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HomeMy WebLinkAbout2012-2-01Tentative BOARD OF SUPERVISORS T E N T A T I V E FEBRUARY 1, 2012 9:00 A.M., AUDITORIUM COUNTY OFFICE BUILDING 1. Call to Order. 2. Pledge of Allegiance. 3. Moment of Silence. 4. Adoption of Final Agenda. 5. Brief Announcements by Board Members. 6. Recognitions: a. Kathryn Presson as Most Outstanding Fire Corps Volunteer. b. Raymond Gaines for service on the Fire Prevention Board of Appeals and the Local Board of Building Code Appeals. 7. From the Public: Matters Not Listed for Public Hearing on the Agenda. 8. Consent Agenda (on next page). 9:45 a.m. - Action Items: 9. Request to set a public hearing to amend the jurisdictional areas of the Albemarle County Service Authority for water service to Keswick Lake. 10. 10:05 a.m. - Board of Supervisors’ Strategic Plan Vision, Goals and Strategic Objectives. 11. 10:25 a.m. - FY 2010-2011 Comprehensive Annual Financial Report (CAFR). 12. 10:40 a.m. - Wireless Policy/Regulations Update. 11:00 a.m. - Recess. 13. 11:10 a.m. - Biscuit Run – Southwood Land Swap. 14. 11:30 a.m. - VDoT Report, David Crim. 15. 11:45 a.m. - PhotoSafe Annual Report, Steve Sellers. 16. Closed Meeting. 17. Certify Closed Meeting. 18. Boards and Commissions: a. Vacancies/Appointments. 1:30 p.m. – Presentations: file:////coba-webapp01/BOSForms/Agenda/2012Files/0201/0.0_Agenda.htm (1 of 2) [10/2/2020 9:29:17 AM] Tentative 19. 1:30 p.m. - Board-to-Board, Monthly Communications Report from School Board, School Board Chairman. a. Proclamation recognizing February 2012 as School Board Appreciation Month. 20. 1:45 p.m. - Department of Social Services Annual Report. a. Recognitions of Wanda Kucera and Claude Foster. 21. 2:00 p.m. - Bright Stars Annual Reports. 2:15 p.m. - Work Session: 22. ZTA-2010-00005. Sign Ordinance Zoning Ordinance Text Amendments (deferred from November 2, 2011). 23. From the Board: Committee Reports and Matters Not Listed on the Agenda. 24. Adjourn to February 8, 2012, 3:00 p.m., Room 241. C O N S E N T A G E N D A FOR APPROVAL: 8.1 FY 2012 Budget Amendment and Appropriations. 8.2 Resolution accepting Nash/Violette offer to sell conservation easement. 8.3 Authorize County Executive to execute Inter-governmental Agreement with Virginia Department of Agriculture and Consumer Services - ACE; Virginia Department of Agriculture and Consumer Services grant for easement acquisition. 8.4 Resolution to accept roads in Foothill Crossing Subdivision into the State Secondary System of Highways. 8.5 Resolution to Oppose Devolution of Costs for Core Government Services. FOR INFORMATION: 8.6 FY 2012 Second Quarter Cash and Non-Cash Proffer Report. 8.7 FY12 Second Quarter Financial Report. 8.8 Summary of grant applications submitted and grants received in January 2012. Return to Top of Agenda Return to Board of Supervisors Home Page Return to County Home Page file:////coba-webapp01/BOSForms/Agenda/2012Files/0201/0.0_Agenda.htm (2 of 2) [10/2/2020 9:29:17 AM] COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: FY 2012 Budget Amendment and Appropriations SUBJECT/PROPOSAL/REQUEST: Approval of Budget Amendment and Appropriations #2012052 and #2010053 for local government programs and projects. STAFF CONTACT(S): Messrs. Foley, and Davis, and Ms. L. Allshouse LEGAL REVIEW: Yes AGENDA DATE: February 1, 2012 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: Virginia Code § 15.2-2507 provides that any locality may amend its budget to adjust the aggregate amount to be appropriated during the fiscal year as shown in the currently adopted budget; provided, however, any such amendment which exceeds one percent of the total expenditures shown in the currently adopted budget must be accomplished by first publishing a notice of a meeting and holding a public hearing before amending the budget. The Code section applies to all County funds, i.e., General Fund, Capital Funds, E911, School Self-Sustaining, etc. The total of the requested FY 2012 appropriations itemized below is $11,610.00. A budget amendment public hearing is not required because the amount of the cumulative appropriations does not exceed one percent of the currently adopted budget. DISCUSSION: This request involves the approval of two (2) FY 2012 appropriations as follows:  One (1) appropriation (#2012052) totaling $5,110.00 for a Byrne Grant to support one-time equipment purchases at Offender Aid and Restoration (OAR); and  One (1) appropriation (#2012053) totaling $6,500.00 for contributions to the Sheriff Department’s volunteer reserves programs. RECOMMENDATIONS: Staff recommends approval of appropriations #2012052 and #2010053. ATTACHMENTS Attachment A – Appropriation Description Return to consent agenda Return to regular agenda Attachment A 1 Appropriation #2012052 $5,110.00 Revenue Source: Federal Revenue $ 4,599.00 Contribution from OAR $ 511.00 This request is to appropriate a $5,110.00 Byrne One-Time Equipment Grant (#12-A2390BY190) that has been awarded by the Virginia Department of Criminal Justice Services to Offender Aid and Restoration (OAR) with the County acting as fiscal agent. This grant amount includes $4,599.00 in federal revenue and a local match of $511.00 that will be provided by OAR. This grant will fund the one-time purchase of equipment to help address the wait times for and flow of clients coming to OAR. Once the grant monies are appropriated, the County Executive will sign the necessary grant award documents and they will be submitted to the funding agency. Appropriation #2012053 $6,500.00 Revenue Source: Local Revenue (Donations) $ 6,500.00 This request is to appropriate $6,500.00 in contributions that were received to support the Sheriff’s volunteer reserve programs. These contributions will support the various reserve programs such as Project Lifesaver, TRIAD, Search and Rescue, child fingerprinting, and any other programs/activities that the Reserves are involved with within the community. Return to exec summary COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Acceptance of Nash/Violette offer to sell conservation easement SUBJECT/PROPOSAL/REQUEST: Adopt resolution accepting Nash/Violette offer to sell conservation easement STAFF CONTACT(S): Messrs., Foley, Elliott, Herrick, Cilimberg, Benish, and Goodall LEGAL REVIEW: Yes AGENDA DATE: February 1, 2012 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: On November 2, 2011, the Board of Supervisors approved the ACE Committee’s recommendations to: 1) accept the completed appraisal of the Nash/Violette property from the FY 2009-10 applicant pool; and 2) approve inviting the owners to make a written offer to sell a conservation easement to the County based on this appraisal. On November 18, 2011, the owners agreed, in writing, to sell a conservation easement to the County for an income adjusted value. Under County Code section A.1-111(A), "[T]he board of supervisors shall designate the initial pool of parcels identified for conservation easements to be purchased... The size of the pool shall be based upon the funds available for easement purchases in the current fiscal year and the purchase price of each conservation easement in the pool established under section A.1-111(B).” DISCUSSION: A total of $735,914 is available for acquiring easements (see Attachment B), reflecting a combination of re- appropriated County funds ($619,460) and a balance held by the VDACS Office of Farmland Preservation ($116,454) for grants it previously awarded to the County. These funds will cover the acquisition of the Nash/Violette easement at a cost of $58,800. Though the Nash/Violette easement was appraised for $84,000, an adjustment was made based on the income grid, thus reducing the purchase price for the County by $25,200. The ACE Committee recommends that the Board accept the Nash/Violette offer to sell a conservation easement to the County for $58,800.00. Acquisition of this easement would provide the following benefits and resource protection:  Protection of 40 acres of farm and forestland  Elimination of 6 development rights  1,385 feet of state road frontage including 730 feet along I-64  1,800 feet of riparian buffer along Stockton Mill Creek  28 acres of “prime” farm and forestland  Property lies in the watershed of the South Fork Rivanna River Reservoir BUDGET IMPACT: Funding for the purchase of this conservation easement comes from the CIP-Planning-Conservation budget (line-item 9010-81010-580409). RECOMMENDATIONS: Staff recommends that the Board adopt the attached Resolution (Attachment C) accepting the Nash/Violette offer to sell a conservation easement to the County, for the price specified and subject to the terms and conditions contained in the proposed deed of easement, and authorize the County Executive to sign the final deed of easement for this property. ATTACHMENTS A – Ranking Order of ACE Applicants for Round 10 – FY2009-10 B – ACE Budget for Round 10 & Nash/Violette Easement Acquisition Cost C – Resolution Accepting Nash/Violette Offer to Sell Easement to the County Return to consent agenda Return to regular agenda 1 Attachment “A” Ranking Order of ACE Applicants from Round 10 (FY 2009-10) (20 points are needed to qualify for ACE Funding) Applicant Tax Map Acres Points Tourism Status Lively, Julius TM 93, Parcel 53 90.950 acres 48.45 points yes withdrawn (Simeon) TM 93, Parcel 53C 10.650 acres TM 93, Parcel 53D 10.500 acres TM 93, Parcel 54 184.570 acres Total 296.670 acres Ethel Pugh/Stanerson TM 56, Parcel 25C 96.220 acres 33.36 points yes acquired 2.14.2011 (Ivy) Barksdale, John TM 100, Parcel 34 153.010 acres 29.66 points yes withdrawn (Walnut Creek) Thurman, Thelma TM 94, Parcel 20A 108.400 acres 25.36 points no acquired 5.26.2011 (Milton) Rives, Barclay TM 65, Parcel 93A1 3.811 acres 24.58 points yes withdrawn (Cismont) TM 65, Parcel 94 3.000 acres TM 65, Parcel 94 “A” 1.250 acres TM 65, Parcel 94 “B” 15.950 acres TM 65, Parcel 95 4.872 acres TM 65, Parcel 95A 3.978 acres TM 65, Parcel 121 38.840 acres Total 71.701 acres Rushia, Ed & Chris TM 39, Parcel 27 86.700 acres 22.43 points yes hope to acquire (Crozet) Nash/Violette TM 71, Parcel 43 40.160 acres 22.06 points yes hope to acquire (Greenwood) William Traylor TM 48, Parcel 45 14.569 acres 10.27 points no ineligible (Stony Point) TM 48, Parcel 46 25.456 acres Total 40.025 acres _______________________________________________________________________________________________ Totals 8 applicants 862.926 acres Note: Tourism value is determined by the presence of specific elements from the ranking evaluation criteria making certain properties eligible for funding from the transient lodging tax. The specific criteria include the following: contains historic resources or lies in a historic district; lies in the primary Monticello viewshed; adjoins a Virginia scenic highway, byway or entrance corridor; lies on a state scenic river; provides mountaintop protection. 2 Ranking Order of ACE Applicants from Round 10 (FY 2009-10) (20 points are needed to qualify for ACE Funding) Applicant Tax Map Acres Points Status Lively, Julius TM 93, Parcel 53 90.950 acres 48.45 points rejected ACE offer (Simeon) TM 93, Parcel 53C 10.650 acres TM 93, Parcel 53D 10.500 acres TM 93, Parcel 54 184.570 acres Total 296.670 acres Ethel Pugh/Stanerson TM 56, Parcel 25C 96.220 acres 33.36 points acquired on 2.14.2011 (Ivy) Barksdale, John TM 100, Parcel 34 153.010 acres 28.71 points rejected ACE offer (Walnut Creek) Thurman, Thelma TM 94, Parcel 20A 108.400 acres 25.36 points acquired 5.26.2011 (Milton) Rives, Barclay TM 65, Parcel 93A1 3.811 acres 24.58 points withdrawn (Cismont) TM 65, Parcel 94 3.000 acres TM 65, Parcel 94 “A” 1.250 acres TM 65, Parcel 94 “B” 15.950 acres TM 65, Parcel 95 4.872 acres TM 65, Parcel 95A 3.978 acres TM 65, Parcel 121 38.840 acres Total 71.701 acres Rushia, Ed & Chris TM 39, Parcel 27 86.700 acres 22.43 points hope to acquire (Crozet) Nash/Violette TM 71, Parcel 43 40.160 acres 21.06 points hope to acquire (Greenwood) William Traylor TM 48, Parcel 45 14.569 acres 10.27 points ineligible (Stony Point) TM 48, Parcel 46 25.456 acres Total 40.025 acres _______________________________________________________________________________________________ 3 ACE Ranking Evaluation Criteria & Points Determination Owner: Lively, Julius Property: TM 93, Parcel 53 ( 90.950 acres) 3 DivR’s + 5 DevR’s = 8 DR’s TM 93, Parcel 53C ( 10.650 acres) 0 DivR’s + 5 DevR’s = 5 DR’s TM 93, Parcel 53D ( 10.500 acres) 0 DivR’s + 5 DevR’s = 5 DR’s TM 93, Parcel 54 (184.570 acres) 8 DivR’s + 4 DevR’s = 12 DR’s Total (296.670 acres) 11 DivR’s + 19 DevR’s = 30 DR’s Ranking Criteria Determination Source for Points Points Criteria A.1 ¼ mile from Limestone Farm plats/County overlay maps 2.00 Criteria A.2 296.670 acres RE Assessor’s Office 5.93 Criteria B.1 no landowner 0.00 Criteria B.2 no landowner 0.00 Criteria B.3 24 DR’s eliminated Zoning & Planning Departments 12.00 Criteria C.1 no County overlay maps 0.00 Criteria C.2 yes landowner 5.00 Criteria C.3 1,340 feet on Route 53 County tax map/plats 4.23 (Entrance Corridor) Criteria C.4 yes - in Monticello viewshed PEC/Monticello viewshed maps 2.00 Criteria C.5 yes - Henderson habitat zone DCR Division of Natural Heritage 5.00 Criteria C.6 102 acres “prime” farm/forest County Soil Survey 2.04 Criteria C.7 4,100 feet on the Rivanna River County overlay maps 4.10 Criteria C.8 yes - Rivanna River plat/survey/County overlay maps 2.05 Criteria C.9 35 foot buffer on Rivanna River landowner 4.10 Criteria C.10 n/a County Engineering Department 0.00 Criteria C.11 no County overlay maps 0.00 Criteria C.12 no landowner/DOF 0.00 Criteria D.1 n/a Based on income grid 0.00 Point Total 48.45 points PEC = Piedmont Environmental Council; VOF = Virginia Outdoors Foundation; TNC = The Nature Conservancy DCR = Department of Conservation and Recreation; SH = Scenic Highway; EC = entrance corridor; SR = State Road; CE = Conservation Easement; SFRR = South Fork Rivanna River watershed; SWMHD = Southwest Mountains Historic District. 4 ACE Ranking Evaluation Criteria & Points Determination Owner: Ethel R. Pugh/Bettie Stanerson Property: TM 56, Parcel 25C (96.220 acres) 4 DivR’s + 2 DevR’s = 6 DR’s Ranking Criteria Determination Source for Points Points Criteria A.1 1,900 feet on TM 72-20A plats/County overlay maps 8.72 1,450 feet on TM 56-113 Criteria A.2 96.220 acres RE Assessor’s Office 1.92 Criteria B.1 no landowner 0.00 Criteria B.2 yes (retired, medical issues) landowner 3.00 Criteria B.3 5 usable DR’s eliminated Zoning & Planning Departments 2.50 Criteria C.1 no County overlay maps 0.00 Criteria C.2 yes landowner 3.00 Criteria C.3 370’ on I-64 (EC) County tax map/plats 3.21 600’ on SR 683 Criteria C.4 none PEC/Monticello viewshed maps 0.00 Criteria C.5 yes (w/in ¼ mile) DCR Division of Natural Heritage 3.00 Criteria C.6 49 acres County Soil Survey 0.98 Criteria C.7 SF Rivanna River Watershed County overlay maps 3.00 Criteria C.8 no plat/survey/County overlay maps 0.00 Criteria C.9 4,029’ on Stockton Mill Creek landowner 4.03 Criteria C.10 n/a County Engineering Department 0.00 Criteria C.11 no County overlay maps 0.00 Criteria C.12 no landowner/DOF 0.00 Criteria D.1 n/a Based on income grid 0.00 Point Total 33.36 points PEC = Piedmont Environmental Council; VOF = Virginia Outdoors Foundation; TNC = The Nature Conservancy DCR = Department of Conservation and Recreation SH = Scenic Highway; EC = entrance corridor; SR = State Road CE = Conservation Easement SFRR = South Fork Rivanna River watershed SWMHD = Southwest Mountains Historic District 5 ACE Ranking Evaluation Criteria & Points Determination Owner: Barksdale, John Property: TM 100, Parcel 34 (153.010 acres) 7 DivR’s + 3 DevR’s = 10 DR’s Ranking Criteria Determination Source for Points Points Criteria A.1 1,076 feet on Walnut Creek Park plats/County overlay maps 9.77 2,810 feet on C. Hudson Criteria A.2 153.010 acres RE Assessor’s Office 3.06 Criteria B.1 no landowner 0.00 Criteria B.2 no landowner 0.00 Criteria B.3 7 usable DR’s eliminated Zoning & Planning Departments 3.50 Criteria C.1 yes - 40 acres in Gay Mtn. MOD County overlay map 0.95 3 acres in RAB Criteria C.2 yes landowner 3.00 Criteria C.3 1,076 feet on SR 631 County tax map/plats 3.08 Criteria C.4 none PEC/Monticello viewshed maps 0.00 Criteria C.5 mafic outcrops w/ rare plants? DCR Division of Natural Heritage 3.00 Criteria C.6 105 acres County Soil Survey 2.10 Criteria C.7 no County overlay maps 0.00 Criteria C.8 no plat/survey/County overlay maps 0.00 Criteria C.9 none landowner 0.00 Criteria C.10 n/a County Engineering Department 0.00 Criteria C.11 no County overlay maps 0.00 Criteria C.12 no landowner/DOF 0.00 Criteria D.1 88% funding Based on income grid 1.20 Point Total 29.66 points PEC = Piedmont Environmental Council; VOF = Virginia Outdoors Foundation; TNC = The Nature Conservancy DCR = Department of Conservation and Recreation SH = Scenic Highway; EC = entrance corridor; SR = State Road CE = Conservation Easement SFRR = South Fork Rivanna River watershed SWMHD = Southwest Mountains Historic District 6 ACE Ranking Evaluation Criteria & Points Determination Owner: Thurman, Thelma Property: TM 94, Parcel 20A (108.400 acres) 4 DivR’s + 5 DevR’s = 9 DR’s Ranking Criteria Determination Source for Points Points Criteria A.1 w/in ¼ mile of Limestone Farm County overlay map 2.00 Criteria A.2 108.400 acres RE Assessor’s Office 2.17 Criteria B.1 no landowner 0.00 Criteria B.2 yes landowner 3.00 Criteria B.3 6 DR’s eliminated Zoning & Planning Department 3.00 Criteria C.1 no County overlay map 0.00 Criteria C.2 yes landowner 5.00 Criteria C.3 2,647’ on SR 623 County overlay map 4.65 Criteria C.4 no DHR & Monticello viewshed maps 0.00 Criteria C.5 no DCR - Division of Natural Heritage 0.00 Criteria C.6 55 acres “prime soil” County Soil Survey 1.10 Criteria C.7 no County overlay map 0.00 Criteria C.8 no County overlay map 0.00 Criteria C.9 2,958’ w/ 50-100’ wide buffers landowner 4.44 Criteria C.10 n/a County Engineering Department 0.00 Criteria C.11 no County overlay map 0.00 Criteria C.12 no Department of Forestry 0.00 Criteria D.1 n/a VOF, PEC, TNC etc. 0.00 Point Total 25.36 points PEC = Piedmont Environmental Council; VOF = Virginia Outdoors Founda tion; TNC = The Nature Conservancy DHR = Department of Historic Resources; DCR = Department of Conservation and Recreation SFRR = South Fork Rivanna River Reservoir 7 ACE Ranking Evaluation Criteria & Points Determination Owner: Rives, Barclay Property: TM 65, Parcel 93A1 ( 3.811 acres) 0 DivR’s + 1 DevR’s = 1 DR’s TM 65, Parcel 94 ( 3.000 acres) 0 DivR’s + 1 DevR’s = 1 DR’s TM 65, Parcel 94 “A” ( 1.250 acres) 0 DivR’s + 1 DevR’s = 1 DR’s TM 65, Parcel 94 “B” (15.950 acres) 0 DivR’s + 5 DevR’s = 5 DR’s TM 65, Parcel 95 ( 4.872 acres) 0 DivR’s + 2 DevR’s = 2 DR’s TM 65, Parcel 95A ( 3.978 acres) 0 DivR’s + 1 DevR’s = 1 DR’s TM 65, Parcel 121 (38.840 acres) 1 DivR’s + 6 DevR’s = 7 DR’s Total (71.701 acres) 1 DivR’s + 17 DevR’s = 18 DR’s Ranking Criteria Determination Source for Points Points Criteria A.1 783 feet on Mirza (TM 65 -93) plats/County overlay maps 3.57 Criteria A.2 71.701 acres RE Assessor’s Office 1.43 Criteria B.1 no landowner 0.00 Criteria B.2 no landowner 0.00 Criteria B.3 16 DR’s eliminated Zoning & Planning Departments 8.00 Criteria C.1 no County overlay maps 0.00 Criteria C.2 yes landowner 3.00 Criteria C.3 470 feet on Route 231 County tax map/plats 2.92 144 feet on SR 740 Criteria C.4 yes - SWMHD PEC/Monticello viewshed maps 3.00 Criteria C.5 no DCR Division of Natural Heritage 0.00 Criteria C.6 33 acres County Soil Survey 0.66 Criteria C.7 no County overlay maps 0.00 Criteria C.8 no plat/survey/County overlay maps 0.00 Criteria C.9 none landowner 0.00 Criteria C.10 n/a County Engineering Department 0.00 Criteria C.11 yes (Kinloch Ag-For) County overlay maps 2.00 Criteria C.12 no landowner/DOF 0.00 Criteria D.1 n/a Based on income grid 0.00 Point Total 24.58 points PEC = Piedmont Environmental Council; VOF = Virginia Outdoors Foundation; TNC = The Nature Conservancy DCR = Department of Conservation and Recreation; SH = Scenic Highway; EC = entrance corrido r; SR = State Road; CE = Conservation Easement; SFRR = South Fork Rivanna River watershed; SWMHD = Southwest Mountains Historic District. 8 ACE Ranking Evaluation Criteria & Points Determination Owner: Rushia, Ed & Christina Property: TM 39, Parcel 27 (86.700 acres) 3 DivR’s + 5 DevR’s = 8 DR’s Ranking Criteria Determination Source for Points Points Criteria A.1 990 feet on Henley plats/County overlay maps 11.54 1,922 feet on Shaw 1,856 feet on Pietsch Criteria A.2 86.700 acres RE Assessor’s Office 1.73 Criteria B.1 no landowner 0.00 Criteria B.2 no landowner 0.00 Criteria B.3 6 usable DR’s eliminated Zoning & Planning Departments 3.00 Criteria C.1 61 acres in MOD County overlay maps 2.97 35 acres in RAB Criteria C.2 no landowner 0.00 Criteria C.3 none County tax map/plats 0.00 Criteria C.4 none PEC/Monticello viewshed maps 0.00 Criteria C.5 no DCR Division of Natural Heritage 0.00 Criteria C.6 8 acres County Soil Survey 0.19 Criteria C.7 SF Rivanna River Watershed County overlay maps 3.00 Criteria C.8 no plat/survey/County overlay maps 0.00 Criteria C.9 none landowner 0.00 Criteria C.10 n/a County Engineering Department 0.00 Criteria C.11 no County overlay maps 0.00 Criteria C.12 no landowner/DOF 0.00 Criteria D.1 n/a Based on income grid 0.00 Point Total 22.43 points PEC = Piedmont Environmental Council; VOF = Virginia Outdoors Foundation; TNC = The Nature Conservancy DCR = Department of Conservation and Recreation SH = Scenic Highway; EC = entrance corridor; SR = State Road CE = Conservation Easement SFRR = South Fork Rivanna River watershed SWMHD = Southwest Mountains Historic District 9 ACE Ranking Evaluation Criteria & Points Determination Owner: Margaret Nash/Martin Violette Property: TM 71, Parcel 43 40.160 acres 1 DivR’s + 6 DevR’s = 7 DR’s Ranking Criteria Determination Source for Points Points Criteria A.1 none plats/County overlay maps 0.00 Criteria A.2 40.160 acres RE Assessor’s Office 0.80 Criteria B.1 no landowner 0.00 Criteria B.2 no landowner 0.00 Criteria B.3 6 usable DR’s eliminated Zoning & Planning Departments 3.00 Criteria C.1 no County overlay maps 0.00 Criteria C.2 yes landowner 3.00 Criteria C.3 730’ on I-64 (EC) County tax map/plats 3.87 654’ on SR 824 Criteria C.4 none PEC/Monticello viewshed maps 0.00 Criteria C.5 yes - snail on Stockton Creek DCR Division of Natural Heritage 5.00 Criteria C.6 28 acres County Soil Survey 0.56 Criteria C.7 SF Rivanna River Watershed County overlay maps 3.00 Criteria C.8 no plat/survey/County overlay maps 0.00 Criteria C.9 1,834’ - 1 side Stockton Mill Creek landowner 1.83 Criteria C.10 n/a County Engineering Department 0.00 Criteria C.11 no County overlay maps 0.00 Criteria C.12 yes landowner/DOF 1.00 Criteria D.1 n/a Based on income grid 0.00 Point Total 22.06 points PEC = Piedmont Environmental Council; VOF = Virginia Outdoors Foundation; TNC = The Nature Conservancy DCR = Department of Conservation and Recreation SH = Scenic Highway; EC = entrance corridor; SR = State Road CE = Conservation Easement SFRR = South Fork Rivanna River watershed SWMHD = Southwest Mountains Historic District 10 ACE Ranking Evaluation Criteria & Points Determination Owner: Traylor, William Property: TM 48, Parcel 45 14.569 acres 0 DivR’s + 5 DevR’s = 5 DR’s TM 48, Parcel 46 25.456 acres 0 DivR’s + 5 DevR’s = 5 DR’s Total 40.025 acres 0 DivR’s + 10 DevR’s = 10 DR’s Ranking Criteria Determination Source for Points Points Criteria A.1 <¼ mile of Gunn (TM 48-47C) plats/County overlay maps 2.00 Criteria A.2 40.160 acres RE Assessor’s Office 0.80 Criteria B.1 no landowner 0.00 Criteria B.2 no landowner 0.00 Criteria B.3 9 usable DR’s eliminated Zoning & Planning Departments 4.50 Criteria C.1 yes - 34 acres in MOD County overlay maps 0.68 Criteria C.2 no landowner 0.00 Criteria C.3 right-of-way County tax map/plats 0.00 Criteria C.4 none PEC/Monticello viewshed maps 0.00 Criteria C.5 no DCR Division of Natural Heritage 0.00 Criteria C.6 39 acres of “prime” farm/forest County Soil Survey 0.78 Criteria C.7 no County overlay maps 0.00 Criteria C.8 no plat/survey/County overlay maps 0.00 Criteria C.9 756’ on perennial, internal stream landowner 1.51 Criteria C.10 n/a County Engineering Department 0.00 Criteria C.11 no County overlay maps 0.00 Criteria C.12 no landowner/DOF 0.00 Criteria D.1 yes - wants to donate some portion Based on income grid ???? Point Total 10.27 points PEC = Piedmont Environmental Council; VOF = Virginia Outdoors Foundation; TNC = The Nature Conservancy DCR = Department of Conservation and Recreation SH = Scenic Highway; EC = entrance corridor; SR = State Road CE = Conservation Easement SFRR = South Fork Rivanna River watershed SWMHD = Southwest Mountains Historic District 11 Sec. A.1-108. Ranking criteria. In order to effectuate the purposes of the ACE program, parcels for which conservation easement applications have been received shall be ranked according to the criteria and the point values assigned as provided below. Points shall be rounded to the first decimal. A. Open-space resources. 1. The parcel adjoins an existing permanent conservation easement, a national, state or local park, or other permanently protected open-space: two (2) points, with one additional (1) point for every five hundred (500) feet of shared boundary; or the parcel is within one-quarter (1/4) mile, but not adjoining, an existing permanent conservation easement, a national, state or local park, or other permanently protected open-space: two (2) points. 2. Size of the parcel: one (1) point for each fifty (50) acres. B. Threat of conversion to developed use. 1. The parcel is threatened with forced sale: five (5) points. 2. The parcel is threatened with other hardship: three (3) points. 3. The number of usable division rights to be eliminated on the parcel: one-half (1/2) point for each usable division right to be eliminated, which shall be determined by subtracting the number of retained division rights from the number of division rights. A division right includes all by-right divisions of both 2-acre lots and the 21-acre residual lots. Each right represents the right to build a single dwelling. C. Natural, cultural and scenic resources. 1. Mountain protection: one (1) point for each fifty (50) acres in the mountain overlay district, as defined in the Comprehensive Plan. An additional one (1) point may be awarded for each twenty (20) acres within a ridge area boundary. For purposes of this section, the term “ridge area boundary” means the area that lies within one hundred (100) feet below designated ridgelines shown on county mountain overlay district elevation maps. If the landowner elects to use these points in the ranking criteria, the Deed of Easement shall prohibit all construction within the MOD. No farm building or agricultural structure may be allowed unless prior written approval is obtained from each Grantee”. 2. Working family farm, including forestry: five (5) points if at least one family member’s principal occupation and income (more than half) is farming or foresting the parcel; three (3) points if one family member has as a secondary occupation working the farm sufficient to qualify for the land use tax program. 3. The parcel adjoins a road designated either as a Virginia scenic highway or byway, or as an entrance corridor under section 30.6.2 of Chapter 18 of the Albemarle County Code: two (2) points, with one (1) additional point for each six hundred (600) feet of road frontage; or the parcel adjoins a public road: two (2) points, with one (1) additional point for each one thousand (1000) feet of road frontage; o r, the parcel is substantially visible from, but is not contiguous to, a public road designated either as a Virginia scenic highway or byway, or as an entrance corridor under section 30.6.2 of Chapter 18 of the Albemarle County Code: two (2) points. If the landowner elects to use points in the ranking criteria for frontage on a Virginia scenic highway or byway, any new dwelling shall have a 250’ setback from said roadway or shall not be visible in any season of the year from the scenic road on a site appro ved by the Grantee. Otherwise, 12 one (1) point will be awarded for each one thousand (1000) feet of road frontage. 4. The parcel contains historic resources: three (3) points if it is within a national or state rural historic district or is subject to a permanent easement protecting a historic resource; two (2) points if the parcel is within the primary Monticello viewshed, as shown on viewshed maps prepared for Monticello and in the possession of the county; two (2) points if the parcel contains artifac ts or a site of archaeological or architectural significance as determined by a qualified archaeologist or architectural historian under the United States Department of Interior’s professional qualification standards. If the landowner elects to use these points in the ranking criteria for artifacts or sites of archaeological or architectural significance, the Deed of Easement shall require the permanent protection of these resources as designed by Department of Historic Resources. 5. The parcel contains an occurrence listed on the state natural heritage inventory or a qualified biologist has submitted documentation of an occurrence of a natural heritage resource to the ACE Program and the Division of Natural Heritage on behalf of the applicant: five (5) points; or the parcel is within one-quarter (1/4) mile of an occurrence listed on the State Natural Heritage Inventory: two (2) points. 6. The parcel contains capability class I, II or III soils (“prime soils”) for agricultural lands or ordination symbol 1 or 2 for forest land, based on federal natural resources conservation service classifications found in the United States Department of Agriculture Soil Survey of Albemarle County, Virginia: one (1) point for each fifty (50) acres containing such soils to a maximum of five (5) points. 7. The parcel is within the South Fork Rivanna Reservoir Watershed, the Chris Greene Lake Watershed, or the Totier Creek Reservoir Watershed: three (3) points; or the parcel adjoins the Ivy Creek, Mechums River, Moormans River, Rocky Creek (of the Moormans River), Wards Creek (of the Moormans River), Doyles Creek, Buck Mountain Creek, South Fork Rivanna Reservoir River, North Fork Rivanna River, Totier Creek Reservoir, Swift Run (of the North Fork Rivanna River), Lynch River (of the North Fork Rivanna River, Rivanna River, Jacob’s Run, or the Hardware River, Rockfish River, James River, any waters designated as “Exceptional Waters” by the Virginia Water Control Board, any public water supply reservoir or emergency water supply reservoir: one (1) point for each one thousand (1000) feet of frontage. 8. The parcel adjoins a waterway designated as a state scenic river: one-half (1/2) point for each one thousand (1000) feet of frontage. If the landowner elects to use these points in the ranking criteria, any new dwelling shall not be visible from the river or require a 250’ setback from the river so as to maintain the natural, scenic quality of the property from the river. 9. The parcel is subject to a permanent easement whose primary purpose is to establish or maintain vegetative forest buffers adjoining perennial or intermittent streams, as those terms are defined in Chapter 17 of the Albemarle County Code: one (1) point for each one thousand (1000) linear feet of buffer that is between thirty-five (35) and fifty (50) feet wide; one and one-half (1½) points for each one thousand (1000) linear feet of buffer that is greater than fifty (50) feet but not more than one hundred (100) feet wide; two (2) points for each one thousand (1000) linear feet of buffer that is greater than one hundred (100) feet wide. If the owner voluntarily offers in his application to place the parcel in such a permanent easement, then the above-referenced points may also be awarded. 10. The parcel is within a sensitive groundwater recharging area identified in a county- sponsored groundwater study: one (1) point. 11. The parcel is within an agricultural and forestal district: two (2) points. 13 12. One (1) point for a professionally prepared Forestry Stewardship Management Plan approved by the Virginia Department of Forestry. D. County Fund Leveraging. 1. State, federal, or private funding identified to leverage the purchase of the conservation easement: one (1) point for each ten (10) percent of the purchase price for which those funds can be applied. Return to exec summary Attachment B 1. ACE Budget for Round 10 (FY 2009-10) Applicant Pool Current County Funds Available from FY11-12 Re-appropriation $ 619,459.94 Current Funds from Farmland Preservation Grants 116,453.75 Net Funds Available for Nash/Violette (FY09-10) $ 735,913.69 2. Acquisition Cost for Rushia & Nash/Violette - Round 10 (FY 2009-10) Applicant Total Appraised FMV Easement Value (% FMV) ACE Payment (% EV) Nash/Violette $ 521,000 $ 84,000 (16%) $ 58,800.00 (70%) (Greenwood) FMV = Fair Market Value EV = Easement Value Notes: For FY12, we are in line for another $110,952.46 from the Office of Farmland Preservation Return to exec summary Attachment C RESOLUTION ACCEPTING OFFER TO SELL A CONSERVATION EASEMENT UNDER THE ACE PROGRAM WHEREAS, the County has received an offer to sell a conservation easement under the ACE Program from the owner of the following property: Martin Violette/Margaret Nash TM 71, Parcel 43 40.160 acres $58,800.00 (Greenwood) and; WHEREAS, the owner offered to sell a conservation easement on the specified property to the County for a fixed purchase price, subject to terms and conditions set forth in the proposed deed of easement enclosed with the County’s invitation to offer to sell, subject to any further revisions deemed necessary by the County Attorney and agreed to by the owner. NOW, THEREFORE BE IT RESOLVED that the Albemarle County Board of Supervisors hereby accepts the offer to sell a conservation easement for the property described above and authorizes the County Executive to execute all documents necessary for completing the acquisition. BE IT FURTHER RESOLVED that the Albemarle County Board of Supervisors hereby directs the County Attorney to send a copy of this resolution to the owner of the property identified herein, or her contact person. I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by vote of ___ to ___, as recorded below, at a meeting held on _________________________. Return to exec summary COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ACE; Virginia Department of Agriculture and Consumer Services grant for easement acquisition SUBJECT/PROPOSAL/REQUEST: Authorize the County Executive to execute an Inter- governmental Agreement with Virginia Department of Agriculture and Consumer Services STAFF CONTACT(S): Messrs. Foley, Elliott, Davis, Herrick, Cilimberg, and Goodall LEGAL REVIEW: Yes AGENDA DATE: February 1, 2012 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: No REVIEWED BY: BACKGROUND: The Virginia Department of Agriculture and Consumer Services’ (“VDACS”), Office of Farmland Preservation, has awarded a grant in the amount of $110,952.46 to the County under a program established by the 2007 General Assembly to provide funds for the preservation of working farms and forest lands. The County was awarded similar grants of $55,290.31 in 2011, $93,932.19 in 2010, $49,900.00 in 2009 and $403,219.75 in 2008. The 2011 General Assembly appropriated $1.2 million for this grant program statewide, and Albemarle County is one of 13 localities to receive a grant this year, and one of only eight to receive the full amount requested. DISCUSSION: VDACS has requested that the County enter into an Intergovernmental Agreement (the “Agreement”) (Attachment A) as a condition for receiving this grant. While the County has yet to identify the specific easement(s) to which it would apply these funds, it intends to apply them toward the acquisition of the next qualifying easement. This should come from the most recent pool of four (4) applicants who submitted applications on October 31, 2011. This grant will remain available to (partially) reimburse any qualifying purchase for up to two years from the date of the Agreement. The key provisions of the Agreement are summarized below. 1. The Agreement would obligate VDACS to set aside the grant amount in a restricted account and reimburse the County for its eligible costs for the purchase of conservation easement(s). The County’s funds would be restricted exclusively for the County’s qualifying costs for a period of up to two years. 2. The Agreement also would restrict conversion or diversion of a subject property from open-space use, unless the conversion or diversion satisfied the requirements of the Open Space Land Act. Conversion or diversion of land is permitted under the Open-Space Land Act in limited circumstances upon the concurrence of the County and the Public Recreational Facilities Authority and upon the placement of substitute land of equal or greater value and quality under an open-space easement. The Agreement would entitle VDACS to reimbursement of its pro rata share of the market value of the easement if conversion or diversion ever occurred. 3. In exchange for the state’s grant commitment, the Agreement would obligate the County to:  appropriate matching funds equal to the grant amount for the purchase of a subject easement,  apply the grant funds to the purchase of the easement,  provide VDACS with annual progress reports (while the grant Agreement is in force) describing the County’s efforts to obtain easements on other working farms, and its programs for public outreach, stewardship and monitoring, and measuring the effectiveness of the County’s efforts to bring working farms under easement. AGENDA TITLE: ACE; Virginia Department of Agriculture and Consumer Services grant for easement acquisition February 1, 2012 Page 2  maintain sufficient title insurance for the subject easement(s), which is already a standard County practice,  allow VDACS the opportunity to review easement instruments and the title insurance policy prior to closing,  receive copies of the recorded easement instrument after closing,  provide notice to VDACS if the County receives an application to convert or divert a subject easement from its permitted easement uses, and  enforce the terms and conditions of the deed of easement. Staff has reviewed the terms of this year’s proposed Intergovernmental Agreement between VDACS and the County and finds its terms acceptable. BUDGET IMPACT: The County’s execution of the Intergovernmental Agreement would allow the County to receive $110,952.46 in state funding to apply to the ACE program. In order for the County to receive these funds, it must appropriate matching funds of $110,952.46. That local match is available through funds previously appropriated for ACE by the Board. RECOMMENDATIONS: Staff recommends that the Board authorize the County Executive to execute the Agreement (Attachment A) on behalf of the County, provided that it is first approved as to form and content by the County Attorney. ATTACHMENTS: A – VDACS Agreement Return to consent agenda Return to regular agenda The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 1st day of February 2012, adopted the following resolution: R E S O L U T I O N WHEREAS, the street(s) in Foothill Crossing Subdivision, as described on the attached Additions Form AM-4.3 dated February 1, 2012, fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the street(s) meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transportation to add the street(s) in Foothill Crossing, as described on the attached Additions Form AM-4.3 dated February 1, 2012, to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as described, exclusive of any necessary easements for cuts, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. * * * * * The road(s) described on Additions Form AM-4.3 is: 1) Park Ridge Drive (State Route 1250) from 0.02 miles south of Route 1326 to 0.064 miles south to the end of state maintenance, as shown on plat recorded in the office the Clerk of Circuit Court of Albemarle County in Deed Book 3854, pages 716-724, with a 60-foot right-of-way width, for a length of 0.06 miles. 2) Raven Stone Road (State Route 1329) from the intersection of Park Ridge Drive east (Route 1250) to the end of the cul-de-sac, as shown on plat recorded in the office the Clerk of Circuit Court of Albemarle County in Deed Book 3854, pages 716-724, with a 51-foot right-of-way width, for a length of 0.10 miles. 3) Raven Stone Road (State Route 1328) from the intersection of Park Ridge Drive west (Route 1250) to the end of the cul-de-sac, as shown on plat recorded in the office the Clerk of Circuit Court of Albemarle County in Deed Book 3854, pages 716-724, with a 60-foot right-of-way width, for a length of 0.10 miles. Total Mileage – 0.26 Return to consent agenda Return to regular agenda Resolution to Oppose Devolution of Costs for Core Government Services Whereas, the Albemarle County Board of Supervisors joins the efforts of the Commonwealth’s counties in encouraging the 2012 General Assembly to continue the state and local partnership funding of core government services; and Whereas, the Albemarle County Board of Supervisors understands that program devolution is the shifting of state responsibilities to local governments. Counties have experienced first-hand the shift in funding for local programs and are already saddled with additional responsibilities in providing services for foster care children, police, line of duty costs and maintenance of local libraries ; and Whereas, core local services that include public education, police, fire and social services are services that must be funded through the state and local partnership. “Passing the buck” to localities only perpetuates increases in real estate and business taxes; and Whereas, for several years, localities have been mandated to give back to the Commonwealth funding that was designed to support these local programs. Last year, local governments had to write checks or receive reduced reimbursements from the state for $60 million under a program known as “Aid to Localities.” Governor McDonnell has chosen to “chip” away at this annual local contribution by reducing the yearly required payment by $10 million in his introduced budget; and Whereas, the state originally introduced this reduction to balance the state budget, but a s the economy improves and state revenue increases, our state leaders must promptly eliminate this funding reduction and sustain local services; NOW THEREFORE BE IT RESOLVED, that localities and the Commonwealth continue their partnership and provide core government functions without shifting or shirking responsibilities ; and BE IT FURTHER RESOLVED, in order to address the mandates and financial responsibilities which have been shifted to localities, that our state elected officials act to ensure local ities have the tools to fund our core services, provide county governments with the equal taxing authority of cities and towns and immediately begin a process to initiate tax reform for state and local government. I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of ____to____, as recorded below, at a regular meeting held on __________. Return to consent agenda Return to regular agenda COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: FY 2012 2nd Quarter Cash and Non-Cash Proffer Report SUBJECT/PROPOSAL/REQUEST: Report on cash proffer revenue, expenditures and non- cash proffers for October-December 2011 STAFF CONTACT(S): Messrs. Foley, Elliot, Davis, Graham, and Higgins; and Ms. McCulley and Ms. Ragsdale LEGAL REVIEW: Yes AGENDA DATE: February 1, 2012 ACTION: INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: X ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: In 2007, the Board directed staff to provide a quarterly report on the status of cash proffers. Since that time, the report has been expanded to also include updates on non-cash proffers that benefit the County and mitigate impacts of development. This report includes proffer activity (both cash and non-cash improvements) for the months of October through December 2011 (FY 2012 2nd quarter). The next quarterly proffer report will be on the Board’s May 2, 2012 agenda. DISCUSSION: Cash Proffers October 2011-December 2011 (2nd Quarter Fiscal Year 2012) A. Proffered: There were no rezoning requests approved this quarter that provided new cash proffers. B. Total Obligated Cash Proffers: The total obligated cash proffers is $40,502,008. This total reflects annual adjustments to anticipated proffer revenue not received yet obligated from proffers in which annual adjustments were proffered. C. Revenue: The County received a total of $122,739 from existing cash proffers during this quarter from the following developments: Development Amount Intended Purpose Old Trail $7,000 Parks and Schools in Crozet Wickham Pond $9,677 CIP Projects serving Crozet Belvedere $7,500 Affordable Housing Poplar Glen II $77,800 CIP and Affordable Housing Hollymead Town Center $4,762 CIP for Hollymead Westhall $16,000 Eastern Avenue and CIP projects in Crozet D. Expenditures: There were no appropriations of cash proffers during this quarter. E. Current Available Funds: As of December 31, 2011, the available cash proffer fund balance is $1,475,548 (including interest earnings on proffer revenue received). Some of these funds were proffered for specific projects while others may be used for general projects within the CIP. (See Attachment A) Non Cash Proffers-Proffered There were three rezonings approved by the Board this quarter. ZMA 2010-09 Republic Capital was approved to amend proffers to reduce buffer requirements and height limitations, and to provide for a future road interconnection. ZMA 2010-10 Peter Jefferson Overlook was approved to amend an application plan and proffers to allow offices in a Planned Residential District. Amended proffers provide for the construction of a sidewalk, the extension of a right turn lane along Route 250, the preservation of landscape features, and the adherence to the Monticello Viewshed Design Guidelines. ZMA 2011-01 Fontana Trails was approved to amend proffers to eliminate obligations to build sections of trails and other revisions associated with the trails plan in Fontana. Non-Cash Proffers-Received During this quarter, the County received a significant greenway proffer. A two-mile section consisting of approximately 44 acres adjacent to the Rivanna River was dedicated to the County on November 14, 2011. This greenway was AGENDA TITLE: FY 2012 2nd Quarter Cash and Non-Cash Proffer Report February 1, 2012 Page 2 initially proffered with less acreage as part of the first Glenmore re-zoning in 1990, and was revised in a subsequent 2007 rezoning to include 44 acres. This greenway dedication provides a key section and linkage identified on the Greenways Plan for the Rivanna River corridor. W ith this dedication, acquisition of the planned trail from Darden Towe Park to Fluvanna County is approximately 76% complete. BUDGET IMPACT: Cash proffers are a valuable source of revenue that supplements the funding of important County projects that would otherwise be funded through general tax revenue. In addition, non-cash proffers provide improvements that might otherwise need to be funded by general tax revenue. With the elimination of positions in Community Development, a full time position is no longer devoted to proffers; instead, approximately one-half of a zoning planner’s time is devoted to managing this program. While there have not been as many proffered rezonings approved recently, staff is still responsible for tracking existing proffers for previously approved rezonings, including Old Trail Village, Belvedere, and more recently, The Shoppes at Stonefield (Albemarle Place). RECOMMENDATIONS: This summary is provided for information on proffer activity and no action is required. ATTACHMENTS Attachment A-Cash Proffer Summary Return to consent agenda Return to regular agenda PROFFER SUMMARYAs of December 31, 2011FUND # PROFFER NAME ZMA #'STOTAL ANTICIPATED REVENUE*TOTAL FUNDS RECEIVEDTOTAL INTEREST EARNINGS*TRANSFER OF FUNDS TO CIP/OTHERCURRENT AVAILABLE FUNDS HOW FUNDS MAY BE USED8534 AVON PARK 2004-0359,00059,000 5,711 064,711Pedestrian Improvements in Neighborhood 48536 BELVEDERE STATION 2004-07400,25087,500 823 088,323Affordable housing8520GLENMORE1999-16893,000752,000129,927-875,3646,563School CIP to expand Stone Robinson or to schools; Other CIP projects.8521 GLENMORE** 1999-16569,000328,700 56,327 -375,00010,026Road Improvements on Richmond Rd. b/w Louisa Rd. and Glenmore 8523GRAYROCK1997-1262,50062,50013,278075,778Improvements to Rt. 691 (Jarmans Gap Rd.)8527HOLLYMEAD AREA C2001-20210,000169,5245,180-112,44262,26129N Traffic Study and CIP for HOLLYMEAD8528 HOLLYMEAD AREA D 2002-02481,000481,000 23,857 -473,71231,14429N Traffic Study and CIP projects8545HOLLYMEAD TOWN CENTER A1*2005-15609,000109,000559-28,50781,051Route 29 traffic study, Transit, and Greenway connection8529MJH @ PETER JEFFERSON PLACE*2001-15367,718419,14510,3140429,458Improvements at I-64 Interchange/Rt. 250 and Transit service8538 NORTH POINTE 2000-09460,000400,000 28,811 -400,00028,81129N transportation study and Affordable housing8537 OLD TRAIL VILLAGE 2004-242,328,00092,000 1,870 -50,00042,032Parks and Schools in Crozet8546POPLAR GLEN II2005-14155,6001210155,721Affordable Housing and CIP projects PROFFER FUNDS-CURRENT AVAILABLE1/25/20128546POPLAR GLEN II2005-14155,6001210155,721Affordable Housing and CIP projects 8533 STILLFRIED LANE 2003-1278,00078,000 6,336 084,336Affordable housing8525 UVA RESEARCH PARK 1995-0478,71878,718 900 -79,500118Expended on Airport Rd. Project8535 WESTERN RIDGE 2001-025,0005,159 857 -5,0001,017Stop light at Western Ridge/Rt. 2408540 WICKHAM POND 2004-17345,162182,945 4,034 -59,161127,817CIP projects in Crozet8541 WESTHALL (1.1) 2006-01123,00063,000 2,824 065,824Future Eastern Avenue in Crozet8542 WESTHALL (1.2) 2006-01 21,000 916 -7,00014,916CIP projects in Crozet8543 WESTHALL (3.3) 2006-01 3,000 166 03,166Pedestrian bridge for greenway8544 LIBERTY HALL 05-5 & 07-14137,600102,400 193 0102,593CIP projects in Crozet 8530 ALBEMARLE PLACE 2001-072,610,000100,000 3,666 -103,6660Rt. 29 Regional Transportation Study8526 AVEMORE 2000-1050,00050,000 1,286 -51,2860Traffic Signal at intersection Rt. 20/Fontana Drive8539 GREENBRIER 2000-069,3349,334 82 -9,4160Drainage facilities downstream from property.8532 HOLLYMEAD AREA B 2001-1950,00050,000 1,522 -51,5220Rt. 29 Regional Transportation Study8524SPRINGRIDGE1998-13100,000100,0002,215-102,2150Traffic calming; road improvements and other CIP projects in HollymeadPROFFER FUNDS EXPENDED8524 SPRINGRIDGE 1998-13100,000100,000 2,215 -102,2150Traffic calming; road improvements and other CIP projects in Hollymead8522 STILL MEADOWS 1997-01135,000135,000 17,221 -152,2210Schools in Hollymead AVON PARK II* 2007-05437,6460 0 00CIP projectsBLUE RIDGE CO-HOUSING* 2007-12306,9210 0 00CIP projects in CrozetCASCADIA 2002-04405,0000 0 00Schools and CIP projects serving PantopsFONTANA PHASE 4C* 2004-18740,4920 0 00Affordable Housing and CIP projects HADEN PLACE 2005-0782,5000 0 00Transporation in CIP for CrozetHOLLYMEAD TOWN CENTER A2*2007-0116,055,7580 0 00Berkmar Drive Ext. and Recreational FacilitiesLEAKE* 2006-162,281,7430 0 00CIP projects 0Affordable Housing LIVENGOOD* 2006-15929,8730 0 00Affordable Housing and CIP projects NGIC EXPANSION* 2007-031,264,8000 0 00CIP projectsPATTERSON SUBDIVISION* 2007-11138,1250 0 00CIP projectsOAKLEIGH FARM*2007-041,602,7550000CIP projectsPROFFER FUNDS NOT YET RECEIVEDOAKLEIGH FARM*2007-041,602,7550000CIP projectsRIVANNA VILLAGE @ GLENMORE*2001-081,122,8030 0 00Schools and Transportation projects serving Village of RivannaWICKHAM POND II 2005-18405,0000 0 00CIP projects in Crozet WILLOW GLEN* 2006-192,907,8000 0 00CIP projectsAVINITY-revenue anticipated2006-05 1,340,010 0 0 00CIP projects in Neighborhoods 4 & 5313,5000Affordable Housing8531 ECKERD PHARMACY 2003-03 6,000 0 0 00Upgrade traffic signal at Rolkin/Rt. 250. TOTAL40,502,008 3,970,785 318,995 -2,937,851 1,475,548*Anticipated revenue includes annual adjustments (as of 9/30) for those cash proffers with proffered adjustments. *Interest earnings through 9/30/11.1/25/2012 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: FY12 Second Quarter Financial Report SUBJECT/PROPOSAL/REQUEST: Second Quarter Financial Report for the six months ending December 31, 2011 STAFF CONTACT(S): Messrs. Foley, Letteri, Davis, and Walters, and Ms. Burrell LEGAL REVIEW: Yes AGENDA DATE: February 01, 2012 ACTION: INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: X ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The attached Financial Report provides information on the County’s General Fund operations and Fund Balance as of December 31, 2011. The financial report includes a bar chart that compares current fiscal year revenue and expenditure data with data from the previous fiscal year. CORE VALUES: Stewardship – We honor our role as stewards of the public trust by managing our natural, human and financial resources respectfully and responsibility. DISCUSSION: ($ in Millions) A. Attachment A: General Fund Financial Report: a. Revenues: Revenues, excluding Transfers and Fund Balance Appropriations , are estimated to total $213.571 million, $0.618 million (0.3%) more than Budget at fiscal year-end. Combined with the use of $2.690 million in transfers from other funds and $0.714 million in fund balance, Revenues, Transfers, and Use of Fund Balance are estimated total $216.975 million, $0.604 million (0.3%) more than Budget. Recent economic data reflects a continued volatile economy which often leads to conflicting implications. December job growth increased 200,000 yet 44% of the new jobs are of the low-paying variety. December jobless claims spiked at 399,000 yet many of the claims resulted from seasonal employment. Retai l sales finished strong for 2011 yet December sales fell 0.1%. November credit increased significantly resulting in strong November sales yet the real reasons behind the increase have been attributed to a lack of real income growth and higher prices for necessities which have caused consumers to reduce saving and take on more debt. Wholesale prices have been growing more than twice as fast as consumer prices over the last two years leading to future cost of living increases as prices start to catch up to cost. The US trade gap widened in November as exports declined and imports rose. The impact of slowdowns in China and Europe is evident. Economists expect net exports to exert a modest drag on US growth. Government spending remains a significant drag on economic expansion. The economy is in for a continued bumpy ride over the short-term but is projected to grow by 2.1% in 2012. Following is a brief revenue analysis for the FY12 fiscal year:  Real Estate Tax revenues are projected to be $1.221 million (-1.1%) less than Budget. The FY12 Budget was based on a negative 0.50% reassessment rate for both the 2011 and 2012 tax years. The final 2011 reassessment rate was a negative 1.24%. As of December 31, 2011, the 2012 reassessment rate was estimated to be approximately negative 2.40%; more recent estimates based on additional analysis suggests that the final rate will be closer to negative 2.90%. A reassessment year is equivalent to a calendar year. Its effects are realized over two consecutive fiscal years with the 1st half in one fiscal year and the 2nd half in the next fiscal year. A 1.0% change in the reassessment rate is equivalent to $1.269 million in real estate tax revenues for the 2012 tax year. If an equalized tax rate is adopted, any potentia l short fall in 2012 will be mitigated or eliminated. AGENDA TITLE: FY12 Second Quarter Financial Report February 1, 2012 Page 2  Personal Property Tax revenues are estimated to be $0.228 (-1.2%) less than Budget. New car sales have just started to improve due to postponed demand and improved economic conditions but not quite at the rate anticipated during the Budget preparation process.  