Loading...
HomeMy WebLinkAbout2012-5-02Tenative BOARD OF SUPERVISORS T E N T A T I V E MAY 2, 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. Proclamation recognizing May, 2012 as National Tourism Month. b. Proclamation recognizing May 25, 2012 as Senior Independence Day. c. Spring Hill Baptist Church. 7. From the Public: Matters Not Listed for Public Hearing on the Agenda. 8. Consent Agenda (on next page). 9:30 a.m. - Public Hearings: 9. SP-2012-00001. Ivy Forum (Sign #90). PROPOSAL: Special use Permit request for Indoor Athletic Facility on 0.9370 acres. No dwellings proposed. ZONING: CO Commercial Office – offices, supporting commercial and service; residential uses by special use permit at a density of 15 units/acre. Section 23.2.2 (14) Indoor Athletic Facility. ENTRANCE CORRIDOR: Yes COMPREHENSIVE PLAN: Office Service – office uses, regional scale research, limited production and marketing activities, supporting commercial, lodging and conference facilities, and residential (6.01-34 units/acre) in Neighborhood 7. LOCATION: 2200 Old Ivy Road TAX MAP/PARCEL: 06000- 00-00-046C0 MAGISTERIAL DISTRICT: Jack Jouett. 10. ZMA-2011-008. Three Notch'd Center (Sign #115). PROPOSAL: Request to amend the application plan to include an automobile laundry use on property zoned PD-SC- Planned Development Shopping Center which allows large-scale commercial uses and residential by special use permit at 15 units/acre. No residential is proposed. PROFFERS: Yes. EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Light Industrial- manufacturing, storage, distribution, with supporting office, retail, R&D, flex and commercial uses within the Crozet Master Plan. ENTRANCE CORRIDOR: Yes. LOCATION: 5368, 5374, and 5382 Three Notch'd Road, located on the northside of Three Notch'd Road approx 500 feet west of its intersection with Parkview Drive. TAX MAP/PARCEL: Tax Map 56A3 Parcel 9 MAGISTERIAL DISTRICT: White Hall. 11. An ordinance to amend Chapter 2, Administration, of the Albemarle County Code, to amend Section 2-202, Compensation of board of supervisors, to increase the compensation of the members of the Board of Supervisors by an inflation factor of 1% effective July 1, 2012 from $14,687.00 per annum to $14,834.00 per annum. 12. An ordinance to amend Chapter 10, Offenses-Miscellaneous, of the Albemarle County Code, by adding Section 10-120.1, Designation of Police to Enforce Trespass Violations. The proposed ordinance (authorized by Virginia Code § 15.2-1717.1) would allow the file:////coba-webapp01/BOSForms/Agenda/2012Files/0502/0.0_Agenda.htm (1 of 3) [10/2/2020 10:42:39 AM] Tenative owner, lessee, custodian, or other person lawfully in charge of a property to designate the Albemarle County Police Department as a “person lawfully in charge” of such property for the purpose of enforcing trespass laws. Action Item: 13. Proposed Route 29 Bypass, Consideration of Request to VDOT for public hearing. Recess Presentations: 14. 10:45 a.m. - Board-to-Board, Monthly Communications Report from School Board, School Board Chairman. 15. 11:00 a.m. - SPCA Annual Report, Susanne Kogut, Executive Director. 16. 11:15 a.m. – Albemarle County Service Authority Quarterly Update, Gary O’Connell, Executive Director. 17. 11:35 a.m. – Rivanna Water and Sewer Authority Quarterly Update, Tom Frederick, Executive Director. 18. Closed Meeting. 19. Certify Closed Meeting. 20. Boards and Commissions: a. Vacancies/Appointments. Presentations: 21. 1:30 p.m. – Jefferson Area CHIP, Judy Smith, Executive Director. 22. 1:45 p.m. - Natural Heritage Committee Report, Lonnie Murray, Chairman. 23. 2:00 p.m. - CACVB Marketing Plan Update. 24. 2:30 p.m. - Discussion and to receive public comment: Target Study Recommendations for Albemarle County. 25. Community Development 2012 Work Program. 26. From the Board: Committee Reports and Matters Not Listed on the Agenda. 27. Adjourn to May 9, 2012, 3:00 p.m., Room 241. C O N S E N T A G E N D A FOR APPROVAL: 8.1 Approval of Minutes: January 4, January 11, February 8(A), February 8(N), February 29, 2012. file:////coba-webapp01/BOSForms/Agenda/2012Files/0502/0.0_Agenda.htm (2 of 3) [10/2/2020 10:42:39 AM] Tenative 8.2 Albemarle County’s FY12/13-FY16-17 Strategic Plan Goals and Objectives. 8.3 Resolution on the issuance by the Economic Development Authority of the City of Norfolk of its revenue and refunding bonds in one or more series (the "Series 2012 Bonds") in an aggregate principal amount of up to $300,000,000 to assist Sentara Healthcare (Martha Jefferson Hospital). 8.4 FY 2012 Budget Amendment and Appropriations. 8.5 Revised Community Use of County Facilities Policy. 8.6 Road Improvement Priorities for Virginia’s Working Draft Fiscal Year 2013-2018 Six-Year Improvements Program (SYIP). 8.7 SDP-2011-060. Colonial Nissan- Major Site Development Plan Amendment – Zoning Ordinance Waivers. 8.8 SDP-2012-015. Ivy Fire Station at Kirtley Warehouse Development Plan Amendment – Zoning Ordinance Waiver. FOR INFORMATION: 8.9 CCP-2012-0001. Law Enforcement Firing Range (Firearms Training Facility at Keene Landfill Site). 8.10 Athletic Synthetic Turf Fields Annual Report. 8.11 VDOT – Culpeper District, Albemarle County Monthly Report, May 2012. 8.12 2011 Annual Report of the Albemarle County Planning Commission. 8.13 Update on Wireless Policy and Regulations. Return to Top of Agenda Return to Board of Supervisors Home Page Return to County Home Page file:////coba-webapp01/BOSForms/Agenda/2012Files/0502/0.0_Agenda.htm (3 of 3) [10/2/2020 10:42:39 AM] NATIONAL TOURISM WEEK MAY 5 – 13, 2012 WHEREAS, the travel and tourism industry in Albemarle County continues to be vital to our economic stability and growth; and it contributes significantly to our County’s cultural and social climate; and WHEREAS, the travel and tourism industry supports the vital interests of the Albemarle County community, contributing to our employment, economic prosperity, international travel and relations, peace and understanding and goodwill; and WHEREAS, the Charlottesville Albemarle Convention and Visitors Bureau is funded through the collection of the overnight hotel tax from County hotels, bed & breakfasts, and campgrounds; and WHEREAS, the mission of the CACVB is to enhance the economic prosperity of the County by promo ting, selling, and marketing the destination; and WHEREAS, the CACVB supports and promotes the Monticello Artisan Trail, a vibrant agricultural scene and historic landmarks that attract out-of-area visitors who can enjoy the beautiful Albemarle County la ndscape; and WHEREAS, in its most recent report, the Virginia Tourism Corporation disclosed that for 2010, $274.4 million in direct visitor spending occurred in Albemarle County; and approximately 2,832 jobs in Albemarle County are directly supported through the tourism and hospitality industry, which includes lodging, food service, attractions, transportation, agritourism, and the arts; payroll for these individuals was $50.6 million; and WHEREAS, the U.S. Travel Association estimates that “1 out of every 9 jobs in the U.S. depends on travel and tourism;” and WHEREAS, the U.S. Travel Association further estimates that “each U.S. household would pay $1,000 more in taxes without the tax revenue generated by the travel and tourism industry;” and WHEREAS, every citizen in Albemarle County benefits from the positive economic impact of the tourism industry; and, it is fitting that we recognize the importance of travel and tourism to the health and vibrancy of our community;” and NOW, THEREFORE, BE IT RESOVLED, that I, Ann Mallek, Chair of the Albemarle County Board of Supervisors, do hereby proclaim the week of May 5 - 13, 2012 as NATIONAL TOURISM WEEK in Albemarle County, and I call upon all citizens to recognize the value of the tourism industry in our community and to observe this week with appropriate ceremonies and activities. Signed and sealed this 2nd day of May, 2012 Return to agenda WHEREAS, we are ever mindful that our nation is built on the wisdom, talents, and hard work of those who were born before us; and WHEREAS, we acknowledge with gratitude their contributions to those great gifts of peace and prosperity which we now enjoy; and WHEREAS, as a society fortified by independence, our aim is to nurture those who are younger and follow the example of those whose years exceed ours; and WHEREAS, our older citizens have worked long and hard to ensure that our lives are better, and our community acknowledges and supports their right to live independently and actively into their later years. NOW, THEREFORE, I, Ann H. Mallek, Chair, on behalf of the Albemarle County Board of Supervisors, do hereby proclaim May 25, 2012, Senior Independence Day, and call upon all of our citizens to serve one another and the common good by celebrating this day going forward. On behalf of the citizens and the Board of Supervisors of Albemarle County, we would like to recognize and commend Spring Hill Baptist Church for their collaborative work with the Albemarle County Social Services Family Support Program and Agnor Hurt Elementary School. Spring Hill Baptist Church makes a significant contribution to the community through a variety of programs. We honor Spring Hill Baptist Church today for two of those programs – The Saturday Tutoring Program and The Summer Day Camp. The Tutoring Program began October 1, 2005 with five children and serves twenty-five children today. Some of these children are returning middle school students who also support the younger children. The service is free to the children and provided every Saturday by church volunteers and the Youth Minister. It includes transportation, lunch, educational games and outdoor activity. The church also pays for use of the space at the school. The Summer Day Camp began in 2008 serving twenty-two children for one week but grew to two one week camps serving fifty elementary and returning middle school students in 2011. The camp, staffed by church volunteers, provides academic tutoring, indoor and outdoor sports & games, fishing, swimming, nature walks, arts & crafts, and woodworking. All campers also get breakfast, lunch and snacks. A bus and driver are provided by the County Schools but the church pays for the entire camp including food, materials, and all transportation costs. We are strengthened and enriched as a community by the skills and dedication this church contributes to the community. As a local government, we could not begin to fund all the many services we receive for free from this church that help make us a nationally recognized place to live. The Albemarle County Board of Supervisors congratulates Spring Hill Baptist Church for the success of these two programs and expresses its thanks for the outstanding work they continue to do in support of our community. Signed and sealed this 2nd day of May 2012. Return to agenda COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: County’s FY12/13-FY16/17 Strategic Plan SUBJECT/PROPOSAL/REQUEST: Approval of the Strategic Plan goals and objectives STAFF CONTACT(S): Messrs. Foley, Elliott, and Davis; and Ms. Catlin, Ms. Allshouse, and Ms. Wyatt LEGAL REVIEW: Yes AGENDA DATE: May 2, 2012 ACTION: INFORMATION: CONSENT AGENDA: ACTION: x INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: On February 1, 2012, staff presented to the Board of Supervisors an overview of strategic planning efforts that have occurred since the Board’s June 2011 Strategic Planning Retreat. These efforts include finalizing the County’s Vision Statement and the development of seven goals for implementation for the upcoming 5-year planning period. At that meeting, the Board approved the following goals and associated objectives: 1. Provide community facilities that meet existing and future needs 2. Encourage a diverse and vibrant local economy 3. Protect the County’s parks and it’s natural, scenic and historic resources 4. Promote individual responsibility and citizen ownership of community challenges 5. Promote a valued and responsive County workforce that ensures excellent customer service At the Board’s March 7, 2012 meeting, the Board approved two additional goals and associated objectives: 1. Ensure the health and safety of the community 2. Provide excellent educational opportunities to all Albemarle County residents This executive summary provides a revised goal statement for the “Protect the County’s natural, scenic and historic resources” goal based on feedback received from Board members on March 7, 2012. DISCUSSION: Staff has finalized the proposed Strategic Plan identifying seven strategic goals and associated objectives. (Attachment A) Board members expressed general consensus to amend the “Protect the County’s parks and its natural, scenic and historic resources” goal to include language reflecting the need to follow established growth management principles. Based on this feedback, staff has proposed the following amended goal: Protect the County’s parks and its natural, scenic and historic resources in accordance with the County’s established growth management polices As a result of the extensive feedback from both the Board and employees throughout the past year, staff believes that this strategic plan has the strong support needed to achieve success over the next five years. Upon the Board’s acceptance of all goal and objective statements, staff will develop action plans for each goal. Implementation of the plan will begin on July 1, 2012, and the Board of Supervisors will receive regular updates 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 the County’s website at the following link: www.albemarle.org/performance AGENDA TITLE: County’s FY12/13-FY16/17 Strategic Plan May 2, 2012 Page 2  References in executive summaries and budget materials that will connect Board agenda items and funding 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 FY12/13–FY16/17 Strategic Action Plan will provide direction for the County’s Five-Year Financial Plan and annual budget processes. RECOMMENDATIONS: Staff recommends approval of all goal and objective statements for the County’s FY12/13–FY16/17 Strategic Plan. (Attachment A) ATTACHMENTS A – FY12/13–FY 16/17 Strategic Plan goals and objectives Return to consent agenda Return to regular agenda FY13-17 Albemarle County Strategic Plan VISION: 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: 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 Learning 1. Provide excellent educational opportunities to all Albemarle County residents a. Increase the availability and quality of pre-kindergarten learning opportunities and adult workforce development opportunities. b. Improve coordination to support goals shared between the School Division’s Strategic Plan for K-12 Education and the County’s overall Strategic Plan. 2. 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 3. 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. 4. Protect the County’s parks and its natural, scenic and historic resources in accordance with the County’s established growth management polices a. Work in conjunction with key stakeholders to protect the health of our local waterways and other critical natural resources. b. Preserve and maintain the quality of the County’s investment in its parks and its 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. 5. Ensure the health and safety of the community a. Work in conjunction with key community partners to establish multi- disciplinary teams to address specific public health and/or safety issues, emerging trends and or vulnerable groups. b. Enhance the safety of the County by improving emergency response times and increasing prevention activities and services. 6. Promote individual responsibility and citizen ownership of community challenges a. Increase County’s volunteer management capability b. Increase opportunities for citizen self reliance and responsibility for addressing community issues 7. Promote a valued and responsive County workforce that ensures excellent customer service a. Demonstrate improvements to internal and external customer service. 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. RESOLUTION OF THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA WHEREAS, the Economic Development Authority of Albemarle County, Virginia (the "Authority"), has considered the plans of Sentara Healthcare (the "Company"), a Virginia non- stock corporation that is the sole corporate member of Martha Jefferson Hospital (the "Hospital"), for the issuance by the Economic Development Authority of the City of Norfolk (the "Norfolk Authority") of its revenue and refunding bonds (the "Bonds") in an aggregate principal amount of up to $300,000,000 to assist the Company and its affiliates in (a) financing or refinancing the construction and equipping of a new Sentara Leigh Hospital bed tower to substantially replace the existing Sentara Leigh Hospital, located at 830 Kempsville Road in Norfolk, Virginia, including construction and equipping of the new bed tower, a replacement central utility plant, new structured parking, a new main entrance, telephone communications / infrastructure for the bed tower, improved clinical and support space, and renovations to public corridors; (b) advance refunding the entire principal amount of, and the accrued interest on, the Authority's Hospital Revenue Bonds (Martha Jefferson Hospital), Series 2002 (the "2002 Authority Bonds"), which financed certain capital projects and equipment of the Hospital, now located at 500 Martha Jefferson Drive in Albemarle County, Virginia (the "County"); (c) advance refunding the entire principal amount of, and the accrued interest on, the Industrial Development Authority of the County of Prince William Hospital Facility Revenue Bonds (Potomac Hospital Corporation of Prince William), Series 2003, which financed certain capital projects of Sentara Potomac Hospital, located at 2300 Opitz Boulevard in Prince William County, Virginia; (d) funding any required reserve funds; and (e) financing costs of issuance allocable to the Bonds; WHEREAS, as referenced above, a portion of the proceeds of the Bonds will be applied to advance refund obligations of the Authority the proceeds of which were allocated to facilities of the Hospital located in the County; WHEREAS, the Authority held a public hearing on April 10, 2012, with respect to the advance refunding of the 2002 Authority Bonds, as required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"); WHEREAS, Section 147(f) of the Code provides that the highest elected governmental officials of the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of a private activity bond is located shall approve the issuance of such bond; WHEREAS, the Hospital is located in the County and the members of the Board of Supervisors of Albemarle County, Virginia (the "Board"), constitute the highest elected governmental officials of the County; WHEREAS, the Authority has adopted a resolution recommending that the Board approve the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution, a statement in the form prescribed by Section 15.2-4907 of the Code of Virginia of 1950, as amended (the "Virginia Code"), and a reasonably detailed summary of the comments expressed at the public hearing, as required by Section 15.2-4906 of the Virginia Code, have been filed with the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA: 1. That the Board approves the issuance of the Bonds by the Norfolk Authority to the extent required by the Code. 2. That the approval of the issuance of the Bonds, as required by the Code, does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Company, the Hospital or any other person, and that the Bonds shall provide that the Authority and the County, among others, shall not be obligated to pay the Bonds or the interest thereon or other costs incident thereto, and neither the faith or credit nor the taxing power of the Commonwealth of Virginia or the County shall be pledged thereto. 3. That this resolution shall take effect immediately upon its adoption. Adopted by the Board of Supervisors of Albemarle County, Virginia on the 2nd day of May, 2012. Attachment A – EDA adopted resolution Attachment B – Fiscal Impact Statement Attachment C – Summary of public hearing comments Return to consent agenda Return to regular agenda RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY OF ALBEMARLE COUNTY, VIRGINIA FOR THE BENEFIT OF SENTARA HEALTHCARE, AN AFFILIATE OF MARTHA JEFFERSON HOSPITAL WHEREAS, there has been described to the Economic Development Authority of Albemarle County, Virginia (the "Authority"), the plans of Sentara Healthcare (the "Company"), a Virginia non-stock corporation that is the sole corporate member of Martha Jefferson Hospital (the "Hospital"), for the issuance by the Economic Development Authority of the City of Norfolk (the "Norfolk Authority") of its revenue and refunding bonds (the "Bonds") in an aggregate principal amount of up to $300,000,000 to assist the Company and its affiliates in (a) financing or refinancing the construction and equipping of a new Sentara Leigh Hospital bed tower to substantially replace the existing Sentara Leigh Hospital, located at 830 Kempsville Road in Norfolk, Virginia, including construction and equipping of the new bed tower, a replacement central utility plant, new structured parking, a new main entrance, telephone communications / infrastructure for the bed tower, improved clinical and support space, and renovations to public corridors; (b) advance refunding the entire principal amount of, and the accrued interest on, the Authority's Hospital Revenue Bonds (Martha Jefferson Hospital), Series 2002 (the "2002 Authority Bonds"), which financed certain capital projects and equipment of the Hospital, now located at 500 Martha Jefferson Drive in Albemarle County, Virginia (the "County"); (c) advance refunding the entire principal amount of, and the accrued interest on, the Industrial Development Authority of the County of Prince William (the "Prince William Authority") Hospital Facility Revenue Bonds (Potomac Hospital Corporation of Prince William), Series 2003, which financed certain capital projects of Sentara Potomac Hospital, located at 2300 Opitz Boulevard in Prince William County, Virginia; (d) funding any required reserve funds; and (e) financing costs of issuance allocable to the Bonds; WHEREAS, as referenced above, a portion of the proceeds of the Bonds will be applied to advance refund obligations of the Authority the proceeds of which were allocated to facilities of the Hospital located in the County; WHEREAS, a public hearing with respect to the advance refunding of the 2002 Authority Bonds, as required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), has been held by the Authority on the date hereof; WHEREAS, the Company and its representatives have described the debt service cost savings and efficiencies that will arise from the issuance of the Bonds solely through the Norfolk Authority, and the health care and other benefits to the County and the Commonwealth of Virginia to be derived from such issuance of the Bonds; and WHEREAS, the Norfolk Authority and the Company have agreed to share a portion of the Norfolk Authority's annual administrative fee with respect to the Bonds with the Authority, and in connection therewith, the Company and its representatives have requested that the Authority authorize the execution and delivery by the Authority's Chairman or Vice Chairman of an Annual Administrative Fee Payment Agreement dated as of May 1, 2012 (the "Fee Sharing 2 Agreement"), between the Authority, the Norfolk Authority, the Prince William Authority and the Company, a substantially final draft of which has been presented to this meeting; NOW, THEREFORE, BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF ALBEMARLE COUNTY, VIRGINIA: 1. It is hereby found and determined that the issuance of the Bonds will benefit the inhabitants of the County and of the Commonwealth of Virginia by promoting their health, welfare, convenience and prosperity. 2. The Fee Sharing Agreement is hereby approved in substantially the form presented to this meeting, with such changes, insertions and omissions as may be approved by the Chairman or Vice Chairman, either of whom may act, which approval shall be evidenced conclusively by the execution and delivery thereof. The Chairman or Vice Chairman, either of whom may act, is authorized to execute and deliver the Fee Sharing Agreement. 3. The Authority hereby recommends and requests that the Board of Supervisors of Albemarle County, Virginia (the "Board of Supervisors"), approve the issuance of the Bonds as required by the Code and hereby directs the Chairman or Vice Chairman of the Authority to submit to the Board of Supervisors a statement in the form prescribed by Section 15.2-4907 of the Code of Virginia of 1950, as amended (the "Virginia Code"), a reasonably detailed summary of the comments expressed at the public hearing, pursuant to Section 15.2-4906 of the Virginia Code, and a copy of this Resolution. 4. The approvals herein do not constitute an endorsement to any prospective owner of Bonds of the creditworthiness of the Company, the Hospital or any other person, and the Bonds shall provide that the Authority and the County, among others, shall not be obligated to pay the Bonds or the interest thereon or other costs incident thereto, and neither the faith or credit nor the taxing power of the Commonwealth of Virginia or the County shall be pledged thereto. 5. All costs and expenses in connection with the financing and refinancing plan described in this Resolution shall be paid from the proceeds of the Bonds to the extent permitted by law or from funds of the Company, and the Authority shall have no responsibility therefor. 6. All other acts of the officers and agents of the Authority that are in conformity with the purposes and intent of this Resolution are hereby approved and ratified. 7. This Resolution shall take effect immediately. 3 The undersigned hereby certifies that the above Resolution was duly adopted by a majority of the directors of the Economic Development Authority of Albemarle County, Virginia, at a meeting duly called and held on April 10, 2012, and that such Resolution is in full force and effect on the date hereof. Date: April __, 2012 Chairman, Economic Development Authority of Albemarle County, Virginia 11609554_1.DOC FISCAL IMPACT STATEMENT* Public Hearing Date: April 10, 2012 ECONOMIC DEVELOPMENT AUTHORITY OF ALBEMARLE COUNTY, VIRGINIA FINANCING FOR: Applicant: Sentara Healthcare Project: Health Care Facilities Revenue and Refunding Bonds (Sentara Healthcare), Series 2012B 1. Maximum amount of financing sought $ 300,000,000** 2. Estimated taxable value of the facility’s real property to be constructed in Albemarle County $ N/A 3. Estimated real property tax per year in Albemarle County using present tax rates $ N/A 4. Estimated personal property tax per year in Albemarle County using present tax rates $ N/A 5. Estimated merchants’ capital tax per year in Albemarle County using present tax rates $ N/A 6. (a) Estimated dollar value per year of goods that will be purchased from Virginia companies within Albemarle County $ N/A (b) Estimated dollar value per year of goods that will be purchased from non-Virginia companies within Albemarle County $ N/A (c) Estimated dollar value per year of services that will be purchased from Virginia companies within Albemarle County $ N/A (d) Estimated dollar value per year of services that will be purchased from non-Virginia companies within Albemarle County $ N/A 7. Estimated number of regular employees on year round basis 1,665 8. Average annual salary per employee $ 57,600 ECONOMIC DEVELOPMENT AUTHORITY OF ALBEMARLE COUNTY, VIRGINIA By Chairman * The information in this Fiscal Impact Statement was supplied to the Authority by Sentara Healthcare. ** A portion of the proceeds of the Bonds in the approximate amount of $44,580,000 will be applied to advance refund obligations of the Authority that financed certain facilities of Martha Jefferson Hospital located in the County. SUMMARY OF PUBLIC HEARING STATEMENTS At 4:00 p.m. on April 10, 2012, the Chairman of the Economic Development Authority of Albemarle County, Virginia (the "Authority") called to order a meeting of the Authority; and at 4:07 p.m., announced the commencement of a public hearing held in the 4th Floor conference room at 401 McIntire Road, Charlottesville, Virginia 22902, on the issuance by the Economic Development Authority of the City of Norfolk (the "Norfolk Authority") of its revenue and refunding bonds in one or more series (the "Series 2012 Bonds") in an aggregate principal amount of up to $300,000,000 to assist Sentara Healthcare (the "Company"), whose principal business address is 6015 Poplar Hall Drive, Norfolk, Virginia 23502, in (a) financing or refinancing the construction and equipping of a new Sentara Leigh Hospital bed tower to substantially replace the existing Sentara Leigh Hospital, located at 830 Kempsville Road in Norfolk, Virginia, including construction and equipping of the new bed tower, a replacement central utility plant, new structured parking, a new main entrance, telephone communications / infrastructure for the bed tower, improved clinical and support space, and renovations to public corridors; (b) advance refunding the entire principal amount of, and the accrued interest on, the Authority's Hospital Revenue Bonds (Martha Jefferson Hospital), Series 2002 (the "2002 Authority Bonds"), which financed certain capital projects and equipment of Martha Jefferson Hospital, located at 500 Martha Jefferson Drive in Albemarle County, Virginia; (c) advance refunding the entire principal amount of, and the accrued interest on, the Industrial Development Authority of the County of Prince William Hospital Facility Revenue Bonds (Potomac Hospital Corporation of Prince William), Series 2003, which financed certain capital projects of Sentara Potomac Hospital, located at 2300 Opitz Boulevard in Prince William County, Virginia; (d) funding any required reserve funds; and (e) financing costs of issuance allocable to the Series 2012 Bonds. Richard L. Hurlbert, Jr., Esq., of Kaufman & Canoles, a Professional Corporation, Bond Counsel for the Company, and Mr. J. Michael Burris, Chief Financial Officer of Martha Jefferson Hospital, described to the Authority the advance refunding of the 2002 Authority Bonds, and invited questions concerning such refunding from members of the Authority. No members of the public appeared and spoke at the public hearing in support of or opposition to the Series 2012 Bonds or the advance refunding of the 2002 Authority Bonds and the Chairman closed the public hearing at 4:23 p.m. 11612804_1.DOC COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: FY 2012 Budget Amendment and Appropriations SUBJECT/PROPOSAL/REQUEST: Approval of Budget Amendment and Appropriations #2012037, #2012068, #2012069, #2012070, #2012071, #2012072, and #2012075 for local government and school division programs and projects STAFF CONTACT(S): Messrs. Foley, and Davis; and Ms. L. Allshouse LEGAL REVIEW: Yes AGENDA DATE: May 2, 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 $1,552,366,79. 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. BUDGET IMPACT: This request involves the approval of six (6) FY 2012 appropriations as follows:  One (1) appropriation (#2012037) totaling $1,178,576.00 for a transfer from the FY11 General Fund balance to the FY12 Capital Improvement Program Fund;  One (1) appropriation (#2012068) totaling $181,199.61 for proffer revenue offsetting current capital projects;  One (1) appropriation (#2012069) totaling $16,990.00 for a grant awarded to the Police Department for a one- time equipment purchase;  One (1) appropriation (#2012070) totaling $121,404.02 for various school division programs;  One (1) appropriation (#2012071) totaling $54,197.16 to cover costs associated with the March 6, 2012 presidential primary election;  One (1) appropriation (#2012072) reallocating $40,000.00 from the Pantops Master Plan funding to the Rivanna Trail Bridge (Old Mill Trail Bridges) project; and  One (1) appropriation (#2012075) reallocating $7,000.00 from the Grants Leveraging Fund to the Charlottesville/Albemarle Airport. RECOMMENDATIONS: Staff recommends approval of appropriations #2012037, #2012068, #2012069, #2012070, #2012071, #2012072, and #2012075. ATTACHMENTS Attachment A – Appropriation Descriptions Return to consent agenda Return to regular agenda Attachment A 1 Appropriation #2012037 $1,178,576.00 Revenue Source: General Fund Balance $ 1,178,576.00 This request is to reappropriate funding to the FY 12 General Government and School Capital Program funds from the FY 11 General Fund Balance. Each year, funding is budgeted in the General Fund for transfer to the Capital Improvement Fund (CIP) General Government Debt Service Fu nd and the School Debt Service Fund to make interest and principal payments on funds borrowed by the County for capital projects. In FY 11, a total of $16,199,914.00 was budgeted for this purpose. As noted in the FY 11 End of Year Financial Report that was provided to the Board in October, 2011, $1,178.576.00 of those funds were not needed to pay for debt service in FY 11 as expected. Those funds were not expended in FY 11 due to the following: 1) the General Government did not issue any new debt in FY11, 2) the County received a School debt-related bond premium, and 3) there were savings associated with reductions in interest rates for prior year Virginia Public School Authority (VPSA) Issuances due to VPSA refinancing of certain outstanding bonds for interest rate savings. Since there is currently an adequate level of CIP debt service funding appropriated for the CIP in FY 12, this funding will not be required to be moved forward specifically for CIP debt service in FY 12. This request is to appropriate $1,178,576.00 from the FY 11 General Fund Balance to the CIP program as follows:  $589,288.00 to the FY 12 General Government Capital Fund for “pay-as-you-go” capital projects, and  $589,288.00 to the FY 12 School Capital Fund for “pay-as-you-go” capital projects Appropriation #2012068 $181,199.61 Revenue Source: Proffer Fund Revenues $ 181,199.61 As indicated in the staff recommendations to the Board during the FY 13 Budget Work Sessions and in the follow-up proffer report to the Board on March 7, 2012, available cash proffer funding can be used for several capital projects. This request is to allocate various proffer fund revenues toward the cost of the current capital projects as identified in the schedule below. (The schedule below identifies the revenue source, the project to be funded, and the amount.) This will reduce the use of the School Capital Fund balance by $24,016.44 and will reduce the use of fund balance in the General Government Capital Fund by $157,183.17 for a total decrease in use of fund balance in the Captial Program Budget of $181,199.61. Proffer Revenue Source Project Amount($) Old Trail Proffer Crozet Elementary School ADA Entrance Ramp $ 24,016.44 Old Trail Proffer Crozet Greenway Project 24,146.44 Hollymead C Proffer Hollymead/Powell Sidewalk 62,264.79 Hollymead D Proffer Hollymead/Powell Sidewalk 31,146.37 Hollymead Town Center A1 Proffer Hollymead/Powell Sidewalk 31,056.42 North Pointe Proffer Hollymead/Powell Sidewalk 8,451.43 UVA Research Park Proffer Hollymead/Powell Sidewalk 117.72 TOTAL: $181,199.61 Appropriation #2012069 $16,990.00 Revenue Source: State Revenue $ 16,990.00 This request is to appropriate a Virginia Department of Emergency Mangement state grant in the amount of $16,990.00 (Grant 2011-SHSP CBRNE) to the Police Department. The purpose of this grant is to assist localities by funding the maintenance and replacement of services and equipment provided through previous flow -through U.S. Department of Homeland Security grants to Virginia. This particular grant will fund a one-time equipment purchase for telecommunications equipment used in hostage/barricade type critical incidents to assist bringing such situations to negotiated conclusions. No local match is required. Attachment A 2 Appropriation #2012070 $121,404.02 Revenue Source: Local Revenue (non-tax) $ 70,664.02 Use of Fund Balance (schools) $ 50,740.00 This request is to appropriate various School Division requ ests as approved by the School Board on March 22, 2012. This appropriation request of $121,404.02 includes the following:  Burley Middle School is reimbursing its School Division budget in the amount of $250.00. These local funds are to compensate the County for expenses from the Activity Accounts at Burley Middle School.  Henley Middle School received a donation in the amount of $6,288.00 from Henley’s Parent and Teacher Support Organization. The donor has requested that their contribution be used to cover the purchase of classroom projectors.  Albemarle High School (AHS) is reimbursing its School Division budget in the amount of $3,544.00 for field trip expenses, piano tuning, expenses associated with a jazz festival, dance team coaching fees, photography activities, a Student Council Association activity, and an AHS athletics expense. The funds to reimburse the School Division budget came from their Activity Accounts at AHS.  Henley Middle School received a donation in the amount of $871.97 from Henley’s Parent and Teacher Support Organization. The donor has requested that their contribution be used to help fund the “Enrichment Time before 9” program for the month of February at Henley Middle School.  Albemarle County Schools has been awarded a grant in t he amount of $19,710.00 from the KOVAR Corporation. KOVAR is a charitable corporation established by the Virginia Knights of Columbus in 1971, dedicated to assisting Virginians with intellectual disabilities. These are local funds. These funds will be used to purchase electronic hardware, software and protective and adaptive gear for students with intellectual disabilities. The equipment will increase their independence and functional skills by developing receptive and expressive communication, promoting technological literacy and training access to electronic resources.  On Thursday, January 12, 2012, the School Board approved the redistribution of $50,740.00 in School Division fund balance funds to the three comprehensive high school athletic departments to be distributed based upon student participation and used for programs proportionately divided among genders.  Albemarle County Public Schools has been awarded a locally-funded grant in the amount of $40,000.00 from State Farm Insurance Company. These funds will be used to support the M3 – Men, Math, and Mission Program. This program is designed to provide African-American males with a solid pathway for future success through increased opportunity for rigorous coursework, consistent opportunities for mentoring and support, and service learning to develop their understanding of giving back to their community. This program aims to engage African-American males in their middle school years, which set the foundation for the high school coursework and ultimatel y for career pathways in life. The M3 Program will continue to be focused directly on a skill that is critical for increased academic success; algebraic concepts. This program has been expanded to Charlottesville City and Fluvanna County students. Appropriation #2012071 $54,197.16 Revenue Source: State Revenue $ 54,197.16 This is a special appropriation request for the costs of the 2012 Presiden tial Primary Election, held on March 6, 2012. The Department of Voter Registration and Elections expects that these costs, or the majority of them, will be reimbursed by the state through the State Board of Elections. A reimbursement request was submitted to the State Board of Elections on March 28, 2012 and is contingent on the General Assembly’s passage of a budget bill. The costs of the March presidential primary cannot be paid from the Department's $55,000.00 primary election reserve fund because those funds will be needed for a June U.S. Senate primary election. (See, generally, Va. Code § 24.2-518 - county and city treasurers to pay costs of primary elections) A majority of the costs incurred for the 2012 Presidential Primary Election were for elec tion officers at the polling places and for programming and delivering voting machines. Attachment A 3 Appropriation #2012072 $0.00 Revenue Source: Transfer from Pantops Master Plan $ 40,000.00 This request reallocates $40,000.00 in CIP funding currently available in the Pantops Master Plan to the Old Mills Trails Pedestrian Bridges project. The Old Mills Trails Pedestrian Bridges project is currently identified as a high priority in the Pantops neighborhood plan. The Pantops Master Plan is intended to implement high priority projects in the Pantops neighborhoods. A Notice to Proceed on the Old Mills Trails Pedestrian Bridges project was issued to C & B Construction Services LLC on March 28, 2012. The work involved the construction of three pedestrian bridges. After the work had begun, it was found that the length of bridges #2 and #3 had to be increased due to unsuitable footer soil directly adjacent to the steep and sloughing banks. Bridge #2 has to be lengthened from 25' to 40' and bridge #3 had to be lengthened from 30' to 40'. A geotechnical investigation for the new footer locations (40’ spans) has been conducted and approved by the engineer. The contractor has submitted a change order for this additional work totaling $39,870.00. The original contract amount was $79,100.00 and the new contract amount with the change order will be $118,970.00. There is no net increase to the Capital budget since this is a transfer of already appropriated funds. Appropriation #2012075 $0.00 Revenue Source: Transfer from Grants Leveraging Fund $ 7,000.00 In 2010 the Charlottesville Albemarle Airport (CHO) formed a public -private partnership between the airport and 18 local organizations of the Greater Charlottesville Region for the purpose of supporting air service improvements and to secure new service between Charlottesville and Chicago-O’Hare (ORD). This partnership was instrumental for CHO to apply for and be awarded a Small Community Air Service Development Program (SCASDP) grant from the U.S. Department of Transportation (DOT) for funding to provide financial assistance and support to a potential carrier for this route. It was because of this effort that we were able to celebrate the launch of American Airlines service to ORD on June 9, 2011. Chicago is CHO’s second largest market without nonstop service, and American Eagle / American Airlines now provides global access via their hub at ORD. Such a connection also provides quality commercial air service to support the economy of the region through improved access for visitors and mo st importantly to support area businesses, organizations and educational institutions. Those airports that contribute from local sources other than just their own revenues are accorded priority consideration. With that in mind, CHO requested financial support from the members of CHO’s public -private partnership including Albemarle County. In support of this effort, which dates back almost two years, Albemarle and Charlottesville anticipated being able to provide $7,000.00 each towards the partnership. In c omparison, CHO will be providing the largest amount of match at $50,000.00. The total amount raised by the public - private partnership was $96,000.00. The DOT will be providing $500,000.00. The total amount will be used as cost abatement for the first year of commercial service for American Eagle/American Airlines. Staff recommends that the Board appropriate $7,000.00 in one-time matching funds from the grants matching fund in support of this effort. There is no net increase to the General Fund budget sinc e this is a transfer of already appropriated funds. