Loading...
HomeMy WebLinkAbout2011-11-02Tentative BOARD OF SUPERVISORS T E N T A T I V E NOVEMBER 2, 2011 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. Recognitions. a. Governor’s Technology Awards. b. VML “Go Green” Challenge for 2011. c. Albemarle County firefighters - Fill the Boot Campaign for the Central Virginia Muscular Dystrophy Association. 6. Appointment of Human Resources Director. 7. From the Public: Matters Not Listed for Public Hearing on the Agenda. 8. Consent Agenda (on next sheet). 10:00 a.m. - Action Items: 9. Video Streaming Board of Supervisors’ meetings. 10. Thomas Jefferson Planning District Commission (TJPDC) Legislative Program, David Blount. 11. Review of Solid Waste Service Options. 12. Albemarle County Environmental Stewardship Strategic Plan. 13. 11:30 a.m. - Public Hearing: ZTA-2010-00005 Signs – Amend Secs. 4.15.1, Purpose and intent, 4.15.2, Definitions, 4.15.4, Signs authorized by sign permit, 4.15.6, Signs exempt from the sign permit requirement, 4.15.7, Prohibited signs and sign characteristics, 4.15.8, Regulations applicable in the MHD, RA, VR, R-1 and R-2 zoning districts, 4.15.9, Regulations applicable in the R-4 and R-6 zoning districts, 4.15.11, Regulations applicable in the PUD, DCD and NMD zoning districts, 4.15.12, Regulations applicable in the C-1 and CO zoning districts, 4.15.13, Regulations applicable in the HC, PD-SC and PD-MC zoning districts, 4.15.14, Regulations applicable in the HI, LI and PD-IP zoning districts, 4.15.15, Regulations applicable in the entrance corridor overlay district, 30.6.4, Certificates of appropriateness, and 30.6.5, Development exempt from requirement to obtain certificate of appropriateness, and add Sec. 4.15.4A, Signs authorized by temporary sign permit, of Chapter 18, Zoning, of the Albemarle County Code. This ordinance would amend the stated purpose and intent of the sign regulations (4.15.1), add and amend definitions (4.15.2), amend the procedures for obtaining sign permits and permits for temporary signs (4.15.4, 4.15.4A), increase the number of permits for temporary signs allowed in a calendar year from 4 to 6 and allow the 60 day period to be aggregated among the several permits (4.15.4A), amend the scope of home occupation and window signs that are exempt from the sign permit requirement (4.15.6), increase the area of a window or door covered by signs from 25% to 50% before they are considered prohibited signs that obstruct vision (4.15.7), amend the sign regulations applicable to the several zoning districts by increasing the maximum size of freestanding signs from 24 to 32 sq. ft. and allow bonus panel signs in some districts, reducing the minimum sign setback for directory and temporary signs in certain districts from 10 to 5 feet, amending the maximum height of temporary and wall signs in some districts, standardizing the method for calculating the permitted area of a wall sign (1.5 sq. ft. per linear foot of structure frontage), allowing sandwich board signs in the file:////coba-webapp01/BOSForms/Agenda/2011Files/Migration/20111102/00_Agenda.htm (1 of 3) [10/7/2020 5:29:55 PM] Tentative commercial and planned industrial zoning districts, and having the Highway Commercial district be subject to the sign regulations in section 4.15.12 rather than section 4.15.13 (4.15.8, 4.15.9, 4.15.11 through 4.15.14), eliminate the requirement of a certificate of appropriateness for a window sign or a sign visible through a window (4.15.15), add standards for bonus panel signs and sandwich board signs (4.15.16), allow all signs, rather than just walls signs, to be eligible for a countywide certificate of appropriateness (30.6.4), and amend the class of signs exempt from the requirement for a certificate of appropriateness (30.6.5). 14. Closed Meeting. 15. Certify Closed Meeting. 16. Boards and Commissions: Vacancies/Appointments. 1:30 p.m. – Presentations: 17. DIA Update, Phil Roberts, DIA Chief for Rivanna Station, and Col John Strycula, Post Commander Ft Belvoir. 18. Board-to-Board, Monthly Communications Report from School Board, School Board Chairman 19. VDOT Update, David Crim. Action Items: 20. Meadow Creek Parkway Resolution of Intent. 21. Route 29 Western Bypass Resolution from the Jack Jouett Bypass Design Committee. 22. From the Board: Matters Not Listed on the Agenda. 23. Adjourn to November 9, 2011, 4:00 p.m., Room 241. CONSENT AGENDA FOR APPROVAL: 8.1 Approval of Minutes: August 17 and September 21, 2010; March 2, March 3, March 7(A), March 9(N), April 19 (A), April 20 and June 1, 2011. 8.2 Cancel November 9, 2011 Regular Night Meeting. 8.3 FY 2011 Budget Amendment and Appropriations. 8.4 FY 2012 Budget Amendment and Appropriations. 8.5 ACE Round 10 Approvals - Accept completed Rushia and Nash/Violette Appraisals; Approve extending invitations to sell a conservation easements. 8.6 VDOT Revenue Sharing Program Application, FY 2012/13. 8.7 Resolution to accept Olympia Drive and Town and Country Lane Connector into the State Secondary System of Highways. file:////coba-webapp01/BOSForms/Agenda/2011Files/Migration/20111102/00_Agenda.htm (2 of 3) [10/7/2020 5:29:55 PM] Tentative 8.8 Equal Rights Amendment (ERA) Resolution. 8.9 Initiatives to Address Gang Activity in Albemarle County. FOR INFORMATION: 8.10 FY 2012 1st Quarter Cash and Non-Cash Proffer Report and 2011 State Survey of Cash Proffers. 8.11 Summary of Grant Applications Submitted in September, 2011. Return to Top of Agenda Return to Board of Supervisors Home Page Return to County Home Page file:////coba-webapp01/BOSForms/Agenda/2011Files/Migration/20111102/00_Agenda.htm (3 of 3) [10/7/2020 5:29:55 PM] COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: FY 2011 Budget Amendment and Appropriations SUBJECT/PROPOSAL/REQUEST: Approval of Budget Amendment and Appropriation #2011093, #2011095, and #2011096. STAFF CONTACT(S): Messrs. Foley, Letteri, and Davis; and Ms. L. Allshouse LEGAL REVIEW: Yes AGENDA DATE: November 2, 2011 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 2011 appropriations itemized below is $362,175.32. A budget amendment public hearing is not required because the amount of the cumulative appropriations does not exceed one percent of the currently adopted budget. DISCUSSION: This request involves the approval of three (3) FY 2011 appropriations as follows:  One (1) appropriation (#2011093) totaling $215,268.81 for required County obligations in FY 10/11 that exceeded initial budgeted amounts;  One (1) appropriation (#2011095) totaling $131,455.92 for various school programs; and  One (1) appropriation (#2011096) totaling $15,450.59 for expenses that exceeded rental income at the Old Crozet School. RECOMMENDATIONS: Staff recommends approval of the budget amendment in the amount of $362,175.32 and the approval of Appropriations #2011093, #2011095, and #2011096. ATTACHMENTS Attachment A – Appropriation Descriptions Return to consent agenda Return to regular agenda Attachment A Appropriation #2011093 $ 215,268.81 Revenue Source: General Fund Balance $ 215,268.81 This request is for an appropriation to fund required County obligations in FY 10/11 whose costs exceeded initial budgeted amounts. This request will appropriate $215,268.81 from the General Fund Balance as follows:  Circuit Court - $20,766.00 – This is primarily to cover the payment of overtime hours worked by one County employee within the Circuit Court who has worked a total of 428 uncompensated overtime hours since her start date. Since discovering the employee’s accumulation of overtime, the employee is currently required to complete timesheets consistent with the organization’s on-going practice of maintaining Fair Labor Standards Act compliance. In addition, this appropriation includes funding for unanticipated equipment repair incurred during FY 10/11.  Fire Rescue - $35,900.00 – This appropriation covers overexpenditures in Fire Rescue that were incurred as a result of mandatory overtime dictated by changes to the Virginia State Code.  City of Charlottesville Fire Contract - $30,129.30 – The City fire contract actual expenses exceeded budgeted expenses in FY 10/11. These expenses are based on the net City-to-County call volume experienced in FY 09/10. During the FY 09/10 period, the County experienced two significant snow storms and a number of summertime micro-bursts. The weather related events caused the actual net City-to- County call volume to exceed the estimated amount by about 90 calls.  Albemarle Charlottesville Regional Jail - $107,583.22 – This is to provide the funding required by the County to the Regional Jail per the regionial agreement. In FY 10/11, actual inmate days were 5%, or 4,095, higher than planned, resulting in a required expenditure over budget.  Fire/Rescue Tax Credit - $3,713.17 – This personal property tax credit may be applied toward any vehicle owned by an active fire/rescue volunteer. In FY 10/11, utilization of this program exceeded budget by $3,713.17.  Blue Ridge Juvenile Detention Center - $17,177.12 – This is to provide the funding required by the County to the BRJDC per agreement. This was due to the the County’s per diem usage at the facility during FY 10/11 and the per diem cost adjustment that occurred during the year. Appropriation #2011095 $131,455.92 Revenue Source: Miscellaneous Local $ 59,759.46 State Revenue $ 3,066.00 Federal Revenue $ 68,630.46 This request is for School Division appropriations approved by the School Board on September 8, 2011. Th is appropriation request of $131,455.92 is for the following:  The 21st Century Community Learning Centers federal grant funds are used for the Club Yancey After School Program which provides academic, civic, cultural, and fitness/wellness enrichment to e ligible students at no cost to the parents. There is a fund b alance in the amount of $39,795.78 from FY 09/10 which may be appropriated for use in FY 10/11.  Algebra Readiness funds provide mathematics intervention services to middle school students who a re at risk of failing. FY 10/11 expenditures exceeded appropriations, which were based on the amount the County expected to receive in State funding. This request is to appropriate an additional $3,066.00 that was received in State funding to balance the fund.  Albemarle County Public Schools Department of Transportation received a grant from the Hampton Roads Clean Cities Coalition Federal pass-thru grant in the amount of $28,834.68. These funds were used to purchase idle reduction kits for 14 buses. These kits provide a reduction in engine idling, diesel fuel consumption and emissions, and warm cabins on the buses.  An appropriation in the amount of $59,759.46 from Albemarle High School’s activity fund to reimburse the County School Division for athletic items purchased for Albemarle High School. Appropriation #2011096 $15,450.59 Revenue Source: General Fund Balance $ 15,450.59 In FY 10/11, the Old Crozet School Fund had maintenance expenses of $75,670.75 and rental receipts of $60,150.31. This resulted in a negative fund balance of $15,450.59. This appropriation will transfer $15,450.59 from the General Fund fund balance to the Old Crozet School Fund and will balance the fund. Attachment A Return to exec summary COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: FY 2012 Budget Amendment and Appropriations SUBJECT/PROPOSAL/REQUEST: Approval of Budget Amendment and Appropriation #2012034, #2012035 and #2012036. STAFF CONTACT(S): Messrs. Foley, Davis; and Ms. L. Allshouse LEGAL REVIEW: Yes AGENDA DATE: November 2, 2011 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 $162,586.93. A budget amendment public hearing is not required because the amount of the cumulative appropriations does not exceed one percent of the currently adopted budget. DISCUSSION: This request involves the approval three (3) FY 2012 appropriations as follows:  One (1) appropriation (#2012034) totaling $18,045.11 for various school programs;  One (1) appropriation (#2012035) totaling $91,974.00 for the replacement of various servers, modems and batteries at the Emergency Communications Center (ECC); and  One (1) appropriation (#2012036) totaling $52,567.82 for various Capital projects. RECOMMENDATIONS: Staff recommends approval of the budget amendment in the amount of is $162,586.93 and the approval of Appropriations #2012034, #2012035 and #2012036. ATTACHMENTS Attachment A – Appropriation Descriptions Return to consent agenda Return to regular agenda Attachment A 1 Appropriation #2012034 $18,045.11 Revenue Source: Miscellaneous Local Revenue* $ 8,584.51 Grant Fund Balances $ 9,460.60 (* fees and donations) This request is for School Division appropriations approved by the School Board on September 8, 2011. This appropriation request of $18,045.11 is as follows:  An appropriation in the amount of $8,084.51 to reimburse the County School Division budget for athletic personnel expenses.  An appropriation of $500.00 in donations received by Albemarle High School (AHS) from the AHS Parent/Teacher/Student Organziation. The donor requested that this contribution be used to help fund any instructional needs at AHS.  Various Shannon Foundation Grants received by the School Division have unexpended fund balances from FY 10/11. This request is to reappropriate $9,460.60 in these remaining grant balances to FY 12. Appropriation #2012035 $91,974.00 Revenue Source: ECC Fund Balance $ 10,996.00 ECC 800 MHz Fund Balance $ 80,978.00 The Emegency Communication Center’s (ECC) Management Board approved the reappropriation of $91,974.00 at its meeting on Thursday, October 20, 2011 and is requesting the County of Albemarle, acting as fiscal agent for the ECC, to make the following appropriations from ECC’s available fund balances:  $10,996.00 for the emergency purchase of two replacement modems for the Computer Aided Dispatch (CAD) system. The ECC has been notified by its CAD vendor that the current modems, which are several years old, are obsolete and will no longer be covered by its maintenance contract until the modems are replaced.  $46,928.00 to replace two servers from the recording system and fund an increase of $708.00 in the renewal of the annual maintenance contract. The ECC has been notified by its vendor that the current servers will no longer be covered under its current maintenance contract.  $34,050.00 for the replacement of back-up batteries for the microwave system at the ECC and tower sites. ECC recently had a malfunction with the batteries when they overheated and caused a system problem. The batteries are several years old and have been recommended for replacement by Motorola. Appropriation #2012036 $52,567.82 Revenue Source: School Capital Fund Balance $ 144,304.03 Gen Gov’t Capital Fund Balance $ (111,736.21) Gen Gov’t Capital Loan Proceeds $ 20,000.00 As staff works to close out the FY 11 Capital Improvement Program year, additional budget adjustments are requested for projects that were completed or will be expens ed in the following fiscal year. This request is to appropriate a total of $52,567.82 to the Capital Program as follows: a) Re-appropriate $144,304.03 from the School Capital Fund Balance to support the FY 11 School Administrative Technology capital project, that was not complete by year-end in FY 11. This project is to upgrade the voice-over IP phone system at various schools. The upgrade is scheduled to begin in January 2012 and to be compete in March 2012. b) Re-appropriate $54,792.13 from the General Gover nment Capital Fund Balance for the purchase of Seminole Engine 82 and its associated equipment. The County and Seminole Trail VFD accepted delivery from the factory in FY 12 (September 2011) and the associated loose and portable equipment is currently being installed on the vehicle. The total balance available for this purchase in FY 11 was $724,449.00. The Board has previously approved the re-appropriation of $669,656.87 for this purpose. The $54,792.13 is the remaining balance. Attachment A 2 c) Reduce the currently appropriated FY 12 General Government Fund Balance revenue account by $146,528.34 and the associated budgeted expenditures for the following FY 12 projects by the same amount. This is to correctly reflect the FY 11 project balances that were available at FY 11 year end to move forward into FY 12: o (50,000.00) Master plan, Pantops o (34,695.13) Fire Dept Contingency o (8,494.08) Fire Dept Emergency Radio Notification System o (52,142.73) Access Albemarle o (1,196.40) Parks & Rec Maintenance d) Appropriate $20,000.00 in General Government Loan Proceed Revenues and reduce the use of General Government Fund Balance Revenues by $20,000.00 to reflect the correct amount of loan proceeds identified in the Board’s Resolution of Official Intent to Reimburse Expenditures with Pro ceeds of a Bowrrowing dated May 11, 2011. Return to exec summary COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ACE Round 10 Approvals SUBJECT/PROPOSAL/REQUEST: Request approval of Rushia and Nash/Violette ACE appraisals and authorize invitations to sell conservation easements STAFF CONTACT(S): Messrs., Foley, Elliott, Davis, Herrick, Cilimberg, Benish, and Goodall LEGAL REVIEW: Yes AGENDA DATE: November 2, 2011 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: On January 5, 2011, the Board of Supervisors approved the Acquisition of Conservation Easement (ACE) Committee’s request to have the four remaining properties from the Round 10 (FY 2009-10) applicant pool (Thurman, Rives, Rushia, and Nash/Violette) appraised (see Attachment “A”). All higher-ranked easements were already being either acquired (Pugh/Stanerson) or withdrawn from consideration (Lively and Barksdale). Last spring, Thurman was acquired and Rives voluntarily withdrew his application, leaving only two eligible properties for consideration: Rushia and Nash/Violette. Under County Code section A.1-111(A), "[T]he board of supervisors shall designate the initial pool of parcels identified for conservation easements to be purchased. The size of the pool shall be based upon the funds available for easement purchases in the current fiscal year and the purchase price of each conservation easement in the pool established under section A.1-111(B)." DISCUSSION: The Rushia and Nash/Violette appraisals have been completed and were officially approved by the Appraisal Review Committee on October 4, 2011. The ACE Committee now recommends that the Board accept the completed Rushia and Nash/Violette appraisals and authorize invitations to both landowners to sell conservation easements for the amounts indicated in the approved appraisals. Based on the appraisals, the purchase price of the Rushia easement would be $203,980 and the purchase price for the Nash/Violette easement would be $58,800. With $735,913.69 in the ACE budget, funds are available to purchase both easements (see Attachment “B”). Acquisition of these two easements would protect the following resources:  127 acres of farm and forestland  1,384 feet of state road frontage, including 750 feet on I-64  1,800+ feet of riparian buffer on Stockton Creek  36 acres of “prime” farm and forestland  61 acres of protected mountaintop (Beaver Creek Mountain)  4,700+ feet of common boundary with 3 other properties under easement Acquisition of these two easements would also provide the following benefits:  Elimination of 12 development rights  Both properties lie in the watershed of the South Fork of the Rivanna River Reservoir BUDGET IMPACT: Funding for the purchase of this conservation easement is available existing funds in the CIP-Planning-Conservation budget (line-item 9010-81010-580409). RECOMMENDATIONS: Staff recommends that the Board: 1) Accept the completed Rushia and Nash/Violette appraisals (see Attachment “B”); and 2) Approve extending invitations to submit an offer to sell to Rushia and Nash/Violette based on the appraisals. ATTACHMENTS A – Ranking Order of ACE Applicants from Round 10 B – ACE Budget for Round 10 & Rushia and Nash/Violette Easement Acquisition Costs Return to consent agenda Return to regular agenda Attachment “A” Ranking Order of ACE Applicants from Round 10 (FY 2009-10) (20 points are needed to qualify for ACE Funding) Applicant Tax Map Acres Points Tourism Status Lively, Julius TM 93, Parcel 53 90.950 acres 48.45 points yes withdrawn (Simeon) TM 93, Parcel 53C 10.650 acres TM 93, Parcel 53D 10.500 acres TM 93, Parcel 54 184.570 acres Total 296.670 acres Ethel Pugh/Stanerson TM 56, Parcel 25C 96.220 acres 33.36 points yes acquired 5.26.2011 (Ivy) Barksdale, John TM 100, Parcel 34 153.010 acres 29.66 points yes withdrawn (Walnut Creek) Thurman, Thelma TM 94, Parcel 20A 108.400 acres 25.36 points no acquired 2.14.2011 (Milton) Rives, Barclay TM 65, Parcel 93A1 3.811 acres 24.58 points yes withdrawn (Cismont) TM 65, Parcel 94 3.000 acres TM 65, Parcel 94 “A” 1.250 acres TM 65, Parcel 94 “B” 15.950 acres TM 65, Parcel 95 4.872 acres TM 65, Parcel 95A 3.978 acres TM 65, Parcel 121 38.840 acres Total 71.701 acres Rushia, Ed & Chris TM 39, Parcel 27 86.700 acres 22.43 points yes hope to acquire (Crozet) Nash/Violette TM 71, Parcel 43 40.160 acres 22.06 points yes hope to acquire (Greenwood) William Traylor TM 48, Parcel 45 14.569 acres 10.27 points no ineligible (Stony Point) TM 48, Parcel 46 25.456 acres Total 40.025 acres _______________________________________________________________________________________________ Totals 8 applicants 862.926 acres Note: Tourism value is determined by the presence of specific elements from the ranking evaluation criteria making certain properties eligible for funding from the transient lodging tax. The specific criteria include the following: contains historic resources or lies in a historic district; lies in the primary Monticello viewshed; adjoins a Virginia scenic highway, byway or entrance corridor; lies on a state scenic river; provides mountaintop protection. Ranking Order of ACE Applicants from Round 10 (FY 2009-10) (20 points are needed to qualify for ACE Funding) Applicant Tax Map Acres Points Status Lively, Julius TM 93, Parcel 53 90.950 acres 48.45 points rejected ACE offer (Simeon) TM 93, Parcel 53C 10.650 acres TM 93, Parcel 53D 10.500 acres TM 93, Parcel 54 184.570 acres Total 296.670 acres Ethel Pugh/Stanerson TM 56, Parcel 25C 96.220 acres 33.36 points acquired on 2.14.2011 (Ivy) Barksdale, John TM 100, Parcel 34 153.010 acres 28.71 points rejected ACE offer (Walnut Creek) Thurman, Thelma TM 94, Parcel 20A 108.400 acres 25.36 points hope to acquire (Milton) Rives, Barclay TM 65, Parcel 93A1 3.811 acres 24.58 points hope to acquire (Cismont) TM 65, Parcel 94 3.000 acres TM 65, Parcel 94 “A” 1.250 acres TM 65, Parcel 94 “B” 15.950 acres TM 65, Parcel 95 4.872 acres TM 65, Parcel 95A 3.978 acres TM 65, Parcel 121 38.840 acres Total 71.701 acres Rushia, Ed & Chris TM 39, Parcel 27 86.700 acres 22.43 points hope to acquire (Crozet) Nash/Violette TM 71, Parcel 43 40.160 acres 21.06 points hope to acquire (Greenwood) William Traylor TM 48, Parcel 45 14.569 acres 10.27 points ineligible (Stony Point) TM 48, Parcel 46 25.456 acres Total 40.025 acres _______________________________________________________________________________________________ ACE Ranking Evaluation Criteria & Points Determination Owner: Lively, Julius Property: TM 93, Parcel 53 ( 90.950 acres) 3 DivR’s + 5 DevR’s = 8 DR’s TM 93, Parcel 53C ( 10.650 acres) 0 DivR’s + 5 DevR’s = 5 DR’s TM 93, Parcel 53D ( 10.500 acres) 0 DivR’s + 5 DevR’s = 5 DR’s TM 93, Parcel 54 (184.570 acres) 8 DivR’s + 4 DevR’s = 12 DR’s Total (296.670 acres) 11 DivR’s + 19 DevR’s = 30 DR’s Ranking Criteria Determination Source for Points Points Criteria A.1 ¼ mile from Limestone Farm plats/County overlay maps 2.00 Criteria A.2 296.670 acres RE Assessor’s Office 5.93 Criteria B.1 no landowner 0.00 Criteria B.2 no landowner 0.00 Criteria B.3 24 DR’s eliminated Zoning & Planning Departments 12.00 Criteria C.1 no County overlay maps 0.00 Criteria C.2 yes landowner 5.00 Criteria C.3 1,340 feet on Route 53 County tax map/plats 4.23 (Entrance Corridor) Criteria C.4 yes - in Monticello viewshed PEC/Monticello viewshed maps 2.00 Criteria C.5 yes - Henderson habitat zone DCR Division of Natural Heritage 5.00 Criteria C.6 102 acres “prime” farm/forest County Soil Survey 2.04 Criteria C.7 4,100 feet on the Rivanna River County overlay maps 4.10 Criteria C.8 yes - Rivanna River plat/survey/County overlay maps 2.05 Criteria C.9 35 foot buffer on Rivanna River landowner 4.10 Criteria C.10 n/a County Engineering Department 0.00 Criteria C.11 no County overlay maps 0.00 Criteria C.12 no landowner/DOF 0.00 Criteria D.1 n/a Based on income grid 0.00 Point Total 48.45 points PEC = Piedmont Environmental Council; VOF = Virginia Outdoors Foundation; TNC = The Nature Conservancy DCR = Department of Conservation and Recreation; SH = Scenic Highway; EC = entrance corridor; SR = State Road; CE = Conservation Easement; SFRR = South Fork Rivanna River watershed; SWMHD = Southwest Mountains Historic District. ACE Ranking Evaluation Criteria & Points Determination Owner: Ethel R. Pugh/Bettie Stanerson Property: TM 56, Parcel 25C (96.220 acres) 4 DivR’s + 2 DevR’s = 6 DR’s Ranking Criteria Determination Source for Points Points Criteria A.1 1,900 feet on TM 72-20A plats/County overlay maps 8.72 1,450 feet on TM 56-113 Criteria A.2 96.220 acres RE Assessor’s Office 1.92 Criteria B.1 no landowner 0.00 Criteria B.2 yes (retired, medical issues) landowner 3.00 Criteria B.3 5 usable DR’s eliminated Zoning & Planning Departments 2.50 Criteria C.1 no County overlay maps 0.00 Criteria C.2 yes landowner 3.00 Criteria C.3 370’ on I-64 (EC) County tax map/plats 3.21 600’ on SR 683 Criteria C.4 none PEC/Monticello viewshed maps 0.00 Criteria C.5 yes (w/in ¼ mile) DCR Division of Natural Heritage 3.00 Criteria C.6 49 acres County Soil Survey 0.98 Criteria C.7 SF Rivanna River Watershed County overlay maps 3.00 Criteria C.8 no plat/survey/County overlay maps 0.00 Criteria C.9 4,029’ on Stockton Mill Creek landowner 4.03 Criteria C.10 n/a County Engineering Department 0.00 Criteria C.11 no County overlay maps 0.00 Criteria C.12 no landowner/DOF 0.00 Criteria D.1 n/a Based on income grid 0.00 Point Total 33.36 points PEC = Piedmont Environmental Council; VOF = Virginia Outdoors Foundation; TNC = The Nature Conservancy DCR = Department of Conservation and Recreation SH = Scenic Highway; EC = entrance corridor; SR = State Road CE = Conservation Easement SFRR = South Fork Rivanna River watershed SWMHD = Southwest Mountains Historic District ACE Ranking Evaluation Criteria & Points Determination Owner: Barksdale, John Property: TM 100, Parcel 34 (153.010 acres) 7 DivR’s + 3 DevR’s = 10 DR’s Ranking Criteria Determination Source for Points Points Criteria A.1 1,076 feet on Walnut Creek Park plats/County overlay maps 9.77 2,810 feet on C. Hudson Criteria A.2 153.010 acres RE Assessor’s Office 3.06 Criteria B.1 no landowner 0.00 Criteria B.2 no landowner 0.00 Criteria B.3 7 usable DR’s eliminated Zoning & Planning Departments 3.50 Criteria C.1 yes - 40 acres in Gay Mtn. MOD County overlay map 0.95 3 acres in RAB Criteria C.2 yes landowner 3.00 Criteria C.3 1,076 feet on SR 631 County tax map/plats 3.08 Criteria C.4 none PEC/Monticello viewshed maps 0.00 Criteria C.5 mafic outcrops w/ rare plants? DCR Division of Natural Heritage 3.00 Criteria C.6 105 acres County Soil Survey 2.10 Criteria C.7 no County overlay maps 0.00 Criteria C.8 no plat/survey/County overlay maps 0.00 Criteria C.9 none landowner 0.00 Criteria C.10 n/a County Engineering Department 0.00 Criteria C.11 no County overlay maps 0.00 Criteria C.12 no landowner/DOF 0.00 Criteria D.1 88% funding Based on income grid 1.20 Point Total 29.66 points PEC = Piedmont Environmental Council; VOF = Virginia Outdoors Foundation; TNC = The Nature Conservan cy DCR = Department of Conservation and Recreation SH = Scenic Highway; EC = entrance corridor; SR = State Road CE = Conservation Easement SFRR = South Fork Rivanna River watershed SWMHD = Southwest Mountains Historic District ACE Ranking Evaluation Criteria & Points Determination Owner: Thurman, Thelma Property: TM 94, Parcel 20A (108.400 acres) 4 DivR’s + 5 DevR’s = 9 DR’s Ranking Criteria Determination Source for Points Points Criteria A.1 w/in ¼ mile of Limestone Farm County overlay map 2.00 Criteria A.2 108.400 acres RE Assessor’s Office 2.17 Criteria B.1 no landowner 0.00 Criteria B.2 yes landowner 3.00 Criteria B.3 6 DR’s eliminated Zoning & Planning Department 3.00 Criteria C.1 no County overlay map 0.00 Criteria C.2 yes landowner 5.00 Criteria C.3 2,647’ on SR 623 County overlay map 4.65 Criteria C.4 no DHR & Monticello viewshed maps 0.00 Criteria C.5 no DCR - Division of Natural Heritage 0.00 Criteria C.6 55 acres “prime soil” County Soil Survey 1.10 Criteria C.7 no County overlay map 0.00 Criteria C.8 no County overlay map 0.00 Criteria C.9 2,958’ w/ 50-100’ wide buffers landowner 4.44 Criteria C.10 n/a County Engineering Department 0.00 Criteria C.11 no County overlay map 0.00 Criteria C.12 no Department of Forestry 0.00 Criteria D.1 n/a VOF, PEC, TNC etc. 0.00 Point Total 25.36 points PEC = Piedmont Environmental Council; VOF = Virginia Outdoors Foundation; TNC = The Nature Conservancy DHR = Department of Historic Resources; DCR = Department of Conservation and Recreation SFRR = South Fork Rivanna River Reservoir ACE Ranking Evaluation Criteria & Points Determination Owner: Rives, Barclay Property: TM 65, Parcel 93A1 ( 3.811 acres) 0 DivR’s + 1 DevR’s = 1 DR’s TM 65, Parcel 94 ( 3.000 acres) 0 DivR’s + 1 DevR’s = 1 DR’s TM 65, Parcel 94 “A” ( 1.250 acres) 0 DivR’s + 1 DevR’s = 1 DR’s TM 65, Parcel 94 “B” (15.950 acres) 0 DivR’s + 5 DevR’s = 5 DR’s TM 65, Parcel 95 ( 4.872 acres) 0 DivR’s + 2 DevR’s = 2 DR’s TM 65, Parcel 95A ( 3.978 acres) 0 DivR’s + 1 DevR’s = 1 DR’s TM 65, Parcel 121 (38.840 acres) 1 DivR’s + 6 DevR’s = 7 DR’s Total (71.701 acres) 1 DivR’s + 17 DevR’s = 18 DR’s Ranking Criteria Determination Source for Points Points Criteria A.1 783 feet on Mirza (TM 65 -93) plats/County overlay maps 3.57 Criteria A.2 71.701 acres RE Assessor’s Office 1.43 Criteria B.1 no landowner 0.00 Criteria B.2 no landowner 0.00 Criteria B.3 16 DR’s eliminated Zoning & Planning Departments 8.00 Criteria C.1 no County overlay maps 0.00 Criteria C.2 yes landowner 3.00 Criteria C.3 470 feet on Route 231 County tax map/plats 2.92 144 feet on SR 740 Criteria C.4 yes - SWMHD PEC/Monticello viewshed maps 3.00 Criteria C.5 no DCR Division of Natural Heritage 0.00 Criteria C.6 33 acres County Soil Survey 0.66 Criteria C.7 no County overlay maps 0.00 Criteria C.8 no plat/survey/County overlay maps 0.00 Criteria C.9 none landowner 0.00 Criteria C.10 n/a County Engineering Department 0.00 Criteria C.11 yes (Kinloch Ag-For) County overlay maps 2.00 Criteria C.12 no landowner/DOF 0.00 Criteria D.1 n/a Based on income grid 0.00 Point Total 24.58 points PEC = Piedmont Environmental Council; VOF = Virginia Outdoors Foundation; TNC = The Nature Conservancy DCR = Department of Conservation and Recreation; SH = Scenic Highway; EC = entrance corri dor; SR = State Road; CE = Conservation Easement; SFRR = South Fork Rivanna River watershed; SWMHD = Southwest Mountains Historic District. ACE Ranking Evaluation Criteria & Points Determination Owner: Rushia, Ed & Christina Property: TM 39, Parcel 27 (86.700 acres) 3 DivR’s + 5 DevR’s = 8 DR’s Ranking Criteria Determination Source for Points Points Criteria A.1 990 feet on Henley plats/County overlay maps 11.54 1,922 feet on Shaw 1,856 feet on Pietsch Criteria A.2 86.700 acres RE Assessor’s Office 1.73 Criteria B.1 no landowner 0.00 Criteria B.2 no landowner 0.00 Criteria B.3 6 usable DR’s eliminated Zoning & Planning Departments 3.00 Criteria C.1 61 acres in MOD County overlay maps 2.97 35 acres in RAB Criteria C.2 no landowner 0.00 Criteria C.3 none County tax map/plats 0.00 Criteria C.4 none PEC/Monticello viewshed maps 0.00 Criteria C.5 no DCR Division of Natural Heritage 0.00 Criteria C.6 8 acres County Soil Survey 0.19 Criteria C.7 SF Rivanna River Watershed County overlay maps 3.00 Criteria C.8 no plat/survey/County overlay maps 0.00 Criteria C.9 none landowner 0.00 Criteria C.10 n/a County Engineering Department 0.00 Criteria C.11 no County overlay maps 0.00 Criteria C.12 no landowner/DOF 0.00 Criteria D.1 n/a Based on income grid 0.00 Point Total 22.43 points PEC = Piedmont Environmental Council; VOF = Virginia Outdoors Foundation; TNC = The Nature Conservancy DCR = Department of Conservation and Recreation SH = Scenic Highway; EC = entrance corridor; SR = State Road CE = Conservation Easement SFRR = South Fork Rivanna River watershed SWMHD = Southwest Mountains Historic District ACE Ranking Evaluation Criteria & Points Determination Owner: Margaret Nash/Martin Violette Property: TM 71, Parcel 43 40.160 acres 1 DivR’s + 6 DevR’s = 7 DR’s Ranking Criteria Determination Source for Points Points Criteria A.1 none plats/County overlay maps 0.00 Criteria A.2 40.160 acres RE Assessor’s Office 0.80 Criteria B.1 no landowner 0.00 Criteria B.2 no landowner 0.00 Criteria B.3 6 usable DR’s eliminated Zoning & Planning Departments 3.00 Criteria C.1 no County overlay maps 0.00 Criteria C.2 yes landowner 3.00 Criteria C.3 730’ on I-64 (EC) County tax map/plats 3.87 654’ on SR 824 Criteria C.4 none PEC/Monticello viewshed maps 0.00 Criteria C.5 yes - snail on Stockton Creek DCR Division of Natural Heritage 5.00 Criteria C.6 28 acres County Soil Survey 0.56 Criteria C.7 SF Rivanna River Watershed County overlay maps 3.00 Criteria C.8 no plat/survey/County overlay maps 0.00 Criteria C.9 1,834’ - 1 side Stockton Mill Creek landowner 1.83 Criteria C.10 n/a County Engineering Department 0.00 Criteria C.11 no County overlay maps 0.00 Criteria C.12 yes landowner/DOF 1.00 Criteria D.1 n/a Based on income grid 0.00 Point Total 22.06 points PEC = Piedmont Environmental Council; VOF = Virginia Outdoors Foundation; TNC = The Nature Conservancy DCR = Department of Conservation and Recreation SH = Scenic Highway; EC = entrance corridor; SR = State Road CE = Conservation Easement SFRR = South Fork Rivanna River watershed SWMHD = Southwest Mountains Historic District ACE Ranking Evaluation Criteria & Points Determination Owner: Traylor, William Property: TM 48, Parcel 45 14.569 acres 0 DivR’s + 5 DevR’s = 5 DR’s TM 48, Parcel 46 25.456 acres 0 DivR’s + 5 DevR’s = 5 DR’s Total 40.025 acres 0 DivR’s + 10 DevR’s = 10 DR’s Ranking Criteria Determination Source for Points Points Criteria A.1 <¼ mile of Gunn (TM 48-47C) plats/County overlay maps 2.00 Criteria A.2 40.160 acres RE Assessor’s Office 0.80 Criteria B.1 no landowner 0.00 Criteria B.2 no landowner 0.00 Criteria B.3 9 usable DR’s eliminated Zoning & Planning Departments 4.50 Criteria C.1 yes - 34 acres in MOD County overlay maps 0.68 Criteria C.2 no landowner 0.00 Criteria C.3 right-of-way County tax map/plats 0.00 Criteria C.4 none PEC/Monticello viewshed maps 0.00 Criteria C.5 no DCR Division of Natural Heritage 0.00 Criteria C.6 39 acres of “prime” farm/forest County Soil Survey 0.78 Criteria C.7 no County overlay maps 0.00 Criteria C.8 no plat/survey/County overlay maps 0.00 Criteria C.9 756’ on perennial, internal stream landowner 1.51 Criteria C.10 n/a County Engineering Department 0.00 Criteria C.11 no County overlay maps 0.00 Criteria C.12 no landowner/DOF 0.00 Criteria D.1 yes - wants to donate some portion Based on income grid ???? Point Total 10.27 points PEC = Piedmont Environmental Council; VOF = Virginia Outdoors Foundation; TNC = The Nature Conservancy DCR = Department of Conservation and Recreation SH = Scenic Highway; EC = entrance corridor; SR = State Road CE = Conservation Easement SFRR = South Fork Rivanna River watershed SWMHD = Southwest Mountains Historic District Sec. A.1-108. Ranking criteria. In order to effectuate the purposes of the ACE program, parcels for which conservation easement applications have been received shall be ranked according to the criteria and the point values assigned as provided below. Points shall be rounded to the first decimal. A. Open-space resources. 1. The parcel adjoins an existing permanent conservation easement, a national, state or local park, or other permanently protected open-space: two (2) points, with one additional (1) point for every five hundred (500) feet of shared boundary; or the parcel is within one-quarter (1/4) mile, but not adjoining, an existing permanent conservation easement, a national, state or local park, or other permanently protected open-space: two (2) points. 2. Size of the parcel: one (1) point for each fifty (50) acres. B. Threat of conversion to developed use. 1. The parcel is threatened with forced sale: five (5) points. 2. The parcel is threatened with other hardship: three (3) points. 3. The number of usable division rights to be eliminated on the parcel: one-half (1/2) point for each usable division right to be eliminated, which shall be determined by subtracting the number of retained division rights from the number of division rights. A division right includes all by-right divisions of both 2-acre lots and the 21-acre residual lots. Each right represents the right to build a single dwelling. C. Natural, cultural and scenic resources. 1. Mountain protection: one (1) point for each fifty (50) acres in the mountain overlay district, as defined in the Comprehensive Plan. An additional one (1) point may be awarded for each twenty (20) acres within a ridge area boundary. For purposes of this section, the term “ridge area boundary” means the area that lies within one hundred (100) feet below designated ridgelines shown on county mountain overlay district elevation maps. If the landowner elects to use these points in the ranking criteria, the Deed of Easement shall prohibit all construction within the MOD. No farm building or agricultural structure may be allowed unless prior written approval is obtained from each Grantee”. 2. Working family farm, including forestry: five (5) points if at least one family member’s principal occupation and income (more than half) is farming or foresting the parcel; three (3) points if one family member has as a secondary occupation working the farm sufficient to qualify for the land use tax program. 3. The parcel adjoins a road designated either as a Virginia scenic highway or byway, or as an entrance corridor under section 30.6.2 of Chapter 18 of the Albemarle County Code: two (2) points, with one (1) additional point for each six hundred (600) feet of road frontage; or the parcel adjoins a public road: two (2) points, with one (1) additional point for each one thousand (1000) feet of road frontage ; or, the parcel is substantially visible from, but is not contiguous to, a public road designated either as a Virginia scenic highway or byway, or as an entrance corridor under section 30.6.2 of Chapter 18 of the Albemarle County Code: two (2) points. If the landowner elects to use points in the ranking criteria for frontage on a Virginia scenic highway or byway, any new dwelling shall have a 250’ setback from said roadway or shall not be visible in any season of the year from the scenic road on a site ap proved by the Grantee. Otherwise, one (1) point will be awarded for each one thousand (1000) feet of road frontage. 4. The parcel contains historic resources: three (3) points if it is within a national or state rural historic district or is subject to a permanent easement protecting a historic resource; two (2) points if the parcel is within the primary Monticello viewshed, as shown on viewshed maps prepared for Monticello and in the possession of the county; two (2) points if the parcel contains arti facts or a site of archaeological or architectural significance as determined by a qualified archaeologist or architectural historian under the United States Department of Interior’s professional qualification standards. If the landowner elects to use these points in the ranking criteria for artifacts or sites of archaeological or architectural significance, the Deed of Easement shall require the permanent protection of these resources as designed by Department of Historic Resources. 5. The parcel contains an occurrence listed on the state natural heritage inventory or a qualified biologist has submitted documentation of an occurrence of a natural heritage resource to the ACE Program and the Division of Natural Heritage on behalf of the applicant: five (5) points; or the parcel is within one-quarter (1/4) mile of an occurrence listed on the State Natural Heritage Inventory: two (2) points. 6. The parcel contains capability class I, II or III soils (“prime soils”) for agricultural lands or ordination symbol 1 or 2 for forest land, based on federal natural resources conservation service classifications found in the United States Department of Agriculture Soil Survey of Albemarle County, Virginia: one (1) point for each fifty (50) acres containing such soils to a maximum of five (5) points. 7. The parcel is within the South Fork Rivanna Reservoir Watershed, the Chris Greene Lake Watershed, or the Totier Creek Reservoir Watershed: three (3) points; or the parcel adjoins the Ivy Creek, Mechums River, Moormans River, Rocky Creek (of the Moormans River), Wards Creek (of the Moormans River), Doyles Creek, Buck Mountain Creek, South Fork Rivanna Reservoir River, North Fork Rivanna River, Totier Creek Reservoir, Swift Run (of the North Fork Rivanna River), Lynch River (of the North Fork Rivanna River, Rivanna River, Jacob’s Run, or the Hardware River, Rockfish River, James River, any waters designated as “Exceptional Waters” by the Virginia Water Control Board, any public water supply reservoir or emergency water supply reservoir: one (1) point for each one thousand (1000) feet of frontage. 8. The parcel adjoins a waterway designated as a state scenic river: one-half (1/2) point for each one thousand (1000) feet of frontage. If the landowner elects to use these points in the ranking criteria, any new dwelling shall not be visible from the river or require a 250’ setback from the river so as to maintain the natural, scenic quality of the property from the river. 9. The parcel is subject to a permanent easement whose primary purpose is to establish or maintain vegetative forest buffers adjoining perennial or intermittent streams, as those terms are defined in Chapter 17 of the Albemarle County Code: one (1) point for each one thousand (1000) linear feet of buffer that is between thirty-five (35) and fifty (50) feet wide; one and one-half (1½) points for each one thousand (1000) linear feet of buffer that is greater than fifty (50) feet but not more than one hundred (100) feet wide; two (2) points for each one thousand (1000) linear feet of buffer that is greater than one hundred (100) feet wide. If the owner voluntarily offers in his application to place the parcel in such a permanent easement, then the above-referenced points may also be awarded. 10. The parcel is within a sensitive groundwater recharging area identified in a county- sponsored groundwater study: one (1) point. 11. The parcel is within an agricultural and forestal district: two (2) points. 12. One (1) point for a professionally prepared Forestry Stewardship Management Plan approved by the Virginia Department of Forestry. D. County Fund Leveraging. 1. State, federal, or private funding identified to leverage the purchase of the conservation easement: one (1) point for each ten (10) percent o f the purchase price for which those funds can be applied. Return to exec summary Attachment “B” 1. ACE Budget for Round 10 (FY 2009-10) Applicant Pool Current County Funds Available from FY11-12 Re-appropriation $ 619,459.94 Funds from Farmland Preservation Grants 116,453.75 Net Funds Available for Rushia & Nash/Violette (FY09-10) $ 735,913.69 2. Acquisition Cost for Rushia & Nash/Violette - Round 10 (FY 2009-10) Applicant Total Appraised FMV Easement Value (% FMV) ACE Payment (% EV) Rushia $ 737,000 $ 217,000 (29%) $ 203,980.00 (94%) (Crozet) Nash/Violette $ 521,000 $ 84,000 (16%) $ 58,800.00 (70%) (Greenwood) _______________________________________________________________________ Totals $1,301,300 $ 344,000 $ 262,780.00 FMV = Fair Market Value EV = Easement Value Return to exec summary COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: VDOT Revenue Sharing Program Application, FY 2012/13 SUBJECT/PROPOSAL/REQUEST: Resolution to approve the County’s participation in the Virginia Department of Transportation (VDOT) Revenue Sharing Program for FY 12/13 STAFF CONTACT(S): Messrs. Foley, Elliott, Davis, and Benish LEGAL REVIEW: Yes AGENDA DATE: November 2, 2011 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The VDOT Revenue Sharing Program is a competitive funding program for transportation improvements which requires a dollar for dollar match from participating localities. Participation in the VDOT Revenue Sharing Program leverages matching funds from VDOT to advance important transportation projects. The County has participated in this Program since 1988. Last year, the County provided a $1.5 million match and received the full award of $1.5 million, which was applied to the Broomley Road Bridge replacement project. DISCUSSION: The Board of Supervisors approved participating in the FY 13 Revenue Sharing Program at its meeting on October 10, 2011. The Board directed staff to make application for up to $1.0 million in matching funds to implement the County Sidewalk Construction Program with the intent to construct new sidewalks in up to four locations: 1. Crozet Avenue North (Rt. 810), from St. George Avenue to Ballard Drive; 2. South Pantops Drive (Rt. 1140), from Carriage Hill Apartment to State Farm Blvd. and then along State Farm Blvd. (Rt. 1117) from South Pantops Drive to Rt. 250; 3. Barracks Road (Rt. 654), from the Charlottesville City Limits to Barracks West Apartments; 4. Hydraulic Road (Rt. 743), from just south of Commonwealth Drive to Georgetown Road intersection (north side of road). To complete the County’s application, The Board needs to adopt a resolution to participate in the Revenue Sharing Program. A draft resolution has been provided for approval (Attachment A). BUDGET IMPACT: The required local match will be up to $1.0 million depending on the amount of revenue sharing funds awarded. Existing funding already appropriated to the Crozet Avenue North, State Farm Blvd. and South Pantops Drive projects can be used for part of the required local match. This funding plus the anticipated $239,951 from de-allocated Revenue Sharing Program local matching funds, which will be refunded by VDOT to the County this fiscal year, provides approximately $876,000 of the necessary match funding. The balance can be funded (approximately $124,000) from the Transportation Improvement Program CIP Fund which has a current balance of $655,170. RECOMMENDATIONS: Staff recommends that the Board adopt the attached resolution to participate in VDOT’s Revenue Sharing Program for FY 12/13, for up to $1.0 million in VDOT Revenue Sharing Program funds to implement the County Sidewalk Construction Program by constructing sidewalks in up to four locations. ATTACHMENTS A – Resolution Return to consent agenda Return to regular agenda RESOLUTION TO PARTICIPATE IN VIRGINIA DEPARTMENT OF TRANSPORTATION REVENUE SHARING PROGRAM FOR FISCAL YEAR 2013 WHEREAS, the County of Albemarle desires to submit an application for up to $1.0 million of revenue sharing funds through the Virginia Department of Transportation Fiscal Year 2012/13 Revenue Sharing Program; and WHEREAS, the County is willing to commit a $1.0 million match in order to compete for a Revenue Sharing Program award; and WHEREAS, these funds are requested to fund the County’s Sidewalk Construction Program to install new sidewalks along roadways in up to four locations: 1. Crozet Avenue North (Rt. 810), from St. George Avenue to Ballard Drive; 2. South Pantops Drive (Rt. 1140), from Carriage Hill Apartment to State Farm Blvd. and then along State Farm Blvd. (Rt. 1117) from South Pantops Drive to Rt. 250; 3. Barracks Road (Rt. 654), from the Charlottesville City Limits to Barracks West Apartments; 4. Hydraulic Road (Rt. 743), from just south of Commonwealth Drive to Georgetown Road intersection (north side of road). NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby commits to provide up to $1.0 million of matching funds in its application for up to $1.0 million of revenue sharing funds from the Virginia Department of Transportation Revenue Sharing Program and requests that the Virginia Department of Transportation approve the County’s application. Return to exec summary The Board of County Supervisors of Albemarle County, Virgin ia, in regular meeting on the 4th day of November 2009, adopted the following resolution: R E S O L U T I O N WHEREAS, the street(s) as described on the attached Additions Form AM-4.3 dated November 2, 2011, fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the street(s) meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transportation to add the street(s) as described on the attached Additions Form AM-4.3 dated November 2, 2011, to the secondary system of state highways, pursuant to §33.1 -229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right -of- way, as described, exclusive of any necessary easements for cuts, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. * * * * * The road(s) described on Additions Form AM-4.3 is: 1) Town and Country Lane (State Route 1776) from Route 250 (Richmond Road) north to Route 1770 (Olympia Drive), as shown on plat recorded in the office the Clerk of Circuit Court of Albemarle County in Deed Book 4061, page 466, with a 53- foot and variable right-of-way width, for a length of 0.08 miles. 