Delinquent Property Taxes & Fees are estimated to exceed Budget by $1.444 million (53.2%). Significant revenues from 2009 real estate tax sales were released this fiscal year after a mandatory two year holdback period expired. The Department of Finance has developed and is in the process of implementing a plan to assertively collect delinquent taxes.  Sales Tax revenues are estimated to be $0.300 million (-2.5%) less than Budget. The economic recovery is slowly materializing but at less than the anticipated rate of growth. Taxpayers continue to be cautious but have begun to slightly increase discretionary spending as the economy improves. We believe that significant revenues are lost to internet purchases and consumer purchases in adjacent localities. The auditor has substantially completed his analysis of current and prior sales tax accounts for proper jurisdictio nal allocation. He will continue to monitor new business registrations and tax allocations as he shifts his emphasis to ensuring compliance with commercial licensing and property tax assessments.  Utility Tax revenues are estimated to be $0.623 million, (6.6%) less than Budget. The decrease is attributed to unusual moderate weather conditions and less usage by businesses impacted by the economic slowdown.  Food and Beverage Tax revenues are estimated to exceed Budget by $0.550 million (10.2%). Consumers are beginning to visit and eat out more often at restaurants as they continue to minimize other types of discretionary spending.  Other Local Tax revenues are estimated to exceed Budget by $0.461 million (4.6%) primarily due to increased Clerk fees resulting from increased refinancing activity and fees as well as additional equipment investments by Public Service Corporations.  Other Local Revenues are estimated to exceed Budget by $0.474 million (9.2%) due to greater than anticipated development fees, traffic enforcement fines, and recovered maintenance fees.  Revenue categories with variances of less than $0.100 million from Budget have not been analyzed for this report. b. Expenditures: General Fund expenditures, including transfers, are expected to total $215.861 million at fiscal year-end, a 0.2% savings of $0.51 million from Budget. i. Departmental expenditures are expected to total $79.791 million, a 1.4% savings of $1.143 million from Budget: The savings are allocated by functional categories as follows:  Administration expenditures are expected to total $10.427 million, a 1.5% savings of $0.163 million from Budget.  Judicial expenditures are expected to total $3.851 million, a 0.6% savings of $0.024 million from Budget  Public Safety expenditures are expected to total $30.228 million, a 1.5% savings of $0.470 million from Budget.  Public Works expenditures are expected to total $4.264 million, a 2.9% savings of $0.127 million from Budget.  Human Services expenditures are expected to total $18.807 million, a 1.3% savings of $0.244 million from Budget.  Parks and Culture expenditures are expected to total $6.192 million, a 0.7% savings of $0.045 million from Budget. AGENDA TITLE: FY12 Second Quarter Financial Report February 1, 2012 Page 3  Community Development expenditures are expected to total $6.022 million, a 1.2% savings of $0.071 million from Budget. ii. Non-Department expenditures consisting of the revenue sharing payment, reserves, and refunds are expected to total $19.755 million, a 2.3% savings of $0.459 million. iii. Transfers are expected to total $116.315 million, a tentative 0.9% overage of $1.092 million:  Transfer to the School Division is expected to be $97.246 million.  Transfers to the Capital and Debt funds are expected to total $19.069 million, a projected increase of $1.092 million. This increase reflects the amount of debt service funding that was not expended in FY 11 as the County was able to delay the issuance of debt. These funds are anticipated to be re-appropriated for the Capital Program in FY 12. c. Revenues less Expenditures: This report projects that the fiscal year will end with $1.114 million of revenues in excess of expenditures. Revenues and related transfers are projected to exceed Budget by $0.604 million. Expenditures and related transfers are expected to produce $0.51 million in savings. B. Attachment B: General Fund Budget Comparison Report: The chart report tracks changes in revenues and expenditures over time. Revenues:  Personal Property Tax, Business License Tax, Food and Beverage Tax, Other Local Taxes, Other Local Revenues, Federal Revenue, and Transfers show positive growth over FY11.  Real Estate, Sales Tax, Utility Tax, State Revenue, and Use of Fund Balance show decreases from FY11. Expenditures:  All categories show anticipated increases over FY11.  No categories show anticipated decreases from FY11. C. Attachment C: Fund Balance Report: The report indicates that the County:  Has an Audited FY11 Undesignated Fund Balance of $31.856 million,  Appropriated $0.714 million for Budgeted FY12 Initiatives and Reappropriations,  Has a remaining June 30, 2011 Fund Balance of $31.142 million,  Anticipates a $1.092 million CIP transfer for the delayed FY11 debt issuance,  Has a Proposed June 30, 2011 Fund Balance of $30.050 million,  Has a Policy required reserve of $23.652 million,  Has a Proposed additional Policy reserve of $2.628 million, and  Has Proposed Policy June 30, 2011 available funds of $3.770 million. The $23.652 million Policy reserve consists of the 8.0% net General Government and School Operating Budget requirement and the 1.0% Revenue Stabilization reserve established by the Board of Supervisors as part of the FY12 Budget process. Based on the recommendations of our Financial Advisors, staff is proposing an additional 2.628 million (1%) reserve increasing the total Policy reserve to $26.280. With this adjustment, the June 30, 2011 available Fund Balance would be $3.770 million. D. Budget Impact: This Financial Report is based on audited FY11 financial data and six months of financial data for FY12. The revenue estimates are significant since December tax collections have been realized. Staff has utilized these figures as the basis for the FY13 Budget. AGENDA TITLE: FY12 Second Quarter Financial Report February 1, 2012 Page 4 RECOMMENDATION: This report has been prepared for your information. No action is required. ATTACHMENTS; A – Preliminary General Fund End-of-Year Financial Report B – Preliminary General Fund Budget Comparison Report C – Preliminary General Fund Balance Report Return to consent agenda Return to regular agenda Attachment A FY 10/11 Full Year Actual (1) 12/31/10 YTD Actual YTD Actual as % of Full Year 07/01/11 Adopted (2) 12/31/11 Appropriations % Of Total 12/31/11 YTD Actual YTD Actual as % of Appropriations Revenue Estimate (3) $ Variances Est-Approp Variances as % of Appropriations Revenues: Real Estate Taxes, Current $111.235 $53.399 48.0%$111.396 $111.396 51.5%$55.185 49.5%$110.175 ($1.221)-1.1% Personal Property Taxes, Current 19.073 9.365 49.1%19.628 19.628 9.1%9.754 49.7%19.400 (0.228)-1.2% Delinquent Property Taxes & Fees 3.686 1.577 42.8%2.712 2.712 1.3%2.250 83.0%4.156 1.444 53.3% Sales Taxes 12.716 4.324 34.0%12.000 12.000 5.5%4.030 33.6%11.700 (0.300)-2.5% Business Licenses 9.502 0.324 3.4%9.613 9.613 4.4%0.495 5.2%9.687 0.073 0.8% Utility Taxes 8.978 3.117 34.7%9.381 9.381 4.3%3.003 32.0%8.759 (0.623)-6.6% Food and Beverage Taxes 5.737 2.075 36.2%5.400 5.400 2.5%2.409 44.6%5.950 0.550 10.2% Other Local Taxes 9.933 3.998 40.2%10.001 10.001 4.6%3.266 32.7%10.462 0.461 4.6% Other Local Revenue 6.232 2.349 37.7%5.124 5.124 2.4%2.523 49.2%5.598 0.474 9.2% State Revenue 23.087 12.053 52.2%22.952 22.952 10.6%11.669 50.8%22.943 (0.009)0.0% Federal Revenue 4.596 2.156 46.9%4.674 4.745 2.2%2.236 47.1%4.742 (0.003)-0.1% Total Revenues 214.774 94.738 44.1%212.881 212.953 98.4%96.819 45.5%213.571 0.618 0.3% Transfers: Use of Other Funds 2.021 0.068 3.4%2.701 2.705 1.2%0.069 2.5%2.690 (0.015)-0.5% Use of Fund Balance 2.899 0.403 13.9%0.000 0.714 0.3%0.357 50.0%0.714 0.000 0.0% Subtotal Transfers 4.920 0.472 9.6%2.701 3.419 1.6%0.426 12.5%3.404 (0.015)-0.4% Total $219.695 $95.210 43.3%$215.582 $216.371 100.0%$97.245 44.9%$216.975 0.604 0.3% FY 10/11 Full Year Actual (1) 12/31/10 YTD Actual YTD Actual as % of Full Year 07/01/11 Adopted (2) 12/31/11 Appropriations % Of Total 12/31/11 YTD Actual YTD Actual as % of Appropriations Expenditure Estimate (3) $ Variances Est-Approp Variances as % of Appropriations Expenditures: Administration $9.913 $5.098 51.4%$10.555 $10.590 4.9%$5.055 47.7%$10.427 -$0.163 -1.5% Judicial 3.779 1.864 49.3%3.851 3.875 1.8%1.930 49.8%3.851 -$0.024 -0.6% Public Safety 28.824 14.339 49.7%30.548 30.698 14.2%15.350 50.0%30.228 -$0.470 -1.5% Public Works 3.993 2.375 59.5%4.391 4.391 2.0%2.716 61.8%4.264 -$0.127 -2.9% Human Services 17.787 7.381 41.5%18.992 19.050 8.8%7.409 38.9%18.807 -$0.244 -1.3% Parks, Rec. & Culture 6.174 3.144 50.9%6.237 6.237 2.9%3.059 49.1%6.192 -$0.045 -0.7% Community Development 6.093 2.984 49.0%6.018 6.093 2.8%2.946 48.3%6.022 -$0.071 -1.2% Subtotal Operations 76.563 37.186 48.6%80.593 80.934 37.4%38.464 47.5%79.791 -$1.143 -1.4% Non-Dept (revenue share; reserves; refunds)19.155 0.088 0.5%19.925 20.215 9.3%0.402 2.0%19.755 -$0.459 -2.3% Transfers: Transfer to School Division 96.058 48.029 50.0%97.246 97.246 44.9%48.623 50.0%97.246 $0.000 0.0% Transfers to Capital, Debt, and Other Funds 17.816 12.318 69.1%17.818 17.977 8.3%12.143 67.5%19.069 $1.092 6.1% Subtotal Transfers 113.874 60.347 53.0%115.064 115.223 53.3%60.766 52.7%116.315 $1.092 0.9% Total $209.593 $97.621 46.6%$215.582 $216.371 100.0%$99.632 46.0%$215.861 -$0.510 -0.2% 7/1/11 > 12/31/11 = 50% of year Projected FY12 Revenues in Excess of Expenditures $1.114 (1) Full Year FY11 Transacctions (2) July 01, 2011 Adopted General Fund FY12 Budget Policy June 30, 2011 Available Fund Balance $3.770 (3) Estimate as of January 31, 2011 Projected June 30, 2012 Available Funds $4.883 Current FY 11/12 Current FY 11/12 County of Albemarle General Fund Financial Report Year-To-Date for the Six Months Ended December 31, 2011 ($ in millions) Revenues with black variances are positive, red variances in ( ) are shortfalls.Expenditures with red variances in ( ) are positive, black variances are over expenditures Attachment B County of Albemarle General Fund Budget Comparison Report Year-to-Date for the Six Months Ended December 31, 2011 ($ in millions) - 5.0 10.0 15.0 20.0 25.0 30.0 35.0 Administration Judicial Public Safety Public Works Human Services Parks, Rec & Culture Community Development Non- departmental Non-School Transfers $ in millions Expenditures 10/11 Actual July 1 Adopted 11/12 Appropriations 11/12 Estimate - 20.0 40.0 60.0 80.0 100.0 120.0 Real Estate Tax Personal Property Tax Sales Tax Business Licenses Utility Tax Food_Beverage Tax Other Local & Delinq Taxes Other Local Revenues State Revenues Federal Revenues Transfers Other Funds Fund Balance $ in millions Revenues 10/11 Actual July 1 Adopted 11/12 Appropriations 11/12 Estimate 95.4 95.6 95.8 96.0 96.2 96.4 96.6 96.8 97.0 97.2 97.4 1 $ in millions Transfer to School Division Attachment C June 30, 2011 Unaudited Fund Balance - December 07, 2011 31.872 Auditor Adjustments -0.016 June 30, 2011 Audited Fund Balance - December 07, 2011 31.856 Less FY12 Appropriations Approved to Date: Budgeted FY12 Local Government Initiatives (approved in budget process)0.000 General Fund Reappropriations 0.385 Sheriff Contribution reappropriated 0.006 Economic Opportunity Fund 0.150 Grant Leveraging Fund 0.100 Victim Witness Grant Adjustment -0.002 Housing Community Development Loan Fund Reappropriations 0.075 Total Approved FY12 Appropriations 0.714 June 30, 2011 Fund Balance Available 31.142 Less Proposed FY12 Commitments: CIP transfer anticipated for delayed debt issuance 1.092 Total Proposed FY12 Commitments 1.092 Proposed June 30, 2011 Available Fund Balance 30.050 Less Policy Reserves: Fund Balance Reserve - 8% net Government and School FY12 Operating Budgets 21.024 Stabilization Reserve - 1% net Government and School FY12 Operating Budgets 2.628 Total Policy Reserves 23.652 Less Proposed Reserve: Proposed staff recommendation of 1% additional reserve 2.628 Total Proposed Policy Reserves 26.280 Proposed Policy June 30, 2011 Available Fund Balance $3.770 Audited General Fund Balance Report Year-to-Date for the Six Months Ended December 31, 2011 County of Albemarle ($ in millions) COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Grant Application Report SUBJECT/PROPOSAL/REQUEST: Summary of grant applications submitted and grants received in January 2012 STAFF CONTACT(S): Messrs. Foley, Elliott, Davis, and White LEGAL REVIEW: Yes AGENDA DATE: February 8, 2012 ACTION: INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: X ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: Pursuant to the County’s Grants Policy and associated procedures, staff is to provide periodic reports to the Board on the County’s application for and use of grants. DISCUSSION: The attached information provides a brief description of two grants received and one application submitted by the County in January 2012. Grant funds that have been awarded will proceed through the appropriation process, as will any future funding received on pending applications. BUDGET IMPACT: The budget impact is noted in the summary of each grant. RECOMMENDATIONS: This report is for information only. ATTACHMENTS Grant Report Return to consent agenda Return to regular agenda DCJS – One-time Equipment Grant Applicant Department/Agency – OAR Local Program – Technology Improvements Amount Awarded - $4,599 Local Match - $511 from OAR Receipt of this grant does not require future commitment from the County or any funding from the County. Since these are federal funds, standard certifications and assurances will be required from the County which is acting as the fiscal agent for the grant. Virginia Department of Agriculture & Consumer Services Applicant Department/Agency – Community Development Local Program – Acquisition of Conservation Easements Amount Awarded - $110,952.46 This program has a 1:1 match requirement. Funding is only awarded if the locality has verified that sufficient funding is appropriated for the local match at the time of application. Payment is received after closing and submission of proof of purchase. Planned Use of Grant Funds Purchase of one or more conservation easements under the ACE Program. Receipt of funds does not require any future commitment from the County once easements are acquired. Use of Grant Funds: Purchase and installation of two automated touch screen check-in kiosks to improve office efficiency and provide improved service to clients. Virginia Department of Housing and Community Development Applicant Department/Agency – Housing Local Program – Orchard Acres Housing Rehabilitation Planning Grant Amount Requested - $30,000 Local Matching - None Planned Use: To complete a housing and community needs assessment in the Orchard Acres Subdivision in Crozet in partnership with the Albemarle Housing Improvement Program. DHCD offered the County an opportunity to apply for the grant after the submission of a letter of interest and preliminary assessment data. The completing assessment could lead to a grant application being submitted in March 2012 for project funding. Receipt of the grant will not require future commitments from the County. Return to exec summary COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Keswick Lake (formerly Clifton Lake) – Request to amend the Albemarle County Service Authority Jurisdictional Area for a “water service only” designation (ACSA201100107) SUBJECT/PROPOSAL/REQUEST: Request for public hearing to amend the Albemarle County Service Authority Jurisdictional Area Boundary to provide water service to Tax Map 79, Parcel 23 and Tax Map 79C, Parcel 1 located approximately 2,100 feet southwest of the intersection of Rt. 250 and Shadwell Road. STAFF CONTACT(S): Messrs. Foley, Elliott, Davis, and Benish LEGAL REVIEW: Yes AGENDA DATE: February 1, 2011 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The applicant is requesting Albemarle County Service Authority (“ACSA”) Jurisdictional Area designation for public water to serve a proposed 39-lot Planned Residential Development (PRD) approved by the Board of Supervisors on January 18, 1978 (ZMA 77-24) (see Attachment A). The PRD is located south of the Shadwell Estates Subdivision and east of Clifton Inn (see Attachment B). The site is designated Rural Area in the County’s Comprehensive Plan and is located in the Scottsville Magisterial District. The original development proposal called for the use of a central water system to provide water service to all of the proposed lots except two, which were to be served by private wells. The Board’s 1978 rezoning approval included Condition #9, which states: “Final subdivision approval will be subject to the County Engineer’s Office approval of central water systems.” The applicant is now requesting public water service in lieu of a central water system or use of individual wells. Use of a central water system would require both the County Engineer’s and the Board’s approval. To date, the applicant has not submitted a central water system proposal to the County for review and approval. In the immediate area, Clifton Inn is in the ACSA Jurisdictional Area for Water Only to Existing Structures while Stone Robinson Elementary School is in the Jurisdictional Area for Water Only. Service was provided to the Clifton Inn because of a documented health and safety issue involving groundwater quantity, consistent with the County’s policies for extending water/sewer service to the designated Rural Areas. The designation does not permit service to any new structure on this parcel. On October 13, 2010, the Board approved an amendment to the ACSA Jurisdictional Area to allow public sewer service to the Whittington PRD located on Old Lynchburg Road. Like Clifton Lake, Whittington is a property zoned PRD in Rural Areas. While this similarity exists, staff opinion is that there are important distinctions between the Clifton Lake request and the Whittington request: -W hittington is located immediately adjacent to Urban Area 5 and to existing similarly scaled developments (Mosby Mountain). The Board’s decision was based on the rationale that this area, including existing and approved developments along Old Lynchburg Road, would likely be included in the designated Development Area with the update of the Comprehensive Plan, making it eligible in the near future for water and sewer service under the County’s utility policies. While the Clifton Lake subdivision abuts the Rivanna Village, expansion of the Rivanna Village was considered during the recently adopted Rivanna Village Master Plan (adopted 5/12/10) and was rejected during that Master Plan development process. -When the Rivanna Village Master Plan was originally adopted as a new Development Area in the Comprehensive Plan, the Board directed that the water line to the Rivanna Village only serve (and be sized to serve) the designated Rivanna Village and the Stone Robinson Elementary School. -The Whittington development was already designated in the ACSA Jurisdictional Area for water service when the sewer service designation was added. The Clifton Lake subdivision is not designated for public water or sewer service. -Providing sewer service to 90 lots, averaging approximately 40,000 square feet in size, in the Whittington PRD avoided the necessity for 90 individual septic systems, which would have created the potential for more undesirable and significant environmental impacts in the long term. The use of a central water system or individual wells on 39 lots in the Clifton PRD would not have significant environmental impacts. AGENDA TITLE: Keswick Lake (formerly Clifton Lake) – Request to amend the Albemarle County Service Authority Jurisdictional Area for a “water service only” designation (ACSA201100107) February 1, 2012 Page 2 It is also important to note that the applicant made substantially the same request for ACSA Jurisdictional Area amendment request for water service in 2010. The Board unanimously denied that request at its meeting on December 1, 2010. DISCUSSION: The Comprehensive Plan provides the following recommendations concerning the provision of public water and sewer service:  “General Principle: Urban Areas, Communities, and Villages are to be served by public water and sewer (p. 114).”  “Provide water and sewer service only to areas within the ACSA Jurisdictional Areas (p. 130).”  “Follow the boundaries of the designated Development Areas in delineating Jurisdictional Areas (p.130).”  “Only allow changes in the Jurisdictional Areas outside of the designated Development Areas in cases where the property is: 1) adjacent to existing lines; and 2) public health and/or safety is in danger (p. 130).” By policy, water and sewer services are intended to serve the designated Development Areas where growth is encouraged and are to be discouraged in the Rural Areas because utility services are a potential catalyst for growth. W ater supply and system capacities need to be efficiently and effectively used and reserved to serve the Development Areas. Continued connection of properties in the Rural Areas to the public system results in further extension of lines from the fringe of the existing Jurisdictional Area into the Rural Areas, potentially straining water resources and capacity to serve higher priority needs. There are no lots developed or platted on the subject parcels (only preliminary plat approval has been obtained to date) and there are otherwise no documented public health or safety issues regarding these parcels. Therefore, designating these parcels as part of the ACSA Jurisdictional Area for public water service would not be consistent with County policy. If there were to be any future documented health or safety issue with water quality or quantity in Clifton Lake, under the County’s utility policies, a water service designation could be further considered at that time. The prior zoning action in 1978 required the use of a central water system to serve most of the development. No proposal for a central water system has been submitted to the County by the applicant for review and approval; therefore there is no evidence that a central system cannot safely and appropriately serve the development. While current Comprehensive Plan policies also discourage the use of central systems in the Rural Areas except in cases where there is a health and safety issue, use of a central water system would be consistent with the existing PRD zoning of the property approved by the Board in 1978. If this Jurisdictional Area amendment is approved, before the development could proceed with a public system, a determination will need to be made as to whether a zoning map amendment would be necessary to remove the central water system requirement imposed by the 1978 conditions of approval. BUDGET IMPACT: The property owner would bear all of the costs for connection to public water service. RECOMMENDATIONS: This request is not consistent with the principles, objectives, and strategies of the Comprehensive Plan for the provision of public water service. The applicant has provided no information that public health and safety is endangered if public water is not provided. Condition #9 of ZMA 77-24 requires the use a central water system. No proposal for a central water system has been submitted by the applicant for review and approval; therefore, there is no evidence that a central system cannot safely and appropriately serve the development. Based on this information, staff does not recommend approval of this request and recommends that the Board not proceed to public hearing. ATTACHMENTS A – Applicant’s Request B – Location Map and Jurisdictional Area Designations Return to agenda GIS-Web Geographic Data Services www.albemarle.org (434) 296-5832 Tax Map Grid Overview Roads Primary Roads Secondary Roads Overview Roads - City Road Bridges Railroad Bridges Road Centerlines Road Centerlines - City Roads Roads - City Railroads Buildings Buildings - City Driveways Parcels Lakes and Reservoirs Ponds Major Streams Other Streams ACSA Jurisdictional Areas No Service Water Only Water and Sewer Water Only To Existing Structures Limited Service City Water and Sewer Albemarle Boundary Charlottesville Boundary Scottsville Boundary ATTACHMENT B -- LOCATION MAP AND ACSA JURISDICTIONAL AREA DESIGNATIONS 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 November 18, 2010 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Board of Supervisors FY 12/13 – FY16/17 Strategic Plan SUBJECT/PROPOSAL/REQUEST: Review of the development of the Board of Supervisors FY 12/13 – FY 16/17 Strategic Plan, and approval of the Plan’s seventh goal and draft objectives. STAFF CONTACT(S): Messrs Foley, Elliott, Letteri, and Davis, and Ms. Catlin and Ms. Allshouse LEGAL REVIEW: Yes AGENDA DATE: February 1, 2012 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: No REVIEWED BY: BACKGROUND: The Board of Supervisors has formally engaged in the County’s strategic planning efforts since 2001. The County’s FY07– FY10 Strategic Plan, in which the Board directed staff to focus on enhancing the County’s quality of life, protecting its natural resour ces, managing growth, developing infrastructure, and creating a long-range, comprehensive funding strategy formally ended on June 30, 2010. The on-going work to achieve those goals and objectives continues to be incorporated into the County’s regular opera tions. Last year, the County made adjustments to its strategic planning processes and time schedule to be more agile and to best position the County to address challenges created by difficult economic times. Based on the Board’s guidance, the County developed a more succinct two-year strategic action plan to focus Board and staff efforts on the County’s most immediate and critical needs. Work on the five goals identified by that strategic action plan continues through FY 11/12. Earlier this year, the Board concurred with staff’s recommendation to return to the County’s previous long-range strategic planning format beginning in FY 12/13. The Board provided direction and guidance for the development of the FY 12/13 – FY 16/17 Strategic Plan during a strategic planning session held on June 30, 2011. Based on the results of that session, the Board approved a Vision Statement and six goals for inclusion in the FY 12/13 – FY 16/17 Strategic Plan at the October 5, 2011 meeting. DISCUSSION: At its June 30th strategic planning session, the Board reaffirmed the County’s mission and values and prioritized the County’s top strategic focus areas for the next five years and asked staff to bring back a draft vision statement and draft goal statements based on the guidance provided. At the October 5, 2011 meeting, the Board approved the vision statement and six goals. Staff also discussed the fact that County’s FY 12/13 -- FY 16/17 Strategic Plan will be more comprehensive than past plans. While the Plan will continue to focus on setting broad community priorities as informed and directed by the Board (“external component”), it will also focus on the organization’s internal high performance efforts based on feedback and direction provided by both the Board and staff (“internal component”). To that end, County staff has also been developing an “internally-focused” goal for the organization. That goal has now been drafted and will be presented to the Board along with four objectives as part of this discussion. The draft goal, which is Goal #7 in the Goal Statements list below, includes the two areas of emphasis identified by the Board at the Retreat: Assuring excellent customer service and increased efforts to support and recognize staff. Objectives for two of the goals, #5 and #6, are still being developed due to the breadth and complexity of the topics and the need to engage a significant number of stakeholders in the process. Objectives for these two goals will be presented for discussion and approval at the March 7, 2012 Board of Supervisors meeting. Vision Statement: A thriving County, anchored by a strong economy and excellent education system that honors its rural heritage, scenic beauty and natural and historic resources while fostering attractive and vibrant communities. Mission Statement: To enhance the well-being and quality of life for all citizens through the provision of the highest level of public service consistent with the prudent use of public funds. Values: Integrity, Innovation, Stewardship and Learning AGENDA TITLE: Board of Supervisors FY 12/13 – FY16/17 Strategic Plan February 1, 2012 Page 2 Goal Statements and Draft Objectives: 1. Provide community facilities that meet existing and future needs a. Improve the evaluation practices and procedures used to assess the community’s facility needs. b. Increase the capacity of the Capital Program. c. Identify and implement appropriate alternative construction project procurement methods (design/build, CM Agency, Job Order Contracting, PPEA, etc.) to reduce costs and improve project execution 2. Encourage a diverse and vibrant local economy a. Complete all objectives of last two years of the Economic Vitality Action Plan. b. Establish fully functioning economic development program for the County. c. Assess and implement appropriate incentive options to support economic development in the County. 3. Protect the County’s natural, scenic and historic resources a. Work in conjunction with the TJPDC and RRBC to reduce nutrients and sediment discharges into local waterways in conformance with Chesapeake Bay TMDL regulations. b. Preserve and maintain the quality of the County’s investment in its conservation easements and recreational trail and greenway/blueway system. c. Maintain and preserve County-owned historic resources and facilities and work in conjunction with key stakeholders to enhance awareness of the rich historic assets of this region. 4. Promote citizen ownership of community challenges a. Increase County’s volunteer management capability. b. Increase awareness of and access to resources that assist citizens in community problem -solving. c. Increase opportunities for meaningful citizen involvement in resolving community issues. 5. Ensure the health and safety of the community a. [These objectives are still being developed due to the complexity of issues and broad range of stakeholders that need to be involved in the process.] 6. Provide excellent educational opportunities to all Albemarle County residents a. [These objectives are still being developed du e to the complexity of issues and broad range of stakeholders that need to be involved in the process.] 7. Promote a valued and responsive County workforce that ensures excellent customer service a. Demonstrate improvements to internal and external customer serv ice. b. Reinforce a culture of using cross departmental efforts to improve communications and teamwork for cost effective solutions. c. Expand opportunities for training and professional development. d. Assure staff is supported and recognized for excellence in service. After the Board’s approval of all the Goal Statements and objectives which should occur in March, staff will develop action plans for each goal, while continuing efforts to complete the work outlined in the County’s current two year strategic action plan. Implementation of the Plan will begin on July 1, 2012, and the Board of Supervisors will receive regular reporting on the progress of the Plan through a variety of methods:  Twice a year updates, in July and January, to be presented at Board of Supervisors meetings.  Regular updating of key performance indicators, or KPIs, that can be viewed by Board members and the public at any time on our website at the following link: www.albemarle.org/performance.  References in executive summaries that will connect Board agenda items to the Strategic Plan goal/objective they support.  Annual Report to Citizens published in February of each year that gives a summary of annual progress. BUDGET IMPACT: The FY 12/13 – FY 16/17 Strategic Action Plan will provide direction for the County’s Five-Year Financial Plan and annual budget processes. RECOMMENDATIONS: After any changes the Board feels are important, staff recommends that the Board approve Goal #7 and objectives for the six Goal Statements provided above for inclusion in the FY 12/13 – FY 16/17 Strategic Plan. Return to agenda COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: FY 2010-2011 Comprehensive Annual Financial Report (CAFR) SUBJECT/PROPOSAL/REQUEST: Acceptance of the FY 2010-2011 CAFR STAFF CONTACT(S): Messrs. Foley, Letteri, and Davis, and Ms. Burrell LEGAL REVIEW: Yes AGENDA DATE: February 1, 2012 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: Every year the Board of Supervisors is presented a Comprehensive Annual Financial Report (CAFR) for its review and acceptance. DISCUSSION: Attached for the Board’s review is the recently completed FY 2010-2011 CAFR. As in previous years, the Report contains a detailed accounting of the County’s financial operations for the 2010-2011 fiscal year. Highlights of the Report include:  The Transmittal Letter to the Board of Supervisors and the Citizens of Albemarle County (pages vii – xiii) that provides a summary of the County’s geographic, demographic, economic, and financial features. It also includes a discussion of current and future County initiatives.  The Independent Auditor’s Report (pages 1 – 2) that notes that the financial statements are “in conformity with accounting principles generally accepted in the United States of America”.  The Management’s Discussion and Analysis (pages 3 – 14) that provides a summary of the County’s financial activity for the fiscal year, including tables and graphs that accompany the summaries. The remainder of the Report includes detailed information about the County’s financial activity for the fiscal year, statistical tables providing historical economic and demographic information, and the outside auditor’s Compliance Report. The Report will be presented to the County’s Audit Committee at its meeting on January 27, 2012 by Mr. David Hughes of the County’s outside auditing firm of Robinson, Farmer, Cox Associates. Staff will advise the Board at its February 1, 2012 meeting whether the Committee recommends acceptance of the Report. In addition, Mr. Hughes will be at the Board meeting to address any questions from the Board. RECOMMENDATIONS: Staff recommends that the Board accept the FY 2010-2011 Comprehensive Annual Financial Report. ATTACHMENTS FY 2010-2011 Comprehensive Annual Financial Report (on file in Clerk’s Office) Return to agenda COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Wireless Policy/Regulations Update SUBJECT/PROPOSAL/REQUEST: Discussion on the status of potential updates to the County’s Wireless Policy and Regulations STAFF CONTACT(S): Messrs. Foley, Elliott, Davis, Graham and Fritz LEGAL REVIEW: Yes AGENDA DATE: February 1, 2012 ACTION: INFORMATION: X CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: No REVIEWED BY: BACKGROUND: On December 7, 2011 the Board appropriated $12,000 to retain a consultant to assist the County in updating its Wireless Policy/Regulations and to investigate mechanisms to encourage the deployment of broadband access throughout the County. The Board also directed staff to work with industry representatives to discuss possible related ordinance amendments. DISCUSSION: Since the Board meeting, staff has confirmed that the consultant’s work will be considered Professional Services and that no RFP is required. The Board requested that the consultant perform the following scope of work as outlined in Option 2 of the presentation made to the Board on December 7, 2011: 1. Describe how technology is changing deployment. 2. Describe any Court decisions that are influencing the regulation of deployment and why. 3. Describe the FCC notices, programs and policy initiatives that may impact regulation of deployment and why. 4. Describe how changes in wireless will impact regulation of deployment. 5. Specifically describe how Albemarle County’s policy should change and list those sections of the County Code that need to be revised on the basis of technology, court cases and the recent FCC rulings. In addition to the above, the Board wants to determine how the County can encourage broadband deployment into areas of the County not currently served. Staff interpreted this deployment to be wireless broadband which may be met by either licensed or unlicensed providers. Staff has contacted the firm of Kreines and Kreines who assisted the County in the development of the existing Wireless Policy. The County is negotiating with Kreines and Kreines to define the deliverables and to include the added analysis desired by the Board. The Board also directed staff to review the existing related County Code provisions with industry representatives to determine if any helpful minor changes could be made quickly. Staff has scheduled a meeting with industry representatives for January 20 and has begun to review the existing County Code provisions to determine if any changes in submittal criteria or process could be made without significantly affecting the quality of review. Once changes are identified, staff will present a resolution of intent to initiate those changes to the Board. BUDGET IMPACT: The Board has appropriated $12,000 for this project. RECOMMENDATIONS: This item is being provided as an update for the Board’s information. Once a contract has been finalized with this firm, staff will inform the Board of a schedule and major milestones for this project. Return to agenda COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Biscuit Run – Southwood Land Swap SUBJECT/PROPOSAL/REQUEST: Information on potential issues related to the proposed exchange of property located in the Biscuit Run Park and the Southwood Mobile Home Park between the Commonwealth and the Habitat for Humanity STAFF CONTACT(S): Messrs. Foley, Elliott, Davis, Kamptner, Graham, and Cilimberg LEGAL REVIEW: Yes AGENDA DATE: February 1, 2012 ACTION: INFORMATION: X CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: At its January 4, 2012 meeting, the Board approved a resolution of support for the General Assembly to approve legislation that would authorize the Virginia Department of Conservation and Recreation (DCR) to negotiate a swap of property located in the future Biscuit Run Park and the Southwood Mobile Home Park between the Commonwealth and the Habitat for Humanity (“Habitat”). As discussed at that meeting, the property swap would give the future Biscuit Run Park two additional stream valleys to improve the environmental integrity of the Biscuit Run stream within the park and would give Habitat an otherwise isolated section of the current parkland that is located north of the stream. This is shown by Habitat on the attached graphic provided by Charlottesville Tomorrow (Attachment A). The land transferred to Habitat would then be available for future development and would potentially provide land to be used for County athletic fields. All proposed development by Habitat would be subject to compliance with existing zoning or appropriate rezoning of the properties. DISCUSSION: This discussion is centered on three issues. The first issue to consider is what is needed for DCR and Habitat to successfully complete the proposed property swap. The second issue to consider, assuming the property swap is successful, is what could be done with the property under its current zoning and the potential for changing the use of the property. The third issue to consider is the potential for some part of the exchanged property to become County athletic fields. Factors Relevant to the Land Swap The portion of the land currently owned by the Commonwealth is under an open-space easement (the “DCR land”). The portion of the DCR land that would be used by Habitat for future development would have to be converted or diverted (“diverted”) from open space land use, which may be accomplished under Virginia Code § 10.1-1704 only if DCR determines:  The DCR land proposed to be diverted from open space land use is “essential to the orderly development and growth of” the County “in accordance with the official comprehensive plan” of the County in effect at the time of conversion or diversion; and  The Habitat land proposed to be substituted for the diverted DCR land is: (1) of at least equal fair market value to the DCR land; (2) of greater value as permanent open-space land than the DCR land; and (3) of as nearly as feasible equivalent usefulness and location for use as permanent open-space land as the DCR land. DCR also will have to assure that the Habitat land substituted for the DCR land will be subject to the provisions of the Open-Space Land Act. Any portion of the DCR land swapped with Habitat that is used for park or recreational purposes could remain under the open-space easement, because those uses are permitted open-space uses under Virginia Code § 10.1-1700. The deed between the former owners of the Biscuit Run development and DCR expressly provides that the DCR lands be used for open-space and outdoor recreational purposes. AGENDA TITLE: Biscuit Run – Southwood Land Swap February 1, 2012 Page 2 Development Potential Assuming the property exchange is successfully completed, Habitat’s acquired property would have allowed uses as provided for Block 15 of the Biscuit Run Planned Development, pursuant to the approved Application Plan, Code of Development, and Proffers (Attachments C, D, & E). Block 15 is allowed to have up to 258 single family dwellings (including attached single family, duplexes, triplexes, and quadruplexes), but is not allowed to have townhouses or multi-family housing. (Attachment E, page 14) The approved zoning does not place any requirement on the property to provide the athletic fields as proposed in Attachment B. Staff notes the following proffers may make it difficult to develop the exchanged property under its current zoning:  Proffer 1 – requires a greenway master plan and construction of a park and trails within Block 15  Proffer 6 – requires a contribution of $150,000 for traffic management  Proffer 7 – requires a contribution of $1 Million for transit improvements  Proffer 15 – requires a contribution of $4,946.70 per dwelling for capital improvements  Proffer 16 – requires a contribution of $588.24 per dwelling for Old Lynchburg Road improvements Recognizing the constraints under the current zoning and Habitat’s expressed interest in redevelopment of the adjoining Southwood property, it is reasonable to expect this property to be subject to a request to be rezoned before being developed. A rezoning of this property would provide the potential to create a development plan and proffers that would be more in keeping with Habitat’s interest. Short of Habitat gifting the athletic field area to the County, Habitat may see a proffer related to the athletic fields as a way of addressing potential development impacts in a way that benefits both the County and Habitat. In considering a rezoning of this property, the following issues will need to be addressed:  Is the proposed use consistent with the County’s Comprehensive Plan? The current Comprehensive Plan calls for this area to be Neighborhood Development Residential with a density of 3-6 dwelling units per acre. Even if a significant portion of this property were used for athletic fields, the density desired by Habitat for its development may be much higher. Staff notes the Comprehensive Plan is currently under review and the density for this area may warrant change, particularly recognizing that the previously approved Biscuit Run Development is now planned for a state park and that Habitat is interested in changes to the Southwood Mobile Home Park.  