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Community Use of County Facilities Policy SUBJECT/PROPOSAL/REQUEST: Approval of revised Community Use of County Facilities Policy STAFF CONTACT(S): Messrs. Foley, Letteri, Davis, Herrick, Shadman, and Freitas LEGAL REVIEW: Yes AGENDA DATE: May 2, 2012 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: Since first adopting a County facilities rental policy on February 10, 1982, the Board has encouraged the use of County facilities by Local Government and the School Division for their activities, as well as by outside organizations and groups when their activities do not interfere with County business. There have been several administrative revisions to the reservation application, with the last revision on April 22, 2010. The rental policy, including an increase in rental rates, was last approved by the Board on September 3, 2008. DISCUSSION: A draft of the proposed revised rental policy is attached (Attachment A). The substantive changes addressed in the proposed rental policy are:  limiting after-hours rental to no later than 10:00 p.m., reflecting current practice;  eliminating weekend rental, reflecting current practice;  including in the policy a provision addressing the use of the grounds that continues the consistent, but unwritten policy for its use, applied for over the last 25 years (to assure the grounds cannot be claimed to be an unrestricted open public forum); and  adjusting the rental rates to enable the County to recoup operating expenses while still offering access to County facilities below the local public and private market for similar services. Also attached is the reservation application to be used in conjunction with the revised rental policy (Attachment B). BUDGET IMPACT: Annual revenue from facility rentals would likely increase based on the rental rate increase and would offset direct costs associated with room rental activities. RECOMMENDATIONS: Staff recommends that the Board approve the revised Community Use of County Facilities Policy. ATTACHMENTS A – Community Use of County Facilities Policy B – Reservation Application Return to consent agenda Return to regular agenda 1 COMMUNITY USE OF COUNTY FACILITIES A) Generally 1. The Board of Supervisors believes in the full and best possible utilization of the physical facilities belonging to the citizens of the County. To achieve this end, the use of County facilities for governmental, school and related activities, as well as by outside organizations and groups, shall be encouraged when these activities will not interfere with the routine business of the County. 2. Proper protection, safety and care of County property shall be primary considerations in the use of County facilities. B) Eligible Organizations 1. The Board has classified various organizations and groups for the purposes of priority and the charging of fees. 1. Classification I. School and County government and School-affiliated or related groups. II. Youth agencies, educational, recreational, cultural, political, civic, charitable, social, veteran’s veterans’ or religious groups or organizations. III. Profit making or Private groups, organizations, or businesses. 2. Membership The membership of any group or organization requesting the use of County facilities must be largely from the County of Albemarle. This restriction shall not exclude the use of certain facilities, as determined by the County Executive, by state and national organizations that have a local sponsoring division of such organization. 3. Commercial Activities Commercial use of County property by any organization or individual is expressly prohibited. C) Applications and Approval 1. Applications must be sponsored by reputable and established clubs, societies or organizations that reasonably can be held responsible for the payment of charges, compensation for damages to property and for use of the property in reasonable conformity with the regulations on the application. 2. The Board authorizes the County Executive or his designee to approve all applications for the use of County facilities that meet the requirements of the Board, that comply with implementing regulations the County Executive deems necessary to protect County property and that do not conflict with established business or commercial interests in the community. The County Executive shall design such application forms as are required. The completed and signed form shall be a binding agreement upon the applicant and the County. 2 3. No rental application will be considered more than six months prior to the desired rental date. 4. The County Executive or his designee reserves the right to cancel a rental contract up to ten calendar days prior to a scheduled rental. 5. The Lane Auditorium and COB – 5th Street Room A are is available during business hours (8:00 a.m. – 5:00 p.m. Monday through Friday) only if the applicant provides shuttle bus services or off-site parking for participants of the meeting. On-site parking is not available for large meetings during business hours. 6. All activities shall end, with County facilities vacated, no later than 10:00 p.m. 6.7.The Lane Auditorium is not available on any day during which a local government board, commission, or other duly appointed entity is scheduled to use the facility due to the possibility of these meetings running beyond the scheduled end time. 7.8.Meeting rooms and Auditorium are not available on holidays, scheduled or declared, when the County Office Building is closed. 8.9.Reservations will automatically be cancelled when the County office buildings are closed due to inclement weather or emergency conditions. 10. County Office Buildings’ Grounds and Parking Lots: a. Unless otherwise specifically allowed in this policy, the Grounds of the County Office Buildings are not open for public use. For purposes of this restriction, the Grounds do not include parking lots that are open for public use or sidewalks, provided that ingress and egress are not obstructed and that use of those parking lots or sidewalks does not interfere with the conduct of County business. b. Parking in County parking lots for purposes not related to business being conducted in or on County facilities shall not be permitted during the County’s regular business hours, or during meetings of the Board of Supervisors, Planning Commission, or School Board. In addition, there shall be no public parking in such lots between the hours of 2:00 a.m. and 6:00 a.m. At such other times, unrestricted spaces in parking lots are open to the public for general parking purposes. c. Veterans’ Memorials. The County Executive or his designee may consider requests for the use of the area in proximity to the veterans’ memorials on the Grounds by veterans’ groups or organizations consistent with this policy. Such requests must be made and approved no less than 5 business days before the proposed activity. d. At no time shall vehicles be parked on the lawns or pedestrian walkways. e. Unauthorized users of County facilities or Grounds are subject to removal and/or prosecution for trespassing. D) Fees (See Attachment) 1. The County Executive shall establish a minimum schedule of fees and may make additional adjustments in the fees. The minimum schedule and additional adjustments shall be based upon the classification of the group or organization, the 3 facilities to be used, the size of the group, the objectives of the organization, the approximate cost to the County and the purpose for which the facility will be used. 2. In general, the County Office Building Rental Charges schedule (attached below) will apply. 3. A full rental fee shall be charged to all groups (except Classification I) when County facilities are to be used for fund raising and/or when an admission charge is levied. 4. All fees must be paid at least seven (7) calendar days in advance, and the sponsoring organization whose name appears on the application shall be held responsible for any and all damages to property and equipment. E) Protection of County Property 1. An employee or agent of the County shall be on duty on the property at times when the facilities are in use. No equipment or furnishings may be used or moved without the consent of the employee in charge if such usage is not in conformity with the contracted agreement. The employee in charge may expel any group if said group, after ample warnings, fails to adhere to the provisions of their rental agreement. 2. The sponsoring organization shall be responsible for crowd control measures, including the employment of police protection when required. Such control shall be arranged in advance when deemed necessary by the County Executive or his designee. F) Safety 1. Organizations and individuals using the facility shall be responsible for familiarizing themselves with the nearest exits in case of emergency evacuation. Each conference room has a Fire Escape Plan posted at its entrance which shows the primary and secondary escape routes. G) Deposits 1. A cash bond or deposit may be required at the discretion of the County Executive or his designee prior to use of the property. Lane Auditorium and COB-5th Street Room A Rental Charges Classification Weekday- Business Hours Weekday- Evening Weekends I. County/Schools* No Charge No Charge No Charge II. Youth agencies, educational, recreational, cultural, political, civic, charitable, social, veteran’s or religious groups or organizations No Charge$18.00 flat fee $18 custodial charge$40.00 per hour Fee: $175 flat fee plus $28/hr Security/Custodial Personnel Fee Deposit: $150, to be returned. upon satisfactory inspection III. Profit Making or Private Groups, Organizations or Businesses $175$200.00 flat fee plus $18 custodial charge $175$200.00 flat fee plus $18 custodial charge Fee: $175 flat fee plus $28/hr Security/ Custodial Personnel Fee Deposit: $150, to be returned upon satisfactory inspection. * Departments directly supervised or sponsored by the County Executive/Superintendent or sponsored by the local office of the Virginia Cooperative Extension 4 The Lane Auditorium and COB – 5th Street Room A are available during business hours (8:00 a.m.-5:00 p.m. Monday through Friday) only if the Applicant provides shuttle bus services or off-site parking for participants of the meeting. On-site parking is not available for large meetings during business hours. County Office Building Meeting Rooms Rental Charges (Other than for Lane Auditorium and COB-5th Street Room A) Classification Weekday- Business Hours Weekday- Evening Weekends I. County/Schools* No Charge No Charge No Charge II. Youth agencies, educational, recreational, cultural, political, civic, charitable, social, veteran’s or religious groups or organizations No Charge$18.00 flat fee $18.00 custodial charge$40.00 per hour Fee: $28/hr Security/Custodial Personnel Fee Deposit: $150, to be returned. upon satisfactory inspection III. Profit Making or Private Groups, Organizations or Businesses $40.00 per hour plus $18.00 custodial charge $40.00 per hour plus $18.00 custodial charge Fees: $40.00 per hour plus $28/hr Security/Custodial Personnel Fee Deposit: $150, to be returned upon satisfactory inspection. * Departments directly supervised or sponsored by the County Executive/Superintendent or sponsored by the local office of the Virginia Cooperative Extension Additional Charges 1. Each additional room used shall incur an additional charge, pursuant to the above schedule. 2. Requests to set up additional chairs/tables shall incur a flat $18.00 charge. 3 Any portion of a meeting scheduled past 5: 30 5:00 p.m. will be subject to the applicable custodial charge weekday evening rate. 4. For any event at which food is served, a $150.00 security deposit will be charged, to be returned upon satisfactory inspection of facility. File: I:\dept\general services\forms\room rental application & policy.doc 1 Application Number____________ APPLICATION FOR RESERVATION OF ALBEMARLE COUNTY FACILITIES OR GROUNDS I (we) __________________________________________________________, on behalf of ___________________________________________________________________ (organization) (the “Applicant”), have read and understand the attached rules and regulations and in accordance with same, I (we) hereby make application for the use of Room ____________ (space wanted) on _________________ (date), between the hours of ___________ and ___________ under the conditions indicated below: 1) The exact purposes, for which the space will be used, including the exact kind of equipment and apparatus to be brought on the property and any special equipment desired to be used: ___________________________________________________________________________ ________________________________________________________________________ 2) The following person(s) (include contact information) will be in charge of the program: ___________________________________________________________________________ ________________________________________________________________________ 3) The schedule of admission charges will be as follows: ___________________________________________________________________________ ________________________________________________________________________ 4) The proceeds from such charges will be distributed and used as follows: ___________________________________________________________________________ ________________________________________________________________________ 5) Number of anticipated people attending:_________________________________________ Number of anticipated parking spaces needed: ____________________________________ 6) Will food be served during this event (YES/NO)? _________________________________ General Rules and Responsibilities of Individuals/Organizations Using County Facilities On behalf of the Applicant, the undersigned acknowledges and hereby agrees to ensure compliance with the following rules and responsibilities: 1. The rental fee shall be paid prior to the rental date. 2. A representative designated as the Applicant’s “responsible individual” shall remain on site throughout the rental period. 3. The Applicant shall provide appropriate supervision of all the individuals using the facility (to include the audience in case of performances). 4. The Applicant shall ensure all general and specific rules and regulation s are adhered to, and safeguard all County property entrusted into its care. 5. Only the room/facility specifically requested and paid for (and adjacent restrooms) shall be used. 6. Auditorium furniture shall not be moved or otherwise rearranged. 2 7. No food or drink shall be brought into the Lane Auditorium. 8. Other than guide dogs, hearing dogs, and service dogs for persons with disabilities, no animals shall be allowed in County buildings, without the County’s prior consent. 9. No tobacco or alcohol shall be brought onto any County grounds or into any County facility. 10. Rental of the Lane Auditorium shall not include the use of its audio/visual/recording / computer equipment, except by Class 1 Departments (directly supervised by the County Executive/Superintendent or sponsored by the Virginia Cooperative Extension). Other groups may bring their own equipment, if desired. 11. The Applicant shall be responsible for all damage to County property and shall either (choose one): ______(a) Maintain commercial general liability insurance (of not less than $1,000,000 per occurrence and $2,000,000 aggregate combined limit) that insures it, the County of Albemarle, its officers, employees and agents against claims of personal injury, including death, as well as against claims for property damage, which may arise from the operations of the Applicant, of any agent, or of anyone directly or indirectly employed by either of them. The Applicant shall provide Certificate(s) of such insurance; OR ______(b) Indemnify and hold harmless the County and any of its officers, employees and agents for any and all claims of any kind asserted for any damage, loss, injury or death to persons or property arising out of the above use of County property, including attorney’s fees. Nothing herein shall be construed as a waiver of the sovereign immunity of the County. Failure to adhere to these terms and conditions may be used as grounds to bar future use of County facilities. Allowing a group/organization to use the Count y’s facilities does not constitute an endorsement of the group/organization’s policies, beliefs or practices. I hereby certify that I am authorized to sign on behalf of the Applicant. I assume full responsibility for compliance with the above Rules. Signed ________________________________________ (Applicant) By ___________________________________________ Address _______________________________________ Phone Number __________________________________ ______________________________________________________________________________ FOR OFFICE USE ONLY - ACTION TAKEN 1) ( ) Approved for use of Room ____________ on _____________________________ pending receipt of rental fee. 2) Total rental fee: $_________________ Due Date(s):_______________________ 3) Classification:____________________________ 4) ( ) Disapproved for reason described below: ___________________________________________________________________________ _____________________________________________________________________ County of Albemarle (General Services) By:_________________________________ Revised: 9/30/99, 7/3/02, 3/19/08, 4/7/2010, 4/22/10 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Road Improvement Priorities for Virginia’s Working Draft Fiscal Year 2013-2018 Six-Year Improvements Program (SYIP) SUBJECT/PROPOSAL/REQUEST: Approval of County’s Road Improvements Priority List for Transmittal to Commonwealth Transportation Board STAFF CONTACT(S): Messrs. Foley, Elliot, Davis, Graham, Cilimberg, and Benish LEGAL REVIEW: Yes AGENDA DATE: May 2, 2012 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The Commonwealth Transportation Board (CTB) will be conducting a series of public hearings in April and May (May 2nd in Culpeper) to give citizens and public officials an opportunity to provide comments on projects in the Working Draft Fiscal Year 2013-2018 Six-Year Improvements Program (SYIP). Projects can include interstate, primary road, rail, bicycle, pedestrian, and transit improvement priorities. Comments can also be sent to the Virginia Department of Transportation (VDOT) and Virginia Department of Rail and Public Transit (VDRPT) by May 18, 2012. This process differs from the Secondary Road Plan process in that specific amounts of funds are set aside for secondary road projects in the County after a local public hearing, whereas funds for interstate and primary road projects are allocated for each construction district after the scheduled statewide public hearings. All interstate and primary road projects proposed within individual localities in the district compete for those district funds. The Culpeper District includes Albemarle, Culpeper, Fauquier, Fluvanna, Greene, Louisa, Madison, Orange, and Rappahannock Counties. DISCUSSION: Attachment A is staff’s recommended priority list of improvements for inclusion in the FY 2013-2018 SYIP based on the Charlottesville-Albemarle MPO Long Range Transportation Plan Constrained Project List and prior Board priority lists. The list in Attachment A is essentially the same list adopted by the Board in April 2011, but has been updated to note the latest status of projects (funding, design and/or construction), as well as two new transit improvement projects and two new safety improvement projects. The proposed new transit projects are:  II. TRANSIT IMPROVEMENTS (Page 2): 5. Provide new service to Avon Street/Urban Neighborhood 4 area. 6. Provide new service in the US 29 North corridor/Hollymead/Airport. Both of these projects are recommended in the County’s Comprehensive Plan, including the Places29 Master Plan. Both projects have also been identified in the Charlottesville Area Transit (CAT) Transit Development Plan for possible implementation with the next 3-5 years. The proposed new safety improvement projects are:  III. SAFETY IMPROVEMENTS (Page 2): 1. Construction of pedestrian walkways and/or bikeways…: f. Route 250 West in Crozet (Cloverlawn/Blue Ridge Shopping Center/Cory Farms subdivision area). Residents in the area have recently requested these improvements to provide safe pedestrian access along and across Route 250 in this area. A recent pedestrian-vehicle related fatality occurred in this area. 2. Intersection improvements on Route 250 West at … Route 240 (at the Mechums River Bridge). Traffic control and alignment improvements for this intersection have been identified in the County’s Comprehensive Plan/Crozet Master Plan and in the TJPDC 2035 Rural Long Range Transportation Plan. AGENDA TITLE: Road Improvement Priorities for Virginia’s Working Draft Fiscal Year 2013-2018 Six-Year Improvements Program (SYIP) May 2, 2012 Page 2 In addition to the above changes, staff is proposing to add a new section to this document (after the County Priorities) that notes major projects which have been fully funded in the State Six Year Improvement Plan. This section is identified as: “OTHER APPROVED PROJECTS FULLY FUNDED IN THE STATE SIX YEAR IMPROVEMENT PLAN”. Including this section enables anyone viewing the document to see both the projects recommended for development as well as those currently programmed for construction. With the Board’s approval, staff will forward the priority list to VDOT (and VDRPT) by May 18, 2012. BUDGET IMPACT: This is a state funding program, so there are no direct impacts to the County’s budget. RECOMMENDATIONS: Staff recommends that the Board adopt the County’s Priority List (Attachment A) as modified for this year. ATTACHMENTS A – Albemarle County Recommended Priorities for FY 2013-2018 SYIP Return to consent agenda Return to regular agenda ATTACHMENT A ALBEMARLE COUNTY RECOMMENDED PRIORITIES FOR FY 2013-2018 SYIP (ADOPTED APRIL 2011) MAY 2, 2012 NOTE: UPDATES AND NEW ADDITIONS ARE NOTED IN STRIKE-THROUGH AND RED ITALIC TYPE I. MAJOR IMPROVEMENTS 1. Construct Meadow Creek Parkway from Route 250 Bypass to Melbourne Rd., including the interchange at the Route 250 Bypass. Secondary/Urban/Federal earmark funds – Designed and funded to construct; County portion complete under construction. City section funded and under construction except for interchange. 1. Improvements to Route 29 North Corridor: a. Funding of 29H250 Phase II Study, Option B design recommendations , most particularly additional north and southbound lanes on Route 29 from the Hydraulic Road intersection to the Route 250 Bypass and an additional ramp lane from Route 29 southbound onto the Route 250 Bypass West; Places 29 Priority project; Primary/Proffer/City funds – Partial funding committed to design and construct. b. Construct a third lane on the northbound and southbound lanes of Route 29 North from the South Fork Rivanna River to the Hollymead Town Center; Places 29 Priority project; No funding to design or construct. b. c. Construct Hillsdale Drive extension from Hydraulic Road to Greenbrier Drive; Places 29 Priority project; Urban funds/Private right of way donations – Designed and being funded to construct. c. d. Construct Berkmar Drive extension. Places 29 Priority project; Portion being constructed in Hollymead Town Center; CIP funding – available for design only (no funding to construct). 2. Improve Route 250 East corridor as recommended in the Pantops and Village of Rivanna Master Plans (improvements to I-64 interchange, pedestrian crossings in Pantops, parallel roads, new bridge/crossing at Rivanna River and widening of Route 250 east from the I -64 interchange to Village of Rivanna). Interstate funding – I-64 interchange under construction; [note: I-64 exit ramp improvements completed] Portions of parallel roads constructed in private projects; no additional funding to design or construct. 3. Improvements in accord with the recommendations of the Crozet Master Plan: a. Implement sidewalk plan (per Downtown Sidewalk and Parking Study and Crozet Master Plan); CIP/Enhancement/Revenue Sharing funds - Crozet Ave. Streetscape project designed and funded to construct. b. Create bike lanes to and in downtown; Secondary/Revenue Sharing funds – Jarman’s Gap Rd. designed and funded to construct under construction; Library Ave. partially built. c. Construct Eastern Avenue, to include the Lickinghole Bridge and a ra ilroad crossing; Portion constructed in private project; Location plan complete. No funding to design or construct. d. Construct un-built sections of Library Ave. east from Crozet Avenue to Hill Top St. CIP funds - Portion constructed; No additional funding to design or construct. 4. Widen Route 20 North from Route 250 to Elks Drive/Fontaine Drive intersection, including bike lanes and sidewalks. No funding. 5. Undertake improvements recommended in the Southern Urban Area B Study, including improvements to Fontaine Avenue and construction of Fontaine Avenue to Sunset Avenue connector road. Proffer for a portion of Fontaine Ave. to Sunset Ave. Connector; No additional funding to design or construct. 6. Widen Route 20 South from I-64 to Mill Creek Drive, including bike lanes and sidewalks. No funding. 7. Improve two intersections on Route 20 (Valley Street) in Scottsville: the Warren Street intersection and the Hardware Street intersection. No funding. II. TRANSIT IMPROVEMENTS 1. Regional Transit Authority - Funding to establish a regional transit authority to provide expanded transit service to Albemarle County and Charlottesville. No funding. 2. Expand Existing Service - Funding to expand existing transit service capacity for CAT, JAUNT and RideShare, including capital projects to enhance capital operations (such as bus pull-outs, shelters, etc.). Limited funding in CIP for 2-4 bus stops/shelters. 3. Funding for Transit Operational Costs - Fully fund the State’s existing formula share of transit operating costs or provide fuel subsidies in the face of rapidly escalating fuel costs. Services provided in County by CAT are County funded. 4. Inter-City Rail – Maintain increased inter-city rail service initiated to Charlottesville/Albemarle County in 2009. State funded through 2012. 5. Provide new service to Avon Street/Urban Neighborhood 4 area. No funding. 6. Provide new service in the US 29 North corridor/Hollymead/Airport. No funding. III. SAFETY IMPROVEMENTS 1. Construction of pedestrian walkways and/or bikeways along primary roads in the County’s Urban Neighborhoods and Development Areas as part of road widening/improvement projects. Absent major road improvements, the following are prioritized for pedestrian and/or bikeway improvement: a. Route 240 in downtown Crozet; Enhancement/Revenue Sharing funds – Crozet Ave. streetscape project designed and funded to construct. b. Pedestrian crossings at strategic locations on Rt 29 N orth; No funding. c. Route 250 East in Pantops - complete existing sidewalk system through extension and connections; provide pedestrian crossings at strategic locations; CIP funding – under construction. d. Route 250 West from the City limits to the 250 Bypass area; No funding. e. Route 20 South from City limits to Mill Creek Drive extended. No funding. f. Route 250 West in Crozet (Cloverlawn/Blue Ridge Shopping Center/Cory Farms subdivision area). Limited funding available (County CIP). 2. Intersection improvements on Route 250 West at: 1) Tilman Road; and 2) Owensville Road; 3) Route 240 (at Mechums River Bridge). Improvements to address traffic control, such as traffic light, round-about, or other such improvements. No funding. 3. Full lane widths, paved shoulders and spot improvements on Route 22 and Route 231. No funding. 4. Traffic control improvements at the intersection of Route 250 West and Route 151 (traffic light, round-about, or other such improvements). No funding. OTHER APPROVED PROJECTS FULLY FUNDED IN THE STATE SIX YEAR IMPROVEMENT PLAN  Rt. 250 Bypass, Construct Interchange with McIntire Road (Charlottesville)  McIntire Road Extended, Construct 2 Lanes (Charlottesville)  Route 29 Corridor Improvements, reconstruction with added capacity from Ashwood Boulevard to Town Center Drive  Route 29 Western Bypass, New Construction  Bridge Replacement, Route 250 over Little Ivy Creek  Various spot and safety improvements--5 projects on Rt. 29, Rt. 53, Rt. 20, Rt. 250 (flashing lights, shoulder widening, signage and guardrail, turn lane improvements) COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SDP2011-060, Colonial Nissan Major Site Development Plan Amendment – Zoning Ordinance Waivers SUBJECT/PROPOSAL/REQUEST: Approval of waiver requests from the following sections of the zoning ordinance: 1. Section 4.2 Critical Slopes 2. Section 4.12.15 (d) Sight Distance in Parking Areas 3. Section 4.12.17 (d) Turning Radii Design Requirement STAFF CONTACT(S): David Benish, Meagan Yaniglos LEGAL REVIEW: No AGENDA DATE: May 2, 2012 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: No REVIEWED BY: N/A BACKGROUND: The property is located on Myers Drive and Seminole Trail (US 29) (TMP45-94B). The Board of Supervisors has approved a Special Use Permit (SP-2011-18) for a parking deck on this site. A site development plan amendment is now under review for this proposal. The requested modifications would have previously been approved administratively as part of the site plan review. Due to a recent State Supreme decision, these modifications must now be approved by the Board of Supervisors. Staff is recommending approval of all three waiver requests. DISCUSSION: 1. Critical Slopes Waiver – This recommendation for approval is based on staff’s determination that the waiver requests meets the requirements listed in Section 4.2.5 (b): b. Waiver by the agent. In accordance with the procedures stated in section 2.5 of this chapter, the agent may waive the prohibition of disturbing critical slopes on any parcel not within the Rural Areas (RA), Monticello Historic District (MHD) or Village Residential (VR) zoning districts in the following circumstances: (i) the critical slopes were created during the development of the property pursuant to a site plan approved by the county; or (ii) the critical slopes will be disturbed to replace an existing structure located on the critical slopes and the extent of the disturbance is the minimum necessary to replace the existing structure with a new structure whose footprint does not exceed the footprint of the existing structure. The agent may grant a waiver if he or she finds that: 1. The property is not identified in the open space plan as one having any protected resources and a field inspection has confirmed that there are no significant or critical features on the property identified for protection in the open space plan; 2. There is no reasonable alternative that would eliminate or reduce the disturbance of critical slopes; 3. The developer or subdivider submitted and obtained approval from the program authority of an erosion and sediment control plan, regardless of whether the area disturbed is less than ten thousand (10,000) square feet; and 4. The developer or subdivider submitted and obtained approval from the county engineer of a plan that describes how the movement of soil and rock, stormwater runoff, siltation of natural and man-made bodies of water, the loss of aesthetic resources identified in the open space element of the comprehensive plan and, in the event of the failure of a treatment works and subsurface drainfield, a greater travel distance of septic effluent, will be mitigated through design, construction techniques, revegetation, stormwater management and other best management practices. 2. Waiver for the sight distance requirement within the parking garage – This approval is based on staff’s determination that parking garages require this waiver because of the nature of the design of a parking garage. Staff has consistently granted this waiver administratively for parking garages, such as those at Martha Jefferson Hospital. d. Sight distance. Minimum intersection sight distance for internal intersections of access aisles, intersections of access aisles and pedestrian ways, and access aisles around buildings shall not be less than one hundred (100) feet. The county engineer may increase this minimum, if the travel speed is anticipated to exceed ten (10) miles per hour, to a sight distance commensurate with the anticipated travel speed. If the county engineer anticipates that travel speeds of twenty (20) miles per hour or greater may be reasonably achieved along a primary travelway serving a development, he may require that the travelway comply with the private road horizontal and vertical standards stated in Table A of section 14-514 of the Code for the anticipated traffic volume. Sight distance shall be measured as provided in Section 602 of the Albemarle County Design Standards Manual. 3. Waiver of the turning radii requirement within the parking garage – No truck traffic is expected within the parking garage. It is for employee parking and excess vehicle inventory only. Therefore, Staff is recommending approval of this waiver for Colonial Nissan. Also, staff has consistently granted approval of this waiver for parking garages, including for Martha Jefferson Hospital. d. Turning radii. Turning radii shall be limited by the requirement to maintain one hundred (100) foot sight distance. Turning movements for delivery vehicles or other expected truck traffic shall be evaluated by the county engineer using AASHTO single unit truck standards or other AASHTO standard vehicle as appropriate. BUDGET IMPACT: none RECOMMENDATIONS: Staff recommends approval of the applicant’s requests for the following waivers. 1. Section 4.2 Critical Slopes 2. Section 4.12.15 (d) Sight Distance in Parking Areas 3. Section 4.12.17 (d) Turning Radii Design Requirement ATTACHMENTS: None Return to consent agenda Return to regular agenda COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SDP-2012-015 Ivy Fire Station at Kirtley Warehouse Development Plan Amendment – Zoning Ordinance Waiver SUBJECT/PROPOSAL/REQUEST: Approval of a waiver from the following section of the Zoning Ordinance: 1. Section 4.2 Critical Slopes STAFF CONTACT(S): David Benish, Joanne Tu Purtsezova LEGAL REVIEW: No AGENDA DATE: May 2, 2012 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: No REVIEWED BY: N/A BACKGROUND: The Ivy Fire Station is proposed to be located in the former Kirtley Distributing Warehouse at 642 Kirtley Lane, off of Ivy Rd. (TMP 59-23B1). This is a request to allow disturbance of critical slopes. The critical slopes to be disturbed have been determined to be man-made. Due to a recent State Supreme Court decision, the waiver request must now be approved by the Board of Supervisors. Staff is recommending approval of this waiver request. DISCUSSION: The staff’s recommendation for approval is based on the finding that this critical slopes waiver request has substantially met the requirements listed in Section 4.2.5 (b): b. Waiver by the agent. In accordance with the procedures stated in section 2.5 of this chapter, the agent may waive the prohibition of disturbing critical slopes on any parcel not within the Rural Areas (RA), Monticello Historic District (MHD) or Village Residential (VR) zoning districts in the following circumstances: (i) the critical slopes were created during the development of the property pursuant to a site plan approved by the county; or (ii) the critical slopes will be disturbed to replace an existing structure located on the critical slopes and the extent of the disturbance is the minimum necessary to replace the existing structure with a new structure whose footprint does not exceed the footprint of the existing structure. The agent may grant a waiver if he or she finds that: 1. The property is not identified in the open space plan as one having any protec ted resources and a field inspection has confirmed that there are no significant or critical features on the property identified for protection in the open space plan; 2. There is no reasonable alternative that would eliminate or reduce the disturbance of critical slopes; 3. The developer or subdivider submitted and obtained approval from the program authority of an erosion and sediment control plan, regardless of whether the area disturbed is less than ten thousand (10,000) square feet; and 4. The developer or subdivider submitted and obtained approval from the county engineer of a plan that describes how the movement of soil and rock, stormwater runoff, siltation of natural and man -made bodies of water; the loss of aesthetic resources identified in the open space element of the comprehensive plan and, in the event of the failure of a treatment works and subsurface drainfield, a greater travel distance of septic effluent, will be mitigated through design, construction techniques, revegetation, stormwater man agement, and other best management practices. RECOMMENDATION: Staff recommends approval of the applicant’s request for a waiver of Section 4.2, Critical Slopes. Return to consent agenda Return to regular agenda COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 MEMORANDUM TO: File FROM: Andy Sorrell, Senior Planner DATE: April 11, 2012 RE: CCP201200001 Firearms Training Facility at Keene Landfill Site The Albemarle County Planning Commission, at its meeting on April 3, 2012, by a vote of 5:2, made a finding that the location, character and extent of the proposed Law Enforcement Firing Range Facility (Firearms Training Facility at Keene Landfill Site) is in substantial accord with the County’s adopted Comprehensive Plan for the reasons identified as the favorable factors as outlined in the staff report, as follows: 1. Site will utilize an under-used county-owned land; 2. Site’s size and remote nature isolates it from more densely populated areas; 3. Location of range on site will further limit adverse impact on adjacent agricultural properties; 4. Site’s location limits impacts to natural, scenic, historic and cultural resources. Cc: Gregory Patsch Police Dept. Col. Sellers File View staff report and attachments View PC minutes Return to consent agenda Return to regular agenda CCP 2012-00001 Law Enforcement Firing Range Planning Commission 4/3/12 Staff Report Page 1 COUNTY OF ALBEMARLE STAFF REPORT SUMMARY Project Name: CCP 2012-00001 Law Enforcement Firing Range Staff: Andy Sorrell, Senior Planner Planning Commission Public Hearing: April 3, 2012 Board of Supervisors Public Hearing: N/A Owner/s: Albemarle County Applicant: Office of Facilities Development/ Albemarle County Police Department Tax Map Parcels: 129-2A Location: end of Rt. 704 Fortune Lane, approximately 1.4 miles south of intersection of Fortune Lane and Riding Club Rd Acreage: 169.12 acres Zoning District: RA, Rural Areas Conditions or Proffers: No Magisterial District: Samuel Miller Proposal: Compliance with the Comprehensive Plan review for a potential law enforcement training facility, consisting of an outdoor firing range, at the end of Fortune Lane in Keene. Comprehensive Plan Designation: Rural Area Use & Character of Property: Location of the closed Keene landfill, open space, wooded Use of Surrounding Properties: wooded, open space, agricultural Factors Favorable: 1. The site will utilize an under-used county- owned property. 2. The site’s size and remote nature isolates it from more densely populated areas. 3. The location of the firing range on site will further limit adverse impact on adjacent agricultural properties. 