2) Town and Country Lane (State Route 1776) from Route 1770 (Olympia Drive), north to the end of State maintenance, as shown on plat recorded in the office the Clerk of Circuit Court of Albemarle County in Deed Book 4061, page 466, with a 53 - foot and variable right-of-way width, for a length of 0.01 miles. 3) Olympia Drive (State Route 1770) from the intersection of Route 1776 (Town and Country Lane), west of Route 1769, as shown on plat recorded in the office the Clerk of Circuit Court of Albemarle County in Deed Book 4061, page 466, with a 45 - foot and variable right-of-way width, for a length of 0.41 miles. Total Mileage – 0.50 Return to consent agenda Return to regular agenda Resolution: Equal Rights Amendment (ERA) WHEREAS, the Equal Rights Amendment (ERA) ensures that women and men will have equal rights under the United States Constitution; and WHEREAS, the County of Albemarle supports the advancement of human rights; and WHEREAS, the United States Constitution fails to guarantee equal rights and equal protection for women to the continuing detriment of all citizens; and WHEREAS, the Equal Rights Amendment would provide the only incontestable remedy for gender discrimination for both women and men by providing a Constitutional guarantee of equal rights under the law; and WHEREAS, the 14th Amendment to the United States Constitution and the various state constitutional statements of gender equality generally do not provide the strict scrutiny of equal protection for the matters of gender as is now accorded race, religion, and national origin; and WHEREAS, the only permanent right women explicitly have in the U.S. Constitution is the right to vote and rights not supported by the Constitution can be undermined in legislatures and courts; and WHEREAS, in past years, laws and policies in the Commonwealth of Virginia have unjustly discriminated against girls and women in general, and against particular classes of women, such as in matters of sexual assault, marital property, and sexual harassment, and although some such laws and policies have become somewhat less discriminatory, such improvements can be, have been, and are being reversed; and WHEREAS, the ERA, introduced in 1972, requires ratification by three more states; and WHEREAS, some institutional policies, whether overtly discriminatory or "facially neutral," in public, voluntary, and private institutions, still have inequitable effects on women; policies such as those dealing with insurance, pension, family medical leave from employment, job promotions, occupational choice, recreational opportunities, and access to medical care, and stereotypes still exist which limit women's roles and activities; and WHEREAS, women and men, many of whom through economic necessity, must also work in the job market and/or at home face grave health, financial, and career repercussions as a result of weak or nonexistent laws on paid leave, and discrimination against workers with family responsibilities; and WHEREAS millions of American women, especially women who are mothers, face particularly severe hiring and promotion bias, U.S. Department of Labor data found that mothers earn just 60 cents for every dollar that fathers earn with more than 19 million families with children now have a mother as the primary or co- breadwinner, and 70 percent of children live in households in which all adults are in the labor force further discriminating against the children of these households, men and women (http://www.hrw.org/node/96432); and WHEREAS, in many other ways the tasks of providing equal opportunities to women and men, and the tasks of removing burdens which fall unjustly on women as compared with men remain uncompleted, NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors of the County of Albemarle, Virginia does hereby indicate its support for the principal that “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.” and AND BE IT FURTHER RESOLVED, that the Board of Supervisors of the County of Albemarle, Virginia hereby urges the General Assembly of the Commonwealth of Virginia to ratify the ERA during the 2012 session . Signed and sealed this _____ day of November 2011, Return to consent agenda Return to regular agenda COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Initiatives to Address Gang Activity in Albemarle County SUBJECT/PROPOSAL/REQUEST: Adopt a Resolution to support regional gang suppression efforts STAFF CONTACT(S): Messrs. Foley, Elliott, Davis, and Col. Sellers LEGAL REVIEW: Yes AGENDA DATE: November 2, 2011 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: Over the past several months, Col. Steve Sellers, Albemarle County Chief of Police, along with other senior law enforcement officials, has reviewed gang activity in this region. This review led to the opportunity to have community dialogue and review of this issue with local media outlets, community organizations and elected officials. One outcome of these discussions has been to launch a more proactive approach to addressing gang issues in Albemarle County and this region. In addition, it has been recognized that a need exists to seek funding to support regionally based law enforcement initiatives related to stemming gang activity. One of the requirements for accessing federal grant funding is for a “governing body” to acknowledge publically that gangs are an issue in the community and need to be addressed. DISCUSSION: At the present time, thirteen (13) identified gangs are present in the Charlottesville-Albemarle region with a total of 154 members. The City of Charlottesville and County of Albemarle work together to address regional gang issues through the Charlottesville-Albemarle Gang Enforcement Unit (CAGE). The unit is comprised of officers from both agencies and from the Jefferson Area Drug Enforcement (JADE) Taskforce who meet monthly with the Central Virginia Gang Investigators Association (CVGIA) comprised of all law enforcement partners in the region. During these meetings, gang trends, intelligence and criminal activity are reviewed and discussed. These meetings also include federal and state partners, local and federal prosecutors, corrections officials, probation/parole officials and some school resource officers. In April of this year, Col. Sellers and Chief Longo tasked CAGE with conducting periodic targeted operations related to criminal gang activity which have yielded positive results. Gangs are a regional issue and do not follow jurisdictional or socio-economic boundaries. The best approach toward controlling gangs is through a community-based focus, with participation by government, law enforcement, faith communities, schools, non-profits and parents. The City and County Chiefs of Police, as well as neighboring chiefs and sheriffs, are committed to continuing to work together to address the issue; however, they do not have the capacity to dedicate resources specifically to focus on gangs within current staffing levels. Moreover, members of CAGE, as well as the designated Gang Team, have other fulltime responsibilities within their respective agencies. Accordingly, in order to devise a more full-time and comprehensive, regional approach to combating gangs, it is proposed that federal funding be pursued to provide full-time staffing for this cause. Adoption of the attached resolution by the Albemarle County Board of Supervisors is a required pre-requisite for filing such federal grant applications. BUDGET IMPACT: The County’s participation in CAGE and CVGIA is achieved through the Albemarle County Police Departmen t’s annual operating budget. If federal funding is awarded, resources will be made available for a full -time grant funded position (100%) to address gang issues in the region. RECOMMENDATIONS: It is recommended that the Board of Supervisors adopt the attached resolution supporting regional gang suppression efforts. ATTACHMENTS A – Resolution Return to consent agenda Return to regular agenda RESOLUTION WHEREAS, it is the mission of the Albemarle County government 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; and WHEREAS, the Board of Supervisors recognizes that criminal street gangs exist and are conducting criminal enterprise in Albemarle County which has a direct negative impact on citizens; and WHEREAS, the Albemarle County Police Department is actively engaged in gang prevention and enforcement through a coordinated effort of local, state and federal law enforcement resources; and WHEREAS, it is in the best interest of Albemarle County citizens to eliminate the threat of criminal street gangs and prevent their further development in our communities. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, general welfare and safety, the Albemarle County Board of Supervisors does hereby fully support regional gang suppression efforts that focus on identifying dangerous and influential gang members and removing them from the community while also preventing further development of criminal street gangs through education, collaboration and community involvement. Return to exec summary COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: FY 2012 1st Quarter Cash and Non-Cash Proffer Report and 2011 State Survey of Cash Proffers SUBJECT/PROPOSAL/REQUEST: Report on cash proffer revenue, expenditures, and non-cash proffers for July-September 2011. STAFF CONTACT(S): Messrs. Foley, Elliot, Davis, Graham, Higgins; and Ms. McCulley and Ms. Ragsdale LEGAL REVIEW: Yes AGENDA DATE: November 2, 2011 ACTION: INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: X ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: In 2007, the Board directed staff to provide a quarterly update on the status of cash proffers. Since that time, the report has been expanded to also include updates on non-cash proffers that benefit the County and mitigate impacts of development. This report includes proffer activity (both cash and non-cash improvements) for the months of July through September 2011 (FY2012 1st quarter). This report also includes the County’s annual report to the State for FY 2011 and historical cash proffer data from FY 2005-2011. The next quarterly proffer report will be on the Board’s February 1, 2012 agenda DISCUSSION: Cash Proffers July 2011-September 2011 (1st Quarter Fiscal Year 2012) A. Proffered: There were no rezoning requests approved this quarter that provided new cash proffers. B. Total Obligated Cash Proffers: Since no new rezonings were approved during the 1st quarter that increased obligated cash proffers, the total obligated cash proffers is $40,502,008. This total reflects annual adjustments to anticipated proffer revenue not received yet from obligated proffers in which annual adjustments were proffered. C. Revenue: The County received a total of $54,582 from existing cash proffers during this quarter from the following developments: Development Amount Intended Purpose Glenmore $2,300 Schools or CIP and Transportation Improvements Old Trail $9,000 Parks and Schools in Crozet Wickham Pond $29,032 CIP Projects serving Crozet Belvedere $14,250 Affordable Housing D. Total Interest Earnings: Interest earned is provided in the attached table and reflects postings through August 31, 2011. (Attachment A) Total interest earned to date on all proffers is $318,995. E. Expenditures: There were no appropriations of proffer revenue during this quarter. F. Current Available Funds: As of September 30, 2011, the available cash proffer fund balance is $1,351,930. Some of these funds were proffered for specific projects while others may be used for general projects within the CIP. (See Attachment A) Non Cash Proffers-Proffered There were two rezonings approved by the Board during this quarter. ZMA 2010-03 Morey Creek Professional Center was approved to rezone 12.06 acres from PRD Planned Residential District to PD-MC Planned Development Mixed Commercial, to allow 100,000 square feet of general office space and a parking structure. This site is located on Fontaine Avenue. Proffered improvements include improvements at the Fontaine/Route 29 ramps, including lane improvements and traffic signals, a pedestrian path along Fontaine Avenue and other pedestrian/trail improvements. ZMA 2011-04 Albemarle Place (a.k.a. Stonefield) was approved to amend proffers regarding phasing of road improvements and required interparcel street connections. AGENDA TITLE: FY 2012 1st Quarter Cash and Non-Cash Proffer Report and 2011 State Survey of Cash Proffers November 2, 2011 Page 2 2011 Survey of Cash Proffers Accepted by Local Governments for the Commission on Local Government The state mandates that localities accept ing cash proffers report to the Commission on Local Government (CLG) annually. The report for FY 2011 is attached (Attachment B). During Fiscal Year 2011, the County collected $209,880 in cash proffers and expended $186,265. There were no cash proffers pledged during this year, as there were no new rezonings approved involving cash proffers (See Attachment B). Expended cash proffers in 2011 were allocated primarily to affordable housing and stormwater management projects. Since FY 2005, staff has tracked proffers pledged, collected and expended by fi scal year and by category of expenditure. Please see Attachment C for further comparisons over the past six fiscal years (FY 2004-2011). BUDGET IMPACT: Cash proffers are a valuable source of revenue that supplements the funding of important County projects that would otherwise be funded by general tax revenue. In addition, non-cash proffers provide improvements that might otherwise need to be funded by general tax revenue. With the elimination of positions in Community Development, a full time position is no longer devoted to proffers; instead, approximately one-half of a zoning planner’s time is devoted to managing this program. While there have not been as many proffered rezonings approved recently, staff is still responsible for tracking existing proffers for previously approved rezonings, including Old Trail Village, Belvedere, and more recently, The Shoppes at Stonefield (Albemarle Place). Included with the CLG survey of cash proffers is an estimate of staff time spent on completing the survey each year. RECOMMENDATIONS: This summary is provided for information on proffer activity and no action is required. Staff welcomes any comments for improvements from the Board that they may wish to see in the future. ATTACHMENTS A. Cash Proffer Summary B. FY 2011 Annual State Cash Proffer Survey C. Cash Proffer Activity FY 2004-2011 Return to consent agenda Return to regular agenda PROFFER SUMMARYAs of September 30, 2011FUND # PROFFER NAME ZMA #'STOTAL ANTICIPATED REVENUE*TOTAL FUNDS RECEIVEDTOTAL INTEREST EARNINGS*TRANSFER OF FUNDS TO CIP/OTHERCURRENT AVAILABLE FUNDS HOW FUNDS MAY BE USED8534 AVON PARK 2004-0359,00059,000 5,711 064,711Pedestrian Improvements in Neighborhood 48536 BELVEDERE STATION 2004-07400,25079,000 823 079,823Affordable housing8520GLENMORE1999-16893,000752,000129,927-875,3646,562School CIP to expand Stone Robinson or to schools; Other CIP projects.8521 GLENMORE** 1999-16569,000328,700 56,326 -375,00010,026any other trans impr in CIP related to Village of Rivanna and 250E corridor. 8523 GRAYROCK 1997-1262,50062,500 13,278 075,778Improvements to Rt. 691 (Jarmans Gap Rd.)8527HOLLYMEAD AREA C2001-20210,000164,7625,180-112,44257,49929N Traffic Study and CIP for HOLLYMEAD8528 HOLLYMEAD AREA D 2002-02481,000481,000 23,857 -473,71231,14429N Traffic Study and CIP projects8545HOLLYMEAD TOWN CENTER A1*2005-15609,000109,000559-28,50781,051Route 29 traffic study, Transit, and Greenway connection8529MJH @ PETER JEFFERSON PLACE*2001-15367,718419,14510,3140429,458Improvements at I-64 Interchange/Rt. 250 and Transit service8538 NORTH POINTE 2000-09460,000400,000 28,811 -400,00028,81129N transportation study and Affordable housing8537 OLD TRAIL VILLAGE 2004-242,328,00085,000 1,870 -50,00036,866Parks and Schools in Crozet8546POPLAR GLEN II2005-1477,800121077,921Affordable housingPROFFER FUNDS-CURRENT AVAILABLE10/26/20118546POPLAR GLEN II2005-1477,800121077,921Affordable housing8533 STILLFRIED LANE 2003-1278,00078,000 6,336 084,336Affordable housing8525 UVA RESEARCH PARK 1995-0478,71878,718 900 -79,500118Expended on Airport Rd. Project8535 WESTERN RIDGE 2001-025,0005,159 857 -5,0001,017Stop light at Western Ridge/Rt. 2408540 WICKHAM POND 2004-17345,162173,268 4,034 -59,161118,141CIP projects in Crozet8541 WESTHALL (1.1) 2006-01123,00051,000 2,824 053,824Future Eastern Avenue in Crozet8542 WESTHALL (1.2) 2006-01 17,000 916 -7,00010,916CIP projects in Crozet8543 WESTHALL (3.3) 2006-013,000 166 03,166Pedestrian bridge for greenway8544 LIBERTY HALL 05-5 & 07-14137,600102,400 193 0102,593CIP projects in Crozet 8530 ALBEMARLE PLACE 2001-072,610,000100,000 3,666 -103,6660Rt. 29 Regional Transportation Study8526 AVEMORE 2000-1050,00050,000 1,286 -51,2860Traffic Signal at intersection Rt. 20/Fontana Drive8539 GREENBRIER 2000-069,3349,334 82 -9,4160Drainage facilities downstream from property.8532 HOLLYMEAD AREA B 2001-1950,00050,000 1,522 -51,5220Rt. 29 Regional Transportation Study8524SPRINGRIDGE1998-13100,000100,0002,215-102,2150Traffic calming; road improvements and other CIP projects in HollymeadPROFFER FUNDS EXPENDED8524SPRINGRIDGE1998-13100,000100,0002,215-102,2150Traffic calming; road improvements and other CIP projects in Hollymead8522 STILL MEADOWS 1997-01135,000135,000 17,221 -152,2210Schools in Hollymead AVON PARK II* 2007-05437,6460 0 00CIP projectsBLUE RIDGE CO-HOUSING* 2007-12306,9210 0 00CIP projects in CrozetCASCADIA 2002-04405,0000 0 00Schools and CIP projects serving PantopsFONTANA PHASE 4C* 2004-18740,4920 0 00Affordable Housing and CIP projects HADEN PLACE 2005-0782,5000 0 00Transporation in CIP for CrozetHOLLYMEAD TOWN CENTER A2* 2007-0116,055,7580 0 00Berkmar Drive Ext. and Recreational FacilitiesLEAKE* 2006-162,281,7430 0 00CIP projects 0Affordable Housing LIVENGOOD* 2006-15929,8730 0 00Affordable Housing and CIP projects NGIC EXPANSION* 2007-031,264,8000 0 00CIP projectsPATTERSON SUBDIVISION* 2007-11138,1250 0 00CIP projectsOAKLEIGH FARM* 2007-041,602,7550 0 00CIP projectsRIVANNA VILLAGE @ GLENMORE* 2001-081,122,8030 0 00Schools and Transportation projects serving Village of RivannaWICKHAM POND II2005-18405,0000000CIP projects in CrozetPROFFER FUNDS NOT YET RECEIVEDWICKHAM POND II2005-18405,0000000CIP projects in Crozet WILLOW GLEN* 2006-192,907,8000 0 00CIP projectsAVINITY-revenue anticipated2006-05 1,340,010 0 0 00CIP projects in Neighborhoods 4 & 5313,5000Affordable Housing8531 ECKERD PHARMACY 2003-03 6,000 0 0 00Upgrade traffic signal at Rolkin/Rt. 250. TOTAL40,502,008 3,970,785 318,995 -2,937,851 1,351,930*Anticipated revenue includes annual adjustments (as of 9/30) for those cash proffers with proffered adjustments. *Interest earnings through August 2011. 10/26/2011 Commission on Local Government 2011 Survey of Cash Proffers Accepted by Local Governments QUESTIONS? CONTACT ZACK ROBBINS AT THE COMMISSION ON LOCAL GOVERNMENT, (804) 371-8010 or zachary.robbins@dhcd.virginia.gov Page 1 of 4 5/2/11 Date: September 28, 2011 Locality: County of Albemarle County X City Town Name: Rebecca Ragsdale Title: Senior Planner Phone: (434) 296-5832 Fax: (434) 972-4012 Email: rragsdale@albemarle.org YES NO Did your locality accept cash proffers at any time during the 2010-2011 Fiscal Year? X If you answered "No" for the 2010-2011 Fiscal Year, additional information is not needed. Please return the survey to the Commission on Local Government as indicated on the next page. If you answered "Yes" for the 2010-2011 Fiscal Year, provide the following information concerning the cash proffers accepted by your locality: (See definitions on next page.) FY2010-2011 1. Total Amount of Cash Proffer Revenue Collected by the Locality during the 2011-2011 Fiscal Year: $ 209,880 2. Estimated Amount of Cash Proffers Pledged during the 2010-2011 Fiscal Year and Whose Payment Was Conditioned Only on Time: $ 0 3. Total Amount of Cash Proffer Revenue Expended by the Locality during the 2010-2011 Fiscal Year: $ 186, 265 4. Indicate the Purpose(s) and Amount(s) for Which the Expenditures in Number 3 Above Were Made: Schools $ Roads and Other Transportation Improvements $ Fire and Rescue/Public Safety $ Libraries $ Parks, Recreation, and Open Space $ Water and Sewer Service Extension $ Community Centers $ Stormwater Management $ 74,880 Special Needs Housing $ Affordable Housing $ 111,385 Miscellaneous $ Total Dollar Amount Expended (Should Equal Amount in Number 3 Above) $ 186,265 Please see other side. Comments: Use additional sheet if necessary. Commission on Local Government 2011 Survey of Cash Proffers Accepted by Local Governments QUESTIONS? CONTACT ZACK ROBBINS AT THE COMMISSION ON LOCAL GOVERNMENT, (804) 371-8010 or zachary.robbins@dhcd.virginia.gov Page 2 of 4 5/2/11 Please complete this form and return it to the Commission on Local Government by September 30, 2011, using one of the following methods: •By Mail: Zack Robbins Commission on Local Government 600 E. Main Street, Suite 300 Richmond, VA 23219 •By Fax: (804) 371-7090 •By Email: A Microsoft Word template of this form may be downloaded at http://www.dhcd.virginia.gov/CommissiononLocalGovernment/pages/cashproffersurvey.htm Once completed, send it by email to:zachary.robbins@dhcd.virginia.gov DEFINITIONS Cash Proffer: (i) any money voluntary proffered in a writing signed by the owner of property subject to rezoning, submitted as part of a rezoning application and accepted by a locality pursuant to the authority granted by Va. Code Ann. § 15.2-2303, or § 15.2-2298, or (ii) any payment of money made pursuant to a development agreement entered into under authority granted by Va. Code Ann. § 15.2-2303.1. Cash Proffer Revenue Collected [§15.2-2303.2(D)(1), Code of Virginia]: Total dollar amount of revenue collected from cash proffers in the specified fiscal year regardless of the fiscal year in which the cash proffer was accepted. Unaudited figures are acceptable. Cash Proffers Pledged and Whose Payment Was Conditioned Only on Time [§15.2-2303.2(D)(2), Code of Virginia]: Cash proffers conditioned only on time approved by the locality as part of a rezoning case. Unaudited figures for the specified fiscal year are acceptable. Cash Proffer Revenue Expended [§15.2-2303.2(D)(3), Code of Virginia]: Total dollar amount of public projects funded with cash proffer revenue in the specified fiscal year. Unaudited figures are acceptable. Commission on Local Government 2011 Survey of Cash Proffers Accepted by Local Governments QUESTIONS? CONTACT ZACK ROBBINS AT THE COMMISSION ON LOCAL GOVERNMENT, (804) 371-8010 or zachary.robbins@dhcd.virginia.gov Page 3 of 4 5/2/11 ***IMPORTANT NOTICE REGARDING MANDATE*** Agency Assessment of Mandate SCT.DHCD018: Disclosure of Proffered Cash Payments and Expenditures As you may know, Delegate Byron’s HB 2319 and Senator Stanley’s identical SB 1382 – both of which were approved by the 2011 Virginia General Assembly and signed by Governor McDonnell – amended Va. Code § 2.2- 613 relating to state agency assessment of mandates imposed on localities. Specifically, the bills require that “with respect to state mandates imposed on local governments, such assessments shall include an estimate of the fiscal impact of the mandates on the affected local governments in addition to a written justification as to why the mandate should or should not be eliminated.” The Department of Housing and Community Development/Commission on Local Government (DHCD/CLG) is presently assessing the impact of the mandate that requires local governments with populations over 3,500 that accept cash proffers on new developments to make an annual report to the CLG concerning the amount received from cash proffers, the amount expended from cash proffers revenue, and the purpose of such expenditures. DHCD/CLG will be conducting the assessment of this mandate during the period July 1 – September 30, 2011. Consequently, we ask that you assist us in assessing the fiscal impact of this mandate by estimating the amount of time and the cost associated with completing the annual cash proffer survey, according to the categories indicated in the table below and by answering the two questions that follow. Personnel Time Burden (in Hours) Required to Comply with Mandate (by Category) Cost to Comply Title(s) of Person(s) Completing Survey Record Keeping Survey Completion Survey Review/ Approval Survey Submission All Other Total Time Estimated Cost ($$) Rebecca Ragsdale Senior Planner 36 1 1 .25 38.25 $1,000 (approximated based on senior planner hourly rate x total time spent) 1. Would your locality maintain the information requested on the cash proffer survey if you were not required to report it to the CLG each year? Briefly describe any information that you would not maintain but for the reporting requirement. Yes, Albemarle County would maintain this information even if it was not a requirement of CLG. The County already reviews and prepares quarterly cash proffer and non-cash proffer summary reports which contain the information requested in the annual cash proffer survey. 2. Should the annual cash proffer survey requirement be eliminated? Please explain why or why not. No because the information compiled by CLG based on the annual reports is useful to localities and is the only source available for this type of benchmarking data on peer localities. Commission on Local Government 2011 Survey of Cash Proffers Accepted by Local Governments QUESTIONS? CONTACT ZACK ROBBINS AT THE COMMISSION ON LOCAL GOVERNMENT, (804) 371-8010 or zachary.robbins@dhcd.virginia.gov Page 4 of 4 5/2/11 In addition, the CLG strongly encourages each affected locality to provide additional comments and feedback regarding the burden associated with maintaining the necessary records and completing and submitting the survey. Please feel free to attach additional sheets as necessary. Thank you for your assistance in assessing the fiscal impact and justifiability of this mandate. Proffer Activity FY2004-2011 total.xlsxFUND TYPE Proffered Collected Expended Proffered Collected Expended Proffered Collected Expended Proffered Collected Expended$0 $67,600 $100,744 $1,164,000 $31,000 $172,594 $405,000 $11,000 $12,690 $1,000$0 $0 $0 $487,762 $0 $0 $524,600 $629,539 $22,844,859 $230,443 $59,161$59,000 $217,159 $0 $200,000 $10,400 $165,257 $332,500 $131,300 $109,666 $18,230,800 $1,300 $475,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $875,000 $554,850$0 $0 $0 $0 $0 $0 $0 $0 $0 $550,000 $0$0 $0 $0 $1,340,000 $0 $0 $3,000 $53,000 $50,000 $961,000 $3,000 $0$0 $0 $0 $0 $0 $0 $0 $0 $0$0$0 $0 $0 $0 $0 $0 $0 $9,344 $9,416 $30,000 $0$0 $0 $0 $435,250 $0 $0 $366,000 $355,000 $0 $678,065 $27,000$500,000Totals$59,000 $284,759 $100,744 $3,627,012 $41,400 $337,851 $1,631,100 $1,189,183 $181,772 $44,169,724 $262,743 $1,589,011FY 06-07 FY 07-08FY 04-05FY 05-06Affordable HousingRoads & Other Transportation CostsFire & Rescue/Public SafetyLibrariesWater & Sewer Service ExtensionStormwater ManagementGeneral CIP FundParks, Recreation & Open SpaceSchools FUND TYPE Proffered Collected Expended Proffered Collected Expended Proffered Collected Expended$0 $0 $0 $0 $6,000 $0 $0 $5,500 $0$0 $15,131 $0 $0 $75,129 $0 $0 $112,103 $0$0 $373,617 $66,000 $0 $189,572 $0 $60,527 $0$0 $0 $0 $0 $0 $0 $0$0 $0 $0 $0 $0 $0 $0$0 $50,000 $0 $0 $6,000 $1,838 $0 $5,500 $0$0 $0 $0 $0 $0 $0 $0$0 $0 $0 $0 $0 $0 $74,880$0 $3,000 $0 $0 $35,750 $0 $0 $26,250 $111,385Totals$0 $441,748 $66,000 $0 $122,879 $191,410 $0 $209,880 $186,265CASH PROFFER ACTIVITY 2004-20112005 2006 2007 2008 2009 2010 2011Proffered$59,000 $3,627,012 $1,631,100 $44,169,724 $0 $0 $0Collected$284,759$41,400$1,189,183$262,743$391,748$122,879$209,880Parks, Recreation & Open SpaceWater & Sewer Service ExtensionStormwater ManagementAffordable HousingSchoolsGeneral CIP FundRoads & Other Transportation CostsFire & Rescue/Public SafetyLibrariesFY 09-10FY 10-11 FY 08-09Collected$284,759$41,400$1,189,183$262,743$391,748$122,879$209,880Expended$100,744 $337,851 $181,772 $1,589,011 $66,000 $191,410 $186,265$200,000$400,000$600,000$800,000$1,000,000$1,200,000$1,400,000$1,600,000$1,800,000$2,000,000ProfferedCollectedExpended$0$200,000$400,0002005200620072008200920102011 Proffer Activity FY2004-2011 total.xlsxCASH PROFFERS COLLECTED BY CATEGORY 2005-2011 CIP Schools Roads/Transp. Public Safety Parks/Rec Water/Sewer Stormwater Affordable Hsng.2005$67,600 $217,1592006$31,000 $10,4002007$629,539 $11,000 $131,300 $53,000 $9,344 $355,0002008$230,443 $1,000 $1,300 $3,000$27,0002009$15,130 $373,617 $50,000$3,0002010$75,129 $6,000 $35,7502011$112,103 $5,500 $60,527 $5,500$26,250$1,000,000$1,200,000$1,400,000Affordable Hsng.Stormwater$0$200,000$400,000$600,000$800,000$1,000,0002005 2006 2007 2008 2009 2010 2011Affordable Hsng.StormwaterWater/SewerParks/RecPublic SafetyRoads/Transp.SchoolsCIP Proffer Activity FY2004-2011 total.xlsxCASH PROFFERS EXPENDED BY CATEGORY 2005-2011General CIP Schools Roads/Transp. Public Safety Parks/Rec Water/Sewer Stormwater Affordable Hsng.2005$100,7442006$172,594 $165,2572007$12,690 $109,666 $50,000 $9,4162008$59,161 $475,000 $554,850$500,0002009$66,0002010$189,572 $1,8382011$74,880 $111,385$1,200,000$1,400,000$1,600,000$1,800,000Affordable Hsng.StormwaterWater/Sewer$0$200,000$400,000$600,000$800,000$1,000,000$1,200,000$1,400,0002005 2006 2007 2008 2009 2010 2011StormwaterWater/SewerParks/RecPublic SafetyRoads/Transp.SchoolsGeneral CIP COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: September, 2011 Grant Applications SUBJECT/PROPOSAL/REQUEST: Summary of Grant applications submitted in September, 2011 STAFF CONTACT(S): Messrs. Foley, Elliott, Davis, White LEGAL REVIEW: Yes AGENDA DATE: November 2, 2011 ACTION: INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: X ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: Pursuant to recent revisions to the County’s Grants Policy and associated procedures, periodic information on the County’s application for and use of grants are to be provided to the Board. DISCUSSION: The attached information provides a brief description of two grant applications submitted by County departments in September 2011. It is not known at this time whether these grants will be awarded to the County; however, an appropriation request will be presented to the Board at a future meeting should funding be awarded. BUDGET IMPACT: The budget impact is noted in the summary of each grant. RECOMMENDATIONS: This report is for information only. ATTACHMENTS September 2011 Grant Applications Return to consent agenda Return to regular agenda FEMA – Assistance to Firefighter Grant Applicant Department/Agency – Fire/Rescue Local Program – Volunteer Firefighter Training Funds Amount Requested - $126,765 Local Match - $31,691 reserved from Grants Matching Funds Receipt of this grant will not require future commitment from the County for staffing. However, training needs will continue regardless of whether the grant is received or not and the County will need to determine how to fund future required training for firefighters. VML Insurance Company Applicant Department/Agency – Human Resources Local Program – Safety Amount Requested - $2,000 No Local Match Required Planned Use of Grant Funds The money will be used for 2 things: 1. Purchase ergonomic equipment for various departments in an effort to prevent/address musculoskeletal disorders in the workplace.2. Attend the annual Virginia Occupational Safety and Health conference hosted by the Virginia Department of Labor and Industry. Receipt of funds will not require any future commitment from the County. Return to exec summary Planned Use of Grant Funds: To provide necessary training to bring volunteer firefighters to the National Firefighter Protection Agency (NFPA) minimum standard of Firefighter 1. Our current training staff in ACFR has the capacity to train fewer volunteer firefighters than we are able to attract through our recruiting efforts. The grant will provide funding for training as follows: 1. $115,000 - instructor costs for Firefighter 1 and 2 (NFPA 1001) 2. $4,000 - instructor costs for instructor training (NFPA 1041) this is "train-the-trainer" training. 3. $15,456 - to send employees to Hazmat training to attain Technician/Specialist level as part of commitment to regional hazmat team. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Video streaming Board of Supervisors’ Meetings SUBJECT/PROPOSAL/REQUEST: Discussion of options and resources required for video streaming Board of Supervisors meetings STAFF CONTACT(S): Messrs. Foley, Davis, and Culp; and Ms. Catlin and Ms. Jordan LEGAL REVIEW: Yes AGENDA DATE: November 2, 2011 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: No REVIEWED BY: BACKGROUND: Board members recently inquired about the possibility of video streaming Board meetings to increase the transparency of the Board’s activities and to allow individuals who are unable to attend the meetings to view them. This agenda item provides information regarding what other Virginia localities are doing and provides a staff recommendation if Board members would like to pursue the possibility of video streaming the County’s Board meetings. DISCUSSION: To estimate potential citizen interest in video streaming, staff researched Board meeting podcast download trends since Board meeting podcasting began in 2006. As the chart below indicates, there has been a steady and significant increase in the number of podcast downloads in the past five years, with the highest level of downloads occurring in the first quarter of 2011. Based on the first two months of data for the current quarter, the final number for this quarter is expected to surpass that record number. The trend indicates that the public is interested in accessing audio records of Board meetings, particularly since the County provides podcasts within 24 hours of the Board meeting in most instances. Podcasting Trends: YEAR Q1 Jan-Mar Q2 Apr-Jun Q3 Jul-Sep Q4 Oct-Dec 2006 ** ** 167 230 2007 355 903 979 1,259 2008 5,779 6,946 10,192 9,542 2009 11,388 13,440 14,275 15,672 2010 14,435 8,669 2,451 7,483 2011 22,292 19,074 17,776(Jul/Aug) --- Peer Locality Research: In order to assess how Virginia peer localities are approaching video streaming, County staff researched sixteen localities in Virginia that are frequently used by Albemarle County for benchmarking purposes. Of those localities, six are not currently video streaming - Hanover, Augusta, Bedford, Rockingham, Frederick and Spotsylvania. Ten are video streaming either alone or in combination with cable television to broadcast their meetings. The table below provides details on these ten jurisdictions: Jurisdiction Population Cable Broadcast Video Stream Archives Stafford 128,961 Live/Playback Live/Playback X Roanoke 92,376 Live/Playback Playback X Montgomery 94,392 Playback Playback X James City 67,009 Live/Playback Playback X Charlottesville 43,475 Live/Playback Live/Playback X Louisa 33,158 N/A Playback X Henrico 306,935 N/A Playback X AGENDA TITLE: Video streaming Board of Supervisors’ Meetings November 2, 2011 Page 2 Loudoun 312,311 Playback Playback X Fairfax 1,081,726 Live/Playback Playback X Prince William 402,002 N/A Playback X All ten localities provide a “video-on-demand” service. “Video-on-demand” includes the live video and/or the ability to view recorded meetings “on demand.” Seven of the ten localities used cable broadcast capabilities prior to initiating video streaming. Having the cable franchise in place beforehand helped reduce the initial costs for the video streaming service with regard to equipment purchase, staff training, and other operational requirements. The ten localities procure outside services with a range of costs to provide full video streaming capability to their website users. There doesn’t seem to be a favored service provider. The most expensive services provide a function that connects specific agenda items to the appropriate video section. This feature allows viewers to fast forward or skip entire sections and thereby view only the agenda items they prefer. Currently the County is using a Board agenda system developed with in-house resources that could work in combination with either of the video streaming systems described below. The following information provides several cost options to give the Board an idea of the magnitude of the expense associated with this service. (Costs are approximate and would need to be further defined based on direction provided by the Board):  Granicus o $ 8,175.00 onetime start up cost for software o $ 500.00 onetime purchase of cameras (three portable cameras) o $ 13,920.00 annual recurring cost o Staff resources – This service would require staff training and resources during the meeting to video the proceedings and after the meeting to post the video online  Peg Central/Leightronix o $ 18,778.00 onetime start up cost for software (includes three portable cameras) o $ 4,700.00 annual recurring cost o Staff resources – This service would require staff training and resources during the meeting to video the proceedings and after the meeting to post the video online Both options provide three portable cameras. Typically, one camera is set up facing the audience, one camera is set up facing the Board, and the third camera is either set up facing the Board to provide a larger view of the Board, or it is used as a back-up if one of the first two cameras fail. While the exact staffing impact is difficult to calculate precisely due to unknown length of Board meetings, at a minimum, one person who is knowledgeable in operating video equipment would be responsible to be present at the Board meeting to assure the cameras are operating correctly, to switch the video stream view to capture the speakers and the overhead presentations, and to assure that the video stream is going out. In addition, that person would spend approximately one hour prior to the Board meeting to set up the equipment, and approximately one hour after the Board meeting to dismantle the equipment. Time would also be required after each meeting to post the video on the County website. The cameras are portable, which would allow video streaming to be used for other meetings in the County Office Building. However, there may be additional fees associated with those uses. Currently there is no funding allocated for video streaming Board meetings and there are no staff resources currently identified to assume those additional responsibilities. Staff considered the use of volunteers, but recommends against that due to the need for a reliable, consistent resource to ensure the timely and professional delivery of the service. All of the localities that staff researched are using staff or cable company resources to run the cameras and provide post -processing services. A new staffing resource would need to be identified to handle the new responsibilities that would be creat ed by video streaming. AGENDA TITLE: Video streaming Board of Supervisors’ Meetings November 2, 2011 Page 3 BUDGET IMPACT: The budget impact of this item would depend on the option that the Board is interested in pursuing as set forth above. There would be start up and operating budget impacts, and the staff ing impact would depend on the level of service desired by the Board. RECOMMENDATIONS: Staff recommends that the Board consider the information provided and provide staff further guidance regarding the video streaming of Board meetings. If the Board is interested in pursuing video streaming, staff recommends that the Board direct staff to proceed with researching the best possible video-on-demand system and include the project as a new initiative in the upcoming operating budget process. Return to agenda October 26, 2011 TO: Members, Albemarle County Board of Supervisors Albemarle County Executive FROM: David C. Blount, Legislative Liaison RE: TJPD Legislative Program Attached is the draft 2012 TJPD Legislative Program. As I discussed when I met with you in September, I will be presenting the program and seeking your approval of it at your November 2nd meeting. Most of the priority items, the titles of which are listed below, have been regional priorities for a number of years. I would like to draw your particular attention to a new priority position on Secondary Road Devolution, as well as to the State/Local Funding and Chesapeake Bay TMDL positions, which also incorporate some new statements within these existing positions. 