue than most modern, livable communities require. Heavy reliance on the property tax also unnecessarily raises the threshold for business survival, threatening small business longevity in particular. 2) Expanded public investment: With a more progressive tax structure, under which taxes relative to income rise gradually, more revenue is generated with lower effective rates. Also more closely aligned with both ability-to-pay and the needs of promising but fledgling business ventures (including agricultural interests we've vowed to support), such a reformed structure would make possible increasingly generous and stable investments in key public services. We urge the County Board of Supervisors to recognize this connection and to make these investments the real backbone of the county's "economic development" efforts. In education, this represents an investment in human capital that enhances the productivity of all area businesses. And in all public service categories this sustains a valuable workforce that, with its modest incomes, spends virtually all that it earns, promoting local business activity in a way that targeted development cannot, in a way that exploits marketplace choice over administrative fiat, and in a way that ensures the most economic opportunity with the lightest possible environmental impact. If we do this right, a small measure of physical and population growth might well materialize along with advancing economic opportunity. We believe, however, that an important distinction between the proposed Action Plan and the alternative Attachment B- 1 8 A-3 approach we recommend is that under our recommended path, we would not have to accept this growth blindly and the most stable and rewarding economic benefits would not depend upon it. We could choose .this measure of growth, in other words, democratically and forthrightly, but only after sizing up the true benefits and costs and without being backed into a misleading "grow or die" corner. Indeed, were the county to decide to move beyond the kind of general "economic development" implied by the ASAP recommendation and strive to "recruit" new businesses-despite their potential impact on county services and natural resources- a costlbenefit analysis of such efforts should be required. The County has already established a Fiscal Impact Advisory Council which could oversee these types of analyses in cooperation with staff. This analysis should be completed and shared with the public before any official recruitment activity begins. Doing so will ensure that economic development efforts are not based on wishful thinking and questionable premises, but will go forward only if they can generate tangible, quantifiable benefits to the community. This kind of complete analysis (that also includes enviror~mental impacts and privatized off- budget public services) would be both economically smart and politically reasonable. Lee Catlin From: Sent: To: Subject: Margie Shepherd Saturday, July 03, 201 0 3:31 PM Lee Catlin; Board of Supervisors members Economic Action Plan Board of Supervisors and Lee Catlin - You have asked for some responses to the Economic Action Plan - here are my points, based on reading the plan and on reading the quote from Ken Boyd in C-Ville. First - the fact that Ken Boyd, with the knowledge of Lindsay Dorrier, Duane Snow, and Rodney Thomas but NOT with the knowledge of Dennis Rooker and Ann Mallek, had meetings with the local business community to develop this plan, is suspect right there. Why so secret? Why so exclusive? That an Economic Action Plan was formatted by the business community is the second alarm. This is akin to the oil companies developing the plan for energy development and pollution controls - and we know how well that one is working out. Ken Boyd said that this was based on "ideas I've sort of been building on ... and a philosophy that I have that if we leave people alone to go at their own pace, they'll do the right thing. " WHAT????? Maybe many people will. Maybe even some businesses will. But if the news has taught us ANYTHING in the last few years, it is that we absolutely can not count on businesses to do the right thing if left to their own devices. Especially big businesses that we might lure in from outside of the state or country. AIG? Enron? Lehman Brothers? Countrywide? BP? Locally we've had our own spate of embezzlers, contract-breakers, bait and switchers. There is no belief in the general public that if you leave business alone, they will do the right thing. The Economic Action Plan - even the revised one on the county website - is loaded with red flags that could be disastrous for Albemarle. Note the language of change to encourage economic development: "Waivers", "Modifications", "Remove obstacles and expand options for industrial lan users", "consider amendments to county zoning ordinances", "provide greater flexibility on standers", "lessening dependence on lists of specific uses." Then there is a recommendation to rezone RA and RI properties to L1 "only where property owners agree." What? What happened to a comprehensive plan? What about the whole community agreeing? And, as Tom Oliver's article pointed out, the repeated pairing of Agribusiness with Tourism is particularly disturbing. These are farms, they produce food, that people eat (or drink!) They are not part of your Disneyland, Mr. Boyd. And NOWHERE in the Economic Action Plan is there anything about responsible business, about environmental