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HomeMy WebLinkAbout2007-02-14 BOARD OF SUPERVISORS FIN A L FEBRUARY 14, 2007 COUNTY OFFICE BUILDING 2:00 P.M. - ROOM 235 1. Call to Order. 2. 2:00 p.m. Work Session: Business Plan (CIP) (continued from February 7, 2007). 3. 3:00 p.m. - Tour of Newly Renovated Community Development Offices. 4. 3:30 p.m. - Joint meetina with School Board a. 3:30 p.m. - 3:45 p.m. - Co-location and Development of Public Facilities. b. 3:45 p.m. - 4:00 p.m. - Revised Calendar for CIP Process. c. 4:00 p.m. - 5:15 p.m. - Living Wage Report. 5. 5:15 p.m. - Recess. 6:00 P.M., AUDITORIUM 6. Call to Order. 7. Pledge of Allegiance. 8. Moment of Silence. 9. From the Public: Matters Not Listed for Public Hearing on the Agenda. 10. From the Board: Committee Reports and Matters Not Listed on the Agenda. 11. Consent Agenda (on next sheet). 12. Public Hearina: 2007/08-2012/13 Six Year Secondary Road Plan. 13. Public Hearina: Water Protection Ordinance. Illicit Discharaes and Connections. 14. PROJECT: SP-2006-025. Kina Familv Vineyards - Winery Expansion (Sians #41. 43). PROPOSAL: Expansion of existing farm winery to allow two special events per week (beyond the 12 events per year permitted by right). (Applicant requests indefinite deferral) 15. Public Hearina: PROJECT: ZMA-2005-007. Haden Place (Sians #12,13). PROPOSAL: Rezone 6.69 acres from R-2 Residential (2 units/acre) to NMD Neighborhood Model District - residential (3 - 34 units/acre) mixed with commercial, service and industrial uses for 20 single family homes and 14 townhomes. PROFFERS: Yes. EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Community of Crozet; CT-3 Urban Edge: single family residential (net 3.5-6.5 units/acre) supporting uses such as religious institutions and schools and other small-scale non-residential uses. ENTRANCE CORRIDOR: No. LOCATION: Between Haden (Rt. 1209) & Killdeer Lanes (Rt. 1215), south of Jarman's Gap Road. TAX MAP/PARCEL: TM 55 Parcel 69 & TM 56 Parcel 9. MAGISTERIAL DISTRICT: White Hall. 16. Public Hearina: PROJECT: SP-2006-034. North Pointe - Stream Crossina (Sian #8): PROPOSED: Fill in the floodplain of Flat Branch Creek for a road crossing to provide access for residential development. ZONING CATEGORY/GENERAL USAGE: Planned Development Mixed Commercial with which allows large-scale commercial uses; and residential by special use permit (15 units/ acre). A special use permit exists for residential use. SECTION: 30.3.05.2.1. of the Zoning Ordinance which allows for fill in the floodplain. COMPREHENSIVE PLAN LAND USE/DENSITY: Urban Density Residential- residential (6.01-34 units/acre) and supporting uses such as religious institutions, schools, commercial, office and service uses. ENTRANCE CORRIDOR: Yes. LOCATION: East Side of Route 29 North (Seminole Trail) across from Lewis and Clark Drive. TAX MAP/PARCEL: 32-22K. MAGISTERIAL DISTRICT: Rivanna. 17. From the Board: Committee Reports and Matters Not Listed on the Agenda. 18. Adjourn. CONSENT AGENDA FOR APPROVAL: 11.1 Approval of Minutes: June 7, June 14 and September 13, 2006. 11 .2 SOCA South Fork Expansion - Request to amend the Albemarle County Service Authority Jurisdictional Area to provide sewer service to Tax Map 46, Parcels 22 and 22C, located adjacent to the SOCA sports facility on Polo Grounds Road. 11.3 Resolution - Acceptance of FY 2004-05 and FY 2005-06 landowners' offers to sell conservation easements. 11.4 Resolution Authorizing Funding for the Regional Transit Authority Plan. 11.5 Resolution of the Industrial Development Authority authorizing the issuance of Colorado Health Facilities Authority revenue bonds, pursuant to the Industrial Development and Revenue Bond Act, in an amount not to exceed $51,000,000 for the benefit of Global Country of World Peace. 11.6 Resolution of the Industrial Development Authority authorizing the issuance of revenue bonds, pursuant to the Industrial Development and Revenue Bond Act, in an amount not to exceed $45,000,000 for Westminster- Canterbury of the Blue Ridge. FOR INFORMATION: 11.7 FY 2007 Second Quarter Financial Report. 