4. The site’s location limits impacts to natural, scenic, historic and cultural resources. Factors Unfavorable: 1. The proposed use on the site will produce noise at property lines that are above the noise ordinance provisions of the zoning ordinance. RECOMMENDATION: Staff recommends that the Commission find that the location, character and extent of the proposed Law Enforcement Firing Range facility is in substantial accord with the County’s Comprehensive Plan for the reasons identified as the favorable fac tors of the staff report as outlined in said report. CCP 2012-00001 Law Enforcement Firing Range Planning Commission 4/3/12 Staff Report Page 2 STAFF PERSON: Andrew V. Sorrell PLANNING COMMISSION: April 3, 2012 CCP 201200001 LAW ENFORCEMENT FIRING RANGE Review for Compliance with the Comprehensive Plan (Va. Code 15.2- 2232) BACKGROUND This is a proposal to establish a County owned and operated firearms training facility consisting of a 100 yard outdoor fenced firing range, classroom building, toilet facilities, access road and parking area. The facility is proposed on county-owned property which is the site of the closed Keene landfill (Attachment A). The Albemarle Police Department currently utilizes a private firearms range to maintain the necessary firearms training certifications for the County’s Police Officers. The current site is inadequate for police training because of limitations on when training can be scheduled and restrictions that prevent realistic, scenario—based training. In addition, the County Police Department does not have a say in how the range is operated, maintained or monitored. In order to reduce liability concerns and increase officer proficiency and safety the Police Department needs a facility that will permit more frequent training (at least three times a year). A dedicated law enforcement firing range owned, operated and managed by the County will permit more frequent personnel training and has been identified as a high priority in the Capital Improvement Plan (CIP). The proposed firearms training facility is part of a larger, long-term CIP request for a public safety training center (PSTC). The PSTC was proposed in a 2008 study prepared by TENG & Associates, Inc. The TENG study conducted a site analysis of several county-owned properties for a PSTC that could meet the current and future training needs of the Albemarle Police Department and Fire/Rescue Department. Because of the sensitive nature of a firing range, the County has limited options for finding a site to operate the facility upon. The 2008 TENG Study evaluated three county-owned properties: the Preddy Creek site (northeast part of the County, east of Rt. 29), the Byrom site (far northwest part of the County) and the Keene Landfill site (southern part of County near Rt. 6). The Preddy site was not preferred because of its proximity to adjacent localities and poor soils. The Byrom site was not preferred because it is under a conservation easement, it is close to the Shenandoah National Park and the property has a significant amount of critical slope. The Keene landfill site was the preferred site and the 2008 study included an overall conceptual master plan for the PSTC on the property. The conceptual master plan proposed a centralized public safety training center include a firing range, a burn building, a vehicle extrication area, a hazard materials training area, an emergency vehicles course, and classroom space together with associated support structures (Attachment C). CCP 2012-00001 Law Enforcement Firing Range Planning Commission 4/3/12 Staff Report Page 3 Due in part to the increasing difficulty in utilizing the current private firearms range, the County Police Department revised the PSTC CIP request to break out as a separate request the infrastructure necessary to complete only the firearms training facility. The Police Department therefore has requested only the proposed firearms training facility (firing range) to be reviewed for compliance with the Comprehensive Plan at this time. Other phases of the PSTC which have not been submitted as part of this review request have not been reviewed for compliance with the Comprehensive Plan and will need such a review if and when they are proposed to be constructed in the future. PURPOSE OF REVIEW A Compliance with the Comprehensive Plan Review (or “2232 Review”) considers whether the general location, character and extent of a proposed public facility are in substantial accord with the adopted Comprehensive Plan. It is reviewed by the Planning Commission and the Commission’s findings are forwarded to the Board of Supervisors for their information. No additional action is required of the Board. The Commission’s action is only related to the appropriateness of the site for this public use, and is not an action or recommendation on whether the station should be funded and/or constructed. CHARACTER OF THE SITE / AREA The firing range is proposed to be located on a 169.12 acre parcel that contains the closed Keene Landfill. The firing range would be located south of the landfill disposal boundaries or disposal “cells” (Attachment C). The site is bounded by rural agricultural land on the east, west and south sides with one adjacent property to the east within the Totier Creek Agricultural – Forestal District (parcel 129-3). Parcel 129-3 is 145 acres in area; approximately 95 acres are wooded (including the portion adjacent to the proposed firing range site) with the remaining 50 acres in open field and pasture with livestock (cattle). Staff reviewed the proposed firing range with the Agricultural-Forestal District Committee at their meeting on March 19, 2012. The consensus of the Committee was that the proposed firing range was not a use that complemented or was otherwise conducive to agricultural or forestal uses. The Committee also felt that if such a use was to be approved, that every measure be taken to mitigate the noise and safety impacts to adjacent property within the District. Measures such as retaining and enhancing the wooded buffer adjacent to the proposed range and orienting the range north facing rather than south facing to reduce the likelihood of rounds leaving the property were specifically addressed by the Committee. The property is within the Southern Albemarle Rural Historic District. Within a one mile radius, there are approximately four historic structures that contribute to the District. None of these structures will be impacted by this proposal. On the north, along Fortune Lane, smaller rural residential parcels exist. Within a one mile radius of the proposed range location, there are approximately 19 homes. Four homes are located on Fortune Lane the closest being approximately 2/3 of a mile to the north of the firing range site. Approximately fifteen homes front on Irish Road within a one mile radius, the closest being approximately ½ mile to the south of the firing range site. The property is designated as Rural Area in the Comprehensive Plan; and this area drains into the Totier Creek Water Supply Watershed. It has been designated as Rural Area since adoption of the 1971 (first) Comprehensive Plan. The Keene Sanitary Landfill was permitted on the site in approximately 1974 and the property was utilized as CCP 2012-00001 Law Enforcement Firing Range Planning Commission 4/3/12 Staff Report Page 4 a municipal landfill until its closure in May 1991. The site is zoned for rural area uses and is outside of the jurisdictional boundaries for water and sewer. SPECIFICS OF THE PROPOSAL The primary component of this project is the proposed 350’ by 150’ outdoor firing range surrounded by 20 foot tall side and rear berms. The firing range is proposed to be a 100 yard range with twelve firing lanes, expandable to 24 lanes. The firing line would be covered (roofed) and paved in asphalt. The range floor and berms would be grassed. The range is proposed to accommodate handguns and rifles. Other components of the project would include road improvements onsite to include a gravel access road and parking area, toilet facilities, perimeter fencing around the range, and a learning cottage (classroom). The project will require the submittal and approval of a site plan and an erosion control plan. Ideally, the County desires to begin construction on the facility in the spring of 2013 with the facility opening in the summer of 2013. This timeframe for opening the firing range is considered critical for providing the necessary training and qualifying for the Police Department. If the County Police Department’s current arrangement was terminated and the County had no firing range, then county personnel would need to travel outside of the County to receive necessary training. Types of Activity Activity onsite will involve firearms and special weapons training and qualification f or members of the County Police Department. Other in-service activities could include simmunition (force-on-force) training, less-than lethal training, and any other outdoor law enforcement training where a controlled environment is necessary. In addition to in- service training, schools and special events are proposed to be held from time-to-time. Examples of a training school could include a five-day school to teach new officers during a basic training academy class or training veteran officers on a new weapon system or training officers on law enforcement tactics. Examples of special events could include a law enforcement shooting competition or a firearms safety class offered to the public. Site Access The site would be accessed from the terminus of Fortune Lane, Route 704 which is currently a gravel public road. The Virginia Department of Transportation (VDOT) has indicated that Fortune Lane will be hard-surfaced in 2012 as part of the Rural Rustic Road program. VDOT has stated that due to the low amount of additional traffic generated by the proposed firing range that Fortune Lane remains eligible for the rural rustic program and the hard-surfacing of the road scheduled to occur. Frequency of Use The County Police Department anticipated using the site three to four days per week which may include 10-20 police vehicles and up to 20 people per use. In addition to in- service training for police officers, schools and special events are proposed to be held from time-to-time. Except for special cases or events, it is not anticipated that the site will be used on weekends. Hours of operation would vary by the season, but would Figure 1: Perspective View - Firing Range CCP 2012-00001 Law Enforcement Firing Range Planning Commission 4/3/12 Staff Report Page 5 conclude no later than 10:00 PM. Periodic night training is required by the Police Department’s training standards. Such night training would occur no more than four times per quarter. Facility Users It is anticipated that the facility will primarily serve the Albemarle County Police Department and the Albemarle County Sheriff’s Department. The Charlottesville Police Department has committed to providing funding for the project so they will be users as well. It is anticipated that there will be up to 20 people on site per use. The firing range would be staffed by the County Police Department when training is being conducted. The possibility exists to partner with other local governments, federal agencies and private corporations for use of the facility. A public-private partnership with a corporation would be based on regional law enforcement needs first and then if available, the range could be available for lease by corporations that require firearms training. If the County was to enter into such a lease agreement, county personnel would be present to monitor the training activity and such expense would be built into the lease agreement. Noise Measures Noise abatement has been addressed through facility location and design features. The 2008 TENG Study concluded that placement of the firing range at the rear of the property where the site elevation is low would aid in keeping generated noise levels low. The 2008 TENG study proposed to orient the range facing south with earthen berms on three sides 20 feet in height (Attachment C). Taking from the firing line, preliminary noise calculations for four rifles and twelve handguns firing simultaneously produced a decibel level of 90 for a 320 foot radius from the firing line at the range site. The 90 decibel radius was contained within the property boundaries. The noise level calculations take into account a grass-surfaced firing range with 20 foot tall side and rear earthen berms with a wooded buffer behind them. At the site of the proposed range, planted loblolly pines are approximately 15 feet tall and are 6-8 years old (Figure 2). Attachment D provides the estimates noise levels for the proposed firing range. At the property line, noise levels range 71 to 86 decibels on the western property line closest to the facility and 69 to 82 decibels on the eastern property line closest to the facility. The northern property line at Fortune Lane furthest from the facility would be approximately 52 dB. Figure 2 below illustrates real-world examples of noise levels. Figure 2: Perspective View – Existing Tree Buffer Size CCP 2012-00001 Law Enforcement Firing Range Planning Commission 4/3/12 Staff Report Page 6 Figure 3: Examples of Noise Levels (approximate) Lawn mower (96 dB); motorcycle at 25 ft (90 dB) 90-100 dB Food blender (88 dB); garbage disposal (80 dB). 80-89 dB Passenger car at 65 mph at 25 ft (77 dB); radio or TV-audio, vacuum cleaner (70 dB) 70-79 dB Conversation in restaurant, office, Air conditioning unit at 100 ft 60-69 dB Quiet suburb, conversation at home. 50-59 dB Source: http://www.industrialnoisecontrol.com/comparative-noise-examples.htm Staff has determined that as a public use, the proposed firing range is exempt from noise ordinance provisions of the zoning ordinance. However, the noise ordinance can serve as general benchmark of what noise levels are appropriate. For uses located in the Rural Areas, noise levels are permitted to be 55 dB at night and 60 dB during the day. Therefore, using the noise ordinance provisions as a benchmark, the facility would be over the desired limits of the noise ordinance at the property lines closest to the proposed range site but not significantly so, given the nature of the use/ facility. Within the portion identified as “general location of proposed firing range” on Attachment E, the County is researching the best location and orientation for the firing range. The 2008 TENG study recommended the firing range face south. This recommendation included supporting noise level documentation. A general area has been identified for the location of the firing range so that if additional research and noise data indicate that noise and other concerns can be mitigated more effectively by adjusting the range’s location and/or orientation within the identified area, that the County have the flexibility to do so. In addition to the design measures on the range itself, other noise mitigation measures may include retaining and cultivating the wooded buffer of planted loblolly pine (currently 15 feet tall) as well as using engineered baffles or barriers. Other Safety and Security Measures The facility will be secured with perimeter fencing which will include signage warning of the firing range. The fencing will be secured when the facility is not in use. The access road will include a gate which will remain locked when the facility is not in use. As proposed in this request, ammunition and weapons are not proposed to be stored onsite. A storage building would be used for keeping maintenance, cleaning and targeting supplies onsite. Outdoor lighting will be minimal and just include, several outdoor light fixtures affixed to the classroom, bathroom and cover over the firing line. While the potential exists for an errant bullet to leave any outdoor firing range, the County is taking several precautions to minimize this risk. First, the location of the range has been carefully selected on the property to buffer the firing range from adjacent properties. Secondly, the design of the firing range contributes to keeping all bullets within the berm perimeter. The range will be contained on three sides by earthen structures whose dimensions are 40’-45’ thick at the base, 5’ thick at the top, and are approximately 20’ high. Thirdly, State certified instructors will always be present to ensure that range rules are followed and unsafe practices prohibited. In addition, targets are placed at a 3’-5’ height to ensure that there is ample backstop on all sides of the CCP 2012-00001 Law Enforcement Firing Range Planning Commission 4/3/12 Staff Report Page 7 target, especially above the target area. If research and data support that noise and safety measures can be better mitigated by orienting the range to the north rather than south-facing as proposed in the 2008 study, then the range would be oriented away from adjacent properties further reducing the chance of an errant bullet leaving the property. Lead Abatement Lead abatement will occur once the fired round count exceeds one million lead bullets. Bullet containment and berm design will follow recommendations in an Environmental Protection Agency (EPA) manual entitled. “Best Management Practices for Lead at Outdoor Shooting Ranges.” Once the identified volume of lead bullets have been fired, a lead-reclamation company will be hired to conduct removal work. The Police Department will also follow an Environmental Stewardship Plan that outlines a site assessment, action plan, and how to measure success for lead abatement. To enhance the lead-abating design elements outlined in the EPA manual, the Police Department is conducting a cost comparison analysis between using lead-free ammunition, a bullet reclamation system, or a combination of the two. The Police Department has stated that they plan to use 80% lead-free rounds and use lime to neutralize the lead that is onsite. STAFF COMMENT The purpose of this review is to determine if the proposed location for the firearms training facility is consistent with the Comprehensive Plan. This proposal has been reviewed based on Comprehensive Plan policy, including the Community Facilities Plan (part of the Land Use Plan) and the Rural Areas Plan. COMPREHENSIVE PLAN Community Facilities Plan The Community Facilities Plan, a component of the Comprehensive Plan, provides the following guidance regarding the development and location of community facilities: Objective: Give priority to facilities which address emergency needs, health and safety concerns, and provide the greatest ratio of benefit to the population served. Staff Comment: This is a firearms training facility which is needed to meet service standards for training as established in the Community Facilities Plan. Objective: The location of new public facilities should be within the County’s Development Areas so as to support County land use policies. Development Areas such as Communities and Villages will serve as service center locations for the Rural Areas. Only in cases where it is not possible to locate a new facility in the Development Area due to physical constraints, or the nature of the facility, and/or service(s) provided, will public facilities be allowed in the Rural Area. The location of community facilities can be an important factor in determining where development can and will be accommodated. Therefore, the provision of community facilities must be carefully coordinated with the land use plan to ensure the adequate provision of facilities and services to accommodate existing and anticipated development. The primary focus of the land use plan is to encourage development in the Development Areas; the necessary facilities CCP 2012-00001 Law Enforcement Firing Range Planning Commission 4/3/12 Staff Report Page 8 should be provided to support this pattern of growth. In certain cases it may not be appropriate, or possible, to provide facilities solely in the Development Areas due to the nature of the service or other unique circumstances. However, the priority is to provide the highest level of service to the Development Areas [emphasis added]. Staff Comment: This objective provides some flexibility to locate public facilities in the Rural Area to due to the “nature of the service” or “unique circumstances.” This flexibility was specifically contemplated for public facilities like a firing range which has unique location needs due to the nature of the service the facility provides. Due to the noise impacts of an outdoor firing range more land area is often needed to buffer and reduce such impact to an area. In addition, while every precaution shall be taken to prevent rounds from leaving the site (such as a 20 foot tall berm), locating a firing range outside of a Development Area (where residential density is greater) reduces potential impacts if rounds were to leave the property. Objective: Priority shall be given to the maintenance and expansion of existing facilities to meet service needs. Maintenance of existing facilities is of primary importance. No benefit is gained if new facilities are provided while existing facilities deteriorate and become substandard. Also, in meeting new service needs, consideration should be given to whether the existing facilities can provide an adequate level of service through modification of them. Staff Comment: The County does not own or operate the current location where firearm training occurs; therefore there is no opportunity to expand the existing facility that is used for firearms training. Objective: All sites should be able to accommodate existing and future service needs. All buildings, structures and other facilities shall be designed to permit expansion as necessary. Staff Comment: The 2008 TENG study found that the proposed site is large enough to accommodate future service needs, however at this time such future needs have not been evaluated. Objective: Schedule funding of community facilities through the Capital Improvement Program (CIP), based on the adopted Community Facilities Plan. Staff Comment: The proposed firing range has been scheduled for funding through the CIP and is based upon the adopted Community Facilities Plan. Objective: All community facilities shall be in conformance with County regulations, site development standards, and policies to the greatest extent feasible. County projects are expected to meet all County development regulations and procedures, consistent with any other like type of development project. County projects should further strive to achieve or meet all other appropriate development standards and policies established/encouraged by the County CCP 2012-00001 Law Enforcement Firing Range Planning Commission 4/3/12 Staff Report Page 9 (stormwater/water quality, critical slope management, building form/orientation, amount/location of parking, pedestrian/bike accessibility, others). Public projects should be examples of good development and should be models to demonstrate the type of development the County wants to see. Staff Comment: As an outdoor firing range, the facility will have difficulty in meeting the noise standards desired in the zoning ordinance. While this facility is a public use and therefore exempt from the noise ordinance, the County is committed to locating the proposed firing range on the property in a manner that best mitigates the noise and safety concerns associated with facility use. This is why only generalized area for the proposed firing range has been shown for the location of the range (Attachment E). While the 2008 TENG study provided data for one particular site on the property, if further analysis finds noise and other concerns can be better addressed by adjusting the range location and/or orientation, the County wanted the design flexibility to do so. Objective: Determine the value of maintaining existing but obsolete facilities and sites for the potential re-use for other services/facilities prior to their disposal. Consideration should be given to the re-use of public facilities/sites for other public uses, if no longer viable for its original service/facility. It is costly and often difficult to purchase property and site public facilities in new locations. Prior to disposing of public properties, a review of the site/facilities potential for other public uses or reservation of the property for future use should be considered. Staff Comment: The proposed firing range site utilizes and re-uses county owned property that has been unused since the Keene Landfill closed in 1991. The proposed firing range will be located south of the closed landfill disposal cells and will not disturb the earthen cap that seals the landfill. Police Department Service Objectives and Standards The following provides specific service objectives and standards for the Police Department (as found in the Community Facilities Plan) that relate to the development and location of new training facilities: Service Objective: Provide new facilities in a manner that accommodates anticipated service demands and the needs of the current and future staff. Service/ Facility Standards: Training Facilities. Provide, or insure availability of, training facilities including firing range academic facilities classroom/training rooms. Staff Comment: The service/facility standards for the County Police Department, specifically address the need for training facilities such as a firing range. A firing range that is owned, operated and managed by the County will insure the availability of a county-controlled firing range. The firing range shall meet the service demands of the current and future law enforcement personnel. Space for other aspects of a public safety training center has the ability to accommodate anticipated service demands in the future. CCP 2012-00001 Law Enforcement Firing Range Planning Commission 4/3/12 Staff Report Page 10 Staff opinion is that the proposed firing range site is generally consistent with the Community Facility Plan recommendations. Rural Areas Plan Because the firing range is proposed in the County’s designated Rural Areas, it is necessary to weigh the impact that the proposed firing range site could have on key components of the Rural Areas. The Rural Areas Plan provides the following guidance: 1. Agriculture - - Protect Albemarle County’s agricultural lands as a resource base for its agricultural industries and for related benefits they contribute towards the County’s rural character, scenic quality, natural environment, and fiscal health. 2. Forestry resources - Protect Albemarle County’s forests as a resource base for its forestry industries and watershed protection. Staff Comment 1-2: The proposed site of the firing range is on property adjacent to a parcel within the Totier Creek Agricultural-Forestal District. Staff solicited input from the Agricultural-Forestal District Committee at their meeting on March 19, 2012. As started earlier in the staff report, the Committee felt that the proposed firing range was not a use that complemented or was otherwise conducive to agricultural or forestal uses. The Committee also felt that if such a use was to be approved, that every measure be taken to mitigate the noise and safety impacts to adjacent property within the District. Measures such as retaining and enhancing the wooded buffer adjacent to the proposed range and orienting the range north facing rather than south facing to reduce the likelihood of rounds leaving the property were specifically addressed by the Committee. 3. Land Preservation – Permanently preserve and protect Albemarle County’s rural land as an essential and finite resource through public ownership or through conservation easements. 4. Land Conservation – Protect Albemarle County’s rural land through planned management of open spaces to prevent exploitation, destruction, or neglect. 5. Water supply resources - Protect the quality and supply of surface water and groundwater resources. Staff Comment 3-5: The proposed site of the firing range is not adjacent to land within a conservation easement. The site is located within the Totier Creek Water Supply Reservoir Watershed. The County is committed protecting the quality and supply of surface water and groundwater and particularly water supply watersheds. To this end, at the proposed site of the firing range, the Police Department plans to utilize best management practices (BMPs) to ensure lead from fired rounds does not contaminate water supplies. Bullet containment and design of the 20 ft. tall berms will follow Environmental Protection Agency (EPA) BMP guidelines specifically created for outdoor firing ranges. In addition, the Police Department is considering using lead-free rounds for certain types of ammunition. 6. Natural resources - Preserve and manage the Rural Areas' natural resources in order to protect the environment and conserve resources for future use. 7. Scenic resources - Preserve the County's rural scenic resources as being essential to the County's character, economic vitality, and quality of life. 8. Historical, archeological and cultural resources - Protect the Rural Areas' historic, archeological and cultural resources. SITE CCP 2012-00001 Law Enforcement Firing Range Planning Commission 4/3/12 Staff Report Page 11 Staff Comment 6-8: The proposed site of the firing range does not impact rural scenic resources because the proposed site is not within an entrance corridor nor is it in a location that would be visible from a public roadway. The proposed site is within the Southern Albemarle Rural Historic District. The proposed site limits possible impacts on historic resources by its isolated and remote location. Staff opinion is that the proposed firing range site is consistent with the Rural Area Plan recommendations. SUMMARY Factors Favorable: 1. The site will utilize an under-used county-owned property. 2. The site’s size and remote nature isolates it from more densely populated areas. 3. The location of the firing range on site will further limit adverse impact on adjacent agricultural properties. 4. The site’s location limits impacts to natural, scenic, historic and cultural resources. Factors Unfavorable: 1. The proposed use on the site will produce noise at property lines that are above the noise ordinance provisions of the zoning ordinance. Staff finds the proposed site and scale of activity for the proposed Law Enforcement Firing Range in substantial accord with the County’s Comprehensive Plan. RECOMMENDATION Staff recommends that the Commission find the location, character and extent of the proposed Law Enforcement Firing Range facility is in substantial accord with the County’s Comprehensive Plan for the reasons identified as the favorable factors of the staff report as outlined above. ATTACHMENTS: A. Location Map B. Aerial Photo of Site C. Conceptual Master Plan (from the 2008 TENG Study) D. Estimated Firing Range Noise Levels ( 2 pages, from the 2008 TENG Study) E. Map of General Location for Proposed Firing Range Return to PC actions memo SITE Parcel InfoParcelsLaw Enforcement Firing Range - Location Map Attachment AMap is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other SourcesMarch 14, 2012GIS-WebGeographic Data Serviceswww.albemarle.org(434) 296-5832Legend(Note: Some items on map may not appear in legend)2500 ftATTACHMENT A Parcel InfoParcelsLaw Enforcement Firing Range - Aerial Photo Attachment BMap is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other SourcesMarch 14, 2012GIS-WebGeographic Data Serviceswww.albemarle.org(434) 296-5832Legend(Note: Some items on map may not appear in legend)2500 ftATTACHMENT B ATTACHMENT C ATTACHMENT D1 ATTACHMENT D2 General Area for Proposed Firing Range to be located ATTACHMENT E ALBEMARLE COUNTY PLANNING COMMISSION – APRIL 3, 2012 DRAFTMNUTES – SUBMITTED FOR APPROVAL 4-24-12 1 Albemarle County Planning Commission April 3, 2012 Public Hearing Items: CCP-2012-00001 Firearms Training Facility at Keene Landfill Site PROPOSAL: Albemarle County Law enforcement firearms training facility on approx. 170 acres ZONING: RA Rural Areas agricultural, forestal, and fishery uses; residential density (0.5 unit/acre in development lots) ENTRANCE CORRIDOR: No COMPREHENSIVE PLAN: Rural Areas, the goals of which are to preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (0.5 unit/ acre in development lots) LOCATION: Southern terminus of Fortune Lane/Route 704, approx. 1.4 miles south of intersection of Route 704/Riding Club Rd. TAX MAP/PARCEL: 129000000002A0 MAGISTERIAL DISTRICT: Samuel Miller (Andy Sorrell) Mr. Sorrell presented a PowerPoint presentation and summarized the staff report. CCP-2012-00001 Law Enforcement Firing Range General Vicinity Map • End of Fortune Lane • 170 acres County –owned parcel • Closed Keene Landfill site • Zoned RA, Rural Area • Comp. Plan designated Rural Area Proposal • County owned & operated firearms training facility - 100 yard outdoor firing range; • Other facilities include a classroom building, toilet facilities, access road and parking area; • Users: county and city law enforcement • Frequency: 3-4 times/ week, 20 officers per use – Night training up to 4 times/quarter no later than 10 p.m. No weekends except for special cases /events General Area Proposed for Range • Request to find general area compliant as shown on slide in green area on map • Flexibility if other orientations and/or areas can address noise & safety concerns as well or better than current location (Staff report shows a particular location as shown on a 2008 Concept Study. If they were to find a location that was within that green area that was perhaps different than that, they would want that flexibility.) Staff reviewed slides of photographs and drawings to review the following:  Entrance to Landfill Property  Entrance looking towards Fortune Lane  Height of Pine Buffer (Loblolly Pines on either side of the road with six to eight years growth) The pine buffer would surround the proposed firing range. The County Forester is present tonight and could potentially answer any questions regarding the age and height of that particular buffer. He worked with the county when that was replanted six to eight years ago. The pine trees are about 15’ tall. – Perspective View of Range The range is proposed to be surrounded on three sides by a 20’ tall earthen and berm. It would be proposed to have 12 shooting lanes to start out with the ability to potentially expand them in the future. However, for right now that is not proposed. ALBEMARLE COUNTY PLANNING COMMISSION – APRIL 3, 2012 DRAFTMNUTES – SUBMITTED FOR APPROVAL 4-24-12 2 Noise Measures The major concern with a facility of this nature is noise. Noise has been addressed, as follows: • Noise addressed by location & design features • Located at rear of property where the elevation is lower and the noise would have less of an impact than if it was at a higher location on that property. It is also not sited on the closed landfill. It would not be disturbing the disposal cells of that landfill. • Firing range oriented south with 20’ earthen berms on 3 sides surrounded by 15’ loblolly pine buffer. If additional data can show that orienting it in another direction or something that could further lessen the noise impacts that is what they would like to do in that general area. • 71 -86 dB at western property line (closest to the facility) • 69 - 82 dB at eastern property line. • ~ 52 dB at northern property line adj. to Fortune Lane Examples of Noise Levels (approximate) - Lawn mower (96 dB); motorcycle at 25 ft (90 dB) - 90-100 dB - Food blender (88 dB); garbage disposal (80 dB) - 80-89 dB - Passenger car at 65 mph at 25 ft (77 dB); radio or TV-audio, vacuum cleaner - (70 dB) - 70-79 dB - Conversation in restaurant, office, Air conditioning unit at 100 ft - 60-69 dB - Quiet suburb, conversation at home - 50-59 dB What this is showing is that at the property lines the facility would be above what the Noise Ordinance does permit. However, it is something that the county is working very hard to locate the facility in a manner that would reduce the impacts from noise on adjacent property owners and adjacent users. Easements in Vicinity – Ag.