protections, about maintaining rural areas (quite the opposite - see: rezoning, waivers...). Or how about any kind of vision for what this would look like. What IS the appropriate mix of "commercial vs. residential tax revenues"? Also, this plan talks about creating jobs for the "resident population." Do we have any idea at all how many people, working in businesses in Albemarle County, actually LIVE in Albemarle County? It is my guess that with most lower paying positions, they are traveling here from outside of the county. Contributing to traffic without increasing property tax revenues. And if they ARE living in Albemarle County, this means they may be paying property taxes - which we know do not cover the costs required for services - but they would be adding to the burdens on our schools, libraries, fire and rescue and all the other underfunded services we are supposed to provide. In the opening paragraphs of the Action Plan is the statement, "Albemarle County's commitments to Education and infrastructure form the cornerstone of Albemarle County's quality of life, and, by default, its business growth." I think this new plan turns things around - hoping that business growth will provide something for the rest, by default. The last budget cycle, with the four eager-to-please-the-business-people-no-matter-what members of the board of supervisors let the county know that they clearly did NOT have commitments to education, and as all infrastructure projects were put on hold, that's gone, too. The language of the plan, the commitment to the environment, the commitment to the people, the idea of some vision for a quality future for our county - all this needs to be rethought before we go selling Albemarle County's soul to the business community. We can do better. Margie Shepherd Attachment B-20 Lee Catlin From: RRHumphris@aol.com Sent: Monday, July 05,2010 1252 AM To: Lee Catlin Cc: riverstreet4444@yahoo.~om; dsrooker@earthlink.net; Duane Snow; Rodney Thomas; Ann Mallek; Ken Boyd Subject: Comments to Draft Economic Development Plan Attachments: BOS Comments-EconPlan 7-3-1 0.doc Hi Lee, The attachment is the word document of the comments below. I don't see how you do the job you do -- but you sure are good in everything I've seen! Good Luck! Bob Humphris 3 July 2010 Comments - DRAFT ECONOMIC DEVELOPMENT PLAN The stated primary goal of this proposed Economic Development Plan (the Plan) is to "Increase the County's economic vitality and future revenues through economic development by expanding the commercial tax base." A majority of the Board of Supervisors apparently strongly believes in: no new taxes, cutting operation expenses to an absolute minimum, obtaining new revenues from economic development by expanding the commercial tax base, soliciting new economic opportunities or jobs for our unemployed, under err~ployed and upcoming children. These stands certainly are appealing to the average citizen in today's hard times. Just the platform of "NO NEW TAXES" is very attractive and certainly swayed many voters at election time. However, historical data and analysis do not support the arguments listed above: Our unemployment rate has historically been almost the lowest in the state and way below the national and state average (even in these difficult economic times), Our tax rate is low in comparison with other comparable counties, We have been on or near the top of most every national list of the "best place to live" and many other categories, New businesses typically create more population - since new businesses cannot find sufficient local workers (i.e., the G.E. expansion case in the 1990's), Residential taxes paid are less than services required. As the population grows, the net result is that the increased revenues from new commercial taxes are insufficient to provide the necessary services for the increasing population - and the tax rate increases. This is vividly demonstrated by the ASAP charts, which show the tax rate increasing with increasing population of various Virginia counties. So, a majority of this Board is trying to have the County use taxpayer dollars to play a role in expanding the commercial tax base to increase revenues to potentially reduce the tax burden on residents. BUT, just the opposite is very likelv to occur - instead of lowering our tax burden. the tax rate will increase. This scenario must be addressed somewhere in the Plan. As now written, the Plan states only the advantages and additions and modifications to the Comprehensive Plan and fails to state disadvantages. I don't believe that there is any mention in the Plan of the extremely pertinent objective to emphasize the hiring of local workers. This should be added, along with requiring that certain information on new b~~sinesses contacting the County be documented: Initial nurr~ber of anticipated total workers (by category) and percent of local workers expected, A projection for the first five or ten years of the total number of workers and the percent of those who would be local, When new companies relocate to Albemarle County, they should be required to present to the Board annual summary reports which would include the aforesaid worker information and anticipated burdens on water and sewer, transportation, educational and other infrastructure. There are many worthwhile "Actions" and "Strategies" listed in the Plan. However, a cost- benefit analysis, which anv financial expert or fiscal conservative would recommend, should