1) Secondary Road Devolution 2) State/Local Funding and Revenues 3) Public Education Funding 4) Chesapeake Bay TMDL 5) Transportation Funding 6) Land Use and Growth Management 7) Comprehensive Services Act As in the past, the legislative program draft also contains sections that highlight ongoing local government positions. You will note just several changes in these sections under “Areas of Continuing Concern,” where new language is underlined and language proposed for deletion is stricken. I will be happy to discuss suggested changes or additions to the draft program that you may have when we meet on November 2. Thank you. Recommended Action: Approve the draft TJPD legislative program, understanding that additional, suggested revisions to the draft may be incorporated into the final version. View attachment Return to agenda 2012 Thomas Jefferson Planning District Legislative Program Representing the Local Governments of: Albemarle County City of Charlottesville Fluvanna County Greene County Louisa County Nelson County October 2011 Joe Chesser, Chairman Steve Williams, Executive Director David Blount, Legislative Liaison Legislative Position of TJPDC, Charlottesville, and the Counties of Albemarle, Fluvanna, Greene, Louisa and Nelson The Planning District localities are strongly opposed to any legislation or regulations that would transfer responsibility to counties for construction, maintenance or operation of current or new secondary roads. The Administration is examining the possibility for shifting the responsibility for certain functions of the state’s secondary road system to localities. A report produced last summer for the Commonwealth Transportation Board bolstered the argument for this “devolution” by noting that the state’s “secondary construction and maintenance budgets are declining, the system’s condition is deteriorating, the cost to restore the system to a state of good repair is increasing, funds for new construction have evaporated, and VDOT is required to continue to accept new roads into the secondary system.” Indeed, for FY11, VDOT allocated about $410 million to secondary road construction and maintenance (down about one-third from the FY07 figure). Ever-increasing amounts of state construction dollars are being transferred annually to maintain existing infrastructure. Prior examinations have rated nearly one-third of secondary road mileage as having deficient pavement. With nearly 50,000 miles of roads, Virginia’s secondary road system is four times larger than the network of roads maintained by cities, towns and the tw o counties that maintain their own roads. Efficient and effective transportation infrastructure, including the secondary road system, is critical to a healthy economy, job creation, a cleaner environment and public safety. In the past 20 years, the number of miles travelled on Virginia roadways has steadily increased, while the attention to maintaining the secondary system has taken a back seat. Shifting the responsibility for secondary roads to local entities could result in vast differences among existing road systems in different localities, potentially placing the state at a competitive economic disadvantage with other states when considering business and job recruitment and movement of goods. We question if it is less costly for Virginia taxpayers to have local governments, which lack the capacity, to maintain secondary roads, and lose the economies of scale of having those functions performed by a single state agency that has had that responsibility nearly a century. What will be the costs to taxpayers of the inefficiencies of duplication arising from nearly 100 local transportation departments? While such a plan might buoy the state’s transportation budget, it will only shift the burden of paying for these necessary transportation costs to homeowners’ real estate tax bills, and the political liability for unpopular tax increases to local elected officials. Before the Administration recommends devolution of the secondary roads system, any proposal must be based on a collaboratively-developed plan and timetable that ensures a smooth transition, appropriate and adequate local authority over transportation and land use planning, and access to adequate locally-controlled resources and revenue authority, without further burden to local property owners. PRIORITY ITEMS SECONDARY ROAD DEVOLUTION Legislative Position of TJPDC, Charlottesville, and the Counties of Albemarle, Fluvanna, Greene, Louisa and Nelson The Planning District localities urge the governor and legislature to 1) honor their funding obligations to localities; 2) resist shifting costs for state programs to localities; and 3) not further restrict local revenue authority. Further, the state and local governments should jointly examine contractual relationships for services the state requires localities to deliver. Stagnant local revenues, along with disappearing federal stimulus dollars and coming teacher retirement rate increases, will present formidable challenges to local budgets this year. Two things that will be hard to come by: meaningful increases in state aid for locally-provided services and restoration of previous cuts in core programs. Unfortunately, recent state funding reductions have not been accompanied by program changes that could alleviate financial burdens on localities. Underfunded/unfunded state requirements and “cost shifting” by the state reduce local ability to meet local needs to pay for programs and services. Increased demand for services primarily funded at the local level present unique challenges to rural, urban and fast-growing localities alike (all present in our region). Accordingly, we believe reduction or elimination of state funding for state-required services/programs should be accompanied by relaxation or suspension of the state requirement or flexibility for the locality to meet the requirement. Further, the state and localities should examine the concept of a contractual relationship for services that the state requires localities to deliver. This would be an important step, given that 1) most state aid to local governments pays for services localities are mandated to provide; 2) state standards prescribe how services are to be delivered; and 3) localities have to meet such standards regardless of the costs. Local governments also are overly dependent on real estate taxes that continue to produce less revenue due to the sluggish housing market. Therefore, any changes to Virginia’s tax code or in state policy should not reduce local government revenues or restrict local taxing authority. This includes proposals to alter or eliminate the BPOL and Machinery and Tools taxes, or to divert Communications Sales and Use Tax Fund revenues intended for localities to other uses. Instead, the legislature should broaden the revenue sources, including authority to levy a food and beverage tax, available to local governments. The state should refrain from establishing local tax policy at the state level and allow local governments to retain authority over decisions that determine the equity of local taxation policy. We also request the following: The state should restore across-the-board reductions in aid-to-localities. These funds provide financial assistance for local implementation of state-required or state high-priority programs. If the state cannot meet this commitment, then program regulations, criteria, and administrative requirements should be adjusted to reflect the decrease in state resources. The governor and legislature should protect the future integrity of the Virginia Retirement System, while exploring the viability and benefits of allowing local governments 1) to require Plan 1 employees to pay their share of retirement contributions, and 2) to offer defined contribution retirement plans to their employees. Finally, the General Assembly should ensure the appropriate collection of transient occupancy taxes from online transactions. STATE/LOCAL FUNDING and REVENUES Legislative Position of TJPDC, Charlottesville, and the Counties of Albemarle, Fluvanna, Greene, Louisa and Nelson The Planning District localities urge the legislature to fully fund the state share of the realistic costs of the Standards of Quality without making allocation formula and policy changes that reduce state funding or shift additional funding responsibility to localities. The state will spend nearly $5 billion on public education in FY12, just under 30% of its general fund budget (a drop of over five percent from FY09). This level of funding for FY12 is expected to be over $600 million less than the FY09 amounts. Meanwhile, local governments boost education funding by spending over $3 billion more per year than required by the state. Recent reductions in state funding for public education were accomplished in large part through a number of K-12 policy changes that will lessen the state’s funding obligations moving forward. For example, the state “saved” millions of dollars by shifting costs to localities through making some spending ineligible for state reimbursement or lowering the amount of the payback. It also imposed a cap on state funding for education support personnel in FY10. While we oppose such actions, we believe localities and school divisions should be given flexibility to meet requirements and management their budgets when such reductions and cost-shifting occur. We also urge the state to resist further policy changes that would require localities to fund a greater share of costs. State funding should be realistic and recognize actual educational needs, practices and costs; otherwise, more of the education funding burden will fall on local real estate taxes. The state budgeted teacher salary figure (on which it bases its share of teacher costs) trails the statewide and national averages. Teacher pay comprises the majority of K-12 expenditures, and local market conditions dictate the level of pay required to recruit and retain quality teachers. Accordingly, localities in our region should be included in the “Cost of Competing Adjustment” now available only to various localities primarily in Northern Virginia. This would help our localities to reach and maintain competitive compensation. Likewise, to help recruit, develop and retain a highly qualified and diverse teacher workforce, the state also should not eliminate or decrease state funding for benefits for school employees. Concerning the Local Composite Index (LCI), we support 1) establishment of a mechanism for local appeal of the calculated LCI to the state; and 2) changes to redefine the local true values component of the formula to include land use taxation value, rather than fair market assessed value, for properties that have qualified and are being taxed under a land use value program. Regarding school capital needs, we continue to urge state financial assistance with school construction and renovation needs, including funding for the Literary Loan and interest rate subsidy programs. The state should resist its customary seizing of dollars from the Literary Fund to pay state costs for teacher retirement. PUBLIC EDUCATION FUNDING Legislative Position of TJPDC, Charlottesville, and the Counties of Albemarle, Fluvanna, Greene, Louisa and Nelson The Planning District localities support the goal of improved water quality, but it is imperative that we have major and reliable forms of financial and technical assistance from the federal and state governments if comprehensive water quality improvement strategies for local and state waters emptying into the Chesapeake Bay are to be effective. We support fairness in applying requirements for reductions in nutrient and sediment loading across source sectors, along with accompanying authority and incentives for all sectors t o meet such requirements. We believe fairness across sectors will require appropriate regulatory mechanisms at both the state and local government levels. The Planning District localities are in strong agreement that we will oppose actions that impose monitoring, management or similar requirements on localities without providing sufficient resources. As the result of various court settlements concerning the Clean Water Act of 1972, the Environmental Protection Agency is enforcing water quality standards in the Chesapeake Bay watershed by imposing a pollution diet (known as Total Maximum Daily Load, or TMDL) to reduce pollution to acceptable levels. Bay states submitted plans showing how they will achieve TMDL goals for reducing nitrogen, phosphorous and sediment flowing into the Bay. The proposed TMDL and Virginia Watershed Implementation Plan require two-year milestones for the state and localities. As local governments will be greatly impacted by initiatives to reduce pollutants into state waters of the Bay watershed, it is imperative that aggressive state investment in meeting such milestones occurs. This investment must take the form of authority, funding and other resources being in place to assure success, and must ensure that cost/benefit analyses are conducted of solutions that generate the greatest pollution reductions per dollar spent. Local governments are particularly concerned about the various effects on their communities and their economic growth. There will be costs to meet reduced pollutant discharge limitations for localities that own/operate treatment plants. Local governments will be required to develop and implement nutrient management programs for certain large, public properties. Costs for stormwater management regulations will fall on both new development and redevelopment. There will be economic impacts due to increased cost for compliance by agriculture and increased fees charged by the permitted dischargers. Accordingly, we recommend and request the following: 1. Sufficient state funds for the full cost of implementing TMDL measures that will be required of local governments, including those associated with revised stormwater management regulations and any new requirement for locally-implemented stormwater management programs. 2. Sufficient federal funds for grants and low-interest loans for capital costs, such as for permitted dischargers to upgrade treatment plants and for any retrofitting of developed areas, while minimizing the economic impact of increased fees. 3. Sufficient state funding for and direction 1) to the Cooperative Extension Service and Soil and Water Conservation Districts to aid farmers with best management practices (BMP) in their operations, and 2) to the Soil and Water Conservation Board for monitoring resource management plan compliance. 4. Any expansion of the Nutrient Exchange Program to allow trading and offsets of nutrients among stormwater, onsite septic, wastewater, agriculture and forestry should be contained within and be relevant to a particular watershed, and should ensure that monetary exchanges are equivalent to the costs of the applicable BMP offset. CHESAPEAKE BAY TMDL Legislative Position of TJPDC, Charlottesville, and the Counties of Albemarle, Fluvanna, Greene, Louisa and Nelson The Planning District localities urge the state to establish separate, dedicated and permanent state revenue streams to expand and maintain our transportation infrastructure. We urge the state to restore formula allocations for secondary/urban construction and for unpaved roads, and to preserve urban street maintenance dollars. Local governments need sustainable, dedicated, non-general funds from the state to support our transportation network. Absent such an investment, Virginia faces a congestion and mobility crisis that will stifle economic growth and negatively affect the quality of life of our residents. The need to fund a declining transportation infrastructure is dire and state dollars remain inadequate. Maintenance of the existing system continues to grow, with nearly $2 billion being spent yearly on maintenance, of which one-half billion dollars being transferred from the construction to the maintenance budget. In addition, formula distributions for unpaved roads and primary/urban/secondary construction have been eliminated. We urge the state to fund transportation needs with stable and recurring revenues that are separate from the general fund and that are sufficient to meet Virginia’s well-documented highways, transit and other needs. We believe the state should direct its funding efforts at all transportation modes, both statewide and regionally, targeting investments to solutions that put money to work on new ideas and in tandem with leveraging private investment. We urge the state to restore formula allocations for secondary/urban construction and for unpaved roads. We also support stable and increasing dollars for cities and towns to maintain roads within their jurisdictional boundaries. We believe state funding should account for urban area needs where public transportation is important, the increasing traffic demands placed on fast-growing localities and ongoing improvements necessary on rural, secondary roads. We believe these improvements are vital to our region’s ability to respond to local and regional congestion and economic development issues. We support ongoing state and local efforts to coordinate transportation and land use planning, without eroding local land use authority, and state incentives for localities that do so. We urge VDOT to be mindful of local comprehensive, land use and bicycle/trail plans, as well as regional transportation plans, when conducting corridor or transportation planning within a locality or region. We also take the following positions: 1) We support enabling authority to establish mechanisms for funding transit and non- transit projects in the region, including funding for existing and future state-supported inter-city and high speed passenger rail. 2) While we opposed the closing of VDOT’s Louisa residency facilities and support its reopening, we also support the option for the locality to purchase the property. TRANSPORTATION FUNDING Legislative Position of TJPDC, Charlottesville, and the Counties of Albemarle, Fluvanna, Greene, Louisa and Nelson The Planning District localities encourage the state to provide local governments with additional tools to manage growth, without preempting or circumventing existing authorities. In the past, the General Assembly has enacted both mandated and optional land use provisions applicable to local governments in order to address growth issues. While some have been helpful, others have prescribed one-size-fits-all rules that hamper preparing for growth across localities that approach their land use planning differently. Preemption or circumvention of existing local authority hinders localities in implementing the comprehensive plan or regulating land uses. Moreover, current land use authority often is inadequate to allow local governments to provide for balanced growth in a manner that protects and improves quality of life. The General Assembly should grant localities additional tools necessary to meet important infrastructure needs that are driven by development. We endorse efforts to have impact fee and proffer systems that are workable and meaningful for various parties, but we oppose attempts to weaken our current proffer authority. Rather, we support the road impact fee authority, adopted in 2007, being revised to include additional localities and to provide the following: 1) a fair allocation of the costs of new growth on public facilities; 2) facility costs that include various transportation modes, schools, public safety, libraries and parks; 3) effective implementation and reasonable administrative requirements; and 4) no caps or limits on locality impact fee updates. Further, to enhance our ability to pay for infrastructure costs and to implement services associated with new developments, we support localities being given authority to enact local ordinances for determining whether public facilities are adequate (“adequate public facility,” or APF ordinances). We also take the following positions: 1) We support optional cluster development as a land use tool for local governments. 2) While we support the concept of urban development areas (UDAs) as contained in the Code, we also support making the use of UDAs optional for localities. 3) Concerning conservation of land, we support a) dedicated state funding for acquiring, preserving and maintaining open space; b) full authority to generate local dollars for such efforts; c) additional incentives for citizens to create conservation easements; and d) authority for localities, at their option, to enact scenic protection and tourist enhancement districts. 4) The General Assembly should define “lost profits” and lost access” in the proposed Constitutional amendment on eminent domain before submitting it to referendum. Any definitions should be fair to both property owners and taxpayers who pay for public improvements and not apply to temporary conditions. LAND USE and GROWTH MANAGEMENT Legislative Position of TJPDC, Charlottesville, and the Counties of Albemarle, Fluvanna, Greene, Louisa and Nelson The Planning District localities urge the state to be partners in containing costs of the Comprehensive Services Act (CSA) and to better bal ance CSA responsibilities between state and local government. Since the inception of the Comprehensive Services Act in the early 1990’s, there has been pressure to hold down costs, to cap state costs for serving mandated children, to increase local match levels and to make the program more uniform by attempting to control how localities run their programs. After four years of steep increases (ranging from five to 16 percent) in state and local costs of residential and non-residential mandated services, CSA pool expenditures for state and local governments have declined the last several years. Costs remain challenging to forecast because of factors beyond state and local control (number of mandated children in a community, severity of problems, service rates, and availability of alternative funding). In addition, localities pay the overwhelming majority (80%) of costs to administer this shared program. State dollars for administration have not increased since the late 1990’s. At the same time, administrative costs have jumped due to additional data collection/compilation and reporting requirements. Therefore, we support the following: 1) The state should either provide additional funding for administrative support or revise its data collection and reporting requirements; 2) The state should provide full funding of the state pool for CSA, with allocations based on realistic anticipated levels of need; and 3) The state should establish a cap on local expenditures in order to combat higher local costs for serving mandated children, costs often driven by unanticipated placements in a locality. We believe that the categories of populations mandated for services should not be expanded unless the state pays all the costs. We also urge the state to be proactive in making residential facilities and service providers available, especially in rural areas. In a further effort to help contain costs and provide some relief to local governments, we recommend that the state establish contracts with CSA providers to provide for a uniform contract management process, improve vendor accountability and control costs. We encourage the state to consider penalties for individuals who have had children removed from their care due to abuse or neglect. We also support local and regional efforts to address areas of cos t sharing among localities by procuring services through group negotiation. COMPREHENSIVE SERVICES ACT AREAS OF CONTINUING CONCERN The Planning District’s member localities recognize economic development and workforce training as essential to the continued viability of the Commonwealth. We support policies that closely link the goals of economic and workforce development and the state’s efforts to streamline and integrate workforce activities and revenue sources. We also support increased state funding for workforce development programs.  We support the state’s Economic and Workforce Development Strategic Plan for the Commonwealth that more clearly defines responsibilities of state and local governments and emphasizes regional cooperation in economic, workforce and tourism development.  We support enhanced funding for the Regional Competitiveness Act to continue meaningful opportunities for regional projects. We also support increased state funding for the Industrial Site Development Fund, the Governor’s Opportunity Fund and tourism initiatives that help promote economic development in localities and regions.  We encourage the state and local governments to work with other entities to identify and promote local, regional and state agricultural products and to encourage expansion and opportunities for rural enterprises.  We oppose restructuring of the Virginia Cooperative Extension Service (VCES) that would eliminate beneficial extension agents and/or increase the financial burden on local governments for the same service; rather, we support continued state funding for VCES and the services that extension agents provide in localities.  We appreciate and encourage continuing state incentives and support for expediting deployment and reducing the cost of broadband technology, particularly in underserved areas. The Planning District’s member localities believe that environmental quality should be funded and promoted through a comprehensive approach, and address air and water quality, solid waste management, land conservation, climate change and land use policies. We are committed to protection and enhancement of the environment and recognize the need to achieve a proper balance between environmental regulation and the socio-economic health of our communities within the constraints of available revenues. Such an approach requires regional cooperation due to the inter-jurisdictional nature of many environmental resources, and adequate state funding to support local and regional efforts. We believe the following:  The state should not impose a fee, tax or surcharge on water, sewer, solid waste or other local services to pay for state environmental programs. To do so would set a disturbing precedent whereby the state could levy surcharges on local user fees to fund state priorities. ECONOMIC and WORKFORCE DEVELOPMENT ENVIRONMENTAL QUALITY  The legislature should provide funding for wastewater treatment and other necessary assistance to localities as it works to clean up the state’s impaired waterways. The state also should explore alternative means of preventing and remediating water pollution.  The state should not enact legislation mandating expansion of the area covered by the Chesapeake Bay Preservation Act. Instead, the state should 1) provide legal, financial and technical support to localities that wish to comply with an y of the Act’s provisions, 2) allow localities to use other practices to improve water quality, and 3) provide funding for other strategies that address point and non-point source pollution.  We support legislative and regulatory action to ensure that alternative on-site sewage systems (AOSS) will be operated and maintained in a manner that protects public health and the environment.  The state should be a partner and advocate for localities in water supply development and should work with and assist localities in addressing water supply issues, including investing in regional projects. Also, the state’s water supply planning efforts should continue to involve local governments.  We support legislation enabling localities, as a part of their zoning ordinances, to designate and/or reasonably restrict the land application of biosolids to specific areas within the locality, based on criteria designed to further protect the public safety and welfare of citizens. In addition, we support increased local government representation on the Biosolids Use Regulation Advisory Committee (BURAC). The Planning District’s member localities recognize that special attention must be given to developing circumstances under which people, especially the disabled, the poor, the young and the elderly, can achieve their full potential. Funding reductions to community agencies are especially troublesome, as their activities often end up preventing more costly services later. The delivery of health and human services must be a collaborative effort from federal, state and local agencies. We urge the General Assembly to ensure funding is available to continue such valuable preventive services.  We oppose any changes in state funding or policies that result in an increase of the local share of costs for human services.  The state should increase funding to the Virginia Juvenile Community Crime Control Act (VJCCCA) program, which has cut in half the number of Department of Juvenile Justice commitments over the past decade. Further, the state should maintain a formula-driven allocation process for VJCCCA funding.  The state should provide sufficient funding to allow Community Services Boards (CSBs) to meet the challenges of providing a community-based system of care, including maximizing the use of Medicaid funding. We believe children with mental health needs should be treated in the mental health system, where CSBs are the point of entry. We support state action to increase investment in the MR waiver program for adults and young people and Medicaid reimbursement for children’s dental services. We also oppose any shifting of Medicaid matching requirements from the state to localities. HEALTH and HUMAN SERVICES  We support funding for mental health and substance abuse services at juvenile detention centers.  We oppose new state or federal entitlement programs that require additional local funding.  We support the provision of sufficient state funding to match all available federal dollars for the administration of mandated services within the Department of Social Services, and to meet the staffing standards for local departments to provide services as stipulated in state law.  We support sufficient state funding assistance for older residents, to include companion and in home services, home delivered meals and transportation.  We support the continued operation and enhancement of early intervention and prevention programs (and renewal of CSA Trust Fund dollars to support them), including school- based prevention programs which can make a difference in children’s lives. This would include the state’s program for at-risk four-year-olds, and the Child Health Partnership and Healthy Families programs.  The legislature should provide full funding to assist low-income working and TANF (and former TANF) families with childcare costs. These dollars help working-class parents pay for supervised day care facilities and support efforts for families to become self-sufficient. We oppose any initiatives to shift traditional federal and state childcare administrative responsibility and costs to local governments. We believe the current funding and program responsibility for TANF employment services should remain within the social services realm. We also support a TANF plan that takes into account and fully funds state and local implementation and support services costs. The Planning District’s member localities believe that every citizen should have an opportunity to afford decent, safe and sanitary housing. The state and local governments should work toward expanding and preserving the supply and improving the quality of affordable housing for the elderly, the disabled and low- and moderate-income households. Regional housing solutions and planning should be implemented whenever possible.  We support the following: 1) local flexibility in the operation of affordable housing programs, 2) creation of a state housing trust fund, 3) local flexibility in establishment of affordable dwelling unit ordinances, 4) the award of grants and loans to low- or moderate- income persons to aid in purchasing dwellings, and 5) the provision of other funding to encourage affordable housing initiatives.  We support enabling legislation that allows property tax relief for community land trusts that hold land for the purpose of providing affordable homeownership.  We support measures to prevent homelessness and to assist the chronic homeless.  We support incentives that encourage rehabilitation and preservation of historic structures.  We support retaining local discretion to regulate the allowance of manufactured homes in zoning districts that permit single-family dwellings. HOUSING  We encourage and support the use of, and request state incentives for using environmentally friendly (green) building materials and techniques, which can contribute to the long-term health, vitality and sustainability of the region. The Planning District’s member localities encourage state financial support, cooperation and assistance for law enforcement, emergency medical care, criminal justice activitie s and fire services responsibilities carried out locally.  We urge the state to make Compensation Board funding a top priority, fully funding local positions that fall under its purview. It should not increase the local share of funding constitutional offices or divert funding away from local offices, but increase money needed for their operation. Local governments continue to provide much supplemental funding for constitutional officer budgets when state funding is reduced.  We urge continued state funding of the HB 599 law enforcement program (in accordance with Code of Virginia provisions), the drug court program and the Offender Reentry and Transition Services (ORTS) (formerly Pre-Release and Post-Incarceration Services (PAPIS)), Community Corrections and Pretrial Services Acts. We also support continued state endorsement of the role and authority of pretrial services offices.  The state should continue to allow exemptions from the federal prisoner offset and restore the per diem payment to localities for housing state-responsible prisoners to $14 per day. Also, the state should not shift costs to localities by altering the definition of state-responsible prisoner.  We support restoration of state funding responsibility for the Line of Duty Act.  We urge state funding for the Volunteer Firefighters’ and Rescue Squad Workers’ Service Award Program and other incentives that would help recruit and retain emergency service providers. Further, the state should improve access to and support for training for volunteer and paid providers.  We encourage shared funding by the state of the costs to construct and operate regional jails; however, we do not believe the state should operate local and regional jails. The Planning District’s member localities believe that since so many governmental actions take place at the local level, a strong local government system is essential. Local governments must have the freedom and tools to carry out their responsibilities.  We oppose intrusive legislation involving purchasing procedures; local government authority to establish hours of work, salaries and working conditions for local employees; matters that can be adopted by resolution or ordinance; and procedures for adopting ordinances. LOCAL GOVERNMENT STRUCTURE and LAWS PUBLIC SAFETY  We request that any changes to the Virginia Freedom of Information Act (FOIA) preserve 1) a local governing body’s ability to meet in closed session, 2) the list of records currently exempt from disclosure under FOIA, and 3) provisions concerning creation of customized computer records. We support changes to allow local and regional public bodies to conduct electronic meetings as now permitted for state public bodies. and to simplify how notice of special meetings is provided to local governing body members.  We support the State authorizing localities to increase the income and financial worth limitations for real property tax exemption or deferral programs.  We oppose any changes to state law that further weaken a locality’s ability to regulate noise or the discharge of firearms.  We support expanding local authority to regulate smoking in public places.  The state should amend the Code to require litigants in civil cases to pay for the costs associated with compensating jury members.  We support increased state funding for regional planning districts.  We support legislation to increase permissible fees for courthouse maintenance.  The state should ensure that local connectivity and compatibility are considered in any centralizing of state computer functions.  We oppose attempts to reduce sovereign immunity protections for localities.  We support enactment of an interest rate cap of 36% on payday loans, fees and other related charges. Return to memo COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Long Term Solid Waste Service Options SUBJECT/PROPOSAL/REQUEST: Process for evaluating future solid waste service options STAFF CONTACT(S): Messrs. Foley, Elliott, Davis, Graham, and Shadman LEGAL REVIEW: Yes AGENDA DATE: November 2, 2011 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: In October 2010, the Board reviewed options for solid waste services based on information provided by staff. The Board reviewed service level options and costs and decided to maintain the current level of service through short term agreements with the Rivanna Solid Waste Authority (RWSA). The County currently provides a support payment to the Authority to cover any operating deficits after revenues are considered. This action was taken after the City of Charlottesville advised RSWA and the County that they had no interest in continuing to receive services from RSWA’s Ivy facility. At a December 2010 meeting, staff advised the Board that the City had expressed an interest in continuing to support recycling services provided by RSWA at the McIntire Recycling Facility. The Board established expectations for the service agreements to continue solid waste and recycling services and directed staff to work with RSWA staff to develop agreements to continue these services while long term options were considered. In August 2011, the Board reviewed the RSWA support agreements for both the RSWA Ivy and McIntire Facilities (Attachments A and B) and authorized the County Executive to sign these agreements. While the agreements satisfied the Board expectations for services in the short term, questions remained as to whether or not RSWA could meet the County’s long term needs within the current structure of a regional authority, recognizing that a regional body with City representatives would be involved in the decisions regarding a service provided solely to County residents. To address this concern, the Board directed staff to prepare a review of how future services might be provided following RSWA’s consideration of the current Organizational Agreement. The RSWA Board conducted a review of the Organizational Agreement in early August and agreed to propose a change to the agreement to “allow” rather than “require” that RSW A provide services for the City and County. While this did not resolve the County’s long term direction, it did clarify that RSW A does not advocate to be the sole provider of solid waste services. The purpose of this agenda item is to seek Board direction on a preferred process for determining a long term strategy to meet the County’s solid waste needs. DISCUSSION: In considering long-term options for delivery of solid waste services, staff believes there are three options that the Board should consider: 1) Maintain a support agreement by which RSWA would continue to provide these services. The advantages of this option are that the RSWA has proven to be a cost effective service provider and is very experienced at providing these services at the Ivy facility. The disadvantages of this option are that the current Authority structure and the complexity of the service agreement make it difficult for the County to address long-term capital improvement requirements for services solely provided to County residents. For example, the current agreement is subject to 2 year periods and has non-appropriation clauses to avoid binding future Boards to this agreement. Both of those factors present a problem for RSWA financing major capital improvements. Similarly, the current RSWA Organizational Agreement makes it possible for the County representation on the RSW A Board to be a dissenting minority when RSWA adopts its annual budget. If the City representatives and the independent member of the RSWA Board included costs in the budget that the County found unacceptable, the County is left with the choice of either paying that cost or terminating the agreement. That would effectively leave the County with an ongoing short term agreement rather than a long-term solution to meet its solid waste needs. AGENDA TITLE: Long Term Solid Waste Service Options November 2, 2011 Page 2 2) Enter negotiations to either purchase or lease the part of the Ivy facility that provides the solid waste services and then either manage it with County employees or contract out the management to others. The advantages of this option are that the County assumes better financial control of its solid waste services and uses an existing facility rather than investing in a new facility. The disadvantages of this option are that the County has very little experience managing solid waste services and this would likely require a new permit from the Virginia Department of Environmental Quality (DEQ). The lack of experience could potentially be addressed by RSWA employees simply shifting to the County, however, the transfer of the operation to the County and the lease or purchase of the facility would be subject to approval by the RSWA Board. Additionally, with the potential of needing a new permit from DEQ, it is possible that an upgrade of the facility to meet current standards would be required. However, it is likely that an upgrade will be needed in any case to provide effective long term operations. 3) Identify a new location for constructing a transfer station and provide solid waste services independent of RSWA. The advantages of this option are that the County is no longer subject to the approval of the RSWA Board and the County can establish its own direction for providing long term solid waste services, including the financial planning and control of capital investments. This potential operation could be overseen by the Board of Supervisors through a County department or could be set up as an independent Authority similar to the Albemarle County Service Authority or as an additional responsibility of the Albemarle County Service Authority. The disadvantages of this option are that the County would need to undertake the often difficult and controversial siting of this new facility and the complexity of managing this new service. The management issue is very similar for options 2 and 3. Staff anticipates finding an acceptable location for a new facility would prove very controversial and the conditions to address concerns would increase the cost of services. Staff has not fully evaluated each of these options and has concerns that the information above lacks the expertise to provide a reliable analysis, especially with respect to the costs and other issues that may be associated with options 2 or 3. For staff to fairly compare the above options and their costs and assure that significant issues are not overlooked, we believe contracting with a consultant experienced in solid waste services is necessary and prudent given the significance of establishing a long term direction. Staff anticipates this would be contracted as a professional service and that the scope of services would be adjusted through negotiations rather than requesting a simple quote for a predefined service. BUDGET IMPACT: While staff has not discussed these services with potential consultants, it is thought that the cost would like ly be in the range of $30-40,000 for a preliminary analysis adequate to provide the necessary information for the Board to effectively evaluate the options. The FY12 CIP appropriation to the RSWA for environmental services has been evaluated as a possible funding source. Based on past expenditures and anticipated services in the year ahead, staff believes that a portion of this amount could be shifted to a consultant contract while still meeting all obligations under the RSW A Environmental Support Agreement. RECOMMENDATIONS: Staff recommends that the Board: 1) Direct staff to procure consulting services to evaluate the options as described above, as well as any other options. 2) Direct staff to prepare an appropriation request in an amount necessary for the consultant contract based on a negotiated scope of services. ATTACHMENTS: A – 8/23/11 Ivy Facility Agreement B – 8/23/11 McIntire Facility Agreement Return to agenda COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Albemarle County Environmental Stewardship Strategic Plan SUBJECT/PROPOSAL/REQUEST: Approval of Albemarle County Environmental Stewardship Strategic Plan STAFF CONTACT(S): Messrs. Foley, Letteri, Davis, Shadman and Lowe LEGAL REVIEW: Yes AGENDA DATE: November 2, 2011 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: At the September 7, 2011 Board meeting, the Board unanimously approved the recommendations in the Local Climate Action Planning Process (LCAPP) Report (Attachment A). The Board also rescinded the Resolution supporting the Cool Counties Climate Stabilization Declaration and directed staff to create new programmatic goals guided by the LCAPP Report and tailored to the specific needs of Albemarle County. With that guidance, staff utilized the LCAPP Report to develop a draft “Albemarle County Environmental Stewardship Strategic Plan” (The Plan) (Attachment B) for Board consideration. DISCUSSION: The Plan begins with vision and mission statements that have been adapted from the LCAPP Report’s Recommended Principles. The five principles contained in the LCAPP Report are used to create the following Vision and Mission statements: Vision: To enable the Albemarle County community to reap the health, economic and environmental benefits of sound energy-based decisions by recognizing the Local Climate Action Planning Process Report of 2011 as a guiding document upon which to build a multi-year program. Mission: To continue to demonstrate leadership in energy reductions at the local level; to build on existing synergies by continued collaboration with all community partners; to integrate the role of energy conservation and carbon emissions in projects and planning; and to equip the community at all levels to make informed decisions about impacts of energy efficiencies. The Goals and Objectives have been created using the LCAPP Five-Part Framework action strategies and include internal and external components. All goals and objectives are voluntary efforts and do not contain any mandates or regulatory actions. Staff has included in this summary the Goals and a few condensed objectives. Goal 1: Reduce energy demand in all County owned buildings and promote energy conservation throughout the County. Objective 1.1: Pursuit of Energy Management and Conservation in County owned facilities. This objective includes a target of 40% total energy reduction by 2017 from the baseline year of 2005. Objective 1.2: Supporting Governor McDonnell’s 2010 Virginia Energy Plan to reduce electricity demand in the Commonwealth by 10% by 2022 through conservation and efficiency. Goal 2: Improve travel efficiencies to reduce energy consumption and emissions. Objective2.1: Reduce fuel consumption in County owned vehicles by 20% by fiscal year 2017 and by 2020 have 25% of fleet operating on alternative fuels. Objective2.3: Encourage fuel reduction within the community and promote alternatives and options for the community to reduce fuel usage. Goal 3: Promote and pursue the reduction of waste that goes to the landfill. Objective3.1: Decrease the volume of materials generated by the County and sent to landfill by 2% each year for 10 years. Objective 3.2: Increase awareness and opportunities within the community to increase the recycling rate in Albemarle County. AGENDA TITLE: Albemarle County Environmental Stewardship Strategic Plan November 2, 2011 Page 2 If the Vision and Mission statements and the Goals and Objectives meet the Board’s approval, staff will immediately begin to develop an action plan to be completed and in place for Fiscal Year 2013. Staff will provide biennial progress reports to the Board of Supervisors. BUDGET IMPACT: All funds to support the Plan would be submitted for approval each fiscal year as part of the General Services Operating and CIP budgets after action plans have been developed. The Plan will be clearly identified for Board review and enable the opportunity for discussion during the budget process. RECOMMENDATIONS: Staff recommends that the Board: 1) approve the proposed “Albemarle County Environmental Stewardship Strategic Plan”; and 2) direct staff to develop an action plan for FY 2013. ATTACHMENTS A – LCAPP Report B – Albemarle County Environmental Stewardship Strategic Plan Return to agenda LCAPP Local Climate Action Planning Process Report August 2011 Cover and page 3 graphics by Andrew Greene Report layout by Susan Elliott Presented to: Planning and Coordination Council Technical Committee (PACC Tech) – August 4, 2011 Planning and Coordination Council (PACC) – August 18, 2011 Charlottesville City Council – September 6, 2011 Albemarle County Board of Supervisors – September 7, 2011 August 2011 Dear Elected Officials and the Community at Large, We, the members of the Local Climate Action Planning Process (LCAPP) Steering Committee, are very pleased with the outcome of this year and a half long process. The Steering Committee itself was balanced in terms of its members, including full participation by the University of Virginia. The Working Groups were made up of local subject matter experts, whose understanding of barriers and opportunities also helped inform this report. When viewed through the climate change lens, the Charlottesville-Albemarle community is a community to be celebrated for: • its many efforts to build and develop sustainably • its passionate residents whose commitment to living sustainably supports many local businesses and farms • improving the quality of life for its residents through trails, parks and the protection of open space • providing safe and inexpensive public transportation • following through on its Cool Counties and Mayor’s Climate Agreement commitments by forming LCAPP in the first place and doing so cooperatively If we learned anything during this process, we learned that we want to take a positive approach to suggesting ways for lowering our community’s energy consumption and thus greenhouse gas emissions. Ultimately, who will disagree with the following? • saving money and creating jobs by making our buildings more energy efficient is a good thing • all of us would like to spend less time in our cars and more time with our friends and families • new technologies that can help us create energy with less pollution are important to support • in general, the old adage of ‘waste not, want not’ is probably true when it comes to the things we buy, use and potentially throw away • wise conservation of our natural infrastructure is necessary to ensure desired environmental services and benefits continue to be provided Our community is moving towards a positive vision, and we deliberately steered clear of governmental regulatory mandates or demands that it get there this way and by this time. We do believe the recommendations made in this report should be incorporated into the respective comprehensive plans of the City and the County – if we agree on the outline of this vision, it will take effort and coordination over time to get there. Local Climate Action Planning Process Still, get there we must. While there was clearly a continuum of opinion in terms of the severity of climate change impacts from Committee member to Committee member, in the end the community vision engendered by the practical solutions for mitigating climate change was one we all felt would benefit our citizens and businesses. It underscores what is special about our area and the people who live here: we are smart, caring and committed to improving our community now and into the future. With hope and support, The LCAPP Steering Committee ______________________________ Cynthia Adams Local Energy Alliance Program (LEAP) ______________________________ Buck Kline Virginia Department of Forestry ______________________________ David Brown, LCAPP Chair Charlottesville City Council ______________________________ Christopher Lee Piedmont Virginia Companies, Inc. ______________________________ John Cruickshank Sierra Club, Piedmont Group ______________________________ Ann Mallek County of Albemarle Board of Supervisors ______________________________ Bill Edgerton The Oak Hill Fund; formerly with the County of Albemarle Planning Commission ______________________________ David Neuman University of Virginia Office of the Architect ______________________________ Tom Frederick Rivanna Water and Sewer and Solid Waste Authorities ______________________________ Mike Osteen City of Charlottesville Planning Commission ______________________________ Bill Greenleaf Richmond Regional Energy Alliance; formerly with William McDonough + Partners ______________________________ Hank Shugart University of Virginia Department of Environmental Sciences ______________________________ Tim Hulbert Charlottesville Regional Chamber of Commerce ______________________________ Jay Willer formerly with Blue Ridge Home Builders Association LCAPP Report ES-1 E xE cutivE Summary Energy use in all aspects of our lives—how we travel, how we live, how we care for our urban and rural landscapes and how we produce the energy we use—is directly related to greenhouse gas emissions. With unstable energy costs foreseen well into the future, communities and businesses that are pro-active in reducing their reliance on fossil fuels will be poised to capture the significant competitive advantage of being innovators. Sustained economic development and resiliency for all members of our community will be well-served by investments and actions that increase energy efficiency and reduce emissions; the related cost savings will help keep financial resources in the local community. Motivated by the prospective benefits of taking action on these issues, senior executives from the City of Charlottesville and the County of Albemarle extended an invitation in May 2009 to local community representatives to serve on a multidisciplinary Steering Committee leading a Local Climate Action Planning Process (LCAPP). Over an 18-month period the LCAPP Steering Committee, supported by a network of more than 50 local subject matter experts, local business representatives and other interested parties, examined best practices to assess their appropriateness and effectiveness for our community. Through this process, a Five-Part Framework for Our Community Energy Profile was crafted identifying guidelines to inform planning and programs. Further detailed recommendations were formulated into a set of Framework Action Strategies, which represent opportunities for win-win efforts that can contribute to community well-being in economic, health and environmental terms. The Steering Committee purposefully embraced a voluntary approach and offers this report as a guide to the City, County and UVa in considering a broad range of options. The potential benefits of each of the recommended Action Strategies can be evaluated in creating a vision that best meets the needs of their respective communities. The wrap-up of the LCAPP in August 2011 marks an important milestone in an evolving process. The City, the County and the University of Virginia have each demonstrated leadership in reducing emissions related to their own facilities, vehicles and activities. However, regional City/County baseline emissions data indicate that, together, local government entities contribute only about 4% to overall community greenhouse gas emissions. The recommended Action Strategies therefore can serve as guidelines not only for City, County and UVa but also for the wider community regarding options to reduce energy use in buildings, transportation, materials use and energy generation. These recommendations can help individuals, businesses, nonprofit organizations, educational institutions, medical facilities, public sector entities—indeed all members of our combined region—to make informed choices as we continue, along with other leading communities around the nation, to adopt practices that will contribute to reducing our community’s emissions. The following report documents the LCAPP process and provides examples of existing efforts by the City, County and University to reduce energy use and emissions. A report such as this cannot do justice to the enthusiastic and creative implementation of related projects by institutions, businesses and individuals throughout our community. While existing efforts are inspiring and illustrative of how effective many of the Action Strategies can be, our communities will nevertheless need to continue their concerted efforts in promoting adoption of these principles and practices on a broader scale. The recommended Action Strategies can serve as guidelines not only for City, County and UVa but also for the wider community regarding options to reduce energy use in buildings, transportation, materials use and energy generation. ES-2 LCAPP Report The LCAPP Steering Committee encourages the City, County and UVa to take tangible and measureable action consistent with the following Recommended Principles and Recommended Next Steps: Recommended Principles • To continue to demonstrate leadership in energy and carbon reductions at the local level; • To build on existing synergies by continued collaboration of City, County, University of Virginia and community partners; • To integrate the role of energy and carbon emissions in projects and planning; • To equip the community at all levels to make informed decisions about the impacts of carbon emissions and energy; and • To identify and promote actions that enable the community to reap the health, economic and environmental benefits that accompany sound energy-based decisions. Recommended Next Steps 1. Act on existing commitments to further address carbon and energy considerations in planning and operations of the City, County and University of Virginia. a. Use the Five-Part Framework for Our Community Energy Profile to inform Comprehensive and other planning efforts; b. Utilize the Framework Action Strategies to develop an Action Plan for each entity to enhance planning for and knowledge about emissions reduction opportunities and identify near-term reduction goals; c. Provide regular public updates on progress toward reducing emissions and energy use in internal programs and operations as well as on the results of periodic tracking of community baseline emissions. 