Who will need to sign this application? A rezoning of this property would remove it from the Biscuit Run Planned Development. The other property owners of the Biscuit Run development (DCR, Breeden) may be found to have an interest in this zoning change, meaning they would also need to be an applicant to this zoning change. Currently the Breeden property remains subject to the Biscuit Run planned development zoning and proffers. There is not enough information to make specific zoning determinations at this time. The best time to consider the questions will be when the property owner has a proposal that allows the potential impacts to the other property owners to be evaluated. County Athletic Fields Parks and Recreation indicates there is an ongoing deficit of athletic fields in this part of the County and the proposed development could reduce that deficit. However, staff believes that the proposal, as shown on Attachment B, overstates the potential number of fields that may be constructed in this area. A more accurate estimate of the development potential would recognize the County’s interest in protecting environmentally sensitive areas. With Attachments F and G, staff evaluated the proposed area for the County athletic fields compared to those environmental sensitive areas. Then, considering the necessary grading and stormwater management for the fields, staff evaluated how much of the remaining land could be graded flat enough for field use. As shown on Attachment G, the actual field area would be appreciably smaller than shown in the Attachment B graphic. Parks and Recreation staff has estimated that the following athletic fields, subject to minor adjustment of the park boundary, may be achievable:  1 full size field  1 U8 field  1 U10 field  90 parking spaces  Auxiliary Building and playground While this is one less U10 and one less U12 field than shown on the Habitat exhibit, staff believes this would still provide a significant contribution to the County’s athletic field needs. Finally, this analysis formation is too coarse to develop a reliable cost estimate for grading; but, it appears the athletic fields could be constructed with onsite materials (a balanced cut and fill), which significantly reduces the development cost. AGENDA TITLE: Biscuit Run – Southwood Land Swap February 1, 2012 Page 3 BUDGET IMPACT: There is insufficient information at this time to evaluate what the development and operational costs for the proposed athletic fields would be. However, if the land swap is successful and the County develops the athletic fields, staff believes the cost of the athletic fields would be comparable to other fields. There is currently no programmed funding for these fields in the CIP. Prioritizing new fields would be based on needs and available funding, as determined by the Board. RECOMMENDATIONS: This executive summary is provided for information. Because the Board has already adopted a resolution of support, it appears the County’s role is minimal until such time as the General Assembly adopts a bill authorizing the DCR to negotiate the land swap, the property transfer is completed and Habitat (or some other owner of this property) is ready to proceed with development. Based on staffs’ conversations with Habitat representatives, it appears it will be several years before Habitat is in a position to proceed with development plans. ATTACHMENTS A – Proposed Biscuit Run / Habitat land exchanged B – Possible redevelopment C – Biscuit Run Application Plan D – Biscuit Run Approval Letter, Proffers, and Attachments E – Biscuit Run Code of Development F - Exchanged Land with Protected Stream Buffer and Critical Slopes Shown G- Estimated Ball Field Area without Disturbing Stream Buffer and Critical Slopes Return to agenda Attachment A – Biscuit Run / Habitat Proposed Land Exchange – 6 acres + 7 acres from Habitat to DCR (brown) ; 7 acres from DCR to Habitat (grey) Map provided courtesy of Charlottesville Tomorrow Return to exec summary Attachment B – Biscuit Run / Habitat Possible Development for Land Swap Area Map provided courtesy of Charlottesville Tomorrow Return to exec summary J COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road North Wing Charlottesville Virginia 22902 4596 Fax 434 972 4012 Phone 434 296 5832 September 21 2007 i Steve Blaine c o LeClair Ryan 123 E Main Street 8th Floor Charlottesville VA 22902 j RE ZMA 2005 00017 Biscuit Run Signs 52 56 63 TAX MAP PARCEL 0 5 90 60 portion 90 170 9QA 3 90A1 1 90 H1E 90A 1A and 90A 1 B v Dear Mr Blaine The Board of Supervisors approved your rezoning application on September 12 2007 Your rezoning of approximately 828 acres from R 1 Residential 1 unit acre and R 2 Residential 2 units acre Districts to NMD Neighborhood Model District which allows residential 3 34 units acre mixed with commercial service and industrial uses was approved in accordance with the Code of Development dated August 31 2007 and the attached proffers dated September 10 2007 An application plan plan of development dated August 31 2007 was approved as part of the rezoning Please refer to these documents for any future applications and requests on this property In addition the Board approved your requested waivers Waiver for parking and loading study and Waiver for lot layout Please be advised that although the Albemarle County Board of Supervisors took action on the project noted above no uses on the property as approved above may lawfully begin until all applicable approvals have been received and conditions have been met This includes compliance with applicable PROFFERS compliance with requirements of the CODE OF DEVELOPMENT compliance with conditions of aSPECIALUSEPERMITapprovalofandcompliancewithSITPLANSandSUBDIVISIONPLATSandapprovalofaZONINGCOMPLIANCECLEARANCEIfyouhavequestionsorcommentsregardingtheabovenotedactionpleasedonothesitatetocontactSherriProctorat2965832Sincerelyo PROFFER STATEMENT BISCUIT RUN Date January 3 2006 last revised September 4 2007 ZMA ZMA 2005 017 Biscuit Run formerly known as Fox Ridge Tax Map Parcel Numbers 90 5 90 6D portion 90 17D 90A 3 90A1 1 90A1 1E 90A 1A and 90A 1 B The Property described with more particularity on plat of Thomas B Lincoln Land Surveyor Inc dated April 17 2007 Revised May 29 2007 entitled Map Showing Area to be Rezoned Tax Map 90 Parcels 5 and 17D Tax Map 90A Parcels lA 1B and 3 Tax Map 90A1 Parcels 1 and IE and a Portion of Tax Map 90 Parcel 6D Property Belonging to Forest Lodge LLC Lying Between State Routes 20 and 631 Scottsville District Albemarle County Virginia comprising approximately 827 5 acres and also described in the records of the County of Albemarle as Tax Map Parcel Numbers 90 5 90 6D portion 90 17D 90A 3 90A1 1 90A1 IE 90A 1A and 90A 1B the Property is subject to rezoning application ZMA 2005 017 and to this Proffer Statement The Owners of the Property are Forest Lodge LLC a Virginia limited liability company Elizabeth Breeden and Biscuit Run LLC a Virginia limited liability company their successors and assigns collectively the Owner The Owner hereby voluntarily proffers that if the Albemarle County Board of Supervisors acts to rezone the Property from the R1 and R2 Districts to the Neighborhood Model District as requested the Owner shall develop the Property in accord with the following proffered development conditions each a Proffer and collectively the Proffers which the Owner acknowledges are reasonable pursuant to Section 15 2 2303 of the Code of Virginia 1950 as amended and pursuant to Section 33 3 of the Albemarle County Zoning Ordinance If rezoning application ZMA 2005 017 is denied these proffers shall immediately be null and void and of no force and effect This Proffer Statement shall relate to the General Development Plan entitled Biscuit Run Neighborhood Model District General Development Plan for a Zoning Map Amendment ZMA 2005 017 prepared by Collins Engineering containing 10 sheets dated September 26 2005 last revised August 31 2007 the GDP and to the Biscuit Run Neighborhood Model District Code of Development dated August 31 2007 the COD As used throughout these Proffers the following capitalized terms shall have the following meanings Design StandardsManualshallrefertotheAlbemarleCountyDesignStandardsManualasamendedfromtimetotimeOwnersAssociationshallrefercollectivelytooneormoreresponsiblepropertyownersassociationstobecreatedbytheOwnerforthepurposeofinteraliamaintainingcommonareaswithinBiscuitRunPage1of20AttachmentD Proffer Statement cant d ZMA 2005 017 Biscuit Run January 3 2006 last revised September 4 2007 Neighborhoods 4 and 5 shall refer to Neighborhoods 4 and 5 as depicted on the Albemarle County Virginia Land Use Plan Map 0 2015 Land Use Plan Adopted June 1996 Amended October 2001 Phase of Development or Phase shall have the meaning set forth on p 47 of the COD Under no circumstances shall the recordation of subdivision plats creating an approximately five acre parcel containing the existing Breeden residence and an approximately 31 acre parcel containing the curtilage of the Breeden residence and the immediately adjacent acreage in Block II the Breeden Land be deemed to commence a Phase or to trigger the obligations of any Proffer hereunder Any further subdivision of the Breeden Land shall be subject to compliance with these Proffers First Residential Building Permit shall mean the building permit issued for the first residential dwelling unit within the Property excluding however any building permit for a dwelling located within the Breeden Land I Greenwav Dedication and Parks The Owner shall provide the following greenway trails parks green space and district park A Greenway Trail Upon the request of Albemarle County the County but not earlier than the County s approval of a master plan for the Greenway the Owner shall dedicate to the County for public use either in fee simple or at the County s option as one or more easements no less than One Hundred Twenty 120 acres in greenway area as shown on Sheet 5 of the GDP the Greenway subject to necessary easements for completion of the Owner s construction and maintenance obligations under this Proffer IA Before the date of issuance of the First Residential Building Permit the Owner shall prepare at the Owner s sole expense and submit for approval a master plan for the Greenway to the County s Parks and Recreation Department identifying the improvements to be constructed by the Owner within the Greenway which shall include at minimum a path constructed in accordance with the Detail for Trailway Design and the notes on Sheet 5 of the GDP and reasonable and necessary foot bridges boardwalks signage benches and pet waste disposal stations the Greenway Master Plan Before the building permit for the first dwelling in any Phase containing any portion of the Greenway is issued the Owner shall design construct and install a trail and associated improvements on the portion of the Greenway located within such Phase in substantial accordance with the Greenway Master Plan all at the Owner s sole expense The Owner may with the express written consent of the County s Parks and Recreation Department maintain in accordance with the standards set forth in the Greenway Master Plan any portion of the Greenway that has been previously dedicated to public use If the Greenway is dedicated by one or more subdivision plats each such subdivision plat shall depict the Greenway and bear a notation that the Greenway is dedicated for pubfic use If at the time the County requests dedication of the Greenway any part of the Greenway has not been dedicated by subdivision plat the Owner shall pay the costs of surveying theGreenwaypreparingoneormoreplatsthereofandpreparingandrecordingoneormoredeedsofdedicationPage2of20 Proffer Statement cont d ZMA 2005 017 Biscuit Run January 3 2006 last revised September 4 2007 B Off Site Extension of Greenwav Trail Upon the County s approval of construction drawings for the improvements described in this Proffer 1 B but not earlier than the date of issuance of the First Residential Building Permit the Owner shall construct an extension of the trail described in Proffer lA from the northern boundary of the Property along Biscuit Run Creek to Interstate 64 in the general location shown on Sheet 4A of the GDP as Off Site Trailways the Extension Trail The Extension Trail shall be constructed to the same standards described in the Greenway Master Plan The Owner s obligations under this Proffer 1 B shall be contingent on the provision without cost to the Owner of adequate right of way and easements as necessary for the Extension Trail to be constructed and maintained provided however that the Owner shall cooperate with the County to obtain without cost to the Owner such right of way and easements Notwithstanding the foregoing the Owner may at its sole option exercised at any time satisfy this Proffer IB by paying to the County the cost of construction of the Extension Trail up to a maximum of One Hundred Thousand Dollars 100 000 00 in lieu of constructing the Extension Trail In the event the Owner has not previously elected to provide cash in lieu of construction and right of way and easements for the Extension Trail have not been provided within ten 10 years after the date of issuance of the First Residential Building Permit then at such time the Owner shall provide a cash contribution to the County in the amount of One Hundred Thousand Dollars 100 000 00 for use toward funding parks and recreation improvements located within the boundaries of Neighborhoods 4 and 5 which contribution shall fully satisfy this Proffer IB C Perimeter Trail The Owner shall construct a perimeter trail throughout the Property in general accord with the location depicted on Sheet 5 of the GDP as Trail way the Perimeter Trail in accordance with the terms of this Proffer 1 C Before the building permit for the first dwelling in any Phase coritaining any portion of the Perimeter Trail is issued the Owner shall design construct install and dedicate to the Owners Association the portion of the Perimeter Trail located within such Phase including any portion of the Perimeter Trail located immediately outside such Phase and connecting to another Phase in substantial accordance with the minimum standards provided for a Class B type 1 primitive nature trail in Section 7H of the Design Standards Manual The Perimeter Trail shall be maintained by the Owners Association D Parks The Owner shall provide not less than forty three 43 acres in parks open to the public throughout the Property in general accord with the locations shown on Sheet 5 of the GDP as Parks each a Park and collectively the Parks Each Park shall be designed and constructed in conjunction with the approval of any final subdivision plat or site plan for lots that are adjacent to such Park For the purposes of this Proffer ID the term adjacent shall refer to land located within the Property abutting or immediately across the street or road from a Park as shown on the final subdivision plat or site plan of such land The construction of each Park shall be substantially completed as conclusively evidenced by the installation of all landscaping and amenities or the posting of a bond or other surety for the installation of such landscaping and amenities in an amount determined to be appropriate by the County s Subdivision Agent and in a form determined to be acceptable by the County Attorney Parks shall be dedicated to andmaintainedbytheOwnersAssociationTheOwnershallpaythecostsofsubdividingandconveyingtheParkstotheOwnersAssociationPage3of20 Proffer Statement coned ZMA 2005 017 Biscuit Run January 3 2006 last revised September 4 2007 E Other Green Space The Owner shall provide other green space on the Property in the locations shown on Sheet 5 of the GDP as Buffers and Passive Recreation Areas Each portion of the Buffers and Passive Recreation Areas shall be conveyed to the Owners Association in conjunction with the approval of any final subdivision plat or site plan for lots that are adjacent to such Buffers or Passive Recreation Areas For the purposes of this Proffer IE the term adjacent shall refer to land located within the Property abutting or immediately across the street or road from any Buffers or Passive Recreation Areas as shown on the final subdivision plat of such land The conveyance of each portion of the Buffers or Passive Recreation Areas shall be completed prior to the issuance of building permits for eighty percent 80 of the adjacent residential lots Buffers and Passive Recreation Areas shall be dedicated to and maintained by the Owners Association The Owner shall pay the costs of subdividing and conveying the Buffers and Passive Recreation Areas to the Owners Association F District Park The Owner shall provide a district park the District Park adjacent to the Property as follows I Dedication of Land Upon the request of the County but in no event earlier than five 5 years after issuance of the First Residential Building Permit the Owner shall dedicate to the County or its designee by General Warranty Deed without consideration fee simple marketable title to land for a public park of not less than Four Hundred Two 402 acres identified on Sheet 3 of the GDP as Proposed District Park 402 6 AC The Owner shall concurrently dedicate such right of way for road and utility service to the District Park as reasonably determined to be appropriate by the County Engineer The Owner shall also be responsible for constructing roads to the District Park boundary in accordance with Proffer IF 3 The Owner shall pay the costs of subdividing and dedicating the District Park to the County 2 Cash Contribution Upon the request of the County but in no event earlier than five 5 years after issuance of the First Residential Building Permit the Owner shall make a cash contribution to the County in the amount of Two Hundred Thousand Dollars 200 000 00 for the purpose of funding a master plan for the District Park the Park Master Plan If the Park Master Plan is completed for less than Two Hundred Thousand Dollars 200 000 00 any remaining funds may be retained by the County and used to fund parks and recreation projects facilities and improvements within the District Park If such cash contribution is not expended for the Park Master Plan within ten 10 years after the date of the contribution then all unexpended funds may be used toward funding parks and recreation improvements located within the boundaries of Neighborhoods 4 and 5 3 Roadrrrail Link The Owner shall design and construct a link between the Mill Creek South neighborhood and the District Park consisting of i a trail over the right of way described in Proffer 6D built to the standard set forth on Sheet 5 ofthe GDP ii a trail that continues southward from the trail described in subsection i to the northern boundary of the District Park built to the standard of a Class B type I primitive nature trail as set forth in Section 7H of the Design Standards Manual the trails described in i and ii hereof collectively referred to as the Linking Trail and iiiaroadsegmentorsegmentswithinthePropertylinkingthesouthernendoftheMillCreekSouthConnectionRoadassuchtermisdefinedinPage4of20 Proffer Statement cont d ZMA 2005 017 Biscuit Run January 3 2006 last revised September 4 2007 Proffer 6D to the District Park including construction of a stream crossing permitting access to the District Park in the locations and to the standards including pedestrian and bicycle accommodations shown on Sheet 4 of the GDP the Linking Road The Linking Trail shall be constructed by the Owner prior to issuance of the building permit for the first dwelling within Phase A but not later than five 5 years after issuance of the First Residential Building Permit The Owner shall not be entitled to receive a building permit for any dwelling within Phase A nor the five hundredth 500t residential building permit within the Property until the portion of the Linking Road lying within Phase A is constructed bonded and ready to be recommended by the Albemarle County Board of Supervisors for acceptance into the public system and the County Engineer has determined that the roadway is safe and convenient for traffic Likewise the Owner shall not be entitled to receive a building permit for any dwelling within Phase D nor the five hundredth 500th residential building permit within the Property until the portion of the Linking Road lying within Phase D is constructed bonded and ready to be recommended by the Albemarle County Board of Supervisors for acceptance into the public system and the County Engineer has determined that the roadway is safe and convenient for traffic G Championship Field Upon the request of the County but not earlier than five 5 years after the date of issuance of the First Residential Building Permit the Owner shall dedicate to the County or its designee by General Warranty Deed without consideration fee simple marketable title to land for public playing fields consisting of no less than three 3 acres substantially in the location shown on Sheet 5 of the GDP as Championship Field The Owner shall pay the costs of subdividing and dedicating the Championship Field to the County H Cash Proffer for Stream Monitoring Station Upon the request of Albemarle County but not earlier than the date of issuance of the First Residential Building Permit the Owner shall contribute to the County or its designee cash in the amount of Thirty Thousand Dollars 30 000 00 for the purpose of defraying the cost of installing and maintaining a long term flow and sediment monitoring station within the Greenway as such term is defined in Proffer lA If such cash contribution is not expended for the purpose provided in this Proffer IH within ten 10 years after the date of the contribution then all unexpended funds may be usedtowardfunding parks and recreation improvements located within the boundaries of Neighborhoods 4 and 5 2 Affordable HousinS The Owner shall provide affordable housing as defined in this Proffer 2 equal to fifteen percent 15 of the total residential units constructed on the Property in the form of for sale condominiums and townhouses andlor for rent condominiums townhouses apartments and accessory units If the Owner elects at its sole option to provide affordable for sale single family detached units such units shall be applied toward the 15 requirement The Owner shall convey the responsibility of initially constructing and selling the affordable units to any subsequent owner or developer of the Property or any portion thereof and such subsequent owner s and or developer s shall succeed to the duties of the Owner under this Proffer 2 and the term Owner shall refer to such subsequent owner s and or developer s as applicable A For Sale Units At least forty percent 40ofthetotalaffordablehousingdwellingunitsprovidedtosatisfythisProffer2shallbeforsaleunitsprovidedthatsuchfortyPage5of20 Proffer Statement cont d ZMA 2005 0 17 Biscuit Run January 3 2006 last revised September 4 2007 percent 40 requirement shall apply to the Project as a whole and not to individual site plans and subdivision plats 1 Affordability Credit Thresholds For the purposes of this Proffer 2A affordable housing shall mean units affordable to households with incomes less than eighty percent 80 of the area median income as determined from time to time by the Albemarle County Office of Housing such that housing costs consisting of principal interest real estate taxes and homeowners insurance PITI do not exceed thirty percent 30 of the gross household income provided however that in no event shall the selling price for such affordable units be more than sixty five percent65 of the applicable Virginia Housing Development Authority VHDA maximum sales price loan limit for first time homebuyer programs at the beginning of the 180 day period referenced in Proffer 2A 2 hereof the VHDA Limit 2 Sale of Affordable Units All purchasers of the for sale affordable units shall be approved by the Albemarle County Housing Office or its designee the Housing Office At the proposed time of construction of any affordable unit the Owner shall provide the Housing Office a period of one hundred eighty 180 days to identify and approve an eligible purchaser for such affordable unit The 180 day qualification period shall commence upon written notice from the Owner to the Housing Office of the approximate date the unit is expected to receive a certificate of occupancy from the County the Notice Such Notice shall be given no more than ninety 90 days prior to the expected issuance of the certificate of occupancy and the 180 day approval period shall extend no less than ninety 90 days after the issuance of the certificate of occupancy Nothing in this Proffer 2 A 2 shall prohibit the Housing Office from providing the Owner with information on income eligibility sufficient for the Owner to identify eligible purchasers of affordable units for approval by the Housing Office If prior to the end of the 180 day qualification period i the Housing Office fails to approve a qualified purchaser or ii a qualified purchaser fails to execute a purchase contract for an affordable unit then in either case the Owner shall have the right to sell the unit without any restriction on sales price or income of the purchaser s and such unit shall be counted toward the satisfaction of this Proffer 2A This Proffer 2A shall apply only to the first sale of each of the for sale affordable units B For Rent Units No more than thirty percent 30 of the total affordable housing dwelling units provided to satisfy this Proffer 2 may be for rent apartments and no more than thirty percent 30 of the affordable housing dwelling units provided to satisfy this Proffer 2 may be accessory units provided in any case that such thirty percent 30 limits shall apply to the Project as a whole and not to individual site plans and subdivision plats For purposes of this Proffer 2B accessory units shall include without limitation Accessory Apartments as defined in Albemarle County Code 18 3 1 as regulated by the Albemarle County Code 18 5 1 34 and any unit within a two family dwelling as a two family dwelling is defined in the Virginia Uniform Statewide Building Code 1 Affordability Rental Rates For the purposes of this Proffer 2B affordable housing shall mean rental units for which the initial net rent doesnotexceedthethencurrentandapplicablemaximumnetrentrateforanaffordablehousingunitaspublishedbytheHousingOfficeprovidedthatineachsubsequentcalendaryearthemonthlynetrentforPage6of20 Proffer Statement cont d ZMA 2005 0 17 Biscuit Run January 3 2006 last revised September 4 2007 each for rent affordable unit may be increased up to three percent 3 For purposes of this Proffer 2B the term net rent means that the rent does not include tenant paid utility costs 2 Term The requirement that the rents for such for rent affordable units may not exceed the maximum rents established in this Proffer 2B shall apply for a period of ten 10 years following the date the certificate of occupancy is issued by Albemarle County for each for rent affordable unit or until the units are sold as low or moderate cost units qualifying as such under either the Virginia Housing Development Authority Farmers Home Administration or Housing and Urban Development Section 8 whichever comes first the Affordable Term 3 Conveyance of Interest All instruments conveying any interest in the for rent affordable units during the Affordable Term shall contain language reciting that such unit is subject to the terms of this Proffer 28 In addition all contracts pertaining to a conveyance of any for rent affordable unit or any part thereof during the Affordable Term shall contain a complete disclosure of the restrictions and controls established by this Proffer 2B At least thirty 30 days prior to the conveyance of any interest other than for the securing of a mortgage or deed of trust in any for rent affordable unit during the Affordable Term the then current owner shall notify the Albemarle County Chief of Housing in writing of the conveyance and provide the name address and telephone number of the potential grantee and state that the requirements of this Proffer 2B 3 have been satisfied 4 Reporting Rental Rates During the Affordable Term within thirty 30 days after the commencement of the lease term for each for rent affordable unit the Owner shall provide to the Housing Office a copy of the lease agreement for each such unit rented that shows the rental rate for such unit and the term of the lease In addition during the Affordable Term the Owner shall provide to Albemarle County if requested any reports copies of lease agreements or other data pertaining to rental rates as Albemarle County may reasonably require C Verification on Site Plans and Subdivision Plats Each subdivision plat and site plan for land within the Property except for subdivisions that either i do not create lots or units for individual residential occupancy but rather divide the Property into large tracts to be further subdivided and developed by another party or ii contain only for sale single family detached units unless theOwner elects to provide affordable single family detached units in such subdivision shall identify the lots and or units that will constitute affordable housing The total number of such lots or units designated for affordable units within each subdivision plat and site plan shall constitute a minimum of fifteen percent 15 of the lots and units in such suhdivision plat or site plan Notwithstanding the foregoing however up to an additional fifteen percent 15 affordable units on any site plan or subdivision plat which are in excess of the fifteen percent 15 minimum required may be banked or carried forward for credit on future site plans and subdivision plats D Phasing of Affordable Housing Units Before the Owner applies for a building permit for the 501 st 1 001 st 1 501 st 2 001 st 2 501 st and 3 001 st dwelling units on the Property each a MilestonetheOwnershallineachcasehaveofferedforsaleorrentasprovidedinProffers2Aand2Brespectivelyaminimumoffifty50affordablehousingunitssincethePage7of20 Proffer Statement cant d ZMA 2005 0 17 Biscuit Run January 3 2006 last revised September 4 2007 immediately previous Milestone if any was reached Building permits issued for dwellings within the Breeden Land shall not be included in the calculation of any Milestone 3 Learninl Center Site Within twenty four 24 months after request by the County but in no event earlier than five 5 years after the date of issuance of the First Residential Building Permit the Owner shall dedicate to the County or its designee by General Warranty Deed without consideration fee simple marketable title to a parcel of land for a public learning center or elementary school site of not less than twelve 12 acres abutting a publicly dedicated right of way as shown on Sheet 2 of the GDP and labeled Learning Center together with appropriate right of way for utility service to the Learning Center the Learning Center Site The Owner shall cause the Learning Center Site to be graded and compacted to a minimum of 95 compaction as measured by a standard Proctor test with suitable material for building construction as certified by a professional engineer or as otherwise approved by the County Engineer to establish a fully graded pad site to accommodate an elementary school The grading shall also comply with all other applicable County grading requirements and specifications so that it may be used as a public school site i e so that it is a pad ready school site as determined by the County Engineer The Owner may grade the Learning Center Site either in conjunction with construction of the Connector Road described in Proffer 6C below or at such later time as may be specified by the County The Owner shall prepare a subdivision plat or site plan for the Learning Center Site that shall reflect sidewalks at the perimeter of the Learning Center Site which shall be installed by the Owner within six 6 months after the County s request therefor but in no event earlier than five 5 years after the date of issuance of the First Residential Building Permit The Owner shall provide all utilities including without limitation water sewer natural gas electricity cable telephone and other communications to the boundary of the Learning Center Site and establish storm water management facilities on the Property for use by the Learning Center Site so that no permanent storm water management facilities will be required on the Learning Center Site The storm water management facilities shall be appropriately sized as reasonably determined by the County s program authority to accommodate storm water from the Learning Center Site at its full buildout Dedication of the Learning Center Site shall include easements across the Owner s land for access to and use of such storm water management facilities temporary easements as necessary for constructing the Learning Center and temporary easements necessary to allow storm water management facilities to be redesigned and enlarged if necessary to accommodate storm water from the Learning Center Site The Learning Center Site may be used as an elementary school site but if the County determines that the Learning Center Site will not be used as an elementary school site it shall be used by the County for educational or recreational purposes serving both the Biscuit Run community and the region which may include but is not limited to use as a community park in which case the Owner shall not be obligated to grade the site 4 Overlot Gradinl Plan The Owner shall submit with the application for each subdivision plat of lots for use as single family detached or single family attached dwellings on the Property an overlot grading plan meeting the requirements of this Proffer 4 hereinafter the Grading Plan The Grading Plan shall show existing topographic features to be considered in the development of the proposed subdivision and proposed final grades The Grading Plan shall be approved by the County Engineer prior to final approval of the associated subdivision plat ThesubdivisionlotsshallbegradedasshownontheapprovedGradingPlanNocertificateofPage8of20 Proffer Statement cont d ZMA 2005 0 17 Biscuit Run January 3 2006 last revised September 4 2007 occupancy shall be issued for any dwelling on a lot where the County Engineer has determined the lot is not graded consistent with the approved Grading Plan Each Grading Plan shall satisfy the following A The Grading Plan shall show all proposed streets building sites surface drainage driveways trails and other features the County Engineer determines are needed to verify that the Grading Plan satisfies the requirements of this Proffer 4 B The Grading Plan shall be drawn to a scale not greater than one 1 inch equals fifty 50 feet C All proposed grading shall be shown with contour intervals not greater than two 2 feet All concentrated surface drainage over lots shall be clearly shown with the proposed grading All proposed grading shall be designed to assure that surface drainage can provide adequate protection from the flooding of dwellings in the event a storm sewer fails D Graded slopes on lots proposed to be planted with turf grasses lawns shall not exceed a gradient of three 3 feet of horizontal distance for each one 1 foot of vertical rise or fall 3 1 Steeper slopes shall be vegetated with low maintenance vegetation as determined to be appropriate by the Program Authority as such term is defined in 17 104 37 of the Albemarle County Code the Program Authority in its approval of an erosion and sediment control plan for the land disturbing activity These steeper slopes shall not exceed a gradient of two 2 feet of horizontal distance for each one 1 foot of vertical rise or fall 2 1 unless the County Engineer finds that the grading recommendations for steeper slopes have adequately addressed the impacts E Surface drainage may flow across up to three 3 lots before being collected in a storm sewer or directed to a drainage way outside of the lots F No surface drainage across a residential lot shall have more than one half 1 2 acre of land draining to it G All drainage from streets shall be carried across lots in a storm sewer to a point beyond the rear of the building site H The Grading Plan shall demonstrate that driveways to lots will not be steeper than twenty 20 percent unless certified by an engineer that the driveway at the proposed steepness would be safe and convenient for vehicles including emergency vehicles to use the driveway and shall include grading transitions at the street that the agent determines will allow passenger vehicles to avoid scraping the vehicle body on the driveway or the street Additionally the driveway grading shall provide an area in front of the proposed garage or where no garage is proposed an area for vehicle parking that is not less than eighteen 18 feet in length that will be graded no steeper than eight 8 percent I The Grading Plan shall demonstrate that for any dwellingnotservedbyafrontstairanareaatleastten10feetinwidthortothelotlineifitislessthan10feetabuttingPage9of20 Proffer Statement cont d ZMA 2005 0 17 Biscuit Run January 3 2006last revised September 4 2007 the fa ade of the proposed structure that faces the street and provides pedestrian access to adjacent public sidewalks has grades no steeper than ten percent 10 This graded area also shall extend from the entrance of the dwelling to the driveways or walkways connecting the dwelling to the street J Any requirement of this Proffer 4 may be waived by the County Engineer by submitting a waiver request with the preliminary subdivision plat If such a request is made it shall include i a justification for the request contained in a certified engineer s report ii a vicinity map showing a larger street network at a scale no smaller than one 1 inch equals six hundred 600 feet iii a conceptual plan at a scale no smaller than one 1 inch equals two hundred 200 feet showing surveyed boundaries of the property iv topography of the property at five 5 foot intervals for the property being subdivided and on abutting lands to a distance of five hundred 500 feet from the boundary line or a lesser distance determined to be sufficient by the County Engineer v the locations of streams stream buffers steep slopes floodplains known wetlands and vi the proposed layout of streets and lots unit types uses and location of parking as applicable In reviewing a waiver request the County Engineer shall consider whether the alternative proposed by the Owner satisfies the purpose of the requirement to be waived to at least an equivalent degree In approving a waiver the County Engineer shall find that compliance with the requirement of this Proffer 4 for which a waiver is requested would not forward the purposes of the County s Subdivision and Water Protection Ordinances or otherwise serve the public interest and granting the waiver would not be detrimental to the public health safety or welfare to the orderly development ofthe Property and to the land adjacent thereto K The Owner may request that a Grading Plan be amended at any time All amendments shall be subject to reviewand approval by of the County Engineer 5 Critical Slopes Erosion and Sediment Control and Stormwater Manae ement A Critical Slopes The Owner shall apply for critical slope waivers for any roads located in critical slopes governed by 18 4 2 et seq of the Albemarle County Code B Erosion and Sediment Control The Owner shall to the maximum extent practicable as determined by the County s Program Authority provide additional erosion and sediment controls to achieve a sediment removal rate of eighty percent 80 for the Property As a reference current regulatory structural measures achieve a 60 optimal removal rate C Revegetation Within nine 9 months after the start of grading under any erosion and sediment control permit permanent vegetation shall be installed on all denuded areas except for areas the Program Authority determines are otherwise permanently stabilized or are under construction with an approved building permit A three 3 month extension for installation of permanent vegetation may be granted by the Program Authority due to special circumstances including but not limited to weather conditions D Stormwater Management The Owner shall to the maximum extent practicable as determined by the CountysProgramAuthorityprovideadditionalstormwatermanagementtoachievearemovalrate20betterthanwouldotherwiseberequiredbytheWaterProtectionPage10of20 Proffer Statement cont d ZMA 2005 0 I 7 Biscuit Run January 3 2006 last revised September 4 2007 Ordinance Albemarle County Code 9 17100etsequpto a maximum of eighty percent 80 removal rate for each Phase 6 Transportation ImprovementsAOffSiteTrafficSignalsUpondeterminationbytheVirginiaDepartmentofTransportationVDOTbasedononeormoretrafficsignalwarrantanalysesthatthefollowingtrafficsignalsarewarrantedtheOwnershallproceedtodesignandinstallthewarrantedtrafficsignalsincludingnecessaryandrelatedimprovementstotheintersectionateachofthefollowingtwo2intersectionsinAlbemarleCountyinaccordancewiththetermsofthisProffer6Ai5thStreetExtendedandSunsetAvenueshownas4onExhibitAattachedheretoandiiScottsvilleRoadRt20andAvonStreetExtendedshownas5onExhibitBattachedheretoWithinninety90daysafterreceiptofthewarrantanalysessupportingthesignalimprovementstheOwnershallsubmitproposedtrafficsignaldesignsforthwarrantedtrafficsignalstoVDOTTheOwnershalltheninstallthetrafficsignalswithinsix6monthsafterapprovalbyVDOTofthedesignsforthetrafficsignalsIntheeventallcontingenciestothisProffer6Ahavenotbeensatisfiedwithintwenty20yearsafterthedateoftheissuanceofthefirstresidentialbuildingpermitwithinthe Property then this Proffer 6A shall expire and Owner shall have no further obligation tomakethisProffer6ABOffSiteTurnLanesAtthenorthernintersectionof5thStreetandtheInterstate64rampsinAlbemarleCountyshownas1onExhibitAattachedheretotheOwnershallconstructonesouthboundrightturnlaneturningfromsouthbound5thStreetontothewestbound164entrancerampandonewestboundrightturnlaneturningfromthewestbound164exitrampontonorthbound5thStreetinaccordancewiththetermsofthisProffer6BInadditionatthesouthernintersectionof5thStreetandtheInterstate64rampsshownas2onExhibitAtheOwnershallconstructonenorthboundrightturnlaneturningfromnorthbound5thStreetontotheeastbound164entrancerampandoneeastboundrightturnlaneturningfromtheeastbound164exitramponto5thStreetsouthboundinaccordancewiththetermsofthisProffer6BThelocationsoftheprofferedlanesareshownonExhibitAforreferenceTheOwnersobligationstoconstructtheturnlanesprovidedinthisProffer6BshallbecontingentonprovisionbyVDOTofappropriaterightofwayforsuchlanesThedesignofallturnlanesshallbesubjecttopriorapprovalbyVDOTIntheeventallcontingenciestothisProffer6Bhavenotbeensatisfiedwithintwenty20yearsafter the date of the issuance of the first residential buildingpermitwithinthePropertythenthisProffer6BshallexpireandOwnershallhavenofurtherobligationtomakethisProffer6BCConnectorRoadSouthwoodContributionWithinten10yearsafterapprovalofZMA2005017orbeforeissuanceofthesoothresidentialbuildingpermitwithinthePropertywhicheverfirstoccurstheOwnershalldesignconstructanddedicatetopublicuseaconnectingroadbetweenScottsvilleRoadRt20andOldLynchburgRoadincludingone1streamcrossinginthelocationandtothestandardsincludingpedestrianandbicycleaccommodationsshownonSheet4oftheGDPanddescribedintheCODtheConnectorRoadincludingthededication of related drainageslopeandutilityeasementsTheConnectorRoadshallbeconstructedbondedandreadytoberecommendedbytheAlbemarleCountyBoardofSupervisorsforacceptanceintothepublicsystemandtheCountyEngineershallhavePageIIof20 Proffer Statement cont d ZMA 2005 0 17 Biscuit Run January 3 2006 last revised September 4 2007 determined that the roadway is safe and convenient fortrafficStreetandparkinglanewidthsfortheConnectorRoadmaybereducedifallowedbyVDOTandapprovedbytheCountyDirectorofCommunityDevelopmentAspartofitsobligationsunder this Proffer 6C the Owner shall be responsible for acquisition of necessary right ofwaybetweenthePropertyandOldLynchburgRoadthroughtheSouthwoodMobileHomePark the Southwood Section The design of the Southwood Section shall be coordinated with the County and the owner of the Southwood Mobile Home Park and subject to prior approval by VDOT D Mill Creek South Connection Upon demand of the County but no earlier than the issuance of the First Residential Building PermittheOwnershalldedicaterightofwaysufficientforone1futurevehicular connection from the pedestrian and street network within the Property to the common boundary with the Mill Creek South neighborhood generally in the location and dimensions depicted on Sheet 4 of the GDP and p 26 of the COD as Road K and Section Type IX respectively the Mill Creek South Connection At the time such right of way is dedicated to the County and notwithstanding the schedule provided in Proffer IF 3 for construction of the remainder of the Linking Trail the Owner shall also grade the area of the Mill Creek South Connection consistent with a future 30 curb to curb roadway with sidewalks and planting strips and construct that portion of the Linking Trail located within the area of the Mill Creek South Connection Such right of way shall be used for bicycle pedestrian and emergency access tothePropertyuntilsuchtimeastheAlbemarleCountyBoardofSupervisorsdetermines vehicular connection is required Contingent on the provision without cost to the Owner of adequate off site right of way and easements as necessary for construction and maintenance of a vehicular connection extending from the Property s common boundary with the Mill Creek South neighborhood generally northward to Stoney Creek Drive and upon the request of the Albemarle County Board of Supervisors but in no event earlier than the issuance of the First Residential Building Permit the Owner shall construct a vehicular connection from the Property s internal street network over the Mill Creek South Connection and extending to Stoney Creek DrivetothestandardsandonascheduleapprovedbytheAlbemarleCountyBoardofSupervisorsprovidedhoweverthatsuchvehicularconnectionshallbepostedasopenonlytopassengervehicles and not to construction traffic In the event all contingencies to this Proffer 6D have not been satisfied withintwenty five 25 years after the issuance of the First Residential Building PetIl1it then this Proffer 6D shall expire and Owner shall have no further obligation to make this Proffer 6D E ITS Improvements The Owner shall contribute cash in the amount of One Hundred Fifty Thousand Dollars 150 000 00 to an escrow agent approved by the County tobeheldbytheescrowagentforthepurposeoffundingcommunicationandsignaltimingimprovements at locations to be agreed upon by the County and the City of Charlottesville The cash contribution shall be made within twelve 12 months after recordationofthefirstsubdivisionplatcreatinglotsorunitsforindividualresidentialoccupancywithinthePropertyFundsheldinescrowinaccordancewiththisProffer6EshallbereleasedfromtimetotimeuponinstructionbytheAlbemarleCountyBoardofSupervisorseitheritotheCityoritsdesigneeforthe purposes provided herein or ii to the County or its designee for such purposes as the Albemarle County Board of Supervisors may set forth in its instruction If the cash contribution provided in this Proffer 6E has not been exhausted by the County for the stated purpose within ten 10yearsafterthedateftheissuanceofthefirstresidentialbuildingpermitwithinthePage12of20 Proffer Statement cont d ZMA 2005 0 17 Biscuit Run January 3 2006 last revised September 4 2007 Property then all unexpended funds may beusedtowardsfundinganyimprovementslistedontheCountysadoptedcapitalimprovementprogramorotheradoptedCountyplanorprioritylistand located within the boundaries of Neighborhoods 4 and 5 FFrontageImprovementsContemporaneouslywithandaspartoffrontageimprovementsalongScottsville Road Rt 20 and Old Lynchburg Road required in connection with any subdivision plat or site plan for the Property the Owner shall construct such turn lanes and improvements to the horizontal alignment vertical alignment and cross section of Scottsville Road Rt 20 and Old Lynchburg Road as reasonably necessary to provide safe and convenient access to Biscuit Run provided however that the Owner s responsibility under this Proffer 6E shall be limited to the extent of the Property s frontage only Improvements constructed in accordance with this Proffer 6F shall be designed and constructed to applicable VDOT standards including without limitation VDOT s Geometric Design Standard for a Rural Collector road GS 3 and VDOT s Geometric Design Standard for a Rural Minor Arterial road GS 2 as such standards may be amended from time to time Street AA which runs generally parallel to Scottsville Road Rt 20 as described on Sheet 4 of the GDP and p 27 of the COD shall be constructed bonded and ready to be recommended by the Albemarle County Board of Supervisors for acceptance into the public system and the County Engineer shall have determined that the roadway is safe and convenient for traffic no later than the date of completion of the Connector Road as described in Proffer 6C G Stream Crossings The Owner shall construct three 3 stream crossings in the locations shown on Sheet 4 of the GDP the Stream Crossings The Stream Crossings shall be designed and constructed to span the stream and adjacent floodway The stream crossing located on the east west connector road shall be constructed at the time provided in Proffer 6C The stream crossing providing access to the District Park shall be constructed at the time provided in Proffer IF 3 The remaining stream crossing shall be constructed at the time the adjacent roadway is constructed but in no case later than the date of completion of the Connector Road as described in Proffer 6C 7 Transit A Cash Contribution The Owner shallcontributecashintheamountofOneMillionDollars100000000totheCounty or its designee which may include a regional transit authority to be used for capital and or operating expenses related to the extension of public transit service to the Property and its surrounding area Such cash contribution may also be used towards the formation capitalization and operation of a regional transit authority whose service area includes the Property The cash contribution shall be made to the County or its designee within twelve12monthsafterrecordationofthefirstsubdivisionplatcreatinglotsorunitsforindividualresidentialoccupancywithinthePropertyIfthecashcontributionprovidedinthisProffer7Ahasnot been exhausted by the County for the statecl purposes within eighteen 18 months after the date of the issuance of the first residential building permit within thePropertythenallunexpendedfundsmayberetainedbytheCountyfor any publicpurposeBTransitStopsTheOwnershallconstructsix6publictransitstopsincludingdesignconstructionanddedicationofrelatedimprovementssuchasturnoffsbenchessheltersPage13of20 Proffer Statement cont d ZMA 2005 0 17 Biscuit Run January 3 2006 last revised September 4 2007 and lighting all substantially in accordance with Sheet 4A of the GDP and the COD modified as determined to be necessary by the County Department of Community Development to facilitate efficient transit service to the Property One of the transit stops may at the County s option include a kiss and ride facility consisting of no less than eight 8 temporary parking spaces for the discharge and retrieval of transit passengers by private vehicles together with a sheltered passenger waiting area and bus pull off Construction and dedication to public use of each transit stop shall occur in conjunction with the construction and dedication of the road section on which such stop is located C Park and Ride Lot The Owner shall provide a paved parking area on the Property consisting of no less than twenty 20 spaces within Block 2 as shown on Sheet 2 of the GDP for temporary use by commuters accessing transit trails or carpools the Park and Ride Lot Construction of the Park and Ride Lot shall occur in conjunction with the construction and dedication of the adjacent road section or if the Park and Ride Lot is constructed within a parking area for another use e g a grocery store then the Park and Ride Lot shall be constructed in conjunction with such use provided however that the Park and Ride Lot shall be constructed no later than the date of completion of the Connector Road as described in Proffer 6C D Car Sharing Service The Owner shall provide three 3 parking spaces on the Property for location of car sharing vehicles e g Zipcar vehicles the locations of which shall be determined in cooperation with the County Department of Community Development and provided in conjunction with the construction and dedication of the adjacent road section provided however that such parking spaces shall be constructed no later than the date of completion ofthe Connector Road as described in Proffer 6C E Permanent Transit Service The Owner shall provide transit service between the Property and the University of Virginia and the City of Charlottesville Downtown Transit Station at 615 East Water Street and such other locations as may be determined by the Owners Association in accordance with this Proffer 7E The transit service shall commence as a private transit service no laterthanthedateofissuanceofthebuildingpermitforthefivehundredth500thdwelliI1g on t e Property sh ll run during weekday morning and eveningcommuting hours at a minimum and shall continue for ten 10 years or until the earlier provision of public transit service by a regional transit authority or otherwise to the Property Routes and timing of the transit service provided hereunder as well as any proposed use of the City of Charlottesville Downtown Transit Station shall be coordinated with Charlottesville Transit Service Funding for the transit service described in this Proffer 7E shall be provided through assessments administered by the Owners Association of Five Dollars 5 00 per residential unit per month and Twenty Cents 0 20 per square foot of commercial space per year each increased whenever and at the same rate as the Owners Association s regular assessment is increased the Transit Assessment At any time at the County s option all Transit Assessments along with any unused Transit Assessment funds accumulated by the Association shall be directed to a regional transit authority or other governmental authority operating public transit service with service to the Property at which time the Owners Association s responsibility hereunder to operate any private transit service shall cease In such event and for so long as public transit serviceisprovidedtothePropertytheOwnersAssociationshallsemiannuallypayoverthePage14of20 I Proffer Statement cont d ZMA 2005 017 Biscuit Run January 3 2006 last revised September 4 2007 aggregate amount of the Transit Assessment assessed to the operator of such public transit service for use toward capital and or operating expenses of such transit system but not for maintenance expenses except as permitted by Va Code 15 2 2303A as amended The terms of this Proffer 7E shall be incorporated into the governing documents of the Owners Association which documents shall further authorize the County Director of Community Development to file perfect and enforce the lien provided in Va Code 55 516 against the owner of any lot or parcel within the Property who fails to pay the Transit Assessment The remedy provided in this Proffer 7E shall be in addition to and not in lieu of the County s rights and remedies at law or in equity for noncompliance with the terms of these Proffers 8 Phasine of Retail Development Prior to the issuance of a building permit for the five hundredth 500th dwelling within the Property the aggregate gross retail space within the Property shall not exceed seventy five thousand 75 000 square feet Prior to the issuance of a building permit for the one thousandth 1 OOOth dwelling within the Property the aggregate retail space within the Property shall not exceed one hundred twenty five thousand 125 000 square feet Retail space as used in this Proffer 8 shall not be deemed to include any office space or health wellness and fitness facilities 9 Library Contribution No later than the issuance of the five hundredth 500th building permit within the Property the Owner shall contribute cash in the amount of Five Hundred Thousand Dollars 500 000 00 to the County to be used toward construction of a new regional library branch serving the Property or toward improvements to one or more existing regional library facilities serving the Property If the cash contribution provided in this Proffer 9 has not been exhausted by the County for the stated purposes within ten 10 years after the date of the issuance of the first residential building permit within the Property the County may use the funds towards funding any improvements listed on the County s adopted capital improvement program and located within the boundaries of Neighborhoods 4 and 5 10 Historic Preservation Prior to commencing land disturbance within any area depicted in red on Exhibit C hereto collectively the Potential Resource Sites the following investigations shall be made as indicated a for Potential Resource Sites labeled as Phase I Survey on Exhibit C systematic shovel testing of low relief landforms with archeological potential that will be impacted by the proposed development and b for Potential Resource Sites labeled as Archeological Reconnaissance on Exhibit C pedestrian survey and visual inspection of various crossings and shovel testing when determined necessary by the archeologists conducting the investigation Each such investigation shall comply with the standards and procedures set forth in Exhibit D hereto In addition in the event that any human remains are encountered in the course of conducting any investigation in accordance with this Proffer 10 no land disturbance shall proceed in the affected area until delivery of evidence to the County that all applicable regulations regarding the disturbance or removal of such remains have been complied with or that avoidance can be achieved The Owner shall provide evidence to the County s Director of Planning that the individual supervising the investigations required by this Proffer 10 is a qualified archeologist who meets the qualifications set forth in the Secretary of the Interior s Professional Qualification Standards The Owner shall provide all reports generated by investigationsconductedinaccordancewiththisProffer10totheCountysDirectorofPlanningwhoshallberesponsibleforconfirmingtheinvestigationsweremadeinconformancewithPage15of20 Proffer Statement cont d ZMA 2005 0 17 Biscuit Run January 3 2006 last revised September 4 2007 Exhibits C and D hereto and shallincorporateanyapprovedtreatmentplansintothedevelopmentplansforthePropertyandadheretosuchtreatmentplansduringallclearing grading and construction activities on the Property 11 Green Buildine A Residential Not 1 ess thantenpercentl0ofthedwellingsconstructedonthePropertyshallberatedaminimumofCertifiedundertheUSGreenBuildingCouncilsLEEDforHomesPilotRatingSystemVersionLIlaJanuary2007ortheLEEDNCGreenBuildingRating System for New Construction and Major Renovations Version 2 2 October200SasapplicablecollectivelytheLEEDCompliantDwellingsPriortoissuanceofbuildingpermitsforthe1001st1501st2001st2501stand3001sdwellingsonthePropertytheOwnershallineachcaseprovidecopiesofLEEDcertificatestotheCountyDirectorofCommunity Development evidencing that a minimum of ten percent 10 of dwellings constructed on the Property to date are certified as LEED Compliant Dwellings B Commercial Not less than fifty thousand 50 000 square feet of the commercial square footage located within Block 2 as shown on Sheet 2 oftheGDPBlock2shallberatedaminimumofCertifiedordemonstratedtotheCountyDirectorofCommunityDevelopmentssatisfactiontobeeligible to receive such certification under the LEED NC Green Building Rating System forNewConstructionandMajorRenovationsVersion22October200SortheLEEDGreenBuildingRatingSystemforCoreShellDevelopmentVersion20July2006asapplicablecollectivelytheLEEDCompliantCommercialSpacePriortoissuanceofthebuildingpermitforanyproposedLEEDCompliantCommercialSpacetheOwnershallprovideto the County Director of Community Development the opinion of a licensed architect that such space if constructed in accordance with the building plans is designed to achieve the minimumCertifiedratingprovidedinthisProfferlIB12FireandRescueNolaterthanthedateofissuanceofthebuildingpermitforthefivehundredthSoothdwellingwithinthePropertytheOwnershallcontributetotheCountycashintheamountofEightHundredSeventyFiveThousandDollars87500000tobeusedtowardthepurchaseofoneormorefireenginesambulancesorotherneededfireorrescueequipmentservingthePropertyanditssurroundingareaIfthecashcontributionprovidedinthisProffer12hasnotbeenexhaustedbytheCountyforthestatedpurposeswithintenl0yearsafterthe date of the issuance of the three thousandth 3 000th certificate ofoccupancywithinthe Property then all unexpended funds may be used towards funding anyimprovementslistedontheCountysadoptedcapitalimprovementprogramandlocatedwithintheboundariesofNeighborhoods4andS13AnnualAdiustmentofCashProffersBeginningJanuary12009theamountofeachcashcontributionrequiredhereinincludinganyaggregatemaximumcontributionshallbeadjustedannuallyuntilpaidtoreflecttheincreaseifanyintheComparativeCostMultiplierRegionalCityAverageSoutheastAverageCategoryCMasonryBearingWallsissuedbyMarshallValuationServicealkaMarshallSwifttheIndexor the mostapplicableMarshallSwiftindexdeterminedbytheCountyifpublicationofthespecificindexreferencedhereinindiscontinuedTheadjustedcashcontributioninanyyearshallequalthesumofxthePage16of20 Proffer Statement cont d ZMA 2005 0 17 Biscuit Run January 3 2006 last revised September 4 2007 cash contribution for the preceding year and y theproductofthecashcontributionfortheprecedingyearandthedifferencebetweentheIndexforthefirstquarterofthecurrentyearandtheIndexforthefirstquarteroftheimmediatelyprecedingyearForeachcashcontributionthatispaidinincrementstheunpaid incremental payments shall be correspondingly adjusted each year In no event shall adjustment of anycashamountinaccordancewiththisProffer13decreasesuch