be included. I firmly believe that the Countv should not be in the business of soliciting new development which will result in hipher tax rates. Thank you, Robert R. Humphris, Sr. 109 Falcon Drive Charlottesville, VA 22901 Attachment B-2 1 Lee Catlin From: John Lowry ~ohnlowry@lowryforalbemarle.com] Sent: Monday, July 05, 2010 3:37 PM To: Lee Catlin Subject: Re: Copy of your comments re: the Economic Development Action Plan Attachments: Roundtable document for ED 0ffice.docx; Roundatable page 2.docx; Rationale for Economic Development Office in Albemarle Countypage 3.docx Here are electronic copies of comments for the Action Plan roundtable. Page two of my lists counties (not cities) so smaller number by 9 - when I passed out hard copy to everyone I did not "save" the city list- the point is pretty obvious, however! What I did not say in the roundtable but might add here is an Economic Development staff does not necessarily mean new hires - could be existing staff doing multi - tasking. For the right people it could be fun!! Lee- as I gave said publicly many times I really appreciate the good work of Albemarle county staff. A good friend and one time client of mine was George Long - long ago head of Virginia Association of Counties. George knew county government and George had VACO located here in Albemarle - speaks volumes ... Cheers JL Attachment B-2 1 A- l Page 1 Draft Econo~nic Action Plan Roundtable Discussion June 23,2010 Specific suggestion to add an eleille~lt under: Objective 1 Improve the County's business cli~nate and image. Strategy 2 Increase thc visibility of County's Business Development Staff Proposed chan~e: Within the time period of the action plan (three years) the County will create an Econo~nic Development Office. This office will be part of the County Executive's Office and will have line authority and responsibility for pronloting economic development as a part of the County's Strategic Plan. Attachments below in support of this addition to the Action Plan 1) Table listing the approach to Economic Development by twenty-one other localities in the Commonwealth. 2) Rationale for having an Office of Ecoilonlic Development in Albeinarle 3) Hypothetical means to support an annual operating budget for an ED office. June 23,2010 Roundtable discussion handout Attachment B-2 1 A-2 Survey of Cities and Counties with an Economic Development Office: Counties: CHESTERFIELD COUNTY CULPEPER COUNTY FAUQUIER COUNTY FREDERICK COUNTY GLOUCESTER COUNTY HANOVER COUNTY ISLE OF WIGHT COUNTY JAMES CITY COUNTY LOUDOUN COUhTTY LOUISA COUNTY MONTGOMERY COUNTY ORANGE COUNTY recent population 3 1 1,000 44,000 66,000 7 1,000 38,000 99,000 34,000 60,000 269,000 3 1,000 84,000 32,000 office title and notes Economic Development office (ten staff members) Department of Development Dept of Economic Development (director + three staff) Winchester-Frederick Economic Commission Dept of Economic Development Director's Office Hanover County Econ Development Office of EconomicDevelopmnt Office of EconomicDevelopmnt (director + staff of 3) Dept of Econ Development Economic Developmnt Director Dept of Econ Development (director + staff of 3) Economic Development Office SPOTSYLVANIA COUNTY 1 19,000 Economic Development Dept Attachment B-2 1 A-3 Rationale for Economic Development Office in Albemarle County Why doesn't Albemarle County have an Economic Development Office? * Everyone else has one. Including our immediate neighbors, even counties and cities half our size have a named office. Typical size is a director and three staff positions. * An Office of Econoinic Development is where businesses would go to check out their ideas. A Director of ED would be an in-house advocate. The Director would help business men and women coordinate their ideas with Albemarle County's stated policies and departments. * Line Authority allows constructive communication. An office has responsibility to achieve results within our Strategic Plan. Good ideas get a sponsor. Poor ideas get nipped in the bud. An office has the job of working for responsible growth each and every day. * Coordinating economic vitality with other advocate groups is a good idea. However, TJPED, the Chamber or any other business entity is going to serve their own interests first. The County needs its own office to make sure the county's needs are served. Attachment B-22 Lee Catlin From: John Lowry Ljohnlowry@lowryforaIbemarle.com] Sent: Monday, July 05, 2010 3:42 PM To: Lee Catlin Subject: RE: last page Attachments: Economic Development income 4.docx I seem to have missed final handout page - attatched herewith! Economic Development Authority Source of revenue Attachment B-22 A- I Consider how an Office for Economic Development might have an annual operating budget. The Economic Development Authority has issued a face value over the past seven years of about $500MM bonds in the name of the County of Albemarle. Each issuer is charged an application fee as they go into the review period before issuance. At present, once issued, there are no more revenues to the county for these bonds outstanding. One way to create a regular revenue stream to the county would be to charge annually five or ten basis points (5 or 10 hundredths of 1%) to each issuer for that amount of bonds face value that is outstanding at the beginning of our fiscal year (Albemarle starts each July 1). In the example of $500MM for the last several years there would be about $250,000 for a 5 basis point