2. Build on stakeholder involvement developed through the Local Climate Action Planning Process to expand information exchange on carbon and energy-related issues. a. Provide learning and engagement opportunities for the wider community including celebration of local successes in the private sector; b. Adapt the Framework Action Strategies into a Community Toolkit containing local guidance and case studies aimed at community members wishing to save energy and reduce their individual emissions; c. Facilitate continual improvement of all participants by bringing senior management and project leaders together annually to share and learn from each other’s projects and experiences in reducing carbon emissions and energy use in operations and facilities; increase related training and outreach targeting employees; d. Invite community members to become actively engaged in efforts to develop tailored Action Plans for the City and the County. LCAPP Report 1 1.0 i ntroduction and B ackground Climate change is understood to be a global phenomenon with serious local implications. Scientists from the U.S. Climate Change Science Program and the Intergovernmental Panel on Climate Change (IPCC) have reviewed robust scientific evidence indicating that human-induced climate change is occurring. Their findings present evidence that, although the effects of climate change are macro in scale, actions on a smaller, local scale will be essential to effectively address them. Numerous professional organizations from disciplines as diverse as the American Public Health Association (APHA), the American Public Works Association (APWA) and the American Society of Civil Engineers (ASCE) have likewise expressed concern about the related impacts of climate change on health, emergency preparedness, economic development, infrastructure, planning and community resiliency. The City of Charlottesville, the County of Albemarle and the University of Virginia have demonstrated concern for greenhouse gas emissions and have begun to tackle the challenge as evidenced by public statements that target greenhouse gas reductions. The three entities have publically recognized the importance of environmental stewardship in improving our quality of life and have a history of planning and implementing programs and actions consistent with this philosophy. A significant step in addressing these commitments consisted of each entity establishing a baseline of its current greenhouse gas emissions. The baseline reports of the City, County and University can form the basis for each entity to undertake informed discussion toward setting goals related to significant emissions reductions. On June 10, 2011, the University of Virginia Board of Visitors approved a sustainability commitment affirming the University’s support for sustainability and specifically identifying a greenhouse gas emissions reduction target of 25% below 2009 levels by 2025. On July 17, 2006, the Charlottesville City Council unanimously passed a Resolution endorsing the U.S. Mayors Climate Protection Agreement. Following a July 11, 2007 presentation of the U.S. Cool Counties Climate Stabilization Declaration, the Albemarle County Board of Supervisors unanimously approved a Cool County Resolution on December 5, 2007. Entity Baseline Year Total eCO2 Emissions (Metric Tons) Charlottesville 2000 868,952 Albemarle 2000 1,503,163 UVa and UVa Health System 2009 330,900 2 LCAPP Report In recognition of the need for cooperation and collaboration among numerous stakeholders to work in concert to reduce emissions, in May 2009 senior executives from the City of Charlottesville and the County of Albemarle invited community representatives to serve on the Steering Committee for a Local Climate Action Planning Process (LCAPP). The Steering Committee was established to collect diverse input, to demonstrate local leadership and to recommend strategies for reducing our region’s greenhouse gas emissions. The LCAPP Steering Committee was initially convened in August 2009, thereby officially launching the process. At this time, the City, County and University are each at different points with respect to formally setting and adopting near-term and long-term reduction goals (e.g., 80% by 2050). The combined regional (City/County) emissions baseline data demonstrate, however, that City and County operations contribute only a small fraction—approximately 4%—to emissions for the community as a whole. Therefore, while the City and the County have demonstrated leadership in reducing emissions in their internal operations, this can have only a marginal impact on the community’s overall greenhouse gas emissions profile. The University is also playing a leadership role as evidenced by the Environmental Footprint Reduction Plans and the 2011 Sustainabilty Resolution, which was endorsed by the Faculty Senate and Student Council and was approved by the Board of Visitors in June 2011. The Local Climate Action Planning Process has identified Action Strategies that can help the wider community work toward creating specific targets and adopting concrete actions to attain emissions reduction goals. The recommendations of the LCAPP Steering Committee are a guide for the City, County and University of Virginia to utilize in pursuing their own Action Plans to establish the scope and scale at which each entity is committed to engage. Such Action Plans will enable each institution to set its own goals and determine the selection and implementation timeline for steps intended to pursue emissions reductions targets. Continued involvement of stakeholders in determining specific roles and responsibilities will remain necessary for adoption of actions with measurable impact. Governor McDonnell’s 2010 Virginia Energy Plan set a voluntary goal to reduce Virginia’s electricity use by 2022 through conservation and efficiency by an amount equal to 10 percent of 2006 electricity use. The graph of combined City and County emissions data highlights the proportionally small contribution to the community’s over- all emissions - approximately 4% - that can be attributed to local government operations. Data related to the University’s emissions are included in the “commercial” section.   LCAPP Report 3 The Steering Committee embraced a voluntary approach to guide the City, County and UVa in considering the range of opportunities and benefits of each of the recommended Action Strategies in creating a vision that best meets the needs of their respective communities. A report such as this cannot do justice to the enthusiastic and creative implementation of related strategies by institutions, businesses and individuals throughout our community. While these existing efforts are inspiring and illustrative of how effective many of the recommended strategies can be, our communities will nevertheless need to continue their concerted efforts to support businesses, individuals and government institutions in promoting adoption of these principles and practices on a broader scale. Energy use in all aspects of our lives—how we travel, how we live, how we care for our urban and rural landscapes and how we produce the energy we use—is directly related to greenhouse gas emissions. The U.S. Energy Information Administration reports that 87% of U.S. greenhouse gas emissions are related to energy consumption. Examining these issues through a concerted and collaborative effort of local governments, business leaders, scientists, residents and environmental advocates has provided our community a unique chance to explore the benefits of actions that can result in cost-savings, health improvements, job creation, economic development and environmental protection through a common lens. 1 MT eCO2 Metric Ton = 1,000 kg = 2,205 lbs Equivalent CO2Measure of CO2 and other gases that contribute to global warming expressed in terms of Carbon Dioxide 3460 miles 1740 miles 3.3 years 15.2 years13 watts 24h/7d 60 watts 24h/7d 33 mpg City/Hwy 16 mpg City/Hwy x x x x = = = = 0 50,000 100,000 150,000 200,000 250,000 300,000 350,000 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Scope 3 Emissions: Faculty, Staff & Student Commuting + Transmission Losses Scope 2 Emissions: Purchased Electricity Scope 1 Emissions: On-Site Combustion + UVa Fleet + Refrigerants Metric Tons of Equivalent CO2 EmissionsUniversity of Virginia Greenhouse Gas Emissions at a Glance Emissions from 2000 - 2009 by Scope Who’s Included? This inventory includes greenhouse gas emissions resulting from operations on the main grounds of the University of Virginia and the UVa Health System. Emissions from UVa’s College at Wise, the UVa Foundation, and multiple UVa field stations are not included. What’s Included? Emissions are categorized into three scopes: Total UVa emissions have increased over the past 10 years due to significant growth in population and buildings. How Are Emissions Measured? Emissions are typically measured in metric tons (MT) of equivalent Carbon Dioxide (eCO2) emissions. One MTeCO2 results from the following: Scope 1 Emissions Direct emissions generated by University-owned equipment and activities. Includes: heating plants, fleet, University Transit Service, jet, fertilizer application & refrigerants. Scope 2 Emissions Emissions generated through the production of electricity purchased by the University. Scope 3 Emissions Emissions generated from indirect sources as a consequence of University operation. Includes: commuting, electricity transmission losses, solid waste & wastewater. On for 15.2 yearsOn for 3.3 years 112 Gallons of Gas $200 in Electricity1 MT eCO2 = LCAPP Report 5 2.0 t hE L ocaL c L imat E a ction P L anning P rocESS (L caPP) LCAPP grew out of a joint effort of the City, County and UVa, who have each taken stock of their overall energy use and established greenhouse gas emissions inventories and baselines. A proposal to collaborate on these issues was presented by the City and the County to the Planning and Coordination Council Technical Committee (PACC Tech) in January 2009 and received their endorsement. The three entities agreed to work together examining potential strategies by which overall emissions could be reduced and established a Steering Committee of local community representatives to provide leadership for this process. The multidisciplinary LCAPP Steering Committee was supported by a network of over 50 local subject matter experts, local business representatives and other interested parties serving in advisory Working Groups. Underlying themes that emerged from the discussions emphasized: celebration of local successes; ongoing engagement with all community members to enable them to make informed choices that will collectively contribute to reduction of the community’s emissions; and the need for clear goals and transparent tracking of progress, including continual examination of the most effective ways in which the challenge can be tackled. Over an 18-month period, best practices from around the nation were collected and examined for their appropriateness and effectiveness for adoption in our community. The Working Groups were organized according to the following sectors: Energy Conservation in the Built Environment, Energy and Mobility, Energy Sourcing, Embodied Energy (materials use and waste), Carbon Sequestration (landscape and agriculture) and Public Education and Outreach. Within these categories, several high level strategies—the Five Part Framework for Our Community Energy Profile—were identified to guide future action planning. The Five-Part Framework developed through in-depth discussion and debate within the Steering Committee and the affiliated Working Groups carries with it enormous promise that can only be achieved by deliberate and substantive actions. These high- level strategies are accompanied by detailed recommendations in the Framework Action Strategies. The Action Strategies are intended to guide discussion related to public policies, planning and programs. A Community Workshop—Carbon, Our Energy Future and You—held in February 2011 drew solid attendance numbers. In preparing for the Workshop, Steering Committee members recognized the importance of translating the Five-Part Framework and the more detailed Framework Action Strategies into related benefits for the community. Display posters and factsheets illustrating relevant, everyday examples of energy efficiency options and benefits provided an opportunity for community discussion of these proposals. LCAPP Steering Committee in discussion with the Carbon Sequestration Working Group 6 LCAPP Report The community real-time survey indicated wide support for climate initiatives among those present at the workshop. It was also, however, noticeable that many of those in attendance were already actively engaged with environmental concerns, a valuable insight as we learned that this process has its work cut out for it in reaching the rest of the community. One theme that consequently runs through the LCAPP Recommended Next Steps is the importance of actively engaging community stakeholder groups via those groups’ own channels (newsletters, events, meetings), recognizing that concerted community outreach efforts can create greater involvement of citizens of the City and County as well as UVa students/faculty/staff in consideration of future commitments and actions toward reducing the community’s energy consumption. Carbon, Our Energy Future and You Community Workshop February 24, 2011     Attendees at the Community Workshop. Members of the Steering Committee and the Working Groups were on hand to answer questions. Community Workshop presentations, COB McIntire Auditorium Interactive Community Survey results LCAPP Report 7 Adaptation “Exploring Adaptation” was the focus of an LCAPP Workshop on March 15, 2010. Participants separated into four breakout sessions to discuss: community health and emergency preparedness; economic impacts on energy and business; natural resources; and infrastructure, including transportation and utilities. Each group was asked to consider adaptation options based on a careful assessment of efficacy, risks and costs. In particular, changes in weather patterns, including hotter summers and winters with greater than average snowfall, will potentially impact all sectors of the community. Agriculture may be affected by drought conditions while stormwater infrastructure can become overwhelmed with unusually heavy rainfall. Severe storms can create vulnerabilities in the energy sector, threatening power supply to homes and businesses as well as to medical facilities. Fuel and energy prices are foreseen to continue to increase, making investment in energy efficient building design and retrofits and transition to more fuel-efficient vehicles particularly advisable. Investments such as these are often considered “no regrets” decisions, because reduced fuel use and reduced costs for gasoline and utilities are a benefit no matter what fluctuations occur in the price of oil or natural gas. The unknown outcomes of changes in weather as well as fluctuations in fuel costs and availability make planning and preparation especially important. Whether related to emergency preparedness or to less acute but widespread public health matters, such as responding to the needs of the young, ill or elderly in times of heat waves or during severe winter weather, communities around the country are spending greater effort on reviewing current plans and procedures to ensure they can be prepared. 8 LCAPP Report Community Co-Benefits Communities that address challenges related to reducing energy use place themselves at the cutting edge of innovation and preparedness to adapt to fluctuating costs and availability of fossil fuels. While the U.S. is endowed with an abundance of natural resources, including coal, natural gas and oil, it is the use of these as fuels to drive our economy that creates numerous environmental impacts: acid rain that threatens national parks around the country, including the Shenandoah National Park; ozone alerts in Virginia cities such as Richmond and Hampton Roads on days when extremely hot weather intensifies chemical reactions from auto exhaust to create noxious urban smog; asthma from particulates and chemicals in the air from tailpipes, furnaces and boilers fueled by oil, coal and gasoline; mercury and other pollutants that enter our soils and waterways, ending up in the foods we eat. These costs to human and environmental health are often not included in the ledger of economic impacts from continuing to utilize oil, natural gas and coal as energy sources for electrical generation and for fueling our transportation systems. The unknown costs of fluctuating fuel prices and future regulations designed to reduce polluting emissions only add to the uncertainties regarding the long term costs—both environmental and economic—of continued reliance on fossil fuels. How will addressing energy use affect our daily lives? Many changes in our daily behavior can contribute to reducing our community’s overall carbon footprint while providing added benefits for our health and well-being. In the process we not only help the environment, we can help lower fuel costs, reduce time spent in traffic congestion, get our kids walking to schools and families out enjoying quiet walks and bike rides on safe bikeways and trails. All of these are amenities our community can pride itself on, and we can enjoy these benefits every day. Integrating energy efficiency into our methods of constructing and retrofitting new and existing buildings will provide economic benefits to occupants well into the future. Efficient buildings harbor less moisture and leaky air passages that allow mold and allergens to infiltrate our living and working spaces. Building a workforce prepared to help us renovate and renew our communities can be a source of business and job creation for localities that take the long view and invest in training and business incentive programs to support green enterprises. Taking small steps in our everyday lives and large steps in how we design our communities can provide healthy and cost- effective solutions to many of our energy needs. Business Benefits Business owners can reap savings by taking basic energy efficiency steps, such as making sure all lights, computers and other office equipment are turned off at the end of the day and especially on weekends and longer holiday breaks. Restaurants, health clubs and beauty shops can benefit, for example, from better water management, as the cost to heat water is a significant percentage of the overall utility use of these establishments. Coffee shops and retail outlets can utilize day-lighting to create a more pleasant ambience. Pleasant, green working conditions are also known to attract and help in retaining a committed workforce. Most people spend nearly 90% of their time indoors, making air quality both a comfort and a health issue. For businesses, poor air quality or thermal comfort issues can increase employee absenteeism and reduce employee productivity. Ensuring that the building is energy efficient provides cost savings on utilities but also reduces related productivity losses. LCAPP Report 9 Health Benefits According to the Centers for Disease Control only 13% of children walk to school today compared with 66% in 1970. Some studies estimate that nearly 25% of morning traffic can be attributed to parents driving their children to school. With childhood respiratory and obesity problems on the rise, more kids walking to schools would help clear the air by reducing morning traffic congestion, would provide more exercise for youngsters (and their parents who walk with them to and from school) and would reduce our fuel costs. Similarly, carpooling to work or school reduces the costs of maintaining the family car, not to mention saving on gasoline. Transportation costs can amount to 20% of a family’s monthly expenses; savings from reduced vehicle use become, in effect, additional income for local residents. This added expendable income will most likely be spent at local businesses, creating a virtuous circle of economic benefit for the whole community. www.saferoutestoschools.org/about.html; www.completestreets.org/webdocs/factsheets/cs-individuals.pdf; www. americawalks.org/resources/walking-facts/; www.ceosforcities.org/work/chicagos_green_dividend School and University Benefits Schools and universities can take advantage of longer breaks, for example, to reduce their annual utility bill. One university (in Kentucky) saved over $100,000 over winter break by having the Facilities Management Energy Management Team set back thermostats in buildings, turn off all lighting except for safety lights, unplug vending machines and water fountains, and turn off water heaters and all other unnecessary energy draws. Faculty and staff were asked to turn off computers, unplug electronics and appliances, and turn off office lights before leaving for the break, a protocol students in university housing have been following for years. www.wku.edu/news/releases09/january/shutdown.html Fuel Savings Benefits Businesses that regularly use vehicle fleets for their operations can realize significant savings by instituting no-idling policies, and managing delivery routes to minimize distance travelled, and especially to minimize time spent in rush hour traffic. An idling vehicle gets zero miles per gallon! The California Energy Commission Consumer Energy Center recommends turning off the engine if a vehicle will be parked for more than 30 seconds. Ten seconds of idling can use more fuel than turning off the engine and restarting it. www.consumerenergycenter.org/myths/idling.html Creating Viable Futures: A Case Example from the Jefferson Area Board for Aging (JABA) Charlottesville, Virginia Urban agriculture projects and related local food initiatives can promote the development of community food centers, offer healthy, fresh produce options for low-income families, and support the Buy Fresh, Buy Local initiative by providing market opportunities for local farmers. LCAPP Report 11 3.0 LcaPP o utcomES The LCAPP provided an important reminder and recognition of the many initiatives currently underway such as those related to land use and transportation, those related to implementing comprehensive energy efficiency throughout the community [e.g., the Local Energy Alliance Program (LEAP)], those related to the integration of cleaner energy sourcing, and those related to proactive management of trees and forests. City, County and UVa energy management efforts addressing building performance, fleet efficiency, recycling and related programs demonstrate the benefits of integrating the role of energy into short-term and long-term planning processes. These existing policies, practices and projects can serve as leadership examples of choices that individuals and businesses in the community can also consider adopting. • Energy efficiency in new construction as well as in retrofits of existing buildings owned and managed by each of the three institutions can serve as models for adoption in the private sector. This can include selection of energy efficient lighting and water fixtures, motion and daylight sensors for interior/exterior lighting requirements and adoption of renewable energy technology as feasible. These measures can demonstrate energy efficiency options and cost savings. • Fleet procurement policies for City, County and UVa take into consideration selection of fuel efficient, hybrid and alternative fuel vehicles. Each entity can support educational efforts for staff to promote fuel efficient driving practices such as: anti-idling policies, routing deliveries by shortest distance, bundling of delivery and service trips and limiting, to the extent feasible, travel during peak traffic hours. These measures can serve to model behavior and demonstrate cost savings. Alongside the planning process that is the primary focus of this report, several exciting initiatives were launched that are not only consistent with the intent of local climate action planning, but illustrate implementation strategies for some of the opportunities that were discussed and presented through the process. These initiatives are specifically focused on engaging and assisting the community’s residential and commercial sectors in efforts related to energy management, which can provide cost savings as well as other quality of life benefits. Both LEAP and the Better Business Challenge involve many local partners and have benefited from the commitment and enthusiasm of many of LCAPP’s Steering Committee and Working Group members. 12 LCAPP Report The Local Energy Alliance Program (LEAP) is a community-based nonprofit serving Albemarle, Fluvanna, Greene, Louisa and Nelson Counties and the City of Charlottesville. Leveraging and bundling existing incentives from all levels of government and local utilities, LEAP provides local residents and property owners with a one-stop shop for information on options, energy service providers, financing and financial assistance for residential and commercial energy efficiency retrofits that create more comfortable, healthy and affordable homes and buildings. Established in the fall of 2009, LEAP’s mission is to lead the effort in our local community to conserve water and energy in buildings to promote cost savings, job creation, local economic development and environmental stewardship. The initial funding for the organization came from a $500,000 competitive grant awarded to the City of Charlottesville and the County of Albemarle from the Southeast Energy Efficiency Alliance (SEEA). LEAP has since been awarded a number of additional grants from the Department of Energy. These grants have allowed it to expand its program services to include commercial and low income multifamily residents by providing cash rebates to building owners to help lower the cost of the energy improvements. LEAP also works with the City of Charlottesville and County of Albemarle to implement their energy assessment rebate programs for residents. LEAP’s alliance model is central to its community service ethic. Partnerships with local government, utilities, financing institutions, other nonprofits and contractors inform its campaigns and outreach. One good example of how this team approach manifests is ecoREMOD, the location of LEAP’s offices. A historic home that had fallen into serious disrepair, ecoREMOD was purchased by the City and restored in 2010 though a partnership effort of the City, the University of Virginia, LEAP and numerous private sponsors. At ecoREMOD, LEAP hosts school field trips, contractor trainings and residential seminars and workshops that bring to life in a relevant and interactive manner the smart, healthy and cost-saving investments of a home—no matter what the age or condition of the property. The design of ecoREMOD and the pursuit of EarthCraft and LEED certification involved a team of architecture and architectural history students from the UVa. A team of UVa engineering students designed and installed a monitoring system at ecoREMOD to track energy use, temperature, humidity and other environmental conditions. As the area’s Home Performance with ENERGY STAR sponsor, LEAP is especially pleased to offer residents the pre-qualified contractors, work guidelines and third party quality assurance that make this Certificate meaningful. More information can be obtained at www.leap-va.org LCAPP Report 13 The Charlottesville Area Better Business Challenge, launched in 2011, is a collaborative effort of City, County, UVa, local nonprofits LEAP and Better World Betty, along with other community partners. The project—a friendly competition—has the support of the Charlottesville Regional Chamber of Commerce as well as funding from a local community foundation. Partnerships such as this harness multiple streams of public and private funding to create outreach programs and trainings to engage the local business community in adopting processes and practices that can enhance their bottom line. This initiative is intended to serve as the entry point for the community’s commercial sector to learn innovative ways to incorporate more efficient and sustainable practices, to set and achieve goals tailored to business needs and to gain recognition for these efforts. An informational website provides numerous resources to help local businesses learn how other firms have made environmentally conscious business decisions. Challenge scoring categories include: energy use, water use, waste reduction, transportation options for both business and employee travel and procurement policies that give preference to local products and services. As currently designed, the Charlottesville Area Better Business Challenge provides opportunities for business owners to take a leadership role in helping fellow businesses through needs assessment and review of applicable options to reduce their environmental footprint while practicing corporate environmental stewardship. More information can be obtained at www.cvillebetterbiz.org Shown to the left is a “sample scorecard” from the Better Business Challenge. A sampling of items taken from the six scorecards (Energy, Transportation, Waste Reduction, Water, Purchasing, and Leadership), it pulls some of the easier action items from each category to provide an idea of what it might take for a business to achieve Certification. Actions were selected because businesses could begin taking action on them today. All participating businesses could receive the Certified, Certified Plus, or Winner’s Circle achievement award by earning points on the scorecard. Some businesses would receive additional honors with the Better Business Champion, KiloWatt Crackdown, Biggest Loser, Green Leader, and Top Innovator awards. 14 LCAPP Report 3.1 FivE-Part FramEwork For our community EnErgy ProFiLE The Local Climate Action Planning Process has been an important step in an ongoing process. This report is not the end product; its primary value is in the numerous recommendations that can give direction toward further action. It is intended to inform and to set the foundational context for planning, decision-making and implementation. Community representatives and subject matter experts spent valuable time and effort reviewing practices from around the country and considering their appropriateness for the Charlottesville-Albemarle community. Through a process of presentation, debate and discussion within the LCAPP Steering Committee, the range of actions and policies recommended by the Working Groups were aggregated into two formats: • High-level organization of themes considered in the process. The Five-Part Framework for Our Community Energy Profile can inform each entity’s development of its own Action Plan after consideration of community input. • Recommended implementation strategies. The Framework Action Strategies compiled from the numerous recommendations brought forward by the Working Groups can serve to inform the next phase of implementation. 3.2 F ramE work a ction StratE giES Communities and businesses being pro-active in reducing their energy use are poised to capture the competitive advantage of being on the innovative edge. The Charlottesville-Albemarle area is well established as a competitive region; to remain so will require commitment and support for businesses, individuals and government institutions to seize opportunities to reap benefits of taking the long view. Stable, sustained economic development and resiliency for all members of the community will be well-served by investments and actions that contribute to reducing reliance on fossil fuels and improving operational efficiencies. The Framework Action Strategies set the stage for discussion within each of the three entities to decide upon the discrete actions each wishes to adopt. The Action Strategies should not be seen as limiting or all-inclusive. The Steering Committee and Working Groups set out to provide the wider community with a range of potential concrete steps toward reducing our carbon footprint. Many of the concepts and ideas listed in the Action Strategies are already being widely implemented in our community. The hope is that this menu of choices will inspire our community to engage in careful examination of the feasibility and benefits of each option, or others that may be brought forward in the course of these discussions. LCAPP Report 15 Five-Part Framework for Our Community Energy Profile Energy & the Built Environment • Reduce Energy Demand in Existing Buildings • Increase Energy Efficiency Performance of New Buildings • Enable Building to Green Building Standards and Practices Energy & Mobility • Focus Land Use and Transportation Planning on Density and Infill • Improve Travel Efficiency • Encourage Alternatives to Single Occupancy Vehicle Use Energy Sourcing • Promote Adoption of Cleaner Sources of Electrical Energy • Promote Adoption of Cleaner Sources of Energy for Heating and Cooling • Promote Adoption of Hybrid Electric and Biodiesel Vehicles and Fuels Energy & Materials • Promote Zero Waste Principles of Waste Reduction and Minimization • Consider Impacts of Purchasing Decisions; Prioritize Local Procurement • Reuse and/or Repurpose Existing Buildings Energy & the Landscape • Maintain Existing Tree Canopy and Forestland Base • Expand Forest Cover • Manage Existing Tree Canopy and Forests to Promote Health and Diversity 16 LCAPP Report | Framework Action Strategies Greening our Buildings 2008: LEED-GOLD certification for Downtown Transit Station PLUS… CAT BaseSmith Aquatic Center Fontaine Fire Station (in design) Greening our Buildings It goes beyond new construction… Police Dept locker room renovation – using recycled content steel and a combo cork/rubber flooring with high recycled content Use of low toxicity interior paints and cleaners Interior Bamboo strategy for screening needs at the DTSEnergy & the Built EnvironmentReduce Energy Use and Demand in Existing Buildings • Increase awareness and adoption of low and no cost measures to reduce energy use in buildings (target both property owners and tenants) • Encourage and assist property owners to benchmark their buildings’ energy use and/or to get a building energy label/score • Implement a City- and/or County-owned water and gas utility on-bill repayment option for financing energy efficiency improvements in buildings Increase Energy Efficiency Performance of New Buildings • Review existing green building policies for commitment to LEED certification for new municipal/ academic construction • Incorporate ‘green roofs’ and ‘cool roofs’ into existing and new municipal/academic construction and promote their use in private projects • Continually examine and adjust barriers to green building practices (e.g., zoning and other codes and ordinances) Incentivize and Enable Building to Green Standards and Practices for New Construction, Remodeling and Retrofits • Develop and implement incentives for builders and developers to pursue ENERGY STAR/LEED/ EarthCraft certifications and for existing property owners to pursue similar certifications related to improved energy efficiency • Support green building training and education for developers, builders, code officials and property owners • Create a community goal for a voluntary energy efficiency standard; incentivize higher local standards for energy code LCAPP Report 17 Charlottesville Area Transit Base The City is increasingly incorporating energy efficiency into its new building projects such as the Charlottesville Area Transit Base, which opened in June 2010. Enhanced energy performance is achieved through the use of major systems such as ground source heat pumps as well as lighting levels that are controlled by occupancy and ambient light sensors, window glazing and fixed sun screens to reduce heat gain. The large windows in the building allow occupants to utilize natural daylight thereby limiting the amount of electrical energy needed for overhead lighting. In addition, the windows can be opened and closed to enable a cool breeze to pass through the workspace, thus eliminating the need for an air conditioning system. The Delta Force Team at the University of Virginia In 2008, the University of Virginia launched the Delta Force, a cross-functional team-based approach to retrocommissioning existing buildings with a focus on energy and water conservation. Each building’s Delta Force Team includes UVa staff members and external support professionals with expertise in commissioning and HVAC system testing and balancing. The Delta Force Team has prioritized energy-intensive facilities, starting with older research labs and dining halls. Retrocommissioning each building takes approximately 12-15 months. Through May 2011, the Delta Force Team has realized cumulative energy cost savings of over $2.3 million. Green Building and Sustainability in the Comprehensive Plan In July 2007, the Albemarle County Board of Supervisors unanimously approved the Green Building and Sustainability amendment to the Natural Resources and Cultural Assets chapter of the Comprehensive Plan. The amendment includes strategies that target green building and energy efficiencies for the County’s internal operations and management as well as advancing green building in the development community. At that time, the development community was already engaged in the green building industry through LEED, EarthCraft, and ENERGY STAR certification programs. The County’s goal with this amendment was to support and encourage the efforts of its partners in the development community as well as to remove obstacles within the County’s planning and zoning operations that would prohibit or minimize green building. Many major residential and commercial development projects have pursued, proffered and marketed components of green building designs, LEED certifications and EarthCraft homes in Albemarle County. For internal operations, the County adopted an Energy Management and Conservation policy in February 2008 and set a reduction target of 30% from 2007 energy use levels by the end of 2012 for its two county office buildings (McIntire and 5th St.) and the Court Square building. The County also joined the ENERGY STAR program. Both office buildings have achieved ENERGY STAR program certification, which means the buildings perform better than at least 75% of similar buildings nationwide. As of June 2011, the County has reduced energy consumption in those three buildings by 23%. 