11.8 Copy of letter dated December 29, 2006, from John Shepherd, Manager of Zoning Administration, to Brian S. Ray, Inc., re: OFFICIAL DETERMINA TlON OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 120, Parcel 16- Scottsville Magisterial District (Property of Margaret R. Van Clief Revocable Trust) Section 10.3.1. ACTIONS Board of Supervisors Meetina of February 14, 2007 February 15, 2007 1. Call to order. . Meeting called to order at 2:05 p.m., by the Chairman, Mr. Boyd. All BOS members were present. Also present were Bob Tucker, Larry Davis and Ella Carev. 2. Work Session: Business Plan (CIP) . HELD. 3. Tour of Nowly Renovatod Community Do'.<elop mont Offices. . Due to time constraints, removed from aaenda. JOINT MEETING WITH SCHOOL BOARD . All School Board members were present. Also oresent was Pam Moran. 4a. Co-location and Development of Public Facilities. Tom Foley/Diane Behrens: Bring additional . Staff to come back with specific details and information to joint boards. how the concept would work relative to the proposal from the Jefferson Institute of Lifelona Learnina (JILL). 4b. Revised Calendar for CIP process. Clerk: Include joint meeting on Board's . Included in the process, a joint meeting with schedule. the School Board on December 5th to review the CIP Oversight Committee's recommend- dations. 4c. Living Wage Report. . Decided to not move forward with setting a minimum livinq waqe at this time. 5. Recess. . The meetinq recessed at 5:36 p.m. 6. Call to Order. . Meeting was called back to order at 6:06 p.m. by the Chairman, Mr. Boyd. All BOS members were present. Also present were Bob Tucker, Larry Davis, and Meaaan Hov. 9. From the Public: Matter Not Listed for Public Hearing on the Agenda. . There were none. 10. From the Board: Committee Reports and Matters Not Listed on the Agenda. Dennis Rooker . Discussed a meeting he and Mr. Boyd had with representatives from the City regarding transit funding for the year and price of transit routes in the County. They were able to establish a long term formula on which transit will be priced to the County. Schedule on April 4th agenda. Sallv Thomas: Clerk: . Requested an update from Rivanna on sewer system capacity be scheduled on a future agenda. . Requested a letter be written to Aooalachian Power Company regarding clearing of debris after tree trimming under their power lines. David Wyant: . Asked that this agenda item be moved before "comments from the public" on future aaendas. 11.2 SOCA South Fork Expansion. Clerk: Schedule on regular agenda for April . DEFERRED until April 11, 2007 to coincide 11 , 2007. with special use permit request. 11.3 Resolution - Acceptance of FY 2004-05 and FY Clerk: Forward resolutions to David Benish, 2005-06 landowners' offer to sell conservation Ches Goodall, and County Attorney's Office. easements. (Attachments 1 and 2) . ADOPTED the attached resolution, by a vote of 6:0, accepting FY 2004-05 applicant's offer (from Rock Mills Land Trust) to sell a conservation easement to the County, for the price specified and subject to the terms and conditions contained in the proposed deed of easement, and authorize the County Executive to sign the final deed of easement for each property. . ADOPTED the attached resolution, by a vote of 6:0, accepting FY 2005-06 applicants' offers (from Hook and Chester) to donate and sell a conservation easement to the County, respectively, for the price (Chester) specified and subject to the terms and conditions contained in the proposed deeds of easement, and authorize the County Executive to sign the final deed of easement for each property. 11.4 Resolution Authorizing Funding for the Regional Clerk: Forward resolution to Harrison Rue Transit Authority Plan. and County Attorney's Office. (Attachment 3) . ADOPTED resolution by a vote of 6:0. Staff OMB: Schedule on next budget amendment. to prepare appropriation to come forward as budget amendment. 