charge each year. This revenue could then support an Economic Development Office annual budget. A second way the EDA could generate revenue would be to charge an annual fee to those who issue in our name. There are at present 52 issues of Albemarle County Economic Development bonds outstanding. Were the county to bill each issuer a $500 fee each year, there would be an annual operating income of $25,000. This is a smaller number than the previous example, but shows another way that revenues from an existing authority could make an economic office self supporting. A third way to create the means to fund an economic development office would be by creating a Community Development Authority. Albemarle County is itself rated "AAA". It is quite likely the rating authorities would rate a CDA a notch or two lower (perhapsnA" rated) to create the ability for the county to borrow money with which to finance itself. The success of economic vitality could then be used to pay off indebtedness over time. These are three examples of how an Economic Development Office could self fund. The goal of economic activity is, among other tl~i~lgs, to create more revenue for the county. I am happy to explain how many $ millions we are presently missing. The increased activity would be in the growth area and create jobs for our citizens. Attachment B-23 Lee Catlin From: Dawn Story [dawn@newmoonnaturals.com] Sent: Tuesday, July 06,2010 9:37 AM To: Lee Catlin Subject: recommendations from Dawn Story Attachments: RECOMMENDATlONSalbemarlecountyEDAP.docx Hello Lee, Sorry to have fallen off the planet. I've been consumed with family/holiday, etc! Hope you had a nice one! Here is the electronic copy of the recommendations I presented at last Thursday's round table. Please let me know if there is anybody else to whom I should send this. I truly hope the county will consider elevating the status of agriculture, not only an economic driver, but as a solution to so many of our current challenges, as well as those we are likely to face in the future. I'd be interested in your personal feedback if you'd care to share. Thanks again for the opportunity to participate in the democratic process! It will be exciting to see how the community's collective wisdom will be gleaned to plan for a resilient future. " Dawn Story Attachment B-23 A- l RECOMMENDATIONS FOR REVISIONS OF THE ALBEMARLE COUNTY ECONOMIC DEVELOPMENT ACTION PLAN Offered by Dawn Story June 30,2010 In considering strategies for a new Albemarle County Economic Development Action Plan, we need to look no further than the prospects of investing in a resilient, sustainable and viable local food and agriculture economy. According to a recent report issued by Packaged Facts, local food sales within the U.S. are expected to reach $7 billion by 2011. This trend holds steady despite the recent downturn in the economy, as more and more consumers seek healthy food that allows them to support agriculture and fisheries in their local communities. In fact, if Albemarle County residents spent only $10 of their food budget per week on locally produced food, this would generate over $20 million to our local economy. Given the additional security that everyone needs to eat, this is a segment of our economy that has perpetuity and is deserving of much further research, strategic planning and follow-through. Investing in our local foodlag economy has what is called a "multiplier effect", meaning that the benefits of creating sound and secure community food systems can be felt far and wide across a region's various sectors and can address many issues at once. For instance, above and beyond generating wealth (both monetary and non-monetary) that stays in our community, local food systems offer the following benefits: 1. Create more jobs 2. Sustain family farms by making them more viable 3. Preserve open space 4. Create food security for the citizens of Albemarle County 5. Grow a new generation of farmers 6. Reduce our dependence on fossil fuels 7. Decrease our food miles 8. Increase health and well-being of our citizens 9. Preserve heritage skills, livestock breeds and cuisine 10. Promote the humane treatment of animals 11. Reduce our environmental impact by using sustainable growing methods 12. Connect those that produce food with those who consume it 13. Connect rural and urban residents 14. Reconnect people with the source of their food 15. Build soil 16. Conserve water 17. Diversify farming activities All over the nation, both state and local governments are recognizing the connection between economic development, food access, food security, public health, hunger and labor and are creating Food Policy Councils to forge policies for just, healthy food systems. These councils act as both forums for food issues and platforms for coordinated action amongst sectors of a community that are not generally linked together. Their strength lies in their ability to pull together Attachment B-23 A-2 the wide-ranging sectors that comprise a food system and address them from a more holistic perspective. Thus, council members often include a diverse group of representatives such as local politicians, county staff, farmers and food producers, food distributors, consumers, transportation officials, school district officers, economic development staff, health department officials, non-profits working on agricultural issues, extension agents and so on. Please refer to the document "Food Policy Councils: Lessons Learned" by