18 LCAPP Report | Framework Action Strategies Focus Land Use and Transportation Planning on Density and Infill • Utilize infill and redevelopment to focus new growth within existing growth area boundaries • Develop and apply mechanisms to regularly quantify emissions implications of planning decisions • Promote mixed-use development to reduce travel distance/time to work, school, shopping and recreation Improve Travel Efficiency by Combining Trips, Preferred Parking for Carpool Vehicles, Tele-Commuting Options • Encourage employers to adopt and promote transportation demand management principles (e.g., high-visibility parking incentives for carpool and/or high-efficiency vehicles; tele-commuting options) • Significantly increase carpooling and vanpooling, especially in areas of Albemarle County not served by other transportation alternatives • Establish minimum fuel economy standards for fleet vehicles; expand use of car sharing for fleet vehicles Encourage Alternatives to Single Occupancy Vehicle Use Including Public Transit, Biking, Walking • Explore creation of long-distance transit service for remote population center commuters; establish transit priority routes • Promote availability of employer-offered transit benefits; continue CAT/UTS fare reciprocity program • Implement long-distance paved commuter multi-use trails; prioritize connected bicycle lanes above on-street parkingEnergy & Mobility LCAPP Report 19 Incentives to Increase Travel Efficiency Launched in August of 2008, the University of Virginia Cavpool program created an incentives package for UVa employees carpooling or vanpooling with other UVa employees that included a discount on the price of their parking permit based on the number of riders in the carpool, free Occasional Parking Permits, and enrollment in the region’s Guaranteed Ride Home Program. Permit price discounts are 25% with two riders, 40% with three riders, and 100% for four or more riders. With the launch of the Zipcar program in late 2009, Cavpool members received an additional incentive in the form of a driving credit bonus for the Zipcar program. To further encourage use of transportation alternatives, UVa launched the NuRide online ride matching and commuter reward program in September 2010 to the entire Charlottesville Metropolitan Statistical Area (MSA) and made available at no cost to virtually all commuters in the MSA, not just UVa students and staff. NuRide allows users to sign up for free, create an online profile, set their commuting origin, destination and preferences, and post their desired commute trips to the NuRide database. Neighborhood Model for Land Use The Land Use Plan provides direction for physical development in Albemarle County and relies heavily on the Neighborhood Model that was appended to the Comprehensive Plan in 2001. The Land Use Plan provides guidance for development that will be harmonious with the natural and man-made environments and consistent with the County’s Growth management goals, which are to channel development into designated Development Areas while conserving the balance of the County as rural areas. Some principles outlined in the Neighborhood Model include: pedestrian orientation, preserving open space, adapting to natural topography, emphasizing re- use of sites, varying density and mixtures of residential/non-residential uses. Since the 2001 approval, the County has now seen many successful projects designed and implemented using the Neighborhood Model. Encouraging Safety and Bicycle Ridership Bicycle infrastructure improvements along the East/West Corridor have been strengthened and slated for further improvements to increase safety and bicycle ridership. The Corridor stretches through the City of Charlottesville, several commercial centers, and connects to the County of Albemarle and University of Virginia. A variety of tools are being utilized: bicycle lanes, detection cameras at traffic signals, and sharrows. Sharrows (image to the right) mark the pavement to help drivers and cyclists understand how to share the road. 20 LCAPP Report | Framework Action Strategies Promote Wider Awareness and Adoption of Cleaner Sources of Electrical Energy (e.g., solar photovoltaic, co-generation, biomass, wind) • Compile a best-practices guide and cost estimation tool for renewable distributed electricity generation users • Promote creation of combined heat and power facilities • Design marketing and recognition programs for businesses, institutions and residents using solar PV Promote Wider Awareness and Adoption of Cleaner Sources of Energy for Heating/Cooling Systems (e.g., solar thermal, geothermal) • Expand natural gas distribution to population centers not currently served • Compile a best-practices guide and cost estimation tool for geothermal and/or solar thermal energy users • Explore creation of district geothermal systems in areas of dense demand Promote Wider Awareness and Adoption of Hybrid, Electric and Biodiesel Vehicles and Fuels • Increase availability and use of renewable fuels in vehicles • Expand use of biodiesel and other alternative fuels in municipal vehicles and other fleets • Develop municipal and private sector guidelines for electric vehicle charging, parking and incentivesEnergy Sourcing LCAPP Report 21 Converting Conventional to Electric RideForward is an interdisciplinary research project at UVa focusing on sustainable transportation. The project focuses on the conversion of conventional vehicles to electric drive, the installation of solar panel systems to offset the electricity usage of the vehicles, the construction of charging stations, and educational awareness initiatives in the community. Converted vehicles are used by the University and local government in place of standard internal combustion vehicles. In February 2010, RideForward installed a 1.2 kW solar panel charging system on the bus shelter at the Emmet/Ivy Garage. Geothermal Technology for Heating and Cooling Three recently constructed facilities in Charlottesville incorporate the use of ground source (geothermal) technology. This type of heating and cooling system takes advantage of the relatively constant temperature of the Earth’s surface and reduces the energy needed to heat or cool a building. The Downtown Transit Station has 18 closed- loop ground source geothermal wells (12 wells are 300 feet deep; 6 wells are 600 feet deep) that contribute to the energy efficiency of the building as well as eliminate the noise and visual impacts of a traditional roof-mounted cooling tower. The payback period for this system is estimated to be about 9.4 years and, along with other energy efficiency measures that were incorporated in this project, the building was designed to achieve a 33% energy cost reduction compared to a standard building. Both Smith Aquatic Center and the Charlottesville Area Transit Base also incorporate geothermal systems, using alternative approaches that offered further cost savings due to the increased effectiveness and reduced numbers of wells required. Hybrid and Biodiesel Vehicles and Fuels The purchase and use of hybrid gas-electric vehicles in both the City of Charlottesville and the Albemarle County fleets have increased over the last several years. Currently the County has 10 gas-electric hybrid vehicles in its fleet. The County has also experimented with the use of biodiesel fuel in school buses and Fire and Rescue vehicles. Charlottesville has been incorporating hybrid vehicles into its fleet since 2002 and they now comprise nearly 18% of the City’s passenger fleet. The University of Virginia has created Zipcar memberships for departments, allowing employees to use Zipcars for University-related travel. All UVa Zipcars are EPA SmartWay or SmartWay Elite Certified and half are hybrids. Greening our Fleet Anti-Idling Policy in place Alternatively fueled and efficient vehicles (~42 hybrids, 2 compressed natural gas buses, 4 all- electric low-speed truck) Hybrid-electric buses – first 2 are now in service; with plans to convert the whole fleet over the next 10 years. Seasonal biodiesel used (transit buses, school buses and others) Participating in a R&D project related to electric vehicles and fast-charge technology 22 LCAPP Report | Framework Action Strategies Promote and Pursue Zero Waste Principles of Waste Reduction and Minimization • Establish additional drop-off recycling centers where curbside pickup is unavailable or limited • Develop, implement and promote organics composting and vegetative waste management programs (target schools, residential, institutional and commercial sectors) • Increase e-waste recycling capabilities Consider Environmental Impacts of Purchasing Decisions; Preference Local Procurement • Integrate source reduction strategies in home, school and business to eliminate waste (minimize packaging; reduce use of disposable products; reuse materials; support reuse programs and services) • Adopt environmentally preferable purchasing policies (e.g., recycled content; ENERGY STAR appliances/electronics; safer cleaning products; water efficient fixtures, low/no VOC materials) • Select local goods and services to reduce transport-related emissions and enhance the local economy (e.g., Buy Fresh, Buy Local; Shop Charlottesville) Reuse and/or Repurpose Existing Buildings • Assess current space usage of municipal/academic buildings; identify underutilized space that can be shared across departments • Increase awareness of cost savings opportunities associated with renovation and rehabilitation of existing buildings versus new construction • Promote incentives for building owners to invest in existing building improvements (e.g., City’s tax abatement program for housing improvements) Greening our Buildings 2008: LEED-GOLD certification for Downtown Transit Station PLUS… CAT BaseSmith Aquatic Center Fontaine Fire Station (in design)Energy & Materials LCAPP Report 23 Environmentally Preferable Purchasing Practices The City of Charlottesville has implemented several Environmentally Preferable Purchasing practices. These practices include specifying products that have high-recycled content (e.g, 35% recycled content paper) or are made of materials that can be recycled, are durable and long-lasting, conserve energy and resources during their manufacture and operation and have the fewest toxic compounds used in their production. For those major building projects pursing LEED certification, specifying regional sources for materials has been a consistently manageable element to incorporate and demonstrate. Repurpose Existing Buildings and Invest in Building Improvements Albemarle County has utilized existing buildings to meet the needs of County operations. Two examples of this strategy can be seen in the County Office Buildings (McInitre and 5th Street). The “original” Lane High School built in 1939 has been the main County Office Building since 1981. Albemarle purchased the building and property from Charlottesville and renovated it to house County operations that were spread across different locations. Albemarle County also purchased the Wachovia Operation Facility on 5th Street Extended in 2002 to address space needed for current and long term operations. The $7 million purchase provided 100,000 square feet of space that had been identified in the ongoing 3-year space needs analysis. The purchase and renovation costs were estimated to be at least $10 million less than new construction alternatives to address the needs over the next 25 years. The City and County have jointly pursued similiar building reuse projects such as the J&DR Courthouse, the Jessup Building and the Levy Building. “Green” Dining Materials In an initial move to reduce the negative environmental effects of disposable products, UVa replaced styrofoam and plastic materials with compostable cups and other “green” materials. Given the lack of compost collection outside of dining halls, this initiative provided only a partial solution. Compostable products end up either in landfill trash or improperly in recycling bins, which threatens contamination of the recycling stream. To address these issues, UVa Dining returned to using #1 plastics, a high-value plastic that is recyclable in all UVa and City recycling streams, for beverage and other appropriate containers. Compostable containers remain where a recyclable alternative is not available. To further address disposable products, UVa Dining introduced a reusable to-go container program in fall 2009, one of the first large institutions to do so. After use, participants return their dirty containers to a residential or participating retail location in exchange for a token. 24 LCAPP Report | Framework Action Strategies Maintain Existing Forest Base and Urban Tree Canopy • Establish permanent conservation easements on forested landscapes • Protect large areas of forests to support their health and production • Incentivize retention of existing forested lands (e.g., assess impacts of land use tax structure) Expand Forest Cover to Increase Carbon Storage • Promote and expand existing programs that link funding sources to landowners to enhance forest protection, afforestation and reforestation opportunities • Generate funding sources (including voluntary contributions) for forest protection and expansion • Conduct stream restoration and water quality improvements with forest components (e.g., vegetated buffers) Manage Existing Tree Canopy and Forests in City, County and University Grounds to Promote Health and Diversity • Continue funding urban forest management programs to provide habitat, shade, urban heat island reduction and urban forest resiliency • Eliminate and manage invasive species and implement other strategies that promote forest health and diversity • Expand the use of sustainable forestry management and stewardship practices Energy & the Landscape LCAPP Report 25 Acquisition of Conservation Easements (ACE) Program In 2000 Albemarle County initiated the Acquisition of Conservation Easements (ACE) program to provide a financial incentive for landowners in Albemarle County to protect valuable farms and forests. The landowner is provided a fair market value determined by the difference between highest yields of land development versus no development due to the conservation easement. The County recognizes the benefits to all citizens in protecting farms and forest lands with co-benefits of cleaner air and water, more diverse wildlife habitats, a stronger community and protection of rural character. As of 2009 the program acquired 37 conservation easements and protected 7,224 acres through approximately $10.5 million in appropriations. Albemarle County also has a tax deferment program that allows land owners to take advantage of reduced property taxes on agricultural, horticultural, forested and open space land uses. The Land Use Program currently has 4919 parcels registered with 252,000 acres. The current enrollment represents $17 million in taxes deferred and $2.3 billion in value deferred. Urban Tree Canopy Management In the last 3 years, over 500 trees have been planted in parks and along roadways making travel more pleasant, adding shaded places to areas where citizens and visitors walk and recreate and replacing trees lost through storm damage. A strategic Urban Forest Management Plan was adopted by Charlottesville in 2009 to provide a framework for ensuring that the trees and forests of the City are appropriately cared for according to community goals. The 2009 canopy coverage was calculated to be nearly 47% with the most extensive forest areas being found in McIntire and Pen Parks. The two top goals of the Plan are Preservation and Protection of existing forested areas and trees and Enhancement and Restoration of forest quality. 26 LCAPP Report 4.0 LcaPP r E commE ndationS The wrap-up of the LCAPP in 2011 marks an important milestone in a process that will continue to evolve and will depend on engaged participation of the community. The Steering Committee encourages the City, County and UVa to take tangible and measureable action consistent with the following Recommended Principles and Recommended Next Steps: Recommended Principles • To continue to demonstrate leadership in energy and carbon reductions at the local level; • To build on existing synergies by continued collaboration of City, County, University of Virginia and community partners; • To integrate the role of energy and carbon emissions in projects and planning; • To equip the community at all levels to make informed decisions about the impacts of carbon emissions and energy; and • To identify and promote actions that enable the community to reap the health, economic and environmental benefits that accompany sound energy-based decisions. Recommended Next Steps 1. Act on existing commitments to further address carbon and energy considerations in planning and operations of the City, County and University of Virginia. a. Use the Five-Part Framework for Our Community Energy Profile to inform Comprehensive and other planning efforts; b. Utilize the Framework Action Strategies to develop an Action Plan for each entity to enhance planning for and knowledge about emissions reduction opportunities and identify near-term reduction goals; c. Provide regular public updates on progress toward reducing emissions and energy use in internal programs and operations as well as on the results of periodic tracking of community baseline emissions. 2. Build on stakeholder involvement developed through the Local Climate Action Planning Process to expand information exchange on carbon and energy-related issues. a. Provide learning and engagement opportunities for the wider community including celebration of local successes in the private sector; b. Adapt the Framework Action Strategies into a Community Toolkit containing local guidance and case studies aimed at community members wishing to save energy and reduce their individual emissions; c. Facilitate continual improvement of all participants by bringing senior management and project leaders together annually to share and learn from each other’s projects and experiences in reducing carbon emissions and energy use in operations and facilities; increase related training and outreach targeting employees; d. Invite community members to become actively engaged in efforts to develop tailored Action Plans for the City and the County. LCAPP Report 27 S t EEring c ommittEE F or LocaL c L imatE action PL anning ProcESS (LcaPP) • Cynthia Adams, Local Energy Alliance Program (LEAP) • David Brown, Charlottesville City Council • John Cruickshank, Sierra Club, Piedmont Group • Bill Edgerton, The Oak Hill Fund; formerly with the County of Albemarle Planning Commission • Tom Frederick, Rivanna Water and Sewer and Solid Waste Authorities • Bill Greenleaf, Richmond Regional Energy Alliance; formerly with William McDonough + Partners • Tim Hulbert, Charlottesville Regional Chamber of Commerce • Buck Kline, Virginia Department of Forestry • Chris Lee, Piedmont Virginia Companies, Inc. • Ann Mallek, County of Albemarle Board of Supervisors • David Neuman, University of Virginia, Office of the Architect • Mike Osteen, City of Charlottesville Planning Commission • Hank Shugart, University of Virginia, Deptartment of Environmental Sciences • Jay Willer, formerly with Blue Ridge Home Builders Association Ex Officio Members Susan Elliott (County of Albemarle) Andrew Greene (University of Virginia) Andy Lowe (County of Albemarle) Nancy Quirk (City of Charlottesville) Kristel Riddervold (City of Charlottesville) Sarah Temple (formerly with County of Albemarle) City of Charlottesville Emissions Baseline Report (2008) http://www.agreencity.org http://www.charlottesville.org/Index.aspx?page=2142 County of Albemarle Baseline Emissions Report (2009; 2011 revision) http://www.albemarle.org/department.asp?department=envmgt&relpage=3018 Sustainability at the University of Virginia http://www.virginia.edu/sustainability/ Albemarle County Environmental Stewardship Strategic Plan Fiscal Years 2013 through 2020 Vision: To enable the Albemarle County community to reap the health, economic and environmental benefits of sound energy-based decisions by recognizing the Local Climate Action Planning Process Report of 2011 as a valid document to build upon a multi-year program. Mission: To continue to demonstrate leadership in energy reductions at the local level; to build on existing synergies by continued collaboration with all community partners; to integrate the role of energy conservation and carbon emissions in projects and planning; to equip the community at all levels to make informed decisions about impacts of energy efficiencies. Goal 1: Reduce energy demand in all County owned buildings and promote energy conservation throughout the County. Objective 1.1: Build upon our current energy conservation program with additional goals. Beginning in January, 2013 pursue an Energy Management and Conservation Program for all County owned facilities that will reduce energy consumption by an additional 10% by December 2017 for a total energy reduction of 40% since the baseline year 2005. Objective 1.2: Promote the dissemination of energy efficiency information for homes and businesses within the County. Continue to utilize local organizations such as LEAP to reach all aspects of the community. Support Governor McDonnell’s 2010 voluntary Virginia Energy Plan to reduce Virginia’s electricity demand by 10% by 2022 through conservation and efficiency. Objective 1.3: Encourage the use of green building standards and practices for retro- fitting existing buildings and new construction by working with the building and business communities in offering choices of design for better efficiency. Goal 2: Improve travel efficiencies to reduce energy consumption and emissions. Objective 2.1: Reduce fuel consumption used in County owned vehicles by 20% by fiscal year 2017; by fiscal year 2020 have a fleet of vehicles where 25% operate on alternative fuel and the balance has an average fuel rating of 28 mpg. Objective 2.2: Continually analyze and adjust the County’s fleet of vehicles to an appropriate level necessary to conduct the business of the County. Purchase vehicles that have multi-use ability. Reduce to the extent possible the use of private owned vehicles in conducting County business. The goal is to reduce the County fleet 25% from the 2010 baseline by fiscal year 2017. Objective 2.3: Encourage all employers within the County to consider incentives for their employees to reduce fuel consumption. The County will continue to research and work with the City, UVA and local transportation services to identify and compile options for the community; encourage HOV travel; select local goods and services whenever economically feasible to reduce transport-related costs and enhance the local economy; and the use of telecommunication technology to reduce travel. Goal 3: Promote and pursue the reduction of waste that goes to landfill. Objective 3.1: Decrease the volume of materials generated by the County and sent to landfill by 2% each year for 10 years by adopting the “reduce, reuse and recycle” practice; adopt environmentally preferable purchasing policies as allowed by the Virginia Public Procurement Act. Objective 3.2: Increase awareness of and opportunities for business and residents to recycle their used goods. Objective 3.3: Communicate awareness of cost savings opportunities associated with renovation and rehabilitation of existing buildings versus new construction. Return to exec summary COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA 2010-00005 Sign Ordinance Zoning Text Amendments SUBJECT/PROPOSAL/REQUEST: Public Hearing - Proposed Sign Ordinance Zoning Text Amendments STAFF CONTACT(S): Messrs: Foley, Elliott, Davis, Kamptner, Graham, Higgins and Wright; and Ms. McCulley and Ms. Maliszewski LEGAL REVIEW: Yes AGENDA DATE: November 2, 2011 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The Planning Commission held a public hearing on September 13, 2011 on the proposed Zoning Text Amendment (ZTA) to amend the sign regulations (Attachment A) and voted to recommend adoption of the ZTA to the Board with no changes. DISCUSSION: The September 13, 2011 Planning Commission staff report is attached (Attachment B). This staff report provides more detailed information about the background and the specifics of the proposed changes before the Board, as well as the sign ZTA process. Since the Planning Commission public hearing, staff has made three minor non-substantive changes so that the language in this ordinance is consistent with the language in other sections of the County Code. Two of the changes on pages 3 and 5 of the ordinance changed “of the” to “after” so that they read “within X days after Y.” The other change on page 5 inserts the word “temporary” before “sign permit” in the introduction to section 4.15.4(c). These changes are highlighted in the proposed ZTA. BUDGET IMPACT: The proposed changes are expected to reduce the amount of review time currently required by staff, the Planning Commission, the Architectural Review Board and the Board of Supervisors, thereby reducing the cost to the County and the applicants. RECOMMENDATIONS: After the public hearing, staff and the Planning Commission recommend that the Board adopt the proposed ZTA as presented in Attachment A. ATTACHMENTS A: Proposed Ordinance to amend the sign regulations, dated October 24, 2011 B. Staff Executive Summary for the September 13, 2011 Planning Commission Public Hearing C. Board of Supervisors May 12, 2010 Resolution of Intent Planning Commission minutes of September 13, 2011 Return to agenda Draft: 10/24/11 1 ORDINANCE NO. 11-18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC REGULATIONS, AND ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article II, Basic Regulations, and Article III, District Regulations, are hereby amended and reordained as follows: By Amending: Sec. 4.15.1 Purpose and intent Sec. 4.15.2 Definitions Sec. 4.15.4 Signs authorized by sign permit Sec. 4.15.6 Signs exempt from the sign permit requirement Sec. 4.15.7 Prohibited signs and sign characteristics Sec. 4.15.8 Regulations applicable in the MHD, RA, VR, R-1 and R-2 zoning districts Sec. 4.15.9 Regulations applicable in the R-4 and R-6 zoning districts Sec. 4.15.11 Regulations applicable in the PUD, DCD and NMD zoning districts Sec. 4.15.12 Regulations applicable in the C-1 and CO zoning districts Sec. 4.15.13 Regulations applicable in the HC, PD-SC and PD-MC zoning districts Sec. 4.15.14 Regulations applicable in the HI, LI and PD-IP zoning districts Sec. 4.15.15 Regulations applicable in the entrance corridor overlay district Sec. 30.6.4 Certificates of appropriateness Sec. 30.6.5 Development exempt from requirement to obtain certificate of appropriateness By Adding: Sec. 4.15.4A Signs authorized by temporary sign permit Chapter 18. Zoning Article II. Basic Regulations Sec. 4.15.1 Purpose and intent The purpose and intent of this section 4.15 include, but are not limited to, the following: a. The board of supervisors finds that signs are a separate and distinct use of the property upon which they are located and affect the uses and users of adjacent streets, sidewalks and other areas open to the public; that signs are an important means of communication for businesses, organizations, individuals and government; and that the unregulated erection and display of signs constitute a public nuisance detrimental to the health, safety, convenience and general welfare of the public. Therefore, the purpose of this section 4.15 is to establish reasonable regulations pertaining to the time, place and manner in which outdoor signs and window signs may be erected and maintained in order to: 1. Promote the general health, safety and welfare, including the creation of an attractive and harmonious environment; 2. Protect the public investment in the creation, maintenance, safety and appearance of its streets, highways and other areas open to the public; Draft: 10/24/11 2 3. Improve pedestrian and vehicular safety by avoiding saturation and confusion in the field of vision that could otherwise result if such signs were not regulated as provided herein; and 4. Protect and enhance the county's attractiveness to tourists and other visitors as sources of economic development. b. The board of supervisors finds that the regulations in this section 4.15 advance the significant governmental interests identified herein and are the minimum amount of regulation necessary to achieve them. c. Signs are classified and regulated in this section 4.15 by their purpose (e.g., bonus tenant panel), physical type (e.g., freestanding sign), location (e.g., off-site sign) and characteristics (e.g., illuminated sign). By classifying and regulating signs by their purpose, the board of supervisors does not intend to regulate their content and, more specifically, any particular viewpoint, but rather intends to create a reasonable classification by which to regulate the time, place and manner of signs. cd. The regulations in this section 4.15 shall apply to all outdoor signs and window signs. Each sign subject to this section 4.15 shall comply with all regulations applicable to that sign. d. Signs are classified and regulated in this section 4.15 by their purpose (e.g., anchor sign), physical type (e.g., freestanding sign), location (e.g., off-site sign) and characteristics (e.g., illuminated sign). Each sign subject to this section 4.15 shall comply with all regulations applicable to that sign. (12-10-80; 7-8-92, § 4.15.01; Ord. 01-18(3), 5-9-01) State law reference – Va. Code § 15.2-2280. Sec. 4.15.2 Definitions The following definitions shall apply in the interpretation and implementation of this section 4.15: . . . (2) Anchor sign. The term “anchor sign” means a sign that identifies any specific business within a shopping center. (8.1) Bonus tenant panel: The term “bonus tenant panel” means an additional sign permitted for individual tenants in shopping centers or planned developments when added to the freestanding sign for the shopping center or planned development. . . . (14.1) Cornice line. The term “cornice line” means the location of a cornice along the top of a wall; or, for a wall that has no cornice, the corresponding horizontal line along the top of a wall where a cornice would traditionally be located. In all cases, the “cornice line” applies to the main walls of a building and does not apply to features that extend above the top of the main walls of a building. . . . Draft: 10/24/11 3 (16) Electric message sign. The term “electric message sign” means a sign on which the copy can be changed or altered by electric, electro-mechanical or electronic means. . . . (35) Off-site sign. The term “off-site sign” means: (i) within a zoning district other than a planned development, a sign that is not located on the same lot with the use to which it pertains, but does not include a sign located in a public right-of-way; or (ii) within a planned development zoning district, a sign that is not located within the area depicted on the application plan approved for the planned development, but does not include a sign located in a public right-of-way. . . . (12-10-80; 7-8-92, § 4.15.03; Ord. 01-18(3), 5-9-01; Ord. 05-18(4), 3-16-05; Ord. 10-18(1), 1-13-10; Ord. 10- 18(3), 5-5-10; Ord. 10-18(5), 5-12-10) State law reference – Va. Code § 15.2-2280. Sec. 4.15.4 Signs authorized by sign permit Except as provided in sections 4.15.6 (exempt signs) and 4.15.24 (nonconforming signs) Except for temporary signs subject to the permitting requirements of section 4.15.4A, signs exempt from this section under section 4.15.6 or nonconforming signs subject to section 4.15.24, a sign permit shall be required for each sign erected on the same lot with the principal use to which it pertains, prior to its erection, alteration, replacement or relocation, as provided herein: a. Application. An application for a sign permit shall be submitted to the department of building code and zoning services community development, together with payment of the fee required for the application pursuant to section 35.0 35.1 of this chapter. A complete application shall consist of the following: 1. A fully completed application form, provided to the applicant by the zoning administrator; 2. A schematic legibly drawn to scale and sufficiently detailed showing the location and dimen- sions of the sign; and 3. Any plans, specifications and details pertaining to, among other things, the sign materials, the methods of illumination, methods of support, components, and the condition and age of the sign, as determined by the zoning administrator to be necessary for the review of the application. b. Application review and permit issuance. A sign permit application shall be reviewed and acted upon by the zoning administrator only as provided herein: 1. Timing of application. An application for a sign permit may be filed at any time, and if a special use permit for the sign is required under section 4.15.5 or a certificate of appropriateness for the sign is required under section 4.15.15 and section 30.6 of this chapter, the application may be filed with or any time after the application for the special use permit or certificate of appropriateness is filed. 12. Action on application. Within thirty (30) days of the after receipt of a complete sign permit application, or within seven (7) days of the receipt of a complete sign application for a temporary sign, the zoning administrator shall review the application and either: (i) approve the Draft: 10/24/11 4 application; (ii) deny the application; or (iii) refer the application to the applicant for more information as may be required by subsection 4.15.4(Aa)(3); (iv) refer the application to the board of zoning appeals because the applicant must obtain a special use permit pursuant to section 4.15.5; and/or (v) refer the application to the architectural review board because the proposed sign will be located within the entrance corridor overlay district and a certificate of appropriateness is required. An application shall be denied only if the proposed sign is a prohibited sign, or does not comply with the regulations set forth in this section 4.15 or, a required special use permit or certificate of appropriateness for the sign was not granted. If the application is denied, the reasons shall be specified in writing. 23. Failure to timely act. If the zoning administrator fails to take one of the actions described herein within thirty (30) days of receipt of a complete sign permit application, or within seven (7) days of the receipt of a complete sign application for a temporary sign, the permit shall be deemed approved as received. c. Administration, generally. Except for permits issued for temporary signs, which are subject to the regulations in subsection (D), the following regulations shall apply to the administration of sign permits: 1. A sign permit shall become null and void if the use to which the sign permit pertains is not commenced within six (6) months after the date the sign permit, special use permit or certificate of appropriateness is issued, whichever is later or, if the sign contains exclusively noncommercial copy, the sign is not erected within six (6) months after the date the sign permit is issued. Upon written request by the permittee and upon good cause shown, the zoning administrator may grant an extension of the six (6)-month period. 2. The zoning administrator shall revoke a sign permit if the sign does not comply with any applicable regulation of this section 4.15. d. Administration, permits for temporary signs. The following regulations shall apply to the administration of sign permits issued for temporary signs: 1. A temporary sign that is a portable sign shall be stabilized so as not to pose a danger to public safety. Prior to the sign being erected, the zoning administrator shall approve the method of stabilization. 2. No more than four (4) permits for temporary signs shall be issued by the zoning administrator to the same establishment in any calendar year. 3. Each permit for a temporary sign shall be valid for a period not to exceed fifteen (15) consecutive days after the erection of the sign. (12-10-80; 7-8-92, §§ 4.15.09, 4.15.09.1, 4.15.09.2, 4.15.09.3; Ord. 01-18(3), 5-9-01) State law reference – Va. Code §§ 15.2-2280, 15.2-2286. Sec. 4.15.4A Signs authorized by temporary sign permit A permit shall be required for each temporary sign (hereinafter, a “temporary sign permit”), prior to its erection, alteration, replacement or relocation, as provided herein: Draft: 10/24/11 5 a. Application. An application for a temporary sign permit shall be submitted to the department of community development, together with payment of the fee required for the application pursuant to section 35.1 of this chapter, and comply with the application requirements of subsection 4.15.4(a). b. Application review and permit issuance. A temporary sign permit application shall be reviewed and acted upon by the zoning administrator only as provided herein: 1. Action on application. Within seven (7) days after receipt of a complete application, the zoning administrator shall either: (i) approve the application; (ii) deny the application; or (iii) refer the application to the applicant for more information as may be required by section 4.15.4(a)(3). An application shall be denied only if the proposed temporary sign is a prohibited sign or does not comply with the regulations set forth in this section 4.15. If the application is denied, the reasons shall be specified in writing. 2. Failure to timely act. If the zoning administrator fails to take one of the actions described herein within seven (7) days after receipt of a complete sign application for a temporary sign, the permit shall be deemed approved as received. c. Administration. The following regulations shall apply to the administration of temporary sign permits: 1. Number of permits. No more than six (6) temporary sign permits shall be issued by the zoning administrator to the same establishment in any calendar year. 2. Period of validity. Each temporary sign permit shall be valid for a period not to exceed fifteen (15) consecutive days after the erection of the sign, provided that a temporary sign permit issued while a permanent sign is being made may be valid for longer than fifteen (15) days until the permanent sign is erected. 3. Aggregate duration for temporary signs in calendar year. Temporary signs shall not be erected at an establishment for more than sixty (60) days, in the aggregate, in a calendar year. 4. Portable signs; stabilization. A temporary sign that is a portable sign shall be stabilized so as not to pose a danger to public safety. Prior to the sign being erected, the zoning administrator shall approve the method of stabilization. d. Exemptions. A temporary sign permit is not required for a sign exempt from the sign permit requirement under section 4.15.6 or nonconforming signs subject to section 4.15.24. Sec. 4.15.6 Signs exempt from the sign permit requirement The following signs are exempt from the sign permit requirement set forth in to obtain a sign permit under section 4.15.4 and a temporary sign permit under section 4.15.4A, provided that they comply with the regulations set forth below and all other applicable regulations of this section 4.15:. A sign exempt from the requirements to obtain permits under sections 4.15.4 and 4.15.4A is not exempt from the requirement to obtain a special use permit under section 4.15.5 if required. . . . (7) Home occupation class B or major home occupation sign. A home occupation class B or major home occupation sign that does not exceed four (4) square feet in sign area. . . . Draft: 10/24/11 6 (18) Window sign. A permanent window sign, provided that it does not exceed twenty-five percent (25%) of the total area of the window or door on which it is located, and the aggregate area of all window signs on each window or door does not exceed twenty-five percent (25%) fifty percent (50%) of the total area of the window and or door; and further provided that if a permanent window sign will be on a structure within the entrance corridor overlay district and the window sign is visible from an entrance corridor overlay street, that the aggregate area of all window signs shall not exceed nine (9) square feet per business and that a certificate of appropriateness for the window sign is obtained as provided in section 4.15.15. (Amended 3-16-05) . . . (12-10-80; 7-8-92, § 4.15.04; Ord. 01-18(3), 5-9-01; Ord. 05-18(4), 3-16-05; Ord. 10-18(4), 5-5-10) State law reference – Va. Code § 15.2-2280. Sec. 4.15.7 Prohibited signs and sign characteristics Notwithstanding any other provision of this section 4.15, the following signs and sign characteristics are prohibited in all zoning districts: . . . b. Signs with characteristics that create a safety hazard or are contrary to the general welfare. Signs whose construction, design, location or other physical characteristic create a safety hazard or are contrary to the general welfare, as follows: . . . 7. Sign that obstructs vision. A sign that obstructs free or clear vision, or otherwise causes a safety hazard for vehicular, bicycle, or pedestrian traffic due to its location, shape, illumination or color; and window signs whose aggregate area on a window or door exceed twenty-five percent (25%) fifty percent (50%) of the total area of the window or door. (Amended 3-16-05) . . . (12-10-80; 7-8-92, § 4.15.06; Ord. 01-18(3), 5-9-01; Ord. 05-18(4), 3-16-05) State law reference – Va. Code § 15.2-2280. Sec. 4.15.8 Regulations applicable in the MHD, RA, VR, R-1 and R-2 zoning districts The following regulations pertaining to the number of signs permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required within the Monticello Historic District (MHD), Rural Areas (RA), Village Residential (VR) and Residential (R-1 and R-2) zoning districts: Sign Type Number of Signs Allowed Sign Area (Maximum) Sign Height (Maximum) Sign Setback (Minimum) Directory 1 or more per establishment, as authorized by zoning administrator 24 square feet, aggregated 6 feet 10 5 feet Freestanding 1 per street frontage, or 2 per entrance, per lot with 100 or more feet of continuous street frontage, plus 1 per lot if the lot is greater than 24 square feet, aggregated; if more than 1 sign, no single sign shall exceed 12 10 feet 10 5 feet Draft: 10/24/11 7 4 acres and has more than 1 approved entrance on its frontage square feet Subdivision 2 per entrance per subdivision 24 square feet, aggregated, per entrance 6 feet 5 feet Temporary 1 per street frontage per establishment 24 square feet 10 feet, if freestanding sign; 20 feet, if wall sign, but not to exceed the top of the fascia or mansard 10 5 feet Wall As calculated pursuant to section 4.15.20 40 square feet, aggregated in the RA zoning district; 20 square feet, aggregated, in other zoning districts 20 feet Same as that applicable to structure (12-10-80; 7-8-92, § 4.15.12.1; Ord. 01-18(3), 5-9-01; Ord. 05-18(5), 6-8-05) State law reference – Va. Code § 15.2-2280. Sec. 4.15.9 Regulations applicable in the R-4 and R-6 zoning districts The following regulations pertaining to the number of signs permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required within the Residential (R-4 and R-6) zoning districts: Sign Type Number of Signs Allowed Sign Area (Maximum) Sign Height (Maximum) Sign Setback (Minimum) Directory 1 or more per establishment, as authorized by zoning administrator 24 square feet, aggregated 6 feet 10 5 feet Freestanding 1 per street frontage, or 2 per entrance, per lot with 100 or more feet of continuous street frontage plus 1 per lot if the lot is greater than 4 acres and has more than 1 approved entrance on its frontage 24 square feet, aggregated; if more than 1 sign, no single sign shall exceed 12 square feet 10 feet 10 5 feet Projecting 1 per street frontage 24 square feet 20 feet, but not to exceed the top of the fascia or mansard Not applicable Subdivision 2 per entrance per subdivision 24 square feet, aggregated, per entrance 6 feet 5 feet Temporary 1 per street frontage per establishment 24 square feet 10 feet, if freestanding sign; 20 feet, if wall sign, but not to exceed the top of the fascia or mansard 10 5 feet Wall As calculated pursuant to section 4.15.20 20 square feet, aggregated 20 feet Same as that applicable to structure (12-10-80; 7-8-92, § 4.15.12.2; Ord. 01-18(3), 5-9-01) State law reference – Va. Code § 15.2-2280. Sec. 4.15.11 Regulations applicable in the PUD, DCD and NMD zoning districts The following regulations pertaining to the number of signs permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required within the Planned Unit Development (PUD), Downtown Crozet (DCD) and Neighborhood Model (NMD) zoning districts: Sign Type Number of Signs Allowed Sign Area (Maximum) Sign Height (Maximum) Sign Setback (Minimum) Directory 1 or more per establishment, as authorized by zoning administrator 24 square feet, aggregated 6 feet 5 feet 1 per street frontage, or 2 per entrance, per lot 24 32 square feet, 12 feet 5 feet Draft: 10/24/11 8 Freestanding with 100 or more feet of continuous street frontage plus 1 per lot if the lot is greater than 4 acres and has more than 1 approved entrance on its frontage aggregated, plus bonus tenant panels as provided in section 4.15.16(b); if more than 1 sign, no single sign shall exceed 12 square feet Projecting 1 per street frontage 24 square feet 30 feet, but not to exceed the top of the fascia or mansard Not applicable Subdivision 2 per entrance per subdivision 24 square feet, aggregated, per entrance 6 feet 5 feet Temporary 1 per street frontage per establishment 24 square feet 12 feet, if freestanding sign; 20 feet, if residential wall sign; or 30 feet if nonresidential wall sign, but not to exceed the top of the fascia or mansard cornice line 5 feet Wall As calculated pursuant to section 4.15.20 1 square foot 1.5 square feet per 1 linear foot of establishment structure frontage, not to exceed 32 square feet if residential wall sign, or 100 square feet if nonresidential wall sign 20 feet, if residential wall sign; or 30 feet if nonresidential wall sign Not to exceed the cornice line Same as that applicable to structure Within the DCD, oOne (1) sandwich board sign is permitted for each establishment, subject to the following: (1) the sign shall not exceed four (4) feet in height, two (2) feet in width or eight (8) square feet of area per sign face; (2) if the sign is placed on a sidewalk or any other public pedestrian right-of-way, it shall be placed in a location that provides a contiguous and unobstructed pedestrian passageway at least three (3) feet wide; (3) the sign shall not be located in any required off-street parking space, driveway, access easement, alley or fire lane; (4) the sign shall not be illuminated; (5) the sign shall be removed during non-business hours; and (6) if the sign is located on county-owned right-of-way, prior to placement of the sign the owner shall agree to indemnify and hold harmless the county against any claim or liability arising from the placement of the sign, and the agreement shall be in a form and have a substance approved by the county attorney. Sandwich board signs shall be exempt from review and approval under section 30.6 subject to the requirements of section 4.15.16(i). (12-10-80; 7-8-92, § 4.15.12.4; Ord. 01-18(3), 5-9-01; Ord. 03-18(2), 3-19-03; Ord 10-18(1), 1-13-10) State law reference – Va. Code § 15.2-2280. Sec. 4.15.12 Regulations applicable in the C-1, and CO and HC zoning districts The following regulations pertaining to the number of signs permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required within the Commercial (C-1), and Commercial Office (CO) and Highway Commercial (HC) zoning districts: Sign Type Number of Signs Allowed Sign Area (Maximum) Sign Height (Maximum) Sign Setback (Minimum) Directory 1 or more per establishment, as authorized by zoning administrator 24 square feet, aggregated 6 feet 5 feet Freestanding 1 per street frontage, or 2 per entrance, per lot with 100 or more feet of continuous street frontage plus 1 per lot if the lot is greater than 4 acres and has more than 1 approved entrance on its frontage 32 square feet, aggregated, plus bonus tenant panels as provided in section 4.15.16(b); if more than 1 sign at an entrance, no single sign shall exceed 16 square feet 12 feet 5 feet Projecting* 1 per street frontage 32 square feet 30 feet, but not to exceed the top of the Not applicable Draft: 10/24/11 9 fascia or mansard Temporary 1 per street frontage per establishment 32 square feet 12 feet, if freestanding sign; 30 feet if wall sign, but not to exceed the top of the fascia or mansard cornice line 5 feet Wall* As calculated pursuant to section 4.15.20 1 square foot 1.5 square feet per 1 linear foot of establishment structure frontage, not to exceed 100 square feet 30 feet Not to exceed the cornice line Same as that applicable to structure *Each establishment may have both a projecting sign and a wall sign, provided that the aggregate sign area of the two signs shall not exceed thirty-two (32) square feet. If the establishment has both such signs, the allowed sign area of the wall sign shall be reduced by the sign area of the projecting sign (which may not exceed thirty- two (32) square feet). (12-10-80; 7-8-92, § 4.15.12.5; Ord. 01-18(3), 5-9-01) State law reference – Va. Code § 15.2-2280. Sec. 4.15.13 Regulations applicable in the HC, PD-SC and PD-MC zoning districts The following regulations pertaining to the number of signs permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required within the Highway Commercial (HC), Planned Development-Shopping Center (PD-SC) and Planned Development-Mixed Commercial (PD-MC) zoning districts: Sign Type Number of Signs Allowed Sign Area (Maximum) Sign Height (Maximum) Sign Setback (Minimum) Directory 1 or more per establishment, as authorized by zoning administrator 24 square feet, aggregated 6 feet 5 feet Freestanding 1 per street frontage, or 2 per entrance, per lot with 100 or more feet of continuous street frontage plus 1 per lot if the lot is greater than 4 acres and has more than 1 approved entrance on its frontage 32 square feet, aggregated, plus bonus tenant panels as provided in section 4.15.16(b); if more than 1 sign at an entrance, no single sign shall exceed 16 square feet 12 16 feet 5 feet Projecting* 1 per street frontage 32 square feet 30 feet, but not to exceed the top of the fascia or mansard Not applicable Temporary 1 per street frontage per establishment 32 square feet 12 feet, if freestanding sign; 30 feet if wall sign, but not to exceed the top of the fascia or mansard cornice line 5 feet Wall* As calculated pursuant to section 4.15.20 1.5 square feet per 1 linear foot of establishment structure frontage, not to exceed 200 square feet 30 feet Not to exceed the cornice line Same as that applicable