- Forestal Committee Review • Adjacent property to southeast (fronting on Rt. 6) within Totier Creek Agricultural Forestal District • Agricultural and Forestal Committee made a finding that the firing range isn’t consistent w ith agricultural or forestal uses (March, 2012) • Suggested consideration be given to: – reorienting range north-facing inward to property – Maintaining and preserving the wooded buffer between the District property & the county property Commission Action • Review for Compliance with the Comprehensive Plan (Planning Commission finding) (April, 2012): – to make a finding on whether the general use and location are consistent with the Comp Plan (“substantial accord”); – Review required by State Code (15.2-2232). • Site Plan (including Erosion & Sediment Control Plan) approval for development of site. Factors Favorable & Unfavorable Favorable – Site will utilize an under-used county-owned land; – Site’s size and remote nature isolates it from more densely populated areas; – Location of range on site will further limit adverse impact on adjacent agricultural properties; – Site’s location limits the impacts to the natural, scenic, historic and cultural resources. This particular property is not one that is adjacent to a parcel that is on the National Registrar. There are some sites within proximity of a mile. It is not intermediately adjacent to any. Unfavorable ALBEMARLE COUNTY PLANNING COMMISSION – APRIL 3, 2012 DRAFTMNUTES – SUBMITTED FOR APPROVAL 4-24-12 3 – Use will produce noise at some property lines above the noise ordinance. This is a county facility and it is exempt from the noise ordinance. However, it is a benchmark for the county to use as to what the county sees acceptable for noise. That is why it is something that they are trying our best to locate the facility in the area that would reduce those noise impacts as best possible. Consistency with Comprehensive Plan Summary: • Comprehensive Plan location standards allow facilities to be located outside Development Area to meet unique circumstances, in this case to meet both training standards and safety needs for the Development Area AND Rural Area; • Facility location generally and on-site limit impacts to rural area resources; • Character and extent of use is within the scale anticipated in the Community Facilities Plan/Comp. Plan for law enforcement training facilities. This is a permanent firing range that meet the County Police Department service standards for training as found in the Comprehensive Plan; This would be serving a need for the whole county by being able to have a county owned and operated firearms training facility. Currently the county uses a private facili ty, which they do not have operational control over. This would allow for additional abilities to train and to make sure that those safety needs are being met for the county law enforcement. Also, the location of the particular property and its location on site will limit its impact to the rural area resources that it is adjacent to. It definitely is something that is not intermediately visible from a scenic byway or Entrance Corridor. It is not intermediately adjacent to an historic resource. The character and extend of this use is within the anticipated scale of what the Comprehensive Plan calls for. The Comprehensive Plan does speak to the need for a law enforcement firing range/training facility. This permanent range would meet the County Police Department’s service standards for training as found in our Comprehensive Plan. This is something they have been planning for quite some time. Recommendation • The Commission finds that the location, character and extent of the proposed Law Enforcement Firing Range facility is in substantial accord with the County’s adopted Comprehensive Plan. Mr. Morris invited questions for staff. Mr. Dotson questioned if the Planning Commission makes the final action since this is a finding and not to specify conditions or to make a recommendation to the Board like a special use permit. Mr. Sorrell replied that is correct because it is a finding of consistency with the Comprehensive Plan. The finding of the Planning Commission would be provided to the Board of Supervisors as information. Mr. Loach asked if the site itself is surrounded by an Agricultural Forestal District. Mr. Sorrell replied the property is adjacent to an Agricultural Forestal District on one side. There is a conservation easement that is not intermediately adjacent. Mr. Loach noted the staff report indicates that four homes are located on Fortune Lane with the closest approximately two-thirds of a mile to the north of the range site. In addition, it says approximately 15 homes are on Irish Road within a one mile radius. He asked did staff extrapolate out the noise values to see what they would be at those property lines. Mr. Sorrell replied that was done in the 2008 study for the site they had chosen at that time. The map in the staff report basically shows what the noise levels would be at various ranges , which is where he pulled the information on the decibel readings at the property lines. On the left side of the aerial photo at the dotted white line is about 52 dB at that range. The Noise Ordinance establishes 55 dB for nighttime ALBEMARLE COUNTY PLANNING COMMISSION – APRIL 3, 2012 DRAFTMNUTES – SUBMITTED FOR APPROVAL 4-24-12 4 readings for rural areas and 60 dB for the day. Generally that would be where those readings would be that are compliant with the Noise Ordinance. Ms. Monteith asked if the Commission were to find t his in compliance what is the process about it going to the Board of Supervisors and what would happen after that. Mr. Sorrell replied if the Commission was to find this to be in compliance with the Comp Plan, then the information would be provided to the Board of Supervisors as information and the applicant could submit a site plan to the county for review. The Planning Commission makes the finding. The Board of Supervisors does not take an official action on this particular activity since it is a public facility. Mr. Kamptner asked to make one correction in that the Board of Supervisors does have the ability to overrule the decision of the Planning Commission. Ms. Monteith asked if the Commission finds it in compliance and the Board of Supervisors did not overrule it, then the project would move forward. Mr. Sorrell replied that was correct. Mr. Morris asked if any discussion has taken place about additional ranges in the future at this location. Mr. Sorrell replied the 2008 Study was done to determine if that particular property was large enough to accommodate a number of uses that could relate to a safety training facility for the county. At this time the applicant has requested this particular firing range be reviewed for compliance. If addi tional ranges or other components of a safety training facility would be required, then they would have to come back under a review just like this. They have prepared a concept plan for what could potentially or basically fit on a property of that size. However, at this time that has not been requested. It is just this particular firing range and other ancillary uses to that. Ms. Monteith acknowledged that she had a lot of questions and asked if they were going to come back and discuss this more after hearing from the public. Mr. Morris explained the public hearing process noting the hearing will be opened for applicant and general public input prior to further discussion by the Commission. Mr. Smith asked how the estimated firing range noise levels are determined. Mr. Sorrell replied the estimated firing range noise levels were determined by an engineer that was able to estimate it using methodologies for this type of facility. The 2008 study was done by an engineering firm who were able to provide that data. The applicant can also address that in more detail as to how that was determined. Mr. Loach asked if the same parameters such as the height of the berms, the length of the range, etc. were used when they calculated the data. Mr. Sorrell replied that was correct. The engineers calculated it using the 20’ grassed berms with a wooded buffer behind them. Ms. Monteith noted she had several questions for the applicant to address. In thinking about alternatives obviously one of the things presented in the staff report was there are certain conditions in the existing firing range that they are using that have to do with flexibility and choices that there are concerns around. She asked if there are options of scheduling; if access has been discussed with the existing use; are there any other methods of practice that could be applied; and are there any options where the existing use is occurring that have been addressed. Mr. Morris opened the public hearing and invited the applicant to address the Commission. ALBEMARLE COUNTY PLANNING COMMISSION – APRIL 3, 2012 DRAFTMNUTES – SUBMITTED FOR APPROVAL 4-24-12 5 Rob Heide, a Police Officer serving as a project manager on this application, said they were not going to add anything to what Mr. Sorrell said since he did a very thorough job. There is representation here from the contract engineering firm, Keenly Horn; Travis Henry, with Facilities Development; and representatives of the Police Department should they have any questions or need clarification. Mr. Morris invited questions for the applicant. Ms. Monteith asked for responses to her previous questions. Mr. Heide said the Police Department entered into a temporary agreement in 1995 with the private club facility. At that time they were the only department using the private facility. Other departments found out they had a good thing going and joined in. Between the number of law enforcement personnel using the facility and number of private members of the club it has well exceeded its capacity. To that end in a recent action the club’s board limited all law enforcement agencies to two da ys a month. Therefore, that is over 400 people trying to use 8 hours a month for training. There was no statement in th e contract about extending or reevaluating it. The contract just ends in two years on a certain date. The answer to the question is there have been limitations put on this so that they can better manage the capacity for their membership at large. Ms. Monteith said it was suggested that if no new location can be found that officers or people within Albemarle County, which is what they are specifically addressing, might have to go outside of the county to practice. What would be the closest location? Mr. Heide replied it would be Augusta County, which is about 15 to 20 miles outside of Albemarle County. Mr. Randolph commended Mr. Heide and his team for their effort to invite all of the Commissioners down to look at the site. It was very valuable to see the site and to have a discussion about what their plans were. He had two questions. The first is about the design to reassure the public about the noise level. In his Army experience he was well aware that the higher the caliper the louder the noise. He asked what the highest caliper round was anticipated to be fired at this facility. Mr. Heide replied that it would be a 308 caliper rifle, which is a specialty weapon used by their SWAT Team. The tradeoff with that is they don’t shoot them as frequently as hand guns per say just because there is not a need to. While there might be a slight increase in decibel at the source it is far l ess frequent. Mr. Randolph asked would the department be prepared if there was an email list put together of the contiguous property owners to let them know night firing was occurring or on weekends when firing was occurring just as a courtesy. Those neighbors could possibly make plans to go to the movies and not have to deal with the stress of listening to the rounds from the firing range. Mr. Heide replied absolutely. They are already looking at different software opportunities out there that allow people to opt in for a type of update as he described. They are talking about that now , but have not really gotten into that detail because they are still far from that. However, it is something on the table as they speak. Mr. Loach noted the range as proposed is an outdoor range. He asked if there are any future plans for an indoor component. Mr. Heide replied no. Mr. Smith asked how many round would typically be fired in a day. Mr. Heide replied that was dictated on what they were trying to accompl ish in that training evolution. The annual qualification is their heaviest round of usage, which is state mandated. They have to shoot X amount of rounds to show proficiency once a year per person, which is several hundred rounds per person on a given da y. All of the other training would be a lesser round count than that. They don’t ALBEMARLE COUNTY PLANNING COMMISSION – APRIL 3, 2012 DRAFTMNUTES – SUBMITTED FOR APPROVAL 4-24-12 6 equate number of rounds fired with quality of training. They try to find a balance between what they are budgeted for every year and still maintain quality training. Ms. Monteith asked if there is a cost estimate on this project. If so, what are the costs? Mr. Heide replied the cost estimate is 1.153 million. Mr. Dotson said the noise estimates have been made on the basis of four rifles and 12 pistols firing at once. He asked if that is normal or an unusual case. Mr. Heide replied that would be unusually high. If they have ten hand guns firing at once it does not mean the sound is ten times what one is. To answer the question, that is not realistic and is a very high number with a worst case scenario. It would not be a realistic training environment to do that. Mr. Dotson said if he was on property nearby and could hear the sounds of this what he would likely hear. Would he hear something with a one hour duration or just one hour during the day? Would he be able to detect the individual rounds being fired, or would it be sort of a blur of sounds? What would it be like? Mr. Heide replied that it depends on the training. During qualification training where they have a line of six or eight people shooting within a two or three second period of time it might sound like a little bit of a longer noise. In reality it is one or two rounds being fired by six or eight people in a very short period of time, which would be their heaviest use of the range. The duration of hours on that day would be an eight hour training day with breaks, lunch and pulling people off the range to revisit a training issue or what have you. Other types of training would potentially be more sporadic and with less volume. It would be involving hand guns, rifles, and shotguns. The majority of the time it is going to be sporadic through the day and won’t be eight hours of constant percussive. Mr. Dotson said the staff report mentions there could be occasional events such as competitions. He assumed that is amongst police forces not involving the public. It might be to test and sharpen your abilities with city, county, Augusta County, and others coming in. Mr. Heide replied yes there is a potential for competitions. However, that is not something they have discussed to have in the near future such as the day it opens. Of course, there is always within the police culture the need to host events for a school or competition. They wanted to keep the possibility open to use it for community education as well. There is hunter safety classes offered through the county and perhaps that could be hosted at a range. When they say special events it is community based events and law enforcement based events. However, again it would not be something that goes beyond what Mr. Sorrell had in his staff report information regarding time frame of usage, days of usage and things like that. Mr. Lafferty asked if this is the best design to minimize noise and could they have the range open at one end or closed off. Mr. Heide said he did not know if their representative from Kimberly Horn wants to speak to that. Most ranges have a simple backstop and are open on the other three sides. This range is closing in three sides and only opens at the back. Therefore, from that perspective it is going to have a better impact at mitigating noise. He did not know if they closed off the back end since he had never seen a range built like that. Just coming from a range conference that talked about building and developing there was nothing mentioned regarding anything like that. Brian Peters, with Kimberly Horn and Associates, said he was working on a term contract with the County of Albemarle to design this project pending the Commission’s action. The sound waves when they bounce or project themselves off the back berm are not going to come back at you level. So having the berm behind you really would not do anything significant to noise. Most of the noise absorption a fter the firing is going to be that sound wave that comes out, hits the berm and is absorbed by the berm. Obviously, some of that sound is then redirected off the berm in a different direction. They will be looking at that in the design to be sure they are making decisions consistent with the design similar to what was ALBEMARLE COUNTY PLANNING COMMISSION – APRIL 3, 2012 DRAFTMNUTES – SUBMITTED FOR APPROVAL 4-24-12 7 done in the Tank Study from a noise level standpoint. They want to do what they can to resolve that noise challenge. Ms. Monteith asked what kind of coordination or meetings have occurre d with the adjacent neighbors of this site. Mr. Heide replied that before they did anything internal on this project, like applying for this Comp Plan review, they sent letters to all abutting owners and then owners one -half a mile up Fortune Lane from the entrance to this county property. They let th ose owners know what they were doing and who to contact. They also let the owners know they would be in the area that coming week to go door to door and meet with folks. It was in late January, around the 25th and 26th, that they sent those letters out. People received the letters and they started to get phone calls. On January 31 most of the department heads from the Police Department and Sheriff ’s Office that will be using this facility went down and went door to door and met with folks. If they were not home or they got a delayed response they opened up the opportunity to meet with them one on one. Some folks took advantage of that. They were able to hear what some of their concerns were. Actually hearing some of those concerns moved them away from the concept plan being the absolute location of the range and opening up the rest of the property to reorient the range and move it further away from those abutting owners. They have done quite a bit of outreach before they ever put the pen to paper in terms of applying for this project. Ms. Monteith asked what other mitigations have been made regarding the impact s that people were concerned about. Mr. Heide replied that it was not as much mitigation as it is not locking them in. The 2008 report has the range location at the very southern tip of the property. After listening to some of the property owners they looked at the opportunity to reorient it where the range is now facing the opposite direction from these properties and moving it upwards of a quarter of a mile further away. That is the reason in the staff report for the larger green area shown in terms of the affected part of this property. They did not go with what was recommended in 2008. Mr. Smith pointed out that 20 participants times 200 rounds is about 4,000 rounds. He asked why they did not do any live fire testing for the sound. Mr. Heide replied that he could not speak to that. It seems typical at this stage of a project that the s ound studies are done through a model with existing data. Regarding the new location he just spoke about they are doing a line by line comparison to see if that location actually is better than the one proposed in 2008. It is a different engineering firm, a different sound engineering firm, and they are doing the same kind of modeling. It seems to be an industry standard to do it in this way. No one mentioned taking a noise generator out or anything like that. Ms. Monteith noted there were many things in the staff report she had questions about. One of the things that stood out in the frequency of use was the use would conclude no later than 10 p.m. She wondered why people in this community need to have firing range impact noise going on until 10 p .m. at night. Mr. Heide replied that two-thirds of law enforcement’s job is to work at night. They would be doing officers a bit of an injustice if they had them shoot outside the scope of when they actually work. It is a totally different environment when out at pitch black and having to manipulate the fire arm that is issued to them, having to shoot it accurately, and to operate it correctly and safely. They would be doing officers a disservice. They don’t need to do it that often, which is why they committed to no more than four times a quarter. The thing that is not in the staff report, which they debated about being in there, is they don’t want to be at the range from 4 p.m. to 9 p.m. in July waiting for it to get dark. They intend to avoid the months where it does not get dark until later and use the months where it is darker earlier from 5:30 p.m. to 6:00 p.m. Ms. Monteith suggested that mitigation should be looked at. Mr. Smith asked how they see to shoot at night with no lights. ALBEMARLE COUNTY PLANNING COMMISSION – APRIL 3, 2012 DRAFTMNUTES – SUBMITTED FOR APPROVAL 4-24-12 8 Mr. Heide replied they do it carefully and have techniques and strategies that are used. Typically there is always some form of ambient light available to be able to identify the location of the target. However, it is through muscle memory, which is accomplished through repetition in the environment you are working in. Mr. Dotson said if not here are there other locations in the county that would have different impacts than this site. He offered that as a serious question. It seems that most parts of the county have some scattered rural residents. Most parts of the county are not too far from a conservation easement or an agricultural/forestal district. He asked if they have looked at other sites. The obvious thing about this site is that it is already county owned and sort of a previously abused property. It would be nice to have the property put to a beneficial use. Mr. Heide replied that most of the study done was to pick the best property. They looked at three different properties. Because it was a landfill he did not think it bumped the site up to the top of the list. It was the property’s size, the surrounding area in terms of how sparely populated it was, and perhaps the cost to develop it. Those other two county properties have gone away and are now being used for other things. He referred the question to Trevor Henry. Trevor Henry, Director of Facilities Development, said Mr. Heide had accurately described what was done in 2008. A study was commissioned to look at the best location for the firing range. There were three sites, which included Preddy Creek, the Byron Park area and this site. The conclusion at the time was the site presented today was the best location. Since 2008 both of the other sites have actually been converted to parks. Mr. Dotson asked if in each case the three sites were already publicly owned, and Mr. Henry replied that was correct. Mr. Dotson asked if there has been a study that simply look ed for remote locations not adjacent to any of the things that are concerning us. He was not suggesting that there should have been. Mr. Henry replied that he would have to go back and look at the parameters of the study, but he did not think that was a criterion. He thought it was just for existing owned facilities. Ms. Monteith pointed out Mr. Dotson was making a really good point. Of course, they were given in the staff report the other sites that had been studied. However, she would really like to know more broadly the criteria of that study because there are a lot of people who would be impacted by this. There being no further questions, Mr. Morris invited public comment. Mike Sheets, resident of 6783 Fortune Lane, said he owned two parcels located on Fortune Lane and had the following concerns. - He was concerned about the notifications, but assumed he was outside of the one-half mile buffer as far as getting notice. He was disappointed because he was not aware of the proposal until his neighbors told him about it. He has lived on Fortune Lane for 40 to 50 years and had to put up with the landfill. - The road has not been addressed. He had not heard anything about the road or road improvements to be put in to handle the traffic. This is a one-way road since people who go down the road have to come back, which means he has to look at the same car twice. He did not think it was fair in his history of living there for 50 years that he had to tolerate the traffic that is going to be created by the proposed firing range. He understands that VDOT is getting out of the picture and putting more of the financial burden on the county with the times and economy being what it is. VDOT is not currently supporting the dump road and comes down there once to possibly five times a year to scrap the road. They are the last ones to get their road scrapped with snow. He was concerned about that. - As a member of Rivanna Rifle Club he feels their pain because the club has grown tremendously and has been limited. He thinks the facility is great, but thought the facility needs to be handled much more delicately. He hoped that the Commission and Board see this. These statistics are ALBEMARLE COUNTY PLANNING COMMISSION – APRIL 3, 2012 DRAFTMNUTES – SUBMITTED FOR APPROVAL 4-24-12 9 great; however, they are not actual conditions. He was a hunter and heard rifle firing hundreds of yards away or for miles. He has a bird shoot club called Church Hill who hunts on Saturdays when it sounds like a war zone. The decibels are measured sound and don’t impact what the ear hears. He understands everybody here is addressing the noise. - He thinks the facility is great, but should be put under a roof. He suggested that they spend another $250,000 and put the facility under a roof. It is not fair for the residents to have to listen to the gun fire. - He was concerned about the impacts to his property. If the road was enlarged and paved would he lose a portion? He was concerned about the future because there is going to be more planning and things being done at the site. He understands there is going to be a fire tower for the fire department. That means he is going to have the long fire engine coming down the road. He has children and grandchildren playing out there. He did not think it was fair as a tax payer his entire life to have to be burdened with the Keene Landfill and now this. Brian LaFontaine, resident of 1810 Irish Road in Esmont, said his property is intermediately adjacent just to the south. He thanked the Commission for the good questions they have posed tonight. His intent is not to prevent the establishment of this much needed training facility since it is recognized that public safety employees do need it. However, they do need to bring forth the issues that will affect the market value of the adjacent property and the peaceful and serene lifestyle that they have enjoyed for many years. Although they do appreciate the relocation of the range, which they just heard tonight, this recommended location is still very close to their property line. This makes them the most affected by gunshot noise. He noted the following concerns. - There are water ways that run from the vicinity of the landfill on to their land. There are numerous springs and shallow aquifers that populate these properties. Lead or other forms of contamination can easily be transferred to the water tables and potentially affect the adjacent property owner’s drinking water. - They are told that the range will be enclosed on three sides to reduce the noise. However, he was not aware before tonight of any documentation that those types of berms would be sufficient to keep the noise down to a nonintrusive level. They are told that the noise level from the firing range should be no more than 54 decibels at the location of their home. The level of a normal conversation is about 54 decibels, which is akin to a knock on a door. He did not know about anyone else, but it would drive him crazy to have somebody knocking at his door five to six hours a day. - He asked how the noise would affect the wildlife habitat. It could potentially destroy hunting on their farm. He asked how the cows in their fields would be affected. Many dogs are scared to death of gun shots. Would his dog have to cower in the house? Why have more noise prevention options not been presented such as soundproofing baffles over the range or indoor facility possibilities? They are told indoor facilities are cost prohibited because of the regulations requiring lead dust collection and containment. But then they were told that lead ammo is not going to be used. He asked what the problem is. - They also know that future plans call for a driving track, which is another issue for another time. It is a known fact that the market value of adjacent properties will plummet. No one wants to live next door to a firing range. They need proof that what they say the noise levels will be will actually be or lower and what recourse they have if they are not. They need to be assured that pollution to our springs and water aquifers do not happen and what can they do if it does. There are a lot of questions and few answers. If it means that this project be delaye d until these questions can be answer then so be it. If a new firing range and training facility is in the future of Albemarle County, let’s make sure it is done right. Mr. Dotson asked if his property accessed from Fortune Lane or from Route 6. Mr. LaFontaine replied it accessed from Route 6. The original firing range was slated to be down at the very bottom of the property. They had a very good meeting with Officer Heide and some other representatives. It was after that meeting that they took another look at the proposed location. Apparently what they learned tonight was they moved it a little more north, which they do appreciate that effort. ALBEMARLE COUNTY PLANNING COMMISSION – APRIL 3, 2012 DRAFTMNUTES – SUBMITTED FOR APPROVAL 4-24-12 10 Mr. Lafferty asked how long have you been at that location. Mr. LaFontaine replied that the property was in a family trust and purchased in 1973. His family has been living there since 1984. Brenda Morris, resident of 7246 Fortune Lane, said her problem is they have not addressed the issue of safety at all. She asked if her children and grandchildren would not be allowed to go comfortably outside to play for stray bullets. They have not addressed that fact. She thought that it being an old landfill is a huge reason that it is being chosen. Moving the proposed location further north brings it closer to her house. However, there are houses all around that property. She did not know why it does not need to be considered more heavily to put it someplace else that does not have people living all around it and to look at the fact that the road issue is a problem. In addition, Ms. Morris pointed out she drives a school bus on that road and lives there. Six school buses go in and out of that road twice a day. There is no passing zone for a school bus or car much less a school bus and a fire truck or anything else that is going to be traveling that road. Her biggest concern is the safety of stray bullets. She has a friend that used to live by the Rivanna Range and she actually has had two stray bullets go through her home. She was not harmed, but are they go ing to wait until somebody is harmed by a stray bullet before saying that might have been a bad decision to put that there. She asked if they were going to wait until somebody got hurt before they say they need to raise it higher. They need to look at some place that is not as populated as this area is Mr. Lafferty asked how long she has lived there. Ms. Morris replied that she had lived in the area all her life. However, she has lived at this particular house for the last four years. D. G. Van Clief said he did not live adjacent to the property, but did own property adjacent to it. He simply would like to voice a similar concern to the other speakers this evening. Obviously, staff had given a great deal of thought to this. He would add they are big supporters of law enforcement and delighted to see a range that will meet the needs of training proficiency that our law enforcement personnel need and deserve. Frankly, they would welcome added presence of law enforcement presence in our area. However, they do have the same concerns as the other two contiguous property owners. He owns the property to the southwest and wondered if the county has taken into consideration in its evaluation process what the impact would be beyond noise, and again to Ms. M orris’ point regarding safety and in terms of future marketability. Obviously, this is a rural area now. That status quo may or may not be the same some years from now. He asked is there a source of information they can go to in terms of what i t might mean to the value and marketability of the adjacent property in the future. Mr. Morris pointed out those questions would be addressed once they close the public hearing. Neil Williamson, with Free Enterprise Forum, said Free Enterprise Forum has no opinio n about this application or any other application. In general, they have questions about the policy. What they have in front of them is a request regarding consistency with the Comp Plan. They have a general idea of where the range is going to be. If this were a private developer coming in with a private range would the Commission accept that level of detail? In addition, they find that the questions that the Commission has posed regarding intensity, caliper, noise, and hours of operation all fall with in that clear determination. They are a bit unclear of the understanding of how, as they have spoken on other applications, other options that were considered really influence the decision whether this is consistent with the Comp Plan or not. That is interesting information. He just did not know if that was germane to their decision. In addition, the cost of the program or the cost of what they are going to go forward with – is that germane to determine if this is or is not a part of the Comp Plan compliance. Mr. Randolph asked Mr. Williamson if he felt it was important for the Commission to consider the cost of the project. Mr. Williamson replied that he considers that the county is the applicant in this presence. If the applicant ALBEMARLE COUNTY PLANNING COMMISSION – APRIL 3, 2012 DRAFTMNUTES – SUBMITTED FOR APPROVAL 4-24-12 11 were a private entity he would say absolutely not. He believes that the cost of the project falls under the preview of the Board of Supervisors in their CIP. The Commission has an opportunity to speak when the CIP is considered. He thinks this is an application in whether the proposal is compliant or not with the Comp Plan. Either decision is fine with the Free Enterprise Forum. The cost of the program really does not fall under the Commission’s preview. Ms. Monteith noted since she asked the question that this is tax dollars and not private dollars. Jo Higgins pointed out in ’89 when she was hired by the county one of her projects was the closure of the Keene landfill. She met a lot of the property owners at that time. Possibly between ’92 and ’95 there was much discussion about making this a training facility. It was on the CIP list for some time and has been bumped back many times in looking for other alternatives. The road issue was probably looked at , which was in that file. At the time this was operating there were 27 haulers in the county. About one-third of the haulers used the Keene landfill versus the Ivy landfill. The traffic then was quite brisk. It had daily traffic with dump trucks bringing stumps in and also with trash hauling trucks. The road was heavily traveled. The issue then was road width and that sort of thing. However, it was deemed to be adequate. It was suggested at that time if another use was going to occur it would be less disruptive to people to have it basically continuous after the landfill was closed. Once it is closed everybody forgets about the traffic that existed. She was not suggesting that it was not important. She was just saying there was a lot of traffic on the road, which was established for a very long time. Then it was switched over to Ivy Landfill. Ms. Higgins continued noting the other concern about the drawing was that a berm is a lot of dirt. Her first question is where the dirt is coming from and if there is adequate land. To get that dirt they are going to have to clear trees and where that tree clearing occurs could affect the sound. As far as the cost there is one other thing they talked about, which was the lead abatement. However, there was also discussion about a baffle wall to actually receive bullets. She recalled an old file that actually showed a covered line, like a 10’ wide covering on top, where the shooters would stand. It was always assumed that it was going to be heavily insulated. Now standing in the rain and shooting is probably not what someone wants to do. Therefore, she was wondering where that went. She suggested that a cost comparison be done between the cost of moving all of that dirt with the price of fuel in doing some sort of baffled cover and guide walls. The interstate acoustical walls would be an example. It might be more cost effective than trying to clear trees, move dirt, and do an E & S to alter the site in that way. In addition, Ms. Higgins noted there are two ranges that she was aware of. One is near her neigh borhood in Augusta County. She had no idea it was even a shooting range. It was an old chicken building that had been insulated. While driving by there is not sound from the bullets being fired. There are a load of trucks there and they are all practicing their gun shots. There is also one in Fluvanna where the shooters are stationed it is an insulated building and they shoot out into a wall. Again, people drive by and don’t even know it. She was not sure if it was permitted. She noted that there ar e options. Hal West said he lived on Esmont Road just around the corner from the Keene Post Office. He did not hear about this until he caught it on the news this morning since he did not get anything in the mail. He was off yesterday and heard some rifles. There were some pistol shots just behind him over behind Riding Club Road. He thought the shots were in the direction of the landfill. He was not sure if the shots came from there, but sounded so close. It was just one individual firing for abo ut an hour in the afternoon. They hear rifle shots and pistol shots quite often. He had to go back to the woods behind his home to make sure someone was not on the property. It sounded like someone was right there. It was about a quarter of a mile as a crow flies from the old landfill. He suggested if the Commission decided to do something like this that hopefully the range would be enclosed in preferably a sound proof area. He would think that using the landfill would be a good idea for the county. Also, the roads need to be kept up including Riding Club Road coming in from Route 20 as well as Fortune Lane. He lives on Esmont Road, which is paved. There is a lot of traffic on Esmont Road in front of his house as it is. However, with this proposal the traffic would increase. They would need to take care of Fortune Lane and Riding Club Road as well. There being no further public comment, Mr. Morris closed the public hearing to bring the matter back to the Planning Commission for discussion. ALBEMARLE COUNTY PLANNING COMMISSION – APRIL 3, 2012 DRAFTMNUTES – SUBMITTED FOR APPROVAL 4-24-12 12 Mr. Lafferty said it was stated in the report and presentation that noise is not a factor in making this decision. He asked if that was correct. Mr. Kamptner replied the staff report said the use is not subject to the noise regulations. Noise may be a factor in their consideration. For example, the rural areas plan when they look at its impact on agriculture and things like that. However, the public use is not subject to the noise standards although the county is trying to adhere to those regulations. Mr. Morris asked if staff wanted to address some of the questions that were raised before they go further. Mr. Sorrell replied that he could answer some of the questions. The applicant can address the other questions. Regarding the road, Fortune Lane is scheduled to be hard surfaced by VDOT this year, which is under the Rural Rustic Road Program. As part of the review of this project VDOT did review this and determined that this proposal would not prevent the paving of that particular road. The road improvements for that will be made later this year. Mr. Benish pointed out the work was going to advertisement this past March. He did not know what the status of the bid opening is. That improvement was actually approved and scheduled before this proposal was submitted. It has been scheduled for upgrade. Mr. Smith asked staff to elaborate on road improvement. Mr. Benish replied the Rural Rustic Road is a surface treatment used on low volume level roads out in the rural areas. It is a tar and gravel type treatment that is rolled and surfaced. It looks like a hard surface, but it is not a plant mix type high-level that you would see on a higher volume road way. Mr. Smith asked if there would be no additional width or ditch line work. Mr. Benish replied no, as he understands the paving work can be accommodated within the existing cross section to meet VDOT standards. Mr. Sorrell said regarding the market value issue staff strictly stuck to the land use impacts that this might have on the surrounding area in terms of noise, safety and things of that nature. Staff did not look at the market value effects on adjacent property. The applicant might be better prepared to answer the questions regarding stray bullets and soundproofing. Mr. Heide said the way they plan to address the question regarding safety in terms of stray rounds leaving the site is how they always do wherever they are training, which is through operating it safety. Our instructor/officer ratio is one instruction for every three officers. The target placement is key for keeping rounds within the range facility. W hen they are thinking of standing in the middle of this facility they are going to have 20’ berms in every direction that the firearm is pointing. Targets are placed at the ground level up to a height of about 4’. There is roughly a 15’ to 16’ buffer above that , which allows for some judgment in the officer’s aiming. They would need to be aiming very high when they are shooting 25 yards, 10 yards or 7 yards away from the back berm. Observation, the instructor ratio and the placement of the targets are the three key ways they are going to address keeping rounds within the range. The target is put against the berm on a 20’ high impact area, which makes it even harder for a round to leave the range. Accidents can happen. However, through design they are trying to address that safety issue with the design and operation. Mr. Sorrell noted the other question was for soundproofing and lead abatement. Mr. Heide said what they were trying to do, since this is tax payer money being spent, is find out what type of base line they have as designed and if it is still unacceptable then they can look at methods to address it. Some of those methods have to do with plants, engineered noise mitigation systems, and walls that absorb noise or deflect it. When they see overhead baffles on an outdoor facility it is not because of noise, but to ensure that rounds don’t leave the range where the height of the berm may only ALBEMARLE COUNTY PLANNING COMMISSION – APRIL 3, 2012 DRAFTMNUTES – SUBMITTED FOR APPROVAL 4-24-12 13 be 12’ to 14’ high. They are called no blue sky ranges. So as a shooter they are looking down the range and see no blue sky. That is what baffles are. They don’t have anything to do with sound. Regarding lead abatement, they are looking at three different ways. This is a cost benefit analysis. - The first way is to design the earthen berms in such a manner that it is easy for a lead reclaimer to come in and sort out the sand that will be on the face of the berm from the lead and then put all of the sand back and they haul the lead away. - The second option, which has to do with the money that is available, is to purchase rubber bullet traps. It is a metal frame that has a bed of rubber beads and the bullets impact the rubber and they set there until it reaches a predetermined amount. Then they call the same lead reclaimer in to sort it all out and haul it away. - The third way, which is the most expensive way because it is an annual expense, is lead free ammunition. With lead free ammunition obviously they don’t have the lead, but they still have something that needs at some point in time to be extracted and hauled away. Those are the three ways they are looking at addressing that concern. Ms. Monteith asked if they have done a cost estimate or a design for an indoor type facility. Mr. Heide replied that indoor facilities are extremely expensive. A lot of this is actually OSHA driven. To exchange the air on an indoor range for the size they need the air conditioning system would be approximately one-half of this project. That is not the building, range, or equipment. Mr. Randolph asked how many officers the county is currently down. Mr. Heide replied it was six officers. Mr. Randolph noted that building an indoor range when there is no money in the budge t to actually ensure that they have a force that is appropriate to the needs within the community is a little bit of a pipe dream. Mr. Heide said that they could use that terminology. Mr. Franco asked if they can regulate this by limiting the number of officers by the number of shooting lanes. If they reduced the number down to 10 instead of 16 potential shooters would that cut the sound in half? Mr. Heide referred the question to the Brian Peters with Kimberly Horn and Associates. Brian Peters replied that they would have limited return from that restriction. If they had 8 officers firing that does not mean that particular weapon produced a certain number of decibels that they multiply by 8. That is because unlike other sound sources, such as a roadway, if th ey take 100 vehicles and add another 100 vehicles the sound doubles. That is because they have a continuous sound source that lasts over a period of time. Firing is a very instantaneous thing. It is not a boom, but a bang, bang, bang. With that it is not a cumulative sound effect like they would have with other sound sources. He thought they would have limited return on what the folks next door would hear by offering that restriction. Mr. Franco said the sound levels they saw in the report are those booms. In other words, when the 16 shots are fired that would be the impact or is that a continuous noise effect of usage of the range. Mr. Peters replied that he could not speak to the Tank Study in particular because he was not the engineering firm that completed that. All he has is the same information that the Commission has seen at this point in time. It would be very similar to the assessments are done as the design progresses. The assessment will develop those decibel ranges with the number of uses they would expect. Mr. Franco said that would represent a 5 minutes average. In other words, the