the Institute for Food and Development Policy for more details. Another glowing example of a region's collaborative efforts and forward-thinking to secure a thriving community food system as a driver for their local economic engine comes from North Carolina. Please refer to the document, "From Farm to Fork: A Guide to Building North Carolina's Sustainable Local Food Economy" for details. It is just one example of many initiatives that are taking advantage of the triple bottom line -that is, people, planet and profit - that is a resultant benefit of this strategy. When developing strategic plans for any community's future (microcosm), it is also important to take into account a more holistic picture of what is occurring at the macrocosm level. Right now, the world is facing a confluence of crises that are impacting our current lifestyles and will likely change the way we habit the planet into the future. The existing dilemmas we are experiencing - including our current energy, environment, economic, social, health care, and food predicaments - largely hinge upon our present society's dependence on fossil fuels and are compounded by the fact that these limited sources of energy are major contributors to global climate destabilization. While there may be lingering dispute over the minute details, the facts associated with these crises have been available to the general populace, the media and our government for at least a decade. With this in mind, it would be wise for any community looking to project into the future - including the crafting of a new Economic Development Action Plan -- to plan for the uncertainties associated with our current energy volatility, environmental fragility, economic recessions/depressions, social alienation, health epidemics, population overshoot, water shortages and food/agriculture vulnerabilities. Our recent experiences with erratic weather patterns, gasoline price spikes and shortages and the growing number of homeless and hungry within our community are only just a few examples of the vulnerabilities we face as we head toward an uncertain future. In short, we'd be prudent to plan ahead and prepare for a county-wide transition toward a future less dependent on fossil fuels, less carbon-intensive and more community-oriented. Over the last few decades, we have become a society largely dependent on outside sources for almost everything, including what we eat. While the globalization of our food supply has offered many advantages (such as being able to eat whatever want, whenever we want it), it has also made us more vulnerable. In fact, we are far more vulnerable than we were before the Great Depression due to the fact the American food system now relies on massive fossil fuel inputs, toxic chemicals and parts and machinery manufactured overseas and due to the fact that only a shrinking percentage of the population knows how to grow food (less than I%), let alone how to cook with fresh produce. In order to withstand the shocks of fuel price spikes, food supply disruptions, or transient economic or geopolitical events and, thus, become more resilient, we need to "relocalize" our food systems. Relocalization means decentralizing our food production and distribution systems and going back to producing more of our basic food necessities locally. We must reinvent the way we feed ourselves through a transitional process of planned, incremental, and rapid changes in order to avoid the likely chaos that will ensue should we wait until further systemic breakdown. The transition process will succeed by creating more resilience within our current food system. This is important because resilient food systems are able to withstand greater magnitudes of disturbance and shock before losing their capacity to function. One quality of resilience is redundancy (an example of this in action would be stocking of larger inventories in our grocery stores as opposed to our current "just-in-time" delivery systems). Another quality of resilience is diversity Attachment B-23 A-3 (meaning farms producing a multitude of crops as opposed to mono-cropping). And yet another is dispersion and decentralization, as opposed to centralized control over our food system. Our new food system will require more farmers and more people consuming more food that is produced close to home. In her recent book, "A Nation of Farmers", which was inspired by Thomas Jefferson's vision for an agrarian society, Sharon Astyk suggests we'll need 100 million farmers and 200 million home cooks in order to feed ourselves in times ahead. Any new policies being scripted by Albemarle County should include strategies that will manifest this vision. The good news is that we have a golden opportunity to address so many of our current crises by creating resilient, sustaina~le community food systems through well-thought out strategies in support of sustainable agriculture and local food production. All of this being said, I propose that the new Albemarle County Economic Development Action Plan be designed to rest upon the strong legs of a thriving, viable and resilient agricultural community - one that is not vulnerable to the whims of far-away CEOs and to the uncertainties of our future. Our plan should tap into the far-reaching economic potential of a sound, secure and just community food system that will have the ripple effects of creating new economies for both farmers and citizens alike and that will generate wealth that will actually