to structure *Each establishment may have both a projecting sign and a wall sign, provided that the aggregate sign area of the two signs shall not exceed thirty-two (32) square feet. If the establishment has both such signs, the allowed sign area of the wall sign shall be reduced by the sign area of the projecting sign (which may not exceed thirty- two (32) square feet. One (1) sandwich board sign is permitted for each establishment, subject to the requirements of section 4.15.16(i). Draft: 10/24/11 10 (12-10-80; 7-8-92, § 4.15.12.6; Ord. 01-18(3), 5-9-01) State law reference – Va. Code § 15.2-2280. Sec. 4.15.14 Regulations applicable in the HI, LI and PD-IP zoning districts The following regulations pertaining to the number of signs permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required within the Heavy Industry (HI), Light Industry (LI) and Planned Development-Industrial Park (PD-IP) zoning districts. Sign Type Number of Signs Allowed Sign Area (Maximum) Sign Height (Maximum) Sign Setback (Minimum) Directory 1 or more per establishment, as authorized by zoning administrator 24 square feet, aggregated 6 feet 5 feet Freestanding 1 per street frontage, or 2 per entrance, per lot with 100 or more feet of continuous street frontage plus 1 per lot if the lot is greater than 4 acres and has more than 1 approved entrance on its frontage 32 square feet, aggregate, plus bonus tenant panels as provided in section 4.15.16(b); if more than 1 sign at an entrance, no single sign shall exceed 16 square feet 12 feet 5 feet Projecting* 1 per street frontage 32 square feet 30 feet, but not to exceed the top of the fascia or mansard 5 feet Temporary 1 per street frontage per establishment 32 square feet 12 feet, if freestanding sign; 30 feet if wall sign, but not to exceed the top of the fascia or mansard cornice line 5 feet Wall* As calculated pursuant to section 4.15.20 1.5 square feet per 1 linear foot of establishment structure frontage, not to exceed 200 square feet 30 feet Not to exceed the cornice line Same as that applicable to structure *Each establishment may have both a projecting sign and a wall sign, provided that the aggregate sign area of the two signs shall not exceed thirty-two (32) square feet. If the establishment has both such signs, the allowed sign area of the wall sign shall be reduced by the sign area of the projecting sign (which may not exceed thirty- two (32) square feet). Within the PD-IP zoning district, one (1) sandwich board sign is permitted for each establishment, subject to the requirements of section 4.15.16(i). (12-10-80; 7-8-92, § 4.15.12.7; Ord. 01-18(3), 5-9-01) State law reference – Va. Code § 15.2-2280. Sec. 4.15.15 Regulations applicable in the entrance corridor overlay district In addition to all other regulations set forth in this section 4.15, the following regulations shall apply within the entrance corridor overlay zoning district: a. Certificate of appropriateness required. Prior to the erection of a sign that would be visible from an entrance corridor street, including a sign erected on or visible through a window on a structure, the owner or lessee of the lot on which the sign will be located shall obtain a certificate of appropriateness for that sign unless the sign is exempt under section 30.6.5(d). Draft: 10/24/11 11 b. Authority and procedure for acting upon application for certificate of appropriateness. The authority and procedure for acting upon an application for a certificate of appropriateness for a sign shall be as set forth in section 30.6. c. Opaque backgrounds. All internally illuminated box-style and cabinet-style signs shall have an opaque background. (12-10-80; 7-8-92, § 4.15.12.8; Ord. 01-18(3), 5-9-01; Ord. 10-18(5), 5-12-10) State law reference – Va. Code §§ 15.2-2280, 15.2-2286. Sec. 4.15.16 Regulations applicable to certain sign types In addition to all other regulations set forth in this section 4.15, the following regulations apply to the sign types identified herein: . . . b. Anchor signs Bonus tenant panels. In each shopping center exceeding one hundred thousand (100,000) fifty thousand (50,000) square feet in gross floor area: (i) one (1) freestanding anchor sign bonus tenant panel shall be permitted for each one hundred thousand (100,000) fifty thousand (50,000) square feet in gross floor area, not to exceed four (4) anchor signs bonus tenant panels at the shopping center; and (ii) each anchor sign no bonus tenant panel shall not exceed six (6) eight (8) square feet in sign area. . . . i. Wall signs. In order to be eligible to have a wall sign, the establishment shall have an exterior wall. Sandwich board signs. Sandwich board signs shall be subject to the following: (1) the sign shall not exceed four (4) feet in height, two (2) feet in width or eight (8) square feet of area per sign face; (2) if the sign is placed on a sidewalk or any other public pedestrian right-of-way, it shall be placed in a location that provides a contiguous and unobstructed pedestrian passageway at least three (3) feet wide; (3) the sign shall not be located in any required off-street parking space, driveway, access easement, alley or fire lane; (4) the sign shall not be illuminated; (5) the sign shall be removed during non-business hours; and (6) if the sign is located on county-owned right-of-way, prior to placement of the sign, the owner shall agree to indemnify and hold harmless the county against any claim or liability arising from the placement of the sign, and the agreement shall be in a form and have a substance approved by the county attorney. j. Signs using rare gas illumination. Signs using exposed rare gas illumination, and signs within the entrance corridor overlay district visible from an entrance corridor overlay street that use rare gas illumination covered by a transparent material, shall not have a brightness that exceeds thirty (30) milliamps. Brightness shall be determined by the zoning administrator, who shall consider information provided by the sign manufacturer, the rated size of the sign’s transformer, and any other relevant information deemed appropriate. (Added 3-16-05) k. Wall signs. In order to be eligible to have a wall sign, the establishment shall have an exterior wall. (12-10-80; 7-8-92, § 4.15.12; Ord. 01-18(3), 5-9-01; Ord. 05-18(4), 3-16-05) State law reference – Va. Code § 15.2-2280. Draft: 10/24/11 12 Article III. District Regulations Sec. 30.6.4 Certificates of appropriateness The architectural review board is authorized to issue certificates of appropriateness for any structure, and associated improvements, or any portion thereof, that are visible from the EC street to which the parcel is contiguous, as follows: . . . b. Types of certificates of appropriateness. The architectural review board is authorized to issue the following types of certificates of appropriateness: 1. Specific developments. For specific developments associated with one or more building permits or a single site plan. 2. Signs in a new multi-business complex or shopping center. For all of the signs in a new multi- business complex or shopping center, where the architectural review board first conducts a comprehensive sign review. Once a certificate of appropriateness for signs in a new multi- business complex or shopping center is issued, the director of planning is authorized to determine whether a particular sign satisfies the conditions of the certificate of appropriateness. 3. County-wide certificates of appropriateness. County-wide certificates of appropriateness may be issued for classes of structures, sites, improvements, or architectural elements, subject to the applicable design criteria and procedures, as follows: a. Categories of structures, sites, improvements, or architectural elements eligible for county-wide certificates of appropriateness. The following categories of structures, sites, improvements, or architectural elements shall be eligible for county-wide certificates of appropriateness: 1. Structures located seven hundred fifty (750) feet or more from an EC street that are not more than five (5) stories tall. 2. Structures that are proposed to be located behind another structure that fronts an EC street as viewed from the EC street, where the rear structure is no more than twice the height of the front structure. 3. Personal wireless service facilities. 4. Wall signs proposed for structures having a single occupant Signs. 5. Safety fencing and screening fencing. 6. New or replacement rooftop-mounted or ground-mounted equipment. 7. Additions to structures or improvements for which a certificate of appropriateness was issued, where the design of the addition to the structure or improvement is consistent with the architectural design approved with the certificate of appropriateness. 8. New structure or site lighting or changes to existing structure or site lighting. Draft: 10/24/11 13 9. Minor amendments to site plans and architectural plans. 10. Building permits for which the proposed change occupies fifty (50) percent or less of the altered elevation of an existing structure. 11. Permits classified in sections 5-202, 5-203, 5-204 and 5-208(A) not otherwise exempt under section 30.6.5(k). . . . (§ 30.6.4, 10-3-90; § 30.6.4.1, 10-3-90; 5-18-94; § 30.6.4.2, 10-3-90; §30.6.5(formerly § 30.6.3.2, 7-8-92; Ord. 01-18(3), 5-9-01); § 30.6.4, Ord. 10-18(5), 5-12-10) Sec. 30.6.5 Development exempt from requirement to obtain certificate of appropriateness The following development is exempt from the requirements of section 30.6: . . . d. Agricultural product signs, political signs, public signs, sandwich board signs, temporary signs, and sandwich board signs window signs and signs exempt from the sign permit requirement under section 4.15.6. . . . (§ 30.6.6, 10-3-90; § 30.6.6.1, 10-3-90; § 30.6.6.2, 10-3-90, 6-14-00; § 30.6.6.3, 5-18-94; § 30.6.5; Ord. 10- 18(5), 5-12-10) (Formerly SIGNS, Now see 30.6.4, 5-12-10) Return to exec summary COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA 2010-00005 Proposed Sign Ordinance Zoning Text Amendments SUBJECT/PROPOSAL/REQUEST: Public Hearing – Proposed Sign Ordinance Zoning Text Amendments STAFF: Greg Kamptner, Ron Higgins, Stewart Wright, Margaret Maliszewski PLANNING COMMISSION PUBLIC HEARING DATE: September 13, 2011 BACKGROUND and ORIGIN: On January 6, 2010, the Albemarle County Board of Supervisors adopted a “2010 Albemarle County Action Plan” (see Attachment B) which included as item #6 the following: “Sign Ordinances – The sign ordinances need to be re-examined to ensure they do not overly restrict economic vitality of area businesses. Staff should work with local retailers to develop new ordinances that will help promote good business practices as well as maintaining quality aesthetic values.” The Board of Supervisors adopted a Resolution of Intent on the Sign zoning text amendments (ZTA) on May 12, 2010 (see Attachment C). Throughout this process we hosted three roundtable discussions to seek input from those in the sign industry, business community, local elected and appointed officials and various other groups, to hear what they had to say about the present sign ordinance and sign permit approval process and, finally, to comment on the proposed ordinance draft. On August 16, 2010 we held a work session on the Potential Sign ZTAs with the ARB. They were asked to comment on a number of items, including: the predictability of the sign review process in the entrance corridors; improvements in sign application materials and application process; changes in sign regulations for planned developments; making some standards more consistent (e.g. wall sign allowances, freestanding sign setbacks); window sign regulations and applicability; review of sign packages and coordination with site plans; entrance corridor guidelines, and; increased heights for wall signs. The ARB supported changes and suggested that regulations be simplified in most cases. We brought the results of the roundtables, ARB discussions and other comments to you for discussion at your work session on October 19, 2010. At that session we presented a number of proposed changes and received comments and guidance on those. The proposed sign ordinance changes reflect that guidance. DISCUSSION: As you will recall, we heard more about the sign review and approval process than about sign standards throughout the discovery process. It was evident in the discussions with various stakeholders that the perception was that the process took too much time and effort on the applicant’s part. To this end the staff and ARB has implemented a number of efforts to streamline the approval process, including: better coaching of applicants on what to provide to get a speedy review; county-wide administrative ARB approval standards, and; improvement to the sign application and materials to better 2 Planning Commission Public Hearing, September 13, 2011 2 guide applicants. This has resulted in significant reductions in the time it takes to review and approve sign permits , as we reported at your October 19, 2010 Work Session. Regarding the sign ordinance changes, we heard that these should be limited and result in simplifications and improvements in process that save time for applicants, boards and staff. All of the text amendments proposed are intended to do that. It was important to not develop amendments that would increase staff time in an era of reduced staffing levels. For example, eliminating reviews for special permits for off-site signs in planned developments saves staff time in developing a report to the Board of Zoning Appeals, saves the Board time in reviewing such applications and saves applicants time and money by permitting an administrative review without the costly application fee and advertising fees. Not requiring a permit or review for window signs reduces staff time and the standard simplifies enforcement of the regulations by Code Enforcement Officers. PROPOSED SIGN ORDINANCE CHANGES: The changes that are represented in the Proposed Ordinance to amend sign regulations include the following, along with some reference corrections and clarifications (see Attachment A): Planned Developments and shopping centers: --The “site” has been redefined to include the entire planned development in order to address the issue of “off-site” signs in unified developments, thus no longer requiring an SP for these. --The size for a freestanding sign for planned developments and shopping centers has been increased to allow for up to 54 sq. ft. maximum if “bonus tenant panel” signs are to be included within the primary sign. The current ordinance limits this to 32 sq. ft. in some districts and 24 sq. ft. in other districts. Currently, in shopping centers with at least 100,000 sq. ft. in gross floor area you can have one anchor sign at 6 sq. ft. for each 100,000 sq. ft. This provision has been eliminated and replaced with the “bonus tenant panel” sign type. --The anchor sign provision has been eliminated and replaced with a “bonus tenant panel” definition and provision which eliminates multiple freestanding tenant signs. Freestanding and monuments signs: --Setbacks have been made consistent (e.g. all 5’ instead of some at 5’ and some at 10’ as the current regulations require). Wall Signs: --The area maximum has been made the same in all commercial and planned districts (e.g. 1½ sq. ft. of area for each 1 linear foot of wall)? Currently it is 1:1 in some and 1½ :1 in other areas. --The height would now be allowed to be above the current 30’ maximum in non-residential development for buildings that are taller. This is now defined as “not to exceed the cornice line and the “cornice line” has been defined. Temporary Signs: --The number per year has been increase from the current limit of four to six. --The length of time they are up remains the current limit of 15 days. However this can be done in any combination of time periods as long as the aggregate does not exceed the current calendar year limit of sixty (60) days. --The fifteen day limit does not apply to a temporary sign erected while a permanent sign is being made. However, the sixty day calendar year limit would still apply to such signs. --Sandwich board signs would now be allowed in all planned development districts as they currently are in the Downtown Crozet district. 3 Planning Commission Public Hearing, September 13, 2011 3 Window Signs: --Window signs would not be subject to permits or ARB approvals. --Window signs would now have a 50% maximum coverage area per window. --Window signs that exceed 50% coverage would now be prohibited signs. PUBLIC PURPOSE TO BE SERVED: As stated earlier, all of the changes would result in more clarity for applicants, reduced staff and board time and reduced cost to the applicants. The changes would not have an adverse impact on aesthetic values present in the county. RECOMMENDATION: Staff recommends that the Planning Commission recommend to the Board of Supervisors, approval of the proposed Ordinance to amend various sign regulations in the Zoning Ordinance as found in Attachment A. ATTACHMENTS: A: Proposed Ordinance to amend the sign regulations, dated 8/29/2011 B: Board of Supervisors “2010 Albemarle County Action Plan” C: Board of Supervisors May 12, 2010 Resolution of Intent D: Current Schedule for the Sign ZTA process Return to exec summary Draft: 08/29/11 1 ORDINANCE NO. 11-18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC REGULATIONS, AND ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article II, Basic Regulations, and Article III, District Regulations, are hereby amended and reordained as follows: By Amending: Sec. 4.15.1 Purpose and intent Sec. 4.15.2 Definitions Sec. 4.15.4 Signs authorized by sign permit Sec. 4.15.6 Signs exempt from the sign permit requirement Sec. 4.15.7 Prohibited signs and sign characteristics Sec. 4.15.8 Regulations applicable in the MHD, RA, VR, R-1 and R-2 zoning districts Sec. 4.15.9 Regulations applicable in the R-4 and R-6 zoning districts Sec. 4.15.11 Regulations applicable in the PUD, DCD and NMD zoning districts Sec. 4.15.12 Regulations applicable in the C-1 and CO zoning districts Sec. 4.15.13 Regulations applicable in the HC, PD-SC and PD-MC zoning districts Sec. 4.15.14 Regulations applicable in the HI, LI and PD-IP zoning districts Sec. 4.15.15 Regulations applicable in the entrance corridor overlay district Sec. 30.6.4 Certificates of appropriateness Sec. 30.6.5 Development exempt from requirement to obtain certificate of appropriateness By Adding: Sec. 4.15.4A Signs authorized by temporary sign permit Chapter 18. Zoning Article II. Basic Regulations Sec. 4.15.1 Purpose and intent The purpose and intent of this section 4.15 include, but are not limited to, the following: a. The board of supervisors finds that signs are a separate and distinct use of the property upon which they are located and affect the uses and users of adjacent streets, sidewalks and other areas open to the public; that signs are an important means of communication for businesses, organizations, individuals and government; and that the unregulated erection and display of signs constitute a public nuisance detrimental to the health, safety, convenience and general welfare of the public. Therefore, the purpose of this section 4.15 is to establish reasonable regulations pertaining to the time, place and manner in which outdoor signs and window signs may be erected and maintained in order to: 1. Promote the general health, safety and welfare, including the creation of an attractive and harmonious environment; 2. Protect the public investment in the creation, maintenance, safety and appearance of its streets, highways and other areas open to the public; Draft: 08/29/11 2 3. Improve pedestrian and vehicular safety by avoiding saturation and confusion in the field of vision that could otherwise result if such signs were not regulated as provided herein; and 4. Protect and enhance the county's attractiveness to tourists and other visitors as sources of economic development. b. The board of supervisors finds that the regulations in this section 4.15 advance the significant governmental interests identified herein and are the minimum amount of regulation necessary to achieve them. c. Signs are classified and regulated in this section 4.15 by their purpose (e.g., bonus tenant panel), physical type (e.g., freestanding sign), location (e.g., off-site sign) and characteristics (e.g., illuminated sign). By classifying and regulating signs by their purpose, the board of supervisors does not intend to regulate their content and, more specifically, any particular viewpoint, but rather intends to create a reasonable classification by which to regulate the time, place and manner of signs. cd. The regulations in this section 4.15 shall apply to all outdoor signs and window signs. Each sign subject to this section 4.15 shall comply with all regulations applicable to that sign. d. Signs are classified and regulated in this section 4.15 by their purpose (e.g., anchor sign), physical type (e.g., freestanding sign), location (e.g., off-site sign) and characteristics (e.g., illuminated sign). Each sign subject to this section 4.15 shall comply with all regulations applicable to that sign. (12-10-80; 7-8-92, § 4.15.01; Ord. 01-18(3), 5-9-01) State law reference – Va. Code § 15.2-2280. Sec. 4.15.2 Definitions The following definitions shall apply in the interpretation and implementation of this section 4.15: . . . (2) Anchor sign. The term “anchor sign” means a sign that identifies any specific business within a shopping center. (8.1) Bonus tenant panel: The term “bonus tenant panel” means an additional sign permitted for individual tenants in shopping centers or planned developments when added to the freestanding sign for the shopping center or planned development. . . . (14.1) Cornice line. The term “cornice line” means the location of a cornice along the top of a wall; or, for a wall that has no cornice, the corresponding horizontal line along the top of a wall where a cornice would traditionally be located. In all cases, the “cornice line” applies to the main walls of a building and does not apply to features that extend above the top of the main walls of a building. . . . Draft: 08/29/11 3 (16) Electric message sign. The term “electric message sign” means a sign on which the copy can be changed or altered by electric, electro-mechanical or electronic means. . . . (35) Off-site sign. The term “off-site sign” means: (i) within a zoning district other than a planned development, a sign that is not located on the same lot with the use to which it pertains, but does not include a sign located in a public right-of-way; or (ii) within a planned development zoning district, a sign that is not located within the area depicted on the application plan approved for the planned development, but does not include a sign located in a public right-of-way. . . . (12-10-80; 7-8-92, § 4.15.03; Ord. 01-18(3), 5-9-01; Ord. 05-18(4), 3-16-05; Ord. 10-18(1), 1-13-10; Ord. 10- 18(3), 5-5-10; Ord. 10-18(5), 5-12-10) State law reference – Va. Code § 15.2-2280. Sec. 4.15.4 Signs authorized by sign permit Except as provided in sections 4.15.6 (exempt signs) and 4.15.24 (nonconforming signs) Except for temporary signs subject to the permitting requirements of section 4.15.4A, signs exempt from this section under section 4.15.6 or nonconforming signs subject to section 4.15.24, a sign permit shall be required for each sign erected on the same lot with the principal use to which it pertains, prior to its erection, alteration, replacement or relocation, as provided herein: a. Application. An application for a sign permit shall be submitted to the department of building code and zoning services community development, together with payment of the fee required for the application pursuant to section 35.0 35.1 of this chapter. A complete application shall consist of the following: 1. A fully completed application form, provided to the applicant by the zoning administrator; 2. A schematic legibly drawn to scale and sufficiently detailed showing the location and dimen- sions of the sign; and 3. Any plans, specifications and details pertaining to, among other things, the sign materials, the methods of illumination, methods of support, components, and the condition and age of the sign, as determined by the zoning administrator to be necessary for the review of the application. b. Application review and permit issuance. A sign permit application shall be reviewed and acted upon by the zoning administrator only as provided herein: 1. Timing of application. An application for a sign permit may be filed at any time, and if a special use permit for the sign is required under section 4.15.5 or a certificate of appropriateness for the sign is required under section 4.15.15 and section 30.6 of this chapter, the application may be filed with or any time after the application for the special use permit or certificate of appropriateness is filed. 12. Action on application. Within thirty (30) days of the receipt of a complete sign permit application, or within seven (7) days of the receipt of a complete sign application for a temporary sign, the zoning administrator shall review the application and either: (i) approve the Draft: 08/29/11 4 application; (ii) deny the application; or (iii) refer the application to the applicant for more information as may be required by subsection 4.15.4(Aa)(3); (iv) refer the application to the board of zoning appeals because the applicant must obtain a special use permit pursuant to section 4.15.5; and/or (v) refer the application to the architectural review board because the proposed sign will be located within the entrance corridor overlay district and a certificate of appropriateness is required. An application shall be denied only if the proposed sign is a prohibited sign, or does not comply with the regulations set forth in this section 4.15 or, a required special use permit or certificate of appropriateness for the sign was not granted. If the application is denied, the reasons shall be specified in writing. 23. Failure to timely act. If the zoning administrator fails to take one of the actions described herein within thirty (30) days of receipt of a complete sign permit application, or within seven (7) days of the receipt of a complete sign application for a temporary sign, the permit shall be deemed approved as received. c. Administration, generally. Except for permits issued for temporary signs, which are subject to the regulations in subsection (D), the following regulations shall apply to the administration of sign permits: 1. A sign permit shall become null and void if the use to which the sign permit pertains is not commenced within six (6) months after the date the sign permit, special use permit or certificate of appropriateness is issued, whichever is later or, if the sign contains exclusively noncommercial copy, the sign is not erected within six (6) months after the date the sign permit is issued. Upon written request by the permittee and upon good cause shown, the zoning administrator may grant an extension of the six (6)-month period. 2. The zoning administrator shall revoke a sign permit if the sign does not comply with any applicable regulation of this section 4.15. d. Administration, permits for temporary signs. The following regulations shall apply to the administration of sign permits issued for temporary signs: 1. A temporary sign that is a portable sign shall be stabilized so as not to pose a danger to public safety. Prior to the sign being erected, the zoning administrator shall approve the method of stabilization. 2. No more than four (4) permits for temporary signs shall be issued by the zoning administrator to the same establishment in any calendar year. 3. Each permit for a temporary sign shall be valid for a period not to exceed fifteen (15) consecutive days after the erection of the sign. (12-10-80; 7-8-92, §§ 4.15.09, 4.15.09.1, 4.15.09.2, 4.15.09.3; Ord. 01-18(3), 5-9-01) State law reference – Va. Code §§ 15.2-2280, 15.2-2286. Sec. 4.15.4A Signs authorized by temporary sign permit A permit shall be required for each temporary sign (hereinafter, a “temporary sign permit”), prior to its erection, alteration, replacement or relocation, as provided herein: Draft: 08/29/11 5 a. Application. An application for a temporary sign permit shall be submitted to the department of community development, together with payment of the fee required for the application pursuant to section 35.1 of this chapter, and comply with the application requirements of subsection 4.15.4(a). b. Application review and permit issuance. A temporary sign permit application shall be reviewed and acted upon by the zoning administrator only as provided herein: 1. Action on application. Within seven (7) days after receipt of a complete application, the zoning administrator shall either: (i) approve the application; (ii) deny the application; or (iii) refer the application to the applicant for more information as may be required by section 4.15.4(a)(3). An application shall be denied only if the proposed temporary sign is a prohibited sign or does not comply with the regulations set forth in this section 4.15. If the application is denied, the reasons shall be specified in writing. 2. Failure to timely act. If the zoning administrator fails to take one of the actions described herein within seven (7) days of the receipt of a complete sign application for a temporary sign, the permit shall be deemed approved as received. c. Administration. The following regulations shall apply to the administration of sign permits: 1. Number of permits. No more than six (6) temporary sign permits shall be issued by the zoning administrator to the same establishment in any calendar year. 2. Period of validity. Each temporary sign permit shall be valid for a period not to exceed fifteen (15) consecutive days after the erection of the sign, provided that a temporary sign permit issued while a permanent sign is being made may be valid for longer than fifteen (15) days until the permanent sign is erected. 3. Aggregate duration for temporary signs in calendar year. Temporary signs shall not be erected at an establishment for more than sixty (60) days, in the aggregate, in a calendar year. 4. Portable signs; stabilization. A temporary sign that is a portable sign shall be stabilized so as not to pose a danger to public safety. Prior to the sign being erected, the zoning administrator shall approve the method of stabilization. d. Exemptions. A temporary sign permit is not required for a sign exempt from the sign permit requirement under section 4.15.6 or nonconforming signs subject to section 4.15.24. Sec. 4.15.6 Signs exempt from the sign permit requirement The following signs are exempt from the sign permit requirement set forth in to obtain a sign permit under section 4.15.4 and a temporary sign permit under section 4.15.4A, provided that they comply with the regulations set forth below and all other applicable regulations of this section 4.15:. A sign exempt from the requirements to obtain permits under sections 4.15.4 and 4.15.4A is not exempt from the requirement to obtain a special use permit under section 4.15.5 if required. . . . (7) Home occupation class B or major home occupation sign. A home occupation class B or major home occupation sign that does not exceed four (4) square feet in sign area. . . . Draft: 08/29/11 6 (18) Window sign. A permanent window sign, provided that it does not exceed twenty-five percent (25%) of the total area of the window or door on which it is located, and the aggregate area of all window signs on each window or door does not exceed twenty-five percent (25%) fifty percent (50%) of the total area of the window and or door; and further provided that if a permanent window sign will be on a structure within the entrance corridor overlay district and the window sign is visible from an entrance corridor overlay street, that the aggregate area of all window signs shall not exceed nine (9) square feet per business and that a certificate of appropriateness for the window sign is obtained as provided in section 4.15.15. (Amended 3-16-05) . . . (12-10-80; 7-8-92, § 4.15.04; Ord. 01-18(3), 5-9-01; Ord. 05-18(4), 3-16-05; Ord. 10-18(4), 5-5-10) State law reference – Va. Code § 15.2-2280. Sec. 4.15.7 Prohibited signs and sign characteristics Notwithstanding any other provision of this section 4.15, the following signs and sign characteristics are prohibited in all zoning districts: . . . b. Signs with characteristics that create a safety hazard or are contrary to the general welfare. Signs whose construction, design, location or other physical characteristic create a safety hazard or are contrary to the general welfare, as follows: . . . 7. Sign that obstructs vision. A sign that obstructs free or clear vision, or otherwise causes a safety hazard for vehicular, bicycle, or pedestrian traffic due to its location, shape, illumination or color; and window signs whose aggregate area on a window or door exceed twenty-five percent (25%) fifty percent (50%) of the total area of the window or door. (Amended 3-16-05) . . . (12-10-80; 7-8-92, § 4.15.06; Ord. 01-18(3), 5-9-01; Ord. 05-18(4), 3-16-05) State law reference – Va. Code § 15.2-2280. Sec. 4.15.8 Regulations applicable in the MHD, RA, VR, R-1 and R-2 zoning districts The following regulations pertaining to the number of signs permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required within the Monticello Historic District (MHD), Rural Areas (RA), Village Residential (VR) and Residential (R-1 and R-2) zoning districts: Sign Type Number of Signs Allowed Sign Area (Maximum) Sign Height (Maximum) Sign Setback (Minimum) Directory 1 or more per establishment, as authorized by zoning administrator 24 square feet, aggregated 6 feet 10 5 feet Freestanding 1 per street frontage, or 2 per entrance, per lot with 100 or more feet of continuous street frontage, plus 1 per lot if the lot is greater than 24 square feet, aggregated; if more than 1 sign, no single sign shall exceed 12 10 feet 10 5 feet Draft: 08/29/11 7 4 acres and has more than 1 approved entrance on its frontage square feet Subdivision 2 per entrance per subdivision 24 square feet, aggregated, per entrance 6 feet 5 feet Temporary 1 per street frontage per establishment 24 square feet 10 feet, if freestanding sign; 20 feet, if wall sign, but not to exceed the top of the fascia or mansard 10 5 feet Wall As calculated pursuant to section 4.15.20 40 square feet, aggregated in the RA zoning district; 20 square feet, aggregated, in other zoning districts 20 feet Same as that applicable to structure (12-10-80; 7-8-92, § 4.15.12.1; Ord. 01-18(3), 5-9-01; Ord. 05-18(5), 6-8-05) State law reference – Va. Code § 15.2-2280. Sec. 4.15.9 Regulations applicable in the R-4 and R-6 zoning districts The following regulations pertaining to the number of signs permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required within the Residential (R-4 and R-6) zoning districts: Sign Type Number of Signs Allowed Sign Area (Maximum) Sign Height (Maximum) Sign Setback (Minimum) Directory 1 or more per establishment, as authorized by zoning administrator 24 square feet, aggregated 6 feet 10 5 feet Freestanding 1 per street frontage, or 2 per entrance, per lot with 100 or more feet of continuous street frontage plus 1 per lot if the lot is greater than 4 acres and has more than 1 approved entrance on its frontage 24 square feet, aggregated; if more than 1 sign, no single sign shall exceed 12 square feet 10 feet 10 5 feet Projecting 1 per street frontage 24 square feet 20 feet, but not to exceed the top of the fascia or mansard Not applicable Subdivision 2 per entrance per subdivision 24 square feet, aggregated, per entrance 6 feet 5 feet Temporary 1 per street frontage per establishment 24 square feet 10 feet, if freestanding sign; 20 feet, if wall sign, but not to exceed the top of the fascia or mansard 10 5 feet Wall As calculated pursuant to section 4.15.20 20 square feet, aggregated 20 feet Same as that applicable to structure (12-10-80; 7-8-92, § 4.15.12.2; Ord. 01-18(3), 5-9-01) State law reference – Va. Code § 15.2-2280. Sec. 4.15.11 Regulations applicable in the PUD, DCD and NMD zoning districts The following regulations pertaining to the number of signs permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required within the Planned Unit Development (PUD), Downtown Crozet (DCD) and Neighborhood Model (NMD) zoning districts: Sign Type Number of Signs Allowed Sign Area (Maximum) Sign Height (Maximum) Sign Setback (Minimum) Directory 1 or more per establishment, as authorized by zoning administrator 24 square feet, aggregated 6 feet 5 feet 1 per street frontage, or 2 per entrance, per lot 24 32 square feet, 12 feet 5 feet Draft: 08/29/11 8 Freestanding with 100 or more feet of continuous street frontage plus 1 per lot if the lot is greater than 4 acres and has more than 1 approved entrance on its frontage aggregated, plus bonus tenant panels as provided in section 4.15.16(b); if more than 1 sign, no single sign shall exceed 12 square feet Projecting 1 per street frontage 24 square feet 30 feet, but not to exceed the top of the fascia or mansard Not applicable Subdivision 2 per entrance per subdivision 24 square feet, aggregated, per entrance 6 feet 5 feet Temporary 1 per street frontage per establishment 24 square feet 12 feet, if freestanding sign; 20 feet, if residential wall sign; or 30 feet if nonresidential wall sign, but not to exceed the top of the fascia or mansard cornice line 5 feet Wall As calculated pursuant to section 4.15.20 1 square foot 1.5 square feet per 1 linear foot of establishment structure frontage, not to exceed 32 square feet if residential wall sign, or 100 square feet if nonresidential wall sign 20 feet, if residential wall sign; or 30 feet if nonresidential wall sign Not to exceed the cornice line Same as that applicable to structure Within the DCD, oOne (1) sandwich board sign is permitted for each establishment, subject to the following: (1) the sign shall not exceed four (4) feet in height, two (2) feet in width or eight (8) square feet of area per sign face; (2) if the sign is placed on a sidewalk or any other public pedestrian right-of-way, it shall be placed in a location that provides a contiguous and unobstructed pedestrian passageway at least three (3) feet wide; (3) the sign shall not be located in any required off-street parking space, driveway, access easement, alley or fire lane; (4) the sign shall not be illuminated; (5) the sign shall be removed during non-business hours; and (6) if the sign is located on county-owned right-of-way, prior to placement of the sign the owner shall agree to indemnify and hold harmless the county against any claim or liability arising from the placement of the sign, and the agreement shall be in a form and have a substance approved by the county attorney. Sandwich board signs shall be exempt from review and approval under section 30.6 subject to the requirements of section 4.15.16(i). (12-10-80; 7-8-92, § 4.15.12.4; Ord. 01-18(3), 5-9-01; Ord. 03-18(2), 3-19-03; Ord 10-18(1), 1-13-10) State law reference – Va. Code § 15.2-2280. Sec. 4.15.12 Regulations applicable in the C-1, and CO and HC zoning districts The following regulations pertaining to the number of signs permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required within the Commercial (C-1), and Commercial Office (CO) and Highway Commercial (HC) zoning districts: Sign Type Number of Signs Allowed Sign Area (Maximum) Sign Height (Maximum) Sign Setback (Minimum) Directory 1 or more per establishment, as authorized by zoning administrator 24 square feet, aggregated 6 feet 5 feet Freestanding 1 per street frontage, or 2 per entrance, per lot with 100 or more feet of continuous street frontage plus 1 per lot if the lot is greater than 4 acres and has more than 1 approved entrance on its frontage 32 square feet, aggregated, plus bonus tenant panels as provided in section 4.15.16(b); if more than 1 sign at an entrance, no single sign shall exceed 16 square feet 12 feet 5 feet Projecting* 1 per street frontage 32 square feet 30 feet, but not to exceed the top of the Not applicable Draft: 08/29/11 9 fascia or mansard Temporary 1 per street frontage per establishment 32 square feet 12 feet, if freestanding sign; 30 feet if wall sign, but not to exceed the top of the fascia or mansard cornice line 5 feet Wall* As calculated pursuant to section 4.15.20 1 square foot 1.5 square feet per 1 linear foot of establishment structure frontage, not to exceed 100 square feet 30 feet Not to exceed the cornice line Same as that applicable to structure *Each establishment may have both a projecting sign and a wall sign, provided that the aggregate sign area of the two signs shall not exceed thirty-two (32) square feet. If the establishment has both such signs, the allowed sign area of the wall sign shall be reduced by the sign area of the projecting sign (which may not exceed thirty- two (32) square feet). (12-10-80; 7-8-92, § 4.15.12.5; Ord. 01-18(3), 5-9-01) State law reference – Va. Code § 15.2-2280. Sec. 4.15.13 Regulations applicable in the HC, PD-SC and PD-MC zoning districts The following regulations pertaining to the number of signs permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required within the Highway Commercial (HC), Planned Development-Shopping Center (PD-SC) and Planned Development-Mixed Commercial (PD-MC) zoning districts: Sign Type Number of Signs Allowed Sign Area (Maximum) Sign Height (Maximum) Sign Setback (Minimum) Directory 1 or more per establishment, as authorized by zoning administrator 24 square feet, aggregated 6 feet 5 feet Freestanding 1 per street frontage, or 2 per entrance, per lot with 100 or more feet of continuous street frontage plus 1 per lot if the lot is greater than 4 acres and has more than 1 approved entrance on its frontage 32 square feet, aggregated, plus bonus tenant panels as provided in section 4.15.16(b); if more than 1 sign at an entrance, no single sign shall exceed 16 square feet 12 16 feet 5 feet Projecting* 1 per street frontage 32 square feet 30 feet, but not to exceed the top of the fascia or mansard Not applicable Temporary 1 per street frontage per establishment 32 square feet 12 feet, if freestanding sign; 30 feet if wall sign, but not to exceed the top of the fascia or mansard cornice line 5 feet Wall* As calculated pursuant to section 4.15.20 1.5 square feet per 1 linear foot of establishment structure frontage, not to exceed 200 square feet 30 feet Not to exceed the cornice line Same as that applicable to structure *Each establishment may have both a projecting sign and a wall sign, provided that the aggregate sign area of the two signs shall not exceed thirty-two (32) square feet. If the establishment has both such signs, the allowed sign area of the wall sign shall be reduced by the sign area of the projecting sign (which may not exceed thirty- two (32) square feet. One (1) sandwich board sign is permitted for each establishment, subject to the requirements of section 4.15.16(i). Draft: 08/29/11 10 (12-10-80; 7-8-92, § 4.15.12.6; Ord. 01-18(3), 5-9-01) State law reference – Va. Code § 15.2-2280. Sec. 4.15.14 Regulations applicable in the HI, LI and PD-IP zoning districts The following regulations pertaining to the number of signs permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required within the Heavy Industry (HI), Light Industry (LI) and Planned Development-Industrial Park (PD-IP) zoning districts. Sign Type Number of Signs Allowed Sign Area (Maximum) Sign Height (Maximum) Sign Setback (Minimum) Directory 1 or more per establishment, as authorized by zoning administrator 24 square feet, aggregated 6 feet 5 feet Freestanding 1 per street frontage, or 2 per entrance, per lot with 100 or more feet of continuous street frontage plus 1 per lot if the lot is greater than 4 acres and has more than 1 approved entrance on its frontage 32 square feet, aggregate, plus bonus tenant panels as provided in section 4.15.16(b); if more than 1 sign at an entrance, no single sign shall exceed 16 square feet 12 feet 5 feet Projecting* 1 per street frontage 32 square feet 30 feet, but not to exceed the top of the fascia or mansard 5 feet Temporary 1 per street frontage per establishment 32 square feet 12 feet, if freestanding sign; 30 feet if wall sign, but not to exceed the top of the fascia or mansard cornice line 5 feet Wall* As calculated pursuant to section 4.15.20 1.5 square feet per 1 linear foot of establishment structure frontage, not to exceed 200 square feet 30 feet Not to exceed the cornice line Same as that applicable to structure *Each establishment may have both a projecting sign and a wall sign, provided that the aggregate sign area of the two signs shall not exceed thirty-two (32) square feet. If the establishment has both such signs, the allowed sign area of the wall sign shall be reduced by the sign area of the projecting sign (which may not exceed thirty- two (32) square feet). Within the PD-IP zoning district, one (1) sandwich board sign is permitted for each establishment, subject to the requirements of section 4.15.16(i). (12-10-80; 7-8-92, § 4.15.12.7; Ord. 01-18(3), 5-9-01) State law reference – Va. Code § 15.2-2280. Sec. 4.15.15 Regulations applicable in the entrance corridor overlay district In addition to all other regulations set forth in this section 4.15, the following regulations shall apply within the entrance corridor overlay zoning district: a. Certificate of appropriateness required. Prior to the erection of a sign that would be visible from an entrance corridor street, including a sign erected on or visible through a window on a structure, the owner or lessee of the lot on which the sign will be located shall obtain a certificate of appropriateness for that sign unless the sign is exempt under section 30.6.5(d). Draft: 08/29/11 11 b. Authority and procedure for acting upon application for certificate of appropriateness. The authority and procedure for acting upon an application for a certificate of appropriateness for a sign shall be as set forth in section 30.6. c. Opaque backgrounds. All internally illuminated box-style and cabinet-style signs shall have an opaque background. (12-10-80; 7-8-92, § 4.15.12.8; Ord. 01-18(3), 5-9-01; Ord. 10-18(5), 5-12-10) State law reference – Va. Code §§ 15.2-2280, 15.2-2286. Sec. 4.15.16 Regulations applicable to certain sign types In addition to all other regulations set forth in this section 4.15, the following regulations apply to the sign types identified herein: . . . b. Anchor signs Bonus tenant panels. In each shopping center exceeding one hundred thousand (100,000) fifty thousand (50,000) square feet in gross floor area: (i) one (1) freestanding anchor sign bonus tenant panel shall be permitted for each one hundred thousand (100,000) fifty thousand (50,000) square feet in gross floor area, not to exceed four (4) anchor signs bonus tenant panels at the shopping center; and (ii) each anchor sign no bonus tenant panel shall not exceed six (6) eight (8) square feet in sign area. . . . i. Wall signs. In order to be eligible to have a wall sign, the establishment shall have an exterior wall. Sandwich board signs. Sandwich board signs shall be subject to the following: (1) the sign shall not exceed four (4) feet in height, two (2) feet in width or eight (8) square feet of area per sign face; (2) if the sign is placed on a sidewalk or any other public pedestrian right-of-way, it shall be placed in a location that provides a contiguous and unobstructed pedestrian passageway at least three (3) feet wide; (3) the sign shall not be located in any required off-street parking space, driveway, access easement, alley or fire lane; (4) the sign shall not be illuminated; (5) the sign shall be removed during non-business hours; and (6) if the sign is located on county-owned right-of-way, prior to placement of the sign, the owner shall agree to indemnify and hold harmless the county against any claim or liability arising from the placement of the sign, and the agreement shall be in a form and have a substance approved by the county attorney. j. Signs using rare gas illumination. Signs using exposed rare gas illumination, and signs within the entrance corridor overlay district visible from an entrance corridor overlay street that use rare gas illumination covered by a transparent material, shall not have a brightness that exceeds thirty (30) milliamps. Brightness shall be determined by the zoning administrator, who shall consider information provided by the sign manufacturer, the rated size of the sign’s transformer, and any other relevant information deemed appropriate. (Added 3-16-05) k. Wall signs. In order to be eligible to have a wall sign, the establishment shall have an exterior wall. (12-10-80; 7-8-92, § 4.15.12; Ord. 01-18(3), 5-9-01; Ord. 05-18(4), 3-16-05) State law reference – Va. Code § 15.2-2280. Draft: 08/29/11 12 Article III. District Regulations Sec. 30.6.4 Certificates of appropriateness The architectural review board is authorized to issue certificates of appropriateness for any structure, and associated improvements, or any portion thereof, that are visible from the EC street to which the parcel is contiguous, as follows: . . . b. Types of certificates of appropriateness. The architectural review board is authorized to issue the following types of certificates of appropriateness: 1. Specific developments. For specific developments associated with one or more building permits or a single site plan. 2. Signs in a new multi-business complex or shopping center. For all of the signs in a new multi- business complex or shopping center, where the architectural review board first conducts a comprehensive sign review. Once a certificate of appropriateness for signs in a new multi- business complex or shopping center is issued, the director of planning is authorized to determine whether a particular sign satisfies the conditions of the certificate of appropriateness. 