sound ordinance is based on a 5 minute average. If a shot is a boom and there is 59 more seconds that are there where they listen to the ambient, then it is going to kind of average out. Even at the qualification level that they were talking about earlier of 20 officers firing 200 shots or 4,000 shots it is working out to about 8 a minute if they do it ALBEMARLE COUNTY PLANNING COMMISSION – APRIL 3, 2012 DRAFTMNUTES – SUBMITTED FOR APPROVAL 4-24-12 14 over the 8 hours. He knows they are taking breaks and doing other things so maybe it is 16 shots a minute. He was trying to figure out if the numbers they are seeing represent an average of a 5 minute noise level or is it really just sort of the knock that he is hearing. Mr. Peters replied that it would be the knock that he would be hearing. That would be the main problem. When they work with a locality that has a noise ordinance on a private range the biggest problem would be the noise ordinance is not really written to account for this type of noise producer. What he is saying he felt he was on track with that. Mr. Franco said he assumes if the berms are raised in height that would be a potential mitigation. Mr. Peters replied that he would offer that it could be. At some point they would have ex tremely limited return at some height. Mr. Loach said on the outer limits they are showing 55 decibel at the outer radius. What is the standard deviation? Is there a wide deviation from that 55 decibel? He asked how accurate it is and how wide is the deviation from that 55 decibel. He asked if there are multiple factors that come into play that affect that. Mr. Peters replied that it is a model and a little bit of both. Therefore, it would not be unrealistic to expect that if this is actually what happened and this particular study or assessment took into effect all the factors. Our assessment will be more informed because they will be doing actual design versus the Tank Study. But any model they do whether it is a noise model for this or any other applicant or traffic model, at the end of the day it is not what he likes as an engineer typically being an answer and putting a box around it. There would be some deviation. He would not know in this particular model how it was done and what that deviation would be. It would be close to give them an idea that somewhere in the vicinity of that white circle based on the inputs put in they would be at 55 decibels. If they went out and did a noise meter what would you find. He would not be prepared at this time to say a number of what they could expect to deviate. It would not surprise him if that was 56, 57 or if 55 was even closer. It all depends on the inputs to the model and how it was done. He could tell them the assessment that the county has tasked them to do to evaluate their design. This was a high level assessment to develop a worst case scenario. They will refine that and move forward in their design. They are using a data base in their model that has been used in numerous ranges around the country that has weapons that the Police Department will be firing. Our model will in put sound levels from the actual weapon type that he is going to be using on his range. With all of that he can tell them they can feel reasonably comfortable that white circle is where the 55 decibel line will be in general. Mr. Smith asked does their study take into effect topography, contours and tree cover. Mr. Peters replied that it will be informed by them , but would not be a massively in depth 3-D model. It would be a model that was done very similar to this one. But, again they will know what elevation the range would set at whereas in the Tank Study they probably took an engineering judgment decision. They will know more based on the actual site plan than the folks did in the 2008 study. He replied yes to some degree they will take into effect the surrounding topography, the surrounding trees, and then whatever mitigation which obviously will be the 20’ berm. Mr. Randolph asked him to clarify if there would be any relationship actual or potential between atmospheric conditions- weather conditions, temperature and sound. Mr. Peters replied yes. Mr. Randolph noted what he was trying to get at is the question about the standard deviation here with the level of sound during the summer time when the air is actually thinner . He asked would one therefore be subject to louder sound because it was going to carry further than in the winter where there is more moisture in the air and therefore the sound will be deadened. In other words, for the contiguous neighbors is the noise going to be perhaps louder naturally because of weather conditions during the summer than it would be during the winter. ALBEMARLE COUNTY PLANNING COMMISSION – APRIL 3, 2012 DRAFTMNUTES – SUBMITTED FOR APPROVAL 4-24-12 15 Mr. Peters said that was a good question. He thought that those type of sound anomalies he would hesitate to say that during the summer it will be worse and in the winter it will not. Some of that is driven purely by atmospheric conditions that may vary and you could have the same condition in the winter time as in the summer. Would those things affect it - yes it would affect it. Would they be able to say that in the summer time it will be worse - probably not. Obviously elevation plays into that more than anything else. If he fires a round off in a valley a nd compares that to where he would be if he was top of the ridge, the folks in the bottom of that valley are going to hear that from further away as opposed to if he was on top of the ridge. Hence the positive benefits that will be evaluated to potentially move the range away from the tank study location. Mr. Randolph pointed out that a 20’ berm with Loblolly pines growing behind on three sides would address a concern that has been voiced about stray rounds. Mr. Heide pointed out they have no plans to plant on top of the berm. Mr. Dotson noted that several times in his remarks he has talked about design studies that your firm will now be doing and kind of updating the 2008 data. He was hearing that more data will be available at some stage in the future than is available now in looking at some of these alternatives. He asked if that is correct. Mr. Peters replied that he would say yes. The purpose of that is making sure if the range was repositioned on the site they would not provide a design that did something significantly worse than is on the screen. There would be more information. The only thing they would be informing this kind of study with would be true elevations from our grading on the site. It would not be a 3-D model. Mr. Lafferty said in general in the winter time when the air is cold it is denser. He asked if that was correct. Mr. Peters replied that would depend on the humidity. On a real humid summer day that would not be entirely true. But, in general yes. Mr. Lafferty asked if the sound would carry further in a denser medium. He said that night practices are going to be in the winter time when it is colder. He asked if he will be taking that into account in his studies. Mr. Peters replied that they have not started the study yet and referred the question to Mr. Heide. Mr. Heide said he would guess that it is a trade off. Is it better to try to get as much training done in a shorter period of time when folks are less likely to be at home because they are coming home from wo rk; or, to shoot when sound does not carry as far or as fast, but they are doing it when folks are home. He did not know how to answer that other than it is a balancing act of sorts. Mr. Peters offered in that scenario when the sound is transmitted like that from an atmospheric condition he would not want them to think that white line moves out. More than likely what happens is folks who may be below the 55 decibel line could hear that. He was a history buff – if they think about that from a civil war perspective there are plenty of senses of a civil war battle being heard hundreds of miles away purely from an atmospheric condition. But it was not like it was right out their window, but he just heard the sound. That is how that would be because 55 dec ibels would not be a super loud noise based on the numbers given earlier from the staff report. Mr. Smith pointed out to answer the question it would be louder in the summertime because folks are outside when it is being used. Mr. Franco noted they talk ed about qualifications being the most intense time. Do the qualifications require the night time use or will the night time be more limited. Will it be 20 officers firing several hundred rounds? ALBEMARLE COUNTY PLANNING COMMISSION – APRIL 3, 2012 DRAFTMNUTES – SUBMITTED FOR APPROVAL 4-24-12 16 Mr. Heide replied no. Typically there might be 20 officers there. However, there may only be 8 to 10 officers shooting at only one time. They work in relay so to speak in rotation. Annual qualification is a daylight and test. So they want to give people the opportunity to perform their best. Night time fi re is more job specific. They try to gauge those types of courses on what is realistic for an officer to shoot when they are actually involved in a gun fight on the street, which is a minimal number of rounds each time someone goes through the course. Ms. Monteith asked what kind of traffic analysis has been done in terms of the potential traffic impacts. Mr. Peters replied that the traffic analysis has not been done beyond the Police Department estimated number of people that was just given. It does not mean that there would be 6 vehicles if 6 officers were going down for certification. For this phase, which is before the Commission tonight, traffic would be going into the range, doing the certification and training and then going out. It would not b e a generator of traffic at this time. Unfortunately that would be something that he could study as an engineer. Mr. Sorrell pointed out that when VDOT reviewed this project they reviewed it at the 10 to 20 vehicles per use. At that level they felt that the Rural Rustic Road Program would still permit that road to be paved. Their concern was if this was deemed a higher intense use that had a lot of traffic, then that would not be meeting the intent of paving a rural road because it would be used more frequently. They provided information that said this was not deemed development in their words. So the road could continue under the Rural Rustic Road Program to receive that hard surface. Mr. Benish noted that Rural Rustic Roads are not anticipated to exceed 1,500 trips per day. When he mentions that it is within that standard that does not mean that it will have 1,500 trips per day, but it is just the limit of the category for the road. Mr. Morris invited further questions for the applicant. There being none, Mr. Morris reminded the Commission that what they were really looking at on this is the use of this land as a firing range in compliance with the Comprehensive Plan. Mr. Sorrell replied that was correct. Mr. Benish said it was the scope, scale and intensity. It is a general location. The map provided the region by which they say that use is appropriate, which again allows for some flexibility in the site design to massage the specific location. Mr. Kamptner asked to elaborate on the standard that the Commission will be applying. It is “substantially in accord”, which is a standard the Commission does not see day to day. In this context substantially would mean largely but not wholly in accord. If they need another term for accord it was conformity. So the standard they are applying “substantially in accord” also translates to largely, but not wholly in conformity with the Comprehensive Plan. There are various elements of the Comprehensive Plan that the Commission has before them for consideration in making that determination. Mr. Loach asked if the Board can ask for additional improvements and if there is going to be a different standard that the Board will use. Mr. Kamptner replied what the 2232 says is simply that the Planning Commission makes their decision, they communicate their findings to the Board, and the Board may overrule the action of the Commission by a majority vote. Presumably the Board will be applying the same standard “substantially in accord” that the Commission is applying. Mr. Benish suggested that they keep in mind too that this is an evaluation of whether this general location is in accord with the Comp Plan looking at the Communities Facilities Plan, and Land Use Environmental Goals and Objectives. Aside from this decision the Board controls essentially a department of the county in how that facility operates. So there are perspectives that the Board can have with the Police Department to address how this facility operates on a day to day basis. They under stand the scope that ALBEMARLE COUNTY PLANNING COMMISSION – APRIL 3, 2012 DRAFTMNUTES – SUBMITTED FOR APPROVAL 4-24-12 17 is intended here. But this is a public facility and not a private facility. It is under the management that ultimately is under the control of the Board of Supervisors. Mr. Loach agreed since that was the point he was trying to make. Mr. Sorrell said he also wanted to add that when they mentioned the additional reviews that may be required for the site if they were to provide other things there. If the county was to designate in the Community Facilities portion of our Comprehensive Plan as they were updating it to say this is an area appropriate for this type of use and that was called out specifically in the Comprehensive Plan, then it might not be necessary to come back in to do the individual compliance with the Comprehensive P lan reviews for the other components. Mr. Franco said based on what is front of the Commission tonight and what our responsibilities are he thought it was clear that there was some concern about the noise issue, but as staff said this is a county facility so the county really does have the ability to mitigate noise to a level that is acceptable to the adjacent neighbors and to the project itself. He would like to make the following motion based on that. Motion: Mr. Franco moved and Mr. Lafferty seconded that the Commission finds that the location, character and extent of the proposed Firearms Training Facility at Keene Landfill Site is in substantial accord with the County’s adopted Comprehensive Plan for the reasons identified as the favorable factor s outlined in the staff report. Mr. Morris invited further discussion. Mr. Randolph asked to make the following comments: - He was well aware of Fortune Road since his son is a property owner there and has been for about six or seven years. His son is a law enforcement official for the federal government and he know he supports a training facility for the county. He thought it was needed by the police. It is the time and budget responsive it is a better use of resources for the county. Police officers will not have to travel as far. Everyone is aware of from events in Sanford, Florida that better training results in increased weapon’s proficiency and better public safety. That is a bottom line that the Police Department is out to achieve with this training facility. This is the best location currently available. - In all likelihood if they don’t utilize this location they will have a window of opportunity close on us. It will be irretrievable and therefore the Police Department will have to look to d o their training in the county of Fluvanna, Nelson or Augusta and there are costs associated with that. If people in the audience want an indoor range then he certainly would urge them along with their neighbors to pressure the Supervisors to support a budget where those sums of money are going to be allocated for an indoor range. At this time the money is not there for an indoor range. All of us would be in agreement in an ideal world that an indoor range would be part of this proposal. However, they are not in an ideal world. - Since he represents the Scottsville District he thinks it is important to be mindful that with this training range in Scottsville that the police presence in southern Albemarle County will be enhanced dramatically. Where currently there are about one-half hour response times that once officers are training at this facility the response time to any issue in Scottsville region should be ten minutes or less because officers will leave this training facility if they are called to respond. - Finally about property values, property values on Fortune Lane with a paved road with increased police presence may in fact be enhanced. For contiguous property in the future in 20 to 30 years if this facility is to grow and there is support within the community for it to grow then government might be interested in purchasing increased property in the region. As the Police Department has bent over backwards to try to address the noise issue and staff will continue to work with the Police Department on that just in good faith moving forward he would dispute with Mr. Williamson that he thinks this is an issue for us to address at this time because it is a question of trust. The Police Department is also part of the public trust as are we and he was comfortable that they will do everything possible within the budget constraints that they live by to try to mitigate as much noise as possible He would be supportive of the motion and just wanted to make those remarks. ALBEMARLE COUNTY PLANNING COMMISSION – APRIL 3, 2012 DRAFTMNUTES – SUBMITTED FOR APPROVAL 4-24-12 18 Mr. Dotson commented that there are some land uses that nobody ever wants to be near, but they are needed since they provide a needed function. He asked himself the question is it conceivable that there would be a better location in the county even if they look ed beyond publicly owned land. He would be doubtful because there are no places where they can get completely away. He just did not think they were there. If a facility is needed he thought ethically they should provide it for ourselves and not go to some other jurisdictions and impact those neighbors and citizens. They should have to “bite the bullet” and have it ourselves. Having said that, he was not comfortable with what they have heard about the sounds. The sort of analogy Mr. LaFontaine used of a “knock at the door” would drive him crazy if he heard six hours, one hour, thirty minutes of knocking on the door every day. He thought that would drive somebody nuts and would bother them. He was just wondering if now that they have got some new engineers on board looking at design options if it might not be possible to mitigate some of the sound. He was not so much concerned with the volume of sound as simply the attention getting nature of the sound like the knock on the door and whether that might not be avoidable. He was really not convinced that they know as much right now as they could know about this that would make it a lot easier to agree with the motion. Mr. Loach agreed with Mr. Randolph that this is a clear need. Even the neighbors who spoke saw the need for the firing range. Like the gentleman that spoke he also belongs to the gun shop. On the other side of the coin he served as a reserve deputy with the Sheriff’s Department. One of the reasons he joined the gun club was so he could practice more. As Mr. Heide said one of the things that they have to develop is muscle memory with their weapon. That is only a component of practice. As Mr. Dotson just said they are going to get more data from the engineers that he thinks is important in making the final decision for the Board. His vote is based on compliance with the Comp Plan, which is what he is judging and making his vote on. That is why he asked the question about when this gets to the Board because he thought the Board has a wider jurisdiction to look at other factors. As stated this will be a function of county government and it has to be compliant to the people of the county. He was hoping as they work through this things will get better. His vote will be based on the issue at hand, which is the Comp P lan. Ms. Monteith commented that there are four areas in the staff report that have to do with the Comp Plan that she has concerns about. She realizes that these are concerns and not necessarily regulations. However, in the report the consensus of the Agricultural/Forestal Comm ittee was that the proposed firing range was not a use that complimented or was otherwise conducive to agricultural or forestal issues. Two, is the sound issue where she did not believe that they were in compliance with our own re gulations. Three, is that the location of this new public facility should be within the county’s development area, which is not. It is in the rural area. Four, was where they were talking about issues around this being a watershed and they are not completely sure about what the impacts to the watershed will be with this use. If this is voted in compliance tonight she would like to see additional mitigation measures designed as part of this project before it goes to the Board to be under consideration. Mr. Morris asked Mr. Kamptner if this body was at liberty to add conditions at this time. Mr. Kamptner replied that the practice of the Commission over the years has been to occasionally impose a condition if it deemed that the condition was needed in order make the finding of substantial accord. It certainly does not have to. However, that has been the practice of the Commission. Typically those have been on applications for privately owned facilities that were subject to the 2232 review. Mr. Benish clarified that the Commission’s action will go to the Board of Supervisors for information. There is no mandated action by the Board of Supervisors. He wanted to make sure there is no confusion with the public. There is not a next step of the Board other than they are informed of the Commission’s decision. They have an option to pick it up. Mr. Dotson asked to clarify that. The Board would receive the Commission’s minutes and that is as much notification that they would have. Mr. Benish replied that there would an action letter notifying the Commission’s action with any conditions with that action and the minutes. ALBEMARLE COUNTY PLANNING COMMISSION – APRIL 3, 2012 DRAFTMNUTES – SUBMITTED FOR APPROVAL 4-24-12 19 Mr. Franco noted the Board would also get the information from staff when the project began to move forward. A lot of the questions they have right now are due to a lack of information. What they are doing with this action is saying go ahead start to better design the facility and look at what mitigation measures can be done to bring it closer to the rural noise regulations. Then the Board as part of their expenditure of the funds can make a decision if it requires additional funding whether they want to pay those additional funds. Mr. Dotson asked is that a part of the motion and a part of what will be in the action letter. Mr. Franco replied no. He thought they were just getting the Commission’s minutes and their recommendation that the use is appropriate in this location and that sound is of concern and it needs to be looked at more closely as the project develops. Mr. Smith said this is a situation where you are dammed if you do and dammed if you don’t. He thinks the concept and idea is great and they need it. However, he does not like it. Mr. Morris agreed with Mr. Franco and the motion that this is a facility that is desperately needed. He was sorry that it cannot be an indoor facility that is totally soundproof. However, that is not the reality of the environment that the Police Department works in. It would seem that everything that they can do to provide them realistic training is to the betterment of everyone in the county. He asked for a roll call. The motion passed by a vote of 5:2. (Dotson and Smith voted no) Mr. Morris noted staff would forward the Planning Commission’s finding and other information to the Board of Supervisors, as follows: The Planning Commission finds that the location, character and extent of the proposed Law Enforcement Firing Range Facility (Firearms Training Facility at Keene Landfill Site) is in substantial accord with the County’s adopted Comprehensive Plan for the reasons identified as the favorable factors in the staff report, as follows: 1. Site will utilize an under-used county-owned land; 2. Site’s size and remote nature isolates it from more densely populated areas; 3. Location of range on site will further limit adverse impact on adjacent agricultural properties; 4. Site’s location limits impacts to natural, scenic, historic and cultural resources. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Athletic Synthetic Turf Fields Annual Report SUBJECT/PROPOSAL/REQUEST: Report on the completion and community use of County athletic synthetic turf fields STAFF CONTACT(S): Messers. Foley, Elliot, Davis, and Crickenberger LEGAL REVIEW: Yes AGENDA DATE: May 2, 2012 ACTION: INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: X ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: On December 9, 2008, the Board approved an appropriation of $225,000 from the Parks and Recreation Capital Improvement Plan to be used for a School Board project to convert three (3) high school stadium fields from natural grass to synthetic turf ($75,000 per high school). On April 6, 2009, a Memorandum of Understanding (MOU) was executed between the County Department of Parks and Recreation and the School Division that assures the availability of the turf fields for community recreation use (Attachment A). The MOU guidelines provide that school division events take precedence over community use, even in the event of cancellations and rescheduling. Community use is scheduled by Parks and Recreation through the respective high school athletic directors. There is no charge for Parks and Recreation-sponsored youth non-profit organization practices; however, there is a $50.00 per hour charge for games, plus an additional $25.00 per hour for a school division employee to provide custodial services and field supervision. The purpose of this executive summary is to report on the completion and the community use of the athletic synthetic turf fields. DISCUSSION: The synthetic turf athletic fields were completed at Monticello High School in July 2009 and at Albemarle and Western Albemarle High Schools in February 2011. The following two charts provide information regarding the project costs, funding sources, community recreation use and revenue for each high school athletic synthetic turf field as provided by the high school athletic departments and the School Division Department of Fiscal Services. Location Project Cost Community Foundation Donation High School Booster Fund Raising Parks & Recreation Albemarle High School $552,000 $418,528 $51,567 $75,000 Monticello High School $606,833 $325,000 $206,833 $75,000 Western Albemarle High School $552,000 $418,528 *$65,377 $75,000 TOTAL $1,710,833 $1,162,056 $323,777 $225,000 *Note: $6,905 from WAHS fundraising was used to fund the AHS field. Since the completion of the athletic synthetic turf fields, a total of 130 community use practices and 72 community use games by Parks and Recreation-sponsored youth organizations have occurred as follows: Location Community Organizations PRACTICES Sponsored by Parks & Rec. No Charge Community Organizations GAMES Sponsored by Parks & Rec. $50/hr field & $25/hr staff Total Amount Collected Albemarle High School 70 16 $6,000 Monticello High School 60 31 $8,305 Western Albemarle High School *0 25 $6,800 TOTAL 130 72 $21,105 *Note: The W estern Albemarle High School athletic director was not aware that Parks & Recreation-sponsored community organizations are intended to use the field for practices. These groups were scheduled on other fields for practices. The athletic director is now aware of the terms of the MOU. AGENDA TITLE: Athletic Synthetic Turf Fields Annual Report May 2, 2012 Page 2 The fees that are collected will be placed in an account reserved for funding the future replacement of the turf fields. The athletic directors have not seen an increase or decrease in the number of injuries or heat related illnesses since the synthetic turf fields have been installed. BUDGET IMPACT: The cost benefit of maintaining a synthetic turf field versus a natural grass field is $45,000 per year per field. The annual maintenance cost for a synthetic turf field is $5,000 versus $50,000 for a natural grass field, which includes supplies, equipment, and labor costs. The estimated life expectancy of a synthetic turf field is 10 to 12 years and, based on an estimate from the Brigham Young report prepared in 2008, the replacement cost is $250,000 to $300,000. Based on construction and maintenance costs over a 12-year field life, the cost of one turf field is approximately $666,833 and of a natural field is $600,000 for 12 years. However, this higher turf field cost is offset by the increased use of the field. There is no down time required between uses of a turf field like there is with a natural field, practices and games do not have to be cancelled due to poor field conditions when there has been earlier precipitation, and there is an additional savings of fees that have to be paid to officials and other staff for games that are cancelled at the last minute and rescheduled, which doesn’t happen as often with turf fields. In addition, the schools’ and community’s needs are being better met, and there are savings in not having to build or maintain additional fields to otherwise meet those needs that can be met by the additional use that can be scheduled on a turf field. In addition, the projected cost comparison of the next 12-year period indicates that a turf field will be less expensive than a natural field. If the replacement cost of a turf field is $250,000 to $300,000 as projected in the 2008 Brigham Young report referenced above, and if there is still a $45,000 savings in the annual maintenance cost of the fields, the net cost of the turf field over the next 12-year period would be $150,000 to $200,000 less than that of a natural field over the 12-year period, not taking into account the additional savings of not having to build additional fields. RECOMMENDATIONS: This matter is presented for information purposes only. ATTACHMENTS A – 2009 Memorandum of Understanding Return to consent agenda Return to regular agenda Page 1 of 5 Culpeper District Albemarle County Monthly Report May 2012 Special Issues US 250 Shadwell Bridge Replacement over the Buckingham Branch Rail Road—The project has scheduled the bridge closure to begin on May 1, 2012. The closure and associated detour have a scheduled duration of 70 days. Bridge Replacement Project Rte 672, Blufton Road—The road will be closed to traffic on Tuesday, May 8 from 12 midnight to 8:00 p.m. A shuttle service will be provided on May 8 for the residents. Bridge Replacement Project on Route 783 over a Branch of Mechunk Creek. The road will be closed to through traffic at the bridge for an approximate four week period beginning in late June and will reopen in late July. This bridge will be replaced with Bridge Maintenance Funding and will have no effect on the SSYP just like the recent replacement of Route 743 over Jacobs Run and the upcoming replacement of Route 672 over the Doyles River. Work will be done with in house personnel and consist of both the complete replacement of the superstructure as well as some underlying substructure. Though there is a four week planned closure the hope is to complete it and have it opened to traffic in a lesser time frame. Bridges on Route 745, Arrowhead Valley Road—Norfolk Southern Corporation has awarded the contract to the contractor for the southern bridge replacement. The anticipated completion date quoted by the contractor is August 15, 2012. The bridge is currently owned and maintained by the Rail Road. Once the construction is completed the maintenance will become the responsibility of VDOT. The Commonwealth Transportation Board will be conducting a public hearing to give citizens the opportunity to review and provide comments on projects and programs to be included in the Fiscal Year 2013-2018 Six-Year Improvement Program (FY13-18SYIP), including highway, rail and public transportation initiatives. These projects and programs represent important improvements to address safety, congestion and preservation of Virginia’s transportation network. It is important that we hear from you and your constituents about those projects you feel are the highest priority for the state’s limited transportation funds. The public hearing for citizens in our region will start at 6:00 p.m. on May 2, 2012 at the VDOT Central Office Auditorium, 1401 East Broad Street, Richmond, VA 23219. Written comments may also be submitted during the hearing, or they may be mailed or e- mailed afterwards. Page 2 of 5 Albemarle County Monthly Report Continued May 2012 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 Design Public Hearing Right of Way – May 2012 February 2013 Route 53 Safety Project – Shoulder Widening 0.06 Mi E. of Monticello Loop Road Design Public Hearing Right of Way – May 2012 February 2013 Route 53 Safety Project – Intersection Improvements at Route 20 Design Public Hearing Advertisement February 2013 Route 708, Dry Bridge Road Bridge Replacement over RR Right of Way Advertisement May 2013 Route 53 Safety Project – Intersection Improvements at Route 729 Preliminary Design Design Public Hearing – April 25, 2012 October 2013 Route 616, Black Cat Road Bridge Replacement over RR Survey Preliminary Design – April 2012 March 2014 Route 677, Broomley Road Bridge Replacement over RR Survey Preliminary Design – July 2012 December 2014 Route 637, Dick Woods Road Bridge Replacement over Ivy Creek Survey Preliminary Design – July 2012 December 2014 Route 250, Bridge replacement over Little Ivy Creek Project Kick-off Survey – Fall 2012 January 2018 Route 762, Rose Hill Church Lane, Unpaved Road Project Scoping Construction Spring 2012 *Dates to be determined following evaluation of Scoping Team comments. Page 3 of 5 Albemarle County Monthly Report Continued May 2012 Preliminary Engineering Continued: PROJECT LAST MILESTONE NEXT MILESTONE AD DATE Route 704, Fortune Lane, Unpaved Road Advertisement Construction Start – Spring 2012 March 2012 Route 672, Blufton Road, Unpaved Road Project Scoping Advertisement April 2012 Route 608, Happy Creek Road, Unpaved Road Advertisement Construction Start – Spring 2012 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 Best Buy Ramp Survey Preliminary Design – July 2012 November 2014 Construction Activities  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. Page 4 of 5 Albemarle County Monthly Report Continued May 2012 Construction Activities--Continued  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: Complete bridge construction Contract Completion:.July 30, 2012  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 May 1,2012 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 R oute 29. Next Major Milestone: Resume Work in the Spring after the Winter Shutdown. Contract Completion Date: Summer 2012 Traffic Engineering Studies  Completed  Route 643 (Proffit Rd.) and Route 649 (Polo Grounds Road) – Intersection safety review complete. Awaiting sign installation.  Route 6 (Irish Road) at Route 627 (Porters Road) – Intersection Study. Study completed and pending tree trimming, sign adjustments, and sign installations.  Route 601 (Garth Rd) from Route 654 to Route 676 – Study complete, speed limit to remain and recommending signing and markings solutions.  Route 250 near Boars Head Inn –Guardrail review – Study memorandum complete; awaiting funding for installation. Page 5 of 5 Albemarle County Monthly Report Continued May 2012 Traffic Engineering Studies Continued:  Under Review  Route 690 – Speed data collected, report documentation drafted, and in final review.  Route 631 at Belvedere Road – Traffic control signal analysis in review.  Rio Rd and John Warner Parkway – Study to investigate U-turn conflicts with right turns; under review.  Route 1140 (Peter Jefferson Parkway) – Evaluation of pedestrian crossings under review.  Route 240 – Cross walk relocation at the Crozet Library.  Route 250 and 1054 (E. of Shadwell) – Intersection Safety review  Route 631 (Old Lynchburg Rd) – Speed study in progress.  Route 743 (Earlysville Rd) – Speed study with comprehensive safety review in progress.  Route 643 (Polo Grounds Road) – Pavement marking evaluation at the intersection with Route 29.  Route 22 and Route 740 – Signing review to address turning conflict concerns.  Route 22 – No Parking sign review near the intersection of Route 250.  Route 702 – Interchange signing review. Maintenance Activities On-going routine maintenance activities with specific emphasis on winter pavement deformations. Preparations for first round mowing. David Crim Virginia Department of Transportation Charlottesville Residency Administrator 701 VDOT Way Charlottesville, VA 22911 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 MEMORANDUM To: Board of Supervisors From: V. Wayne Cilimberg, Secretary to Planning Commission Date: March 21, 2012 Re: Planning Commission Annual Reports Section 15.2-2221 of the Code of Virginia says that, among its duties, the Planning Commission shall, “5. Make . . . an annual report to the governing body concerning the operation of the commission and the status of planning within its jurisdiction.” Attached you will find a report summarizing the activities of the commission in 2011 accepted by the Planning Commission at its March 20, 2012 meeting. Hopefully you will find this information of interest and I am more than happy to answer any particular questions you might have. View report Return to consent agenda Return to regular agenda 2011 ANNUAL REPORT ALBEMARLE COUNTY PLANNING COMMISSION Section 15.2-2221 of the Code of Virginia stipulates that the local Planning Commission shall “make . . . an annual report to the governing body concerning the operation of the Commission and the status of planning within the jurisdiction”. This report is a brief summary of the Albemarle County Planning Commission’s membership and activity during 2011. COMMISSION MEMBERSHIP COMMISSIONER DISTRICT SERVED Russell (Mac) Lafferty Jack Jouett 1/10 - 12/31/11 Don Franco Rio 3/4/09 - 12/31/11 Cal Morris, Vice-Chairman Rivanna 1/04 - 12/31/11 Ed Smith Samuel Miller 1/10 - 12/31/11 Linda Porterfield Scottsville 1/08 - 12/31/11 Thomas Loach White Hall 1/08 - 12/31/11 Duane Zobrist, Chairman At-Large 1/10 - 12/31/11 Julia Monteith University of Va. (Non-voting) 1/06 - 12/31/11 2011 MEETING AGENDA SUMMARY # Meetings = __30____ PUBLIC HEARINGS/REGULAR ITEMS # Considered # Approved # Denied # Deferred Comp Plan Amendment (Includes 5 Year Review and Master Plans) (CPA) 1 1 - - Zoning Text Amendment (ZTA) 10 7 - 3 Subdivision Text Amendment (STA) 2 1 - 1 Comp Plan Compliance Review (CCP) 1 1 - - Zoning Map Amendment (ZMA) 19 11 3 5 Special Use Permit (SP) 45 41 3 1 Preliminary Site Plan (SDP) 6 4 - 2 Final Site Plan (SDP) 7 7 - - Preliminary Sub Plat (SUB) 2 1 - 1 Final Sub Plat (SUB) - - - - Site Plan Amendment (SDP) 1 1 - - Site Plan Waiver (SDP) - - - - Subdivision Waiver (SUB) - - - - Agricultural/Forestal District (AFD) 10 10 - - CONSENT AGENDA Preliminary Site Plan (SDP) - - N/A N/A Final Site Plan (SDP) - - N/A N/A Preliminary Sub Plat (SUB) 1 1 N/A N/A Final Sub Plat (SUB) 2 2 N/A N/A Site Plan Amendment (SDP) - - N/A N/A Site Plan Waiver (SDP) 1 1 N/A N/A Subdivision Waiver (SUB) - - N/A N/A Agricultural/Forestal District (AFD) 5 5 N/A N/A PC Minutes 27 27 N/A N/A Other 15 15 N/A N/A WORK SESSION Comp Plan Amendment (Includes 5 Year Review and Master Plans) (CPA) 4 N/A N/A N/A Zoning Text Amendment (ZTA) - N/A N/A N/A Subdivision Text Amendment (STA) - N/A N/A N/A Comp Plan Compliance Review (CCP) - N/A N/A N/A Zoning Map Amendment (ZMA) - N/A N/A N/A Special Use Permit (SP) 2 N/A N/A N/A Preliminary Sub Plat (SUB) 1 N/A N/A N/A Other 4 N/A N/A N/A 2011 HIGHLIGHTS CPAs considered included the Urban Development Areas (UDAs) and General Comprehensive Plan Review ZTAs considered included Industrial Performance Standards, Farm Winery Noise (Outdoor Music), Monticello Historic District, Wireless, Special Lots, Fees, Industrial Uses and Process Improvements STAs considered included Special Lots and Miscellaneous Amendments CCPs considered included Henly Middle School Wind Turbine and Ivy Fire Station ZMAs considered included Pantops Ridge, Republic Capital, Morey Creek, Fontana, Albemarle Place, Estes Park, Peter Jefferson Overlook, Redfields, Albemarle Health and Rehab and Hollymead Town Center Area SPs considered included Four Seasons Learning Center, Crozet Music Festival, Westminster Canterbury, Charlottesville KOA Campgrounds, Blue Ridge Swim Club, Charlottesville Power Equipment, South Plains Church, Ivy Creek Church, Ragged Mountain Dam, Locally Grown Fesitval, Badger Industrial, Colonial Nissan Parking Structure, Southern Albemarle Day Care and Community Center, Glenn Hall Additional Development Right, Dover Foxcroft Special Events, Clifton Lake, Granger Fill in the Floodplain, Elks Lodge Farmers Market and several wireless facilities (towers) SDPs considered included Re-Store’n Station, Dunlora Forest and several wireless facilities (towers) SUBs considered included Barracks West Townhouses and Willow Lake Other matters covered included the CIP, Planning Commission Training, Economic Vitality Action Plan and Joint Meeting of the City and County Planning Commissions COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Wireless Policy/Regulations Update SUBJECT/PROPOSAL/REQUEST: Provide Update on Wireless Policy and Regulations STAFF CONTACT(S): Messrs. Foley, Elliott, Davis, Kamptner, Graham and Fritz LEGAL REVIEW: Yes AGENDA DATE: May 2, 2012 ACTION: INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: X ATTACHMENTS: No REVIEWED BY: BACKGROUND: On December 7, 2011 the Board of Supervisors authorized an appropriation of up to $12,000 for the purpose of hiring a consultant to assist the County in updating the Wireless Policy/Regulations and to investigate possible strategies to encourage deployment of broadband access throughout the County. The Board also instructed staff to work with industry representatives to discuss possible ordinance amendments to address process improvements. Staff has met with industry representatives to discuss potential changes in the ordinance and the impact of recent rulings, interpretations and laws. A more formal discussion with industry representatives is scheduled for June 7th to discuss specific changes to the ordinance. Finalization of the contract and the discussions with the industry have been complicated due to a variety of ex ternal decisions including the FCC’s “Shot Clock” ruling, which requires expedited action on certain wireless applications, the recent adoption of the “Middle Class Tax Relief Act and Job Creation Act of 2012,” which includes a provision that affects a locality’s authority to deny certain wireless applications that do not propose “substantial changes” to an existing facility’s physical dimensions, and the Virginia Supreme Court’s decision in Sinclair, which eliminated the Planning Commission’s authority to approve Tier II applications. These changes to the regulatory environment have caused the project to be delayed while staff identified the appropriate scope of work. DISCUSSION: The Board expressed an interest in the consultant performing the following scope of work (included as Option 2 in the presentation made to the Board on December 7, 2011):  Describe how technology is changing deployment.  