stay in our community. Given the somewhat daunting task of reconstructing our food system, I recommend that we slow down and take the necessary time to digest the potential effects of an uncertain and lower-carbon future rather than rushing through some superficial policy. By forming a working group (such as a Food Policy Council) that includes bringing the various sectors of our community together to collaborate on research, assessment, strategic planning and implementation, we will be able to transform such challenges into golden opportunities for more resilient and vibrant communities. In addition to a Food Policy Council, I propose the following recommendations to deliberately and strategically reconstruct our foodshed, elevate the practice of agriculture and create a resilient and relocalized community food system that includes all of the processes involved in feeding people as follows: The Albemarle County Economic Development Action Plan should: Strive to increase the quantity and quality of agricultural activity and food production in Albemarle County; support the ability for farmers and food entrepreneurs to get their products to market; and protect citizen's rights to make personal food consumption choices as follows: 1. Allow residents to keep scale-appropriate poultry flocks, including within the R1 district 2. Provide funding and/or collaborate with other groups to create a locally-based processing facility for livestock (ie: slaughterhouse, mobile abattoirs) 3. Create tax incentives for all agricultural endeavors, including farms that comprise less than 5 acres 4. Provide financial assistance to both new and existing farms and food entrepreneurs 5. Collaborate with the Virginia Department of Agriculture & Consumer Services to reduce the regulatory burdens that create obstacles for agricultural endeavors 6. Collaborate with the Virginia Department of Health to reduce the regulatory burdens that create obstacles for agricultural endeavors 7. Reduce the zoning restrictions and expedite special permits for projects focusing on local food production, distribution, sales and consumption 8. Coordinate with existing state and federal initiatives to bring these programs to Albemarle County (Farm-to- School, SNAP, etc) Attachment B-23 A-4 9. Coordinate with existing task forces/committees currently engaged in dialogue and programming relative to agriculture (VACO, VADO, VDACS, VDH, Virginia Food Policy Council, etc) 10. Collaborate with other groups to create a marketing "brand" for Albemarle-grown products (PEC, Local Food Hub, etc) 11. Work with Albemarle County schools to get agriculture into the curriculum (Farm-to-School Programs) 12. Educate school cafeteria workers on the health benefits and cooking techniques for fresh produce 13. Designate land on school property specifically for food production (to be used both for gardening lessons and food for school meals and snacks) 14. Educate citizens on the benefits of consuming locally-produced food, including provide support PEC's Buy Fresh Buy Local program through funding and website link from county web page 15. Educate citizens on the importance of growing at least some of their food by encouraging the creation of Victory Gardens and converting lawns into food production 16. Work with homeowners associations and neighborhoods to reduce obstacles to home food production and entrepreneurship 17. Create new farmers markets and venues for direct exchange of locally produced food between producers and consumers 18. Support new and existing farmers markets by reducing the zoning restrictions, fees and time delays that currently create obstacles 19. Support new and existing community gardens by reducing the zoning restrictions, fees and time delays that currently creating obstacles 20. Support home-based value-added food production by reducing the regulatory burdens currently creating obstacles 21. Convert abandoned lots into urban/community gardens 22. Provide funding for Community Food Projects, especially those relative to food justice, food distribution and value-added food production 23. Create and support farm training programs to incubate a new generation of farmers, including training for immigrants, refugees, unemployed and homeless 24. Create and support farm labor programs to support farmers in need of human energy, including placement of trained immigrants, refugees, the unemployed and the homeless 25. Create and support a food entrepreneurship/food incubator program designed to launch new, locally produced value-added food products that includes community kitchen space, a cannery, small business assistance, marketing and distribution assistance, and general entrepreneurial support. 