3. County-wide certificates of appropriateness. County-wide certificates of appropriateness may be issued for classes of structures, sites, improvements, or architectural elements, subject to the applicable design criteria and procedures, as follows: a. Categories of structures, sites, improvements, or architectural elements eligible for county-wide certificates of appropriateness. The following categories of structures, sites, improvements, or architectural elements shall be eligible for county-wide certificates of appropriateness: 1. Structures located seven hundred fifty (750) feet or more from an EC street that are not more than five (5) stories tall. 2. Structures that are proposed to be located behind another structure that fronts an EC street as viewed from the EC street, where the rear structure is no more than twice the height of the front structure. 3. Personal wireless service facilities. 4. Wall signs proposed for structures having a single occupant Signs. 5. Safety fencing and screening fencing. 6. New or replacement rooftop-mounted or ground-mounted equipment. 7. Additions to structures or improvements for which a certificate of appropriateness was issued, where the design of the addition to the structure or improvement is consistent with the architectural design approved with the certificate of appropriateness. 8. New structure or site lighting or changes to existing structure or site lighting. Draft: 08/29/11 13 9. Minor amendments to site plans and architectural plans. 10. Building permits for which the proposed change occupies fifty (50) percent or less of the altered elevation of an existing structure. 11. Permits classified in sections 5-202, 5-203, 5-204 and 5-208(A) not otherwise exempt under section 30.6.5(k). . . . (§ 30.6.4, 10-3-90; § 30.6.4.1, 10-3-90; 5-18-94; § 30.6.4.2, 10-3-90; §30.6.5(formerly § 30.6.3.2, 7-8-92; Ord. 01-18(3), 5-9-01); § 30.6.4, Ord. 10-18(5), 5-12-10) Sec. 30.6.5 Development exempt from requirement to obtain certificate of appropriateness The following development is exempt from the requirements of section 30.6: . . . d. Agricultural product signs, political signs, public signs, sandwich board signs, temporary signs, and sandwich board signs window signs and signs exempt from the sign permit requirement under section 4.15.6. . . . (§ 30.6.6, 10-3-90; § 30.6.6.1, 10-3-90; § 30.6.6.2, 10-3-90, 6-14-00; § 30.6.6.3, 5-18-94; § 30.6.5; Ord. 10- 18(5), 5-12-10) (Formerly SIGNS, Now see 30.6.4, 5-12-10) I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _____ to _____, as recorded below, at a regular meeting held on _________________________. __________________________________ Clerk, Board of County Supervisors Aye Nay Mr. Boyd ____ ____ Mr. Dorrier ____ ____ Ms. Mallek ____ ____ Mr. Rooker ____ ____ Mr. Snow ____ ____ Mr. Thomas ____ ____ RESOLUTION OF INTENT WHEREAS, the Albemarle County Zoning Ordinance includes regulations pertaining to the location, size, height, number and, along entrance corridors, the design, of signs; and WHEREAS, the Board of Supervisors’ “2010 Albemarle County Action Plan,” dated January 6, 2010, included as one of its objectives the re-examination of the County’s sign regulations “to ensure they do not overly restrict economic vitality of area businesses” with the goal of developing new regulations that “will help promote good business practices as well as maintaining quality aesthetic values;” and WHEREAS, the issues identified for study and action include the sign review and approval process, regulations pertaining to temporary signs, sign height, and signs within business centers, industrial parks and business parks, and definitions; and WHEREAS, it may be desired to amend the County’s sign regulations to address the issues identified above and other related issues pertaining to the regulation of signs. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good zoning practices, the Albemarle County Board of Supervisors hereby adopts a resolution of intent to consider amending Albemarle County Code § 18-4.15, Signs, and any other sections of the Zoning Ordinance deemed to be appropriate to achieve the purposes described herein; and BE IT FURTHER RESOLVED THAT the Planning Commission will hold a public hearing on the zoning text amendment proposed pursuant to this resolution of intent, and make its recommendations to the Board of Supervisors at the earliest possible date. * * * * * Return to PC staff report SIGN ZTA SCHEDULE/Actions Date Action Status Dec./7/09 - - ARB discussion of Planned Dev. signs w/Stewart Completed Jan./4/10 - - Stewart presented “Anchor Signs” ideas to ARB Completed Jan./6/10 -- BOS adoption of “2010 Albemarle County Action Plan” Adopted Feb-Apr ’10 - - Meet with BOS members on sign ord. issues & Plan item Completed Mar./23/10 - - Have staff group meeting on Sign ZTAs & BOS Plan item Completed Apr./2/10 - - Secure meeting space for roundtable(s) Completed Apr./16/10 - - Assemble mailing list (sign makers, business groups, others) Completed Apr./20/10 - - Develop Background materials for 1st Roundtable Completed Apr./30/10 - - Send out Roundtable #1 invitations w/info Completed May/7/10 - - Prepare PPT for Roundtable Completed May/12/10 - - Resolution of intent to BOS Completed May/13/10 - - Roundtable #1 to solicit comments and ideas on sign regs.-4:00pm/Room 235 Completed June/15/10 -- Assemble mailing/A-mail list for 2nd roundtable Completed June/16/10 -- Place Sign ZTA link on website Completed June /16/10 -- Send out Roundtable #2 invitations w/info Completed June/29/10 -- Roundtable #2 to solicit comments and ideas on sign regs.-5:30pm/Room 241 Completed July/2010 -- Compile ideas and comments from roundtables Completed Aug./16 /10 - - ARB Work Session Completed Oct./19/10 - - PC Work Session (w/decision points) Completed June/1/11 - - Draft ZTA ready Completed June/2011 - - Send out Roundtable #3 invitations Completed June/30/11 - - Roundtable #3 to present proposed draft ZTA -4:30pm/Room 241 Scheduled Sept./2011 - - Staff report for PC Completed Sept./13/11 - - PC Public Hearing Scheduled T.B.D. - - Executive Summary for BOS T.B.D. - - BOS Public Hearing T.B.D RESOLUTION OF INTENT WHEREAS, the Albemarle County Zoning Ordinance includes regulations pertaining to the location, size, height, number and, along entrance corridors, the design, of signs; and WHEREAS, the Board of Supervisors’ “2010 Albemarle County Action Plan,” dated January 6, 2010, included as one of its objectives the re-examination of the County’s sign regulations “to ensure they do not overly restrict economic vitality of area businesses” with the goal of developing new regulations that “will help promote good business practices as well as maintaining quality aesthetic values;” and WHEREAS, the issues identified for study and action include the sign review and approval process, regulations pertaining to temporary signs, sign height, and signs within business centers, industrial parks and business parks, and definitions; and WHEREAS, it may be desired to amend the County’s sign regulations to address the issues identified above and other related issues pertaining to the regulation of signs. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good zoning practices, the Albemarle County Board of Supervisors hereby adopts a resolution of intent to consider amending Albemarle County Code § 18-4.15, Signs, and any other sections of the Zoning Ordinance deemed to be appropriate to achieve the purposes described herein; and BE IT FURTHER RESOLVED THAT the Planning Commission will hold a public hearing on the zoning text amendment proposed pursuant to this resolution of intent, and make its recommendations to the Board of Supervisors at the earliest possible date. * * * * * Return to exec summary ALBEMARLE COUNTY PLANNING COMMISSION – SEPTEMBER 13, 2011 DRAFT MINUTES (PARTIAL) – ZTA-2010-00005 SIGNS Albemarle County Planning Commission September 13, 2011 The Albemarle County Planning Commission held a regular meeting on Tuesday, September 13, 2011, at 6:00 p.m., at the County Office Building, Room #241, Second Floor, 401 McIntire Road, Charlottesville, Virginia. Members attending were Duane Zobrist, Don Franco, Russell (Mac) Lafferty and Calvin Morris, Vice Chair. Commission members absent were Thomas Loach, Linda Porterfield, and Ed Smith. Julia Monteith, AICP, Senior Land Use Planner for the University of Virginia was absent. Other officials present were Claudette Grant, Senior Planner; Steward Wright, Permits Planner; Ron Higgins, Chief of Zoning; Elaine Echols, Principal Planner; David Benish, Chief of Zoning; Wayne Cilimberg, Director of Planning; and Greg Kamptner, Deputy County Attorney. Call to Order and Establish Quorum: Mr. Zobrist, Chair, called the regular meeting to order at 6:00 p.m. and established a quorum. Public Hearing: ZTA 2010-00005 Signs – Amend Secs. 4.15.1, Purpose and intent, 4.15.2, Definitions, 4.15.4, Signs authorized by sign permit, 4.15.6, Signs exempt from the sign permit requirement, 4.15.7, Prohibited signs and sign characteristics, 4.15.8, Regulations applicable in the MHD, RA, VR, R -1 and R-2 zoning districts, 4.15.9, Regulations applicable in the R-4 and R-6 zoning districts, 4.15.11, Regulations applicable in the PUD, DCD and NMD zoning districts, 4.15.12, Regulations applicable in the C -1 and CO zoning districts, 4.15.13, Regulations applicable in the HC, PD-SC and PD-MC zoning districts, 4.15.14, Regulations applicable in the HI, LI and PD-IP zoning districts, 4.15.15, Regulations applicable in the entrance corridor overlay district, 30.6.4, Certificates of appropriateness, and 30.6.5, Development exempt from requirement to obtain certificate of appropriateness, and add Sec. 4.15.4A, Signs authorized by temporary sign permit, of Chapter 18, Zoning, of the Albemarle County Code. This ordinance would amend the stated purpose and intent of the sign regulations (4.15.1), add and amend definitions (4.15.2), amend the procedures for obtaining sign permits and permits for temporary signs (4.15.4, 4.15.4A), increase the number of permits for temporary signs allowed in a calendar year from 4 to 6 and allow the 60 day period to be aggregated among the several permits (4.15.4A), amend the scope of home occupation and window signs that are exempt from the sign permit requirement (4.15.6), increase the area of a window or door covered by signs from 25% to 50% before they are considered prohibited signs that obstruct vision (4.15.7), amend the sign regulations applicable to the several zoning districts by increasing the maximum size of freestanding signs from 24 to 32 sq. ft. and allow bonus panel signs in some districts, reducing the minimum sign setback for directory and temporary signs in certain districts from 10 to 5 feet, amending the maximum height of temporary and wall signs in some districts, standardizing the method for calculating the permitted area of a wall sign (1.5 sq. ft. per linear foot of structure frontage), allowing sandwich board signs in the commercial and planned industrial zoning districts, and having the Highway Commercial district be subject to the sign regulations in section 4.15.12 rather than section 4.15.13 (4.15.8, 4.15.9, 4.15.11 through 4.15.14), eliminate the requirement of a certificate of appropriateness for a window sign or a sign visible through a window (4.15.15), add standards for bonus panel signs and sandwich board signs (4.15.16), allow all signs, rather than just walls signs, to be eligible for a countywide certificate of appropriateness (30.6.4), and amend the class of signs exempt from the requirement for a certificate of appropriateness (30.6.5). A copy of the full text of the ordinance is on file in the office of the Clerk of the Board of Supervisors and in the Department of Community Development, County Office Building, 401 McIntire Road, Charlottesville, Virginia. (Ron Higgins) Ron Higgins presented a Power-Point presentation and summarized the executive summary for ZTA- 2010 -0005 Signs. ALBEMARLE COUNTY PLANNING COMMISSION – SEPTEMBER 13, 2011 DRAFT MINUTES (PARTIAL) – ZTA-2010-00005 SIGNS BACKGROUND and ORIGIN: On January 6, 2010, the Albemarle County Board of Supervisors adopted a “2010 Albemarle County Action Plan” (see Attachment B) which included as item #6 the following: “Sign Ordinances – The sign ordinances need to be re-examined to ensure they do not overly restrict economic vitality of area businesses. Staff should work with local retailers to develop new ordinances that will help promote good business practices as well as maintaining quality aesthetic values.” The Board of Supervisors adopted a Resolution of Intent on the Sign zoning text amendments (ZTA) on May 12, 2010 (see Attachment C). Throughout this process we hosted three roundtable discussions to seek input from those in the sign industry, business community, local elected and appointed officials and various other groups, to hear what they had to say about the present sign ordinance and sign permit approval process and, finally, to comment on the proposed ordinance draft. On August 16, 2010 we held a work session on the Potential Sign ZTAs with the ARB. They were asked to comment on a number of items, including: the predictability of the sign review process in the entrance corridors; improvements in sign application materials and application process; changes in sign regulations for planned developments; making some standards more consistent (e.g. wall sign allowances, freestanding sign setbacks); window sign regulations and applicability; review of sign packages and coordination with site plans; entrance corridor guidelines, and; increased heights for wall signs. The ARB supported changes and suggested that regulations be simplified in most cases. We brought the results of the roundtables, ARB d iscussions and other comments to you for discussion at your work session on October 19, 2010. At that session we presented a number of proposed changes and received comments and guidance on those. The proposed sign ordinance changes reflect that guidance. DISCUSSION: As you will recall, we heard more about the sign review and approval process than about sign standards throughout the discovery process. It was evident in the discussions with various stakeholders that the perception was that the process took too much time and effort on the applicant’s part. To this end the staff and ARB has implemented a number of efforts to streamline the approval process, including: better coaching of applicants on what to provide to get a speedy review ; county-wide administrative ARB approval standards, and; improvement to the sign application and materials to better guide applicants. This has resulted in significant reductions in the time it takes to review and approve sign permits, as we reported at your October 19, 2010 Work Session. Regarding the sign ordinance changes, we heard that these should be limited and result in simplifications and improvements in process that save time for applicants, boards and staff. All of the text amendments proposed are intended to do that. It was important to not develop amendments that would increase staff time in an era of reduced staffing levels. For example, eliminating reviews for special permits for off -site signs in planned developments saves staff time in developing a report to the Board of Zoning Appeals, saves the Board time in reviewing such applications and saves applicants time and money by permitting an administrative review without the costly application fee and advertising fees. Not requiring a per mit or review for window signs reduces staff time and the standard simplifies enforcement of the regulations by Code Enforcement Officers. PROPOSED SIGN ORDINANCE CHANGES: The changes that are represented in the Proposed Ordinance to amend sign regulat ions include the following, along with some reference corrections and clarifications (see Attachment A): Planned Developments and shopping centers: --The “site” has been redefined to include the entire planned development in order to address the issue of “off-site” signs in unified developments, thus no longer requiring an SP for these. ALBEMARLE COUNTY PLANNING COMMISSION – SEPTEMBER 13, 2011 DRAFT MINUTES (PARTIAL) – ZTA-2010-00005 SIGNS --The size for a freestanding sign for planned developments and shopping centers has been increased to allow for up to 54 sq. ft. maximum if “bonus tenant panel” signs are to be included within the primary sign. The current ordinance limits this to 32 sq. ft. in some districts and 24 sq. ft. in other districts. Currently, in shopping centers with at least 100,000 sq. ft. in gross floor area you can have one anchor sign at 6 sq. ft. for each 100,000 sq. ft. This provision has been eliminated and replaced with the “bonus tenant panel” sign type. --The anchor sign provision has been eliminated and replaced with a “bonus tenant panel” definition and provision which eliminates multiple freestanding tenant signs. Freestanding and monuments signs: --Setbacks have been made consistent (e.g. all 5’ instead of some at 5’ and some at 10’ as the current regulations require). Wall Signs: --The area maximum has been made the same in all commercial and planned districts (e.g. 1½ sq. ft. of area for each 1 linear foot of wall)? Currently it is 1:1 in some and 1½:1 in other areas. --The height would now be allowed to be above the current 30’ maximum in non -residential development for buildings that are taller. This is now defined as “not to exceed the cornice line and the “cornice line” has been defined. Temporary Signs: --The number per year has been increase from the current limit of four to six. --The length of time they are up remains the current limit of 15 days. However this can be done in any combination of time periods as long as the aggregate does not exceed the current calendar year limit of sixty (60) days. --The fifteen day limit does not apply to a temporary sign erected while a permanent sign is being made. However, the sixty day calendar year limit would still apply to such signs. --Sandwich board signs would now be allowed in all planned development districts as they currently are in the Downtown Crozet district. Window Signs: --Window signs would not be subject to permits or ARB approvals. --Window signs would now have a 50% maximum coverage area per window. --Window signs that exceed 50% coverage would now be prohibited signs. PUBLIC PURPOSE TO BE SERVED: As stated earlier, all of the changes would result in more clarity for applicants, reduced staff and board time and reduced cost to the applicants. The changes would not have an adverse impact on aesthetic values present in the county. RECOMMENDATION: Staff recommends that the Planning Commission recommend to the Board of Supervisors, approval of the proposed Ordinance to amend various sign regulations in the Zoning Ordinance as found in Attachment A. Stopped 654 Mr. Zobrist invited questions for staff. Mr. Lafferty asked that they go back to the Kohl’s sign. He asked if it was two signs or a temporary sign. Mr. Higgins replied that the place available sign is a real estate sign, which is exempt from the sign ordinance and only allowed because it is advertising space. ALBEMARLE COUNTY PLANNING COMMISSION – SEPTEMBER 13, 2011 DRAFT MINUTES (PARTIAL) – ZTA-2010-00005 SIGNS Mr. Kamptner noted that a real estate sign would be exempt. Mr. Lafferty suggested that it might be helpful if they had examples of worst cases. Mr. Higgins replied that he had a picture of Central Park in Spotsylvania County, but he did not have it at the meeting. That sign might be 2,000 square feet and have 50 signs on it that are unreadable from the stoplight. He felt that having a certain limit was helpful. Mr. Lafferty noted what he meant was worse case given the ordinance that they are trying to pass. Mr. Zobrist noted that it would be the worse looking sign they can come up with based on the new ordinance. Mr. Higgins pointed out the biggest sign they could come up with in Albemarle County would be about ½ the size of the Rio Hills sign, which would be 64 square feet. If they look at the Kohl’s and Hollymead Town Center that is 32 square feet. It would be another 32 square feet added to that, which would be the worst case scenario. Mr. Lafferty said in Stonefield with the multi-story buildings they will be able to put sign at the top. Mr. Higgins replied yes, it would be up just below the cornice. He suggested the hotel might want to do that. The ARB has already looked at some of the preliminary designs and started to anticipate that on that project. Mr. Lafferty said they will be out of the loop pretty much. Mr. Higgins replied that they would be out of the loop on the sign to the extent that they would be looking at the design of the building and where the signs would go. The ARB would have some input on that at that level. However, they would issue the permits if they met the standards. Mr. Kamptner said that the six-story or so bank at Pantops is an example where the sign is higher. They had to go through the Board of Zoning Appeals to get a variance for that. They recognize that with taller buildings on the way they needed to deal with the issue legislatively. Mr. Morris noted the Commission received an email late this afternoon from Ben Foster requesting that they ask about the use of digital, electronic signs. He asked if staff had any input on that. Mr. Higgins replied that he discussed this with Mr. Foster at length. The director, zoning administrator and he had communicated with him about this. That is an issue that other localities are looking at across the state and United States with very mixed results at this time. Our position is two levels. That can be done now in Albemarle County with a special use permit because it is called an electronic message sign. That fits within that definition. Mr. Foster does not want to have to get a special use permit because he feels that is the same as a no. Although he feels they are better than the special us e permit that they get for electronic LED signs. The other part of that answer is that the Federal Highway Administration is conducting a very extensive study right now, which will look at the safety of these signs in a more comprehensive fashion. Until that comes back they are going to stay on the safe side and not suggest any new regulations for that right now. Somewhere down the line there may be room for that. Mr. Zobrist noted that they have very few of those signs in the county that are flashing and moving. Mr. Higgins said that there is one sign like that at the corner of Rio. McDonalds had wanted that type of sign because they felt it was well worth the cost for one sign. The jury is out on that. Mr. Foster has sent staff various studies. He has looked at all of them for the past year and a half. There is also a study that was done by various professionals consisting of planners, engineers, and sign makers and they were somewhat inconclusive. Mr. Graham has felt that it would be better just to see what the FHA says will work and use that as a spring board one way or the other to look at it. At this point they are not going to ALBEMARLE COUNTY PLANNING COMMISSION – SEPTEMBER 13, 2011 DRAFT MINUTES (PARTIAL) – ZTA-2010-00005 SIGNS do anything until the Board of Supervisors reviews the ordinance amendment. Staff is looking at the issue. Mr. Zobrist noted there were many such signs in Las Vegas, which made traveling the roads very dangerous. Mr. Higgins pointed out that staff has some information on that if the Commission is interested. Mr. Zobrist opened the public hearing and invited public comment. Morgan Butler, speaking for The Southern Environmental Law Center, made the following comments.  This past January Charlottesville Tomorrow hosted Ed McMahon, a land use expert for the Urban Land Use Institute. Mr. McMahon gave an excellent presentation on the connection between economic vitalit y and community character. He offered several examples of how communities with high development standards maintain a unique character and a quality of life that are huge economic assets. Albemarle’s unique character and quality of life are certainly two of our area’s best economic assets. The development standards they have in place are vital in protecting the assets. While they should be on the lookout for reasonable ways to make our development standards easier to administer they should proceed with changes carefully, especially with something that affects the visual character of a community as much as signs do. Many of the proposed changes before them tonight are fair improvements to the sign ordinance.  He thanked staff for their work on this and for their efforts to seek public input and answer questions. However, they remain concerned that a number of the proposed changes go too far. They would like to recommend some changes before this goes before the Board of Supervisors. For example, as Mr. Higgins explained wall signs are currently limited to a height of either 20’ or 30’ in all zoning districts. Under the proposed changes this height limit would be raised all the way to the cornice line at the top of the building’s walls in all commercial and planned districts. While it may occasionally make sense to allow a higher wall sign in an individual case, such as when one building partially blocks a façade of another, they think those isolated cases could be better dealt with by individually allowing for a variation or modification rather than enacting a sweeping change that would essentially eliminate the height restriction altogether. Second, the proposed changes would also double the potential size of window signs and eliminate certificates of appropriateness for window signs in Entrance Corridors. There needs to be some safe guard against store fronts becoming de-facto billboards especially along our Entrance Corridors. At the very least a certificate of appropriateness should continue to be required for window signs visible from an Entrance Corridor when they are above a certain size.  As a third example, they think the proposed switch from anchor signs to bonus tenant panels at shopping centers could hold promise if it results in consolidating signs in one central location. However, the idea losing force if shopping centers that are too small to qualify to put up anchor signs under the current ordinance would now qualify to put up tenant panels under the proposed changes. In that case they are not consolidating but just allowing new signs that were not allowed before. That is what is being proposed here. Instead the s hopping center square footage thresholds that currently apply to anchor signs should be the same thresholds that would apply to the bonus tenant panels under the changes. In closing, thank you for considering their concerns and suggestions and remembering that preserving our community’s character is a key factor in the county’s long term economic prosperity. Neil Williamson, with The Free Enterprise Forum, said this was the second time through with the sign ordinance. He was involved with the 2004 sign review. They continue to make what he considers refinements and improvements. There is a line in the ordinance now that recognizes that s igns are an important part of customers finding businesses. Mr. Butler raised a concern that they need to restrict abilities to see those signs as preserving community character. He did not believe those were mutually exclusive. He believed that staff has found a way to go somewhat to hit the middle of road here with this ordinance. There is more that he would like to see. He did not think that window signs should be regulated at all. He thought that they should be over 100 percent of the window. Now someone raised a safety concern. He might suggest that if the shop has 100 percent coverage and they don’t want the ALBEMARLE COUNTY PLANNING COMMISSION – SEPTEMBER 13, 2011 DRAFT MINUTES (PARTIAL) – ZTA-2010-00005 SIGNS police to see in what point is it for the government to tell them that they should allow the police to see in. There have been studies on this. The Southland Corporation did a study about ten years ago. He believed that 50 percent of all window covering and window availability is a reasonable approach. The groceries stores he goes to have great big windows over the top of their entrance way. Those windows are for light and to put up the weekly special. Those window signs do not meet the 50 percent criteria. However, there are huge windows in the fronts of most of these grocer y stores. That would be 50 percent of the total window covering. He accepts the 50 percent and thinks it is a reasonable compromise. He applauds staff for working through these. He thinks the bonus tenant panel provision as written i s a positive one and could really improve some signs. There are a number of signs that are grandfathered right now that under the current ordinance could not be erected without modifying in a manner that is in conflict with folk’s contracts with their tenants. The tenant bonus provision may provide a way to allow those signs to be brought up to date and look better along the Entrance Corridor and throughout the county. There being no further public comment, the public hearing was closed and the matter before the Planning Commission. Mr. Zobrist asked how they handle the big painted trucks that become surrogate signs that they are putting up along Route 29. Mr. Higgins replied that there is a current provision for that. Staff is actually enforcing two right now that have basically parked themselves as what is called in the county ordinance an advertising vehicle. They are doing civil penalties. In enforcing they provide a notice of violation and give them a certain amount of time to remove it. Then they will start fining them. It is covered now. The provision is if it is not parked in an approved parking space and it is not an operable vehicle, which would not have current license and inspection. There is a little gray area there, but they still try to pursue them. Mr. Zobrist suggested that they work on that to get it black and white. Mr. Franco said Mr. Butler raised the question about anchor signs for shopping centers below 100,000 square feet. Mr. Higgins replied that he forgot to mention that. They actually reduced the 100,000 to 50,000 square feet. They still have not more than four for a shopping center, but only one sign is permitted per 50,000 square feet now. The other thing is those are bonus tenant panels only. They have r emoved the tenant anchor sign completely from the ordinance. They will no longer be able to do the freestanding anchor signs and only be able to do the bonus tenant panel if it is added to an approved freestanding sign for the shopping center. They have limited it thinking that it will probably be a better way to deal with that need. Motion for ZTA-2010-00005: Motion: Mr. Morris moved and Mr. Franco seconded to forward a recommendation of approval of ZTA- 2010-00005 Signs as presented by staff of the proposed ordinance to amend various sign regulations in the Zoning Ordinance as outlined in Attachment A. The motion passed by a vote of 4:0. Mr. Zobrist noted ZTA-2010-00005, Signs would be forwarded with a recommendation of approval to the Board of Supervisors to a date to be determined. (Recorded and transcribed by Sharon C. Taylor, Clerk to Planning Commission & Planning Boards) ALBEMARLE COUNTY PLANNING COMMISSION – SEPTEMBER 13, 2011 DRAFT MINUTES (PARTIAL) – ZTA-2010-00005 SIGNS ZTA-2010-00005 Signs – Recommendations Attachment A of Staff Report Draft: 08/29/11 1 ORDINANCE NO. 11-18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC REGULATIONS, AND ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article II, Basic Regulations, and Article III, District Regulations, are hereby amended and reordained as follows: By Amending: Sec. 4.15.1 Purpose and intent Sec. 4.15.2 Definitions Sec. 4.15.4 Signs authorized by sign permit Sec. 4.15.6 Signs exempt from the sign permit requirement Sec. 4.15.7 Prohibited signs and sign characteristics Sec. 4.15.8 Regulations applicable in the MHD, RA, VR, R-1 and R-2 zoning districts Sec. 4.15.9 Regulations applicable in the R-4 and R-6 zoning districts Sec. 4.15.11 Regulations applicable in the PUD, DCD and NMD zoning districts Sec. 4.15.12 Regulations applicable in the C-1 and CO zoning districts Sec. 4.15.13 Regulations applicable in the HC, PD-SC and PD-MC zoning districts Sec. 4.15.14 Regulations applicable in the HI, LI and PD-IP zoning districts Sec. 4.15.15 Regulations applicable in the entrance corridor overlay district Sec. 30.6.4 Certificates of appropriateness Sec. 30.6.5 Development exempt from requirement to obtain certificate of appropriateness By Adding: Sec. 4.15.4A Signs authorized by temporary sign permit Chapter 18. Zoning Article II. Basic Regulations Sec. 4.15.1 Purpose and intent The purpose and intent of this section 4.15 include, but are not limited to, the following: a. The board of supervisors finds that signs are a separate and distinct use of the property upon which they are located and affect the uses and users of adjacent streets, sidewalks and other areas open to the public; that signs are an important means of communication for businesses, organizations, individuals and government; and that the unregulated erection and display of signs constitute a public nuisance detrimental to the health, safety, convenience and general welfare of the public. Therefore, the purpose of this section 4.15 is to establish reasonable regulations pertaining to the time, place and manner in which outdoor signs and window signs may be erected and maintained in order to: 1. Promote the general health, safety and welfare, including the creation of an attractive and ha rmonious environment; 2. Protect the public investment in the creation, maintenance, safety and appearance of its streets, highways and other areas open to the public; Draft: 08/29/11 2 3. Improve pedestrian and vehicular safety by avoiding saturation and confusion in the field of vision that could otherwise result if such signs were not regulated as provided herein; and 4. Protect and enhance the county's attractiveness to tourists and other visitors as sources of economic development. b. The board of supervisors finds that the regulations in this section 4.15 advance the significant governmental interests identified herein and are the minimum amount of regulation necessary to achieve them. c. Signs are classified and regulated in this section 4.15 by their purpose (e.g., bonus tenant panel), physical type (e.g., freestanding sign), location (e.g., off-site sign) and characteristics (e.g., illuminated sign). By classifying and regulating signs by their purpose, the board of supervisors does not intend to regulate their content and, more specifically, any particular viewpoint, but rather intends to create a reasonable classification by which to regulate the time, place and manner of signs. ALBEMARLE COUNTY PLANNING COMMISSION – SEPTEMBER 13, 2011 DRAFT MINUTES (PARTIAL) – ZTA-2010-00005 SIGNS The regulations in this section 4.15 shall apply to all outdoor signs and window signs. Each sign subject to this section 4.15 shall comply with all regulations applicable to that sign. d. Signs are classified and regulated in this section 4.15 by their purpose (e.g., anchor sign), physical type (e.g., freestanding sign), location (e.g., off-site sign) and characteristics (e.g., illuminated sign). Each sign subject to this section 4.15 shall comply with all regulations applicable to that sign. (12-10-80; 7-8-92, § 4.15.01; Ord. 01-18(3), 5-9-01) State law reference – Va. Code § 15.2-2280. Sec. 4.15.2 Definitions The following definitions shall apply in the interpretation and implementation of this section 4.15: . . . (2) Anchor sign. The term “anchor sign” means a sign that identifies any specific business within a shopping center. (8.1) Bonus tenant panel: The term “bonus tenant panel” means an additional sign permitted for individual tenants in shopping centers or planned developments when added to the freestanding sign for the shopping center or planned development. . . . (14.1) Cornice line. The term “cornice line” means the location of a cornice along the top of a wall; or, for a wall that has no cornice, the corresponding horizontal line along the top of a wall where a cornice would traditionally be located. In all cases, the “cornice line” applies to the main walls of a building and does not apply to features that extend above the top of the main walls of a building. . . . Draft: 08/29/11 3 (16) Electric message sign. The term “electric message sign” means a sign on which the copy can be changed or altered by electric, electro-mechanical or electronic means. . . . (35) Off-site sign. The term “off-site sign” means: (i) within a zoning district other than a planned development, a sign that is not located on the same lot with the use to which it pertains, but does not include a sign located in a public right-of-way; or (ii) within a planned development zoning district, a sign that is not located within the area depicted on the application plan approved for the planned development, but does not include a sign located in a public right-of-way. . . . (12-10-80; 7-8-92, § 4.15.03; Ord. 01-18(3), 5-9-01; Ord. 05-18(4), 3-16-05; Ord. 10-18(1), 1-13-10; Ord. 10-18(3), 5-5-10; Ord. 10-18(5), 5-12-10) State law reference – Va. Code § 15.2-2280. Sec. 4.15.4 Signs authorized by sign permit Except as provided in sections 4.15.6 (exempt signs) and 4.15.24 (nonconforming signs) Except for temporary signs subject to the permitting requirements of section 4.15.4A, sign s exempt from this section under section 4.15.6 or nonconforming signs subject to section 4.15.24, a sign permit shall be required for each sign erected on the same lot with the principal use to which it pertains, prior to its erection, alteration, replacement or relocation, as provided herein: a. Application. An application for a sign permit shall be submitted to the department of building code and zoning services community development, together with payment of the fee required for the application pursuant to section 35.0 35.1 of this chapter. A complete application shall consist of the following: 1. A fully completed application form, provided to the applicant by the zoning administrator; 2. A schematic legibly drawn to scale and sufficiently detailed showing the location and dimensions of the sign; and 3. Any plans, specifications and details pertaining to, among other things, the sign materials, the methods of illumination, methods of support, components, and the condition and age of the sign, as dete rmined by the zoning administrator to be necessary for the review of the application. b. Application review and permit issuance. A sign permit application shall be reviewed and acted upon by the zoning administrator only as provided herein: 1. Timing of application. An application for a sign permit may be filed at any time, and if a special use permit for the sign is required under section 4.15.5 or a certificate of appropriateness for the sign is required under section 4.15.15 and section 30.6 of this chapter, the application may be filed with or any time after the application for the special use permit or certificate of appropriateness is filed. ALBEMARLE COUNTY PLANNING COMMISSION – SEPTEMBER 13, 2011 DRAFT MINUTES (PARTIAL) – ZTA-2010-00005 SIGNS 12. Action on application. Within thirty (30) days of the receipt of a complete sign permit application, or within seven (7) days of the receipt of a complete sign application for a temporary sign, the zoning administrator shall review the application and either: (i) approve the Draft: 08/29/11 4 application; (ii) deny the application; or (iii) refer the applic ation to the applicant for more information as may be required by subsection 4.15.4(Aa)(3); (iv) refer the application to the board of zoning appeals because the applicant must obtain a special use permit pursuant to section 4.15.5; and/or (v) refer the application to the architectural review board because the proposed sign will be located within the entrance corridor overlay district and a certificate of appropriateness is required. An application shall be denied only if the proposed sign is a prohibited sign, or does not comply with the regulations set forth in this section 4.15 or, a required special use permit or certificate of appropriateness for the sign was not granted. If the application is denied, the reasons shall be specified in writing. 23. Failure to timely act. If the zoning administrator fails to take one of the actions described herein within thirty (30) days of receipt of a complete sign permit application, or within seven (7) days of the receipt of a complete sign application for a temporary sign, the permit shall be deemed approved as received. c. Administration, generally. Except for permits issued for temporary signs, which are subject to the regulations in subsection (D), the following regulations shall apply to the administration of sign permits: 1. A sign permit shall become null and void if the use to which the sign permit pertains is not commenced within six (6) months after the date the sign permit, special use permit or certificate of appropriateness is issued, whichever is later or, if the sign contains exclusively noncommercial copy, the sign is not erected within six (6) months after the date the sign permit is issued. Upon written request by the permittee and upon good cause shown, the zoning administrator may grant an extensio n of the six (6)-month period. 2. The zoning administrator shall revoke a sign permit if the sign does not comply with any applicable regulation of this section 4.15. d. Administration, permits for temporary signs. The following regulations shall apply to the administration of sign permits issued for temporary signs: 1. A temporary sign that is a portable sign shall be stabilized so as not to pose a danger to public safety. Prior to the sign being erected, the zoning administrator shall approve the metho d of stabilization. 2. No more than four (4) permits for temporary signs shall be issued by the zoning administrator to the same establishment in any calendar year. 3. Each permit for a temporary sign shall be valid for a period not to exceed fifteen (15 ) consecutive days after the erection of the sign. (12-10-80; 7-8-92, §§ 4.15.09, 4.15.09.1, 4.15.09.2, 4.15.09.3; Ord. 01-18(3), 5-9-01) State law reference – Va. Code §§ 15.2-2280, 15.2-2286. Sec. 4.15.4A Signs authorized by temporary sign permit A permit shall be required for each temporary sign (hereinafter, a “temporary sign permit”), prior to its erection, alteration, replacement or relocation, as provided herein: Draft: 08/29/11 5 a. Application. An application for a temporary sign permit shall be submitted to the department of community development, together with payment of the fee required for the application pursuant to section 35.1 of this chapter, and comply with the application requirements of subsection 4.15.4(a). b. Application review and permit issuance. A temporary sign permit application shall be reviewed and acted upon by the zoning administrator only as provided herein: 1. Action on application. Within seven (7) days after receipt of a complete application, the zoning administrator shall either: (i) approve the application; (ii) deny the application; or (iii) refer the application to the applicant for more information as may be required by section 4.15.4(a)(3). An application shall be denied only if the proposed temporary sign is a prohibited sign or does not comply with the regulations set forth in this section 4.15. If the application is denied, the reasons shall be specified in writing. 2. Failure to timely act. If the zoning administrator fails to take one of the actions described herein within seven (7) days of the receipt of a complete sign application for a temporary sign, the permit shall be deemed approved as received. c. Administration. The following regulations shall apply to the administration of sign permits: 1. Number of permits. No more than six (6) temporary sign permits shall be issued by the zoning administrator to the same establishment in any calendar year. 2. Period of validity. Each temporary sign permit shall be valid for a period not to exceed fifteen (15) consecutive days after the erection of the sign, provided that a temporary sign permit issued while a ALBEMARLE COUNTY PLANNING COMMISSION – SEPTEMBER 13, 2011 DRAFT MINUTES (PARTIAL) – ZTA-2010-00005 SIGNS permanent sign is being made may be valid for longer than fifteen (15) days until the permanent sign is erected. 