Describe the court decisions that are influencing the regulating of deployment and why.  Describe the FCC rulings, programs and policy initiatives that may impact regulation of deployment and why.  Describe how changes in wireless will impact the regulation of deployment.  Specifically, describe how Albemarle County’s policy should change and list those sections in 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 wanted to determine how the County could encourage broadband deployment into portions 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 defined the scope of work and is in the process of procuring the consultant’s services. The Board did not direct staff to work with the general public initially in any discussions regarding changes in wireless regulations. The original discussions with the public regarding wireless planning occurred over 12 years ago. Since that time, the way individuals use wireless has changed significantly. It is possible that the general attitude toward wireless planning has also changed. Staff recommends that as a part of the process of updating the policy, discussions occur with consultants and industry representatives, as well as the public in general. Any work with the industry and public would occur after the Board has had an opportunity to review and evaluate the work of the consultant. AGENDA TITLE: Wireless Policy/Regulations Update May 2, 2012 Page 2 BUDGET IMPACT: The Board has authorized an appropriation of up to $12,000 for this project. RECOMMENDATIONS: This report is provided as an informational item only and no Board action is required at this time. Staff will proceed with finalizing a contract with the consultant and submit a schedule for this project to the Board once a notice-to-proceed has been issued to this company. Return to consent agenda Return to regular agenda COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 April 20, 2012 Carolyn Shears 314 East Water St. Charlottesville, Va 22902 RE: SP201200001 Ivy Forum TMP 60-46C Dear Ms. Shears: The Albemarle County Planning Commission, at its meeting on April 3, 2012, by a vote of 7:0 recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following condition: - The indoor athletic facility use shall not exceed 2,000 square feet. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on May 2, 2012. View staff report and attachments View PC minutes Return to agenda If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296-5832 x: 3250 Sincerely, Claudette Grant Senior Planner Planning Division CC: Ivy Forum LLC 314 East Water St Charlottesville Va 22902 Ivy Forum PC Public Hearing 4/3/12 1 ALBEMARLE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT Proposal: SP 201200001 Ivy Forum Staff: Claudette Grant Planning Commission Public Hearing: April 3, 2012 Board of Supervisors Hearing: To be determined. Owners: Ivy Forum, LLC Applicant: Carolyn Shears Acreage: Approximately 0.9370 acres Special Use Permit for: Indoor Athletic Facility in Commercial Office district TMP: 06000-00-00-046C0 Location: 2200 Old Ivy Road (Attachments A & B) By-right use: Offices, supporting commercial and service. Magisterial District: Jack Jouett Conditions: No EC: Yes Proposal: Request a special use permit to allow an indoor athletic facility in a building zoned for Commercial Office use. Requested # of Dwelling Units: 0 DA (Development Area): Neighborhood 7 Comp. Plan Designation: Office Service – office uses, regional scale research, limited production and marketing activities, supporting commercial, lodging and conference facilities, and residential (6.01-34 units/acre) Character of Property: The property is developed with an office building, and related parking. (Attachment C) Use of Surrounding Properties: Surrounding properties are other office uses, a restaurant, apartment complexes and some University of Virginia buildings and facilities. Factors Favorable: 1. The use is consistent with the Land Use Plan. 2. Provides an additional athletic facility option for people who live and work in the area. Factors Unfavorable: None RECOMMENDATION: Staff recommends approval of SP201200001, Ivy Forum with conditions. Ivy Forum PC Public Hearing 4/3/12 2 STAFF PERSON: Claudette Grant PLANNING COMMISSION: April 3, 2012 BOARD OF SUPERVISORS: To Be Determined SP201200001: Ivy Forum Petition: PROJECT: SP201200001/Ivy Forum PROPOSAL: Special use Permit request for Indoor Athletic Facility on 0.9370 acres. No dwellings proposed. ZONING: CO Commercial Office – offices, supporting commercial and service; residential uses by special use permit at a density of 15 units/acre. Section 23.2.2 (14) Indoor Athletic Facility. ENTRANCE CORRIDOR: Yes COMPREHENSIVE PLAN: Office Service – office uses, regional scale research, limited production and marketing activities, supporting commercial, lodging and conference facilities, and residential (6.01-34 units/acre) in Neighborhood 7. LOCATION: 2200 Old Ivy Road TAX MAP/PARCEL: 06000-00-00-046C0 MAGISTERIAL DISTRICT: Jack Jouett Character of the Area and Adjoining properties: The subject property is located at 2200 Old Ivy Road. The surrounding area is primarily developed with office uses, including a nearby restaurant (the Ivy Inn), a few apartment complexes and some University of Virginia buildings and facilities. The southern boundary of this site is the CSX railroad track. Across the street and to the north are the University of Virginia Miller Center, baseball field and an apartment complex. The City of Charlottesville boundary is located to the east of this property. To the west are a vacant tract of land and the Ivy Inn Restaurant. Background: The property is zoned CO-Commercial Office and is currently being used as an office building with associated parking. (See Attachment C) The applicant is requesting to use approximately 1,715 square feet of the 12,000 square foot office building for an indoor athletic facility. The indoor athletic facility will consist of a fitness studio called Pure Barre, which uses the ballet barre as the primary focus for the workout. An area not to exceed 20% of the floor area will be used for the sale of dancing shoes and apparel. The applicant anticipates approximately 10 students with classes being run between 6:00 am – 9:00 am and 4:00 pm – 8:00 pm Monday through Friday. Classes may also be offered on Saturday and Sunday at various times, depending on the students’ wishes. There are no plans to change the exterior of the building or property. Applicant’s Justification for the Request: The applicant believes this use of a fitness studio will provide wellness services and promote a healthy activity option to nearby residents and professionals, many of whom will be able to walk to the studio. This could be an additional amenity that will benefit the local community. Ivy Forum PC Public Hearing 4/3/12 3 Planning and Zoning History: The building was built in 1975, and the property was zoned CO-Commercial Office prior to 1980. Over the last 25 to 30 years a variety of zoning clearances and an ARB submittal for façade renovations have been reviewed. Conformity with Comprehensive Plan: The Land Use Plan designates this area as Office Service in Neighborhood Seven (7). The Comprehensive Plan supports office parks and mixed-use planned development emphasizing office uses, residential uses, and regional-scale research and uses providing information, professional and support services to the County and the larger region. An indoor athletic facility is appropriate within this land use designation and for this area. It can serve as a complimentary amenity to neighborhoods such as this, which include office and residential uses within close proximity to the proposed use. The site will not be used for residential purposes. An analysis for consistency with the Neighborhood Model was not done for this project since site changes are not proposed. There are no proposed changes to the exterior of the building or the property. This proposal is not in conflict with the Economic Development Policy and encourages new business activity. Staff Comment on SP 2012-00001-Request for Indoor Athletic Facility Use in the CO Commercial Office District Section 31.6 of the Zoning Ordinance below requires that special use permits be assessed as follows: Will the use be of substantial detriment to adjacent property? The indoor athletic facility is not expected to be of substantial detriment or impact to adjacent property. At 1,715 square feet, the proposed use will take up a relatively small amount of space. The location of the building is a corner lot bound with a railroad track, bridge, vacant property and a restaurant. Parking is located on the property and is adequate for the building with this use. Will the character of the zoning district change with this use? The character of the district is not anticipated to change with the addition of this use in the existing building. This use will occupy interior space within the office building and should operate very similar to the way an office would operate with the building. Will the use be in harmony with the purpose and intent of the zoning ordinance? The CO zoning district is intended for development of administrative, business and professional offices and supporting accessory uses and facilities. This district is intended as a transition between residential districts and other more intensive commercial and industrial districts. Indoor Athletic Facilities are allowed by special use permit in this district depending on the location. Will the use be in harmony with the uses permitted by right in the district? This area contains a wide mix of existing uses; some public facilities, small scale strip commercial development and some residential uses. Indoor athletic facility uses are Ivy Forum PC Public Hearing 4/3/12 4 allowed in the CO district with a special use permit. The proposed indoor athletic facility is a supporting accessory use for several of the existing uses in the surrounding area. Will the use comply with the additional regulations provided in Section 5.0 of this ordinance? There are no additional regulations. However, a condition limiting the square feet of the use is recommended because a larger facility could have a different traffic impact to the area. Will the public health, safety and general welfare of the community be protected if the use is approved? The public health, safety, and general welfare of the community are protected through the special use permit process which assures that the proposed use is appropriate in the location requested. There are no safety concerns with the proposed indoor athletic facility use. Summary: Staff finds the following factors favorable to this request: 1. The use is consistent with the Land Use Plan. 2. Provides an additional athletic facility option for people who live and work in the area. Staff finds no factor(s) unfavorable to this request. Recommended Action: Staff recommends approval of SP 201200001, Ivy Forum with the following condition: 1. The indoor athletic facility use shall not exceed 2,000 square feet. PLANNING COMMISSION MOTION—Special Use Permit: A. Should a Planning Commissioner choose to recommend approval of this special use permit: Move to recommend approval of SP 2012-00001, Ivy Forum with the following condition: 1. The indoor athletic facility use shall not exceed 2,000 square feet. B. Should a Planning Commissioner choose to recommend denial of this special use permit: Move to recommend denial of SP 2012-00001, Ivy Forum. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommen ding denial. ATTACHMENTS Attachment A – Tax Map Attachment B – Vicinity Map Attachment C – Survey of Lot 4A Pear Tree House Subdivision Return to PC actions letter IVY RD O L D IV Y R DIVY DRFAULKNER WAYCOLONNADE DRL A NNIGAN LN ¡601 £¤250 Prepared by Albemarle CountyDivision of Information Services. Map created by Elise Hackett, March 2012. Note: The map elements depicted are graphic representations and are not to be construed or used as a legal description.This map is for display purposes only. Aerial Imagery 2009 Commonwealth of Virginia. Parcels shown reflect plats and deeds recorded through December 31, 2011. 0 100 20050Feet SP 2012 - 00001Ivy Forum Roads Streams Water Body Parcels Parcel of Interest City Boundary Buildings ± 60-46C ATTACHMENT A IVY R D 25 0 /2 9 B Y P A S S CANTERBURY RDS T A D IUM RDGEORGETOWN RD¡601 ¡820 }ÿ302 £¤29 £¤250 Prepared by Albemarle CountyDivision of Information Services. Map created by Elise Hackett, March 2012. Note: The map elements depicted are graphic representations and are not to be construed or used as a legal description.This map is for display purposes only. Aerial Imagery 2009 Commonwealth of Virginia. Parcels shown reflect plats and deeds recorded through December 31, 2011. 0 1,000 2,000500Feet SP 2012 - 00001Ivy Forum Roads Streams Water Body Parcels Parcel of Interest City Boundary Buildings ± 60-46C ATTACHMENT B ATTACHMENT C ALBEMARLE COUNTY PLANNING COMMISSION – APRIL 3, 2012 DRAFTMNUTES – SUBMITTED FOR APPROVAL 4-24-12 1 Albemarle County Planning Commission April 3, 2012 Public Hearing Items: SP-2012-00001 Ivy Forum PROPOSAL: Special use Permit request for Indoor Athletic Facility on 0.9370 acres. No dwellings proposed. ZONING: CO Commercial Office – offices, supporting commercial and service; residential uses by special use permit at a density of 15 units/acre. Section 23.2.2 (14) Indoor Athletic Facility. ENTRANCE CORRIDOR: Yes COMPREHENSIVE PLAN: Office Service – office uses, regional scale research, limited production and marketing activities, supporting commercial, lodging and conference facilities, and residential (6.01 -34 units/acre) in Neighborhood 7. LOCATION: 2200 Old Ivy Road TAX MAP/PARCEL: 06000-00-00-046C0 MAGISTERIAL DISTRICT: Jack Jouett (Claudette Grant) Mr. Benish presented a Power-Point presentation and summarized the staff report. The applicant requests a special use permit to allow an indoor athletic facility in a building zoned for Commercial Office use. The location map was reviewed. The property is surrounded primarily by office uses, a restaurant, several apartment complexes, and some University of Virginia buildings including the baseball diamond across the street. The property is zoned CO and currently is being used as an office building. The proposed use will take up approximately 1,700 square feet within a building that is 12,000 square feet. The use will be located on the lower floor. Favorable Factors: • The use is consistent with the Land Use Plan. • Provides an additional athletic facility option for people who live and work in the area. Unfavorable Factors: None Recommendation: Staff recommends approval of SP-2012-00001, Ivy Forum with the following condition: The indoor athletic facility use shall not exceed 2,000 square feet. The purpose for the limit on the condition is just that use would run with the building so they want to make sure the building by right could not convert to a 12,000 square foot gym, which may have different traffic impacts. Additional square footage is a little arbitrary, but it is to provide for some flexibility based on the size proposed. Mr. Morris invited questions for staff. Mr. Randolph asked if a special use permit was applicable only for the life of the permitted business or does the special use permit once it is applied to a space carry with the space in perpetuity. Mr. Benish replied that it runs with the land. Mr. Randolph asked if there was any allowance under our guidelines to do a special use permit for the life of the business only. Mr. Benish replied that they have done that for special events for the first event for that one time subject ALBEMARLE COUNTY PLANNING COMMISSION – APRIL 3, 2012 DRAFTMNUTES – SUBMITTED FOR APPROVAL 4-24-12 2 to reapproval. He would ask Mr. Kamptner to answer as a general rule. Mr. Kamptner said the Commission and ultimately the Board has occasionally imposed time limitations on special use permits. There was a brief period in the late 1980’s when the Board was imposing a limitation on the life of the special use permit and tying that to a particular owner. That practice ended shortly thereafter and staff does not recommend any kind of condition that ties it to a particular owner. Mr. Morris opened the public hearing for public comment and invited the applicant to address the Planning Commission. Since the applicant chose not to make a presentation and there were no questions for the applicant, he invited public comment. There being no public comment, the public hearing was closed and the matter before the Planning Commission. Motion: Mr. Dotson moved and Mr. Smith seconded to recommend approval of SP-2012-00001 Ivy Forum with staff’s recommended condition. 1. The indoor athletic facility use shall not exceed 2,000 square feet. The motion passed by a vote of 7:0. Mr. Morris noted that SP-2012-00001 Ivy Forum would be forwarded to the Board of Supervisors with a recommendation for approval at a time to be determined. COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 April 20, 2012 Jo Higgins 2564 Mt Torrey Road Lyndhurst, Va. 22952 RE: ZMA 2011-008 Three Notch'd Center TAX MAP/PARCEL: Tax Map 56A3 Parcel 9 Dear Ms. Higgins: The Albemarle County Planning Commission, at its meeting on April 3, 2012, by a vote 7:0, recommended approval of the above-noted petition to the Board of Supervisors. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on May 2, 2012. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296-5832. View staff report and attachments View PC minutes Return to agenda Sincerely, Megan Yaniglos Senior Planner Planning Division cc: Notch'd LLC 90 Stockton Ridge Pl Greenwood Va 22943 ZMA2011-00008, Three Notch’d Center Planning Commission Public Hearing Staff Report, April 3rd, 2012 Page 1 COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: ZMA 2011-00008, Three Notch’d Center Staff: Megan Yaniglos, Senior Planner Planning Commission Public Hearing: April 3, 2012 Board of Supervisors Public Hearing: Not yet determined Owner(s): Notch’d LLC Applicant: Jo Higgins Acreage: 2.32 acres Rezone from: not applicable TMP: 056A3000000900 Location: 5832 Three Notch’d Road By-right use: industrial, office, and limited commercial uses (no residential use) Magisterial District: White Hall Proffers: Yes Proposal: Request to amend the application plan to include an automobile laundry use on property zoned PD-SC- Planned Development Shopping Center which allows large-scale commercial uses and residential by special use permit at 15 units/acre. No residential is proposed. Requested # of Dwelling Units: None DA (Development Area): Community of Crozet and EC (Entrance Corridor) Comp. Plan Designation: Light Industrial- manufacturing, storage, distribution, with supporting office, retail, R&D, flex and commercial uses within the Crozet Master Plan. Character of Property: Currently developed with a 11/2 story frame house as a restaurant and a two- story cinder block building with service/office uses. Use of Surrounding Properties: Music Today, Starr Hill Brewing Company, self storage, and undeveloped Factors Favorable: 1. 1. The proposed amendment and use is a by-right use within the PD-SC zoning district. Factors Unfavorable: 1. None identified. RECOMMENDATION: Staff recommends approval of this zoning map amendment. ZMA2011-00008, Three Notch’d Center Planning Commission Public Hearing Staff Report, April 3rd, 2012 Page 2 STAFF PERSON: Megan Yaniglos PLANNING COMMISSION: April 3, 2012 ZMA 2011-00008, Three Notch’d Center PETITION PROJECT: ZMA201100008, Three Notch’d Center PROPOSAL: Request to amend the application plan to include an automobile laundry use on property zoned PD-SC- Planned Development Shopping Center which allows large-scale commercial uses and residential by special use permit at 15 units/acre. No residential is proposed. ENTRANCE CORRIDOR: Yes PROFFERS: Yes COMPREHENSIVE PLAN: Light Industrial- manufacturing, storage, distribution, with supporting office, retail, R&D, flex and commercial uses within the Crozet Master Plan. LOCATION: 5832 Three Notch’d Rd, Crozet, VA TAX MAP/PARCEL: 056A3000000900 MAGISTERIAL DISTRICT: White Hall CHARACTER OF THE AREA The site is approximately 2.3 acres in size and was rezoned to PD-SC in 2008. It is located in Community of Crozet along Route 240/Three Notch’d Road. There are currently two aging structures, a 1928 house that is currently occupied by a small cafe, and a two-story cinderblock building with uses such as video rental, launder mat, and some offices above. Adjoining the site to the west is the Crozet Self Storage recently constructed and Music Today and Starr Hill occupy the former Con-Agra complex across Route 240. Most surrounding properties are zoned industrial, with the exception of the Rural Area zoned undeveloped property to the east. (Attachment A-Location Map, Attachment B-Zoning Map) SPECIFICS OF THE PROPOSAL The applicant is requesting a modification to the approved application plan (Attachment D) to add a car wash onto the site. Auto laundries are a by-right use in the PD-SC zoning. The applicant is proposing to reduce the square footage in the other buildings in order to meet the parking requirements for the spaces that were eliminated with the addition of the car wash. APPLICANT’S JUSTIFICATION FOR THE REQUEST As further described in Attachment C, the applicant states that due to the state of the economy, it is not feasible to build office/retail space at this time. The owner of the property would like to make a moderate investment and provide an auto laundry service to the Crozet community. PLANNING AND ZONING HISTORY ZMA2007-006- Approved rezoning of the property from Light Industrial to Planned Development Shopping Center. This application included proffers. See Attachment K for BOS action letter. SDP2008-179- Approved final site plan. COMPREHENSIVE PLAN Crozet Master Plan: The current Master Plan adopted in 2010 designates this parcel as Light Industrial. This designation represents uses that involve manufacturing, predominantly from previously prepared materials, of products or parts. It may include processing, fabrication assembly, treatment, packaging, incidental storage, sales, and distribution of these products. ZMA2011-00008, Three Notch’d Center Planning Commission Public Hearing Staff Report, April 3rd, 2012 Page 3 Primary uses are light manufacturing, storage, and distribution. Secondary uses include related office and retail activities (particularly wholesale), research and development (R&D), flex, other commercial uses that are associated with the primary uses in the area, larger auto commercial service uses, open space, and institutional uses. The property was rezoned in 2007 from Light Industrial to PD-SC and was done so with compliance to the 2004 Master Plan that was in place at that time. Since this is an amendment to the application plan, and not a new zoning action to establish the PD-SC districts, staff has found that this proposal is permissible and meets the requirements and uses within the PD-SC zoning district. Crozet Parks & Green Systems Map: The Crozet Parks & Green Systems Map shows no amenities, such as trails, or environmental features on this parcel. The Neighborhood Model: The proposal is just a zoning map amendment for a portion of the property that is located near the back. The use proposed is a by right use in the PD-SC zoning. No changes to the site are occurring that will impact the Neighborhood Model principles differently than what was reviewed during the 2007 rezoning. Economic Vitality Action Plan The primary goal of the County’s Economic Vitality Action Plan is to: Increase the County’s economic vitality and future revenues through economic development by expanding the commercial tax base and supporting the creation of quality jobs for local residents. This Plan is developed for the benefit and economic well being, first, of current local residents and existing local businesses. The proposed change to the application plan to add an auto laundry would support the Plan by providing an additional use which will expand the commercial tax base. STAFF COMMENT Relationship between the application and the purpose and intent of the requested zoning district: The purpose and intent of PD-SC districts is to serve areas not conveniently and adequately provided with a broad range of commercial and service facilities. As stated above, this use is a by-right use within the PD-SC zoning district. The proposal is to amend the application plan for a prior approved rezoning. Public need and justification for the change: The addition of the auto laundry will add a service to the local residents of the Western Albemarle/Crozet community. Impact on Environmental, Cultural, and Historic Resources: There are no environmental, cultural, or historic resources on this property. Anticipated impact on public facilities and services: Streets: The applicant provided a traffic analysis to VDOT for the impact that the addition of the auto laundry provides. ZMA2011-00008, Three Notch’d Center Planning Commission Public Hearing Staff Report, April 3rd, 2012 Page 4 VDOT staff recommends that the frontage improvements shown in the study, including a left turn lane, should be included with the site plan amendment. The County Engineer also made a recommendation that a travelway connection be established to the Albemarle Storage LLC site. This recommendation was also given during the 2007 rezoning review, and the applicant declined to address this comment because of security reasons on the Albemarle Storage site. Staff did not make the connection a requirement and the Planning Commission and Board of Supervisors ultimately approved the rezoning without this connection. See Attachment E for VDOT comments, and Attachment F for County Engineer’s comments concerning the streets and traffic. See Attachment H for the Planning Commission meeting minutes from September 2007 and Attachment J from the Board of Supervisors meeting. Schools: There are no residential units in this proposed rezoning, so schools will not be affected. Fire and Rescue: The Crozet Volunteer Fire Station and the Western Albemarle Rescue Station provide fire and rescue services to the area. The planned Ivy Area Station will also augment services provided by the two existing fire and rescue stations in Crozet. Utilities: Albemarle County Service Authority states that water and sewer service is available to the site. They also state that the design for the auto laundry be submitted as to ensure waste water infrastructure is properly protected from storm water. See Attachment G for ACSA comments. Stormwater Management: The County Engineer is again recommending that additional water quality measures be proffered beyond what might normally be required through the Water Protection Ordinance. The County Engineer has also noted that that the storm water basin on the Albemarle Storage site may require modifications to serve this site as proposed. See Attachment F for County Engineer comments. During the approval of the rezoning, storm water management was discussed, and Staff recommended that additional storm water measures be required. However, the Planning Commission and ultimately the Board of Supervisors approved the rezoning without additional measures. See Attachment H for the Planning Commission meeting minutes from September 2007 and Attachment J from the Board of Supervisors meeting. Anticipated impact on nearby and surrounding properties: Adjacent properties are industrial in character and intended to continue as employment uses. No detrimental impacts are anticipated to surrounding properties. PROFFERS The proffer statement has been updated to reference the revised plan and date. See Attachment I. SUMMARY Staff has identified the following factors, which are favorable to this rezoning request: 1. The proposed amendment and use is a by-right use within the PD-SC zoning district. Staff has identified no unfavorable factors to this rezoning request. RECOMMENDATION ZMA2011-00008, Three Notch’d Center Planning Commission Public Hearing Staff Report, April 3rd, 2012 Page 5 Based on the Board of Supervisors prior approval and the nature of this request, staff recommends approval of this zoning map amendment modifying the application plan and proffers. PLANNING COMMISSION MOTION: A. Should a Planning Commissioner choose to recommend approval of this zoning map amendment: Move to recommend approval of ZMA 2011-00008, Three Notch’d Center as recommended by staff. B. Should a Planning Commissioner choose to recommend denial of this zoning map amendment: Move to recommend denial of ZMA 2011-00008, Three Notch’d Center. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. ATTACHMENTS: ATTACHMENT A: Location Map ATTACHMENT B: Zoning Map ATTACHMENT C: Project Narrative ATTACHMENT D: Application Plan ATTACHMENT E: VDOT Comments ATTACHMENT F: County Engineer Comments ATTACHMENT G: ACSA Comments ATTACHMENT H: September 18, 2007 PC Minutes ATTACHMENT I: Updated Proffer Statement ATTACHMENT J: December 12, 2007 BOS Minutes ATTACHMENT K: BOS Action Letter Return to PC actions Points of Interest AIRPORT COLLEGE/UNIVERSITY COMMUNITY FIRE/RESCUE STATION GOVERNMENT HOSPITAL LIBRARY POLICE STATION POST OFFICE RECREATION/TOURISM SCHOOL Parcel Info Parcels ZMA2011-008 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources March 23, 2012 GIS-Web Geographic Data Services www.albemarle.org (434) 296-5832 Legend (Note: Some items on map may not appear in legend) 100 ft ATTACHMENT A Points of Interest AIRPORT COLLEGE/UNIVERSITY COMMUNITY FIRE/RESCUE STATION GOVERNMENT HOSPITAL LIBRARY POLICE STATION POST OFFICE RECREATION/TOURISM SCHOOL Parcel Info Parcels Comp Plan Land Use Info Crozet Master Plan Land Greenspace * Neighborhood Density (Lo Neighborhood Density Urban Density Mixed-Use Downtown Institutional Light Industrial See Crozet Masterplan Te ZMA2011-008 Zoning Map Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources March 23, 2012 GIS-Web Geographic Data Services www.albemarle.org (434) 296-5832 Legend (Note: Some items on map may not appear in legend) 100 ft ATTACHMENT B December 12, 2007 (Adjourned and Regular Meeting) (Page 26) said that they are hesitant to move the buildings because they are trying to stay far away from those trees. They are willing to continue to make efforts to get Heritage Hall put something in writing for the staff. Mr. Cilimberg commented that there may not be a formal easement needed, but an agreement from Berkmar Crossing would be, based on staff concerns. Ms. Thomas emphasized that the question is whether or not this item should be referred back to the Planning Commission. Mr. Boyd said he is not sure it should be referred back to them if they are routine items that could be resolved without that. Mr. Rooker responded that if the plan has not changed in any substance, then it would be appropriate for it to skip further Commission review. Mr. Wyant asked why a buffer would be needed between Heritage Hall and this property. Mr. Cilimberg pointed out that the concern about the buffer was not staff’s; it was a Commission issue. Mr. George Ray addressed the Board, stating that there was one Commission member who expressed concern about the buffer, not the entire panel. He said that Heritage Hall was supportive of the project and they are willing to sit down and talk about it. Mr. Ray said he feels they would be able to work something out, and if necessary they could move the townhouses forward a couple of feet to create a wider planting strip on the west side of the driveways. Mr. Slutzky said he is not sure three or four feet will make that much of a positive impact on the impact. He would rather leave it with the current lines and if there is a need for a buffer do it with Heritage Hall. Mr. Slutzky then moved to defer ZMA-2007-004 to the next appropriate meeting for the Board to consider. Mr. Wyant seconded the motion. Mr. Davis said that the request will probably need to be re-advertised, probably to the night meeting in January at the soonest. Mr. Cilimberg cautioned that they may run into the same time issue again. Mr. Tucker said that the 16th would work if the 9th does not work. Mr. Davis reminded the Board of its policy of having final plans and proffers submitted at least 23 days in advance of the hearing so that the public hearing could be advertised. Mr. Cilimberg said the proffers do not include anything that addresses erosion and sediment control. He asked if that is an expectation for this application. Mr. Slutzky said, to be consistent with other applications, he would like to see that addressed. Mr. Davis said another issue is that the applicant, in doing their proportional affordable housing, one of their examples used a fraction of a unit of affordable housing that they are not building, and they rounded the number down, which amounted to about $900 per unit. He is assuming the Board wants full credit for any fraction of an affordable house that is not built. Mr. Slutzky responded, “yes”, which was addressed in the Affordable Housing Policy. Board members concurred. Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Wyant, Mr. Boyd, Mr. Dorrier, Mr. Rooker, Mr. Slutzky and Ms. Thomas. NAYS: None. _______________ Agenda Item No. 15. Public Hearing: ZMA-2007-006. Three Notch'd Center. PROPOSAL: Rezone 2.3 from LI Light Industrial, which allows industrial, office, and limited commercial uses (no residential use) to PD-SC Planned Development Shopping Center, which allows for shopping centers, retail sales and service uses; and residential by special use permit (15 units/ acre). The proposal is to redevelop the site with two office/commercial buildings with a total of 40,500 square feet. PROFFERS: Yes. EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: CT5 Neighborhood Center in the Crozet Master Plan which allows for a mix of uses and residential types at net densities of up to 12 units per acre; up to 18 units per acre if in a mixed use setting. ENTRANCE CORRIDOR: Yes. LOCATION: 5368, 5374, and 5382 Three Notch'd Road, located on the northside of Three Notch'd Road approx 500 feet west of its intersection with Parkview Drive. TAX MAP/PARCEL: Tax Map 56A3, Parcels 9 and 11. ATTACHMENT J December 12, 2007 (Adjourned and Regular Meeting) (Page 27) MAGISTERIAL DISTRICT: White Hall. (Notice of this public hearing was published in the Daily Progress on November 26 and December 3, 2007.) Mr. Cilimberg reported that this request would rezone existing development from LI to PDSC in Crozet and would permit the redevelopment for two new buildings totaling over 40,000 square feet. He said that there would be certain by-right commercial uses that proffer out as part of this proposal. The area is across the street from the old Con-Agra facility; there would be one two-story and one three-story building. Most of the parking would be relegated. Mr. Cilimberg reported that there would be certain uses permitted that would by by-right in C1, CO and HC as encompassed in the PDSC. There would also be certain special use permit allowances and certain uses accepted by the proffers. The Planning Commission recommended approval conditioned upon certain areas of the plan, and issues concerning the proffers addressed. Mr. Cilimberg said that the signed proffers were received in accordance with the Board policy. He indicated that there was a minor technical correction to the proffers which the applicant made. The change in substance is no different than what was previously provided to the Board. It does include the various sections of the Zoning Ordinance that are referenced in the proffer for future uses that would either be included or not included. The recommendation is for Board approval inclusive of the application plan and proffers dated December 11, 2007, signed December 12, 2007. The Chairman opened the public hearing and asked the applicant to come forward. The applicant’s representative, Ms. Jo Higgins, addressed the Board, noting that the only thing changed on the proffer form was the statement that the proffers are voluntary. Ms. Higgins explained that the Planning Commission voted unanimously to support this plan, and their concerns have all been addressed. She explained that this location is currently a retail office to serve Con-Agra’s employment center and Crozet population. Ms. Higgins said that the positive aspects of the plan include closing of five entrances and a shared entrance on the east side, stormwater management facility sharing with the self- storage company, a reduction in parking, sidewalks, a streetscape, and a complete lane across the front. She reported that the ARB has weighed in positively on this plan. She asked for the Board’s favorable consideration. Mr. Rooker expressed confusion about what uses can be on the property, and what cannot. Ms. Higgins replied that the paragraph was composed by the County Attorney’s office to stipulate special uses. Mr. Cilimberg explained said that the language says “shall include only those commercial and service establishments allowed in the Code sections listed except the following:” The listed using following that language are not allowed. Mr. Davis noted that the intent of the language is to make it clear to allow the permitted uses that were not part of the “excepted below list” plus all the special uses would continue to be allowed by special use permit. He thinks the language may be redundant but the intent is to clarify uses not permitted and it can be fairly interpreted. Ms. Thomas asked if stormwater detention is included. Ms. Higgins explained that this will be an improvement as the facility will be shared and the site is flat. There is no one down site of this property. They did not include anything in the proffers to upgrade or exceed the requirements because if there is any failure, it would affect the property owner which they have already entered into agreement. There being no other public comment, the public hearing was closed. Mr. Wyant moved to approve ZMA-2007-006 inclusive of the application plan dated August 15, 2007 and the proffers dated December 11 and signed December 12, 2007. Mr. Rooker seconded the motion. Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Wyant, Mr. Boyd, Mr. Dorrier, Mr. Rooker, Mr. Slutzky and Ms. Thomas. NAYS: None. (The proffers are set out in full below:) Original Proffer ___X___ Amended Proffer ______ (Amendment #______) PROFFER FORM Date: 12 /11/2007 ZMA # 2007 – 006 Tax Map Parcel(s) # 56 A(3) – 9, 11 2.32 Acres to be rezoned from LI to PD-SC in accordance with the Application Plan prepared by NP Engineering dated 1/2/07 revised 8/15/07 ATTACHMENT J December 12, 2007 (Adjourned and Regular Meeting) (Page 28) Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned with the offered plans approved for development. These conditions are proffered as a part of the requested rezoning and the Owner acknowledges that the conditions are reasonable. The development of the Property shall be limited to those uses allowed by right under Section 18-25.2.1 and those uses allowed by special use permit under Section 18-25.2.2 of the Albemarle County Code, excepting those by right uses delineated in Sections 18-22.2.1, 18-23.2.1 and 18-24.2.1 listed below, as all of those sections are in effect on December 12, 2007, copies of which are attached hereto. The following by right commercial and service establishments shall not be permitted on the Property: (1) The Permitted uses of the property, and/or uses authorized by special use permit, shall be only those uses allowed by Albemarle County Code Section 18-25.2 in effect on 12/12/2007. The by right uses permitted under Albemarle County Code Section 18-25.2.1.1, the C-1, CO, and HC uses cross-referenced therein shall include only those commercial and service establishments allowed in Albemarle County Code Sections 18-22, 18-23, and 18-24 in effect on 12/12/2007 except the following: A. Cemeteries: 18-22.2.1.b3, 18-23.2.1.4, 18-24.2.1.5 B. Fire & rescue squad stations: 18.22.2.1.b6, 18-24.2.1.13 C. Indoor theaters: 18-22.2.1.b9, 18-24.2.1.38 D. Libraries, museums: 18-22.2.1.b12, 18-23.2.1.5 E. Automobile service stations 18-22.2.1.b16, 18-24.2.1.5 F. Automobile, truck repair shop, excluding body shop: 18-22.2.1.b22, 18-24.2.12 G. Hotels, motels and inns: 18-24.2.1.20 H. Mobile home and trailer sales: 18-24.2.1.23 I. Modular bldg sales: 18-24.2.1.24 J. Motor vehicle sales, service and rental: 18-24.2.1.25 K. Building material sales: 18-24.2.1.4 L. Light warehousing: 18-24.2.1.21 M. Machinery and equipment sales, service, and rental:18-24.2.1.22 N. New automotive parts sales: 18-24.2.1.26 O. Sale of major recreational equipment and vehicles: 18-24.2.1.32 P. Wholesale distribution: 18-24.2.1.34 Q. Heating oil sales and distribution: 18-24.2.1.39 R. Indoor athletic facilities: 18-22.2.1.b24, 18-24.2.1.42 Copies of Albemarle County Code Sections 18-22.2.1, 18-23.2.1, 18-24.2.1, and 18-25.2 on 12/12/2007 are attached as Exhibit A. (Signed) Jeffrey S. Sprouse Jeffrey S. Sprouse_(TMP 56A3-11) Signatures of All Owners Printed Names of All Owners Date (Signed) Jeffrey Sprouse Jeffrey Sprouse (TMP 56A3-9) 12/12/07 ______________ Agenda Item No. 17. Public Hearing: ZMA-2007-014. Liberty Hall Amendment (Signs #36&39). PROPOSAL: Rezone 8.01 acres from NMD Neighborhood Model District - residential (3 - 34 units/acre) mixed with commercial, service and industrial uses) to NMD Neighborhood Model District - residential (3 - 34 units/acre) mixed with commercial, service and industrial uses to amend the proffers to allow for for-lease affordable housing for approved units. No additional dwelling units are proposed. PROFFERS: Yes. EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Crozet Master Plan designates the property CT3 Urban Edge: single family residential (net 3.5-6.5 units/acre) supporting uses such as religious institutions and schools and other small-scale non-residential uses, and CT4 Urban General: residential (net 4.5 units/acre single family, net 12 units/acre townhouses/apartments, net 18 units/acre mixed use) with supporting uses such as religious institutions and schools and mixed uses including retail/office. ENTRANCE CORRIDOR: Yes. LOCATION: Tax Map 56, Parcels 97A, 97A1, and 97 (only a .833 acre southwest portion of the property as shown on the General Development Plan) along Radford Lane near its intersection with Rockfish Gap Turnpike (Rt. 250 W). MAGISTERIAL DISTRICT: White Hall. (Notice of this public hearing was published in the Daily Progress on November 26 and December 3, 2007.) Mr. Cilimberg reported that this is an amendment to broaden the application of affordable housing opportunities in the project, rather than having it tied to specific units of a certain type. This would allow both for-lease and for-sale affordable units and could include single-family attached as well as condominiums, apartment, and flat type units. He said that Liberty Hall is located behind and adjacent to Clover Lawn. The plan approved specifies affordable units and under the amendment the units could be single or multi-family attached; they could be for sale or for lease, and the standard language for cash in lieu of units is included in the proffers. He said that the Commission has recommended approval subject ATTACHMENT J COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 January 28, 2008 Jo Higgins 104 Ana Marie Blvd Waynesboro, VA 22980 RE: ZMA-2007-00006, Three Notch’d Center (Sign #76) Tax Map 56A3, Parcels 9 and 11 Dear Ms. Higgins: The Board of Supervisors approved your rezoning application on December 12, 2007. Your rezoning from LI Light Industrial to PD-SC Planned Development Shopping Center was approved in accordance the attached proffers dated December 11, 2007 and signed on December 12, 2007. An application plan/plan of development dated August 15, 2007 was approved as part of the rezoning. Please refer to these documents for any future applications and requests on this property. 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 conditions of a SPECIAL USE PERMIT if any;  approval of and compliance with a SITE PLAN; and  approval of a ZONING COMPLIANCE CLEARANCE. If you have questions or comments regarding the above-noted action, please do not hesitate to contact Sherri Proctor at 296-5832. Sincerely, V. Wayne Cilimberg Director of Planning ATTACHMENT K Cc: Sprouse, Jeffrey 5995 Rockfish Gap Turnpike, Crozet VA 22932 Tex Weaver Chuck Proctor (VDOT) Steve Allshouse Sherri Proctor Sarah Baldwin Bruce Woodzell (Real Estate) File ATTACHMENT K ATTACHMENT K ATTACHMENT K ATTACHMENT K ALBEMARLE COUNTY PLANNING COMMISSION – APRIL 3, 2012 DRAFTMNUTES – SUBMITTED FOR APPROVAL 4-24-12 1 Albemarle County Planning Commission April 3, 2012 Public Hearing Items: ZMA-2011-00008 Three Notch’d Center PROPOSAL: Request to amend the application plan to include an automobile laundry use on property zoned PD-SC- Planned Development Shopping Center which allows large-scale commercial uses and residential by special use permit at 15 units/acre. No residential is proposed. PROFFERS: Yes EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Light Industrial- manufacturing, storage, distribution, with supporting office, retail, R&D, flex and commercial uses within the Crozet Master Plan. ENTRANCE CORRIDOR: Yes LOCATION: 5368, 5374, and 5382 Three Notch'd Road, located on the north side of Three Notch'd Road approx 500 feet west of its intersection with Parkview Drive. TAX MAP/PARCEL: Tax Map 56A3 Parcel 9 MAGISTERIAL DISTRICT: White Hall (Megan Yaniglos) Ms. Yaniglos presented a Power-Point presentation and summarized the staff report. - This is a proposal to amend the approved rezoning application plan t o include an automobile laundry use on property zoned Planned Development Shopping Center in Crozet. Proposal:  The applicant is requesting a modification to the approved application plan to add a car wash or auto laundry on the site.  Auto laundries are a by-right use in the PD-SC zoning.  The applicant is proposing to reduce the square footage in the other buildings in order to meet the parking requirements for the spaces that were eliminated with the addition of the car wash.  The applicant states that due to the state of the economy it is not feasible for the owner to build office/retail space at this time.  The auto laundry will be located in the northwest corner of the property, and will reduce the number of parking spaces on site. Favorable Factor: 1. The proposed amendment and use is a by-right use within the PD-SC zoning district Unfavorable Factors: None Identified Recommendation: Based on the Board of Supervisors prior approval and the nature of this request, staff recommends approval of ZMA2011-008 Three Notch’d Center - to amend the application plan and proffers. Mr. Morris invited questions for staff. Mr. Dotson noted the staff report says this is a by right use within PD-SC yet they are considering it. He asked staff to explain that again. Ms. Yaniglos replied that the application plan runs with the rezoning plan. The change is in the actual plan. So they added a building in the site development area on the plan. The plan differs from what was approved. Mr. Morris opened the public hearing for public comment and invited the applicant to address the Planning Commission. ALBEMARLE COUNTY PLANNING COMMISSION – APRIL 3, 2012 DRAFTMNUTES – SUBMITTED FOR APPROVAL 4-24-12 2 Jo Higgins, representative for the applicant, made the following comments.  They were troubled with having to go through this process to add a by-right use. It again to they had always intended to have an automobile laundry if the prediction of the economy occurred this way. They were not aware until the pre-app that they would actually have to go through rezoning. They thought they could amend the site plan. However, they do have a fully approved site plan that is in place. Also, the staff report has been sent to the adjacent property owner. Ms. Yaniglos forwarded the email from the property owner to the east side that is in support of the request. The property owner on the other side, which she is a member of, has actually cooperated and there is shared storm water detention facility. There are shared easements between both properties. Everybody is supportive of each other’s success for the industry in Crozet.  They have been before the Architectural Review Board with this as a work session. The ARB actually approved the request with conditions about lighting and adjusting landscaping and such things. Basically the building as proposed was approved. The m aterials were already on record with the approval of the front buildings. The rendering from the architect on the front buildings that they submitted earlier in 2007 was shown to the ARB. The car wash would go in as a phase one. Therefore, it could be in there for a period of time where it is not totally blocked from the Entrance Corridor. So they wanted to make it a really attractive building so it is basically asphalt metal roof with brick and block. If there are not issues she would wait until they disc uss.  They submitted a traffic analysis. There is full frontage improvements proposed on this. They have met with VDOT about their concerns with the entrances. They already have approved entrances. It might require some modification. The total contro l will be played out through the minor site plan amendment that they will have to do and that will be addressed on all the details and how the parking, the internal circulation, and that sort of thing. It was done to a great amount of detail because they wanted to get through the rezoning action and the details after they met with the ARB. The ARB wants them to put the equipment, like the vacuum cleaners, and things like that behind the building. So they wanted that input before they did the more detailed plan, which will be done as a site plan. They ask for the Commission’s favorable approval and a date for the Board as soon as possible. Mr. Morris invited questions for the applicant. Mr. Loach asked if this was in the 25 mile an hour zone, and Ms. Higgins replied yes it is. Mr. Loach asked difference between a car wash and car laundry. Ms. Higgins replied that in the zoning ordinance it is called an automobile laundry. It is proposed with two automatic bays and two self serve bays. In real life it is called a car wash. Mr. Randolph asked where currently in Crozet are vehicles commercially laundered. Ms. Higgins replied there is one two-stall car wash that been there for a very long time if they pass the site and head into the heart of Crozet it is on the right hand side before Great Value. It is just a metal structure with very low water pressure. This is proposed to be state of the art. It will meet the Albemarle County Service Authority water reuse regulations. They use 20 percent. However during a watch it can go to 80 percent and actually the only thing they would use fresh water for is the final rinse. There are processes in the mechanical room, which is between the bays. At any point where it goes into drought conditions the Service Authority has total control to tell them when they can operate and when they have to go on water reuse. The newer ones have converted. However, older car washes have to shut down when they go into a drought watch. Mr. Randolph noted attachment F, #3 indicates that the storm water basin on the Albemarle Storage site may require modifications to serve this site as proposed. What kinds of modifications are proposed and who would pay for those. Ms. Higgins replied this site when approved in 2007 the property owner, which is the Charlottesville Self Storage at Crozet, and the owner of Three Notch’d Center LLC entered into a share agreement to use the ALBEMARLE COUNTY PLANNING COMMISSION – APRIL 3, 2012 DRAFTMNUTES – SUBMITTED FOR APPROVAL 4-24-12 3 basin on the mini storage site. The modification has already been designed. They are not going to modify the impervious area although there will be an interim if they do the car wash and then later on do the full impervious area. There might be a two step that has to be built into it. But ultimately they are about at the same impervious area. That modification would have to be done by this property owner because it was already built as part of the mini storage. Using shared detention is always beneficial because they have one pond and they actually have a maintenance agreement. They are also required to do a maintenance agreement that is required by county engineering to sign and record that runs with the land and has to be part of the responsibilities of each property owner. They actually have a separate agreement that tells them which percentage they share. It is actually shared between three properties – this property, the mini storage and 25 percent goes to the property owner on the other side, which is the same owner as Con Agra. They actually share in that if they should ever use it if that property de velops. It is all kind of built into the process with the agreements that are recorded documents that run with the land. Mr. Randolph said in #4 it is recommended that additional water quality measures be proffered. He asked what that included. Ms. Higgins replied she believed the county engineer generally makes that statement with most rezonings. This particular water quality and storm water management plan is already an approved plan and they did not expect a minor site plan amendment because they were not changing their impervious area. If county engineering has a perception or a will to change or increase water quality requirements, then she thinks the regulations need to be changed. She was frustrated to actually receive that comment and some of the others because they did not seem cognitive of what already has been designed and approved. This site has filterras, which are water quality filter devices at the collection points around the parking lot with removal rates that will meet the county requirements. Mr. Brooks never spoke with her, but generally makes that as a blanket comment. They did not proffer anything because they did not intend a whole redesign since they are doing a by-right use on an existing area. They will meet the requirements and did not intend to exceed them. Mr. Randolph asked for reassurance on the left turn requirements on Route 240 after this facility is constructed. Ms. Higgins replied that a traffic analysis was done specifically to change with a reduction in t he square footage on the buildings because they cannot build the ultimate buildings and take away the parking spaces. Ultimately, the west building will probably not have a third floor. It won’t change the architecture. Across the full frontage they are adding an additional lane. It was initially approved to add that lane for a right turn. When looking at this VDOT had mixed feelings maybe a partial left and a right. If that were to be imposed the western entrance would become a right in right out only. Then the lane would be split and part of it would become left and then from a point over a right in. In other words it would be at the mid-point. That is usually always covered under the site plan amendment. VDOT has ultimate control because they are involved in the review and approval of the site plan amendment. What they did get VDOT to confirm in their comments is that they felt like it would work. In other words, they have enough information physically and then design to know that it is just a matter of do they want it to be one-half the distance or one-third and they know that the improvements are available. There are five entrances currently and very likely when car wash is done they are going to require us to physically block four of them and use the center one. If they do that, then they will have to put a taper in that will allow people to as they are turning leave the right-of-way a little quicker. It looks like a taper. They have to meet that at site plan approval. They just confirm at this point that it is physically possible to meet that. Mr. Morris invited further questions. Ms. Monteith said following on the same line of question that item 6, attachment F says the response to that is this comment remains. She thinks the concern is not just that there would be a more legible plan provided, but there is a concern about the circulation patterns as they have been designed. She asked how that will be addressed. Ms. Higgins replied at site plan the DWG file will be modified. The concept plan currently is done with ALBEMARLE COUNTY PLANNING COMMISSION – APRIL 3, 2012 DRAFTMNUTES – SUBMITTED FOR APPROVAL 4-24-12 4 arrows to show how the theory of the building fits and which parking spaces would be eliminated with the addition of the car wash. The level of detail, which is fairly typical of application plans, was not of the scale and type that it was as easy to measure each parking space. They actually know after having met with the ARB that there are probably two more parking spaces that will be removed in order to put in some plantings, as an example. They did not go to that level of detail because this is a concept plan that goes with the application. Actually if they look back to the concept plan that was approved in the rezoning in 2007 it is not exactly like the site plan. There is actually parking on this side that was not built into the site plan. She pointed out that there is some variation between the levels of detail on the application plan versus the final site plan. Ms. Monteith noted her question was how the concerns will be addressed. From her perspective the concerns are not necessarily the level of detail since she understands the difference between a concept plan and a site plan. Her question is how the concerns that are expressed will be addressed. Ms. Higgins replied the concept plan that actually went to the first application did not even have like the arrows or the angled parking that they put on the ARB plan. They did not go to the level of detail to stripe this area. They know there is adequate area there to meet it. Also, the vacuum devices that they had shown at the end are now being moved to the back. The area is adequate. They did not show the lane splits. The sizing of the plan was not enough to really scale and see that. They know they can and have to meet it in site plan. It just was not shown maybe to the level of detail that the reviewer was looking for. At the point where the building starts it is one way circulation. Do not enter signs have also been added in their concept so that no one would turn left there. The drive through has now been indicated in how people would access. That was not clear on that plan. She submitted a later plan. When those comments were first generated they did not have the arrows, the signage and that sort of thing to show the circulation. They know they have to satisfy it to get the site plan approved. Mr. Cilimberg pointed out the reality is that the reviewer will many times comment from the ideal maximum amount of information that they could get to render an opinion sometimes that amounts to a site plan level. That is not really what has to be done in a r ezoning. Rezonings are more conceptual and try to identify the major elements that need to be addressed at that time so they make sure when a site plan comes in those elements are addressed. In this case there are elements that were identifying that ideally this reviewer would have liked to have seen in the application plan that are in fact i tems they would address at the site plan level. That is what is happening. Mr. Franco said the way the comment is written what it is really saying is that the concept plan, which may show arrows and things like that, is not vested so be aware that you have to address these concerns. Mr. Cilimberg pointed out they were just talking about there were things that may have to change in terms of the site plan to make sure the circulation is working correctly at that time. Ms. Higgins said the couple of parking spaces they are talking about that there is an island that is going to have to put in there, they know they have to meet certain lane widths which will potentially modify those details, the landscaping has to be adjusted, and the light poles actually have to be adjusted thru the ARB. The ARB gave them a list of things they have to adjust on the site plan that staff can administratively handle. Mr. Franco asked staff as a follow up to the question raised with item #4 about wanting to see a proffer above and beyond the water protection ordinance. Mr. Cilimberg replied that is because this drains directly to Beaver Creek Reservoir. That is why the comment was made. It actually was made in the first rezoning and the Commission and Board decided not to require the proffer. So staff did not see this as instigating a change that they made that recommendation that a proffer be provided at this time. Ms. Higgins noted it was a carryover from the last time. Mr. Morris invited public comment. There being none, the public hearing was closed and the matter ALBEMARLE COUNTY PLANNING COMMISSION – APRIL 3, 2012 DRAFTMNUTES – SUBMITTED FOR APPROVAL 4-24-12 5 before the Planning Commission. Mr. Loach pointed out that this land was previously zoned LI. Motion: Mr. Loach moved for approval Mr. Morris invited public comment. There being no public comment, the public hearing was closed and the matter before the Planning Commission. Motion: Mr. Loach moved and Mr. Franco seconded to recommend approval of ZMA-2011-00008 Three Notch’d Center as recommended by staff. Mr. Franco noted that it was a 2.32 acre parcel. While he understands what Mr. Loach was saying about losing it from LI there is still a question since they have not seen all of the other information yet whether that is a practical size parcel or not. The motion passed by a vote of 7:0. Mr. Morris noted that ZMA-2011-00008 Three Notch’d Center will go to the Board of Supervisors on a date to be determined with a recommendation for approval. Draft: March 29, 2012 ORDINANCE NO. 12-2(1) AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ADMINISTRATION, ARTICLE II, BOARD OF SUPERVISORS, 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 2, Administration, Article II, Board of Supervisors, of the Code of the County of Albemarle, Virginia, is hereby amended and reordained by amending Section 2 -202, Compensation of Board of Supervisors, as follows: CHAPTER 2. ADMINISTRATION ARTICLE II. BOARD OF SUPERVISORS Sec. 2-202 Compensation of board of supervisors. The salary of the board of supervisors shall be fourteen thousand six hundred eighty-seven ($14,687.00) fourteen thousand eight hundred thirty-four ($14,834.00) for each board member effective July 1, 2011 2012. In addition to the regular salary, the vice -chairman shall receive a stipend of thirty-five dollars ($35.00) for each and every meeting chaired and the chairman shall receive an annual stipend of one thousand eight hundred dollars ($1,800.00). (6-13-84; 5-8-85; 5-14-86; 7-1-87; 7-6-88; 6-7-89; Ord. of 6-13-90; Ord. of 8-1-90; Ord. of 8-7-91; Ord. of 7-1-92; Ord. No. 95-2(1), 6-14-95; Ord. No. 98-2(1), 6-17-98; Code 1988, § 2-2.1; Ord. 98- A(1), 8-5-98; Ord. No. 99-2(1), 5-5-99; Ord. No. 00-2(1), 6-7-00; Ord. 01-2(2), 6-6-01; Ord. 02-2(2), 5-1-02; Ord. 03-2(1), 6-4-03; Ord. 04-2(1), 6-2-04; Ord. 05-2(1), 6-1-05, Ord. 06-2(1), 6-7-06; Ord. 07-2(1), 6-6-07; Ord. 08-2(2), 6-4-08; Ord. 11-2(1), 5-4-11; Ord. 12-2(1), 6-6-12) State law reference--Compensation of board of supervisors, Va. Code § 15.2-1414.3. This ordinance shall be effective on and after July 1, 2012. Return to agenda COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Ordinance to Amend County Code – Chapter 10, Offenses—Miscellaneous to add Section 10-120.1, Designation of Police to Enforce Trespass Violations SUBJECT/PROPOSAL/REQUEST: Public hearing to consider an ordinance to add Section 10- 120.1, Designation of Police to Enforce Trespass Violations, to Chapter 10, Offenses--Miscellaneous, of the County Code STAFF CONTACT(S): Messrs. Foley, Elliott, Davis, Brown, Sellers, and Schwertfeger LEGAL REVIEW: Yes AGENDA DATE: May 2, 2012 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: Over the past several years, there has been an increase in complaints regarding vagrancy and loitering on business properties during non-business hours. This loitering and vagrancy often involves individuals who are drunk in public and often disorderly and is especially prevalent in the urban areas of the County during warm weather. As part of their efforts to remedy this problem, the Albemarle County Commonwealth’s Attorney and the Chief of Police are requesting that the Board of Supervisors consider the adoption of an ordinance to add a new section to the County Code, to be designated as Section 10-120.1, which would allow the owner, lessee, custodian, or other person lawfully in charge of a property to designate the Albemarle County Police Department as a “person lawfully in charge” of such property for the purpose of enforcing trespass laws. Designating the Police Department as a “person lawfully in charge” of a property would allow police officers to order individuals found loitering on such property after hours to leave the property and would further allow the officers to arrest for trespass anyone who refuses the order to leave or returns to the property without permission. Authorizing the Police Department to act in this capacity is needed because many commercial property owners work outside of the area and are not available to appear in Court to testify when cases involving trespassing are heard. Many Virginia jurisdictions have enacted similar Ordinances, including the City of Charlottesville. A draft of the proposed ordinance is attached (Attachment A). This proposed o rdinance is authorized by Virginia Code Section 15.2-1717.1. DISCUSSION: The proposed ordinance allows a property owner, lessee, custodian or other person lawfully in charge of a property to designate the Albemarle County Police Department as a “person lawfully in charge” of such property for purposes of enforcing trespass laws. This designation would be in writing on forms developed by the Chief of Police and the County Attorney. The proposed ordinance permits the Chief of Police to accept or reject, in the Chief’s sole discretion, the designation of the Police Department as a “person lawfully in charge” of a property. The Chief can rescind the acceptance of such a designation at any time. Violation of the trespass ordinance is punishable as a class 1 misdemeanor. This new ordinance would allow Albemarle County police officers greater flexibility and authority in dealing with repeat offenders and ongoing problems at various locations in the County. While the owners or lessees of properties can currently issue no trespass notices against individuals and request that violations of those notices be prosecuted, the trespasses usually occur after business hours by individuals not personally known to the property owners or lessees. By allowing the owners to designate the Police Department as a person lawfully in charge, officers would be allowed to order an individual to leave a property and not return, and to arrest any such individual who violates the order. The Commonwealth’s Attorney and the Chief of Police believe that the proposed ordinance will be an effective and relatively simple additional remedy to combat the vagrancy and loitering issues facing businesses in certain areas of the County. The ordinance authorizes the Chief of Police, with the assistance of the County Attorney and the AGENDA TITLE: Ordinance to Amend County Code – Chapter 10, Offenses—Miscellaneous to add Section 10- 120.1, Designation of Police to Enforce Trespass Violations May 2, 2012 Page 2 Commonwealth’s Attorney, to set out the rules and procedures concerning the acceptance and rescission of designations in order to provide maximum flexibility to effectively use this enforcement tool permitted by Virginia law. BUDGET IMPACT: If an ordinance permitting the designation of the Police Department as a person lawfully in charge of property is adopted, the Chief of Police anticipates the initial impact will be a limited number of requests for such a designation, which will temporarily involve a small increase in administrative time for the Police Department. There may also be an increase in court time for officers to assist in trespass prosecutions. However, no additional staff or officers are anticipated to be hired to handle these matters. RECOMMENDATIONS: After the public hearing, staff recommends that the Board adopt the attached ordinance to amend County Code – Chapter 10, Offenses—Miscellaneous to add Section 10-120.1, Designation of Police to Enforce Trespass Violation (Attachment A). ATTACHMENTS A –Ordinance to add County Code Section 10-120.1 Return to agenda Attachment A ORDINANCE NO. 12-10(1) AN ORDINANCE TO AMEND CHAPTER 10, OFFENSES-MISCELLANEOUS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 10, Offenses-Miscellaneous, is hereby amended and reordained as follows: By Adding: Sec. 10.120.1 Designation of Police to Enforce Trespass Violations Chapter 10. OFFENSES-MISCELLEANOUS Sec. 10.120.1 Designation of Police to Enforce Trespass Violations An owner, lessee, custodian, or person lawfully in charge of any real property may designate the Albemarle County Police Department as a “person lawfully in charge of the property” for the purpose of forbidding another to go or remain upon the lands, buildings, or premises as specified in the designation. The decision whether to accept or rescind any such designation is solely within the discretion of the chief of police or his designee, who may base his decision on factors including, but not limited to, resource levels of the police department and the proper allocation of resources. Any such designation shall be in writing on forms promulgated by the chief of police and the county attorney and shall be kept on file with the police department. The chief of police, in consultation with the Commonwealth’s Attorney and the county attorney, shall promulgate rules, regulations, and/or procedure for the acceptance, use, and rescission of such designation. State law reference – Va. Code § 15.2-1717.1. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Community Development Work Program SUBJECT/PROPOSAL/REQUEST: Annual review of Community Development Department’s priorities STAFF CONTACT(S): Messrs. Foley, Elliott, Davis, Kamptner, Graham and Cilimberg LEGAL REVIEW: Yes AGENDA DATE: May 2, 2012 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: Each year, the Community Development Department provides the Board and public a summary of major projects, progress on initiatives, achievements as well as an overview of workload measures and a synopsis of proposed projects to be undertaken by the Department during t he course of the next 12-18 months. The purpose of this report is to review the Community Development Department’s activities for 2011 and obtain Board concurrence on priorities for the remainder of 2012. DISCUSSION: 2011 Review The 2011 Community Development work program was established following Board discussions in February and April, 2011. While there was agreement with most of the initial staff recommendations, the Board modified the work program to prioritize amending the critical slopes regulations ahead of Zoning Ordinance changes for Rural Area Churches. Since the 2011 work program was established, the Board has identified several new initiatives in 2011 and 2012 that should be included in the 2012 work program. These include updating the wireless policy and ordinance, as well as ordinances pertaining to noise, inoperative motor vehicles, transient lodging in the Rural Areas zoning district, and most recently, stream buffer regulations on intermittent streams in the Development Areas wi thin water supply protection areas. Attachment B provides a five year history of department resources and workload for Community Development’s primary functions. As illustrated by the graphs, the number of 2011 plan reviews and inspections continued to rise with the economic recovery that started in 2009. While the workload is still less than the long-term average levels for many programs, staffing levels were adjusted downward in 2007-2009 and have not increased since then. As shown in the bottom graphs for each program, starting on the second page of Attachment B, the applications per staff member are now exceeding that seen during the height of the building boom for many programs. Process improvements and internal efficiency efforts have made this possible, but the quality of reviews and staff morale requires careful monitoring if this trend continues. Meanwhile, the data demonstrates that Community Development maintains a limited capacity for additional policy-related work program initiatives. With respect to the 2011 work program as shown in Attachment A, staff notes completion of the following major projects:  Places 29 Master Plan  Phases 1 and 2 of the light industrial zoning ordinance changes  Agricultural roundtables ( for both the Economic Vitality Action Plan and Comprehensive Plan update)  Updates to Home Occupation Regulations and associated Zoning Ordinance fees  Establishment of simplified ARB administrative processes  Streamlining of the County’s farm winery regulations  Redistricting of magisterial districts pursuant to the 2010 U.S. Census  Sign ordinance changes that were adopted by the Board in March, 2012. AGENDA TITLE: Community Development Work Program May 2, 2012 Page 2 The ministerial and legislative process changes have been delayed due to workload issues; however, this has proven somewhat fortunate. The recent Sinclair Court decision limited the role of staff and the Planning Commission for waivers and modifications, requiring staff to modify the Zoning Ordinance to match the proposed process changes to the recent court decision. It is possible that Sinclair holds the potential to address some of the Board’s intended streamlining goals. A draft of the Zoning Ordinance changes is now being completed and s taff has scheduled a work session on ministerial changes with the Planning Commission for May 15th and anticipates this reaching the Board for public hearing in July. The legislative changes are following a month later. Work on the critical slopes has progressed to the point that staff is now preparing for roundtables to share the concepts and anticipates this to be before the Planning Commission in May and the Board by August. Finally, Community Development completed an internal restructuring in 2011. This was done because the department has lost 26 positions in the last 4 years and staff believed that the department could improve service delivery by flattening the department. T his restructuring was completed several months ago and appears to have been accomplished rather seamlessly, as evidenced by the fact that no customer complaints have been received regarding the structure changes. The resulting organization structure is provided in Attachment C. For the Board’s purposes, the same people continue to function as the Director, Building Official, County Engineer, Planning Director, and Zoning Administrator, and the contacts for issues remain unchanged. 2012 Work Program Community Development’s work program for policy-related matters is typically driven by two factors. First, priority is given to allocating available staff resources to address the plan reviews, which is the department’s core function. Once mandated plan review needs are met, all policy-related work program initiatives are staffed/addressed based on available slack resources and priority. Second, the amount of public participation affects resource demands and capacity to undertake projects/initiatives. Public participation is essential for quality products and public trust, but it is also time consuming and resource intensive. Staff attempts to designate the amount of public participation based on the nature of the initiative. For example, the recent ZTA for auto body shops on Highways Commercial zoned property is a successful example of an abbreviated process, requiring only three months from start to finish. On the other hand, the recent ZTA for farm sales is an example of a process requiring considerable public involvement, extensive staff time, and eight months to complete. From experience, staff has learned that attempts to shortcut the process for controversial issues is usually counterproductive, often resulting in multiple public hearings, incre ased resource demands, increased public distrust, and delays to other initiatives. Staff’s recommended 2012 Work Program is provided as Attachment D. In drafting the proposed work program, staff has prioritized initiatives based on: 1) mandates, 2) existing County policy, 3) ongoing efforts, and 4) Board direction on new initiatives. For example, the Economic Vitality Action Plan is an existing policy (#2), while a review of the Comprehensive Plan is mandated by Virginia law (#1), and changes to the wireless policy are a new initiative (#4). Staff’s prioritization reflects previous Board input and ongoing priorities that it had previously est ablished and is more fully described below: 1. Comprehensive Plan Update – recognizes the recent Board work sessions directed staff to maintain the original work plan. Staff anticipates this will be presented to the Board in the first quarter of 2013. 2. Stormwater Management – Placeholder for anticipated mandates required as a result of the Chesapeake Bay Total Maximum Daily Load (TMDL). Staff anticipates this will be presented to the Board in the second quarter of 2013. 3. Economic Vitality Action Plan – a. Industrial Uses Phase 3 – Broaden allowed uses. Staff anticipates this will be presented to the Board in the fourth quarter of 2012. b. Industrial Uses Phase 4 - Land use changes based on updated Comprehensive Plan. This is expected to be undertaken once the Board adopts its updated Comprehensive Plan. c. Ministerial Process Changes – site plans/subdivisions. Staff anticipates this will be presented to the Board in the third quarter of 2012. d. Legislative Process Changes – rezonings/special use permits. Staff anticipates this will be presented to the Board in the third quarter of 2012. 4. Critical Slopes Modifications – Completion of ongoing efforts. Staff anticipates this will be presented to the Board in the third quarter of 2012. AGENDA TITLE: Community Development Work Program May 2, 2012 Page 3 5. Wireless Policy and Ordinance Changes – The proposed contract with the consultant has been established and the notice to proceed is in the process of being issued. The final schedule is currently being finalized by the consultant. 6. Transient Lodging/B&B’s in the Rural Areas – Staff anticipates this will be presented to the Board in June 2012, 7. Inoperative Motor Vehicles – Defer to 2013. Legislative priority to provide same authority as some other counties. 8. Noise Regulations – Scheduled for a Planning Commission work session in June. The schedule for Board action is not yet established. 9. Rural Areas Churches – remove special use permit requirement for most situations. No schedule is established. 10. Zoning Ordinance Recodification - Simplify zoning ordinance. Major task recommended for 2013. Work not yet fully scoped; however, is expected to be finalized in 4th quarter of 2012. BUDGET IMPACT: The work program is intended to rely on available staff resources. No additional budget impact is anticipated. RECOMMENDATIONS: Staff recommends that the Board review the proposed 2012 Work Program (Attachment D) and concur with its program phasing and prioritization. ATTACHMENTS A – 2011 Work Program, mid-year update B- Workload Data C- Community Development Organization Chart D - Proposed 2012 Work Program Return to agenda COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Community Development Work Program – midyear update SUBJECT/PROPOSAL/REQUEST: Update on the current status of items in Community Development’s Work Program STAFF CONTACT(S): Messrs. Foley, Elliot, Davis, Graham, Cilimberg, Fritz, and Ms. McCulley. LEGAL REVIEW: Yes AGENDA DATE: September 7, 2011 ACTION: INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: X ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: This report provides the Board an update on Community Development’s progress on its 2011 work program. This work program was presented to the Board in February, 2011, and includes changes to reflect the Board’s direction to prioritize additional work items, such as Critical Slopes and Rural Area Churches. Additionally, the Board directed staff to consider the Interstate Interchange Policy review with the Comprehensive Plan Update so that the targeted industry study may first be completed. DISCUSSION: Attachment 1 is the work program as presented to the Board in February, 2011. Attachment 2 presents the work program status as of August, 2011. Staff notes the following highlights: 1. Work completed since February, 2011 includes Places 29 Master Plan, Redistricting, Zoning Fees, Phase 2 of W inery changes, and Phases 1 and 2 of Light Industrial zoning changes. 2. As a result of work on the LI zoning changes, staff is investigating the need for a third phase beyond what was previously anticipated. This third phase would consider the broadening of uses allowed in the Light Industrial zoning category. 3. Staff estimates the Comprehensive Plan update has been delayed approximately 2 months due to the need to obtain Board concurrence with the Consortium Agreement and the inability to move forward until that agreement was approved. 4. The ministerial and legislative changes remain on schedule, with the ministerial changes anticipated to reach the Board in the fourth quarter of 2011 and the legislative changes anticipated to reach the Board in the first quarter of 2012. 