26. Provide support for local food aggregators and distributors (Local Food Hub) 27. Create tax incentives for businesses that use locally produced food (caterers, restaurants, hotels, schools, retailers, etc) 28. Support programs and businesses that work to protect our heritage culinary and agricultural traditions and skills, heritage seeds and plants (Southern Exposure Seed Exchange, Backyard Revolution, etc) 29. Create an emergency preparedness plan for food supply interruptions 30. Create a goal for reducing our local "foodprint" (the energy impact of our collective food consumption) 31. Support and implement EBT and SNAP programs to enable fresh, healthy, locally produced food to get reach all segments of the populace including the underserved and senior community 32. Ensure fair practices for farm labor (living wages, bi-lingual communication, adequate housing and health care, etc) 33. Collaborate with the University of Virginia's Urban & Environmental Planning Food Systems Class in conducting research relative to Albemarle County's agricultural "status quo ", as well as create recommendations based on findings Attachment B-23 A-5 34. Create incentives to "grow" soil that is being lost at an alarming rate and that is crucial to all sustainable agricultural endeavors; provide incentives for small and large scale soil-building and cornposting projects 35. Create disincentives for energy/soil waste and incentives for using less energy/soil 36. Collaborate with state and federal government to ensure that consumer's rights to make food choices as they see fit are protected and that GMO and irradiated foods are clearly labeled as such 37. Hire someone for the approved Albemarle County agricultural/rural economic development position to oversee all of the above 38. Create a diverse advisory council (Food Policy Council) to work in tandem with aforementioned agricultural officer so that all stakeholders are able to participate and/or advise on agricultural policies and programs References: Economic Development Action Plan Roundtable Notes, w/o refinements Preamble, Goal, Objective 1 June 23rd Roundtable 1. Primary goal – how does data demonstrate success with goal? No measures for rural economy. 2. Compatibility with sustainability? Criteria should related to sustainability and natural resources (Sierra Club) 3. Capture “business” to include non-profits, niche farming, and other enterprises 4. Preamble- 2nd paragraph, disagree with “proven track record”, “achieved”, really doesn’t address environmental issues, further work sessions? 5. Preamble – 2nd paragraph, strike everything but last sentence 6. Objective 1, Strategy 2 – Create an Economic Development Office, “line authority”, (See handout for ways to fund and details) 7. Objective 1, Strategy 1 – expand organizations to include Charlottesville Incubator , Business Innovation Council 8. Objective 1, Strategy 1 – Emphasis on existing businesses 9. Preamble – “Community has sought…” 10. Consider impacts from local businesses versus attracted businesses moving into County. July 1st Roundtable 1. Preamble, para 2: “proven track record” don’t agree with statement. Sierra Club offers alternative statement, previously submitted 2. Talk about what the County strives to do for protection of natural resources 3. Include chart from Board Retreat handout for economic status with this document 4. Provide comparisons for review times to other localities 5. In favor of outreach and streamlining, 6. Preamble, para 1: short term goals in plan, but should nurture long term goals 7. Need to clarify how performance measures will achieve goal of plan 8. Need stronger emphasis on providing jobs 9. Preamble, para 2: “consistently” , emphasis on providing jobs 10. Use unemployment as a performance measure 11. Use underemployment, not just unemployment 12. Objective 1, Strategy 3: Notify business community and others on proposed changes to ordinances, post notices consistently, formalize process for receiving input on proposed changes 13. Consider revising statement to public education commitment 14. Reconcile frozen positions against expectations for community (contrary to job creation) 15. Primary goal: more emphasis on cost controls as well as revenue enhancement 16. Objective 1, Strategy 1: “and leadership of Commonwealth” “Commonwealth’s vitality” 17. Remove obstacles to building retail, 18. Market based solutions should include pricing to impacts on natural resources, Objective 2 June 23rd Roundtable 1. Include written schedule for when approval can be expected (action 3, strategy 1) 2. Define periods of time for completion, 3. Look at effectiveness with respect to quality of life 4. Strategy 1, “ reduce unnecessary or inappropriate complexity” 5. Clarify for Board what requirements are mandated by others vs. County imposed July 1st Roundtable 1. Strategy 1: remove note on lesser demand for complex rezonings and special use permits 2. Strategy 1: echo same comment as above, remove note on priorities 3. Ask rezoned property owners why they aren’t proceeding now 4. Strategy 1: efficient applications, but insert “without eliminating environmental safeguards” 5. Need to better understand impacts created by new development before making changes, “speed should not overtake safeguards and environmental quality” 6. Strategy 1, 3rd bullet – emphasize common sense in process 7. Look at eliminating rules (red tape) to achieve goal to provide jobs, streamline process 8. Regulations serve a purpose (oil spill) 9. Making process simple to help better protect, market based conservation solutions should be added to plan (wetland mitigation bank should be exempt from stream buffer regs) “Purchase stormwater credits” 10. Supports market based solutions, using nonprofit organizations and credits 11. Strategy 2: simplify process for all applicants Objective 3 June 23rd Roundtable 1. Evaluate for compatibility with other sections of the Comprehensive Plan, Don’t partner in development proposals that promote growth, make sure supporting sustainability 2. County doesn’t have role with respect to population (response to #1) 3. Employers should be broader to include other entities that provide jobs 4. “fiscally and ecologically beneficial to the County”, “do