11.5 Resolution of the IDA authorizing the issuance of Clerk: Forward resolution to Daniel Siegel, Colorado Health Facilities Authority revenue Bond Counsel. (Attachment 4) bonds, pursuant to the Industrial Development and Revenue Bond Act, in an amount not to exceed $51,000,000 for the benefit of Global Country of World Peace. . ADOPTED resolution by a vote of 6:0. 11.6 Resolution of the IDA authorizing the issuance of Clerk: Forward resolution to David revenue bonds, pursuant to the lAD and Revenue Richardson, Bond Counsel. (Attachment 5) Bond Act, in an amount not to exceed $45,000,000 for Westminster-Canterbury of the Blue Ridge. . ADOPTED resolution by a vote of 6:0. 12. 2007/08-2012/13 Six Year Secondary Road Plan. Clerk: Forward to Juandiego Wade and David . APPROVED the County Priority List of Benish to coordinate with VDoT. Secondary Road Improvements, as modified, with the addition of Berkmar 2 Bridge, and Maxfield Road as a Rural Rustic Road for improvement in the current year; and AUTHORIZED the County Executive to sign the VDOT Secondary System Construction Program for Albemarle County consistent with the County's Priority List. 13. Water Protection Ordinance. Illicit Discharges Clerk: Forward ordinance to George and Connections. Shad man , Greg Harper and County Attorney's . ADOPTED the attached ordinance. office. (Attachment 6) 14. King Family Vineyards - Winery Expansion. Clerk: Reschedule and advertise for public . INDEFINTL Y DEFERRED at the applicant's hearing when ready to come back to Board. request. 15. ZMA-2005-007. Haden Place (Signs #13,13) Clerk: Set out proffers. (Attachment 7) . APPROVED ZMA 2005-0007, by a vote of 6:0, subject to the applicant's proffers, Code of Development and Application Plan. 16. SP-2006-034. North Pointe - Stream Crossing Clerk: Set out conditions of approval. (Sign #8). (Attachment 8) . APPROVED SP-2006-034 subject to the 11 conditions recommended by the Planning Commission, with conditions #9 and #10 amended at the Board meetinq. 17. From the Board: Committee Reports and Matters Not Listed on the Agenda. Dennis Rooker: . Confirmed that staff would invite Com cast to speak before the Board. David Wyant: . Asked if the issue of bonus density and affordable housing would be coming back for more discussion. Mr. Rooker commented that the issue needs to be resolved. Sallv Thomas: . She would like for County staff to get to the point where it can require or request applicants to follow the liahting ordinance. 18. Adiourn. At 9:17 p.m., the Board adiourned. Attachment 1 - Resolution accepting FY 2004-05 landowners' offers to sell conservation easements Attachment 2 - Resolution accepting FY 2005-06 landowners' offers to sell conservation easements Attachment 3 - Resolution - Regional Transit Authority Plan Attachment 4 - Resolution - IDA - Global Country of World Peace Attachment 5 - Resolution - IDA - Westminster-Canterbury of the Blue Ridge Attachment 6 - Ordinance - Water Protection Attachment 7 - ZMA-2005-007 Haden Place Proffers Attachment 8 - Conditions of Approval 3 ATTACHMENT 1 RESOLUTION ACCEPTING OFFER TO SELL A CONSERVATION EASEMENT UNDER THE ACE PROGRAM WHEREAS, the County has received an offer to sell a conservation easement under the ACE Program from the owner of the following properties: Rock Mills Land Trust TM 74, Parcel 19 TM 74. Parcel 20 Total (136.540 acres) ( 9.000 acres) (145.540 acres) WHEREAS, the owner offered to sell a conservation easement on the respective properties to the County for a fixed purchase price, subject to terms and conditions set forth in the proposed deed of easement enclosed with the County's invitation to offer to sell, subject to any further revisions deemed necessary by the County Attorney and agreed to by the owner. NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors hereby accepts the offer to sell a conservation easement for each of the properties described above, and authorizes the County Executive to execute all documents necessary for completing the acquisitions. BE IT FURTHER RESOLVED that the Board of Supervisors hereby directs the County Attorney to send copies of this resolution to the owner(s) of the properties identified herein, or their contact persons. 