3. Aggregate duration for temporary signs in calendar year. Temporary signs shall not be erected at an establishment for more than sixty (60) days, in the aggregate, in a calendar year. 4. Portable signs; stabilization. A temporary sign that is a portable sign shall be stabilized so as not to pose a danger to public safety. Prior to the sign being erected, the zoning administrator shall approve the method of stabilization. d. Exemptions. A temporary sign permit is not required for a sign exempt from the sign permit requirement under section 4.15.6 or nonconforming signs subject to section 4.15.24. Sec. 4.15.6 Signs exempt from the sign permit requirement The following signs are exempt from the sign permit requirement set forth in to obtain a sign permit under section 4.15.4 and a temporary sign permit under section 4.15.4A, provided that they comply with the regulations set forth below and all other applicable regulations of this section 4.15:. A sign exempt from the requirements to obtain permits under sections 4.15.4 and 4.15.4A is not exempt from the requirement to obtain a special use permit under section 4.15.5 if required. . . . (7) Home occupation class B or major home occupation sign . A home occupation class B or major home occupation sign that does not exceed four (4) square feet in sign area. . . . Draft: 08/29/11 6 (18) Window sign. A permanent window sign, provided that it does not exceed twenty-five percent (25%) of the total area of the window or door on which it is located, and the aggregate area of all window signs on each window or door does not exceed twenty-five percent (25%) fifty percent (50%) of the total area of the window and or door; and further provided that if a permanent window sign will be on a structure within the entrance corridor overlay district and the window sign is visible from an entrance corridor overlay street, that the aggregate area of all window signs shall not exceed nine (9) square feet per business and that a certificate of appropriateness for the window sign is obtained as provided in section 4.15.1 5. (Amended 3-16-05) . . . (12-10-80; 7-8-92, § 4.15.04; Ord. 01-18(3), 5-9-01; Ord. 05-18(4), 3-16-05; Ord. 10-18(4), 5-5-10) State law reference – Va. Code § 15.2-2280. Sec. 4.15.7 Prohibited signs and sign characteristics Notwithstanding any other provision of this section 4.15, the following signs and sign characteristics are prohibited in all zoning districts: . . . b. Signs with characteristics that create a safety hazard or are contrary to the general welfare. Signs whose construction, design, location or other physical characteristic create a safety hazard or are contrary to the general welfare, as follows: . . . 7. Sign that obstructs vision. A sign that obstructs free or clear vision, or otherwise causes a safety hazard for vehicular, bicycle, or pedestrian traffic due to its location, shape, illumination or color; and window signs whose aggregate area on a window or door exceed twenty-five percent (25%) fifty percent (50%) of the total area of the window or door. (Amended 3-16-05) . . . (12-10-80; 7-8-92, § 4.15.06; Ord. 01-18(3), 5-9-01; Ord. 05-18(4), 3-16-05) State law reference – Va. Code § 15.2-2280. Sec. 4.15.8 Regulations applicable in the MHD, RA, VR, R-1 and R-2 zoning districts The following regulations pertaining to the number of signs permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required within the Monticello Historic District (MHD), Rural Areas (RA), Village Residential (VR) and Residential (R-1 and R-2) zoning districts: Sign Type Number of Signs Allowed Sign Area (Maximum) Sign Height (Maximum) Sign Setback (Minimum) Directory 1 or more per establishment, as authorized by zoning 24 square feet, aggregated 6 feet 10 5 feet ALBEMARLE COUNTY PLANNING COMMISSION – SEPTEMBER 13, 2011 DRAFT MINUTES (PARTIAL) – ZTA-2010-00005 SIGNS administrator Freestanding 1 per street frontage, or 2 per entrance, per lot with 100 or more feet of continuous street frontage, plus 1 per lot if the lot is greater than 24 square feet, aggregated; if more than 1 sign, no single sign shall exceed 12 10 feet 10 5 feet Draft: 08/29/11 7 4 acres and has more than 1 approved entrance on its frontage square feet Subdivision 2 per entrance per subdivision 24 square feet, aggregated, per entrance 6 feet 5 feet Temporary 1 per street frontage per establishment 24 square feet 10 feet, if freestanding sign; 20 feet, if wall sign, but not to exceed the top of the fascia or mansard 10 5 feet Wall As calculated pursuant to section 4.15.20 40 square feet, aggregated in the RA zoning district; 20 square feet, aggregated, in other zoning districts 20 feet Same as that applicable to structure (12-10-80; 7-8-92, § 4.15.12.1; Ord. 01-18(3), 5-9-01; Ord. 05-18(5), 6-8-05) State law reference – Va. Code § 15.2-2280. Sec. 4.15.9 Regulations applicable in the R-4 and R-6 zoning districts The following regulations pertaining to the number of signs permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is r equired within the Residential (R-4 and R-6) zoning districts: Sign Type Number of Signs Allowed Sign Area (Maximum) Sign Height (Maximum) Sign Setback (Minimum) Directory 1 or more per establishment, as authorized by zoning administrator 24 square feet, aggregated 6 feet 10 5 feet Freestanding 1 per street frontage, or 2 per entrance, per lot with 100 or more feet of continuous street frontage plus 1 per lot if the lot is greater than 4 acres and has more than 1 approved entrance on its frontage 24 square feet, aggregated; if more than 1 sign, no single sign shall exceed 12 square feet 10 feet 10 5 feet Projecting 1 per street frontage 24 square feet 20 feet, but not to exceed the top of the fascia or mansard Not applicable Subdivision 2 per entrance per subdivision 24 square feet, aggregated, per entrance 6 feet 5 feet Temporary 1 per street frontage per establishment 24 square feet 10 feet, if freestanding sign; 20 feet, if wall sign, but not to exceed the top of the fascia or mansard 10 5 feet Wall As calculated pursuant to section 4.15.20 20 square feet, aggregated 20 feet Same as that applicable to ALBEMARLE COUNTY PLANNING COMMISSION – SEPTEMBER 13, 2011 DRAFT MINUTES (PARTIAL) – ZTA-2010-00005 SIGNS structure (12-10-80; 7-8-92, § 4.15.12.2; Ord. 01-18(3), 5-9-01) State law reference – Va. Code § 15.2-2280. Sec. 4.15.11 Regulations applicable in the PUD, DCD and NMD zoning districts The following regulations pertaining to the number of signs permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required within the Planned Unit Development (PUD), Downtown Crozet (DCD) and Neighborhood Model (NMD) zoning districts: Sign Type Number of Signs Allowed Sign Area (Maximum) Sign Height (Maximum) Sign Setback (Minimum) Directory 1 or more per establishment, as authorized by zoning administrator 24 square feet, aggregated 6 feet 5 feet 1 per street frontage, or 2 per entrance, per lot 24 32 square feet, 12 feet 5 feet Draft: 08/29/11 8 Freestanding with 100 or more feet of continuous street frontage plus 1 per lot if the lot is greater than 4 acres and has more than 1 approved entrance on its frontage aggregated, plus bonus tenant panels as provided in section 4.15.16(b); if more than 1 sign, no single sign shall exceed 12 square feet Projecting 1 per street frontage 24 square feet 30 feet, but not to exceed the top of the fascia or mansard Not applicable Subdivision 2 per entrance per subdivision 24 square feet, aggregated, per entrance 6 feet 5 feet Temporary 1 per street frontage per establishment 24 square feet 12 feet, if freestanding sign; 20 feet, if residential wall sign; or 30 feet if nonresidential wall sign, but not to exceed the top of the fascia or mansard cornice line 5 feet Wall As calculated pursuant to section 4.15.20 1 square foot 1.5 square feet per 1 linear foot of establishment structure frontage, not to exceed 32 square feet if residential wall sign, or 100 square feet if nonresidential wall sign 20 feet, if residential wall sign; or 30 feet if nonresidential wall sign Not to exceed the cornice line Same as that applicable to structure Within the DCD, oOne (1) sandwich board sign is permitted for each establishment, subject to the following: (1) the sign shall not exceed four (4) feet in height, two (2) feet in width or eight (8) square feet of area per sign face; (2) if the sign is placed on a sidewalk or any other public pedestrian right-of-way, it shall be placed in a location that provides a contiguous and un obstructed pedestrian passageway at least three (3) feet wide; (3) the sign shall not be located in any required off -street parking space, driveway, access easement, alley or fire lane; (4) the sign shall not be illuminated; (5) the sign shall be removed during non-business hours; and (6) if the sign is located on county-owned right-of-way, prior to placement of the sign the owner shall agree to indemnify and hold harmless the county against any claim or liability ALBEMARLE COUNTY PLANNING COMMISSION – SEPTEMBER 13, 2011 DRAFT MINUTES (PARTIAL) – ZTA-2010-00005 SIGNS arising from the placement of the sign, and the agreement shall be in a form and have a substance approved by the county attorney. Sandwich board signs shall be exempt from review and approval under section 30.6 subject to the requirements of section 4.15.16(i). (12-10-80; 7-8-92, § 4.15.12.4; Ord. 01-18(3), 5-9-01; Ord. 03-18(2), 3-19-03; Ord 10-18(1), 1-13-10) State law reference – Va. Code § 15.2-2280. Sec. 4.15.12 Regulations applicable in the C-1, and CO and HC zoning districts The following regulations pertaining to the number of signs per mitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required within the Commercial (C-1), and Commercial Office (CO) and Highway Commercial (HC) zoning districts: Sign Type Number of Signs Allowed Sign Area (Maximum) Sign Height (Maximum) Sign Setback (Minimum) Directory 1 or more per establishment, as authorized by zoning administrator 24 square feet, aggregated 6 feet 5 feet Freestanding 1 per street frontage, or 2 per entrance, per lot with 100 or more feet of continuous street frontage plus 1 per lot if the lot is greater than 4 acres and has more than 1 approved entrance on its frontage 32 square feet, aggregated, plus bonus tenant panels as provided in section 4.15.16(b); if more than 1 sign at an entrance, no single sign shall exceed 16 square feet 12 feet 5 feet Projecting* 1 per street frontage 32 square feet 30 feet, but not to exceed the top of the Not applicable Draft: 08/29/11 9 fascia or mansard Temporary 1 per street frontage per establishment 32 square feet 12 feet, if freestanding sign; 30 feet if wall sign, but not to exceed the top of the fascia or mansard cornice line 5 feet Wall* As calculated pursuant to section 4.15.20 1 square foot 1.5 square feet per 1 linear foot of establishment structure frontage, not to exceed 100 square feet 30 feet Not to exceed the cornice line Same as that applicable to structure *Each establishment may have both a projecting sign and a wall sign, provided that the aggregate sign area of the two signs shall not exceed thirty-two (32) square feet. If the establishment has both such signs, the allowed sign area of the wall sign shall be reduced by the sign area of the projecting sign (which may not exceed thirty-two (32) square feet). (12-10-80; 7-8-92, § 4.15.12.5; Ord. 01-18(3), 5-9-01) State law reference – Va. Code § 15.2-2280. Sec. 4.15.13 Regulations applicable in the HC, PD-SC and PD-MC zoning districts The following regulations pertaining to the number of signs permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required within the Highway Commercial (HC), Planned Development-Shopping Center (PD-SC) and Planned Development-Mixed Commercial (PD-MC) zoning districts: Sign Type Number of Signs Allowed Sign Area (Maximum) Sign Height (Maximum) Sign Setback (Minimum) Directory 1 or more per establishment, as authorized by zoning 24 square feet, aggregated 6 feet 5 feet ALBEMARLE COUNTY PLANNING COMMISSION – SEPTEMBER 13, 2011 DRAFT MINUTES (PARTIAL) – ZTA-2010-00005 SIGNS administrator Freestanding 1 per street frontage, or 2 per entrance, per lot with 100 or more feet of continuous street frontage plus 1 per lot if the lot is greater than 4 acres and has more than 1 approved entrance on its frontage 32 square feet, aggregated, plus bonus tenant panels as provided in section 4.15.16(b); if more than 1 sign at an entrance, no single sign shall exceed 16 square feet 12 16 feet 5 feet Projecting* 1 per street frontage 32 square feet 30 feet, but not to exceed the top of the fascia or mansard Not applicable Temporary 1 per street frontage per establishment 32 square feet 12 feet, if freestanding sign; 30 feet if wall sign, but not to exceed the top of the fascia or mansard cornice line 5 feet Wall* As calculated pursuant to section 4.15.20 1.5 square feet per 1 linear foot of establishment structure frontage, not to exceed 200 square feet 30 feet Not to exceed the cornice line Same as that applicable to structure *Each establishment may have both a projecting sign and a wall sign, provided that the aggregate sign area of the two signs shall not exceed thirty-two (32) square feet. If the establishment has both such signs, the allowed sign area of the wall sign sha ll be reduced by the sign area of the projecting sign (which may not exceed thirty-two (32) square feet. One (1) sandwich board sign is permitted for each establishment, subject to the requirements of section 4.15.16(i). Draft: 08/29/11 10 (12-10-80; 7-8-92, § 4.15.12.6; Ord. 01-18(3), 5-9-01) State law reference – Va. Code § 15.2-2280. Sec. 4.15.14 Regulations applicable in the HI, LI and PD-IP zoning districts The following regulations pertaining to the number of signs permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required within the Heavy Industry (HI), Light Industry (LI) and Planned Development-Industrial Park (PD-IP) zoning districts. Sign Type Number of Signs Allowed Sign Area (Maximum) Sign Height (Maximum) Sign Setback (Minimum) Directory 1 or more per establishment, as authorized by zoning administrator 24 square feet, aggregated 6 feet 5 feet Freestanding 1 per street frontage, or 2 per entrance, per lot with 100 or more feet of continuous street frontage plus 1 per lot if the lot is greater than 4 acres and has more than 1 approved entrance on its frontage 32 square feet, aggregate, plus bonus tenant panels as provided in section 4.15.16(b); if more than 1 sign at an entrance, no single sign shall exceed 16 square feet 12 feet 5 feet ALBEMARLE COUNTY PLANNING COMMISSION – SEPTEMBER 13, 2011 DRAFT MINUTES (PARTIAL) – ZTA-2010-00005 SIGNS Projecting* 1 per street frontage 32 square feet 30 feet, but not to exceed the top of the fascia or mansard 5 feet Temporary 1 per street frontage per establishment 32 square feet 12 feet, if freestanding sign; 30 feet if wall sign, but not to exceed the top of the fascia or mansard cornice line 5 feet Wall* As calculated pursuant to section 4.15.20 1.5 square feet per 1 linear foot of establishment structure frontage, not to exceed 200 square feet 30 feet Not to exceed the cornice line Same as that applicable to structure *Each establishment may have both a projecting sign and a wall sign, provided that the aggregate sign area of the two signs shall not exceed thirty-two (32) square feet. If the establishment has both such signs, the allowed sign area of the wall sign shall be reduced by the sign area of the projecting sign (which may not exceed thirty-two (32) square feet). Within the PD-IP zoning district, one (1) sandwich board sign is permitted for each establishment, subject to the requirements of section 4.15.16(i). (12-10-80; 7-8-92, § 4.15.12.7; Ord. 01-18(3), 5-9-01) State law reference – Va. Code § 15.2-2280. Sec. 4.15.15 Regulations applicable in the entrance corridor overlay district In addition to all other regulations set forth in this section 4.15, the following regulations shall apply within the entrance corridor overlay zoning district: a. Certificate of appropriateness required. Prior to the erection of a sign that would be visible from an entrance corridor street, including a sign erected on or visible through a window on a structure, the owner or lessee of the lot on which the sign will be located shall obt ain a certificate of appropriateness for that sign unless the sign is exempt under section 30.6.5(d). Draft: 08/29/11 11 b. Authority and procedure for acting upon application for certificate of appropriateness. The authority and procedure for acting upon an application for a certificate of appropriateness for a sign shall be as set forth in section 30.6. c. Opaque backgrounds. All internally illuminated box-style and cabinet-style signs shall have an opaque background. (12-10-80; 7-8-92, § 4.15.12.8; Ord. 01-18(3), 5-9-01; Ord. 10-18(5), 5-12-10) State law reference – Va. Code §§ 15.2-2280, 15.2-2286. Sec. 4.15.16 Regulations applicable to certain sign types In addition to all other regulations set forth in this section 4.15, the following regulations apply to the sign types identified herein: . . . b. Anchor signs Bonus tenant panels. In each shopping center exceeding one hundred thousand (100,000) fifty thousand (50,000) square feet in gross floor area: (i) one (1) freestanding anchor sign bonus tenant panel shall be permitted for each one hundred thousand (100,000) fifty thousand (50,000) square feet in gross floor area, not to exceed four (4) anchor signs bonus tenant panels at the shopping center; and (ii) each anchor sign no bonus tenant panel shall not exceed six (6) eight (8) square feet in sign area. . . . i. Wall signs. In order to be eligible to have a wall sign, the establishment shall have an exterior wall. Sandwich board signs. Sandwich board signs shall be subject to the following: (1) the sign shall not exceed four (4) feet in height, two (2) feet in width or eight (8) square feet of area per sign face; (2) if the sign is placed on a sidewalk or any other public pedestrian right-of-way, it shall be placed in a location that provides a contiguous and unobstructed pedestrian passageway at least three (3) feet wide; (3) the ALBEMARLE COUNTY PLANNING COMMISSION – SEPTEMBER 13, 2011 DRAFT MINUTES (PARTIAL) – ZTA-2010-00005 SIGNS sign shall not be located in any required off-street parking space, driveway, access easement, alley or fire lane; (4) the sign shall not be illuminated; (5) the sign shall be removed during non-business hours; and (6) if the sign is located on county-owned right-of-way, prior to placement of the sign, the owner shall agree to indemnify and hold harmless the county against any claim or liability arising from the placem ent of the sign, and the agreement shall be in a form and have a substance approved by the county attorney. j. Signs using rare gas illumination. Signs using exposed rare gas illumination, and signs within the entrance corridor overlay district visible from an entrance corridor overlay street that use rare gas illumination covered by a transparent material, shall not have a brightness that exceeds thirty (30) milliamps. Brightness shall be determined by the zoning administrator, who shall consider informat ion provided by the sign manufacturer, the rated size of the sign’s transformer, and any other relevant information deemed appropriate. (Added 3-16-05) k. Wall signs. In order to be eligible to have a wall sign, the establishment shall have an exterior wa ll. (12-10-80; 7-8-92, § 4.15.12; Ord. 01-18(3), 5-9-01; Ord. 05-18(4), 3-16-05) State law reference – Va. Code § 15.2-2280. Draft: 08/29/11 12 Article III. District Regulations Sec. 30.6.4 Certificates of appropriateness The architectural review board is authorized to issue certificates of appropriateness for any structure, and associated improvements, or any portion thereof, that are visible from the EC street to which the parcel is contiguous, as follows: . . . b. Types of certificates of appropriateness. The architectural review board is authorized to issue the following types of certificates of appropriateness: 1. Specific developments. For specific developments associated with one or more building permits or a single site plan. 2. Signs in a new multi-business complex or shopping center. For all of the signs in a new multi-business complex or shopping center, where the architectural review board first conducts a comprehensive sign review. Once a certificate of appropriateness for signs in a ne w multi-business complex or shopping center is issued, the director of planning is authorized to determine whether a particular sign satisfies the conditions of the certificate of appropriateness. 3. County-wide certificates of appropriateness. County-wide certificates of appropriateness may be issued for classes of structures, sites, improvements, or architectural elements, subject to the applicable design criteria and procedures, as follows: a. Categories of structures, sites, improvements, or architectural elements eligible for county-wide certificates of appropriateness. The following categories of structures, sites, improvements, or architectural elements shall be eligible for county-wide certificates of appropriateness: 1. Structures located seven hundred fifty (750) feet or more from an EC street that are not more than five (5) stories tall. 2. Structures that are proposed to be located behind another structure that fronts an EC street as viewed from the EC street, where the rear structure is no more than twice the height of the front structure. 3. Personal wireless service facilities. 4. Wall signs proposed for structures having a single occupant Signs. 5. Safety fencing and screening fencing. 6. New or replacement rooftop-mounted or ground-mounted equipment. 7. Additions to structures or improvements for which a certificate of appropriateness was issued, where the design of the addition to the structure or improvement is consistent with the architectural design approved with the certificate of appropriateness. 8. New structure or site lighting or changes to existing structure or site lighting. ALBEMARLE COUNTY PLANNING COMMISSION – SEPTEMBER 13, 2011 DRAFT MINUTES – SUBMIT FOR APPROVAL 17 Draft: 08/29/11 13 9. Minor amendments to site plans and architectural plans. 10. Building permits for which the proposed change occupies fifty (50) percent or less of the altered elevation of an existing structure. 11. Permits classified in sections 5-202, 5-203, 5-204 and 5-208(A) not otherwise exempt under section 30.6.5(k). . . . (§ 30.6.4, 10-3-90; § 30.6.4.1, 10-3-90; 5-18-94; § 30.6.4.2, 10-3-90; §30.6.5(formerly § 30.6.3.2, 7-8-92; Ord. 01-18(3), 5-9-01); § 30.6.4, Ord. 10-18(5), 5-12-10) Sec. 30.6.5 Development exempt from requirement to obtain certificate of appropriateness The following development is exempt from the requirements of section 30.6: . . . d. Agricultural product signs, political signs, public signs, sandwich board signs, temporary signs, and sandwich board signs window signs and signs exempt from the sign permit requirement under section 4.15.6. . . . (§ 30.6.6, 10-3-90; § 30.6.6.1, 10-3-90; § 30.6.6.2, 10-3-90, 6-14-00; § 30.6.6.3, 5-18-94; § 30.6.5; Ord. 10-18(5), 5-12-10) (Formerly SIGNS, Now see 30.6.4, 5-12-10) I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _____ to _____, as recorded below, at a regular meeting held on _________________________. __________________________________ Clerk, Board of County Supervisors Aye Nay Mr. Boyd ____ ____ Mr. Dorrier ____ ____ Ms. Mallek ____ ____ Mr. Rooker ____ ____ Mr. Snow ____ ____ Mr. Thomas ____ ____ County of Albemarle MEMORANDUM TO: Members of the Board of Supervisors FROM: Meagan Hoy, Senior Deputy Clerk DATE: November 2, 2011 RE: Vacancies on Boards and Commissions Attached please find an updated listing of vacancies on boards and commissions through December 2011 provided for informational purposes only. The following Boards and Commissions have been advertised and applications were received as follows: Charlottesville-Albemarle Regional Transportation Advisory Committee: One vacancy. No applications received. Crozet Community Advisory Council: One vacancy. No applications received. Jefferson Area Disability Services Board: One vacancy, business representative. No applications received. Pantops Community Advisory Council: One vacancy. Richard McGrain Places 29 Community Advisory Council: One vacancy. No applications received. Rivanna Solid Waste Authority Citizens Advisory Committee: One vacancy, joint City/County Chair. No applications received. Social Services Board: One vacancy. Jack Jouett District, no applications received. The following reappointments require action by the Board: CHART: Russell Lafferty (Planning Commission Representative) Joint Airport Commission: Richard Venerus MEMBER TERM EXPIRES ACE Appraisal Review Committee Joseph Samuels 12/31/2011 ACE Appraisal Review Committee Ross Stevens 12/31/2011 ACSA James Colbaugh 12/31/2011 ACSA Bill Kittrell 12/31/2011 ACSA Clarence Roberts 12/31/2011 Board of Building Code Appeals Raymond Gaines 11/21/2011 CHART Brad Sheffield 4/3/2014 CHART Russell (Mac) Lafferty Crozet Community Advisory Council Charles Mitchell 3/31/2013 Commission on Children and Families Carolyn Lawlor 6/30/2011 Commission on Children and Families Janette Martin 6/30/2011 Commission on Children and Families Amy Skilnick 6/30/2011 Equalization Board Alan Collier 12/31/2011 Equalization Board David Cooke II 12/31/2011 Equalization Board Virginia Gardner 12/31/2011 Equalization Board Rosa Hudson 12/31/2011 Equalization Board William Rich 12/31/2011 Equalization Board John C. Lowry 12/31/2011 Fire Prevention Board of Appeals Raymond Gaines 11/21/2011 Housing Committee Valerie L'Herrou 12/31/2011 Housing Committee David Oakland 12/31/2011 Housing Committee Sarah Collie 12/31/2011 Housing Committee Kurt Keesecker 12/31/2011 Jefferson Area Disability Services Board Amber Capron 6/30/2013 Joint Airport Commission Richard Venerus 12/1/2011 Natural Heritage Committee John Foster 9/30/2011 Natural Heritage Committee Diana Foster 9/30/2011 Natural Heritage Committee Anne Bedarf 9/30/2011 Natural Heritage Committee Phil Stokes 9/30/2011 Natural Heritage Committee Mike Erwin 9/30/2013 Pantops Community Advisory Council Richard Jennings 6/30/2011 Planning Commission Duane Zobrist 12/31/2011 Planning Commission Linda Porterfield 12/31/2011 Planning Commission Calvin Morris 12/31/2011 Planning Commission Tom Locah 12/31/2011 PRFA A. Bruce Dotson 12/13/2011 PRFA Joseph Henley 12/13/2011 Rivanna Solid Waste Authority Cit. Adv. Comm.Jeffery Greer 12/31/2010 Social Services Board Mary Lou Folwer 12/31/2011 Social Services Board Lincoln Lewis 12/31/2011 Social Services Board Wanda Kucera 12/31/2011 Social Services Board Claude Foster 12/31/2011 Revised 10/26/11 NEW TERM EXPIRES WISH TO BE RE-APPOINTED? DISTRICT IF MAGISTERIAL APPOINTMENT 12/31/2012 Ineligible No Action Required 12/31/2012 Eligible No Action Required 12/31/2015 Eligible, (Scottsville)No Action Required 12/31/2015 Eligible, (White Hall)No Action Required 12/31/2015 Eligible, (Rivanna) No Action Required 11/21/2016 Eligible No Action Required Resigned Advertised, No applications recv'd 4/3/2014 Yes Action Required Resigned Advertised, No applications recv'd 6/30/2014 Eligible No Action Required 6/30/2014 Eligible No Action Required 6/30/2012 No To be advertised 12/31/2012 Eligible, (Rivanna)No Action Required 12/31/2012 Eligible, (Jack Jouett)No Action Required 12/31/2012 Eligible, (White Hall)No Action Required 12/31/2012 Eligible, (Scottsville) No Action Required 12/31/2012 Eligible, (Rio) No Action Required 12/31/2012 Eligible, (Samuel Miller)No Action Required 11/21/2016 Eligible No Action Required 12/31/2014 Ineligible To be advertised 12/31/2014 Eligible No Action Required 12/31/2014 Eligible No Action Required 12/31/2014 Eligible No Action Required Resigned Advertised, No applications recv'd 12/1/2014 Yes Action Required 9/30/2015 Eligible No Action Required 9/30/2015 Eligible No Action Required 9/30/2015 Eligible No Action Required 9/30/2015 Eligible No Action Required Resigned To be advertised 6/30/2013 No Advertised, 1 application recv'd 12/31/2013 Eligible, (At-large)No Action Required 12/31/2015 Eligible, (Scottsville)No Action Required 12/31/2015 Eligible, (Rivanna)No Action Required 12/31/2015 Eligible, (White Hall)No Action Required 12/31/2014 Eligible No Action Required 12/31/2014 Eligible No Action Required 12/31/2012 Ineligible, Joint City/County Advertised, No applications recv'd Resigned, (Jack Jouett)Advertised, No applications recv'd 12/31/2015 Eligible, (Rivanna)No Action Required 12/31/2015 Eligible, (Scottsville)No Action Required 12/31/2015 Eligible, (White Hall)No Action Required Page 1 of 5 Culpeper District Albemarle County Monthly Report November, 2011 Special Issues Nothing of significance to report. Preliminary Engineering PROJECT LAST MILESTONE NEXT MILESTONE AD DATE Route 691, Jarman’s Gap Bike lanes and sidewalk improvement Construction Underway Construction Complete – September 2012 January 2011 Route 53 Safety Project – Shoulder Widening 0.4 Mi E. of Monticello Loop Road Preliminary Design Design Public Hearing – January 2012 February 2013 Route 53 Safety Project – Shoulder Widening 0.06 Mi E. of Monticello Loop Road Preliminary Design Design Public Hearing – January 2012 February 2013 Route 53 Safety Project – Intersection Improvements at Route 20 Preliminary Design Design Public Hearing – January 2012 February 2013 Route 708, Dry Bridge Road Bridge Replacement over RR Design Public Hearing Right of Way – January 2012 May 2013 Route 53 Safety Project – Intersection Improvements at Route 729 Survey Preliminary Design Winter 2011/12 October 2013 Route 616, Black Cat Road Bridge Replacement over RR Survey Preliminary Design – Winter 2012 March 2014 Route 677, Broomley Road Bridge Replacement over RR Survey Preliminary Design – Winter 2012 December 2014 Page 2 of 5 Albemarle County Monthly Report Continued November, 2011 Preliminary Engineering-continued PROJECT LAST MILESTONE NEXT MILESTONE AD DATE Route 637, Dick Woods Road Bridge Replacement over Ivy Creek Project Scoping Survey – Fall 2011 December 2014 Route 250, Bridge replacement over Little Ivy Creek Project Kick-off Survey – Spring 2012 January 2018 Route 762, Rose Hill Church Lane, Unpaved Road Project Scoping Environmental Clearance Spring 2012 Route 704, Fortune Lane, Unpaved Road -- Project Scoping – Fall 2011 * Route 672, Blufton Road, Unpaved Road -- Project Scoping – Fall 2011 * Route 608, Happy Creek Road, Unpaved Road -- Project Scoping – Fall 2011 * Brocks Mill Road, Rural Addition -- Project Scoping – Spring 2012 * Route 774, Bear Creek Road, Unpaved Road -- Project Scoping –2016 * Route 703, Pocket Lane, Unpaved Road -- Project Scoping –2016 * *Dates to be determined following evaluation of Scoping Team comments. CITY OF CHARLOTTESVILLE: PROJECT LAST MILESTONE NEXT MILESTONE AD DATE Jefferson Park Avenue Bridge Replacement Construction Underway Construction Complete – Summer 2012 August 2010 Page 3 of 5 Albemarle County Monthly Report Continued November, 2011 Construction Activities Georgetown Road (NFO) 0656-002-254, C501 Scope: 5’ wide Pedestrian Facility with Crossing and Resurfacing with Refuge Islands Next Major Milestone: Complete pending correction of punch list items. Contract Completion Date: September 23, 2011 McIntire Road U000-104-102, C501 Scope: Construct New Two Lane Road and Pedestrian Path Next major Milestone: Clearing complete. Scheduled to install work bridge and begin grade work by the first of November. Contract Completion: June 10, 2013 Meadow Creek Parkway 0631-002-128, C502, B612, B613, B657 Scope: Grade, Drain, Asphalt, Utilities, Signals, Landscaping and Bridges. Next Major Milestone: Complete with final acceptance on October 13. Contract Completion: October 14, 2011 I-64 Eastbound Shadwell Exit (FO) 0064-002-815, N501 Scope: Widen Ramps and Improve Signals. Next Major Milestone: Project complete pending final resolution of Notice of Intent to File Claim. Contract Completion Date: December 2, 2010 JPA Bridge Replacement U000-104-V09, C501 Scope: replace Bridge over railroad and approaches. Next Major Milestone: Pedestrian bridge complete. Demolition of existing bridge is scheduled to be completed by December. Contract Completion Date: August 24, 2012 Jarmans Gap Road (NFO)0691-002-258, C501 Scope: Grade, Drain, Asphalt Pave, Planting and Utilities. Next Major Milestone: Road closed beginning September 12 for 60 days to facilitate box culvert installation. Contractor is on schedule to have road reopened by November 12. Contract Completion: September 21, 2012 Bridge Deck Repair and Polymer Overlay (NFO) 0029-002-044, N501, N502 Scope: Patch decks and epoxy overlay on the Route 29 Bypass over Route 29. Next Major Milestone: Work suspended on project due to unsuitable weather conditions to apply epoxy. Work will resume next year. Contract Completion Date: August 20, 2011 Bridge Repairs (NFO) BRDG-967-040, N501 Scope: Bridge Repairs - District Wide (Term 2). Next Major Milestone: Completion of Term 2 Work Contract Completion Date: February 7, 2012. Plant Mix Schedule (NFO) PM7A-967-F11, P401; PM7B-967-F11, P401 Scope: Plant Mix Southern Culpeper District. Next Major Milestone: Contract completion Contract Completion Date: December 1, 2011. Page 4 of 5 Albemarle County Monthly Report Continued November, 2011 Construction Activities—continued Plant Mix Schedule PM7K-967-F11, P401 Scope: Plant Mix (Secondary Routes in Albemarle, Greene, and Louisa Counties) Southern Culpeper District. Next Major Milestone: Contract completion Contract Completion Date: December 1, 2011. Pipe Rehabilitation (NFO) BRDG-967-045, N501; BRDG-967-062, N501 Scope: Pipe Rehab in (Culpeper, Louisa, Madison, Albemarle, Fauquier, Orange, and Rappahannock Counties) Northern Culpeper District. Next Major Milestone: Contract completion Contract Completion Date: April 29, 2012. Guardrail Repair GR07-967-096, N501 Scope: Guardrail repairs – District wide. Next Major Milestone: Begin work Contract Completion date: July 1, 2012 Latex Modified Schedule (NFO) LM7A-967-F11, P401 Scope: Latex Modified Schedule various routes in Albemarle, Greene, Louisa, Madison and Orange Counties. Next Major Milestone: Contract completion Contract Completion Date: October 1, 2011 Traffic Engineering Studies  Completed  Route 601 (Garth Rd) from Route 654 (Barracks Rd) to Route 601 (Free Union Rd) – Review of roadway to determine potential for installation of “Share the Road” signs complete; sign installation pending.  Route 614 from Route 601 (Free Union Rd) to Route 810 (Browns Gap Rd) – Review of roadway to determine potential for installation of “Share the Road” signs complete; sign installation pending. Route 676 (Owensville Rd) from Route 676 (Tilman Rd) to Route 614 (Garth Rd) – Review of roadway to determine potential for installation of “Share the Road” signs complete; sign installation pending. Albemarle County Page 5 of 5 Monthly Report Continued November, 2011 Traffic Engineering Studies--continued Route 678 (Owensville Rd) from Route 250 (Ivy Rd) to Route 676 (Tilman Rd) – Review of roadway to determine potential for installation of “Share the Road” signs complete; sign installation pending. Route 601 (Garth Rd) at Route 658 (Barracks Farm Rd) – Intersection safety review study complete. Sign installation pending. Routes 1670 (Ashwood Blvd), 1675 (Kendalwood), 1723 (Crosstimbers), 1737 (Watercrest) & 1720 (Timberwood Pkwy) – Crosswalk study at multiple locations; subject of citizen request. Awaiting installation. Routes 1765/1769, 1770/1769 & 1770/1771 Intersections in Fontana Subdivision - Multi- way stop studies complete. Study also includes review of Routes 1765 (Fontana Dr) and Route 1771 (Verona Dr) for centerline and edge line pavement markings. Multi-stop not recommended. Centerline and edge markings installed. Route 29 from Route 1575 (Austin Dr) to Route 763 (Dickerson Dr) – Sign evaluation complete; awaiting installation.  Under Review  Route 706, Dudley Mtn Road from Route 631 (Old Lynchburg Rd) to Route 708 (Red Hill Rd) – Speed study – DRAFT complete.  Route 866 (Greenbriar Dr) at Route 1427 (Hillsdale Dr) – Multi-way stop study. Received DRAFT study from consultant. Comments sent consultant; revisions pending.  Route 631(E Rio Road) at Route 768 (Penn Park Rd.) – Study to review the addition of pedestrian phasing to the traffic control signal at the intersection. In Progress. Maintenance Activities Routine maintenance activities-nothing of significance to report at this time. David Crim Virginia Department of Transportation Charlottesville Residency Administrator 701 VDOT Way Charlottesville, VA 22911 RESOLUTION OF INTENT MEADOW CREEK PARKWAY WHEREAS, the construction of the County’s portion of the Meadow Creek Parkway has been completed at a cost of approximately thirty-four million dollars, and is ready to be opened for the benefit of the traveling public; and WHEREAS, this road has been identified as a priority project in the County for over forty years and is a key element of a successfully functioning road network for the greater community; and WHEREAS, the current temporary traffic signal at the entrance to Dunlora necessitated by the closure of Meadow Creek Parkway is causing both inconvenience and a potential safety hazard by creating a traffic backup during peak travel times; and WHEREAS, the construction of the Treesdale apartments and other planned and current development along Rio Road will continue to exacerbate this traffic congestion; and WHEREAS, opening the parkway will provide local residents with access to the forty acre park and pedestrian/bike trail system linking the City and the County which are valuable and important amenities that are currently not able to be utilized; and WHEREAS, leaving the road dormant for additional time now that it is complete will lead to its deterioration over time resulting in the need for additional maintenance and repair at taxpayer expense. NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors does hereby request that the Virginia Department of Transportation open this needed road to the public as soon as it is safe to travel. Return to agenda 1 RESOLUTION WHEREAS, a task force of community members was convened by Dennis Rooker, the Jack Jouett District representative of the Board of Supervisors, to provide input to VDOT engineers on the design and construction of the Route 29 Western Bypass; and WHEREAS, the Virginia Department of Transportation intends to issue on November 8, 2011 an amendment to the Route 29 Western Bypass design and build RFP (the RFP Amendment”); and WHEREAS, the task force has concluded its study and discussion of certain issues related to the RFP Amendment; and WHEREAS, the task force has identified the below recommendations to be included in the RFP Amendment that the committee considers to be critical to protecting the community; and WHEREAS, those recommendations are outlined as follows: 1) Design Speed – The design speed will be 50 MPH. 2) Stoplights – No stoplights or u-turns on 250 Bypass at southern terminus interchange. 3) Traffic Noise – Include in RFP $5 million separate allowance for noise reduction measures above minimum FHWA and VDOT standards. All neighborhoods and schools shall be protected from sound either by berms or sound barrier walls. Use berms and plantings, road depression and sound barrier walls to mitigate traffic noise. Where the bypass roadway is not sufficiently suppressed to provide adequate sound mitigation, bridges shall have lightweight sound absorbing barriers on both sides to reduce noise pollution projecting into schools and neighborhoods. Reduced noise pavement material shall be used for the length of the bypass. 4) Construction Noise – Construction noise shall be limited to 80 db and shall not exceed 70 db for more than 15 minutes in any hour as measured at the closest property lines. There shall be multiple sound level meters at nearby property lines during construction and VDOT will monitor sound on a continual basis. 5) Construction Times – No 24 hour construction. Limits on duration and time (7:00 a.m. – 7:00 p.m.) that construction can occur. No construction on Sundays and holidays. 6) Blasting – No crushing or grinding of rock on site. Contractor shall notify adjacent neighborhoods 24 hours in advance of blasting activities, specifying date and time of blasts. Best available techniques will be used to minimize blasting noise and impacts. Using noise meters, the contractor shall monitor noise and percussion impacts of blasting activities on neighborhoods and schools within 1500 feet from blast site. 7) Grades – No part of the bypass shall exceed 4 ½% maximum grade, excluding ramps. 8) Landscaping – Include in RFP $1.2 million allowance specifically for landscaping. Use mixed broadleaf and evergreen plantings that will grow quickly. Large earth berms planted with trees and shrubs along the roadway shall be included to protect the Colonnades and all 2 other impacted neighborhoods and schools from light, noise and visual impacts from the bypass. 9) Lighting – Where lighting is necessary, use shielded lighting on roads or bridges. Use on-road lighting instead of elevated lighting. 10) Bridge Aesthetics – Include in RFP $6 million allowance specifically for bridge aesthetics. It is highly recommended that the Maryland Department of Transportation Guidelines for Bridge Aesthetics be followed. 11) Bridge Capacities – All temporary and permanent bridges over the bypass will be sufficient to give access to fully loaded fire trucks and emergency vehicles. 12) Public Input – VDOT and the contractor shall provide for multiple public input opportunities and public meetings (not just committee meetings). Between the time of the RFP award and final design, the contractor shall provide an opportunity for public input on the preliminary/conceptual drawings for the project including the contractor’s proposals for noise abatement measures, lighting, landscaping and bridge aesthetics. 13) Southern Interchange – Consistent with maintaining a level of service of at least C for the design year 2036, the southern interchange and the relocation of the Rt. 250 Bypass will be designed to minimize impacts on the Canterbury Hills neighborhood, the St. Anne’s Belfield School campus, the Colonnades senior living facilities, the Darden School, the UVA Law School and Leonard Sandridge Road. Specifically, we prefer the diverging diamond interchange design to the previous 1999 design** that included a flyover ramp for northbound traffic from US250E Bypass to the US29N Bypass. Further, we recommend that (1) the US250E Bypass be relocated no farther north than the location shown in the 1999 design**, (2) both the north and south bound lanes of the main road of the new US29 Bypass (north of the Southern Interchange) be located as shown on the 1999 drawings** and (3) the south-bound ramp from the US29 Bypass to US250W Bypass be located as close as possible to the main lanes of the US29 Bypass. All roads and ramps north of the Southern Interchange should be located in one cut through the hill between St. Anne’s-Belfield and the Canterbury Hills Neighborhood. ** VDOT Route 29 Bypass, Design Plan, 6029-002-F22 PE101, ROVA-002- 101 PE 101, Albemarle County, dated 8/31/1999. 14) Lambs Road Area – In the Lambs Road area, the bypass shall go below grade. The bridge to be constructed on Lambs Road will go over the bypass at approximately the natural ground grade. As the bypass proceeds south from Lambs Road, it shall remain below grade with earth berms placed to prevent projection of noise and light pollution into homes in the Ivy Ridge, Ivy Farms, Lambs Road, Roslyn Heights and Roslyn Ridge neighborhoods and Albemarle High School, Jack Jouett Middle School, Greer Elementary School, and Ivy Creek School. The median in this area shall be minimized or eliminated. 15) Greer School Athletic Field – In accordance with the July 21, 2011 letter from the Albemarle County School Board and the County Superintendent of Schools to the Board of Supervisors and the MPO, the contractor will be responsible for relocating the disrupted athletic field at Greer Elementary School. 16) Roslyn Ridge – Bypass shall be depressed and located in such a way to take maximum advantage of the hill at the entrance to Roslyn Ridge in order to protect the neighborhood from noise. The bypass shall be located as close as possible to Hydraulic Road 3 as it goes through Roslyn Ridge to avoid taking as much of the hillside and knoll as possible since they provide some natural sound and visual barrier from the bypass for the neighborhood. 17) Fill Material – No fill material used shall be toxic or hazardous. 18) Old Ivy Road Access – Access to Old Ivy Road and Faulconer Drive from the 250 Bypass shall be maintained during and after construction. 19) Soil and Erosion Control Measures – Newly adopted DCR regulations concerning soil and erosion control shall be met or exceeded during construction and with respect to the final condition and operation of the bypass. Specific measures previously committed to with respect to protection of the South Fork Rivanna reservoir shall be adhered to. 20) Soil and Erosion Control Inspections – During construction, VDOT shall require the inspection of all erosion and sediment controls by qualified inspectors on at least a weekly basis to make certain the controls are fully functional and meeting all requirements. 21) Closure of Roads – Best efforts shall be made to minimize closures/one laning of affected roads (i.e. Barracks Road, Lambs Road, Roslyn Ridge Road, Earlysville Road, and Woodburn Road) during construction. 22) Minimize Construction Time and Impacts – Best efforts shall be made to minimize impacts and inconveniences to neighborhoods and schools. During the construction process, areas of construction will be closed as quickly as possible to avoid long drawn out periods of construction impacts on neighborhoods and schools. 23) Pedestrian and Bicycle – Pedestrian walkways and bicycle paths shall be constructed or maintained on all roads crossing over or under the bypass. Pathways for citizens to safely walk or bicycle through, around, across, or under existing and new roadways, including the proposed bridge in the southern interchange over the Rt. 250 Bypass, shall be included in design and construction of bypass project. 24) Wells – Significant efforts shall be taken to prevent damage to existing wells during construction and to prevent contamination of private wells from road run-off and spills during and after construction. VDOT or the Contractor shall test all private wells within ¼ mile of the bypass right-of-way before and after construction. If any wells are impacted by construction, VDOT or the Contractor shall pay for their repair or replacement. 25) Utility Services – If there are power outages for homes, schools or businesses caused by construction or movement of utilities, these disruptions shall be kept to the absolute minimum, and residents shall be notified at least 24 hours in advance of the service interruption and the anticipated length of time of the interruption. Power to schools will not be interrupted during school hours. 26) Toll Free Number – Contractor shall provide a local or toll free number for receipt of complaints and questions throughout construction. A person who can address issues, not an answering machine or service, shall answer the calls. 27) Rt. 29 Widening Project – The RFP shall make it clear that Route 29 is being widened between the South Fork Rivanna River bridge and Hollymead Town Center, and the bypass project will be designed and constructed to tie into that project. 4 NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors endorses the above recommendations and strongly encourages VDOT to accept these recommendations as part of the November 8 amendment to the RFP for the Route 29 Western Bypass, so long as these recommendations can be implemented while maintaining a design year Level of Service of no less than C. I, Ella W. Jordan, do hereby certify that the foregoing writing is a true and correct copy of a Resolution duly adopted by the Albemarle County Board of Supervisors by a vote of ______ to ______, as recorded below, at a meeting held on _________________________. _________________________________ Clerk, Board of County Supervisors Aye Nay Mr. Boyd ____ ____ Mr. Dorrier ____ ____ Ms. Mallek ____ ____ Mr. Rooker ____ ____ Mr. Snow ____ ____ Mr. Thomas ____ ____ Return to agenda