no harm” 5. General environmental protection concern 6. Looking for some declaration that need to also consider impacts created by growth (air quality, traffic, etc) 7. “ capital-intensive, knowledge-based, or other…” keep open to capital intensive industries that provide good jobs 8. Strategy 1 – need to work with organizations that support potential and new businesses (entrepreneurs), become partner in Charlottesville Business Incubator 9. To create jobs for people that are here by people that are here, support business incubators 10. Recognize need to allow generations of families to find jobs rather than need to leave 11. Focus on better quality jobs, skill trades 12. Focus on existing residents first, then other strategies, career paths, training 13. Apply economic development fund to small, new businesses 14. Put strategy 1 as action under strategy 2, homegrown businesses with promote and support small business growth, “align targets” – not sure what means? (handout) 15. Be strategic in geographic location of jobs 16. “targeted” versus designed to lift all businesses, targeted may be too small a club 17. “attracts and retains” July 1st Roundtable 1. Provisions for assistance in exchange for commitments to local jobs, with recourse if fails, recognize “front doors” to community as attractors and preserve entrances to County 2. Home based businesses in RA should be examined (e.g. broadband provided to homes) 3. RA businesses deserve a separate bullet or strategy, need vibrant rural economy, seek sustainable opportunities for RA that help protect w/o sacrificing protections of RA 4. Strategy 2: Don’t get into picking winners and losers, focus on types of industry and allow natural growth 5. Agrees with comment on not picking winners 6. Strategy 2: substitute enterprises for industries, nurture local enterprises and attract good businesses 7. Open up to all interested parties, avoid closed feeling by repeated mention of TJPED and C of C 8. Avoid undermining quality of life by attracting, (question: do we have a cap on growth in mind?) 9. Strategy 2: who is in charge of selecting target industries? Keep broad based task force open to many 10. Attracting new industries who bring in workers versus hire local, need to avoid, recognize may hurt existing local businesses and result in poorer paying jobs, avoid encouraging faster population growth, need to support local people 11. Need quality of life metric as part of goal, redevelopment should be emphasized, less emphasis on greenfields, 12. Clarify difference between fiscal impact and economic impact, looking at supporting local businesses 13. Avoid micromanagement of development, some loss of jobs can help better position for future 14. Strategy 2, 3rd: stronger wording about entrepreneurial relationship between startups and university 15. Avoid picking winners and losers 16. Need transportation plan to support development, emphasis on transit Objective 4 June 23rd Roundtable 1. “within already designated development areas” important to keep in document and prominent throughout document July 1st Roundtable 1. Slippery slope with ordinance changes, comprehensive land use plan (resource plan) should be more strongly emphasized, 2. Strategy 1: change “flexibility” to “clarity, certainty” 3. Recognize groundwater as resource, need to survey all sensitive areas and understand impacts before proceeding 4. Need equal urgency on other parts of Comprehensive Plan, (e.g. mountain protection) 5. Stronger statements needed on keeping LI as LI rather than rezoning to other uses Objective 5 June 23rd Roundtable 1. Agriculture supports existing population. Value added by supporting local population. Fund Ag Support position. Look for symbiosis with ag and natural resource protection (Tom’s handout) 2. Use term “agriculture’” rather than “agribusiness” 3. Broader statement to support local agriculture 4. Evaluate Ag Support position as separate action item 5. Recognize most farms are small and cannot provide sole income for most families, recognize need for supplemental income for farmers 6. Master planning should be mentioned to provide jobs (glue that provides jobs) 7. Master plans subordinate to other parts of plan, (broader point than this objective) 8. Separate working group needed to focus agricultural issues 9. Separate agriculture from tourism 10. Look at sixth objective related to business tax policy (overall question) 11. Need to capture ancillary economic benefits of agricultural activities July 1st Roundtable 1. Insert “agriculture” first, recognize industry development for agriculture will take a larger effort, “Assess current programs and investments in agriculture “ 2. Include “other related businesses” with above 3. No need to involve CACVB in initial efforts, start with work already in RA plan 4. Add section about direct marketing of agriculture production, include agriculture support position called for in RA plan 5. Recognize multiplier effect of keeping agriculture dollars in county, focus on local production 6. Support signage for rural area businesses, may be too narrow as written, broaden to recognize other rural area businesses, recognize infrastructure for rural area activities (e.g. bike lanes) 7. Elevate status of this objective, has comments will email to Lee 8. Look at obstacles to agriculture before other efforts 9. Add cottage enterprises, separate tourism from agriculture and agribusiness, recognize rural area attraction for tourism,