amount below the dollar amount originally proffered herein 14 Landscape Plan for Entrance CorridorBuffersPriortoapprovalofthefirstfinalsiteplanwithinBlock2orBlock3asdepictedonSheet2oftheGDPtheEasternBlocksalandscapeplanmeetingtherequirementsofCountyCode1832794and183064andreflectingthegeneralintentoftheBufferssetoutonpage40oftheCODtheLandscapePlanshallbesubmittedforreviewandapprovaltotheCountyArchitecturalReviewBoardtheARBfortheportionsoftheBuffersshownonSheet5oftheGDPthatabutScottsvilleRoadRt20PriortoapprovalofthefirstfinalsiteplanwithinBlock10Block15orBlock16asdepictedonSheet2oftheGDPtheWesternBlocksaLandscapePlanshallbesubmittedforreviewandapprovaltotheARB for the portions of the Buffers shown on Sheet 5 of the GDP that abut Old Lynchburg RoadReceiptofacertificateofappropriatenessfromtheARBshallbeaconditionoffinalsiteplanapprovalforthefirstsiteplanwithintheEasternBlocksandtheWesternBlocksrespectivelyTheOwnershallinstalllandscapinginaccordancewiththeapprovedLandscapingPlanswithinone1yearafterissuanceofthecertificateofappropriatenessfortheapplicableLandscapePlanTheOwnershallberesponsibleformaintainingthelandscapingprovided in the approved Landscaping Plans until such time as the Buffers are conveyed to the Owners Association whereupon the Owners Association shall be responsible for allmaintenanceofthelandscaping15CashFundContributionforCapitalImprovementsForeachdwelling constructed on the Property the Owner shall contribute to the CountyasaconditionofbuildingpermitissuancecashintheamountofFourThousandNineHundredFortySixand70100Dollars494670uptoanaggregatemaximumcontributionofThirteenMillionThirtyFourThousandFiveHundredFortyTwoDollars1303454200theCashFundContributionwhichmaybeusedtowardfundingofanycapitalimprovementsasdeterminedbytheCountyincludingwithoutlimitationiwideningofScottsvilIeRoadRt20iisignalimprovementsatAvonStreetandSouthernParkwayiiisignalimprovementsonOldLynchburgRoadatStateRoute631and5thStreetivinstallationofsignalsatScottsvilleRoadRt20and164vlaneadditiononOldLynchburgRoadattheintersectionofOldLynchburgRoadandCountryGreenRoadvilaneadditiononOldLynchburgRoadattheintersectionofOldLynchburgRoadandMountainwoodRoadviilaneadditiononScottsvilleRoadRt20attheintersectionofScottsvilleRoadRt20andPVCCviiilaneadditionandbridgeexpansionon5thStreetattheintersectionof164and5thStreetixbicyclelanesonOldLynchburgRoad2lanesectionandoronScottsvilleRoadRt20andAvonStreetxspotimprovementsforScottsvilleRoadRt20andOldLynchburgRoadxiconstructionofaFontaineSunsetConnectorascontemplatedintheSouthernUrbanAreaBStudyFinalReportdatedSeptember102004xiidesignandconstructionofoneormore soccer lacrosseorotherplayingfieldsattheChampionshipFieldasdefinedinProffer1GorxiiconstructionofDistrictParkfacilitiesAnyportionofthecashcontributionprovidedinthisProffer15receivedafteranimprovementtowhichsuchfundsmaybedirectedhereunderisrcompletemaybeusedtowardrepaymentofanyPage17of20 Proffer Statement cont d ZMA 2005 0 17 Biscuit Run January 3 2006 last revised September 4 2007 borrowed funds used to pay for such improvement or if none then toward funding any improvements listed on the County s adopted capital improvement program and located within the boundaries of Neighborhoods 4 and 5 The cash contributions provided in this Proffer 15 shall not be made on units of affordable housing as such term is defined in Proffer 2 16 Cash Proffer for Improvements to Old Lvnchbun Road City Section For each dwelling constructed on the Property the Owner shall contribute to an escrow agent approved by the County as a condition of building permit issuance cash in the amount of Five Hundred Eighty Eight and 24 100 Dollars 588 24 up to an aggregate maximum contribution of One Million Five Hundred Fifty Thousand Dollars 1 550 000 00 to be held by the escrow agent in escrow for the purpose of funding construction of improvements to Old Lynchburg Road within the City of Charlottesville Funds held in escrow in accordance with this Proffer 16 shall be released from time to time upon instruction by the Albemarle County Board of Supervisors either i to the City or its designee for the purposes provided herein or ii to the County or its designee for such purposes as the Albemarle County Board of Supervisors may set forth in its instruction If the cash contribution provided in this Proffer 16 is not expended within ten 10 years after the date of the issuance of the three thousandth 3 000th certificate of occupancy within the Property then all unexpended funds may be used toward funding any improvements listed on the County s adopted capital improvement program and located within the boundaries of Neighborhoods 4 and 5 Any portion of the cash contribution provided in this Proffer 16 received after an improvement to which such funds may be directed hereunder is complete may be used toward repayment of any borrowed funds used to pay for such improvement or if none then toward funding any improvements listed on the County s adopted capital improvements program and located within the boundaries of Neighborhoods 4 and 5 The cash contributions provided in this Proffer 16 shall not be made on units of affordable housing as such term is defined in Proffer 2 17 Cash Proffer for Additional Simde Familv Detached Dwellines As a condition ofthe issuance of each building permit for a single family detached dwelling unit SFD Unit requested after the issuance of the building permit for the six hundred fiftieth 650th SFD Unit on the Property the Owner shall contribute cash in the amount of Five Thousand Three Hundred Fifty Dollars 5 350 00 to the County for use towards funding any improvements listed onthe County s adoptedc pital improvements program and located within the boundaries of Neighborhoods 4 and5 Likewise upon the issuance of each building permit for a single family attached townhouse or multifamily dwelling unit SF NTH MF Unit requested after the issuance of the two thousand four hundred fiftieth 2 450th SF NTH MF Unit on the Property the County shall credit the Owner the amount of Five Thousand Three Hundred Fifty Dollars 5 350 00 against the cash proffers for such unit otherwise owed in accordance with these Proffers Notwithstanding the foregoing in no event shall cash be paid by the County to Owner in the event that a credit under this Proffer 17 is due Credits hereinunder may be carried forward for future units governed by these Proffers The cash contributions and credits provided in this Proffer 17 shall not be made onunitsofaffordablehousingassuchtermisdefinedinProffer218CashProfferforBovsGirlsClubFacilityatSouthwoodUpondemandoftheCountybutnoearlierthanthedateofrecordationofthesecondsubdivisionplatcreatinglotsorPage18of20 Proffer Statement cont d ZMA 2005 0 17 Biscuit Run January 3 2006 last revised September 4 2007 units for individual residential occupancy within thePropertytheOwnershallcontributetotheCountyoritsdesigneecashintheamountofFiftyThousandDollars5000000tobeusedtowardtheexpansionoftheBoysGirlsClubsSouthwoodUnitfacilityandorthehoursprogrammingandservicesofsuchfacilitywithintheSouthwoodMobileHomeParkcommunityIfthecashcontributionprovidedinthisProffer18hasnotbeenexhaustedbytheCountyforthestatedpurposeswithinten10yearsafterthedateoftheissuanceofthethreethousandth3000thcertificateofoccupancywithinthePropertythenallunexpendedfundsmaybeusedtowardsfundinganyimprovementslistedontheCounty s adopted capital improvement program and located within the boundaries of Neighborhoods 4 and5AttachmentsExhibitADiagramshowingprofferedsignalsandturn lanes on OLR 64 and Sunset ExhibitBDiagramshowingprofferedsignal at A von Rt 20ExhibitCDuttonAssociateshistoricresourcemapExhibitDDuttonAssociatesproposalSIGNATUREPAGEFOLLOWSPage19of20 Proffer Statement cont d ZMA 2005 017 Biscuit Run January 3 2006 last revised September 4 2007 WITNESS the following duly authorized signatures Elizabeth Lancaster Breeden 981 Old Lynchburg Road Charlottesville Virginia 22903 BISCUIT RUN LLC a Virginia limited liability company 981 Old Lynchburg Road Charlottesville Virginia 22903 By Elizabeth L Breeden Manager John M Atkinson Trustee of the Forest Lodge Land Trust 9218 Centreville Road Manassas Virginia 20110 Sue B Minor Trustee ofthe Forest Lodge Land Trust 1017 Forest Lodge Lane Charlottesville Virginia 22901 FOREST LODGE LLC a Virginia limited liability company By FOREST LODGE MANAGEMENT LLC a Virginia limited liability company its sole Manager By Steven W Blaine Manager s Agent LeClair Ryan123EastMainStreet8thFloorCharlottesvilleVirginia22902Page20of20DateDateDateDateDate Exhibit A Diagram showing proffered signals and turn lanes on OLR 64 andSunset 4 r i I I Q I Mouqtainwood Rd II l 1t Countty Green 4 jJHl t l a Itt Sunset Ave LEGEND Existing Lane Geometry Proffer d Lane Geometry Proffered Traffic Signal J 0 t i fJ tt rn fJ Hl L Itt 1 64 EB Ramps 2 tfr y 1 64 WB Ramps j PROPOSED BISCUIT RUN DEVELOPMENT ALBEMARLE COUNTY VIRGINIA PROFFERED ROADWAY IMPROVEMENTSISCALENottoScaleIFigureI ExhibitBDiagramshowingprofferedsignalatAvonRt20 J 0 M B s It Avon St I IIII I S01 lthern Parkway Mill Creek Drive IReynovII l Drive f lJc s LEGEND Existing Lane Geometry Proffered Lane Geometry Proffered Traffic Signal PROPOSED BISCUIT RUN DEVELOPMENT ALBEMARLE COUNTY VIRGINIA PROFFERED ROADWAY IMPROVEMENTS I SCALE Not to Scale TFigure2 ExhibitCDuttonAssociateshistoricresourcemap UIt8ItmClSQccf5otoClIlZ0010rl8lJlIE5lileCSc0ClQIlUofijaO6lli6ogeeoJgil5gollcilltuf3iifiJIjif2toIIjrltokIrriIIIIjIIRyWtlJnILlflIiHLJIlIIbeaom06gwtc0Cl11a5IIIIiir1JH1lQJl0IZlsilllgo0010rrJ71JoIIIffrslIslIJSaQjJalIilIJtliltlJ55tt1S11SEJaJIIIsltlIttllfQItSd212OllOttiIiif ExhibitDDuttonAssociatesproposal Tf t if Dutton i ssociatcs I I I f r l f t II I II 1 RESEARCH DESICN FOR ARCIL EOLOCIc L FIEI DWORK A r TilE BISCUIT RUN DEVELOPMENT The archaeological fieldwork at the proposed Biscuit Run development will consist ofaPhaseIculturalresourcesurveyofthelowrelieflandfonnswithinthefOotprintofdcveklpmentthatpossessthepotentialtocontainarchaeologicalresourccSInadditionWIarchaeologicalreconnaissancewillbeperfonncdonthevariouscrossingsofpreservationandconservationareaswithintheBiscuitRunprojLCtareaDetails0ttheseproctdures areoutlincdhelow PI ASH I SlJRVEY OF ARE S WITH ARCH EOLOGIC ILPOTEiVnLThefieldworkwithintheaforementionedareas with archaeological potential willentailacombinationofpedestrianreconnaissanceandsystematicshoveltestinginanetTorttoconclusivelydetenninethepresenceorabsenceofsubsurfacearchaeologicalresourcesTheticldworkwillinvolvetheplacementofshoveltestsat50tOotlSmt1crintervalswithinthosedesignatedareasThesoilexcavatedfromaUshoveltestswiJIbepassedthroughI4inchmeshscreenandallshoveltestswillbeapproximatelyItoot030metersindiameterIfarchaeologicalmaterialsareidentifiedwithinalihovelbosttheexcavationofradialshoveltests12thedistancebetweenpositiveandnegativeshovel tests will be excavated to dctcnnine site boundaries For any archaeological resourcesidentifiedduringthesurveyphotographswifJbetakenofthegeneralvicinityandofanyvisibleteaturesAtieldmapwilJbepreparedshowingsitolimitsfeaturelocationspermanentlandmarkstopographicandvegetationalvariationsoureesofdisturbancandallsurfaceandsubsurtaceinvStigationsSuflicientintbrmationwillbeincludedoneachmaptopermitcusyrelocationofthesiteNotwillbetakenonsurfaceilndvegetationalconditionssoilcharacteristicsdimensionsandconstrultionoffeaturesevidentandthe81110untanddistributionofculturalmattrialsprescntAllsubsurfacearchaeologicalccavationswill he backfilled and returned topre survey conditionsAll architectural or structural rcl11ains c olJl l ring thecrtcrvyJlJdocuJncntdwlfflargiiDTjihctograpnyandmlppLtIPhotographswillbetakenofprimaryandsecondarylacadtSincludinguniqueurcmraclcrdcfiningfeaturesandgeneralsettingNoteswillbetaklI1documentinganyvisibleconstructiontechniquesandmuteriillsThelocationoflhehuildingor structure will recorded on the project fieldmap ARell OLOG1C L RI cON V m s vcEOF V RIOtIS CROSSINGS An lTchac ological reconnaissance will be perfonnt donallcrossingsofconservationandpreservationareasArchuOlogislswillvisuallyinspect these corridors felrthe potenti JI prescnce 0 rnrcha ologicll sites or architectural rcsourcl SMJny of these crossing arc local t along steep and crodcc1 slopes and thelikelihoodoffindingculluralresourcesis jnjit I L It Dutton Associates f v t UI i I extremely minimal However archaeologists will pcrtbnn a Phase I survey on any arcaswithinthecrossingsthataredecmtdtopossessarchaeologicalpotentialTheprocdurtSregardingthePhaseISurveyarcexplainedabove SrIlVn RDS All fieldwork conducted as part of these investigations will contorm to the Secrelllrv ofIhe111IrorIlStandtmlIUldGuidelineiforArclllololvtlndIIboriPTltnaiioFederalRegishr484471644742September291983andtheVirginiaDepartmentofHLItorieResourccsVDHRGuitlineiForGmtllclillgClllhlrellRc fOllrt l SlIn t v In Virginia AlMi itJna rllidan 1 forIhlImplementationtileFederalSlandarcblHiilledArclweologyandlIivoricPresetnionSecretary lireInleri r l Slum unlll tmt illit dine v 4ll FR 44742 September 19 1981 1999 rev 1000 All anitacts gencmt d in the course of the survey and associated records will be curuted accordingto the requirements specifiedinCltralion r Feclercll v Owned and Ad ini ered Arc Wt ologic al Collec ems 36 CFR Part 79 and VDHR 5 Slate Cllralion SlandarcL until such time as tinol disposition is coordinated with the client The pcrsoMel directing this survey meet the professional qualification standards of the Department ofthe Interior 48FR447389Archaologicalfieldworkconductedinthecourseofthissurveyisdesigntd to providedefinitive information on the presence nnd typeof cultural n sourct s locah d within the aforementioned arc 3S Following federaland state guidelines arChllc Ologists will conduct the survey with the goal of not only identifYing cultural rt Sllurccs hut also makingpreliminary recommendations regardingtheir eligibility fornomination to the National Reghdcr of Historic Places N RHP DEF VITIOvSOF CULTURAl RF SOVRCI Cultuml rcSOurccs idcntitied within the Biscuit Run projecl arca will he cltcguri l ed as either an Arc lileelllral Resollrce or an ArchllelJltlgicul Site Thedctinitions of these tenn i arc locat d in I o to APP l Ilri Nal ontl RI gi tiCrill ria IiJr EV IIt1tion Tedmt 1 iJr inwlion Oil omprtWJI vil e I mining vIIM ev or lIl1l1raln OIll Ct f ulltl regislJ tl imr ill Ihe Netlional Regi l er l f1i l Jri P t I US Dept uf the Interior National Park Service Interagency Rcsource Division National Register flulletin 15 Rcvisc d 1991 Ard le tllrul Re llIrCe All architectural r SOurccs identified at Biscuit Run will he characterized as a huilding or stru 1urc and arc detined by the NRflP as follows A building such as a house ham church hOlel or similar COl1struCtillll is created principnlly to shelter any tilrm of human activity Building may also he IIsed to reter to a histurically and nmctionally related unit such as a courthouse andjajl or a house and harnil h li ding 1 lox il h ic 17 lral tlemeIIIiltJNJCOJ1tletII1IIinmlicllegorbtI11Illrrdwlgitctl11 kitDuttonAssociatesfjt101r1JThehrmstructureisuStdtodistinguishfrombuildingsthosefunctionalconstructionsmadeusuallytorthepurposesotherthancreatinghumanshelterifatrWlurehaInltitsIIilwriLtJigllrationthrollghdeterioralionordemolitioniliYIIUItIvmLidelecltIllIinundItCllegorizedUanlarchmmlogituljiiteArchaeologicalSitAsiteisthelocationofasigniticmteventapnhistoricorhistoricoccupationor3ctivityfabuildingorstrudurewhethcystandingruimdorvanishtdwherethelocationitselfpossesseshistoricculturalorarchaeologicalvalueregardlessofthevalueofanyexistingstruc1urcItisofnotethatelJrieyi1nlimnlfilrflimnutionpotf1liulorhilorktliOdalionandminlfuhlildingortnIlIltnreidentitiedbytheNRHPasarchaeologicalsites MissioIth N o prindPAI on allon g the o p tm ot 0 U tonor ILlS pon b ity lor m t 0 ournalion IIy ownod p bhc L n lnd L ra lOd cultural roso rcTIli In ludos lostoring wi USO 01 OUr I nd lOd n ler sou pmtcchng Our fishnj IvUdhl pn Seing U onv ron ta nd culm a alu I nur n tion 1I PArks nd h torical pl lod prw d og lor the enjOyment 01 hie through oUldoor rea ahon11DoPA tment Iso promot the goals 01 Ih T ke Pride in Am rica cam PAlgn by en ouroglOg wardsh p nd db n respon ibility lor th publk I ndsnd promO ing i n partkiion I thcir ca The D p rtm nt 1Iso h 1S a m P osob hly lor Am n n Ind an hon communilies nd or pt up t whu iVt in s lnd T rritorieo under VS Administr ltion Jk 01 puMi iJtio1l l O fnJisa 1991 em r IT II Cri rio B Fro ri 00 1 i D C From lS7U his n eo m id D ng n I aor n 0 I rom wm o rJ o d d m 0 by 5 l m I I IT R hl Crire o 0 Fro t C yo R H i i i y Hio i C y m Mairo i i 1 ro m y 1I d m 0fou b Co 7 poo oroid UI d C don 110 it Iou i form ion io d 0 1 0 md i 011 1P w o by 0 o i o 18 0 fl C it rio C Brilg i Ch n Tn I Co P y w R n i 1m his m hmo h Yl O id I ixfiw fogi i g 0 1 prJrxaOOplof 0 y 1 bndll f y J m m h lm P yl i n 1 J1i t nJury Photo by Pe nsylvania Depafl nl t l Tran5pOTJlll On H om Righl Cri rio A M i S IM S OO H ori DI ri Ii 11m C y T U 1iI m 11 i o n h ory hi i ia J n bo ad of blir Dd i lif i k C J tr 1970 Dd0tnJIhiIIitooipoloodybildiDdnonilyIfoilIfi1mfPhobyiiI IV HOW TO DEFINE CATEGORIES OF HISTORICPROPERTIES The National Register 01HistoricPlacesincludessiilicantpropertiesclassifiedasbuildingssites districts structures or objects It is notuSl f to list intangible values except insofarastheyareassociatedwith or reflected by historic propertiesTheNationalRegisterdocsnotlistculturaleventsorskilledortalentedindividualsasisdonein some countries Rather the National Register is oriented to rognizingphysicaJlyconcreteproperties that arerel ltivcJy lixed in location For purposes 01NationalRegisternominationssmallgroupsofproperticsJrelistedunderasingJecatcgoryusingtheprimaryresource For ex ample a dty haU and fountain would be Cdtcgorized by the dty hall building a farmhouse with two out buildings wouldbe cJtcgorizedbytheflrmhousebuildingandacityparkwithagazebo wouldbe catcgoriu Cf by the park sitc Properties with large acreage or a number of resources Me usuallyCOn sidcn d districts Common sense and reason should dictatethe k tiun of categories BUILDING A building such olS oJ hous bolm church hotelor simil u construc tion is CTI olted principally to shelter Jny form of human tivity Ouild ing mOlY o1lso be used to refer to iIhistoricallY ll1d functiono111y related unit such as a courthouse and jail IIroJhousendbamBuildings l ligible lrthe I ltion ll cgistcr must inc udl lll of their l JSicstnJctural dements P lets of Iui dings such as interiors fac ldes r wings arc not eligible ind cndntofthereslofIheistjnglIi1dingThewhokbllildinmustbeconsidered and ils signifiCdnl ea tures mustbeidentifiedIIa building has lost its basic struc lUrid elementsitisusuallyconsideredaruinandiscategorizedasasiteExaple 01building include administration bllilding carriagehousechurch cily or lawn h lll courthouse detached kitchen barn or privy dannitoryfort garage hotel hOllse library mill blli Jinlffice blli1din postoffice hool ht d socialrail slable store Iheater lrain slaliun STRUCTURE The lerm strueture is usedtodis tinguish frombuildingsthosefunctionalconstructionsmoldeusuoJllyforpurposesotherth1nerelUnghumolnshelterStrucluresnomin ltt d10 the Nation 11RCglslermustincludeallofthexllntb15icSlrllcluralllcmentsPMtsufstmeluresc1nnobeconsidrcdeligibleifthwholeslructurremainsForlx1mpledtrussbridgeiscomposcdofIhemelalorwoodentrussIheIbutmcntsJndsupportingpiers11ofwhichifxtantmllst be included when considering the property foreligibilityrtastructurehas lost itshistoricconfigurationorptternoforganizationthroughdeteriorUionordemolitionitisusuallyconsideredaruinandiscalegoriztdasil site Examples 01 stroctures i dule ira l It Jpiary automobile bandstand boats and ships bridge cairn canal arollsel corncribdam L tlrtlrworlc enL Ct1 rr bugrain dL 7 alor lzig mmyirrigalion sys r mkiln I hlholl e raJ1fCJtlJ sraJe silo Irollccar I Urnd windmill 1 1 I j f 1I1IIjJ 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 Neighborhood Model District Code of Development ZMA-2005-017 August 31, 2007 Applicant: Forest Lodge, LLC Represented by: Prepared by: 800 EAST JEFFERSON STREET · CHARLOTTESVILLE, VA 22902 8/31/2007 2 TABLE OF CONTENTSINTRODUCTION...............................................................................................................................................................3 VISION..........................................................................................................................................................................3 Figure 1: Regional Context Map....................................................................................................................4 EXISTING CONDITIONS...............................................................................................................................................5 Table 1: Existing parcel information............................................................................................................5 Figure 2: Zoning Parcel Map...........................................................................................................................6 PURPOSE AND INTENT................................................................................................................................................7 Figure 3: Traffic Study....................................................................................................................................8 General Development Plan..................................................................................................................................9 Blocks.......................................................................................................................................................................9 Districts...................................................................................................................................................................9 Table 2: Land Use Areas.................................................................................................................................9 Figure 4: Block Plan.......................................................................................................................................10 Figure 5: Neighborhood Center District(T5)...............................................................................................11 Figure 6: Transitional District (T4).............................................................................................................12 Figure 7: Edge District (T3)..........................................................................................................................13 LAND USE AND BUILDING FORM..................................................................................................................................14 ALLOWABLE USES.....................................................................................................................................................14 Residential............................................................................................................................................................14 Table 3: Allowable Residential Uses...........................................................................................................14 Commercial.........................................................................................................................................................16 Table 4: Allowable Commercial Uses.........................................................................................................16 Civic.......................................................................................................................................................................17 Accessory..............................................................................................................................................................17 Table 5: Allowable Civic & Accessory Uses...............................................................................................17 DENSITY.....................................................................................................................................................................18 Table 6: Density.............................................................................................................................................18 SETBACKS...................................................................................................................................................................19 Figure 8: Setbacks..........................................................................................................................................19 Table 7: Minimum Setbacks and Build-to Lines........................................................................................19 LOT SIZE, STORIES AND COVERAGE........................................................................................................................20 Table 8: Lot Size, Stories and Lot Coverage.............................................................................................20 TRANSPORTATION........................................................................................................................................................21 Figure 9: Transit Routes...............................................................................................................................22 Table 9: Street specifications......................................................................................................................26 PARKING.....................................................................................................................................................................29 Figure 10: Potential Parking Configurations.............................................................................................29 ENVIRONMENTAL RESOURCES.....................................................................................................................................30 WETLANDS AND FLOODPLAIN.................................................................................................................................30 Figure 11: Wetlands and Floodplain...........................................................................................................30 CRITICAL SLOPES......................................................................................................................................................31 Figure 12: Critical Slopes..............................................................................................................................31 HISTORIC RESOURCES.....................................................................................................................................32 Figure 13: Potential Archaeological Resources........................................................................................32 OPEN SPACE..................................................................................................................................................................33 Figure 14: Open Space..................................................................................................................................33 Table 10: Green Spaces and Amenities.....................................................................................................33 Figure 15: Conservation and Preservation Areas.....................................................................................34 GREENWAY................................................................................................................................................................35 Figure 16: Greenway.....................................................................................................................................35 PARKS.........................................................................................................................................................................36 Figure 17: Parks.............................................................................................................................................36 LEARNING CENTER...................................................................................................................................................38 Figure 18: Learning Center Site..................................................................................................................38 PASSIVE RECREATION AREAS...................................................................................................................................39 Figure 19: Passive Recreation Areas...........................................................................................................39 BUFFERS.....................................................................................................................................................................40 Figure 20: Entrance Corridor Buffers.........................................................................................................41 PHASING.........................................................................................................................................................................47 STORMWATER MANAGEMENT......................................................................................................................................49 UTILITIES........................................................................................................................................................................51 Figure 21: Utilities.........................................................................................................................................51 ARCHITECTURAL STANDARDS.....................................................................................................................................52 FORM, MASSING, PROPORTION...............................................................................................................................52 ARCHITECTURAL STYLES.........................................................................................................................................53 MATERIALS, COLORS AND TEXTURES.....................................................................................................................53 ROOF FORM AND PITCH...........................................................................................................................................53 ARCHITECTURAL ORNAMENTATION.......................................................................................................................54 FAÇADE TREATMENTS AND FRONTAGES................................................................................................................54 STREETSCAPE TREATMENTS....................................................................................................................................55 Trees......................................................................................................................................................................55 Street Furniture/ Lighting.................................................................................................................................55 COMPLIANCE WITH THE NEIGHBORHOOD MODEL DISTRICT PRINCIPLES.............................................................56 1. Pedestrian Orientation..................................................................................................................................56 2. Neighborhood Friendly Streets and Paths..................................................................................................56 3. Interconnected Streets and Transportation Networks.............................................................................56 4. Parks and Open Space....................................................................................................................................57 5. Neighborhood Centers...................................................................................................................................57 6. Buildings and Spaces of Human Scale.........................................................................................................57 7. Relegated Parking...........................................................................................................................................57 8. Mixture of Uses...............................................................................................................................................57 9. Mixture of Housing Types and Affordability...............................................................................................58 10. Redevelopment.............................................................................................................................................58 11. Site Planning That Respects Terrain.........................................................................................................58 12. Clear Boundaries with the Rural Areas.....................................................................................................58 APPENDICES...................................................................................................................................................................59 8/31/2007 3 INTRODUCTION VISIONThe Biscuit Run Neighborhood Model District consists of 828 acres, south of the City of Charlottesville in Neighborhoods 4 and 5 of Albemarle County’s designated Development Area. Bordered to the east by Route 20 and to the west by Old Lynchburg Road, the site is conveniently located just minutes from the City of Charlottesville, the University of Virginia and Interstate 64. The limits of this rezoning include only that land designated by Albemarle County as within the Development Area and currently zoned R-1 and R-2, as shown on the rezoning map by Thomas B. Lincoln Land Surveyor, Inc. dated May 29, 2007. All residential and commercial development proposed at Biscuit Run will be within the designated Development Area. The property owner also owns approximately 402 acres of land, contiguous to the 828 acres located within the County’s designated Rural Area. Those 402 acres shall be dedicated to Albemarle County for parks and recreation purposes as provided for in the Proffers. The project is named for Biscuit Run Creek, a tributary of the Rivanna River which meanders through a portion of the site. Protecting and preserving this important natural resource is paramount to the vision for the Biscuit Run community. Parks and other open spaces are strategically placed throughout Biscuit Run to preserve the natural beauty of the site, and to provide recreational amenities. Ruins from a mid-19th century farmstead, including a family graveyard, will be preserved and protected, incorporating an historic context for the new community. Neighborhood streets and block designs will conform to the natural terrain wherever possible, reflecting the area’s characteristic rolling hills and mountain views. Combining elements such as street trees, bicycle lanes and pedestrian trails with detailed street frontage and building massing specifications will ensure that public streets are comfortable, attractive and safe. A Neighborhood Center will provide a focal point for commercial, office and community uses supporting the Biscuit Run community. Through-streets, trail systems and transit facilities will promote multi-modal interconnectivity in and out of the community. All streets within Biscuit Run will include sidewalks. A transit plan has been developed to promote transit use within Biscuit Run. 8/31/2007 4 Figure 1: Regional Context Map 8/31/2007 5 EXISTING CONDITIONS The land involved in this rezoning is made up of the following parcels: Table 1: Existing parcel information Tax Parcel I.D. Number Owner Acres Current Zoning Comprehensive Plan Designation 09000-00-00-00500 Biscuit Run, LLC & Elizabeth Breeden 195.879 R1 Neighborhood Density 09000-00-00-006D0 (portion) 488.404 R1 Neighborhood Density 09000-00-00-017D0 2.592 R1 Neighborhood Density 090A0-00-00-00300 130.074 R2 Neighborhood Density 090A1-00-00-00100 7.881 R2 Neighborhood Density 090A1-00-00-001E0 1.399 R2 Neighborhood Density 090A0-00-00-001A0 0.709 R2 Neighborhood Density 090A0-00-00-001B0 Forest Lodge LLC 0.229 R2 Neighborhood Density TOTAL 828 +/- The site is bordered to the west by Old Lynchburg Road and to the east by Route 20. Mill Creek subdivision exists to the north, consisting primarily of single family detached dwelling. Southwood mobile home park exists to the northwest. Several single family detached residential subdivisions exist west of Old Lynchburg Road including Redfields, Mosby Mountain and Mountain Valley. The project area is identified in Figure 2 on the following page, and the boundaries are specifically delineated in the General Development Plan. The 828 acres subject to this rezoning application is currently zoned R-1 and R-2, allowing low density residential development. The Comprehensive Plan designates these parcels as Neighborhood Density, which allows residential density of up to 6 dwelling units per acre. The southern portion of Parcel 90-6D, comprising 402.6 acres, is currently zoned RA, allowing uses such as rural residential, agricultural and public uses and facilities. This rural area portion of parcel 90-6D is not included in the rezoning The applicant has conducted a traffic study of the surrounding area to assess existing traffic conditions and analyze projected impacts from the proposed project. In consultation with Albemarle County and VDOT, the applicant developed a scope for the study, which is included as Appendix D. Traffic volumes were manually collected from 28 critical intersections in the vicinity, as shown on Figure 3. Volumes at an additional 6 locations were collected with mechanical counters. The transportation Proffers for the project are based on the results of the traffic study. Old Lynchburg Road southbound approaching Biscuit Run 8/31/2007 6 Figure 2: Zoning Parcel Map 8/31/2007 7 PURPOSE AND INTENT This application rezones approximately 828 acres of the parcels described previously from the R1 and R2 zoning districts to the Neighborhood Model District (NMD) zoning district, in accordance with the regulations contained in 18-20A of the Albemarle County Zoning Ordinance. This Code of Development is established in conformance with Section 18-20A.5 of the Zoning Ordinance for the purposes listed therein, and sets forth unifying design guidelines, specific zoning district regulations, permitted uses and their characteristics and the general location and appearance of central features for the district. A Neighborhood Town Center is proposed within the General Development Plan to include a variety of residential dwelling types, neighborhood-scale commercial, office and community uses to support the surrounding residential community. This Neighborhood Town Center will be located within a 10 minute walk of many of the residents of Biscuit Run. An elementary school or learning center site will also be located within Biscuit Run. Overall between 2,500 and 3,100 residential units are proposed at Biscuit Run. The 15% affordable housing standard will be addressed as specified in the Proffers. The applicant may satisfy a portion of the affordable housing commitment through cash contributions for off-site affordable housing projects, including the proposed Habitat for Humanity Southwood revitalization project, as detailed in the Proffers. A network of trails, bike lanes and sidewalks throughout Biscuit Run will enable pedestrians and cyclists to travel anywhere within the community without relying solely on an automobile. The greenway trail network along Biscuit Run Creek will be dedicated to Albemarle County for public use as a continuation of the existing trail system throughout the development area. The trail network will provide a continuous loop through the Biscuit Run site. Parks and passive recreation areas will be located within a 5 minute walking distance from residences to provide pedestrian destinations throughout the development. Existing trails will be incorporated into the trails and open space network. Anchoring a mixed type neighborhood within the site, Block 17 has been designated as a future school or learning center site. This site is conveniently located on the connector road linking Route 20 and Old Lynchburg Road. Block 17 also is located close to the Southwood neighborhood. This convenient access will make it easier for students to walk to school. If not developed by Albemarle County as a school site or learning center, Block 17 will nevertheless include community space and recreational fields as a neighborhood park, as provided in the Proffers. 8/31/2007 8 Figure 3: Traffic Study 8/31/2007 9 General Development Plan The General Development Plan lays out a framework for the development of Biscuit Run while incorporating the flexibility necessary to adapt to changing needs. The General Development Plan provides an alignment for streets, utilities and sidewalks to illustrate the feasibility of these improvements and to illustrate their relationships to one another. Conceptual grading and stormwater management plans also are incorporated within the General Development Plan. Minor variations or changes from the General Development Plan and this Code of Development will be permitted in accordance with the regulations contained in Section 8.5.5.3 of the Zoning Ordinance. Blocks Figure 4 shows the conceptual layout of blocks. Blocks are designated as groups of adjacent sub-blocks located within the same transect district. Specific development of blocks and lots, including the locations and dimensions of buildings and parking, will be determined on an individual basis at the time of each site plan review. Certain specifications for the development of each block are contained within this Code of Development. Districts The General Development Plan incorporates the transect district concept, articulated in the Neighborhood Model. The Neighborhood Center District (T5) will contain the highest density of development, with a focus on a mix of retail, commercial and residential uses. The Transitional District (T4) within Biscuit Run will provide a mix of residential types, live/work opportunities and other neighborhood support facilities and amenities such as recreational areas and community centers. The Edge District (T3) within Biscuit Run will be primarily single-family residential in nature. All of the districts are intended to provide walkable, engaging streetscapes. Typically, as the distance from the Neighborhood Center districts increases, density is incrementally reduced, with greater distance between structures. Transect districts are graphically depicted on Figure 4. Table 2: Land Use Areas Greenspace/ Amenities (ac) Transect District Block Area (ac) Street right-of-way (ac) Parks1 Greenway Passive Recreation Area Buffers T4 1 26.4 3.5 3.4 7.5 1.6 3.9 T5 2 54.8 11.0 0.6 0.0 0.0 0.0 T4 3 24.5 3.7 0.0 0.0 8.1 4.1 T4 4 58.2 9.9 5.2 0.0 13.9 0.0 T4 5 60.0 12.2 5.0 0.0 16.5 0.0 T4 6 68.7 11.4 0.4 0.0 27.3 0.0 T4 7 36.2 6.2 2.8 0.0 8.0 0.0 T3 8 70.3 4.5 2.5 23.7 22.1 0.0 T3 9 93.3 7.6 1.1 32.2 16.2 0.0 T4 10 61.6 13.8 11.0 0.0 6.4 1.2 T3 11 36.1 3.4 0.5 8.4 6.6 0.0 T3 12 42.7 4.0 3.4 10.0 11.3 0.0 T3 13 72.2 5.3 0.1 20.6 26.2 0.0 T3 14 15.1 0.0 0.0 2.4 8.4 0.0 T3 15 63.6 6.5 6.8 15.2 10.8 6.2 T3 16 29.8 6.8 1.0 0.0 1.4 5.8 T4 17 (LEARNING CENTER) 14.0 2.0 0.0 0.0 0.0 0.0 TOTAL 827.5 111.7 43.8 120.0 184.7 21.2 1 Parks include Greens, Squares, Commons, Eyebrows, and other forms of Parks. See figure 17. 8/31/2007 10 Figure 4: Block Plan 8/31/2007 11 Figure 5: Neighborhood Center District(T5) Block 2 The Neighborhood Center District located in Block 2 will be a mixed-use neighborhood designed to foster a vibrant urban environment. The formation of the blocks, walkability of the streets, placement of buildings, relegation of off-street parking within blocks, and crafting of the varied squares and open spaces all come together to create a place where casual social interaction is not only possible, but encouraged. The highest level of density allowed at Biscuit Run will be found in this district, and its uses include retail, commercial, residential and other community facilities. The maximum area of commercial uses in the project will be 150,000 square feet. The layout and orientation of the buildings and parking areas within the Neighborhood Center District are important factors in creating a functional, community-focused neighborhood center. Layout and orientation are also important factors in creating a community that is inviting to passers-by. The neighborhood center design should strive to create the pedestrian-friendly atmosphere exemplified in the illustration below rather than mimic a conventional, ‘strip’ shopping center. To help accomplish this, minimal setbacks and tight spatial enclosure ratios will ensure that the streets within this district are characterized as vibrant, active, and pedestrian-friendly. Off-street parking areas will be oriented internally to Biscuit Run and away from Route 20, To the extent possible, commercial uses will be incorporated into mixed-use street blocks rather than set apart in stand-alone structures or commercial strip areas. Stand-alone structures will be permitted, but where permitted, will be integrated with the surrounding block and road network so as to minimize large, open parking areas. The Neighborhood Center District is centrally located on the largest developable tract within the site and is therefore well connected to the rest of the entire village of Biscuit Run through the continuity of the street network, pedestrian trails and sidewalks. Its location on the east/west connector also makes it convenient to future transit service. Primary Allowable Uses*: • Single-family residential • Multi-family residential • Retail • Office *subject to provisions of Tables 3, 4 & 5 • Condominiums and Apartments • Townhouses with detached garages • Retail/ office space with surface parking • Alley access • Townhouses, single-family residences with detached garages • Mixed use buildings • Surface parking • Alley access • Retail/office with surface parking lot • Townhouses with detached garages • Alley access Example block layouts The following block layouts are provided to demonstrate potential development scenarios only. A multitude of additional options exist which may meet the requirements of this Code of Development. LEGEND MF = Apartments & Condominiums SFA = Single Family Attached SFD = Single Family Detached RO = Retail / Offices MF MF RO/MF SFA RO/MF SFA SFA SFA RO/MF RO/MF SFD RO/MF • Retail with structured parking garage • Townhouses with detached garages • Alley access RO/MF RO/MF RO/MF SFA 8/31/2007 12 Figure 6: Transitional District (T4) Blocks 1, 3, 4, 5, 6, 7, 10, 17 The Transitional District will link the higher density uses within T5 to the T3 areas. This “transition” will allow a mix of residential types and some smaller shops or live/work opportunities within neighborhoods. These Transitional Districts also may contain neighborhood-oriented facilities such as a community center, school and recreational fields or a small scale shopping or service area for residents within the neighborhood. In essence, the Transitional District forms, as its name suggests, the transition areas of the plan, balancing both the urban characteristics and natural features of Biscuit Run. • Condominiums or Apartments with surface parking lot • Single family residences • Townhouses • Alley access • Apartments with garage parking • Apartments with surface parking • Townhouses • Single family residences with detached garages • Alley access Primary Allowable Uses*: Residential: • single family residential • multi family residential • live/work opportunities • small shops *subject to provisions of Tables 3,4,&5 Example block layouts The following block layouts are provided to demonstrate potential development scenarios only. A multitude of additional options exist which may meet the requirements of this Code of Development. MF MF SFD SFD SFD SFA SFA MF MF • Single family residences of varying sizes • Single family residences of varying sizes • Townhouses • Alley access • Townhouses • Condominiums or Apartments with surface parking SFD SFD SFA MF SFA SFA LEGEND MF = Apartments & Condominiums SFA = Single Family Attached SFD = Single Family Detached 8/31/2007 13 Figure 7: Edge District (T3) Blocks 8, 9, 11, 12, 13, 14, 15, 16SFD POCKET PARK The Edge District (T3) is generally located around the perimeter of Biscuit Run and will consist of mostly single family detached dwellings. This district will contain the largest lots of the community, with greater setbacks and sizeable dwelling units, as compared to the other districts. • Single family residences with attached and detached garages with alley access • Parks • Single family residences of varying sizes, with detached garages • Alley access • Single family residences with attached garages and no alley access • Includes estate lots Primary Allowable Use*: Residential: • single family residential *subject to provisions of Table 3 Example block layouts The following block layouts are provided to demonstrate potential development scenarios only. A multitude of additional options exist which may meet the requirements of this Code of Development. SFD SFD SFD • Single family residences of varying sizes, with attached garages and alley access SFD SFD SF SF • Single family residences of varying sizes • Townhouses • Alley access SFD SFA LEGEND SFA = Single Family Attached SFD = Single Family Detached SFD 8/31/2007 14 LAND USE AND BUILDING FORM ALLOWABLE USES Residential Biscuit Run should be considered principally as a residential community with amenities and services supportive of its residents. A variety of housing types, sizes and price ranges are intended to appeal to residents of all ages and economic status. Multiple-family dwellings and attached housing will create a village atmosphere in the Neighborhood Center District and in the Transitional Districts. Single family dwellings are envisioned primarily within the Edge District thus providing consistency and continuity with uses within adjacent neighborhoods. Table 3: Allowable Residential Uses DISTRICTS/ BLOCKS CENTER DISTRICT (T5) TRANSITIONAL DISTRICT (T4) EDGE DISTRICT (T3) USES 2 1 3 4 5 6 7 10 17 8 9 11 12 13 14 15 16 Detached Single-Family Dwelling X X X X X X X X X X X X X X X X Attached Single-Family Dwelling X X X X X X X X X X X X X X X X Multiple-family dwellings X X X X X X X X X Duplexes X X X X X X X X X X X X X X X X Triplexes X X X X X X X X X X X X X X X X Quadruplexes X X X X X X X X X X X X X X X X Townhouses X X X X X X X X X X X X X X X X Atrium Houses X X X X X X X X X Accessory Apartments (in single family detached dwellings only) X X X X X X X X X X X X X X X X Home Occupation Class A X X X X X X X X X X X X X X X X Residential* Home Occupation Class B X X X X X X X X X X X X X X X X *See definitions on following page X - Allowable Use Note: Residential uses not listed here shall not be allowed within Biscuit Run. 8/31/2007 15 Definitions of Residential Uses Detached single family dwelling: A building containing one (1) dwelling unit. When pertaining to structures, denotes the absence of a physical connection to another structure by a structural element or structural feature. Attached single family dwelling: A building containing one (1) dwelling unit. When pertaining to structures, denotes the presence of a physical connection to another structure by a structural element or structural feature. Multiple-family dwellings: A structure arranged or designed to be occupied by more than two (2) families, the structure having more than two (2) dwelling units. Duplexes: A two-family dwelling or a series of attached single-family dwellings containing two (2) dwelling units. Triplexes: A multiple-family dwelling or series of attached single-family dwellings containing three (3) dwelling units. Quadruplexes: A multiple-family dwelling or series of attached single-family dwellings containing four (4) dwelling units. Townhouses: A series of attached single-family dwelling units, under single or multiple ownership, separated from one another by continuous vertical walls without openings from basement floor to roof. Atrium houses: A single-family dwelling having an open, landscaped courtyard partially or completely surrounded by living areas, which courtyard provides the main source of light and air for such dwelling Accessory apartments (in single family detached dwellings only): A separate, independent dwelling unit contained within the structure of and clearly subordinate to a single-family detached dwelling, as distinguished from a duplex or other two-family dwelling. Home occupation class A: An occupation conducted in a dwelling unit for profit in connection with which no person other than members of the family residing on the premises is engaged in such occupation. Home occupation class B: An occupation conducted in a dwelling unit, with or without the use of one or more accessory structures, for profit, in connection with which there are employed not more than two (2) persons other than members of the family residing on the premises, which persons may be in addition to such family members. 