5. Work on the Critical Slopes amendment is anticipated to restart as the ministerial changes are finalized. Work on the Rural Areas churches has been delayed until 2012 pursuant to the Board’s direction at the April 2011 work session. 6. Finally, work on possible amendments to the sign ordinance have been delayed approximately six months, but are now proceeding to public hearing, and it is anticipated to be presented to the Board in the fourth quarter of 2011. BUDGET IMPACT: Staff anticipates there will be no budget impact resulting from this executive summary. RECOMMENDATIONS: This report is for information only and no action is required. ATTACHMENTS Attachment A – 2011 Work Program Attachment B – 2011 Work Program, mid year status 2012 Community Development Work Program Attachment B 0 10 20 30 40 50 60 70 80 90 January-07 January-08 January-09 January-10 January-11 January-12 Staffing - Full Time Equivalents (FTEs) 1/3 Reduction since 2006 2.0 2.5 3.0 3.5 4.0 4.5 5.0 5.5 6.0 6.5 7.0 FY 07/08 FY 08/09 FY 09/10 FY 10/11 FY 11/12 Expenditures / $ Million Fiscal Year Community Development Budgeted Expenditures Budgeted Expenditures 2012 Community Development Work Program Attachment B 0 500 1000 1500 2000 2500 3000 2007 2008 2009 2010 2011 Building Permit Applications Building Permit Applications 0.0 100.0 200.0 300.0 400.0 500.0 600.0 700.0 800.0 900.0 2007 2008 2009 2010 2011 Building Permit Applications per FTE Applications / Building Inspector Applications / Zoning Inspector Applications / Intake Specialist 2012 Community Development Work Program Attachment B 0 20 40 60 80 100 120 140 160 180 200 2007 2008 2009 2010 2011 ARB Applications ARB Applications 0.0 10.0 20.0 30.0 40.0 50.0 60.0 70.0 2006 2007 2008 2009 2010 2011 ARB Applications per Planner ARB Applications per FTE 2012 Community Development Work Program Attachment B 0 100 200 300 400 500 600 2007 2008 2009 2010 2011 Total Site Plan and Subdivision Applications Subdivisions Site Plans 10.0 15.0 20.0 25.0 30.0 35.0 40.0 45.0 50.0 2007 2008 2009 2010 2011 Site Plan Applications per Planner or Engineer Site Plans/Planner Site Plans / Engineer 2012 Community Development Work Program Attachment B 0 10 20 30 40 50 60 70 80 90 100 2007 2008 2009 2010 2011 Legislative Applications Legislative Applications 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 2007 2008 2009 2010 2011 Legislative Applications per Planner Legis Applications per Planner 2012 Community Development Work Program Attachment B 0 20 40 60 80 100 120 2007 2008 2009 2010 2011 Water Protection Ordinance Applications 0.0 5.0 10.0 15.0 20.0 25.0 30.0 35.0 40.0 2007 2008 2009 2010 2011 WPO Applications per Engineer / Inspector WPO Applications / Inspector WPO Applications / Engineer 2012 Community Development Work Program Attachment B 0 50 100 150 200 250 300 350 2007 2008 2009 2010 2011 Zoning Workload Zoning Violations Home Occ Permits Zoning Clearances Sign Permits 0.0 10.0 20.0 30.0 40.0 50.0 60.0 70.0 80.0 2007 2008 2009 2010 2011 Zoning Violations / Inspector Violations / Inspector Community Development Organization Chart January 2012 – 58 FTEs Director of Community Development Mark Graham Building Inspections Jay Schlohauer Building Permit Review Residential Permit Inspections Commercial Permit Inspections Building Official Engineering Glenn Brooks Engineering Development Review Engineering Bonding and Inspections WPO Inspections Central Water & Wastewater County Engineer Planning Wayne Cilmberg Development Review David Benish Legislative ARB Ministerial Long Range Planning Information Services Tex Weaver Central Operations GDS Records Management County View Zoning Amelia McCulley Zoning Enforcement Zoning Administration Proffer Management Zoning Administrator Management Analyst Ana Kilmer Assistant to Director Bill Fritz 2012 COMMUNITY DEVELOPMENT WORK PROGRAM - Proposed March 2012 Attachment D Anticipated Board Date 2011 2012 2013 2014 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr Comprehensive Plan Master Plans Rivanna Complete Crozet Update Complete Pantops Complete Southern Urban With Comp Plan Update Wireless Policy Update TBD Comp Plan Update 1st Quarter 2013 Advisory Councils ONGOING Future Year, Not Scheduled Places 29 Update *****TBD Rivnanna Update *****TBD Pantops Update *****TBD Odrinance Amendments Sign Ordinance Updates Complete Industrail Uses Phase 1*Complete Industrail Uses Phase 2*Complete Industrail Uses Phase 3 *3rd Quarter 2012 Ministerial Process Improvements 3rd Quarter 2012 Legislative Process Improvements 3rd Quarter 2012 RA Uses - Part 1 ***3rd Quarter 2012 Wireless - Requsted Process fixes 4th quarter 2012 Critical Slopes **** 3rd Quarter 2012 RA Uses - Churches ****3rd Quarter 2013 RA Uses - Part 2 ***Follows Comp Plan Update Industrail Uses Phase 4**Follows Comp Plan Update Future Year, Not Scheduled NMD Amendments TBD Stormwater - "After the Storm"TBD Zoning Ord Recodification TBD Zoning Housekeeping, Phase II TBD Other Initiatives Redistricting Complete MPO, PACC, Etc Ongoing Eng. Process Future Year, TBD ARB _Guidelines Update Future Year, TBD Natural Heriate - Resource Plan Future Year, TBD LEGEND * Phase 1 - Expanded LI uses through Special Use Permit Staff Work * Phase 2 - Update and clarify industrial performance standards Planning Commision Work * Phase 3 - Expand industrial uses in commerical districts and industrial district Board Work ** Phase 4 - Placeholder for Targeted Industry and Comp Plan Strategies, Industrial Zoning Map Changes *** Phase 1 RA Uses - Transient Lodging/B&B's - Clarify requirements; Phase 2 RA Uses - Placeholder for Comp Plan changes **** Critical Slopes switches with RA Churches, RA Churches placeholder for 2012 following Legis Process Changes ***** Updates for Master Plans to be Considered Following Completion of Comp Plan Update Board-to-Board May, 2012 A monthly report from the Albemarle County School Board to the Albemarle County Board of Supervisors Individuals with Disabilities Education Improvement Act (IDEA) – During its April 12, 2012 meeting the School Board reviewed its annual plan and application for providing special education and related services to children with disabilities in order to follow eligibility requirements to receive the federal flow through grant. The policies must be consistent with the Virginia Special Education Regulations, IDEA 2004 and corresponding Federal Regulations. The plan was reviewed by the ACPS Special Education Advisory Committee and does not include any changes to ACPS special education policy and procedures at this time. The School Board approved the plan on April 26, 2012. Principal Search for Monticello High School – Dr. Matt Haas is leading a search committee to interview and recommend candidates to succeed Dr. Catherine Worley as Principal at Monticello High School. Dr. Worley announced she will leave her position at the end of June 2012. The search committee plans to recommend candidates to the School Board in May 2012. Congressman Robert Hurt Visits Agnor-Hurt Elementary School – School Board member Ned Gallaway and Superintendent Pam Moran welcomed Congressman Robert Hurt to Agnor-Hurt Elementary School on April 13, 2012. Congressman Hurt read to Mrs. James’ second grade class, then visited with Mr. Hunter’s fourth grade World Peace Game students. Mr. Gallaway, Superintendent Moran, and Principal Castner shared ACPS’s support for the reauthorization of the federal No Child Left Behind Act. Agnor-Hurt Students Pentagon Visit - The Washington Post reported the fourth graders’ historic visit to the Pentagon on April 19, 2012: http://www.washingtonpost.com/local/fourth-graders-meet-with-top-pentagon-leaders-to-talk-about- peace/2012/04/19/gIQAJsoaTT_story.html The students shared their experience about visiting the Pentagon with Congressman Hurt when he visited Agnor-Hurt and indicated their excitement upon receiving an invitation for a follow-up visit. High School Drama Productions on Tap – Spring provides the opportunity to enjoy ACPS students’ skills in the high school drama departments. Albemarle High School - Fiddler on the Roof May 3, 8pm; May 4, 8pm; May 5, 8pm (dinner-theatre option); May 6, 3pm Tickets available online www.ahspresents.com or by calling 1-800-594-8499 Adults $17.50 online, $20 at door; students $13.50 online, $15 at door Preview night May 3, 8pm, $10 sold only at AHS Monticello High School – The Wedding Singer May 10, 7:30pm; May 11, 8pm; May 12, 8pm; May 12, 2pm Students $5, Adults $10 in advance available at MHS and Rivanna Gear, Pantops $7/$12 at the door High School Graduation Schedule – The graduation schedule for ACPS high schools and CATEC is listed below: CATEC Completer Ceremony May 23, 2012 7pm Charlottesville High School Martin Luther King Performing Arts Center Murray High School May 31, 2012 6pm Murray High School, 1200 Forest Street, Charlottesville, VA 22903 Western Albemarle High School June 1, 2012 8pm Warrior Field at Western Albemarle (weather permitting; rain location is gymnasium) Albemarle High School June 2, 2012 John Paul Jones Arena (JPJ) 9am Monticello High School June 2, 2012 1:00pm John Paul Jones Arena (JPJ) Budget Development Review – The School Board’s April 26, 2012 work session included discussion regarding the current budget development policy and process. Stakeholder groups including the School Finance Advisory Council, the Superintendent’s Budget Advisory Committee, the Teacher Advisory Committee, the Classified Employee Advisory Committee, Parent Council and Student Council shared insight to the current process and potential issues for revision. The dialogue set the stage for Board consideration of possible change to improve the budget development process at the School Board’s June 4, 2012 retreat. Budget Impact – Following the General Assembly’s approval of the next biennial budget, ACPS is in the process of determining impact upon the Division. Superintendent Moran recommended reducing operating expenses by another $313,000 and offer a 1% salary increase for employees to maintain commonality with local government. These two actions reduce the funding gap to $1.7 million. Mandated Virginia Retirement System (VRS) increased contributions will have a significant impact, and the Division is awaiting definitive figures and information from the Virginia Department of Education regarding VRS and State Aid. www.k12albemarle.org  MEMORANDUM To: Albemarle County Board of Supervisors From: Gary B. O’Connell, Executive Director Date: April 24, 2012 Re: Albemarle County Service Authority Quarterly Briefing Cc: Mr. Tom Foley, County Executive; ACSA Board of Directors Thank you for the opportunity to continue to update the Board of Supervisors on activities going on at the Albemarle County Service Authority (ACSA). Below are some highlights of current items for the ACSA: 1. FY 2013 Budget, and Water and Sewer Rates – The budget/rates for the next year were proposed to the ACSA Board on April 19 th. Our rates are effective with the start of the next fiscal year, beginning July 1st. The past two years we have been able to operate without any rate increases. This year we are proposing rates that will increase less than 4%. The average single-family residential customer will see a 3.3% increase. As I have mentioned to the Board of Supervisors on a number of occasions, due to the significant number of Rivanna Water and Sewer Authority (RWSA) projects ($201 million), this upcoming budget year becomes the time we have to start paying the bill. Actually RWSA wholesale rates are increasing almost 12%. Through good financial planning over several years, the ACSA is able to hold down a rate increase that could have been double digit to our customers. Two-thirds of our budget is based on the wholesale water and sewer rates of the RWSA. 2. New Connection Fees – The “connection fees” are the financial way for new development to pay the ACSA for growth related water and wastewater capital costs, which relates to having the water and sewer capacity to serve new development in the future. Again, as expressed above, much of the capacity increases relate to water and wastewater facility improvements in the RWSA system. Next year we are proposing that connection fees increase by 12% to reflect the large amounts that are being spent to increase capacity for water and wastewater. 3. FY 2012-13 Capital Projects – As I have mentioned before, much of our work involves maintenance of our water distribution lines, wastewater collection system and the associated pump stations and tanks that serve those systems. We also have a number of major maintenance and capital replacement projects that we have underway in the ACSA service area. Our capital improvements program for next year totals $5.5 million. I will briefly highlight those that are underway, and several new projects proposed for the next budget year beginning in July. 4. Stormwater Management – As part of our environmental management initiatives, we have a planned project to upgrade our fleet fueling station and vehicle wash area to address stormwater runoff from our Pantops location. 5. Western Ridge-Foxchase Water Connection – As part of our efforts to create system redundancy and water loop for secondary feeds in our system this connection is planned. This helps with emergency water flow or a fire situation, and also improves water quality. The connection will be from Fairwinds Lane to Carlyle Place. 6. Scottsville Streetscape Water Line Upgrades – As part of the Town’s streetscape project, we will be performing water line replacements on the main street. 7. Key West Water Main Replacement – This project is to replace an undersized and old water system serving the Key West subdivision. Currently under design for a late 2013 construction start. 8. Two Crozet Water Line Replacement Projects: a. St. George Avenue/Buck Road Water Line Replacement – A Crozet project to replace 70 year old water lines which are in poor condition and prone to breaks. We are completing easement work for a construction start in the fall. b. Tabor Street Area – Older water lines in need of replacement are in design for the areas along High Street, Hilltop Street and St. George Avenue, east of Crozet Avenue, over 6,000 linear feet of water line replacement is planned. 9. Ashcroft Water and Pump Station Improvements – The design for this replacement project is about complete. A replacement water tank is one part of the project, improvements to existing undersized pump stations is another, and the third part is undersized water line replacement on North Pantops Drive. 10. Glenmore Tank – We continue the planning and easement acquisition for the future construction of a new water tank and pump station to provide a redundant emergency water supply for the Village of Rivanna. This project has been pushed back to a later date to help make way for funding of some more pressing water line replacement projects where we are seeing breaks in very old lines in other parts of the system. 11. Ivy Road-Flordon Water Connection – This project is to supply a redundant water supply to the West Leigh area, for fire and emergency protection and to improve water quality. This work is planned in conjunction with an upgrade to the Ednam Pump Station. 12. Hardware Street Water Main Extension – This is a new water line in Scottsville to connect the existing water lines. This will provide a secondary emergency water feed into the Town of Scottsville from t he Stony Point Water Tank, and improve water quality. The design is complete, and we will be going to bid for construction soon on this project. 13. Berwick Road Water Line Replacement – This water line replacement in the Ednam – Boar’s Head area has been installed and is in service. 14. Buckingham Circle Water Line Replacement – The existing 60 year old water lines are being replaced, they are older and undersized to serve this area. This project is out for bid for construction. 15. Oak Hill Sewer – New public sewer and service laterals to serve 55 homes in the Oak Hill subdivision have been completed. Some of the individual home connections are in the process of being completed. This is a project in conjunction with funding from a Community Development Block Grant (CDBG) through Albemarle County. 16. Biscuit Run Sewer System Rehabilitation – As part of our continuing efforts to reduce wet weather infiltration and inflow (I/I) into the sewer system, we will be conducting manhole and some line rehabilitation in this area. 17. Sewer System Rehabilitation – We continue daily through our CCTV program (televise via a robotic camera to visually inspect our sewer lines) to identify areas in our sewer system that have I/I problems, and we are particularly focusing on the parts of our system that are reaching the end of their useful life, and where mains consist of clay pipes. We anticipate spending nearly $500,000 on these rehab ilitation repairs next year. We also have a thorough sanitary sewer evaluation study (SSES) planned for the Woodbrook Drainage Basin as our next sewer drainage basin study for planned system rehabilitation. 18. North Fork Regional Sewer Line and Pump Stations – The construction of the sewer line has been completed, and we are nearing completion of Camelot Pump Station to replace the old treatment plant, and the finishing of the construction of the new North Fork Pump Station on Route 29, adjacent to the UVa Research Park. This new line and pump stations will serve the North 29 area. This $10 million project is the largest project the ACSA has undertaken. 19. Hollymead Water Line Replacements – We are continuing our street by street replacement of these small diameter water lines that are aging and in need of replacing. This work is being done by an ACSA crew. Raven’s Place is the latest line to be completed, and we will be moving in the next year to Redwing, Maiden and Derby Lane. 20. SCADA – We will soon be installing a SCADA system (computerized controls) on all our 50 facilities, so we can have on -line control and monitoring of all our pump stations, tank and pressure reducing valves. We look forward to discussing with the Board. GBO/dbh 010202BOSQuarterlyBriefingMemo042412 MEMBER TERM EXPIRES NEW TERM EXPIRES WISH TO BE RE-APPOINTED? DISTRICT IF MAGISTERIAL APPOINTMENT Agricultural & Forestal District Advisory Council Steve Murray 4/17/2012 4/17/2016 No Advertised, No applications recv'd Local Board of Building Code Appeals Raymond Gaines 11/21/2011 11/21/2016 No Advertised, No applications recv'd CA Convention and Visitors Bureau Management Naresh Naran 6/30/2012 6/30/2014 Yes CA Convention and Visitors Bureau Management Barbara Hutchinson 6/30/2013 No Recommended replacement: Jason Burch See Letter Crozet Community Advisory Council Charles Mitchell 3/31/2013 Resigned Advertised, 1 application recv'd Crozet Community Advisory Council Michael Marshall 3/31/2012 3/31/2014 Ineligible Crozet Community Advisory Council Chuck Johnston 3/31/2012 Resigned Following application received: Kim Guenther Community Policy and Management Team Vacant, Parent Rep.Three year term Vacant Advertised, No applications recv'd Following application received: Susan Bressack Fiscal Impact Advisory Committee Don Franco 12/31/2013 Planning Commission member Fire Prevention Board of Appeals Raymond Gaines 11/21/2011 11/21/2016 No Advertised, 1 application recv'd Fire Prevention Board of Appeals Christopher Dumler 11/21/2012 Resigned Fire Prevention Board of Appeals Following application received: James Barber Historic Preservation Committee Sean Dougherty 6/4/2012 6/4/2015 Waiting for response Historic Preservation Committee Christine Devine 6/4/2012 6/4/2015 Waiting for response Historic Preservation Committee K. Edward Lay 6/4/2012 6/4/2015 Yes Historic Preservation Committee Emilie Johnson 6/4/2012 6/4/2015 Waiting for response Historic Preservation Committee Melissa Celii 6/4/2012 6/4/2015 Waiting for response Jefferson Area Board for Aging Wallace McKeel 10/20/2012 10/20/2015 Deceased Jefferson Area Board for Aging Following application received: Jim McGrath Jefferson Area Comm Criminal Justice Board Ernie Allen 6/30/2012 6/30/2015 Yes Jefferson-Madison Regional Library Board Tim Tolson 6/30/2012 6/30/2016 Ineligible Advertised, No applications recv'd Natural Heritage Committee John Foster 9/30/2011 9/30/2015 No Advertised, No applications recv'd Natural Heritage Committee Diana Foster 9/30/2011 9/30/2015 No Natural Heritage Committee Phil Stokes 9/30/2011 9/30/2015 No Natural Heritage Committee Mike Erwin 9/30/2013 Resigned Natural Heritage Committee Jim Byrom 9/30/2012 Resigned Natural Heritage Committee Christopher Dumler 9/30/2013 Resigned Pantops Community Advisory Council Casey Beeghly 6/30/2012 6/30/2015 Yes Pantops Community Advisory Council Jason Dugas 6/30/2012 6/30/2015 Yes Piedmont Virginia Community College Board Stanley Cook 6/30/2012 6/30/2016 No Advertised, 1 application recv'd Piedmont Virginia Community College Board Debbi Goodman 6/30/2012 6/30/2016 Yes Piedmont Virginia Community College Board Paul Newland 6/30/2012 6/30/2016 No Following application received: Sean Moynihan Places29 Community Advisory Council Joseph Barnes 1/31/2013 Resigned Advertised, No applications recv'd Places29 Community Advisory Council Drew Lawrence 1/31/2013 Resigned Planning Commission Tom Loach 12/31/2011 12/31/2015 No, (White Hall)Advertised, 1 application recv'd Following application received: James Fulcher PRFA Joseph Henley 12/13/2011 12/31/2014 No Advertised, 1 application recv'd Following application received: Adam Hastings Region Ten Community Services Board Christopher Dumler 6/30/2012 Resigned Advertised, 3 applications recv'd for Following applications received:for 1 vacancy; looking for individual Deborah Baker w/experience in education or health 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 Social Services Board Claude Foster 12/31/2011 12/31/2015 No, (White Hall)Advertised, No applications recv'd Village of Rivanna Lindsay Dorrier 12/31/2011 Ineligible Board representative Workforce Investment Board Rod Gentry 6/30/2012 6/30/2013 Yes Workforce Investment Board Sue Goldman 6/30/2012 6/30/2013 No Recommendations to come from TJPED Workforce Investment Board Barbara Kessler 6/30/2012 6/30/2013 Waiting for response Revised 04/26/2012 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Natural Heritage Committee Annual Report SUBJECT/PROPOSAL/REQUEST: Annual report on the activities of the Natural Heritage Committee STAFF CONTACT(S): Benish, Clark, LEGAL REVIEW: Yes AGENDA DATE: May 2, 2012 ACTION: INFORMATION: X CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The Natural Heritage Committee was appointed by the Board to provide assistance with documenting and planning for the protection of the County’s biological communities. One of the Committee’s assigned tasks is to report to the Board annually. As in past years, this report focuses on the Committee’s work achievements and suggests areas in which they can be of assistance to the County. DISCUSSION: The Annual Report summarizes the activities that the Committee has been involved in, noting that progress has been made in all of their assigned tasks except for the development of the conservation plan called for in the Comprehensive Plan. Development of that conservation plan will require more time than is currently available from staff or from the Committee members, as well as development of specialized GIS projects . The Committee also offers its assistance in several areas of the County’s planning and resource -protection efforts. They note, however, that their current reduced membership (only 6 of 12 positions are filled) limits their ability to provide assistance. These openings are currently advertised on the Board’s web site. The Committee hopes that the openings will be filled by persons with experience in Geographic Information Systems, conservation science, and/or natural history. BUDGET IMPACTS: The Committee’s report is provided as information for the Board, and does not have budgetary impacts. RECOMMENDATIONS: Staff recommends that the Board accept the Committee’s report; no other action is required. Should the Board want additional information on the topics covered in the Annual Report, the Board will need to provide direction to staff on the information desired. Staff will work with the Committee to gather that information and report back to the Board. ATTACHMENTS: A - Natural Heritage Committee 2012 Annual Report Return to agenda Our contributions over the past year include: Education: ● Developed guidance on what species and habitats are important to emphasize in local environmental education programs. ● Staffed a table at Charlottesville Earth Week, which ○ Included community education on land conservation and species and habitats of Albemarle County. ○ Included a Monticello seed giveaway. ● Created an educational article on using native plants for green roofs: www.piedmontdiscovery.blogspot.com/2011/07/ecosystem-living-and-gardening-part- i.html Notable Biodiversity Discoveries and Events ● Began the reassessment process for previously documented sites ○ Including a rare Paper Birch Forest. See documentation here: www.blueridgediscoveryproject.blogspot.com/2011/06/eco-antique.html ○ Returned to Monticello to document rare species and their site conditions. ● Documented a few new sites, ○ including a rock outcrop in the Southern Albemarle Mountains featuring our native cactus, and other unusual succulents. ● Created a model for data sharing between local citizen scientists ● One of our members, Devin Floyd, discovered a national champion tree, Black Haw (Viburnum prunifolium) Policy & Program Recommendations: ● Planning ○ Participated in the Comprehensive planning process by providing comment at Many Plans, One Community and Livability Implementation Plan meetings. ○ Assisted in the development of a Master Plan for Biscuit Run State Park ● Requests for input on proposed changes to programs and regulations ○ Members of the Committee contributed to the development of a rural economic action plan that emphasizes agriculture, sustainability, and tourism. ○ Worked with Water Resources Management Staff and community experts in a workgroup to collaborate on a regional native plant initiative that can be used for public projects, and which could potentially create a new agricultural market for native plants. ● Used field data to help identify native plants that would be useful for green roof applications and helped distribute propagation material to a local green roof plant nursery (Stone Crop) to help get more local plants on the market that can be used for restoration. Out of five primary tasks assigned to us by the Board of Supervisors, we continue to make good progress on most of those; however, the Biodiversity Action Plan development and implementation depends highly on the support and assistance of staff for the landscape analysis portion. We feel that significant progress could be made with the allocation of eight hours of staff time for GIS work and other staff input, as needed. Secondly, given that we are tasked with “Responding to Board, Planning Commission, and Staff requests for inputs on proposed changes to programs and regulations” we feel we could be consulted more often. Typically, we find out about many issues after the fact from media organizations like Charlottesville Tomorrow, and then we do our best provide input after the fact. Ideally we would operate more like other advisory committees, by receiving a bit more direction from both staff and the Board. Indeed our members made some very positive contributions to the rural section of the economic development plan and our proactive engagement on future changes to rural policy could be helpful to the county. Staff and the Planning Commission may lack clarity on where it is appropriate to enlist our comments or assistance. There may even be some areas outside of our current charge where we could be of more service to you and the county. We would be interested and willing to provide input of the following kinds of policy as they apply to biodiversity and natural resources: ● Rural and Urban Critical slopes ● Rural and Urban Stream buffers ● Rural economic vitality ● The ACE program Scoring System ● Rural area land use policy ● Policies that conserve greenfields by incentivizing redevelopment ● Storm water treatment, and the Chesapeake Bay TMDLs ● Urban stream protection ● Greenspace and parks ● Processes for gathering of public input on natural resources (For example, our inclusion in the Biscuit Run planning process, was very positive and we appreciated being invited.) Lastly, we also have a significant number of open seats on the committee. To be successful we need the Board’s guidance on the issues that you would like us to work on, and need appointments to our committee that have the appropriate technical expertise, including experience with GIS, Conservation Science, and/or Natural history. Thank you for the opportunity to serve Albemarle County and assist you in protecting it’s most important places and natural resources. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: CACVB Marketing Plan Update SUBJECT/PROPOSAL/REQUEST: Report on the status of the marketing plan under development for the CACVB STAFF CONTACT(S): Messrs. Foley and Davis; and Ms. Catlin LEGAL REVIEW: Yes AGENDA DATE: May 2, 2012 ACTION: INFORMATION: X CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: No REVIEWED BY: BACKGROUND: As part of the ongoing restructuring and repositioning efforts involved in developing the County’s Five Year Plan, staff refined the County’s approach to community agencies to focus on core services, performance, and fund balances for community agencies that are supported and/or funded by the County consistent with how the County has approached local government departments and the School Division for the past several years. As a result of this review, staff felt compelled to address the very significant fund balance accumulated by the Charlottesville Albemarle Convention and Visitors Bureau (CACVB) over the past two years. The Five-Year Financial Plan as adopted last fall proposed that the Board of Supervisors request that the fund balance be reduced to a 20% level and that t he excess funds be returned to the County and City to support tourism initiatives by both jurisdictions, an approach that was fully endorsed by the City Manager’s Office. In response to the draw down presented in the Five-Year Financial Plan, the CACVB Board sent a resolution to the Board of Supervisors requesting that the Board allow the fund balance to remain intact with the assurance that “The CACVB Board of Directors has directed the CACVB Director and staff to develop, within a short period of time, a targeted marketing action plan to augment targeted direct marketing of tourism attractions, events, locations, shopping, entertainment, agri-tourism, recreation and other identified tourism assets while drawing down the accumulated Fund Balance from its present level to an operational level of between 15% – 20% of annual operating budget levels within a period not to exceed three (3) years.” The Board of Supervisors indicated a willingness to consider leaving the fund balance intact pending reassurance that the CACVB would implement a meaningful and productive marketing plan with performance measures that would insure that expenditure of the fund balance would achieve specific tourism outcomes, including regular reporting and accountability. DISCUSSION: Board members requested that the CACVB provide an update at the Board’s May 2, 2012 meeting as to the status of the marketing plan, major objectives, and a schedule for completion and implementation. Representatives from the CACVB and the consultant firm selected to create the marketing plan, Payne Ross and Associates, will be present at the May 2, 2012 Board meeting to provide an update on these items. BUDGET IMPACT: A decision to leave the CACVB fund balance intact would reduce revenues by approximately $250,000 over the course of the Five Year Plan. RECOMMENDATIONS: Staff recommends that the Board receive and evaluate the CACVB update. A final decision regarding use of the fund balance will be scheduled upon completion of the plan. Return to agenda COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Target Industry Study Recommendations for Albemarle County SUBJECT/PROPOSAL/REQUEST: Public comment and Board Discussion on study recommendations for Albemarle County STAFF CONTACT(S): Messrs. Foley, Elliott, Davis, and Cilimberg, and Ms. Catlin and Ms. Stimart LEGAL REVIEW: Yes AGENDA DATE: May 2, 2012 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: No REVIEWED BY: BACKGROUND: The Thomas Jefferson Partnership for Economic Development (TJPED) directed consultant work on a Target Industry Study for its member jurisdictions, including Albemarle County, which was completed in early April. This study identifies types of industries that have the strongest potential to succeed and offer the best prospects for "good jobs," meaning jobs that offer a higher quality of life (security, higher wages, opportunities for advancement, training, flexibility), both in our larger region and specifically in Albemarle County. The consultant, Younger Associates, presented the completed Target Industry Study to regional stakeholders on April 11. The Board also held a work session during which the consultant, Board members and staff focused specifically on the study’s results and recommendations for the County. Board members requested a follow up discussion to include the opportunity for the public to comment on the study’s results. DISCUSSION: Optimal Targets Target industry groups have been identified for the County and screened to select sectors that have the strongest local rationale and best global industry outlook. New and emerging industry, technology assets, workforce and locational strengths were considered in screening for select target sectors. The list of target sectors is a list of optimal targets and should not be considered to exclude related sectors. Optimal targets should provide solid business rationale for firms looking to relocate or expand in the County and provide County residents with a strong reason to support their presence in the County. It is critical to emphasize that the Target Industry Study supports the cultivation and nurturing of start-up companies and existing businesses, and considers employment of current residents as its most important outcome. Screening criteria for optimal targets included: • High relative wages • Support or strengthen existing industry groups/clusters • Make use of the location’s unique attributes, including technology assets • Leverage local/national/global trends • High relative jobs multiplier • Utilize incumbent occupational skill-sets • Match the area’s educational infrastructure and postsecondary completions • Match the area’s capacity and desire for growth and development • Potential to employ underemployed and unemployed For each target area matching the screening criteria, the fina l selected targeted industries had to meet two additional conditions: positive projected employment growth over the next five years , and industry-specific earnings greater than the overall local or state average. Based on the screening criteria, optimal targets for the County fall into four major categories. A set of complementary targets that build upon local competitive advantages has been identified as well. AGENDA TITLE: Target Industry Study Recommendations for Albemarle County May 2, 2012 Page 2 Recommended target industries:  Bioscience and Medical Devices  Business & Financial Services  Information Technology and Defense & Security  Agribusiness and Food Processing Complementary targets:  Health Services  Arts, Design and Sports & Media Site Inventory During the work session there was discussion regarding the availability of sites to accommodate the recommended targets. Staff understands the importance of ensuring an adequate level of suitable land to support desired target industry enterprises, and several strategies are underway to address this issue in both the more immediate and the longer term. Because the targets have yet to be formally endorsed by the Board, staff is still working through the detailed analysis required by these strategies, which are described below. Current Availability The Planning Commission Staff Report for March 20: Industrial Land Inventory, Rural Interchanges, and Locations for Industrial Uses and Target Industries, provided at the April 11 work session on the Comprehensive Plan Update, provides a detailed analysis of industrial land inventory. The Report gives an idea of both what is currently available and what may be needed in the future to support general industrial needs. The high level conclusions of the Report are as follows:  Many of the target enterprises can be accommodated on commercially zoned land of which there appears to be a sufficient amount.  Target industries that involve a manufacturing component would likely require industrially zoned land. (Research and Development are currently allowed in the Commercial Office district by special use permit.)  Industrially zoned land is needed for basic support industries in addition to target industries.  If existing trends continue, there will be a need for additional industrial land for uses that cannot be accommodated in commercially zoned land. This need can be met by rezoning existing Comprehensive Plan designated land to industrial (zoning process) and designating new industrial land (Comprehensive Plan Update) and then rezoning that land. More specific requirements depend on further analysis of endorsed targets. The initial analysis identifies potential options for re-designating land to industrial to match preliminary target industry needs and discusses the possibility of combining smaller parcels under the same ownership to form larger parcels required for some targets.  Specific locational preferences and infrastructure requirements of the targeted industries impacts where designated land needs to be available. An exact “acres available to acres needed” match is not always sufficient. Once the targets are formally endorsed by the Board, staff will review and finalize this analysis , and these findings will inform both the zoning changes and the Comprehensive Plan Update process described in the Developing New Options section below. Developing New Options As directed by the Economic Vitality Action Plan, staff is approaching the development of new light industrial options through several strategies. Zoning Changes – Appropriately zoned land with flexibility in uses to accommodate evolving industrial practices provides the best possibility for successfully locating desired target industries.  Staff is developing zoning text amendments that recognize the changing nature of industrial uses. These changes, which would impact both the industrial and commercial districts, provide greater flexibility in uses and allow a greater mix of complementary commercial and industrial uses without undermining the purpose of industrial districts to provide land and buildings for future industrial use. AGENDA TITLE: Target Industry Study Recommendations for Albemarle County May 2, 2012 Page 3  Following adoption of the zoning text amendments, staff will initiate a County-wide rezoning to an appropriate industrial district for RA and R-1 zoned properties in the development areas that are designated as industrial use on the County’s Land Use Plan. Only properties where the property owner has agreed to accept this zoning change will be included in this rezoning. This County-initiated rezoning will be similar to what was done for the downtown district rezoning in Crozet. Outcome: Liberalization of uses in industrial and commercial districts to support evolving industrial needs, and additional property zoned for industrial uses Timeline: W ork session on zoning text amendments with the Planning Commission in late May, with Board consideration by August, 2012 Comprehensive Plan Update – Additional industrially designated land provides future options to meet the location, size and infrastructure/proximity needs of target industries.  Staff is proposing options to add additional industrially designated land to create more inventory that meets requirements of endorsed target industries as part of the Comprehensive Plan Update. The environmental and community impacts of these proposed changes are being carefully considered. The County could consider another round of County-initiated rezoning after adoption of the Comprehensive Plan changes to align zoning to land use designation for newly designated areas. Outcome: Increase in land designated as site options for industrial projects Timeline: Consideration by Board in early 2013 Next Steps As mentioned at the work session, there is immediate work to be done in implementing the Target Industry Study, along with whatever longer term regional strategies might emerge from working in partnership with the TJPED. The following actions are either underway or will begin immediately upon endorsement of the County’s selected target industries:  Further analysis and clarification of target requirements for sites and buildings  Developing and making available a detailed sites and buildings inventory  Continued progress on the zoning and Comprehensive Plan changes outlined above  Analysis of NAICS codes for existing businesses to better understand and support our current target enterprises  Regional work with TJPED and sub-regional work with the City and UVA BUDGET IMPACT: No budget impact is anticipated at this time. RECOMMENDATIONS: Staff recommends that the Board endorse the target industries and complementary targets recommended by the Target Industry Study for Albemarle County. Return to agenda