8/31/2007 16 Commercial The Neighborhood Center District will be located within Biscuit Run to increase the success of community orientated commercial enterprises. Retail shops, restaurants, cafes and offices will provide essential services to the residents of Biscuit Run and create opportunities for convenient employment. Commercial uses will be small-scale, sufficient to support the surrounding community as well as the community within Biscuit Run. To help accomplish this: • Destination-style department stores and “big-box” development will not be allowed within Biscuit Run. Other than a grocery store of up to 60,000 sq. ft., no single retail store larger than 20,000 sq. ft. will be allowed. • Commercial uses that front Route 20 shall not exceed 10,000 square feet for any single user so as to avoid the effect of large monolithic buildings ‘overlooking’ Route 20. • The east-west connector will be the main commercial street within the Neighborhood Center. At least two-thirds of the doors of the commercial uses, other than recreation uses, will be located so as to front along the east-west connector. • All off-street parking within 600 feet of Route 20 will be relegated away from Route 20 so that large parking areas may not be visible from Route 20. The 150,000 square foot limitation shall not include a community recreation center or fitness club in the Neighborhood Center District. Any community recreation center or fitness club shall not front on Route 20. Table 4: Allowable Commercial Uses DISTRICTS/ BLOCKS CENTER DISTRICT (T5) TRANSITIONAL DISTRICT (T4) EDGE DISTRICT (T3) USES 2 1 3 4 5 6 7 10 17 8 9 11 12 13 14 15 16 Antique, gift, jewelry, notion and craft shops X Barber, Beauty Shops X Central Reproduction and Mailing Services X Clothing, Apparel & Shoe Shops X Country Store < 4000 sq. ft. X Data Processing Services X Drug store, pharmacy X Eating Establishments X Establishments for the sale of office supplies and service of office equipment X Ethical Pharmacies, laboratories and establishments for the production, fitting and/or sale of optical or prosthetic appliances on sites containing medical, dental or optical offices X Farmers' Market X Fast Food Restaurant X Financial Institutions X Florist X Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and wine and cheese shops (up to 60,000 sq. ft. GFA) X Furniture & Home Appliances (sales and service) X Hardware Store X Hotels, Motels and Inns X Laundries, Dry Cleaners X Musical Instruments X Newsstands, Magazines, Pipe & Tobacco Shops X Optical Goods X Photographic Goods X Retail Nurseries & Greenhouses X Sale/service of goods associated with the principal use such as, but not limited to: musical instruments, musical scores, text books, artist's supplies and dancing shoes and apparel X X Sporting Goods X Tailor, Seamstress X Tourist Lodging X X X X X X X X X X X X X X X X Veterinary offices and hospital X Retail Visual & Audio Appliances X Offices X X X - Allowable Use Note: Commercial uses not listed here shall not be allowed within Biscuit Run. 8/31/2007 17 Civic Civic uses will be an important component of the community at Biscuit Run. The scale of civic uses will primarily support the residents of Biscuit Run. Churches, libraries and community centers are among the allowable civic uses permitted within the Districts as indicated in Table 5. Utilities and uses associated with construction are allowed in all Districts. Medical centers are not deemed an appropriate use at Biscuit Run due to their large scale and potential for generating excessive traffic. Accessory Accessory uses are allowed as indicated on Table 5. General accessory uses and storage buildings, as defined by the Albemarle County Zoning Ordinance, are allowed throughout all Districts at Biscuit Run. Drive-through windows and outdoor storage and displays are permitted only within the Neighborhood Center District, if approved through a Special Use Permit. Table 5: Allowable Civic & Accessory Uses DISTRICTS/ BLOCKS CENTER DISTRICT (T5) TRANSITIONAL DISTRICT (T4) EDGE DISTRICT (T3) USES 2 1 3 4 5 6 7 10 17 8 9 11 12 13 14 15 16 Amenity X X X Churches, Cemeteries X X X X Clubs, Lodges, Civic, Fraternal, Patriotic X Commercial Recreation Establishments X Community Center X X X X X Electric, gas, oil and communication facilities excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority X X X X X X X X X X X X X X X X X Fire and Rescue Squad Stations X X X X X X X X Health Spas X Homes for developmentally disabled persons X X X X X X X X X X X X X X X X Indoor Athletic Facilities X Indoor Theaters X Libraries, Museums X X X Nurseries, Day Care Centers X Private Schools X X X Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority X X X X X X X X X X X X X X X X X Stand alone parking and parking structures X X Stormwater management facilities shown on an approved final site plan or subdivision plat. X X X X X X X X X X X X X X X X X Temporary Construction Uses X X X X X X X X X X X X X X X X X Tier I Personal Wireless Facilities X X X X X X X X X X X X X X X X Civic and Civic Support Tier II Personal Wireless Facilities X Accessory uses and buildings including storage buildings X X X X X X X X X X X X X X X X X Drive-Through windows serving or associated with permitted uses SP Accessory Outdoor storage, display and/or sales serving or associated with a by-right permitted use, if any portion of the use would be visible from a travelway SP X - Allowable Use SP – Allowable pursuant to approval of a Special Use Permit Note: Civic and accessory uses not listed here shall not be allowed within Biscuit Run. 8/31/2007 18 DENSITY “Achieving Albemarle County’s dual goals of preserving its rural area and creating livable communities in its designated Development Areas will require a new form of development that is ultimately more urban. If the countryside is to remain beautiful and productive, the bulk of new development must locate inside the Development Areas. But these areas will not attract the needed share of development unless they are appealing and functional and offer a high quality of life for a broad spectrum of the population. The form of new development strongly influences the desirability of more dense places.” - The Neighborhood Model, Albemarle County Allowable densities at Biscuit Run have been arranged to establish a compact form of development within the County’s designated Development Area to protect the rural surroundings. Table 6 lists the allowable density for each block based on unit type and mixture of uses. Table 6: Density Maximum Units and Gross Density per Rezoning Plan 1 Maximum Units by Unit Type Single Family Multi.Family Mixed Use Townhouses Apartments DISTRICT Block Number Block Area (acres) Maximum Gross Single Family residential density (units/acre) Potential maximum total single family units Maximum Gross Multi-Family residential density (units/acre) Potential maximum total multi-family units Maximum Gross Mixed Use residential density (units/acre) Potential maximum total residential units in mixed-use development scheme Equivalent maximum residential square footage per section 20A.4.A of Albemarle County Zoning Ordinance Single Family Non-mixed-use block Mixed-use block Non-mixed-use block Mixed-use block T4 1 26.4 6 158 12 317 12 317 475,200 158 317 317 317 317 T5 2 54.8 16 877 26 1425 26 1425 2,137,200 877 1425 1425 1425 1425 T4 3 24.5 6 147 12 294 12 294 441,000 147 294 294 294 294 T4 4 58.2 6 349 12 698 12 698 1,047,600 349 698 698 698 698 T4 5 60.0 6 360 12 720 12 720 1,080,000 360 720 720 720 720 T4 6 68.7 6 412 12 824 12 824 1,236,600 412 824 824 824 824 T4 7 36.2 6 217 12 434 12 434 651,600 217 434 434 434 434 T3 8 70.3 4 281 0 0 0 0 421,800 281 0 0 0 0 T3 9 93.3 4 373 0 0 0 0 559,800 373 0 0 0 0 T4 10 61.6 6 370 12 739 12 739 1,108,800 370 739 739 739 739 T3 11 36.1 4 100 0 0 0 0 150,000 100 0 0 0 0 T3 12 42.7 4 171 0 0 0 0 256,200 171 0 0 0 0 T3 13 72.2 4 289 0 0 0 0 433,200 289 0 0 0 0 T3 14 15.1 0 0 0 0 0 0 0 0 0 0 0 0 T3 15 63.6 4 254 0 0 0 0 381,600 254 0 0 0 0 T3 16 29.8 4 119 0 0 0 0 178,800 119 0 0 0 0 T4 17 (LEARNING CENTER) 14.0 0 0 0 0 0 0 0 0 0 0 0 0 1 Overall, between 2,500 and 3,100 residential units may be constructed throughout Biscuit Run. A maximum of 150,000 sq. ft. of commercial area may be developed at Biscuit Run. 8/31/2007 19 SETBACKS Setbacks establish minimum separation requirements between buildings and adjacent uses. The setback dimensions guide the placement of buildings and help to set the character for the block and neighborhood. Table 7 provides allowable ranges for front, side and rear yard setbacks and build-to lines based on the building type contemplated. Build-to lines are provided for the fronts of buildings and minimum setbacks are provided for the rear and sides of buildings. Figure 8: Setbacks Table 7: Minimum Setbacks and Build-to Lines DISTRICT MINIMUM SETBACK/ BUILD-TO LINE T3 T4 T5 To exterior walls of all structures 12’-15’ 10’-16’ 0' - 12' FRONT BUILD-TO LINE To porch foundation 6' - 8' 4' - 8' 6' MINIMUM SIDE SETBACK 1 To exterior walls of building 6’ 4’ 0’ Attached Garage 18’ 18’ 18’ Detached Garage 4’ 4’ 4’ with alley Integral Garage 18’ 18’ 18’ MINIMUM REAR SETBACK with no alley To exterior walls of all enclosed structures 3’ 3’ 3’ Notes: 1 Side yard setbacks of at least 10 ft. shall be provided to ensure adequate fire flow clearance, but may be reduced to the quantities listed if approved by the County Fire Marshal, in compliance with section 4.11.3 of the Albemarle County Zoning Ordinance and provided there is adequate access for maintenance of structures. • Incidental architectural features (including, but not limited to porches, eaves, bay windows and chimneys) may encroach up to 4 feet over the build-to line and within any minimum required setback. • All structures shall be set back a minimum of 6’ from shared driveway paving. • Accessory structures shall not encroach into setbacks. 8/31/2007 20 LOT SIZE, STORIES AND COVERAGE Lot dimensions will vary at Biscuit Run based on the district and building type. Single family detached residential lots will be subject to the minimum lot sizes as specified in Table 8, while lot sizes for other building types are not restricted. Minimum lot frontage widths will ensure an attractive, cohesive streetscape is achieved along all blocks and adequate access is provided to all lots. Structures within the Neighborhood Center and Transitional Districts will be limited to no more than 5 stories and Edge Districts will be limited to no more than 4 stories. Maximum coverage allowed for building footprints will also vary by district. The densest blocks of Biscuit Run will be located within the Neighborhood Center District, allowing up to 100% coverage. The Transitional District will allow up to 95% of lot area to be covered by buildings, while the Edge District will allow up to 90%. Table 8: Lot Size, Stories and Lot Coverage Minimum lot size (sq. ft.) Minimum Street Frontage (ft.) Maximum Stories 1 Maximum Building Height 2 Maximum Lot Coverage (%)2 DISTRICT/ BLOCKS Single Family Detached Single family attached/ Townhouses Multi-family Non-Residential/ Mixed Use Single Family Detached Single family attached/ Townhouses Multi-family Non-Residential/ Mixed Use Single Family Detached Single family attached/ Townhouses Multi-family Non-Residential/ Mixed Use Single Family Detached Single family attached/ Townhouses Multi-family Non-Residential/ Mixed Use Single Family Detached Single family attached/ Townhouses Multi-family Non-Residential/ Mixed Use T5: Block 2 1000 no minimum no minimum no minimum 30 14 no minimum 20 3 4 5 5 5 40' 40' 60' 70' 85 95 95 100 T4: blocks 1,3,4,5,6,7,10,17 1800 no minimum no minimum no minimum 30 14 no minimum no minimum 4 4 5 4 40' 40' 60' 70' 80 90 95 no maximum T3: blocks 8,9,11,12,13,14,15,16 4000 no minimum not allowed no minimum 40 16 not allowed no minimum 3 3 not allowed 3 40' 40’ not allowed 40’ 80 no maximum not allowed no maximum Note: See Architectural standards for form, massing and proportion regulations, which provide additional requirements related to allowable stories. 1 Stories shall be measured as specified in Section 18-3.1 of the Albemarle County Zoning ordinance. Basements (with a walk-out condition on the rear side of the building only) and attics shall be allowed, but not considered stories. 2 Building height and maximum lot coverage regulations shall not apply to cantilevers, decks, patios, porches, accessory structures, trellises and other similar miscellaneous structures. Building height shall be measured as specified in Section 18-3.1 of the Albemarle County Zoning ordinance. 3 For residential uses only. Other non-residential uses have no minimum street frontage requirement. 8/31/2007 21 TRANSPORTATIONINTRODUCTION In accordance with Albemarle County’s Neighborhood Model for Development, Biscuit Run is designed to accommodate and facilitate multi-modal transportation. Provision is made specifically for pedestrian usage, bicycling, and transit. By planning for all of these modes of transportation, Biscuit Run strives to reduce vehicle trips and provide a means of travel for all segments of its population. These modes of transportation are to be considered in the design of streets alongside planning for vehicular traffic. Street and traffic improvements to accommodate vehicular traffic are also provided for with the development. PEDESTRIAN NETWORK Biscuit Run will provide a thorough network of pedestrian travelways including sidewalks and trails, as depicted on the Pedestrian Plan. This network will provide routes for residents to walk between neighborhoods and to public places such as the Neighborhood Center or the Learning Center, as well as provide recreational opportunities. Sidewalks are provided throughout the built areas of Biscuit Run. They should be separated from the curb of the streets with a tree planting strip. Trees should generally be placed approximately 40 feet on center to provide a continuous tree canopy shading the sidewalks. On-street parking on many streets will create a buffer between traffic and pedestrians that promotes a greater feeling of security for pedestrians. Trails will be provided within open space areas and parks. The trails will facilitate movement of pedestrians between neighborhoods in Biscuit Run. They will also provide for recreation, permitting residents to experience and enjoy the Preservation and Conservation Areas within Biscuit Run. They will also ultimately provide access to off-site public trails, including the Rivanna Trail. The trail system in Biscuit Run will include a Greenway Trail and a Perimeter Trail. The Greenway Trail will be an 8’ wide multi-use trail. It will provide for both pedestrian and bicycle circulation within Biscuit Run and a connection to the proposed County trails north of the Biscuit Run. The Perimeter Trail will be constructed to the County’s primitive trail standard, and will be focused on recreational use. A section of the Perimeter Trail from the Mill Creek South subdivision to the proposed District Park is also known as the “Linking Trail.” This Linking Trail will be constructed at the onset of development of Biscuit Run to ensure a trail connection to the Park exists throughout the course of site construction. TRANSIT Biscuit Run is a Transit Oriented Development (TOD) that is designed to accommodate transit as an integral part of the development. Biscuit Run employs principles of TOD designed to maximize the use of transit and reduce vehicle trips and dependency on automobiles for transportation within the development and among the larger community. These principles include: provision of relatively high residential density; construction of a dense, mixed-use Neighborhood Center; and creation of walkable neighborhoods in proximity to transit facilities. Biscuit Run will provide transit stops with bus shelters at regular intervals along the main east-west road and at other locations within the development that lie on transit routes, as generally shown on the Transit Plan. An example of a typical bus shelter is illustrated on the Transit Plan. Over 90 percent of the dwelling units within Biscuit Run will be within a five minute walk of a transit stop. Ample right of way will be provided for specially marked bus pull-off areas at these transit stops. In addition, a “Kiss & Ride” facility will be included within the Neighborhood Center that creates a convenient place for drop-off and pick-up of transit riders, with temporary parking provided. A “Park & Ride” facility for use by commuters accessing transit, trails or carpools will also be provided within the Neighborhood Center. All transit facilities will be constructed to meet applicable public standards. Until such time as public transit is extended to the Biscuit Run development, the Biscuit Run community will be provided with an interim transit service in accordance with the Proffers. This interim service, when begun, will connect to and supplement then-existing public transit service. 8/31/2007 22 STREETS Careful consideration will be given to the design of streets to ensure their character furthers the goals of the Neighborhood Model for development. Street alignments shall be in general accord with the General Development Plan, subject to the minor variations to approved street alignments allowed by Zoning Ordinance Section 18-8.5.5.3. Typical street and alley cross sections which depict street types are provided within the General Development Plan. The connector road proposed to traverse Biscuit Run from Scottsville Road (Route 20) to Old Lynchburg Road (Route 631) will serve as the “Main Street” for Biscuit Run. The street type of this connector road may vary along its length as may be appropriate for the character of each block. (See sheet 4 of the General Development Plan.) This connector road may be a two lane divided road with parking in areas such as near the Learning Center. A divided road will not be required in the Neighborhood Center where a more urban feel with tighter spatial enclosure is desired. All public streets shall provide zone-appropriate sidewalks, planting strips and/ or concrete curb and gutter in compliance with VDOT standards and County street requirements. Streets may include pull-offs as necessary to accommodate transit stops and parking. Street furniture and lighting shall be provided at transit stops. Streets in Biscuit Run shall be dedicated to public use, with the exception of alleys and parking areas, which may be privately maintained. Private alleys and parking areas shall be determined at the time of development of individual blocks. Three roads are proposed to cross Biscuit Run stream and its tributaries, as shown on the General Development Plan. Separate Special Use Permits for each of these stream crossings will be secured. The owner/ developer shall be responsible for the construction of all crossing improvements. Figure 9: Transit Routes For illustration purposes only – see General Development Plan sheet 4 for details. 8/31/2007 23 The walkability of Biscuit Run is predicated on the establishment of safe pedestrian routes. Accordingly, traffic calming techniques may be implemented where deemed appropriate by the owner, County Director of Community Development, and VDOT in order to maximize the safety of pedestrians and bicyclists. The following traffic calming measures, among others, may be incorporated into individual site plans. • Chokers • Center islands • Crosswalk refuges • Raised crosswalks • Alternative pavement treatments • Other techniques as determined by the Owner, VDOT and County Director of Community Development. Table 9 lists specifications for each street. Street trees shall be planted along all public streets. Such trees shall be selected from the recommended planting list attached as Appendix C, subject to VDOT approval and planted along all public streets. OFF-SITE TRAFFIC IMPROVEMENTS Off-site traffic improvements will be provided for by the applicant, as specified in the Proffers. These off-site improvements will include a connection between Biscuit Run and Old Lynchburg Road through the adjacent Southwood neighborhood, the precise alignment of which will be determined in cooperation with the developer of the Southwood neighborhood and Albemarle County, in general accord with the General Development Plan. Alternate paving materials may be employed as a traffic calming measure. 8/31/2007 24 8/31/2007 25 26 Table 9: Street specifications See sheet 4 of the General Development plan for specific road alignments and cross section details. Street Section Type (see General Development Plan) Public or Private Traffic Flow Travel Lanes Bike Lanes Parking Lanes Median Route 20 to Road Z I Public 2 way 2 2 2 0 Road Z to Road EE II Public 2 way 2 2 2 yes Road EE to Road N III Public 2 way 2 2 1 yes Road N to NW project boundary II Public 2 way 2 2 2 yes Road A NW project boundary to Old Lynchburg Rd. III Public 2 way 2 2 1 yes Road C to just west of Road N IV Public 2 way 2 0 2 0 Just west of Road N to Road BB V Public 2 way 2 0 1 0 Road B Road BB to Route 20 VI Public 2 way 2 0 1 0 South end of Road C to Road FF VI Public 2 way 2 0 1 0 Road FF to just south of Road GG IV Public 2 way 2 0 2 0 Just south of Road GG to Road N VI Public 2 way 2 0 1 0 Road N to Road B IV Public 2 way 2 0 2 0 Road C Road B to Road B VII Public 1 way 1 0 1 0 Road C to Road B V Public 2 way 2 0 1 0 Road B to Road OO VI Public 2 way 2 0 1 0 Road OO to Road OO VII Public 1 way 1 0 1 0 Road D Road OO to Old Lynchburg Road IV Public 2 way 2 0 2 0 Road CCC to Road MM VI Public 2 way 2 0 1 0 Road MM to Road QQ VII Public 1 way 1 0 1 0 Road E Road QQ to Road G IV Public 2 way 2 0 2 0 Southeastern end of Road F at Road A to Road W IV Public 2 way 2 0 2 0 Road F Road W to Road P VII Public 1 way 1 0 1 0 Road D to Road PP IV Public 2 way 2 0 2 0 Road PP to just south of end of Road G V Public 2 way 2 0 1 0 Road G Just south of Road G to end of Road G VII Public 1 way 1 0 1 0 Road H ALL IV Public 2 way 2 0 2 0 Southern end of Road I to southern end of Road H IV Public 2 way 2 0 2 0 Southern end of Road H to northern end of Road H VII Public 1 way 1 0 1 0 Road I Northern end of Road H to northern end of Road I IV Public 2 way 2 0 2 0 Road J ALL VII Public 1 way 1 0 1 0 Road K ALL IX Public 2 way 0 yes yes 0 Road L ALL VII Public 1 way 1 0 1 0 Road M ALL IV Public 2 way 2 0 2 0 Road F to A VIII Public 2 way 2 0 2 yes Road A to FF IV Public 2 way 2 0 2 0 Road N Road FF to B VI Public 2 way 2 0 1 0 27 Table 9: Street specifications (continued) Street Section Type (see General Development Plan) Public or Private Traffic Flow Travel Lanes Bike Lanes Parking Lanes Median Road A to Road F V Public 2 way 2 0 1 0 Road O Road F to Q IV Public 2 way 2 0 2 0 Road O to Road W VI Public 2 way 2 0 1 0 Road P Road W to southern project boundary IV Public 2 way 2 0 2 0 Road W to south end of Road O IV Public 2 way 2 0 2 0 Road Q South end of Road O to Road O VI Public 2 way 2 0 1 0 Road R NOT USED Road S ALL IV Public 2 way 2 0 2 0 Road T ALL IV Public 2 way 2 0 2 0 Road U ALL IV Public 2 way 2 0 2 0 Road V ALL IV Public 2 way 2 0 2 0 Road W ALL IV Public 2 way 2 0 2 0 Road X ALL IV Public 2 way 2 0 2 0 Road BB to Road A IV Public 2 way 2 0 2 0 Road Y Road A to Road U VII Public 1 way 1 0 1 0 Road Z ALL IV Public 2 way 2 0 2 0 Road AA ALL VI Public 2 way 2 0 1 0 Road P to Road U IV Public 2 way 2 0 2 0 Road BB Road U to Road A VII Public 1 way 1 0 1 0 Road CC NOT USED Road DD NOT USED Road EE ALL VI Public 2 way 2 0 1 0 Road C to Road N VI Public 2 way 2 0 1 0 Road FF Road N to Road B IV Public 2 way 2 0 2 0 Road GG ALL V Public 2 way 2 0 1 0 Road HH ALL IV Public 2 way 2 0 2 0 Road II Road N to Road JJ V Public 2 way 2 0 1 0 Road JJ ALL VII Public 1 way 1 0 1 0 Road KK ALL V Public 2 way 2 0 1 0 Road LL ALL V Public 2 way 2 0 1 0 Road D to east end of Road NN VI Public 2 way 2 0 1 0 East end of Road NN to west end of Road NN VII Public 1 way 1 0 1 0 West end of Road NN to Road E VI Public 2 way 2 0 1 0 Road MM Road E to Road RR VII Public 1 way 1 0 1 0 Road NN ALL VII Public 1 way 1 0 1 0 Road OO ALL VII Public 1 way 1 0 1 0 Road QQ to west of Road TT VI Public 2 way 2 0 1 0 Road PP West of Road TT to Road G IV Public 2 way 2 0 2 0 28 Table 9: Street specifications (continued) Street Section Type (see General Development Plan) Public or Private Traffic Flow Travel Lanes Bike Lanes Parking Lanes Median Old Lynchburg Road to Road RR IV Public 2 way 2 0 2 0 Road QQ Road RR to Road E VII Public 1 way 1 0 1 0 Road CCC to Road MM IV Public 2 way 2 0 2 0 Road RR Road MM to Road QQ VII Public 1 way 1 0 1 0 Road F to Road A V Public 2 way 2 0 1 0 Road A to eastern end of Road J IV Public 2 way 2 0 2 0 Eastern end of Road J to southern end of Road J VII Public 1 way 1 0 1 0 Road SS Southern end of Road J to Road SS V Public 2 way 2 0 1 0 Road E to Road D V Public 2 way 2 0 1 0 Road TT Road D to Road PP VI Public 2 way 2 0 1 0 Road UU ALL IV Public 2 way 2 0 2 0 Road VV ALL IV Public 2 way 2 0 2 0 Road WW ALL VI Public 2 way 2 0 1 0 Road XX ALL V Public 2 way 2 0 1 0 Road YY ALL VIII Public 2 way 2 0 2 yes Road ZZ ALL VIII Public 2 way 2 0 2 yes Old Lynchburg Road to just north of end of Road AAA V Public 2 way 2 0 1 0 Road AAA Just north of end of Road AAA to end of Road AAA VII Public 1 way 1 0 1 0 Road BBB Road AAA to Road A V Public 2 way 2 0 1 0 Road CCC ALL VI Public 2 way 2 0 1 0 Road DDD ALL IV Public 2 way 2 0 2 0 Note: All roads shall be designed in accordance with VDOT’s Road Design Manual 8/31/2007 29 MF SFA MF SFD R0/MF R0/MF MF MF MF RO/MF SFD MF MF PARKING In an effort to achieve a compact, walkable community where open spaces are maximized, it is important to strike a balance between ensuring adequate parking and avoiding excessive, under-utilized parking that wastes space and results in community blight. Parking principles espoused by the Neighborhood Model will be encouraged, including on-street parking, shared parking and the use of alleys. Parking throughout Biscuit Run shall comply with Section 18-4.12 of the Albemarle County Zoning Ordinance, subject to specific waivers as may be approved by the County Planning Commission. A variety of off-street parking measures shall be implemented. Single family residential units shall include on-site garage parking, while multi-family, mixed use and non-residential structures may utilize individual or shared garages and shared lots. All parking, other than on-street parking, shall be hidden from street view where practicable, so as to leave the public realm of the street pedestrian-friendly. Specifically, parking lots for businesses and multi-family structures shall be located behind front facades to be screened by walls and landscaping. Alleys shall provide access to rear-loaded parking. Shared parking between uses shall be encouraged. On-street parking shall be allowed throughout the community to reduce the demand for off-street parking. Parking on streets may be included in the overall required parking calculations for individual uses. On-street parking, of course is subject to approval by VDOT and the County Director of Community Development. Curb cuts for driveway access shall be minimized. Figure 10: Potential Parking Configurations • Surface parking • Shared parking between opposite uses ALLEYLEGEND MF = Apartments, Condominiums, Townhouses SFA = Single Family Attached SFD = Single Family Detached RO = Retail/ Offices Note: These potential parking configurations are provided to illustrate the range of alternatives available for on-site parking at Biscuit Run. A multitude of additional options exist which may meet the requirements of this Code of Development, but which are not illustrated here. • Surface parking • Alley access • Shared parking between opposite uses • Rear-loaded garages for single family residences and townhouses • Front-loaded single family residences and / or townhouses Public streets shall generally include sidewalks, planting strips and on-street parking to create a pedestrian-friendly streetscape. • Podium or partial parking below multi-family buildings is possible, especially to absorb changes in topography. 8/31/2007 30 ENVIRONMENTAL RESOURCES WETLANDS AND FLOODPLAIN Wetlands and floodplains contain highly productive ecosystems supporting a wide variety of plants and animals. Floodplains, streams, and wetlands combine to form a complex, dynamic physical and biological system supporting a multitude of water resources. Figure 11 shows boundaries of designated wetlands, streams, and floodplain located within the limits of Biscuit Run. These areas constitute transition zones between land and water, acting as important watershed features. They provide a community with natural flood and erosion control, natural water filtering processes, a wide variety of habitats for plant and animal communities, places for recreation and scientific study, and potential historic sites. Biscuit Run Creek, a tributary of the Rivanna River provides a valuable scenic and environmental resource. It is also classified as a perennial stream along with its tributary that runs eastward along the boundary of the Development Area adjacent to the proposed District Park, and with the tributary that runs west through the development to intersect with Old Lynchburg Road. Because these streams are classified as perennial steams, a minimum 100 foot stream buffer must be maintained in accordance with the Albemarle County Water Protection Ordinance. Development is prohibited in these areas, other than road crossings with a special use permit. The Biscuit Run design contemplates the preservation and protection of these existing areas, recognizing their unique contributions to the ecology of the site. Floodplain areas are designated along the Biscuit Run Creek corridor, as well as along several contributing streams. Approximately 120 acres of land are located within the greenway at Biscuit Run. In addition, over 42,000 linear feet of streams and approximately 7 acres of wetlands lie within the project limits. An effort has been made to avoid impacts to these floodplains, streams and wetlands, by providing additional green buffers along feature perimeters, limiting stream crossings, designing stream crossings to span the stream and floodway, and reducing the density of the development. Figure 11: Wetlands and Floodplain For illustration purposes only – see General Development Plan sheet 5 for details. 8/31/2007 31 CRITICAL SLOPES The Albemarle County Zoning Ordinance defines critical slopes as areas of terrain with slopes in excess of 25%. Albemarle County discourages impacts to critical slopes because they may result in increased movement of rock and soil, increased potential for erosion, and siltation of natural water bodies. There are two distinct classifications for critical slopes: environmentally valuable and incidental. At the time of submittal of individual site plans, critical slope waivers will be submitted for approval of all critical slope impacts. Environmentally Valuable Environmentally Valuable critical slopes often naturally occur adjacent to resources such as streams and waterways. Impacts to such naturally created critical slopes are to be avoided in order to minimize earth movement and construction activities that could result in erosion and sedimentation of their associated environmental resources. Incidental A slope analysis of a site’s topography may indicate other slopes in excess of 25% which are not associated with an environmental resource, and therefore deemed “incidental.” These may also occur as a result of man-induced earth movement. Impacts to these areas are less critical than impacts to areas with slopes greater than 25% along environmental resources. Figure 12: Critical SlopesFor illustration purposes only – see General Development Plan sheet 8 for details. 8/31/2007 32 HISTORIC RESOURCES The Biscuit Run site is characterized by rolling hills and ridges surrounding the Biscuit Run stream valley. A small portion of its area consists of cleared land used for pasture or other agriculture activities while a majority of its area is wooded. The property was likely extensively timbered and plowed over the past 300 years, being the site of several farmsteads. Figure 13: Potential Archaeological Resources A Phase IA Cultural Resources Assessment, completed in 2006, confirmed the location of several former farmsteads and dwelling sites, and other sites with potential to contain historical, cultural or archaeological resources. Several of these locations were previously documented by the Virginia Department of Historic Resources (DHR), as generally illustrated on Figure 13 and more specifically identified on Sheet 8 of the General Development Plan. A complete Phase I Cultural Resources Assessment is being undertaken to further investigate whether additional potential sites with historic, cultural or archeological resources may be present on the Biscuit Run property. Sites with the potential of containing historic, cultural or archaeological resources will be reviewed to determine their eligibility for the National Register of Historic Places. Biscuit Run will respect the area’s historically and archaeologically valuable resources. Any sites eligible for the National Register of Historic Places will be preserved. Remnants of a 19th century farmstead and old family cemetery located in Block 12 as shown on the Application Plan (Sheet 2 of the General Development Plan) will be preserved within a park area, thus offering a window into the lives of past inhabitants and their uses of the Biscuit Run site. Sites within preservation or conservation areas will to the extent practicable, be left undisturbed. Those sites within developable areas of Biscuit Run with potential historic or archaeological resources that are not eligible for National Register of Historic Places may be documented before any disturbance. See Proffers for details. For illustration purposes only – see General Development Plan sheet 8 for details. 8/31/2007 33 OPEN SPACE Biscuit Run promotes the broad use and accessibility of open space. The Neighborhood Model emphasizes making open space integral to overall community design to promote convenient access to parks, public gathering places and natural views. Figure 14: Open Space Biscuit Run embodies all these goals through open space areas such as greenways, trails, commons, a recreation yard, greens, squares, closes, eyebrows and pocket parks dispersed throughout the plan. Figure 14 illustrates the areas devoted to Parks, Greenway, Passive Recreation Areas, and Buffers. Over 20% of the project area will be devoted to green space. Amenities, in the form of parks, will also comprise at least 20% of the development area. Amenities shall be installed in conjunction with the implementation of the approved site plans for the respective blocks in which they are located. Table 10 provides a quantitative list of the minimum areas to be devoted to each type of open space. Table 10: Green Spaces and Amenities Note: Additional green spaces and amenities may be provided within the boundaries of blocks and shall be designated at the time of site plan/ subdivision plat submittal. These additional areas shall be owned and maintained by the Biscuit Run Homeowners Association. The Greenway shall be dedicated to Albemarle County. The Parks, Buffers and Passive Recreation Areas shall be owned and maintained by the Biscuit Run Homeowners Association. AREA (acres) PERCENTAGE OF TOTAL PROJECT AREA AREA (acres) PERCENTAGE OF TOTAL PROJECT AREA Greenway 120.0 14% 120.0 14%Parks 43.75%43.75%Passive Recreation Areas 184.7 22% 0.0 0%Buffers 21.2 3% 0.0 0%TOTAL 369.645%163.720%LAND USE GREEN SPACE AMENITYFor illustration purposes only – see General Development Plan sheet 5 for details. 8/31/2007 34 CONSERVATION AND PRESERVATION AREAS Conservation and Preservation Areas have been delineated in the General Development Plan. These areas are comprised of the greenway, passive recreation areas and buffers. Conservation Areas consist of areas which may contain natural features such as non-tidal wetlands, floodplain, slopes identified in the open space element of the Comprehensive Plan, or streams and stream buffers, within which only limited disturbance or development is allowed. Disturbances that may occur within conservation areas include construction and maintenance activities associated with utilities, trails, streets, stormwater management facilities and erosion and sediment control measures, and similar uses of similar impact. Preservation Areas consist of areas which contain natural features such as non-tidal wetlands, floodplain, streams and stream buffers that are to be preserved in a natural state and not be developed with any manmade feature, other than trails. Tree preservation measures described in Appendices A and B shall apply to Conservation and Preservation areas. Figure 15: Conservation and Preservation Areas For illustration purposes only – see General Development Plan sheet 3 for details. 8/31/2007 35 GREENWAY The Greenway serves a dual purpose to ensure the preservation of environmentally sensitive areas along Biscuit Run Creek, while providing pedestrian access to the riparian environment. The Greenway encompasses the land within the 100 ft. stream buffer along the perennial streams and wetlands and the land located within the adjacent floodplain. Where fragile natural systems exist, access will be designed, maintained and managed to minimize impact. The Biscuit Run Greenway will link neighborhoods as well as connect the site to adjacent properties. In addition, the Greenway will become an important element of the comprehensive trail network at Biscuit Run, encompassing existing trail routes and planned new routes. The Greenway trail system shall be developed as an 8 foot wide multi-use to shared-use path in accordance with table 6-5 of the Albemarle County Design Standards Manual. The owner shall consult with the County on the pedestrian trail design and routing to ensure that all elements are acceptable to the County. County Parks and Recreation staff shall be consulted to determine trail connections to surrounding neighborhoods, locations of pedestrian bridges, standards for trail design and amenities, and to develop an appropriate management plan for environmentally sensitive wetland areas. The Greenway trail along the Biscuit Run floodplain shall be dedicated to Albemarle County for public use in accordance with the Proffers. Figure 16: Greenway For illustration purposes only – see General Development Plan sheet 5 for details. 8/31/2007 36 PARKS Parks are dispersed throughout Biscuit Run, as shown on the General Development Plan, to provide easily accessible active green areas. These informal spaces have different characteristics due to their placement and configuration. While primarily open lawn, these spaces can accommodate additional garden elements such as planting beds, lawn panels, benches, and ornamental flowering trees. They also may accommodate various public functions and gatherings, as well as informal recreational activities such as reading, throwing a frisbee, or walking a dog. Parks include the following: - The Commons: a public park of 2-5 acres that is clearly defined, possibly irregular in shape, and available for civic gatherings and unstructured recreation. A mix of residential, commercial, and civic buildings front on all sides. - The Recreation Yard: a public space associated with a public facility that is designed and equipped for larger scale recreation. - The Square: a public space usually no larger than a block at the intersection of significant thoroughfares used primarily for civic purposes. Buildings front it on all sides. - The Green: an open space within a neighborhood or block for unstructured recreation. Building facades surround it. - The Pocket Park: a small green shaped to absorb an idiosyncrasy in the road pattern. - The Eyebrow: a green space created by the splitting of a street. The space becomes an occupiable area with one-way traffic on each side. - The Close: instead of a cul-de-sac, a close is a green surrounded by a driveway or a narrow street. It provides vehicular access to several buildings and it also provides a socially useful green space that is visually accessible to the neighborhood. All these areas encourage interactive living environments by providing opportunities for the residents to engage with one another. Historic features located within the pocket park for Block 13 will be preserved, including installing barriers to protect such features from human activity. Figure 17: Parks For illustration purposes only – see General Development Plan sheet 5 for details. 8/31/2007 37 The Recreation Yard 8/31/2007 38 LEARNING CENTER It is possible that the increase in population generated by the Biscuit Run development may contribute to the need for construction of a new elementary school. In response to this possible need, the owner has designated Block 17 as a location for a future Learning Center. This site is conveniently located on the east / west road connecting Route 20 and Old Lynchburg Road, and is also located close to the Southwood neighborhood and other existing residential neighborhoods. Convenient access is provided for buses and pedestrian routes are provided for students to travel between the learning center and nearby homes in neighboring developments as well as those students in the Biscuit Run neighborhood. This Learning Center site will also share recreational fields and community space with the neighborhood that will be available for public use after the school program on weekdays. Approximately 12 usable acres will be donated to Albemarle County for development of a school or learning center within Block 17. Utilities and off-site stormwater management will be provided to the site in accordance with the General Development Plan, and the Proffers. Figure 18: Learning Center Site Safe pedestrian routes will be provided to the proposed learning center site. For illustration purposes only – see General Development Plan sheet 2 for details. 8/31/2007 39 PASSIVE RECREATION AREAS Many areas on the Biscuit Run site shall be maintained in a natural state and be designated as passive recreation areas. These areas will provide scenery and views reminiscent of Biscuit Run’s rural heritage. These areas may include manmade features such as stormwater management facilities and trails. Passive Recreation areas may include areas, such as critical slopes, where natural terrain and vegetation will remain undisturbed. Tree preservation measures outlined in Appendices A and B will be followed where needed to protect areas intended to remain undisturbed. Limited maintenance of these areas shall be permitted, such as to remove dead or dying trees. Any areas cleared for main-tenance purposes shall be replanted with native trees and plants from the list contained in Appendix C. Passive recreation areas may be dis-turbed for con-struction of any permitted uses such as stormwater man-agement facilities or trails, or for maintenance pur-poses. Any dis-turbance of such areas shall commence only after County approval of a grading plan, stormwater management plan, erosion control plan, road construction plan, landscaping plan or final site plan that includes a replanting plan and a conservation plan with a Conservation Plan Checklist (See Appendix A). Passive recreation areas that have been disturbed will be promptly replanted at the conclusion of disturbance, in accordance with the approved plan using plantings of native trees and plants from the list contained in Appendix C. Figure 19: Passive Recreation Areas For illustration purposes only – see General Development Plan sheet 5 for details. 8/31/2007 40 BUFFERS Significant areas within Biscuit Run shall remain undeveloped in order to create natural buffers with adjoining uses. Two of these buffers will help to preserve the rural character and natural views from Scottsville Road (State Route 20) and Old Lynchburg Road (State Route 631), both of which are County-designated Entrance Corridors. A third buffer will serve to screen Mill Creek South subdivision from the developable areas of Biscuit Run Scottsville Road (Route 20) Buffer As shown on the General Development Plan, a buffer will be provided and maintained along State Route 20. This buffer will be designed to reflect the rural character of the farms along the corridor, which are characterized by open pasture separated by rustic fencing, hedgerows and limited forest stands. The existing rustic trail through the buffer will be maintained and expanded as necessary to provide a continuous perimeter trail around Biscuit Run. To the extent practicable, the buffer will be left in its present state to preserve the natural features of the land unless necessary grading, utility installation and erosion and sediment control requirements for adjacent portions of the property dictate otherwise. Areas of the buffer that must be disturbed during development of Biscuit Run will be promptly replanted at the conclusion of disturbance with native species from the list contained in Appendix C. All replanting within the buffer areas will follow the Guidelines promulgated by the County’s Architectural Review Board (the “ARB”). Any disturbance solely associated with maintenance and improvement of the perimeter trail will not trigger the obligation to replanting in accordance with such guidelines. Old Lunchburg Road (Route 631) Buffer A 150-foot buffer will also be provided and maintained along Old Lynchburg Road, as depicted on the General Development Plan. This buffer will be designed to preserve a stretch of the dense forest that presently characterizes Old Lynchburg Road. The Biscuit Run perimeter trail will extend through the forested sections of the buffer along Old Lynchburg Road. The southernmost section of the buffer will acknowledge the entrance to the Polo Grounds located adjacent to Biscuit Run with a more open, pastoral design in lieu of dense plantings. To the extent practicable, the buffer will be left in its present state to preserve the natural features of the land unless necessary grading, utility installation and erosion and sediment control requirements dictate otherwise. Areas of the buffer that must be disturbed during development of Biscuit Run will be promptly replanted at the conclusion of disturbance with native species from the list contained in Appendix C. Mill Creek South Buffer A buffer area will be provided and maintained between Biscuit Run and the Mill Creek South subdivision as generally shown on the General Development Plan. This buffer shall be a minimum of 200 feet in width. To the extent practicable, the buffer will be left in its present state to preserve the natural features of the land unless necessary grading, utility installation and erosion and sediment control requirements dictate otherwise. Areas of the buffer that must be disturbed during development of Biscuit Run will be replanted at the conclusion of disturbance with native species from the list contained in Appendix C. Tree preservation measures described in Appendices A and B shall apply to the Buffers. Maintenance of the buffers will be provided by one or more future property owners’ associations. Area along the Entrance Corridors that are within the stream buffer along Biscuit Run Creek tributary will be subject to the additional requirements detailed in the Greenway section of this Code of Development, and will be dedicated to the County for public use and maintenance. Figure 20 and the following cross sections illustrate the entrance corridor buffers. 8/31/2007 41 Figure 20: Entrance Corridor Buffers 8/31/2007 42 8/31/2007 43 8/31/2007 44 8/31/2007 45 8/31/2007 46 Proposed Sidewalk and Bicycle Path Connection to Mill Creek Neighborhood with emergency vehicular access and possible future street connection. Proposed Connection to Mill Creek 8/31/2007 47 PHASING A Phasing Diagram has been established for the Biscuit Run development that outlines discrete geographic areas of the development that may reasonably be expected to be developed at one time. The Phasing Diagram serves at least two purposes: the timing of certain infrastructure improvements committed to in the Proffers is linked with the relevant phase or phases within the development, and phases may also be referenced in individual erosion and sediment control plans for disturbed areas within Biscuit Run, as provided in the Proffers. Eight phases, labeled A through H, are established as illustrated on the Phasing Diagram. This Phasing Diagram is not intended to dictate a continuing sequencing of areas to be developed; however, development of Phases A and D shall be commenced prior to other phases along with construction of the Connector Road and access to the proposed District Park. Furthermore, no more than two (2) phases may be developed simultaneously, except as described herein. The Owner may commence two phases initially, but may not commence a third phase until eighty percent (80%) of the developable area within any one of the two initial phases is platted (as evidenced by the recording of a final subdivision plat approved by Albemarle County). The Owner may proceed thus with development of the other phases, keeping a maximum of two phases open for development (with less than 80% of the developable area within a phase platted) at any one time. For the purposes of this Phasing Diagram, ‘developable area’ within any phase shall exclude Conservation Areas, Preservation Areas, Parks, Passive Recreation Areas, school sites, championship or other ball fields, roads, utilities, Greenway, Buffers, and areas dedicated to non-residential uses within the Neighborhood Center District. Notwithstanding anything contained herein, construction of roads, utilities, school improvements, school sites, championship or other ball fields, storm water management facilities, trails and other Greenway improvements is not limited to a particular phase and may occur at any time, regardless of location, consistent with the Proffers. The limit on the size and configuration of any phase may be adjusted, and the overlapping of grading into adjacent phase areas may be permitted at the request of the Applicant as approved by the Director of Community Development. Commencement of a particular phase shall occur upon the approval of any final site plan or the recordation of any final subdivision plat creating more than one new lot for residential occupancy within such phase. Recordation of a subdivision plat dividing up to two parcels containing the existing Breeden residence, its curtilage or immediately adjacent acreage in Block 11 from the residue of Biscuit Run shall not be deemed to commence a Phase. GRADING Due to the density of the proposed development and the existing terrain, initial grading of streets alone is not practicable. Therefore grading of developable areas will include both streets and building areas along with other areas such as those used for stormwater management purposes. It is important to note that over 165 acres (20 percent) of Biscuit Run will be designated as Preservation Areas and will not be disturbed, while 165 acres (20 percent) will be in Conservation Areas where disturbance will be minimized. Approximately 498 acres (60 percent) of Biscuit Run will be developable for residential or other uses, and this developable area is confined into smaller contiguous areas by the Preservation and Conservation Areas. Several other steps will be taken to mitigate potential impacts of grading. First, Priority Development Areas are established as shown on the Phasing Diagram. Planned development within these Priority Development Areas will be constructed at the beginning of development of any Phase in which they are located. By developing these Priority Development Areas first, they will serve to, in part, screen views from Scottsville Road (Route 20) and Old Lynchburg Road (Route 631) of areas internal to the site that will be graded. Second, park areas planned within areas to be graded in Phase A will be replanted as soon as practicable. These areas to be replanted are identified on the Phasing Diagram. Early replanting of these areas with trees and groundcover will serve to mitigate the visual impact of grading. Finally, a schedule for grading will be submitted in accordance with the Proffers. This schedule will enable County agencies to better assess planned grading and propose erosion and sediment control measures beyond those required under the County’s erosion and control ordinance, as provided for in the grading performance standards included in the Proffers. Each site plan/subdivision application shall include an overlot grading plan that shows grading of streets, lots and open space, subject to the approval of the County Director of Community Development. No grading shall be conducted within stream buffers, except for stream crossings subject to Albemarle County approval. Specific criteria for overlot grading plans are listed in the proffers for Biscuit Run. Compacted fill for building construction, topsoil and grass shall meet County Erosion and Sediment Control standards. 8/31/2007 48 8/31/2007 49 STORMWATER MANAGEMENTThe General Development Plan contains conceptual information on the preliminary layout and design of stormwater management facilities. Final locations and specifications for these facilities shall be selected based on state regulations with respect to jurisdictional wetlands, in addition to detention and removal requirements. All stormwater management facilities shall be subject to approvals from jurisdictional state agencies in addition to the Albemarle County Director of Community Development, and may be revised from their depiction on the General Development Plan as needed to comply with all applicable regulations. Preliminary stormwater management facilities and proposed grading shown in the General Development Plan illustrate the applicant’s intent to utilize existing ponds and drainage facilities where feasible. Additional stormwater management facilities and erosion control devices will be incorporated into individual site plans as needed to comply with Albemarle County engineering requirements, and where appropriate exceed state-mandated standards, as detailed in the Proffers. LOW IMPACT DEVELOPMENT Low Impact Development (L.I.D.) techniques are an alternative to conventional stormwater management techniques, with the objective of handling stormwater runoff closer to its source, reducing the need for extensive infrastructure and creating a more aesthetically pleasing environment. LID seeks to maintain the pre-existing hydrologic conditions of a site. Biscuit Run will incorporate concepts of Low Impact Development to help meet stormwater management requirements. Because County Engineering and Design Standards have not fully evolved at the time of the rezoning, LID concepts implemented at Biscuit Run will nevertheless have to meet with the approval of the Albemarle County Director of Community Development, and in accordance with the Proffers. The first goal of LID is to avoid the environmentally sensitive areas such as floodplains, wetlands, streams, critical slopes, and highly permeable soils. The layout of Biscuit Run was developed with the protection of these environmental resources in mind. During the design process, disturbance was moved out of the stream corridors and away from the critical slopes, stream crossings were minimized. The overall density of the development was reduced to protect more of the environmental features of the development. The second goal of Low Impact Development is to maintain the existing hydrologic characteristics of the site. This may be implemented by a series of localized stormwater detention systems as opposed to larger regional downstream facilities from the developed area. Biscuit Run will incorporate LID methods such as bio-filters, vegetative swales, rain gardens, rain barrels, infiltration areas, and buffers to achieve water quality and localized detention of runoff. Also, the natural resources throughout the development can serve as filtration which helps maintain the existing hydrology of the site in conjunction with treating runoff from impervious area within the development. Biscuit Run will incorporate a mixture of Low Impact Devel-opment tech-niques and conventional stormwater management techniques to meet the stormwater management requirements for the property. This combination for controlling the stormwater discharge from the development area will protect the natural and environmental areas around the development and downstream of the property. 8/31/2007 50 8/31/2007 51 UTILITIES The provision of adequate utility infrastructure is a critical aspect of any development. Improvements to public water and sanitary sewer facilities should be designed so that existing public utility customers are not affected. Biscuit Run is located within Albemarle County’s designated Development Area, and the jurisdictional area for water and sewer service. Furthermore, Biscuit Run is unique in that existing utility facilities have already been established by the surrounding developments to adequately accommodate the potential future development of this site. A 12”-24” trunk sanitary sewer has been installed across the Biscuit Run property to serve the existing development to the west. This trunk sanitary sewer should be adequate to handle to the future development of the Biscuit Run property. As a safe-guard, however, the applicant has reached an agreement with the Albemarle County Service Authority to upgrade elements of the Biscuit Run interceptor, should that facility prove inadequate for full build-out of the community. A water tower was installed within the Mosby Mountain/Mountain Valley development to the west and a water tower is being constructed within the Avon Park development to the east. These two water towers in conjunction with the 20” waterline located in the right of way just north of the property are adequate to serve all of Biscuit Run’s water demands. These facilities were designed to serve development within the jurisdictional area. All utilities at Biscuit Run shall be located underground. The General Development Plan and Figure 21 provide the conceptual design of water and sanitary sewer facilities. Figure 21: Utilities For illustration purposes only – see General Development Plan sheet 9 for details. 8/31/2007 52 ARCHITECTURAL STANDARDS Biscuit Run will implement a variety of architectural styles and treatments, consistent with trends of the region. The standards provided here are intended to define the elements of architecture that will ensure a high quality development of differing styles which complement one another and co-exist compatibly. An architectural review board will be established for the community of Biscuit Run at the time of the first subdivision plat approval and recordation of covenants and restrictions. All structures will be subject to review by the Biscuit Run Architectural Review Board to ensure that conformity with the architectural and landscaping guidelines is achieved. As specified in section 18-20A.5.g of the Albemarle County Zoning Ordinance, the following standards are established for various elements of architecture and streetscapes. FORM, MASSING, PROPORTION Table 8 summarizes the number of stories permitted and the proportion of building coverage allowed for each block. Massing of all structures shall be rectangular or polygonal, as appropriate for the architectural style chosen. In order to create streetscapes which achieve the goals for each district, building height and massing shall be further determined by the distance each building is separated from other buildings across a thoroughfare. The ratio of the distance between building eave or parapet height and primary building faces across a thoroughfare is referred to as the spatial enclosure ratio. Spatial enclosure affects street character perceived by pedestrians and motorists. In general, tighter spatial enclosures can relate to more comfortable pedestrian environments. The following spatial enclosure ranges shall be applicable to each district: ALLOWABLE RANGE OF SPATIAL ENCLOSURE RATIOS [X:Y] – refer to Fig. 19 DISTRICT MINIMUM MAXIMUM T3 1:2 1:1.85 T4 1:2 1:1 T5 1:1.85 1:0.7 XY Figure 19: Spatial Enclosure Diagram 8/31/2007 53 ARCHITECTURAL STYLES A variety of architectural styles are allowed, consistent with regional trends, as specified below. ALLOWABLE ARCHITECTURAL STYLE DISTRICT 19th/ 20th century commercial Classical Victorian Colonial revival Vernacular Craftsman T3 X X X X X T4 X X X X X T5 X X X MATERIALS, COLORS AND TEXTURES All districts shall allow the following exterior wall materials: • Wood • Stucco • Masonry board • Synthetic stucco • Brick • Stone • Vinyl All districts shall allow the following roofing materials: • Asphalt shingles • Slate • Metal roofing (sheet metal roofing with exposed fasteners shall not be allowed Note: Within the T4 and T5 districts, membrane roofing may be used for construction of flat roofs. ROOF FORM AND PITCH The following is a description of roof characteristics permitted for each allowable architectural style: Architectural Style 19th/ 20th century commercial Classical & Colonial Revival Victorian, Vernacular Craftsman Roof Characteristics Flat roof with parapet wall or shallow hip (4:12 – 6:12) with cornice True classical: gables (5:12 to 7:12). Revival: (7:12 up to 12:12) Dormer hips allowed. Steeper pitched gables (minimum 6:12 up to 12:12 and 14:12 on Gothic). Dormer hips allowed. Low to moderate pitched gables and hip roofs (4:12 to 7:12) on main block and dormers. 8/31/2007 54 ARCHITECTURAL ORNAMENTATION Design of various architectural features is dependent on the style of architecture chosen. The following table summarizes the general guidelines for design of various architectural features. Architectural Style Ornamentation Characteristics 19th/ 20th century commercial Classical & Colonial Revival Victorian, Vernacular Craftsman Roof Line Classical profiles at eaves, comices, rake trim, cornerboards. Minimal overhangs are allowed Classical profiles at eaves, comices, rake trim, cornerboards. Overhangs 4” – 12”. See classical and colonial revival. Overhangs can be > 12”. Eaves may be open or boxed with brackets Building Base Brick water tables or wood skirt-boards with drip cap. Materials Wood, brick, stone. Synthetic trim materials (i.e. Fypon or Azek) subject to review by Homeowners’ Association. Columns/ posts Flat or classical, square or round. Ionic or Doric (typ.) square or round. Turned square or round. Brackets allowed. Railings Metal or wood, flat, turned, vertical or pattern Cut wood ornamental grips and balusters. Wood with simple geometries for grips and pickets. FAÇADE TREATMENTS AND FRONTAGES The following façade treatment and frontage elements shall characterize the styles of architecture permitted at Biscuit Run. Architectural Style Façade Treatment 19th/ 20th century commercial Classical & Colonial Revival Victorian, Vernacular, Arts and Crafts Windows Single and multi-pane (Typical 5:8 and 3:5 ratios between the pane’s horizontal and vertical dimensions) Proportions may be more vertical, horizontal, square Multi-pane (Typical 5:8 and 3:5 ratios between the pane’s horizontal and vertical dimensions) Horizontal and square lights by review. Single and multi-pane (proportions can be more vertical) Unique patterns allowed. Trim Profile or flat. Various widths. Profile or flat. 2” – 3 ½” wide (typ.) Profile or flat, decorative drip caps and headers. Up to 6” wide. Entrances/ Walks Awnings, colonnades, arcades. Porches, porticos and stoops. LIGHTING All outdoor lighting throughout Biscuit Run, inclusive of all land use categories, shall be subject to the lighting regulations found in Section 18-4.17 of the Albemarle County Zoning Ordinance. 8/31/2007 55 STREETSCAPE TREATMENTS Sidewalks and Bicycle Facilities Ample sidewalks ensure a pedestrian-friendly environment and will be provided on every street throughout Biscuit Run. As noted in the general Development Plan, five foot sidewalks and bike lanes will be provided on all main roads. Trees Street trees shall be provided throughout Biscuit Run, in planting strips, as specified in the General Development Plan. A recommended list of species is provided Appendix C. Spacing of street trees shall occur uniformly along T5 blocks, but may become more irregular as residential density decreases toward the edge (T3) districts. Street trees shall be planted at 2 ½” caliper minimum, 40’ on center for at least 500 ft. from Route 20 and Old Lynchburg Road along all roads which intersect the entrance corridors. Final selection of species for street trees shall be subject to VDOT approval. Street Furniture/ Lighting Within the T5 district, street furniture and lighting shall be provided regularly, including trash receptacles, benches and bicycle racks. These amenities will provide services for patrons of the businesses located in these areas and foster a pedestrian-oriented streetscape. Streets within the T4 district shall provide fewer items of street furniture and lighting, mirroring the reduction in density occurring within the adjacent blocks. The T3 district shall provide few, if any street furniture and/or lighting. 8/31/2007 56 COMPLIANCE WITH THE NEIGHBORHOOD MODEL DISTRICT PRINCIPLES The applicant’s plan for Biscuit Run embraces the principles of the Neighborhood Model created by Albemarle County. The following summarizes Biscuit Run’s conformity with the Neighborhood Model District principles. 1. Pedestrian Orientation As the population in Albemarle County steadily increases each year, additional strains on automobile transportation infrastructure is anticipated. With increased traffic congestion residents will continue to seek alternative forms of transportation and means of reducing vehicle trips. Biscuit Run seeks to proactively meet these future needs through a variety of solutions. A range of transportation options for residents of all ages is provided in the plan including pedestrian, bicycle and automobile routes. Meandering street geometries, well placed parks, and pedestrian scaled streets will create and enhance visual interest, slow traffic and result in safer pedestrian mobility. Pedestrian access is a top priority in the development, with sidewalks planned for every street and trails connecting green spaces and parks throughout. Emphasis has been placed on ensuring streetscapes are comfortable and inviting for pedestrians by establishing spatial enclosure ratios and street tree requirements. Streets have been designed to accommodate modes of public transportation by maximizing through routes and minimizing dead end streets. The design of sidewalks and streets accommodates the needs of both pedestrians and bicyclists 2. Neighborhood Friendly Streets and Paths Travelways for both pedestrians and vehicles throughout Biscuit Run will provide a neighborhood-friendly atmosphere. Street sections will include a minimal pavement width, but sufficient to accommodate projected traffic demands and acceptable to VDOT. Narrow streets will foster lower vehicle speeds and contribute to the sense of enclosure in the public space. Street trees will further contribute to the neighborhood feel of streets. Parallel parking and plantings will provide a safe and comfortable “pedestrian zone” along sidewalks. Pedestrian sidewalks and trails will be linked throughout the development area, connecting to sidewalks and trails on adjacent parcels. The safe, attractive network of pedestrian facilities will result in a walkable community where pedestrians are prioritized and protected. 3. Interconnected Streets and Transportation Networks Interconnectivity has been a guiding principle for the design of Biscuit Run. The plan embodies traditional neighborhood development strategies by providing through connections at nearly every street. In keeping with Albemarle County’s vision for transportation improvements in the area, the application proposes a through connection linking Old Lynchburg Road to Route 20, crossing Biscuit Run Creek. Vehicles accessing the development will have the option of utilizing entrances to the north, east or west. Opportunities for connections to adjacent parcels are provided and will be implemented as the County sees fit. Parks and green spaces will be located within a 5 minute walk from nearly every residence, and commercial districts will provide services within walking distance as well. In addition the development will be designed as a transit ready development. 8/31/2007 57 4. Parks and Open Space Open spaces and parks are dispersed throughout the plan to provide outdoor amenities and recreational areas within an easy walking distance to all residents. Green spaces and passive recreational areas are planned along stream buffers and within floodplains, as depicted on the General Development Plan. In addition, many neighborhood parks are planned throughout the development such that all residents are within a five minute walk to a park or open space. (This will provide visual relief from the density of development, and create areas for residents to experience nature, relax and meet.) 5. Neighborhood Centers Biscuit Run has one distinct mixed-use district where residential and commercial co-exist to create a well-defined neighborhood retail center. This district is designed to allow taller buildings and varying uses at a higher density to create a lively, urban center in Biscuit Run. Community centers, a school/learning center site, parks, opportunities for churches, additional amenities and live/work opportunities are located across the development area to provide central gathering spaces and a sense of place throughout all of the neighborhoods in the development. 6. Buildings and Spaces of Human Scale Various strategies have been employed to ensure streetscapes accomplish the goals established for each district. Spatial enclosure ratios have been established to control the sense of comfort pedestrians have on public streets. Denser districts will allow taller buildings in relation to the width of streets and setbacks, while blocks designated for lower levels of density shall be more spacious and open. Tighter spatial enclosure ratios create more vibrant, lively pedestrian environments. Street trees and on-street parking will further contribute to this sense of scale and enclosure. Detailed architectural and design standards dictate the appearance and massing of structures from public view. Adherence to the standards set forth will ensure buildings complement the natural scenery, employ authentic architecture and contribute to attractive streetscapes. 7. Relegated Parking The Code of Development contains specific standards for relegated parking. At the time of site plan submittal for each section of the development, specific parking arrangements will be reviewed for conformity with these standards. In general, residences will include garages, which will be accessed via alleys wherever practical. Curb cuts for driveway access will be minimized. Parking lots for businesses and multi-family structures will be located behind front facades and will be further screened by walls and/or landscaping. On-street parking will be allowed, as designated in the General Development Plan. 8. Mixture of Uses One of the most effective means of accomplishing this demand involves the proximity of trip destinations to residences. The location of services and places of employment near residential neighborhoods encourages walking and bicycle travel as viable modes of transportation. Biscuit Run has been designed to provide a unique Neighborhood Center District within the planned development area. Within this district, non-residential uses will be allowed such as retail shops, eating establishments, and professional offices. This district will provide both employment opportunities and services for the residents of Biscuit Run, reducing the need to travel outside Biscuit Run. 8/31/2007 58 9. Mixture of Housing Types and Affordability The Code of Development specifies a range of allowable housing types including apartments and condominiums, townhouses, single family residences, duplexes and accessory apartments. These unit types will transition between types in a way that compliments the architecture of each neighborhood. As recommended by the Neighborhood Model, fifteen percent (15%) affordability will be achieved, as stated in the Proffers for the project. 10. Redevelopment Does not apply to this Rezoning. 11. Site Planning That Respects Terrain The design of Biscuit Run has been based on the natural topography of the site, with the goal of minimizing land disturbance and avoiding the majority of critical slope impacts, where possible. Streets and districts have been set up to follow the varying topography, with green spaces encompassing and enhancing significant natural features. Low Impact Development techniques will be utilized to minimize the area needed to manage stormwater runoff and treatment. 12. Clear Boundaries with the Rural Areas The entire perimeter of Biscuit Run is designed with sensitivity to uses beyond its boundaries. Each edge is designed with a specific intent to interact, compliment, and enhance the rural area and adjacent development surrounding Biscuit Run. A large buffer is designed along Route 20 to preserve views for the rural highway and the rural areas immediately to the east. 8/31/2007 59 APPENDICES APPENDIX A: Conservation Plan Checklist APPENDIX B: Virginia Erosion and Sediment Control Handbook: Tree Preservation Guidelines APPENDIX C: Recommended Planting List APPENDIX D: Traffic Study Scope Attachment F – Biscuit Run Mapping of Protected Stream Buffers and Critical Slopes Park / Ball Field Area per Attachment B Attachment G– Biscuit Run Estimated Field Space with Grading and Protection of Environmental Sensitive Areas Return to exec summary Effective Field Area Page 1 of 5 Culpeper District Albemarle County Monthly Report February 2012 Special Issues Superstructure Replacement Project Rte 743—bridge over Jacobs Run. The road will be closed to through traffic at the bridge for a two week period beginning Monday, March 26, 2012. The project has an estimated completion date of April 6th, 2012. District Office personnel will be contacting County Officials in the next few weeks in regards to scheduling the upcoming meetings for discussion of the preliminary Six-Year Plan. US 250 Shadwell Bridge Replacement over the Buckingham Branch Rail Road— Contractor started construction on the underside of the bridge in December and utilities are being relocated. VDOT Public Affairs Office is in contact with County Public Affairs Personnel to coordinate the expected May bridge closure. Preliminary Engineering PROJECT LAST MILESTONE NEXT MILESTONE AD DATE Route 691, Jarman’s Gap Bike lanes and sidewalk improvement Construction Underway Construction Complete – September 2012 January 2011 Route 53 Safety Project – Shoulder Widening 0.4 Mi E. of Monticello Loop Road Preliminary Design Design Public Hearing – February 2, 2012 February 2013 Route 53 Safety Project – Shoulder Widening 0.06 Mi E. of Monticello Loop Road Preliminary Design Design Public Hearing – February 2, 2012 February 2013 Route 53 Safety Project – Intersection Improvements at Route 20 Preliminary Design Design Public Hearing – February 2, 2012 February 2013 Route 708, Dry Bridge Road Bridge Replacement over RR Design Public Hearing Right of Way – January 2012 May 2013 Route 53 Safety Project – Intersection Improvements at Route 729 Preliminary Design Design Public Hearing – April 2012 October 2013 *Dates to be determined following evaluation of Scoping Team comments. Page 2 of 5 Albemarle County Monthly Report Continued February 2012 Preliminary Engineering Continued: PROJECT LAST MILESTONE NEXT MILESTONE AD DATE Route 616, Black Cat Road Bridge Replacement over RR Survey Preliminary Design – Winter 2012 March 2014 Route 677, Broomley Road Bridge Replacement over RR Survey Preliminary Design – Winter 2012 December 2014 Route 637, Dick Woods Road Bridge Replacement over Ivy Creek Survey Preliminary Design – Winter 2012 December 2014 Route 250, Bridge replacement over Little Ivy Creek Project Kick-off Survey – Spring 2012 January 2018 Route 762, Rose Hill Church Lane, Unpaved Road Project Scoping Construction Spring 2012 Route 704, Fortune Lane, Unpaved Road Project Scoping Advertisement March 2012 Route 672, Blufton Road, Unpaved Road Project Scoping Advertisement April 2012 Route 608, Happy Creek Road, Unpaved Road Project Scoping Advertisement March 2012 Brocks Mill Road, Rural Addition -- Project Scoping – Spring 2012 * Route 774, Bear Creek Road, Unpaved Road -- Project Scoping –2016 * Route 703, Pocket Lane, Unpaved Road -- Project Scoping –2016 * *Dates to be determined following evaluation of Scoping Team comments. CITY OF CHARLOTTESVILLE: PROJECT LAST MILESTONE NEXT MILESTONE AD DATE Jefferson Park Avenue Bridge Replacement Construction Underway Construction Complete – Summer 2012 August 2010 Page 3 of 5 Albemarle County Monthly Report Continued February 2012 Construction Activities  Bridge Repairs (NFO) BRDG-967-040, N501 Scope: Bridge Repairs - District Wide (Term 2). Next Major Milestone: Completion of Term 2 Work. Contract Completion Date: February 7, 2012.  Pipe Rehabilitation (NFO) BRDG-967-045, N501; BRDG-967-062, N501 Scope: Pipe Rehab in Culpeper, Louisa, Madison, Albemarle, Fauquier, Orange, and Rappahannock Counties. Next Major Milestone: Contract completion. Contract Completion Date: April 29, 2012.  Guardrail Repair GR07-967-096, N501 Scope: Guardrail repairs – on call – District wide. Next Major Milestone: Contract completion. Contract Completion date: July 1, 2012.  McIntire Road U000-104-102, C501 Scope: Construct New Two Lane Road, Bridge and Pedestrian Path. Next major Milestone: Design revision provided to contractor, ongoing pricing negotiations Contract Completion: June 10, 2013.  JPA Bridge Replacement U000-104-V09, C501 Scope: Replace Bridge and Approaches over Railroad. Next Major Milestone: Complete Bridge. Contract Completion Date: August 24, 2012.  Jarmans Gap Road (NFO) 0691-002-258, C501 Scope: Grade, Drain, Asphalt Pavement, Planting and Utilities. Next Major Milestone: Complete Phase Two. Contract Completion: September 21, 2012.  Route 250 Bridge over Buckingham Branch Railroad (NFO) BRDG-002-797,B644 Scope: Substructure repair and superstructure replacement. Next major milestone: Substructure work ongoing, Route 250 shutdown Spring 2012 Contract Completion Date: August 17, 2012.  Bridge Deck Repair and Polymer Overlay (NFO) 0029-002-044, N501, N502 Scope: Patch decks and epoxy overlay on the Route 29 Bypass over Route 29. Next Major Milestone: Resume Work in the Spring after the Winter Shutdown. Contract Completion Date: August 20, 2011. Estimated Completion Date: Summer 2012 Page 4 of 5 Albemarle County Monthly Report Continued February 2012 Traffic Engineering Studies  Completed  Route 1670 (Ashwood Blvd. at Thornridge) School crossing study completed and recommended for installation with ADA ramps and walkways and 25 MPH school zone flashers.  Route 677 (Broomley Rd/Old Ballard Rd) Multi-way “Stop” evaluation. Completed; no change recommended. Upon review of the intersection a multi-way stop is not warranted at this location due to the lack in traffic volume and crash history has shown there were no reported crashes at this intersection in the past 3 years.  Route 601 (Garth Rd) at Route 658 (Barracks Farm Rd) – Intersection safety review study complete. Sign installation pending.  Route 706, Dudley Mtn Road from Route 631 (Old Lynchburg Rd) to Route 708 (Red Hill Rd) – Speed study complete- a 35mph speed zone. Sign installation pending.  Route 631(E Rio Road) at Route 768 (Penn Park Rd.) – Study to review the addition of pedestrian phasing to the traffic control signal at the intersection. Pedestrian phasing not recommended due to lack of pedestrian facilities. Study recommends a pavement marking adjustment for the through movement at the signal. Pavement marking installation pending.  Route 643 (Proffit Rd.) and Route 649 (Polo Grounds Road) Intersection safety review complete. Awaiting sign installation.  Route 606 and Towncenter Drive Sight distance review. – Review completed; recommended trimming of vegetation to improve sight distance, and re-install pavement markings through intersection. Awaiting pavement markings.  Under Review  Route 643 (Rio Mills Road) from Route 743 (Earlysville Road) to Route 29 (Seminole Trail) Speed study. - Draft complete; final pending.  Route 250 near Boars Head Inn Guardrail review. - In Progress.  Route 601 (Garth Rd) from Route 654 to Route 676 Engineering speed study in progress.  Route 784 Advisory speed sign review in progress.  Route 6 (Irish Road) at Route 627 (Porters Road) Intersection Study. Request was received by BOS member, Duane Snow, after receiving concerns from constituents. This location was reviewed with him last week. Page 5 of 5 Albemarle County Monthly Report Continued February 2012 Traffic Engineering Studies  Under Review continued  Route 631 (Old Lynchburg Road) Speed Study beyond the 4 lane sections south of I-64 to Route 708 (Red Hill Road). This was reviewed with BOS member, Duane Snow. There is currently no posting of this section. Maintenance Activities Ongoing routine maintenance activities. David Crim Virginia Department of Transportation Charlottesville Residency Administrator 701 VDOT Way Charlottesville, VA 22911 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Photosafe Program-One Year Summary SUBJECT/PROPOSAL/REQUEST: One-Year Overview of Photosafe Program STAFF CONTACT(S): Messrs. Foley, Elliott, Davis, Tevendale, and Sellers LEGAL REVIEW: Yes AGENDA DATE: February 1, 2012 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: REVIEWED BY: BACKGROUND: On December 12, 2010, the Police Department activated the County’s Photosafe Program. This highway safety camera system currently captures incidents involving the running of red light traffic signals for all southbound lanes of Seminole Trail and all eastbound lanes of Rio Road only. DISCUSSION: Crash Data: As projected, crashes due to red light violations for these 2 approaches to the Seminole Trail and Rio Road intersection have declined since the establishment of the Photosafe Program. Early in the evaluation period, there was some concern about the potential for an increase in rear end collisions, but the statistics show this did not occur. 0 1 2 3 4 2010 2011 Crashes Due to Red Light Running (S. Seminole Trail) Crashes Due to Red Light Running (South Seminal Trail) 0 2 4 6 8 2010 2011 Rear End Collisions (West Rio Road) Rear End Collisions (West Rio Road) 0 1 2 3 4 2010 2011 Crashes Due to Red Light Running (West Rio Road) Crashes Due to Red Light Running (West Rio Road) 0 5 10 15 2010 2011 Rear End Collisions (S. Seminole Trail) Rear End Collisions (South Seminal Trail) Rear End Collisions (South Seminole Trail) Crashes Due to Red Light Running (South Seminole Trail) AGENDA TITLE: Photosafe Program-One Year Summary February 1, 2012 Page 2 Incident Data: Incidents Captured Rejected by Vendor Sent to PD for Review Rejected by PD Summons Issued Fines Collected Less Vendor’s Fee Southbound Seminole Trail (all lanes; 2 cameras) 3,652 988 786 1,878 West Rio Road (all lanes; 1 camera) 7,581 2,386 564 4,631 TOTAL 11,233 3,374 6,509 1,350 5,159 $90,458.45 NOTE: For the Rio Road camera, the highest number of summons issued were for right turn on red violations. Staffing-Hours: Based on average time spent on reviewing incidents and court preparation for a one -year period for two officers. Review of Incidents Court Preparation Time Time Spent in Court 120 Hours 300 Hours 24 Hours Court Cases: Average monthly caseload, the actual number of people who show up for court and for cases that are dismissed. Court Cases Set for Docket (monthly) Cases Contested (monthly) Dismissed Cases (monthly) 220 8 2 NOTE: Dismissed cases were for people who appeared in court and claimed that they were not the driver of the vehicle at the time of the violation. There were no cases dismissed because the judge did not agree with an officer’s assessment of the violation. ADDITIONAL INFORMATION: The West Rio Road camera was not operational for a two-week period in mid-September due to a repaving operation by VDOT. Once that work was completed, VDOT, County Engineers and the vendor re-surveyed the road to ensure that the lines and camera sensors were as they were during the initial installation. During the down period, no summonses were issued. The program is requiring an intensive investment of staff time to administer; however, representatives from the Police Department, the County Attorney’s Office and the General District Court are in the process of reviewing the administrative procedures for court processing to try to streamline it and reduce the number of staffing hours. Under the County’s current agreement with Redflex, the vendor charges a monthly flat fee of $4,900 for each approach (there are two approaches for the intersection). That fee is paid from the fines collected and the remainder of fines are returned to the County to be used to support traffic safety initiatives. Of the nine counties in Virginia that have full-service police departments, Albemarle County ranks as one of the most dangerous places to drive in terms of injury crashes and fatality rates. Revenue generated from the Photosafe Program is being used exclusively for enhancing traffic safety in an effort to reduce crashes. Some examples of current and planned expenditures include:  DUI goggles for driver impairment education  Mobile variable message boards  Stealth Stat (used for evaluating traffic issues and measuring results of enforcement/education programs)  Lidar units for speed detection  Educational materials for public awareness related to driver safety  Portable traffic barricades  Crash Data Retrieval (CDR) reader/software upgrades and training for the purpose of enhancing traffic officers’ capabilities for downloading data from automobile black boxes (used for serious and fatal crash investigations)  Opticoms for the police motorcycles (used to enhanced safety during escorts & motorcades)  Training manuals/materials related to teen drivers to be used by traffic officers when teaching drivers education classes in the high schools  Handout material for bicycle safety AGENDA TITLE: Photosafe Program-One Year Summary February 1, 2012 Page 3  Public safety announcements for TV and Radio  Safety banners for schools or special events with focused messages related to driver safety awareness RECOMMENDATIONS: Staff recommends that the Board continue the Photosafe Program. Return to agenda MEMBER TERM EXPIRES NEW TERM EXPIRES WISH TO BE RE-APPOINTED? DISTRICT IF MAGISTERIAL APPOINTMENT ACE Appraisal Review Committee Joseph Samuels 12/31/2011 12/31/2012 Ineligible (Member from ACE Committee) Agricultural & Forestal District Advisory Council Steve Murray 4/17/2012 4/17/2016 No To be advertised Peter Hallock 4/17/2012 4/17/2016 Yes Can be reappointed ARB William Daggett 11/14/2012 Resigned Advertised, 2 applications recv'd Following applications received:for one vacancy Linda Porterfield John Quale Local Board of Building Code Appeals Raymond Gaines 11/21/2011 11/21/2016 No Advertised, No applications recv'd Crozet Community Advisory Council Charles Mitchell 3/31/2013 Resigned Advertised for all vacancies Crozet Community Advisory Council Michael Marshall 3/31/2012 3/31/2014 Ineligible No applications recv'd Crozet Community Advisory Council Brenda Plantz 3/31/2012 3/31/2014 Yes Can be reappointed Crozet Community Advisory Council Tim Tolson 3/31/2012 3/31/2014 Ineligible Crozet Community Advisory Council Meg West 3/31/2012 3/31/2014 Yes Can be reappointed Crozet Community Advisory Council Nancy Virginia Bain 3/31/2012 3/31/2014 Ineligible Crozet Community Advisory Council Jessica Mauzy 3/31/2012 3/31/2014 Ineligible Crozet Community Advisory Council Jon Mikalson 3/31/2012 3/31/2014 Ineligible Crozet Community Advisory Council William (Bill) Schrader 3/31/2012 3/31/2014 Ineligible Community Policy and Management Team Vacant, Parent Rep.Three year term Vacant Advertised, No applications recv'd Equalization Board Rosa Hudson 12/31/2011 12/31/2012 Ineligible, (Scottsville) Advertised, No applications recv'd Fire Prevention Board of Appeals Raymond Gaines 11/21/2011 11/21/2016 No Advertised, No applications recv'd Fire Prevention Board of Appeals Christopher Dumler 11/21/2012 Resigned JAUNT Board Robert Burke, Jr.9/30/2013 Deceased Advertised, 1 application received Following application received: Frances Hooper Jefferson Area Disability Services Board Amber Capron 6/30/2013 Resigned Advertised, 1 application recv'd Following application received: Susan Jacobson Places29 Community Advisory Council Joseph Barnes 1/31/2013 Resigned Advertised, No applications recv'd Planning Commission Duane Zobrist 12/31/2011 12/31/2013 Resigned Advertised, 6 applications recv'd Following applications received:for one vacancy A. Bruce Dotson Kenton Dunn Arthur Edwards John C. Lowry Linda Porterfield Paul Wright Planning Commission Tom Loach 12/31/2011 12/31/2015 No, (White Hall)Advertised, 1 application recv'd Following application received: James Fulcher Police Department Citizens Advisory Committee Clarence W. Roberts 3/5/2012 3/5/2014 Ineligible Advertised, 4 applications recv'd Police Department Citizens Advisory Committee for 1 vacancy Police Department Citizens Advisory Committee John Springett 3/5/2012 3/5/2014 Yes Can be reappointed Police Department Citizens Advisory Committee Lloyd Wood 3/5/2012 3/5/2104 Yes Can be reappointed Police Department Citizens Advisory Committee Kimberly Higgins 3/5/2012 3/5/2014 Yes Can be reappointed Following applications received: Stanley Cook Gary Grant Herbert Harback Bucky Walsh PRFA Joseph Henley 12/13/2011 12/31/2014 No Advertised, No applications recv'd Region Ten Community Services Board Christopher Dumler 6/30/2012 Resigned Advertised, 3 applications recv'd Following applications received:for 1 vacancy Deborah Baker Thomas Cooke Paul Newland Rivanna Solid Waste Authority Cit. Adv. Comm.Jeffery Greer 12/31/2010 12/31/2012 Ineligible, Joint City/County Advertised, No applications recv'd Rivanna Solid Waste Authority Cit. Adv. Comm.Steven Janes 12/31/2011 12/31/2013 Yes Can be reappointed Rivanna Solid Waste Authority Cit. Adv. Comm.Vincent Day 12/31/2011 12/31/2013 Yes Can be reappointed Social Services Board Wanda Kucera 12/31/2011 12/31/2015 No, (Scottsville)Advertised, 1 application recv'd Following application received: Nancy Carpenter Social Services Board Claude Foster 12/31/2011 12/31/2015 No, (White Hall)Advertised, No applications recv'd Revised 01/24/2012 School Board Recognition Month WHEREAS, it is the mission of the Albemarle County School Division to provide all students with the best possible education; and WHEREAS, the School Board sets the direction for our community’s public schools by envisioning the community’s education future and putting into place a system for students to learn and achieve at the highest level possible; and WHEREAS, the key work of school boards includes taking action to create a vision for what students should know and be able to do; to establish clear standards for student performance; to ensure that student assessments are tied to established standards; to be accountable to the community for operating schools that support student achievement; to align school district res ources to ensure that students meet standards; to create a climate assuring safe and orderly classrooms; to build collaborative relationships to solve common problems; and to ensure continuous improvement; and WHEREAS, excellence in the classroom begins with excellence in the board room; and WHEREAS, serving on the School Board requires an unselfish devotion of time and service to carry on the mission and business of the school division; NOW, THEREFORE, I, Ann H. Mallek, Chair, on behalf of the Albemarle County Board of Supervisors, do hereby declare our appreciation to the members of the Albemarle County School Board and proclaim the month of February 2012, as SCHOOL BOARD RECOGNITION MONTH in the County of Albemarle and urge all citizens to join us in recognizing the dedication and hard work of our School Board members and in working with them to mold an education system that meets the needs of both today's and tomorrow's children. Signed this 1st day of February 2012. Return to agenda COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Department of Social Services Advisory Board Annual Report SUBJECT/PROPOSAL/REQUEST: Receive FY2011 Annual Report STAFF CONTACT(S): Messrs. Foley, Elliott, and Davis, and Ms. Ralston LEGAL REVIEW: Yes AGENDA DATE: February 1, 2012 ACTION: INFORMATION: x CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: Pursuant to Va. Code Ann. § 63.2-300, all counties in Virginia are required to establish a local board to oversee the provision of social services to its residents. The Board established the Albemarle County Department of Social Services Advisory Board in 1997. One of its required duties is to make an annual report to the Board, concurrent with the Department’s budget presentation, concerning the administration of the public welfare program. DISCUSSION: The FY2011 Annual Report provides a summary of the Department’s programs and services, including the number of cases in each program area for the year coupled with stories of those served. Also included are the Department’s Key Performance Indicators and its unaudited finances. Of particular note in this report are the large increases in the number of individuals served through the Department’s Benefit Programs including the Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance to Needy Families (TANF), Energy Assistance, and Medicaid. New to the report this year is a section discussing the Family Preservation Program and the Department’s front office (FOCUS) operation. BUDGET IMPACT: Funding for the Department of Social Services is included in the County’s annual operating budget. RECOMMENDATIONS: Staff recommends that the Board accept the FY2011 Department of Social Services Advisory Board’s Annual Report. ATTACHMENTS A – DSS FY 11 Annual Report Return to agenda albemarle county 2011 Annual Report|Presented by Social Services Advisory Board Department of Social Services This FY 2011 Annual Report was designed, developed, and produced solely by the Staff and Advisory Board of the Albemarle County Department of Social Services. In consideration of the current budget conditions, minimal copies of this report have been printed. NOTE: CONTENTS ADVISORY BOARD LETTER AND HIGHLIGHTS 3 AGENCY KEY PERFORMANCE INDICATORS 4 SERVICES AUXILIARY GRANTS/GENERAL RELIEF 5 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) 6 ENERGY ASSISTANCE 7 TEMPORARY ASSISTANCE TO NEEDY FAMILIES (TANF) 8 MEDICAID/LONG-TERM CARE 9 MEDICAID AT UVA HOSPITAL 10 COMPANION SERVICES 11 ADULT SERVICES 12 FAMILY PRESERVATION 13 FOSTER CARE 14 ADOPTION SERVICES 15 CHILD PROTECTIVE SERVICES 16 CHILD CARE SERVICES 17 CAREER CENTER 18 VIRGINIA INITIATIVE FOR EMPLOYMENT NOT WELFARE (VIEW) 19 BRIGHT STARS 20 FAMILY SUPPORT 21 FOCUS 22 BUSINESS SERVICES 23 LETTER FROM THE ADVISORY BOARD We are pleased to present the Department of Social Services Annual Report for FY 2011. We appreci-ate the opportunity to share some of the results of the public services provided to the residents of Albemarle County. It is an honor for us to serve in this capacity. This year the annual report introduces the department’s new logo and tag line. The department’s embrace of Listening to the need and finding solutions together has resulted in many accomplish-ments over the past year. Following are some examples: • Implemented Family Partnering Meetings for select child protection & foster care cases resulting in increased family participation and ownership of family functioning. • Maintained timely performance objectives in our Benefit Programs despite a continuing increase in customers resulting in 99% of SNAP applications, 96% of Medicaid applications and 96.6% of TANF applications processed within standards. • Developed safety assessment tool for Adult Protective Services, the first of its kind in the state. • Received another national recognition of the Family Support Program as an innovative and suc- cessful approach to early intervention. • Improved the process for Medicaid waiver screenings for disabled children resulting in improved access to community services and alignment with child serving staff. • Supported the community Prisoner Reentry Initiative resulting in greater collaboration and im- proved services to that population. • Increased the number of Memorandums of Understanding with DSSs around the state for Medi- caid enrollments from the UVA Hospital based unit resulting in timelier billing for the hospital services. • Developed a handbook to guide local DSSs in emergency sheltering operations. • Trained all local DSS staff (city and county) to be NIMS compliant for shelter operations. • Increased the number of children who attended summer enrichment activities through the “Summer FUNd” by 40%. • Received certification for the Career Center as a Satellite of the One Stop System. • Exceeded the federal and state outcome for visits with foster children. • Continued collaboration with over thirty-six faith based organizations to provide services to children in the community resulting in a summer day camp, multiple clothing and food sup- ports, scholarships for camps, emergency assistance, school supplies, tutors and many more activities in support of families in need. • Provided support to customers through the Advisory Board’s Needs and Wishes fund resulting in over $300 used to support identified customer needs such as diapers, soap, books, school sup- plies and games. • Provided access to 956 Limited English Proficient customers through use of IRC interpreters and a tele-interpreter contract. • Participated in over 50 community collaborations including Safe Schools Healthy Students, Part- nership for Children, Thomas Jefferson EITC Coalition, Albemarle County Police and Common- wealth Attorney, Albemarle County Public Schools, CYFS Respite, United Way, Prisoner Reentry, Region Ten CSB, UVA Hospital, Virginia Workforce Center, Community Attention Foster Families and many others. Throughout the past year, we have met with the Director regularly and also used that time to broaden our knowledge about the work of the department through learning more about CAFF (Community Attention Foster Families), the Knowledge Management System, the International Rescue Committee, the APS Risk Assessment Tool, Emergency Shelter Operations, and legislation that im- pacted the department. It is a privilege for us to work with staff of the Department. We continued to be concerned about the significant impact the downturn in the economy has had on residents and know that the increased workload for staff is immense. However, we have great confidence in the ability of this staff to meet the challenges of the uncertain environment through their focus on performance and results. In the following pages, we are pleased to share an overview of the Department’s programs and services as well as individual stories that are part of the community life of this organization. The ACDSS Advisory Board Martin Burks III Janet Morrow Lincoln Lewis Wanda Kucera Mary Lou Fowler Bryan Elliott Claude Foster 3 Outcome Output Objective FY 09 FY 10 FY 11 FY 11 Target FY 10 +/- Adults and families are medically insured. Medicaid applications are processed. 97% of Medicaid applications are processed within 45 days.91.7% 96.2% 96.0% 97.0% -1.0% Adults and families are medically insured. Medicaid renewals are processed. 97% of Medicaid renewals are processed by the last day of the month in which they are due. 86.5% 87.4% 79.3% 97.0% -17.7% Adults and families have sufficient food stuffs. Food Stamp applications are processed. 97% of Food Stamp applications are processed within 30 days.99.3% 99.2% 99.0% 97.0% 2.0% Adults are gainfully employed. Participants maintain employment. 75% of VIEW participants will remain employed 3 months after initial employment. 67.0% 73.0% 73.3% 75.0% -1.7% Adults are safe. Adults have risk of abuse, neglect and exploitation reduced. 85% of vulnerable adults accepting APS will have their risk of abuse/neglect/exploitation reduced within one year. 59.0% 77.3% 93.3% 85.0% 8.3% Children have safe and stable home placements Children in foster care are visited by their social workers. 90% of foster care children receive monthly face to face visits from their social workers. 89.5% 94.0% 88.7% 90.0% -1.3% Children are safe.CPS referrals receive responses. 90% of new referrals are responsded to per SDM guidelines. 88.1% 89.5% 92.4% 90.0% 2.4% Children are successful in school. Children pass the benchmark for PreK PALS. 80% of BS children score at least the PreK PALS benchmark score.68.0% 80.0% 81.0% 80.0% TBD Children are successful in school. FS children do not have CPS reports of abuse and/or neglect. 90% of FS children have no CPS reports of abuse and/or neglect within a 12 month period 99.4% 96.1% 97.5% 90.0% 7.5% ACDSS is a good financial steward of resources. Monthly financials are completed. Monthly financials are completed within 10 days of month close 92% of the time. 100.0% 66.5% 86.0% 92.0% -6.0% FY 2011 ACDSS Agency Key Performance Indicators Scorecard OFFICE OF PROGRAM ACCOUNTABILITY ACDSS KEY PERFORMANCE INDICATORS The ACDSS Office of Program Accountability (OPA) monitors, evaluates and reports progress on all unit and overall agency performance goals. The Leadership Team then assesses the identified critical measures to examine agency-wide performance on a quarterly basis. The OPA additionally provides sup-port to programs throughout the year by performing specific analysis and reporting. In FY 11, the OPA facilitated the piloting of the Adult Protective Services Risk Assessment Tool (APSART), the comprehensive cost-benefit, outcome evaluation and policy analysis of Therapeutic Foster Care utilization, a policy analy- sis report of the impact of the Limited English Proficiency population upon Benefits Programs, and made great strides in improving the integrity of data as represented through SafeMeasures, a data reporting tool used across the Commonwealth. The OPA was supported in FY 11 by a UVA Batten School of Leadership Masters of Public Policy (MPP) student, a UVA Batten School Accelerated Bachelor/MPP student group, and a UVA Commerce School student intern, who was subsequently hired as a part-time Data Analyst to con- tinue the momentum of converting data into meaningful information for programmatic and operational planning. 4 listening to the need Working together for solutions was the hallmark of a collaboration among ACDSS Adult Division staff, Hospice of the Piedmont and Mountainside Living when a woman was faced with eviction from her home during the December holidays while she was fighting terminal cancer. Her family was out of town and could not re- spond quick enough and so ACDSS staff quickly teamed to find a placement in an assisted living facility, completed the screening process and AG application and worked with the family that ar- rived from out of town in time to move her into the facility. AUXILIARY GRANTS/GENERAL RELIEF Auxiliary Grants (AG) are a supplement to income for recipi-ents of Supplemental Security Income and other low-income aged, blind, or disabled individuals residing in licensed as-sisted living facilities. General Relief is a program designed to provide assistance, either maintenance or emergency, which cannot be provided through other means. The grant amount received by eligible individuals includes a small personal allowance plus the difference between the recipient’s own income and the State reimbursement rate for assisted living. AG recipients also receive medical assistance through the Medi- caid program. The AG Program is a state (80%) and locally (20%) funded financial assistance program administered at the local level. Albemarle County provides limited General Relief assistance (62.5% state funding and 37.5% local funding) under the General Relief-Unattached Child component. This provides ongoing assis- tance for a child who is not living with a relative and thus not eli- gible to receive TANF. The General Relief-Burial component pro- vides a maximum one time payment of $500 when there are no other available resources to provide for burial. 34 26 36 34 34 42 16 14 14 13 9 10 0 5 10 15 20 25 30 35 40 45 2006 2007 2008 2009 2010 2011Customers ServedAuxiliary Grants Aged Disabled 5 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP—FOOD STAMPS) SNAP is a program that provides benefits to eligible persons for the purchase of vital food items. Electronic Benefits Transfer (EBT) is the process that the Virginia Department of Social Services uses to deliver SNAP benefits. SNAP households use the card to make food purchases at retailers au- thorized by the U.S. Department of Agriculture. working together for solutions A young, single mom with a three year old son received the devas- tating news that she had stage four cancer. She had worked hard as a waitress for years and took pride in taking care of herself and her child. Now she was bed ridden with brittle bones that broke easily and was in despair with little coping abilities to deal with her SNAP renewal and other benefit program applications. By Listen- ing to the need, a Benefit Program Supervisor decided to make a home visit to help this young woman, something rarely able to be done by Benefit Program staff due to their workloads. Once in her home, the worker was able to help her complete all of her applica- tions including helping her to get an air conditioner that was bro- ken and community based care to help pay for the help she was receiving from neighbors. She also assisted her in getting disabil- ity upgrades to her home. By the end of the visit she was very grateful for all the assistance and even asked for a hug from the worker. 835 1033 1235 1395 1415 1415 1539 1861 3021 0 500 1000 1500 2000 2500 3000 3500 2003 2004 2005 2006 2007 2008 2009 2010 2011CasesAverage Number of SNAP Cases Per Month 6 ENERGY ASSISTANCE Albemarle County operates three federally mandated Energy Assistance Programs with heating and cooling components for all citizens with economic need. During the summer, the Cooling Assistance Program provides for the purchase of window air conditioners and fans, or for repair of cooling equipment and/or payment for electricity for house- holds containing a vulnerable individual who is aged, disabled, or under age six. The Fuel Assistance Program helps with home heating fuel and related charges. Benefits are determined and authorizations for deliveries or service are sent to vendors in December. Crisis Assistance is intended to meet a household’s emergency heating need. Crisis assistance offers heating equipment repair or purchase and/or a one-time only heat security deposit. Pur- chase of home heating fuel or payment of heat utility bill is avail- able beginning January 1st. Each of the three components has income and non-financial requirements. listening to the need A man who had recently lost his job and his wife came to the de- partment as a first time customer because his electricity had been disconnected. Embarrassed and confused he did not know what to do. The worker was able to talk with the Power Company to au- thorize a Cooling Assistance benefit that provided enough money to get his power back on quickly. She also was able to refer him for other services including assistance from the Career Center for job search. Listening to the need involves going beyond the imme- diate crisis and helping people with a longer term plan. 176 202 257 300 324 389 603 600 653 698 794 749 843 829 856 1076 1179 1206985190117128108 184 273 653 0 500 1000 1500 2000 2500 3000 2003 2004 2005 2006 2007 2008 2009 2010 2011Processed ApplicationsRequests for Energy Assistance Cooling Heating Crisis 7 TEMPORARY ASSISTANCE TO NEEDY FAMILIES TANF - Temporary Assistance to Needy Families provides tem-porary financial assistance to eligible families. A monthly cash payment is distributed to eligible families to meet their basic needs. The program is based upon the principles of personal responsibility, time-limited assistance, and work in ex- change for benefits. TANF is the cash assistance component of the Virginia Independence Program (VIP) that helps families work to- ward their goal of total independence. working together for solutions A mentally challenged mother with two young children wanted to work instead of accepting Social Security Disability but was not able to obtain employment during her eligibility period until at the very end of the two year time limit. With the help of staff from the TANF, VIEW, Child Care and the Career Center as well as the Vir- ginia Department of Rehabilitative Services and her family she fi- nally was hired at a local fast food restaurant. Her dream of find- ing a job and working toward self-sufficiency was finally a reality and her excitement showed. She arrived at the office with her fam- ily members to thank staff for their hard work and support and continues to be employed. Although she probably could have re- ceived disability, staff listened to the need and worked together for solutions to ensure a good outcome for this mom. 129 135 140 143 109 117 168 189 218 100 120 140 160 180 200 220 240 2003 2004 2005 2006 2007 2008 2009 2010 2011CasesAverage Number per Month of TANF & VIEW Cases 8 MEDICAID/LONG-TERM CARE Medicaid is a joint Federal and State program designed to provide essential medical and medically related services to the most vulner-able populations in our community. This vital program is the third larg-est source of health insurance after employer-based coverage and Medi-care. It provides medical coverage to eligible low-income families, women, children, the elderly, and individuals with disabilities. In addition, the Family Access to Medical Insurance Security Plan (FAMIS) provides Medi- caid-like benefits to uninsured children. The FAMIS/PLUS & FAMIS Moms programs provide health care coverage for pregnant women and prenatal care and comprehensive health care benefits for two months after deliv- ery. Long-Term Care support in the form of Medicaid for nursing care or community based care and Auxiliary Grants for adult living facility care is provided through a specialized team of staff at ACDSS who understand the complexities of these services. Social workers at ACDSS complete assessments to decide the level of care needed. When a person is assessed as needing an assisted living level of care and meets financial criteria, an Auxiliary Grant supplements other income in an effort to meet the cost of care in an Assisted Living Facility. After evaluation, financially eligible individuals approved for nursing home level of care can receive that care either in the community or in a nursing home. listening to the need An alert Adult Benefits Worker received a call from an elderly woman who was caring for her 30 year old disabled son. She was experiencing chest pains and was struggling to provide care for her son who was paralyzed, ventilator-dependent and required 24-hour care. Her son had been receiv- ing in-home nursing care under the Technology Assisted Medicaid Waiver program. For unknown reasons, the home care agency terminated their services, leaving this elderly woman in a stressful, care giving situation. The worker engaged an Adult Social Worker who took immediate steps to help her seek medical care and began making calls about the loss of the waiver for her son’s care. The result was emergency care for the elderly woman and a new provider of services for the son. By listening to the need and working together for solutions, the adult benefit and social work inte- grated team was able to quickly turn an emergency situation into a suc- cessful outcome for the elderly woman and her son. 4307 4491 4527 4585 4744 4797 5237 5939 6910 0 1000 2000 3000 4000 5000 6000 7000 8000 2003 2004 2005 2006 2007 2008 2009 2010 2011CustomersAverage Number of Medicaid Customers Per Month 9 MEDICAID AT UVA HOSPITAL UVAH Medicaid provides Medicaid benefits to medically indi-gent inpatients and indigent clients treated in specified outpa-tient clinics at UVA. The UVA Medicaid Unit is the result of a contractual agreement among the State Medical Assistance Program, the Virginia Depart- ment of Social Services, the University of Virginia Health System, and the Albemarle County Department of Social Services. The Medicaid Unit served 3828 indigent individuals in FY 11. Of those, applications for Medicaid were taken on more than 2230 patients. The Medicaid Unit surpassed their previous records from the past 5 fiscal years for the approval rate on submitted applications. working together for solutions Listening to the need and working together for solutions is an ongo- ing theme for the hospital based unit. Understanding the need of the hospital to receive payment for services and the need for pa- tients to receive help in dealing with significant medical costs, the unit embarked on an effort to expand their ability to support both needs with an administrative change allowing them to not only process Medicaid applications but also to complete a final step of enrolling them into the Medicaid system allowing for payments to be made quickly. This required months of negotiations with the state office, local government and UVA attorneys, and individual MOU’s with local DSSs but it resulted in a successful outcome for twenty localities to date. 3345 3518 3505 3621 3564 3380 3302 3570 3828 2000 2200 2400 2600 2800 3000 3200 3400 3600 3800 4000 2003 2004 2005 2006 2007 2008 2009 2010 2011ReferralsUVA Medicaid Cumulative Referrals 10 COMPANION SERVICES The Companion Services Program assists elderly and/or dis-abled adults in their home who are unable to care for them-selves without assistance. The Companion Services program supports the philosophy that an individual should be empowered to maintain independence in the community as long as possible. Home-based care minimizes insti- tutionalization of elderly and disabled residents. The improve- ment in the quality of life and the low cost of the service are a win/win for individuals and the community. listening to the need A 77 year old woman with various medical problems is also a vic- tim of domestic violence by her husband who has moderate de- mentia and a heart condition. Over the years she utilized various community resources such as the Shelter for Help in Emergency but returned home under pressure from family and friends to care for her husband. Her children remain divided in their mother’s victimization of domestic violence and her efforts to obtain an improved quality of life, thereby placing her at risk for isolation and neglect. With help from Adult Services staff, she and her hus- band accepted a Companion Provider to assist them both with activities of daily living. The provider also provides a sense of security for the elderly woman. Listening to the need and working together for solutions provided stability, and improved quality of life and security for both she and her husband. 7 8 7 11 9 2 3 25 5 42 38 31 60 37 33 39 59 24 0 10 20 30 40 50 60 70 2003 2004 2005 2006 2007 2008 2009 2010 2011CustomersCompanion Services Under 60 Years-Old Over 60 Years-Old 11 ADULT SERVICES Adult Services is a program that enables adults to remain in the least restrictive setting and function independently. This pro-gram provides long-term care, preventive services, nursing and adult home screening and placement services, guardianship oversight and adult protective services. One key program in Adult Services is Adult Protective Services (APS), which investigates reports of abuse, neglect, and exploitation of adults over 60 years of age and incapacitated adults over 18 years of age. The goal of APS is to protect a vulnerable adult’s life, health, and property without a loss of independence. When this is not pos- sible, APS attempts to provide assistance with the least disruption of life style and with full due process, protection, and restoration of the person’s liberty in the shortest possible period of time. Part- nerships are key to prevention and to maximize risk reduction and self-determination. Investigating a report of adult abuse and neglect, the Adult Services Team engaged the County Police, County Attorney, the health de- partment, medical transport services and a local nursing home to remove an elderly woman from an environment where she was starved, had deep bed sores and was kept in a hot and unsanitary room with no windows. The sixty-five pound woman recovered nicely in the nursing home where she was bathed, given fresh clothes, food and medicine. After she was safe the team furthered their investigation into the financial exploitation, physical and emo- tional abuse of the woman by her family and criminal charges are pending. Additionally, Adult Services staff had to continue to inter- vene to keep her safe even in the nursing home because of the fam- ily’s persistent efforts to remove her from the care at the nursing facility. The entire team of county and community workers showed that working together for solutions results in good outcomes for those in need. 282 293 345 374 436 415 403 447 390 0 50 100 150 200 250 300 350 400 450 500 2003 2004 2005 2006 2007 2008 2009 2010 2011ReferralsReferrals to Adult Protective Services working together for solutions 12 FAMILY PRESERVATION Family Preservation services are designed to help families alle-viate crisis situatations that might lead to out-of-home place-ments of children because of abuse, neglect, or parental in-ability to care for their children. The help to maintain the safety of children in their own homes, support families prepar- ing to reunify or adopt, and assist families in obtaining other services to meet multiple needs. These services are designed to maintain family unity, ensure that children grow up in safe and stable homes, and strengthen the family’s ability to function more effectively and independently in order to prevent family breakup. Services may include counseling, health-related services, parenting education, and substance abuse treatment. Under some circumstances, services such as emer- gency shelter, food, clothing, utilities or rent, may be provided when no other resources are available and their lack becomes life threatening or may result in a child’s removal from the family. Foster Care was averted for three children who were able to be placed with their grandparents in North Carolina and Virginia thanks to the work of ACDSS staff and the County Attor- ney. Working together for solutions with the two sets of grand- parents, the Guardian Ad Litem and the Court Ordered Special Advocate (CASA) to make these arrangements was not always easy. But staff maintained focus on the least restrictive placement possible for the children. Neither set of grandparents could take all three children without financial support (foster care) but each was able to manage it separately to ensure all three children could reside with relatives with whom they had strong and posi- tive relationships. listening to the need 15 3 1 0 2 4 6 8 10 12 14 16 High risk/risk of removal Change of Placement Emergency RemovalNumber of MeetingsType of Decision Point FY 11 Q3 & Q4 Family Partnership Meetings 13 FOSTER CARE The Foster Care Program provides services, substitute care, and supervision for a child on a 24-hour basis until the child can return to his or her family or be placed in an adoptive home or another permanent foster care placement. In the Foster Care Program, assistance is given to children and families in an effort to prevent removal of a child from his or her home. When parents are unsuccessful in changing conditions in the home, it may be necessary to place the child in foster care. In that case, the Foster Care Program provides services to enable the child to return home. If that is not possible, the program tries to find another permanent home. Fos- ter Care is intended to be temporary response to a difficult family situa- tion, not a long-term solution for the family. working together for solutions Two teenage girls, who had been raised by their abusive father, went to live with their mother after the father was sentenced to jail for domestic violence. The mother had a long history with the department of child abuse herself and shortly thereafter the teenage girls came into foster care. Their journey through the foster care system started in a thera- peutic foster home but it became clear that residential treatment ser- vices were needed after two acute hospitalizations, the identification of severe sexual abuse by the father all those years, and more hospitaliza- tions. The girls ability to function in the world was highly compro- mised and the mother finally came to the conclusion that she could not care for the girls. An aunt in Portsmouth was eventually identified as someone who could care for these girls and she was willing to engage in their treatment plans and to become a foster parent. After months of preparing the girls and the family, and many hours on the road helping them make a transition, the girls were placed together again in their aunt’s home. While their mother may not be able to care for them full- time, they were able to be together with another family member who plans to keep their mother involved as much as possible. These are two very happy girls! Working together for solutions was a hallmark of this case and is indicative of the importance of finding and supporting family connections for the children in our care. 113 104 110 119 111 131 128 110 77 0 20 40 60 80 100 120 140 2003 2004 2005 2006 2007 2008 2009 2010 2011ChildrenFoster Care Children In Care 14 ADOPTION SERVICES The purpose of Adoption Services is to help children who have been permanently and legally separated from their birth parents become permanent members of a new family. If a foster care child cannot be returned to his or her parents or placed with relatives, the goal becomes adoption. Adoption is a social and legal process that establishes the relationship of parent and child between people who do not have this relationship by birth. It provides the same rights and obligations that exist between children and their biological parents. listening to the need When foster parents approached the agency about adopting three siblings that had been placed into their home, the adoption worker worried that it would be too much for the family due to the signifi- cant mental health issues of the children and their previous multiple disrupted placements with foster parents. However, listening to the need, caused the worker to adjust her thinking and it resulted in an adoptive home agreement that engaged the children at every level. On the day that the adoption worker went to the home to sign the adoptive home agreement, the children yelled with glee “we get to sign today!” While the children do not usually sign the adoptive home agreement, the adoption worker in this case, agreed to let them do so. After all the adults had signed, the children signed their respective forms. The youngest took a considerable amount of time as she painstakingly signed her name. When she gave it to the adop- tion worker, the worker saw that not only had she signed her name but she had also written “I love you Mom and Dad.” All three of these children experienced significant exposure to domestic violence and substance abuse and were victims of sexual abuse as well as physical neglect and abuse. They are thriving in their adoptive home! 9 5 12 4 11 4 5 4 6 2 4 6 8 10 12 14 2003 2004 2005 2006 2007 2008 2009 2010 2011ChildrenFinalized Adoptions 15 CHILD PROTECTIVE SERVICES Child Protective Services (CPS) identifies, assesses, and provides ser-vices to children who have been abused or neglected and to their fami-lies. It is designed to preserve families whenever possible, yet protect children and prevent further maltreatment. The CPS program is non-punitive in its approach and attempts to enable families to provide adequate care for their children. CPS utilizes a Differen- tial Response System that employs a Family Assessment process. This process is service oriented and strength based. CPS in Albemarle County also utilizes a research-based protocol, Structured Decision Making (SDM), to guide critical decisions during the life of a case, thereby ensuring a greater level of consistency and reduced recurrence of child maltreatment. ACDSS is piloting this program which may be used state-wide in the future. The CPS unit also provides foster care prevention services to families re- ferred by the community and by Court Order. In addition, the CPS unit attempts outreach to prevent child abuse or neglect by addressing risk issues before they result in maltreatment of children. working together for solutions A report about a two year old diagnosed with Attention Deficit Hyperactivity Disorder and out of control behavior with her caretaker who was a 72-year old grandmother proved to not just be a safety issue but a supervision is- sue as well. In place of an emergency removal into foster care, based on the evidence, the social worker arranged for a Family Partnership Meeting (a new process implemented by the department in 2011) with nine relatives, three family friends and the Guardian Ad Litim in order to develop a plan to ensure that the child was safe and the grandmother able to care for her. The extended family came to understand the stress that the grandmother was under. They developed and quickly implemented a plan to clean and child proof her home, establish a visiting schedule that provided frequent extended respite care, enroll the child in a child care program to give her social time with other children, set up a medical evaluation for the child and re-established home visiting services to help the grandmother develop strategies to parent the child. CPS worked with this family to address the immediate safety needs of this child and grandmother, and successfully implemented solutions that increased support for this overwhelmed grand- mother. This is one example of how CPS overcomes resistance due to posi- tion of authority of families and changes the conversation so that we are listening to the need, working together for solutions. 227 90 110 172 134 56 198 255 125 370 407 411 378 384 432 434 305 255 0 100 200 300 400 500 600 700 2003 2004 2005 2006 2007 2008 2009 2010 2011ReferralsCPS Referrals Received Non-valid Referrals Valid Referrals 16 CHILD CARE SERVICES Child Care Services is a program that provides low-income families with funding to enhance the quality, affordability, and availability of child care. Child Care Services assist low-income parents who are working and/or are attending school and whose children have child care needs. Child Care Services are also provided to families who are receiving TANF and are working towards economic self- sufficiency. With welfare reform's increased emphasis on employ- ment, many single parent households become low-income work- ing families. These services are designed to help parents locate affordable quality care to support their efforts toward greater self- sufficiency. listening to the need A single mother of two children was able to obtain a new job even though she had to rely on friends and some public transportation to get to the job. But the new job paid her $10/hour which meant she would be responsible for a co-payment of $172/month for her child care. She knew she could not afford this and was afraid if she had to take too much time from work to arrange for new child care she might lose her job. Working together for solutions, the social worker arranged to meet her at her job site and helped her find a lower cost child care setting in addition to helping her work out the transportation to the new provider. Without this special attention, this young mom may have lost her job or put her children in jeopardy. 203 231 223 203 253 0 50 100 150 200 250 2007 2008 2009 2010 2011Unduplicated Number of Children Children Served by Child Care Program 17 CAREER CENTER The Career Center’s mission is to provide the general public with career resources and services in order to prepare a work force that is informed, capable, and ready for work. The services available at the Career Center, a certified satellite of the region’s One-Stop System, includes assistance with resumes, cover letters and interview techniques. The Center makes inter- net-accessible computers, faxes, phones, printers, and copiers available to clients and will assist them with job searches. Job seekers can also open e-mail accounts to correspond with poten- tial employers. working together for solutions A young woman arrived at the Career Center having graduated from a top ten University with honors but had experienced severe emotional trauma that kept her from working. By listening to the need, the Career Center Counselor was able to provide encourage- ment and support over time while helping her find a job. The re- sult was a warm note of thanks for helping her through a very dif- ficult time and giving her the strength to find a job her field of study (science). 682 917 1457 1791 2309 1761 2172 600 800 1000 1200 1400 1600 1800 2000 2200 2400 2005 2006 2007 2008 2009 2010 2011CustomersNumber of Customers Using Career Center 18 VIEW INITIATIVE FOR EMPLOYMENT NOT WELFARE (VIEW) VIEW provides employment education, training and support services to qualified TANF recipients. VIEW, Virginia's welfare reform program, is designed to encourage self-sufficiency through a "work first" philosophy. VIEW offers recipients the opportunity to work and continue to receive some TANF benefits and supportive services. VIEW also encourages per- sonal responsibility. In addition to employment, other VIEW work activities can include on-the-job training or community work ex- perience for at least the minimum federally required hours per week. VIEW participants can also participate in optional transi- tional services such as child care. listening to the need A young woman came to the office with a very bad attitude about working. She lacked two front teeth, used foul language and rel- ished her tough talking persona. However, her VIEW worker saw through that tough exterior to an intelligent woman who needed help. The young woman talked about not cooperating and avoid- ing work but the worker knew a lot of her talk was really fear and insecurity about entering the work world. With kind persistence from staff she began a job at a local hotel but it ended after con- flict with a co-worker. To the staff’s surprise, she found another job right away because she had discovered that she liked working and earning her own money. A second job emerged and staff could see her confidence building. Now she is off TANF and VIEW and being considered for a management position with one of her employers and a promotion with the other one. Listening to the need involves listening to what is not being said as much as what is being said. 84% 79%80% 76% 62% 79% 73% 50% 55% 60% 65% 70% 75% 80% 85% 90% 2005 2006 2007 2008 2009 2010 2011Percentage of VIEW ParticipantsVIEW Participants Employed 3 Months Past Hire Date 19 BRIGHT STARS The Bright Stars Program is an early intervention preschool pro-gram for four-year-old children and their families. Bright Stars seeks to increase learning opportunities by addressing risk factors that affect school performance: low income, illiteracy or limited education of the parents, limited English proficiency, developmental delays, mental or physical health problems and sub- stance abuse. The major goals of the program are to provide age- appropriate education and enrichment opportunities for children, to help families access community resources necessary to sustain safe and stable family life, to facilitate family involvement in their child’s education and to serve as a model of collaboration among the Department of Social Services, County schools and community agencies. Because of the difficulty of getting parenting classes in the south- ern end of the county, the Bright Stars Family Coordinator and Fam- ily Support Worker teamed up to offer classes themselves. They studied the Systematic Training for Effective Parenting (STEP) cur- riculum and became STEP instructors in order to offer classes at Scottsville and Yancey Elementary Schools. After the first session one parent remarked that she has taken a number of parenting classes and really did not expect to learn anything new but to her surprise she did! Another parent learned a new concept that a child is not bad but may be behaving badly in order to get a need met. Working together for solutions created the synergy to meet a need in this part of the county. 80 96 96 112 135 135 138 134 164 0 20 40 60 80 100 120 140 160 180 2003 2004 2005 2006 2007 2008 2009 2010 2011Children Served by VPI GrantBright Stars Program Participants working together for solutions 20 FAMILY SUPPORT Family Support is a pre-placement prevention program based in ten Albemarle County elementary schools and three middle schools. Family Support staff provide case management services including assisting families with access to health, education, legal, housing and social services, improving the safety and security of their fam- ily members; helping families move toward self-sufficiency and ensuring parents and school staff work together for successful school performance outcomes. At the middle school level there is also an emphasis on improving school attendance and locating after-school enrichment opportunities that engage children in 10- 13 year age range. Developing a trusting relationship is a critical component of lis- tening to the need. Thus a Family Support Worker located in the county schools worked for two and one half years to develop the relationship that proved pivotal in keeping the family to- gether. The mother had a substance abuse addiction and her son was not attending school regularly and was failing academi- cally. But with the ongoing help of the worker, this mother en- gaged in counseling, a family skills building program and employ- ment services to get on the road to recovery in order to effectively parent her child and support them financially and emotion- ally. The child began attending school regularly and was deter- mined to be gifted in math as a result of this worker “sticking with the mom” to help her overcome her addiction. The long term trusting relationship made all the difference in the life of this mother and child. listening to the need 176 175 148 173 188 129 194 131 154 50 70 90 110 130 150 170 190 2003 2004 2005 2006 2007 2008 2009 2010 2011CasesAverage Number of Family Support Cases Per Month 21 FOCUS The Front Office staff welcome all customers and visitors to the agency. The Front Office is responsible for answering all incom-ing telephone calls, greeting all customers who enter through the lobby, notifying workers of the presence of their customers for appointments, managing incoming and outgoing faxes, fa- cilitating mail delivery of all pieces of ingoing and outgoing mail, issuing EBT cards to customers receiving SNAP benefits, facilitating the first steps of processing benefits applications and many more tasks required to deliver superior customer ser- vice to Albemarle County residents at the entry and exit points of their experience with the agency, as well as to the internal customers (staff) of ACDSS. It was the day before Thanksgiving. When he arrived for his intake appointment at 8:30 a.m., he had been out of prison for less than a day. He is a short, thin man, with a kind face, sparkling eyes and a sweet smile. One would only believe his age, 41, by the gray hairs in his large, otherwise black wiry bush. When his name was called in the waiting room, his face lit up and was marked by a huge smile. He reached out welcomingly, inviting his caseworker to shake hands, and with a tear falling from one eye uttered, “I’m so sorry about my hair. It’s hard to find a hairdresser so close to the holiday. I know I shouldn’t go out with my hair looking like this. What would employers think? “During his intake interview, Benny’s caseworker, noticing he was wearing prison issued plastic flip flops, asked if he had a need for clothes. “Oh, no,” he said en- thusiastically, “the re-entry program gave me three shirts and two pairs each of pants and socks before I left jail. I’m so lucky.” He was visibly delighted and appreciative of the attention, information and referrals he received. But what moved him most was the effort taken by one of our front desk staff. Upon learning about his situa- tion she arranged for an appointment at 1:00 pm that same day, and at no charge, for him to have his hair braided. He was elated. If this wasn’t enough, as she watched him leave the agency, she men- tioned how blessed and motivated she felt to have met someone with his gentle and appreciative personality. Having asked him about his shoe size, she made numerous calls between attending incoming clients and after the office closed at noon, searched for a donation of shoes. He returned on Monday, with his hair in braids, after receiving a telephone call from her asking him to stop by the office. He opened the bag she handed him and shook his head in disbelief before opening the box inside. The surprise was over- whelming…a brand new pair of Nike’s donated by Dick’s Sporting Goods that she had solicited and picked up. Listening to the need is not just a tag line; it’s a way of doing business at ACDSS. working together for solutions 22 Federal/State/Other Funds Local Funds Food Stamps 9,694,937$ Local Match 3,371,395$ Medicaid 43,879,623$ Family Support School Fund Transfer 188,795$ TANF 533,818$ Bright Stars Transfer - Schools 95,535$ Energy Assistance 375,655$ Bright Stars Transfer - General 727,746$ FAMIS (Total Title XXI)2,457,120$ CSA Local Government Transfer 2,150,000$ Other Federal 4,012,379$ CSA Schools Transfer 991,304$ Other State 2,526,839$ Child Care Quality Initiative Program 3,895$ Bright Stars 400,500$ Transfer to Other Funds 2,804$ M.J. Child Health Grant 5,000$ TOTAL 7,531,474$ Child Care Quality Inititative Program 21,232$ UVA Medicaid 440,630$ UVA Medicaid Generated Revenues 22,210,444$ * Comprehensive Services Act (CSA)3,708,803$ Central Service Cost Allocation 276,659$ TOTAL 90,543,639$ Sources: Virginia Department of Social Services Financial LASER System and Website, Albemarle County Department of Social Ser- vices Trends and Analysis, Albemarle County Financial Management System, Albemarle County Department of Social Services Leader- ship Team and Agency Staff *Figure represents 10 months of revenue generation. **Please note that figures represented are un-audited. Business Services The Business Services Division serves as a key support re-source for all ACDSS operations. This work includes budget-ing and financial planning, developing agency strategic and operational initiatives, and complying with all federal, state and local financial requirements. The Division also, pro-vides ongoing financial management, manages reception and switchboard operations and customer feedback proc- esses. Federal and State resources that are brought into the commu- nity through ACDSS provide an economic benefit that supports our commu- nity infra- structure in a variety of ways. Funds support jobs in the medical and child care arenas as well as mental health treatment, hous- ing, grocery and energy. The Business Services Division maintained its focus of continu- ous performance improvement by upholding the standard that all invoices delivered to the agency will be paid within 10 days of receipt. The standard set for this measure was 95%. The unit achieved 95.6% success rate toward their invoice processing goal. This indicator is vital in aligning with the Senate Productiv- ity and Quality Award (SPQA) criteria towards customer focus. 43.1% 56.9% Percentage of Budgeted Funds for Social Services Local $ Budgeted Federal & State $ Budgeted 33.1% 66.9% Percentage of Actual Expenses for Social Services Local $ Spent Federal & State $ Spent 92.3% 7.7% Albemarle DSS Federal, State, and Local Funds including Direct Financial Assistance for Albemarle Citizens Federal/State Local 23 VISION Together with our partners we mobilize communities of care to ensure that all persons thrive. MISSION Individual and family well-being. VALUES HOPE. We work in ways that instill hope by opening doors to opportunity. RESPECT. We share and show esteem, appreciation and acceptance of di- versity and treat all individuals with honor and dignity. OPPORTUNITY. We bring to bear all of our talents and resources to provide opportunities for our customers to succeed and thrive. SELF DETERMINATION. We recognize that individuals are responsible for their own development and have the freedom to choose. albemarle SOCIAL SERVICES 1600 5th Street, Suite A, Charlottesville, VA 22902 z Reception Line (434) 972-4010 z Food Stamp Line (434) 972-3143 z Fax (434) 972-4080 z www.albemarle.org COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Virginia Pre-School Initiative “Bright Stars” Annual Report SUBJECT/PROPOSAL/REQUEST: FY2011 Annual Report STAFF CONTACT(S): Messrs. Foley, Elliott, and Davis, and Ms. Ralston and Ms. Shifflett LEGAL REVIEW: Yes AGENDA DATE: February 1, 2012 ACTION: INFORMATION: x CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: As a result of the Virginia Pre-School Initiative (VPI) funding set aside by then Governor Wilder in 1994, the Board established the Bright Stars program as a collaboration among Social Services, the School Division and community partners. Social Services serves as the coordinator and fiscal agent for the program. The first classroom was established at Stone Robinson Elementary School and the program has grown to eleven classrooms in eight elementary schools including Cale, Agnor-Hurt, Greer (two classrooms each), Red Hill, Scottsville, Stone Robinson, Stony Point and Woodbrook. In 2009, the Pre-School Network for Albemarle County was established to oversee the blending of funding streams for VPI, Title I and Early Childhood Special Education to serve more children in inclusion classrooms. DISCUSSION: The FY2011 Annual Report is a review of the Pre-School Network services including the number of children served and results of educational and family outcomes. Also included are the Program’s Key Performance Indicators and VPI unaudited finances. Of particular note in this report are the different views of program outcomes across domains including student improvement over the school year, program -level achievement of benchmark standards at the end of the year, performance of Bright Stars “alumni” in later elementary grades and comparison with Division statistics. While only a very limited and coarse comparison could be made with data currently available to the program, the performance of Bright Stars participants relative to students across the Division is very encouraging regarding the long term impact of early interventions such as Bright Stars. BUDGET IMPACT: Continued funding for the program is being requested in the FY2013 budget. RECOMMENDATIONS: Staff recommends that the Board accept the FY2011 Bright Stars Annual Report. ATTACHMENTS FY11 Bright Stars Annual Report Return to agenda Presented toPresented toPresented to The Albemarle County Board of SupervisorsThe Albemarle County Board of SupervisorsThe Albemarle County Board of Supervisors The Albemarle County School BoardThe Albemarle County School BoardThe Albemarle County School Board BBBRIGHTRIGHTRIGHT SSSTARSTARSTARS FY 2011 AFY 2011 AFY 2011 ANNUALNNUALNNUAL RRREPORTEPORTEPORT A PA PA PROGRAMROGRAMROGRAM OFOFOF TTTHEHEHE AAALBEMARLELBEMARLELBEMARLE CCCOUNTYOUNTYOUNTY PPPRESCHOOLRESCHOOLRESCHOOL NNNETWORKETWORKETWORK We are pleased once again to write this introductory letter to the FY2011 Annual Report for the Albemarle County Preschool Network/Bright Stars Program. In our sixteenth year of collaboration between the County Schools and Social Services we have continued to demonstrate and enjoy the benefits of a pre-school program for at-risk County children, to prepare them for success in the kindergarten year and beyond. This report includes information on children in the Bright Stars classrooms within the Albemarle County Preschool Network and reflects on the successes resulting from the shared resources of ACDSS and the Virginia Preschool Initiative grant and the ACPS Title I and Early Childhood Special Education programs. In addition, we recognize the contributions of the local Safe Schools/Healthy Students grant as well as numerous other community “partners” and supporters who help us make a difference for our children and families. Our enhanced collaboration provides for eleven preschool classes at eight County schools, including five Special Education inclusion classes. All classes offer a robust, academic learning experience with daily opportunities for children to develop critical social and personal skills. Family Coordinators invite and encourage active parent engagement through the year, and families are assisted in identifying and accessing community services to create stability, opportunity, and a network of support. Parent engagement is an important strategy in helping children to make best use of the classroom experience. Parents consistently note a high degree of satisfaction in their evaluations of our program and speak in glowing terms about their children’s participation. Parents’ positive experiences with the school and involvement in their child’s education will serve the child well in future years. As you read through this report and take note of its many indicators of programmatic impacts and success, we are confident you will join us in applauding and supporting the community of learning – host schools, teachers and assistants, Family Coordinators, children and families - that comprises this unique collaboration on behalf of young children in Albemarle County. Kathy Ralston Director Dr. Pamela R. Moran Superintendent ALBEMARLE COUNTY Department of Social Services 1600 5th Street, Suite A Charlottesville, Virginia 22902 ALBEMARLE COUNTY SCHOOLS 401 McIntire Road Charlottesville, Virginia 22902 2 BRIGHT STARS PROGRAM HIGHLIGHTS 2010-11 Funding from the Virginia Preschool Initiative, the local Safe Schools/Healthy Students grant, ACPS Early Childhood Special Education and Title I programs, and local government matching funds supported the operation of 11 preschool classes at 8 Albemarle County schools and scholarship slots at 3 private preschools. Five classrooms served 3– and 4-year -old students with special needs within a blended inclusion model. In addition to 164 children served as preschoolers, 448 Bright Stars “alumni” from kindergarten through 5th grades continued to receive the support of their Bright Stars Family Coordinator. Over the course of the year, 1876 contacts were provided to Bright Stars alumni and their families. Efforts to support and enhance child and family well-being and to improve access to services is demonstrated by the Bright Stars’ commitment to ensuring children receive adequate health and dental care and that families with Limited English Proficiency (LEP) are provided necessary supports for meaningful communication and program participation. z 23 children benefitted from intensive pediatric dental services provided by local specialists and funded by a Community Health Partnership award from Martha Jefferson Hospital. z 29% of our preschoolers were from families with Limited English Proficiency and required the coordination of interpreter services. Señor Albarran, custodian at Red Hill, visits the Bright Stars class weekly to read to our students in Spanish. 80 96 96 112 135 148 154 164 0 20 40 60 80 100 120 140 160 180 2004 2005 2006 2007 2008 2009 2010 2011Number of ChildrenPreschoolers Served by Bright Stars Includes VPI-funded Bright Stars and Early Childhood Special Education/Title I students served in blended preschool classes in years 2008-11. 3 PRESCHOOLERS, ALUMNI, AND THEIR FAMILIES A CLOSER LOOK AT THE BRIGHT STARS 4 ABOUT OUR PARTICIPANTS All children enrolled in the Bright Stars program are identified with individual or family risk factors that could result in poor school performance over the years. High risk points for Bright Stars children may include limited parental education or illiteracy, parents who were single and/or still a teenager at the child’s birth, poverty, unemployment, domestic violence, incarceration of a parent, previous child protective services reports or foster care involvement, siblings having difficulty in school, and substance and/or mental health issues among family members. Despite these challenges, year after year the children enrolled in the Bright Stars program show considerable progress across a number of specific and measurable goals. Teachers, Teaching Assistants, and Family Coordinators work together assisting children and parents in meeting these goals. Of the 164 preschoolers served by Bright Stars: z 56% were female students and 44% were male students, compared to 49% female and 51% male in the ACPS Division overall z 97% resided with one or both biological parents, the remaining 3% lived with grandparents or other relatives z 78% were from families where one or more members of the household was employed z 84% qualified for Free or Reduced Meals, compared to 26% for the Division overall 23% 2% 15% 33%27% 13% 5%2% 73% 7% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% African American Asian Bi-racial/ Other Caucasian Hispanic Ethnicity Bright Stars Participants ACPS Division 5 61% 47% 35% 0% 6% 6% 33%29% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Agnor-Hurt Cale Greer Red Hill Scottsville Stone Robinson Stony Point Woodbrook Preschoolers from Families Identified with Limited English Proficiency DEMOGRAPHICS 2010-11 35% 9% 45% 11% 1% 49% 12% 32% 6%1% 0% 10% 20% 30% 40% 50% 60% 70%80%90%100% Did Not Finish HS GED HS Diploma Associates/ Bachelor Degree Postgraduate Parent Education Mother Father Statistics for the ACPS Division indicate 8% of students were classified as English As Second Language (ESL) students in 2010-11 Single Parent 49% Teen Parent 43% Both Single and Teen Parent 26% Parent Status at Child's Birth 6 106 96 83 66 54 43 0 20 40 60 80 100 120 Kindergarten 1st Grade 2nd Grade 3rd Grade 4th Grade 5th GradeNumber of ChildrenBright Stars "Alumni" Continuing to Receive Services BRIGHT STARS “ALUMNI” WHO CONTINUED TO RECEIVE SERVICES 2010-11 Bright Stars Family Coordinators work with families to encourage regular and timely school attendance, participation in parent-teacher conferences, engagement in school events, prevention of dental and medical problems, and improved housing and employment. Family Coordinators are able to provide on-going services to eligible children and families past the preschool year and many continue to receive services, as needed, throughout elementary school. This continuity of care and support is a unique characteristic of the program. Facilitating links between home, school, and community services and ensuring that families have the means to be safe, secure, and self-sufficient throughout the elementary school years are the ways the Bright Stars Program enhances education, workforce development, and the health and well-being of our community. These services are entirely voluntary and Bright Stars parents agree to participate or not depending on their circumstances. 448 Bright Stars alumni and their families were served in 2010-11. Each of the Family Coordinators made an average of 156 contacts per month to her alumni families. “They really have a love of learning. They’re not afraid to take risks. They’re excited about books and will get very excited if I read a book that was given to them in Bright Stars.” ~Kindergarten Teacher A Bright Stars parent volunteers in the classroom 7 BRIGHT STARS PROGRAM OUTCOMES “Every single one of my students that went to Bright Stars all come to kindergarten with a strong sense of Concept of Word, an essential part of learning to read. Bright Stars is an amazing program! Keep up the good work!” ~Kindergarten Teacher “[Our son] made friends, learned new things, and learned to communicate with others.” ~Agnor-Hurt Parent “This year has been amazing for our daughter, she had the most nurturing, warm, child centered experience we could have ever hoped for. She has grown academically, socially and emotionally under [Bright Stars] care – we’ll forever be grateful.” ~Scottsville Parent “I feel that all children should have an opportunity to attend Bright Stars - it really prepares them for kindergarten.” ~Greer Parent “My child learned so much this year, I am very proud of him. We look forward to next year.” ~Red Hill Parent Thank you so much, our life has been enhanced by this program.” ~Greer Parent 8 The following table shows our performance on key program goals over the past four years. OUTCOME MEASURE MEASUREMENT GOAL ACTUAL Preschool Literacy Skills Preschoolers who are in Bright Stars for at least six months achieve literacy benchmark scores for the preschool developmental range at the end of the school year PreK Phonological Awareness Literacy Screening (PALS) Summary Report FY11Target: 80% Previous Target: 80% FY 11 Actual 81% FY 10 Actual 80% FY 09 Actual 68% FY 08 Actual 75% Kindergarten Literacy Skills Bright Stars alumni achieve literacy benchmark scores for the kindergarten developmental range at the end of the school year Phonological Awareness Literacy Screening for Kindergarten FY11Target: 85% Previous Target: 80% FY 11 Actual 94% FY 10 Actual 78% FY 09 Actual 85% FY 08 Actual 86% Family Events Parents of Bright Stars preschoolers attend at least three Bright Stars/school functions during the school year Bright Stars database FY11Target: 90% Previous Target: 85% FY 11 Actual 88% FY 10 Actual 88% FY 09 Actual 93% FY 08 Actual 86% Parent-Teacher Conferences Parents of Bright Stars preschoolers attend two parent-teacher conferences during the school year Bright Stars database FY11Target: 90% Previous Target: 85% FY 11 Actual 85% FY 10 Actual 91% FY 09 Actual 88% FY 08 Actual 91% Parent Goals Parents of Bright Stars preschoolers make progress on goals that support their child’s success during the school year Family Needs Assessment FY11Target: 80% Previous Target: 80% FY 11 Actual 92% FY 10 Actual 85% FY 09 Actual 91% FY 08 Actual 71% PERFORMANCE ON PROGRAM GOALS “It is no longer the case that school begins in Kindergarten. The majority of children, especially those from middle class and upper middle class families, attend preschool. I think that the Bright Stars program, particularly using the High/Scope approach, puts kids on a more level playing field with these more affluent peers. Without Bright Stars the gap would be even wider.” ~Principal 9 Our children show substantial improvement between the beginning and end of the preschool year, with 55% more students passing the benchmarks by spring. Moreover, 55% percent of our preschoolers attained a “high-pass” score for their spring performance. EMERGENT LITERACY SKILLS Pre-kindergarten language and literacy screenings are administered by classroom teachers in fall and spring. The screenings include questions about letters of the alphabet, letter sounds, rhymes, and awareness of how pictures and words work together in a story. Children who obtain the developmental benchmarks by the end of preschool are more likely to achieve benchmark levels in kindergarten and first grade because they have mastered the basic skills that contribute to “reading readiness.” Children participating in Bright Stars carry their progress forward into the start of the following year. In the fall of kindergarten, 89% of Bright Stars alumni passed the fall literacy benchmarks, on par with their non-Bright Stars peers across the Division, who had a 90% pass rate in the fall. Alumni score favorably on more general kindergarten-level assessments of reading skills as well. As kindergarteners, 94% of our students passed the spring grade-level standard, again performing comparably with peers Division-wide, 93% of whom passed the spring standard. Considering performance on average across 3rd, 4th, and 5th grades, it is notable that 81% of Bright Stars alumni passed the Reading SOL, compared with 89% of students across the Division. 19%20%18%22%26% 76%75% 68% 82%81% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 2006 - 2007 2007 - 2008 2008 - 2009 2009 - 2010 2010 - 2011Preschoolers Meeting/Exceeding Developmental BenchmarkPreK Phonological Awareness Literacy Screening Fall Spring 10 EARLY NUMERACY SKILLS Preschoolers’ abilities in areas of numeral identification, sequences, patterns, shapes, and colors are assessed in the fall and spring using the Math Quick Screen, which is based on the Student Numeracy Assessment Progressions™. In the fall, only 30% of students demonstrate the desired skills (averaged across the 9 subtests), however, 71% of students demonstrate the appropriate skills by spring. Also of note, students pass on average only 2.7 of the 9 subtests in the fall assessment. By spring, students pass 6.4 subtests on average, an increase of 137%. Moreover, Bright Stars alumni across kindergarten through 5th grades show performance comparable to their peers in the Division on both general grade- level math skills assessments and the Math SOLs. The percent difference between Bright Stars alumni and Division peers in mean Math SOL scores is only about 9%. Likewise, there is only a 9% difference between the Division-wide students’ and the Bright Stars alumni passing rates on the Math SOLs. “Everything was wonderful — great structure, creative ways of teaching.” ~Red Hill Parent “The preschool program helps to prepare them for kindergarten— the kids learn a lot from others and have fun too.” ~Scottsville Parent 30% 71% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Fall Spring Students Demonstrating Desired Numeracy Skills 11 Teachers and early childhood researchers know that readiness for kindergarten is about knowing how to get along with others, to share, take turns, follow directions, and to be curious and excited about learning. With this foundation, children will be more open to learning new skills and more likely to be successful. Virginia’s Foundation Blocks for Early Learning: Comprehensive Standards for Four-Year-Olds (2007) specifically includes expectations for personal and social development in addition to those for Literacy, Science, History, Math, and Physical/Motor Development. Children in the Bright Stars classrooms are assessed in fall and spring in areas of Self Concept, Self Control, Approaches to Learning, Interactions With Others, and Social Problem-Solving. While in the fall only 55% of the 30 assessed items are demonstrated “Usually or Consistently”, by spring 92% of items are noted as such. Early in the year, children have the poorest performance in areas of Social Problem-Solving, which includes appropriate expression of feelings, conflict management, sharing, and social play. This area shows the greatest gains by spring, with preschoolers essentially doubling the number of items demonstrated “Usually or Consistently” at year’s end. PERSONAL AND SOCIAL DEVELOPMENT “The personal, social and behavioral competence of young children is a strong predictor of academic performance in the early grades. Appropriate and supportive learning experiences provide an important foundation for personal and social growth.” ~Virginia’s Foundation Blocks for Early Learning Percentage of Children Who Usually and Consistently Demonstrate Desired Behaviors in the Spring Self Concept The child will demonstrate self- confidence and self-reflection Self Control The child will demonstrate self- direction and responsibility Approaches to Learning The child will show eagerness and persistence as a learner Interaction w/ Others The child will interact easily with other children and familiar adults Social Problem-Solving The child will learn and use non- physical ways to resolve conflicts 97% 95% 90% 96% 96% “They’re very comfortable in the classroom, self-directed and good leaders.” ~Kindergarten Teacher 12 FAMILY ENGAGEMENT The engagement of a child’s family in the school community is emphasized as key to long-term success in school. Measures of Parent Engagement include attendance at Parent-Teacher Conferences and school events such as Open House and Back-To-School Night and participation in Bright Stars Family Events and class field trips held frequently throughout the year. In addition, the Bright Stars Family Coordinators monitor and assist parents’ work toward goals they identify for themselves and their families. By the end of the school year, 92% of our parents had demonstrated meaningful progress or fully achieved their personal goals. Some of the areas of focus for our parents included completing GED testing successfully, moving into a nicer apartment with a small yard for the children, improving speaking and reading skills in English, reducing television time and increasing outdoor play and other physical activities, reading together regularly, and securing employment as a first step to dealing with a partner’s violent behavior and substance abuse. Overall, parents engaged in nearly half of all possible opportunities for family involvement - a very significant statement in support of their child’s entry to the school community. Other indicators of Bright Stars’ parent involvement include: z 85% of parents attended both fall and spring Parent- Teacher Conferences z three schools had 100% attendance for both fall and spring conferences z 99% of families attended at least one school function, excluding conferences z 88% of families attended 3 or more functions besides conferences “I like the way that they come in settled and ready to learn. And parents seem to be more willing to come to school.” ~Kindergarten Teacher 13 Growth Domain Definition Improvement Language understanding and using oral speech 86% Social getting along with other children and adults 93% Self Care meeting own needs such as feeding, toileting, dressing, etc.89% Motor moving large muscles and using small, fine muscles 82% Pre-Academic recognizing colors, letters, numbers, songs, etc.95% Positive Problem- Solving Skills using cooperation, asking for help, etc.86% Parents Indicating Improvement in Growth Domains 99% 100% 97% 93% 88% 90% 92% 94% 96% 98% 100% Parent Involvement Was Encouraged Teacher Communicated Well With Parents Pleased with Teacher-Child Interactions Family Events Were Helpful Parents Who Strongly Agree or Agree With Program Elements PARENT SATISFACTION In keeping with previous years’ outcomes, parent satisfaction with the preschool class and Bright Stars experience was consistently high, with 98% of parents indicating they felt their child benefitted from the preschool program and 99% affirming that they would recommend the program to others. An overwhelming number of parents (93%) noted they felt their child was more likely to be comfortable and successful in kindergarten than if they had not participated in the preschool program. Besides this general assessment of impact, parents noted many specific areas of improvement as well. “The teacher was incredible, my child talked openly with her and felt very comfortable with her. Great communications and learning.” ~Scottsville Parent “[Our teacher] was amazing — she truly understood the kids and took the time to help them.” ~Red Hill Parent “I love [our Family Coordinator] - she was and still is most helpful. I don’t know where I would be without her help.” ~Greer Parent “I would love to thank the teachers and [our Family Coordinator] for so much help and guidance with so many things. Bright Stars is an amazing program and I recommend it to anyone who has a child starting out.” ~Stone-Robinson Parent 14 Total Personnel Expenses 95.0% Total Maintenance and Operating Expenses 5.0% Bright Stars Revenues FY 2010-2011 Contributions 1,000 Transfer from School Fund 95,535 Transfer from Local Government 727,746 Total Bright Stars Revenues 1,224,781 Virginia Preschool Initiative Grant 400,500 FY 2011 Expenditures Bright Stars Expenditures FY 2010-2011 Total Personnel Expenses 982,798 Total Maintenance and Operating Expenses 52,007 Total Bright Stars Expenditures 1,034,805 BRIGHT STARS FISCAL REPORT Contributions 0.1%Virginia Preschool Initiative Grant 32.7% Transfer from School Fund 7.8% Transfer from Local Government 59.4% FY 2011Revenues 15 16 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA 2010-00005 Sign Ordinance Zoning Text Amendments SUBJECT/PROPOSAL/REQUEST: Work Session - Proposed Sign Ordinance Zoning Text Amendments STAFF CONTACT(S): Messrs: Foley, Elliott, Davis, Kamptner, Graham, Higgins and Wright; and Ms. McCulley and Ms. Maliszewski LEGAL REVIEW: Yes AGENDA DATE: February 1, 2012 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: On September 13, 2011, the Planning Commission held a public hearing on the proposed Zoning Text Amendments (ZTA) related to the regulation of signage in the County (Attachment A). At the conclusion of this public hearing, the Planning Commission recommended the Board’s approval of this matter. On November 2, 2011, the Board held its required public hearing and requested staff schedule a follow-up work session in order to provide a more detailed explanation of the proposals with options, to provide more examples and illustrations to show what the current and proposed regulations allow with respect to certain signs, and to further explore the implications of adopting the proposed changes. DISCUSSION: The September 13, 2011 Planning Commission staff report (Attachment B) provides some detailed information regarding the background and specifics of the proposed changes that were before the Board on November 2, 2011. During the Board’s November 2nd discussion, various questions arose regarding the impacts of the proposed changes as detailed in staff’s “Comparison Chart” which identifies elements of the current regulations against the proposed ordinance (Attachment C). The following questions/decision points are offered for the Board’s consideration: a. What is the implication if “site” is redefined for Planned Developments and Shopping Centers? The proposed ordinance would define the “site” as the entire area of the original development, thus not requiring a special use permit for an “off-site” sign in such developments. This change does not permit additional signs or sign area than the regulations currently allow. b. What is the key difference in how the number or area of freestanding signs and wall signs are calculated? Freestanding signage is determined PER PARCEL, and the amount is based upon street frontage and entrances as explained in (c) below; wall signage is determined PER COMMERCIAL ESTABLISHMENT. c. How many freestanding signs could be allowed now and under the proposed ordinance? Currently, one (1) freestanding sign is allowed per street frontage, or two (2) per entrance, for lots with 100 feet or more of continuous frontage, plus one additional freestanding sign if the site is four acres or more. If two (2) signs are provided at an entrance, then each sign is limited to half of the maximum allowable area. Under the proposed ordinance, no additional signs would be allowed. d. Should there be a trade-off of freestanding signs when a larger development sign is permitted? The proposed ordinance eliminates freestanding anchor signs for tenants which are currently allowed by the sign ordinance. This represents a trade-off of allowed signage and could eliminate up to four small freestanding anchor signs. e. How many “64 sq. ft. signs” would be possible under the proposed ordinance? Only one PER DEVELOPMENT is possible under the proposed ordinance. AGENDA TITLE: ZTA 2010-00005 Sign Ordinance Zoning Text Amendments February 1, 2012 Page 2 f. Is there an example of a wall sign that would be an improvement if it was higher than 30 feet? The ARB indicated the BB&T Bank located on Route 29 next to Fashion Square is such an example, as explained in its December 5, 2011 action: “The architectural design of some buildings may appropriately accommodate wall signs installed at heights greater than 30’. The forms, details, scale and location of the architecture, together with the scale, color and Illumination of the proposed sign are all considerations in determining appropriateness. In no case would a roof-mounted sign or a sign extending above a parapet or similar architectural feature be appropriate. Likewise, the extension of a structure for the purpose of providing wall space for a higher sign would not be appropriate.” g. Should the maximum coverage for a window sign be 50% or 25%? The current limit is 25% with an aggregate maximum of 9 sq. ft. per business if visible from an Entrance Corridor. This requirement is problematic because 9 sq. ft. is restrictive and most businesses are unaware of or noncompliant with this requirement. The proposed ordinance would allow 50% maximum window coverage for window signage. Requiring less than this amount may be difficult for some businesses that rely on window specials advertising, such as fast food restaurants and grocery stores. An option the Board may consider is establishing a maximum window sign area larger than the current 9 sq. ft. and/or keeping with the maximum coverage per window of 25%. Staff is recommending the 50% coverage for the reasons stated and for ease in enforcement. h. Should sandwich board signs be allowed on Entrance Corridor (EC) roads? Staff recommends that they be allowed with proper anchoring. These types of signs are common in an urban form of development, such as within a town center, as these signs are intended to advertise to visitors within the development. However, staff does not recommend sandwich boards be allowed if they are visible from the EC. One additional note about the latest version of the proposed ordinance (Attachment A): the statements at the end of the charts in §4.15.12, §4.15.13 & §4.15.14 have been revised back to their current language to require a reduction of wall signs in the amount of the projecting sign’s area (up to 32 sq. ft.) if both are to be used. The earlier change was made in error. BUDGET IMPACT: The proposed changes are expected to reduce the amount of review time currently required by staff, the Planning Commission, the Architectural Review Board and the Board of Supervisors to administer the County’s sign regulations, thereby reducing the cost to the County and the applicants. RECOMMENDATIONS: It is recommended that the Board set a public hearing on this matter to consider a Proposed Ordinance to amend the County’s Sign Regulations as presented in Attachment A as may be further revised to incorporate feedback and direction by the Board during this work session, and that the public hearing be scheduled for its March 14, 2012 meeting. ATTACHMENTS: A – Proposed Ordinance to amend the sign regulations, dated January 18, 2012 B – September 13, 2011 Planning Commission Public Hearing Staff Report C – New Comparison Chart of Sign Ordinance changes D – Board of Supervisors May 12, 2010 Resolution of Intent Return to agenda Draft: 01/18/12 1 ORDINANCE NO. 12-18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC REGULATIONS, AND ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article II, Basic Regulations, and Article III, District Regulations, are hereby amended and reordained as follows: By Amending: Sec. 4.15.1 Purpose and intent Sec. 4.15.2 Definitions Sec. 4.15.4 Signs authorized by sign permit Sec. 4.15.6 Signs exempt from the sign permit requirement Sec. 4.15.7 Prohibited signs and sign characteristics Sec. 4.15.8 Regulations applicable in the MHD, RA, VR, R-1 and R-2 zoning districts Sec. 4.15.9 Regulations applicable in the R-4 and R-6 zoning districts Sec. 4.15.11 Regulations applicable in the PUD, DCD and NMD zoning districts Sec. 4.15.12 Regulations applicable in the C-1 and CO zoning districts Sec. 4.15.13 Regulations applicable in the HC, PD-SC and PD-MC zoning districts Sec. 4.15.14 Regulations applicable in the HI, LI and PD-IP zoning districts Sec. 4.15.15 Regulations applicable in the entrance corridor overlay district Sec. 30.6.4 Certificates of appropriateness Sec. 30.6.5 Development exempt from requirement to obtain certificate of appropriateness By Adding: Sec. 4.15.4A Signs authorized by temporary sign permit Chapter 18. Zoning Article II. Basic Regulations Sec. 4.15.1 Purpose and intent The purpose and intent of this section 4.15 include, but are not limited to, the following: a. The board of supervisors finds that signs are a separate and distinct use of the property upon which they are located and affect the uses and users of adjacent streets, sidewalks and other areas open to the public; that signs are an important means of communication for businesses, organizations, individuals and government; and that the unregulated erection and display of signs constitute a public nuisance detrimental to the health, safety, convenience and general welfare of the public. Therefore, the purpose of this section 4.15 is to establish reasonable regulations pertaining to the time, place and manner in which outdoor signs and window signs may be erected and maintained in order to: 1. Promote the general health, safety and welfare, including the creation of an attractive and harmonious environment; 2. Protect the public investment in the creation, maintenance, safety and appearance of its streets, highways and other areas open to the public; Draft: 01/18/12 2 3. Improve pedestrian and vehicular safety by avoiding saturation and confusion in the field of vision that could otherwise result if such signs were not regulated as provided herein; and 4. Protect and enhance the county's attractiveness to tourists and other visitors as sources of economic development. b. The board of supervisors finds that the regulations in this section 4.15 advance the significant governmental interests identified herein and are the minimum amount of regulation necessary to achieve them. c. Signs are classified and regulated in this section 4.15 by their purpose (e.g., bonus tenant panel), physical type (e.g., freestanding sign), location (e.g., off-site sign) and characteristics (e.g., illuminated sign). By classifying and regulating signs by their purpose, the board of supervisors does not intend to regulate their content and, more specifically, any particular viewpoint, but rather intends to create a reasonable classification by which to regulate the time, place and manner of signs. cd. The regulations in this section 4.15 shall apply to all outdoor signs and window signs. Each sign subject to this section 4.15 shall comply with all regulations applicable to that sign. d. Signs are classified and regulated in this section 4.15 by their purpose (e.g., anchor sign), physical type (e.g., freestanding sign), location (e.g., off-site sign) and characteristics (e.g., illuminated sign). Each sign subject to this section 4.15 shall comply with all regulations applicable to that sign. (12-10-80; 7-8-92, § 4.15.01; Ord. 01-18(3), 5-9-01) State law reference – Va. Code § 15.2-2280. Sec. 4.15.2 Definitions The following definitions shall apply in the interpretation and implementation of this section 4.15: . . . (2) Anchor sign. The term “anchor sign” means a sign that identifies any specific business within a shopping center. (8.1) Bonus tenant panel: The term “bonus tenant panel” means an additional sign permitted for individual tenants in shopping centers or planned developments when added to the freestanding sign for the shopping center or planned development. . . . (14.1) Cornice line. The term “cornice line” means the location of a cornice along the top of a wall; or, for a wall that has no cornice, the corresponding horizontal line along the top of a wall where a cornice would traditionally be located. In all cases, the “cornice line” applies to the main walls of a building and does not apply to features that extend above the top of the main walls of a building. . . . Draft: 01/18/12 3 (16) Electric message sign. The term “electric message sign” means a sign on which the copy can be changed or altered by electric, electro-mechanical or electronic means. . . . (35) Off-site sign. The term “off-site sign” means: (i) within a zoning district other than a planned development, a sign that is not located on the same lot with the use to which it pertains, but does not include a sign located in a public right-of-way; or (ii) within a planned development zoning district, a sign that is not located within the area depicted on the application plan approved for the planned development, but does not include a sign located in a public right-of-way. . . . (12-10-80; 7-8-92, § 4.15.03; Ord. 01-18(3), 5-9-01; Ord. 05-18(4), 3-16-05; Ord. 10-18(1), 1-13-10; Ord. 10- 18(3), 5-5-10; Ord. 10-18(5), 5-12-10) State law reference – Va. Code § 15.2-2280. Sec. 4.15.4 Signs authorized by sign permit Except as provided in sections 4.15.6 (exempt signs) and 4.15.24 (nonconforming signs) Except for temporary signs subject to the permitting requirements of section 4.15.4A, signs exempt from this section under section 4.15.6 or nonconforming signs subject to section 4.15.24, a sign permit shall be required for each sign erected on the same lot with the principal use to which it pertains, prior to its erection, alteration, replacement or relocation, as provided herein: a. Application. An application for a sign permit shall be submitted to the department of building code and zoning services community development, together with payment of the fee required for the application pursuant to section 35.0 35.1 of this chapter. A complete application shall consist of the following: 1. A fully completed application form, provided to the applicant by the zoning administrator; 2. A schematic legibly drawn to scale and sufficiently detailed showing the location and dimen- sions of the sign; and 3. Any plans, specifications and details pertaining to, among other things, the sign materials, the methods of illumination, methods of support, components, and the condition and age of the sign, as determined by the zoning administrator to be necessary for the review of the application. b. Application review and permit issuance. A sign permit application shall be reviewed and acted upon by the zoning administrator only as provided herein: 1. Timing of application. An application for a sign permit may be filed at any time, and if a special use permit for the sign is required under section 4.15.5 or a certificate of appropriateness for the sign is required under section 4.15.15 and section 30.6 of this chapter, the application may be filed with or any time after the application for the special use permit or certificate of appropriateness is filed. 12. Action on application. Within thirty (30) days of the after receipt of a complete sign permit application, or within seven (7) days of the receipt of a complete sign application for a temporary sign, the zoning administrator shall review the application and either: (i) approve the Draft: 01/18/12 4 application; (ii) deny the application; or (iii) refer the application to the applicant for more information as may be required by subsection 4.15.4(Aa)(3); (iv) refer the application to the board of zoning appeals because the applicant must obtain a special use permit pursuant to section 4.15.5; and/or (v) refer the application to the architectural review board because the proposed sign will be located within the entrance corridor overlay district and a certificate of appropriateness is required. An application shall be denied only if the proposed sign is a prohibited sign, or does not comply with the regulations set forth in this section 4.15 or, a required special use permit or certificate of appropriateness for the sign was not granted. If the application is denied, the reasons shall be specified in writing. 23. Failure to timely act. If the zoning administrator fails to take one of the actions described herein within thirty (30) days of receipt of a complete sign permit application, or within seven (7) days of the receipt of a complete sign application for a temporary sign, the permit shall be deemed approved as received. c. Administration, generally. Except for permits issued for temporary signs, which are subject to the regulations in subsection (D), the following regulations shall apply to the administration of sign permits: 1. A sign permit shall become null and void if the use to which the sign permit pertains is not commenced within six (6) months after the date the sign permit, special use permit or certificate of appropriateness is issued, whichever is later or, if the sign contains exclusively noncommercial copy, the sign is not erected within six (6) months after the date the sign permit is issued. Upon written request by the permittee and upon good cause shown, the zoning administrator may grant an extension of the six (6)-month period. 2. The zoning administrator shall revoke a sign permit if the sign does not comply with any applicable regulation of this section 4.15. d. Administration, permits for temporary signs. The following regulations shall apply to the administration of sign permits issued for temporary signs: 1. A temporary sign that is a portable sign shall be stabilized so as not to pose a danger to public safety. Prior to the sign being erected, the zoning administrator shall approve the method of stabilization. 2. No more than four (4) permits for temporary signs shall be issued by the zoning administrator to the same establishment in any calendar year. 3. Each permit for a temporary sign shall be valid for a period not to exceed fifteen (15) consecutive days after the erection of the sign. (12-10-80; 7-8-92, §§ 4.15.09, 4.15.09.1, 4.15.09.2, 4.15.09.3; Ord. 01-18(3), 5-9-01) State law reference – Va. Code §§ 15.2-2280, 15.2-2286. Sec. 4.15.4A Signs authorized by temporary sign permit A permit shall be required for each temporary sign (hereinafter, a “temporary sign permit”), prior to its erection, alteration, replacement or relocation, as provided herein: Draft: 01/18/12 5 a. Application. An application for a temporary sign permit shall be submitted to the department of community development, together with payment of the fee required for the application pursuant to section 35.1 of this chapter, and comply with the application requirements of subsection 4.15.4(a). b. Application review and permit issuance. A temporary sign permit application shall be reviewed and acted upon by the zoning administrator only as provided herein: 1. Action on application. Within seven (7) days after receipt of a complete application, the zoning administrator shall either: (i) approve the application; (ii) deny the application; or (iii) refer the application to the applicant for more information as may be required by section 4.15.4(a)(3). An application shall be denied only if the proposed temporary sign is a prohibited sign or does not comply with the regulations set forth in this section 4.15. If the application is denied, the reasons shall be specified in writing. 2. Failure to timely act. If the zoning administrator fails to take one of the actions described herein within seven (7) days after receipt of a complete sign application for a temporary sign, the permit shall be deemed approved as received. c. Administration. The following regulations shall apply to the administration of temporary sign permits: 1. Number of permits. No more than six (6) temporary sign permits shall be issued by the zoning administrator to the same establishment in any calendar year. 2. Period of validity. Each temporary sign permit shall be valid for a period not to exceed fifteen (15) consecutive days after the erection of the sign, provided that a temporary sign permit issued while a permanent sign is being made may be valid for longer than fifteen (15) days until the permanent sign is erected. 3. Aggregate duration for temporary signs in calendar year. Temporary signs shall not be erected at an establishment for more than sixty (60) days, in the aggregate, in a calendar year. 4. Portable signs; stabilization. A temporary sign that is a portable sign shall be stabilized so as not to pose a danger to public safety. Prior to the sign being erected, the zoning administrator shall approve the method of stabilization. d. Exemptions. A temporary sign permit is not required for a sign exempt from the sign permit requirement under section 4.15.6 or nonconforming signs subject to section 4.15.24. Sec. 4.15.6 Signs exempt from the sign permit requirement The following signs are exempt from the sign permit requirement set forth in to obtain a sign permit under section 4.15.4 and a temporary sign permit under section 4.15.4A, provided that they comply with the regulations set forth below and all other applicable regulations of this section 4.15:. A sign exempt from the requirements to obtain permits under sections 4.15.4 and 4.15.4A is not exempt from the requirement to obtain a special use permit under section 4.15.5 if required. . . . (7) Home occupation class B or major home occupation sign. A home occupation class B or major home occupation sign that does not exceed four (4) square feet in sign area. . . . Draft: 01/18/12 6 (18) Window sign. A permanent window sign, provided that it does not exceed twenty-five percent (25%) of the total area of the window or door on which it is located, and the aggregate area of all window signs on each window or door does not exceed twenty-five percent (25%) fifty percent (50%) of the total area of the window and or door; and further provided that if a permanent window sign will be on a structure within the entrance corridor overlay district and the window sign is visible from an entrance corridor overlay street, that the aggregate area of all window signs shall not exceed nine (9) square feet per business and that a certificate of appropriateness for the window sign is obtained as provided in section 4.15.15. (Amended 3-16-05) . . . (12-10-80; 7-8-92, § 4.15.04; Ord. 01-18(3), 5-9-01; Ord. 05-18(4), 3-16-05; Ord. 10-18(4), 5-5-10) State law reference – Va. Code § 15.2-2280. Sec. 4.15.7 Prohibited signs and sign characteristics Notwithstanding any other provision of this section 4.15, the following signs and sign characteristics are prohibited in all zoning districts: . . . b. Signs with characteristics that create a safety hazard or are contrary to the general welfare. Signs whose construction, design, location or other physical characteristic create a safety hazard or are contrary to the general welfare, as follows: . . . 7. Sign that obstructs vision. A sign that obstructs free or clear vision, or otherwise causes a safety hazard for vehicular, bicycle, or pedestrian traffic due to its location, shape, illumination or color; and window signs whose aggregate area on a window or door exceed twenty-five percent (25%) fifty percent (50%) of the total area of the window or door. (Amended 3-16-05) . . . (12-10-80; 7-8-92, § 4.15.06; Ord. 01-18(3), 5-9-01; Ord. 05-18(4), 3-16-05) State law reference – Va. Code § 15.2-2280. Sec. 4.15.8 Regulations applicable in the MHD, RA, VR, R-1 and R-2 zoning districts The following regulations pertaining to the number of signs permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required within the Monticello Historic District (MHD), Rural Areas (RA), Village Residential (VR) and Residential (R-1 and R-2) zoning districts: Sign Type Number of Signs Allowed Sign Area (Maximum) Sign Height (Maximum) Sign Setback (Minimum) Directory 1 or more per establishment, as authorized by zoning administrator 24 square feet, aggregated 6 feet 10 5 feet Freestanding 1 per street frontage, or 2 per entrance, per lot with 100 or more feet of continuous street frontage, plus 1 per lot if the lot is greater than 24 square feet, aggregated; if more than 1 sign, no single sign shall exceed 12 10 feet 10 5 feet Draft: 01/18/12 7 4 acres and has more than 1 approved entrance on its frontage square feet Subdivision 2 per entrance per subdivision 24 square feet, aggregated, per entrance 6 feet 5 feet Temporary 1 per street frontage per establishment 24 square feet 10 feet, if freestanding sign; 20 feet, if wall sign, but not to exceed the top of the fascia or mansard 10 5 feet Wall As calculated pursuant to section 4.15.20 40 square feet, aggregated in the RA zoning district; 20 square feet, aggregated, in other zoning districts 20 feet Same as that applicable to structure (12-10-80; 7-8-92, § 4.15.12.1; Ord. 01-18(3), 5-9-01; Ord. 05-18(5), 6-8-05) State law reference – Va. Code § 15.2-2280. Sec. 4.15.9 Regulations applicable in the R-4 and R-6 zoning districts The following regulations pertaining to the number of signs permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required within the Residential (R-4 and R-6) zoning districts: Sign Type Number of Signs Allowed Sign Area (Maximum) Sign Height (Maximum) Sign Setback (Minimum) Directory 1 or more per establishment, as authorized by zoning administrator 24 square feet, aggregated 6 feet 10 5 feet Freestanding 1 per street frontage, or 2 per entrance, per lot with 100 or more feet of continuous street frontage plus 1 per lot if the lot is greater than 4 acres and has more than 1 approved entrance on its frontage 24 square feet, aggregated; if more than 1 sign, no single sign shall exceed 12 square feet 10 feet 10 5 feet Projecting 1 per street frontage 24 square feet 20 feet, but not to exceed the top of the fascia or mansard Not applicable Subdivision 2 per entrance per subdivision 24 square feet, aggregated, per entrance 6 feet 5 feet Temporary 1 per street frontage per establishment 24 square feet 10 feet, if freestanding sign; 20 feet, if wall sign, but not to exceed the top of the fascia or mansard 10 5 feet Wall As calculated pursuant to section 4.15.20 20 square feet, aggregated 20 feet Same as that applicable to structure (12-10-80; 7-8-92, § 4.15.12.2; Ord. 01-18(3), 5-9-01) State law reference – Va. Code § 15.2-2280. Sec. 4.15.11 Regulations applicable in the PUD, DCD and NMD zoning districts The following regulations pertaining to the number of signs permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required within the Planned Unit Development (PUD), Downtown Crozet (DCD) and Neighborhood Model (NMD) zoning districts: Sign Type Number of Signs Allowed Sign Area (Maximum) Sign Height (Maximum) Sign Setback (Minimum) Directory 1 or more per establishment, as authorized by zoning administrator 24 square feet, aggregated 6 feet 5 feet 1 per street frontage, or 2 per entrance, per lot 24 32 square feet, 12 feet 5 feet Draft: 01/18/12 8 Freestanding with 100 or more feet of continuous street frontage plus 1 per lot if the lot is greater than 4 acres and has more than 1 approved entrance on its frontage aggregated, plus bonus tenant panels as provided in section 4.15.16(b); if more than 1 sign, no single sign shall exceed 12 square feet Projecting 1 per street frontage 24 square feet 30 feet, but not to exceed the top of the fascia or mansard Not applicable Subdivision 2 per entrance per subdivision 24 square feet, aggregated, per entrance 6 feet 5 feet Temporary 1 per street frontage per establishment 24 square feet 12 feet, if freestanding sign; 20 feet, if residential wall sign; or 30 feet if nonresidential wall sign, but not to exceed the top of the fascia or mansard cornice line 5 feet Wall As calculated pursuant to section 4.15.20 1 square foot 1.5 square feet per 1 linear foot of establishment structure frontage, not to exceed 32 square feet if residential wall sign, or 100 square feet if nonresidential wall sign 20 feet, if residential wall sign; or 30 feet if nonresidential wall sign Not to exceed the cornice line Same as that applicable to structure Within the DCD, oOne (1) sandwich board sign is permitted for each establishment, subject to the following: (1) the sign shall not exceed four (4) feet in height, two (2) feet in width or eight (8) square feet of area per sign face; (2) if the sign is placed on a sidewalk or any other public pedestrian right-of-way, it shall be placed in a location that provides a contiguous and unobstructed pedestrian passageway at least three (3) feet wide; (3) the sign shall not be located in any required off-street parking space, driveway, access easement, alley or fire lane; (4) the sign shall not be illuminated; (5) the sign shall be removed during non-business hours; and (6) if the sign is located on county-owned right-of-way, prior to placement of the sign the owner shall agree to indemnify and hold harmless the county against any claim or liability arising from the placement of the sign, and the agreement shall be in a form and have a substance approved by the county attorney. Sandwich board signs shall be exempt from review and approval under section 30.6 subject to the requirements of section 4.15.16(i). (12-10-80; 7-8-92, § 4.15.12.4; Ord. 01-18(3), 5-9-01; Ord. 03-18(2), 3-19-03; Ord 10-18(1), 1-13-10) State law reference – Va. Code § 15.2-2280. Sec. 4.15.12 Regulations applicable in the C-1, and CO and HC zoning districts The following regulations pertaining to the number of signs permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required within the Commercial (C-1), and Commercial Office (CO) and Highway Commercial (HC) zoning districts: Sign Type Number of Signs Allowed Sign Area (Maximum) Sign Height (Maximum) Sign Setback (Minimum) Directory 1 or more per establishment, as authorized by zoning administrator 24 square feet, aggregated 6 feet 5 feet Freestanding 1 per street frontage, or 2 per entrance, per lot with 100 or more feet of continuous street frontage plus 1 per lot if the lot is greater than 4 acres and has more than 1 approved entrance on its frontage 32 square feet, aggregated, plus bonus tenant panels as provided in section 4.15.16(b); if more than 1 sign at an entrance, no single sign shall exceed 16 square feet 12 feet 5 feet Projecting* 1 per street frontage 32 square feet 30 feet, but not to exceed the top of the Not applicable Draft: 01/18/12 9 fascia or mansard Temporary 1 per street frontage per establishment 32 square feet 12 feet, if freestanding sign; 30 feet if wall sign, but not to exceed the top of the fascia or mansard cornice line 5 feet Wall* As calculated pursuant to section 4.15.20 1 square foot 1.5 square feet per 1 linear foot of establishment structure frontage, not to exceed 100 square feet 30 feet Not to exceed the cornice line Same as that applicable to structure *Each establishment may have both a projecting sign and a wall sign. If the establishment has both such signs, the allowed sign area of the wall sign shall be reduced by the sign area of the projecting sign (which may not exceed thirty-two (32) square feet). (12-10-80; 7-8-92, § 4.15.12.5; Ord. 01-18(3), 5-9-01) State law reference – Va. Code § 15.2-2280. Sec. 4.15.13 Regulations applicable in the HC, PD-SC and PD-MC zoning districts The following regulations pertaining to the number of signs permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required within the Highway Commercial (HC), Planned Development-Shopping Center (PD-SC) and Planned Development-Mixed Commercial (PD-MC) zoning districts: Sign Type Number of Signs Allowed Sign Area (Maximum) Sign Height (Maximum) Sign Setback (Minimum) Directory 1 or more per establishment, as authorized by zoning administrator 24 square feet, aggregated 6 feet 5 feet Freestanding 1 per street frontage, or 2 per entrance, per lot with 100 or more feet of continuous street frontage plus 1 per lot if the lot is greater than 4 acres and has more than 1 approved entrance on its frontage 32 square feet, aggregated, plus bonus tenant panels as provided in section 4.15.16(b); if more than 1 sign at an entrance, no single sign shall exceed 16 square feet 12 16 feet 5 feet Projecting* 1 per street frontage 32 square feet 30 feet, but not to exceed the top of the fascia or mansard Not applicable Temporary 1 per street frontage per establishment 32 square feet 12 feet, if freestanding sign; 30 feet if wall sign, but not to exceed the top of the fascia or mansard cornice line 5 feet Wall* As calculated pursuant to section 4.15.20 1.5 square feet per 1 linear foot of establishment structure frontage, not to exceed 200 square feet 30 feet Not to exceed the cornice line Same as that applicable to structure *Each establishment may have both a projecting sign and a wall sign. If the establishment has both such signs, the allowed sign area of the wall sign shall be reduced by the sign area of the projecting sign (which may not exceed thirty-two (32) square feet. One (1) sandwich board sign is permitted for each establishment, subject to the requirements of section 4.15.16(i). (12-10-80; 7-8-92, § 4.15.12.6; Ord. 01-18(3), 5-9-01) Draft: 01/18/12 10 State law reference – Va. Code § 15.2-2280. Sec. 4.15.14 Regulations applicable in the HI, LI and PD-IP zoning districts The following regulations pertaining to the number of signs permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required within the Heavy Industry (HI), Light Industry (LI) and Planned Development-Industrial Park (PD-IP) zoning districts. Sign Type Number of Signs Allowed Sign Area (Maximum) Sign Height (Maximum) Sign Setback (Minimum) Directory 1 or more per establishment, as authorized by zoning administrator 24 square feet, aggregated 6 feet 5 feet Freestanding 1 per street frontage, or 2 per entrance, per lot with 100 or more feet of continuous street frontage plus 1 per lot if the lot is greater than 4 acres and has more than 1 approved entrance on its frontage 32 square feet, aggregate, plus bonus tenant panels as provided in section 4.15.16(b); if more than 1 sign at an entrance, no single sign shall exceed 16 square feet 1216 feet 5 feet Projecting* 1 per street frontage 32 square feet 30 feet, but not to exceed the top of the fascia or mansard 5 feet Temporary 1 per street frontage per establishment 32 square feet 12 feet, if freestanding sign; 30 feet if wall sign, but not to exceed the top of the fascia or mansard cornice line 5 feet Wall* As calculated pursuant to section 4.15.20 1.5 square feet per 1 linear foot of establishment structure frontage, not to exceed 200 square feet 30 feet Not to exceed the cornice line Same as that applicable to structure *Each establishment may have both a projecting sign and a wall sign. If the establishment has both such signs, the allowed sign area of the wall sign shall be reduced by the sign area of the projecting sign (which may not exceed thirty-two (32) square feet). Within the PD-IP zoning district, one (1) sandwich board sign is permitted for each establishment, subject to the requirements of section 4.15.16(i). (12-10-80; 7-8-92, § 4.15.12.7; Ord. 01-18(3), 5-9-01) State law reference – Va. Code § 15.2-2280. Sec. 4.15.15 Regulations applicable in the entrance corridor overlay district In addition to all other regulations set forth in this section 4.15, the following regulations shall apply within the entrance corridor overlay zoning district: a. Certificate of appropriateness required. Prior to the erection of a sign that would be visible from an entrance corridor street, including a sign erected on or visible through a window on a structure, the owner or lessee of the lot on which the sign will be located shall obtain a certificate of appropriateness for that sign unless the sign is exempt under section 30.6.5(d). b. Authority and procedure for acting upon application for certificate of appropriateness. The authority and procedure for acting upon an application for a certificate of appropriateness for a sign shall be as set forth in section 30.6. Draft: 01/18/12 11 c. Opaque backgrounds. All internally illuminated box-style and cabinet-style signs shall have an opaque background. (12-10-80; 7-8-92, § 4.15.12.8; Ord. 01-18(3), 5-9-01; Ord. 10-18(5), 5-12-10) State law reference – Va. Code §§ 15.2-2280, 15.2-2286. Sec. 4.15.16 Regulations applicable to certain sign types In addition to all other regulations set forth in this section 4.15, the following regulations apply to the sign types identified herein: . . . b. Anchor signs Bonus tenant panels. In each shopping center exceeding one hundred thousand (100,000) fifty thousand (50,000) square feet in gross floor area: (i) one (1) freestanding anchor sign bonus tenant panel shall be permitted for each one hundred thousand (100,000) fifty thousand (50,000) square feet in gross floor area, not to exceed four (4) anchor signs bonus tenant panels at the shopping center; and (ii) each anchor sign no bonus tenant panel shall not exceed six (6) eight (8) square feet in sign area. . . . i. Wall signs. In order to be eligible to have a wall sign, the establishment shall have an exterior wall. Sandwich board signs. Sandwich board signs shall be subject to the following: (1) the sign shall not exceed four (4) feet in height, two (2) feet in width or eight (8) square feet of area per sign face; (2) if the sign is placed on a sidewalk or any other public pedestrian right-of-way, it shall be placed in a location that provides a contiguous and unobstructed pedestrian passageway at least three (3) feet wide; (3) the sign shall not be located in any required off-street parking space, driveway, access easement, alley or fire lane; (4) the sign shall not be illuminated; (5) the sign shall be removed during non-business hours; and (6) if the sign is located on county-owned right-of-way, prior to placement of the sign, the owner shall agree to indemnify and hold harmless the county against any claim or liability arising from the placement of the sign, and the agreement shall be in a form and have a substance approved by the county attorney. j. Signs using rare gas illumination. Signs using exposed rare gas illumination, and signs within the entrance corridor overlay district visible from an entrance corridor overlay street that use rare gas illumination covered by a transparent material, shall not have a brightness that exceeds thirty (30) milliamps. Brightness shall be determined by the zoning administrator, who shall consider information provided by the sign manufacturer, the rated size of the sign’s transformer, and any other relevant information deemed appropriate. (Added 3-16-05) k. Wall signs. In order to be eligible to have a wall sign, the establishment shall have an exterior wall. (12-10-80; 7-8-92, § 4.15.12; Ord. 01-18(3), 5-9-01; Ord. 05-18(4), 3-16-05) State law reference – Va. Code § 15.2-2280. Article III. District Regulations Sec. 30.6.4 Certificates of appropriateness The architectural review board is authorized to issue certificates of appropriateness for any structure, and associated improvements, or any portion thereof, that are visible from the EC street to which the parcel is contiguous, as follows: Draft: 01/18/12 12 . . . b. Types of certificates of appropriateness. The architectural review board is authorized to issue the following types of certificates of appropriateness: 1. Specific developments. For specific developments associated with one or more building permits or a single site plan. 2. Signs in a new multi-business complex or shopping center. For all of the signs in a new multi- business complex or shopping center, where the architectural review board first conducts a comprehensive sign review. Once a certificate of appropriateness for signs in a new multi- business complex or shopping center is issued, the director of planning is authorized to determine whether a particular sign satisfies the conditions of the certificate of appropriateness. 3. County-wide certificates of appropriateness. County-wide certificates of appropriateness may be issued for classes of structures, sites, improvements, or architectural elements, subject to the applicable design criteria and procedures, as follows: a. Categories of structures, sites, improvements, or architectural elements eligible for county-wide certificates of appropriateness. The following categories of structures, sites, improvements, or architectural elements shall be eligible for county-wide certificates of appropriateness: 1. Structures located seven hundred fifty (750) feet or more from an EC street that are not more than five (5) stories tall. 2. Structures that are proposed to be located behind another structure that fronts an EC street as viewed from the EC street, where the rear structure is no more than twice the height of the front structure. 3. Personal wireless service facilities. 4. Wall signs proposed for structures having a single occupant Signs. 5. Safety fencing and screening fencing. 6. New or replacement rooftop-mounted or ground-mounted equipment. 7. Additions to structures or improvements for which a certificate of appropriateness was issued, where the design of the addition to the structure or improvement is consistent with the architectural design approved with the certificate of appropriateness. 8. New structure or site lighting or changes to existing structure or site lighting. 9. Minor amendments to site plans and architectural plans. 10. Building permits for which the proposed change occupies fifty (50) percent or less of the altered elevation of an existing structure. 11. Permits classified in sections 5-202, 5-203, 5-204 and 5-208(A) not otherwise exempt under section 30.6.5(k). Draft: 01/18/12 13 . . . (§ 30.6.4, 10-3-90; § 30.6.4.1, 10-3-90; 5-18-94; § 30.6.4.2, 10-3-90; §30.6.5(formerly § 30.6.3.2, 7-8-92; Ord. 01-18(3), 5-9-01); § 30.6.4, Ord. 10-18(5), 5-12-10) Sec. 30.6.5 Development exempt from requirement to obtain certificate of appropriateness The following development is exempt from the requirements of section 30.6: . . . d. Agricultural product signs, political signs, public signs, sandwich board signs, temporary signs, and sandwich board signs window signs and signs exempt from the sign permit requirement under section 4.15.6. . . . (§ 30.6.6, 10-3-90; § 30.6.6.1, 10-3-90; § 30.6.6.2, 10-3-90, 6-14-00; § 30.6.6.3, 5-18-94; § 30.6.5; Ord. 10- 18(5), 5-12-10) (Formerly SIGNS, Now see 30.6.4, 5-12-10) I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _____ to _____, as recorded below, at a regular meeting held on _________________________. Return to exec summary COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA 2010-00005 Proposed Sign Ordinance Zoning Text Amendments SUBJECT/PROPOSAL/REQUEST: Public Hearing – Proposed Sign Ordinance Zoning Text Amendments STAFF: Greg Kamptner, Ron Higgins, Stewart Wright, Margaret Maliszewski PLANNING COMMISSION PUBLIC HEARING DATE: September 13, 2011 BACKGROUND and ORIGIN: On January 6, 2010, the Albemarle County Board of Supervisors adopted a “2010 Albemarle County Action Plan” (see Attachment B) which included as item #6 the following: “Sign Ordinances – The sign ordinances need to be re-examined to ensure they do not overly restrict economic vitality of area businesses. Staff should work with local retailers to develop new ordinances that will help promote good business practices as well as maintaining quality aesthetic values.” The Board of Supervisors adopted a Resolution of Intent on the Sign zoning text amendments (ZTA) on May 12, 2010 (see Attachment C). Throughout this process we hosted three roundtable discussions to seek input from those in the sign industry, business community, local elected and appointed officials and various other groups, to hear what they had to say about the present sign ordinance and sign permit approval process and, finally, to comment on the proposed ordinance draft. On August 16, 2010 we held a work session on the Potential Sign ZTAs with the ARB. They were asked to comment on a number of items, including: the predictability of the sign review process in the entrance corridors; improvements in sign application materials and application process; changes in sign regulations for planned developments; making some standards more consistent (e.g. wall sign allowances, freestanding sign setbacks); window sign regulations and applicability; review of sign packages and coordination with site plans; entrance corridor guidelines, and; increased heights for wall signs. The ARB supported changes and suggested that regulations be simplified in most cases. We brought the results of the roundtables, ARB discussions and other comments to you for discussion at your work session on October 19, 2010. At that session we presented a number of proposed changes and received comments and guidance on those. The proposed sign ordinance changes reflect that guidance. DISCUSSION: As you will recall, we heard more about the sign review and approval process than about sign standards throughout the discovery process. It was evident in the discussions with various stakeholders that the perception was that the process took too much time and effort on the applicant’s part. To this end the staff and ARB has implemented a number of efforts to streamline the approval process, including: better coaching of applicants on what to provide to get a speedy review; county-wide administrative ARB approval standards, and; improvement to the sign application and materials to better 2 Planning Commission Public Hearing, September 13, 2011 2 guide applicants. This has resulted in significant reductions in the time it takes to review and approve sign permits , as we reported at your October 19, 2010 Work Session. Regarding the sign ordinance changes, we heard that these should be limited and result in simplifications and improvements in process that save time for applicants, boards and staff. All of the text amendments proposed are intended to do that. It was important to not develop amendments that would increase staff time in an era of reduced staffing levels. For example, eliminating reviews for special permits for off-site signs in planned developments saves staff time in developing a report to the Board of Zoning Appeals, saves the Board time in reviewing such applications and saves applicants time and money by permitting an administrative review without the costly application fee and advertising fees. Not requiring a permit or review for window signs reduces staff time and the standard simplifies enforcement of the regulations by Code Enforcement Officers. PROPOSED SIGN ORDINANCE CHANGES: The changes that are represented in the Proposed Ordinance to amend sign regulations include the following, along with some reference corrections and clarifications (see Attachment A): Planned Developments and shopping centers: --The “site” has been redefined to include the entire planned development in order to address the issue of “off-site” signs in unified developments, thus no longer requiring an SP for these. --The size for a freestanding sign for planned developments and shopping centers has been increased to allow for up to 54 sq. ft. maximum if “bonus tenant panel” signs are to be included within the primary sign. The current ordinance limits this to 32 sq. ft. in some districts and 24 sq. ft. in other districts. Currently, in shopping centers with at least 100,000 sq. ft. in gross floor area you can have one anchor sign at 6 sq. ft. for each 100,000 sq. ft. This provision has been eliminated and replaced with the “bonus tenant panel” sign type. --The anchor sign provision has been eliminated and replaced with a “bonus tenant panel” definition and provision which eliminates multiple freestanding tenant signs. Freestanding and monuments signs: --Setbacks have been made consistent (e.g. all 5’ instead of some at 5’ and some at 10’ as the current regulations require). Wall Signs: --The area maximum has been made the same in all commercial and planned districts (e.g. 1½ sq. ft. of area for each 1 linear foot of wall)? Currently it is 1:1 in some and 1½ :1 in other areas. --The height would now be allowed to be above the current 30’ maximum in non-residential development for buildings that are taller. This is now defined as “not to exceed the cornice line and the “cornice line” has been defined. Temporary Signs: --The number per year has been increase from the current limit of four to six. --The length of time they are up remains the current limit of 15 days. However this can be done in any combination of time periods as long as the aggregate does not exceed the current calendar year limit of sixty (60) days. --The fifteen day limit does not apply to a temporary sign erected while a permanent sign is being made. However, the sixty day calendar year limit would still apply to such signs. --Sandwich board signs would now be allowed in all planned development districts as they currently are in the Downtown Crozet district. 3 Planning Commission Public Hearing, September 13, 2011 3 Window Signs: --Window signs would not be subject to permits or ARB approvals. --Window signs would now have a 50% maximum coverage area per window. --Window signs that exceed 50% coverage would now be prohibited signs. PUBLIC PURPOSE TO BE SERVED: As stated earlier, all of the changes would result in more clarity for applicants, reduced staff and board time and reduced cost to the applicants. The changes would not have an adverse impact on aesthetic values present in the county. RECOMMENDATION: Staff recommends that the Planning Commission recommend to the Board of Supervisors, approval of the proposed Ordinance to amend various sign regulations in the Zoning Ordinance as found in Attachment A. ATTACHMENTS: A: Proposed Ordinance to amend the sign regulations, dated 8/29/2011 B: Board of Supervisors “2010 Albemarle County Action Plan” C: Board of Supervisors May 12, 2010 Resolution of Intent D: Current Schedule for the Sign ZTA process Return to exec summary Subject Area Current requirements Proposed requirements Planned Dev & Shopping Center “site” for off-site sign/Process Each Parcel/Special Permit from BZA Original Pl. Dev. or Shopping Center area/ No Special Permit Shopping Center Fr. St. sign size 32 sq. ft. max or 24 sq. ft. max in some districts 64 sq. ft. possible w/4 tenant panels Anchor Signs Up to 4 allowed @ 6 sq. ft. ea., freestanding. None allowed. Only bonus tenant signs once Fr. St. Sign setbacks 10 feet or 5 feet All 5 feet Wall Signs: Max area Max Height 1.5 or 1 sq. ft./1 linear ft. 30 feet 1.5 sq. ft./1 lin. ft., all Not to exceed cornice line on any building. Temp Signs: Max.#/year Length of time, each Length of time/year 4 15 days 60 days 6 15 days 60 days Window Signs: Review/ Permit/Max Coverage ARB in EC/no permit/25% No ARB review/no permit/50%?, 25%? Sandwich Board Signs In DCD only In all Planned Dev. Dist. RESOLUTION OF INTENT WHEREAS, the Albemarle County Zoning Ordinance includes regulations pertaining to the location, size, height, number and, along entrance corridors, the design, of signs; and WHEREAS, the Board of Supervisors’ “2010 Albemarle County Action Plan,” dated January 6, 2010, included as one of its objectives the re-examination of the County’s sign regulations “to ensure they do not overly restrict economic vitality of area businesses” with the goal of developing new regulations that “will help promote good business practices as well as maintaining quality aesthetic values;” and WHEREAS, the issues identified for study and action include the sign review and approval process, regulations pertaining to temporary signs, sign height, and signs within business centers, industrial parks and business parks, and definitions; and WHEREAS, it may be desired to amend the County’s sign regulations to address the issues identified above and other related issues pertaining to the regulation of signs. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good zoning practices, the Albemarle County Board of Supervisors hereby adopts a resolution of intent to consider amending Albemarle County Code § 18-4.15, Signs, and any other sections of the Zoning Ordinance deemed to be appropriate to achieve the purposes described herein; and BE IT FURTHER RESOLVED THAT the Planning Commission will hold a public hearing on the zoning text amendment proposed pursuant to this resolution of intent, and make its recommendations to the Board of Supervisors at the earliest possible date. * * * * * I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _____ to _____, as recorded below, at a regular meeting held on _________________________. Return to exec summary