4 ATTACHMENT 2 RESOLUTION ACCEPTING OFFER TO SELL A CONSERVATION EASEMENT UNDER THE ACE PROGRAM WHEREAS, the County has received an offer to sell a conservation easement under the ACE Program from the owner(s) of the following properties: Hook TM 84, Parcel 11 B "A" TM 84. Parcel 11 B "B" Total (114.000 acres) ( 7.000 acres) (121.000 acres) ( 22.011 acres) ( 2.450 acres) ( 52.000 acres) ( 76.461 acres) Chester TM 65, Parcel 11 TM 65, Parcel 11 B TM 65. Parcel 11 C Total WHEREAS, the owner(s) offered to sell a conservation easement on the respective properties to the County for a fixed purchase price, subject to terms and conditions set forth in the proposed deed of easement enclosed with the County's invitation to offer to sell, subject to any further revisions deemed necessary by the County Attorney and agreed to by the owner; and WHEREAS, the owner of the Hook property has advised the County that she desires to donate the conservation easement. NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors hereby accepts the offer to donate (Hook) and to sell (Chester) a conservation easement for each of the properties described above, and authorizes the County Executive to execute all documents necessary for completing the acquisitions. BE IT FURTHER RESOLVED that the Board of Supervisors hereby directs the County Attorney to send copies of this resolution to the owner(s) of the properties identified herein, or their contact persons. 5 ATTACHMENT 3 Resolution Authorizing Funding for the Regional Transit Authority Plan WHEREAS, The Charlottesville-Albemarle Metropolitan Planning Organization (MPO) Policy Board has authorized Harrison Rue, Executive Director of the Thomas Jefferson Planning District Commission (TJPDC) as fiscal agent for the MPO, to execute and file an application to the Department of Rail and Public Transportation, Commonwealth of Virginia, hereafter referred to as "Department," for a grant of financial assistance in the amount of $100,000 to defray the costs for the development of the Regional Transit Authority Plan (RT AP) and to accept from the Department grants in such amounts as may be awarded, and to authorize MPO Staff to furnish to the Department such documents and other information as may be required for processing the grant request; and WHEREAS, a grant of financial assistance from the Department requires a local match of 10% and the 10% local match for this grant of financial assistance is $10,000; and WHEREAS, the costs of the local match of $10,000 will be distributed equally between the City of Charlottesville and County of Albemarle, with each contributing $5,000; and WHEREAS, The Charlottesville-Albemarle Metropolitan Planning Organization (MPO) Policy Board has approved the Regional Transit Authority Plan (RTAP) Scope of Work budget estimate with $100,000 funded by the Department and $100,000 funded by combined equal contribution from the County of Albemarle and City of Charlottesville; and WHEREAS, The Charlottesville-Albemarle MPO Policy Board has recommended that the County of Albemarle and City of Charlottesville contribute $50,000 each to the RTAP which includes $5,000 from each jurisdiction to fund the 10% local match required by the Department. NOW, THEREFORE BE IT RESOLVED that the County of Albemarle will provide funds in the amount of $50,000, to contribute to the Regional Transit Authority Plan, of which $5,000 will be used to match the state funds in the ratio as required and $45,000 will fund its share of the remaining costs of the approved Scope of Work approved by unanimous vote of the MPO Policy Board. 6 ATTACHMENT 4 RESOLUTION OF THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA APPROVING THE ISSUANCE OF COLORADO HEALTH FACILITIES AUTHORITY REVENUE BONDS IN A MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $51,000,000 FOR THE PURPOSES OF FINANCING AND REFINANCING THE COSTS OF ACQUISITION, CONSTRUCTION, IMPROVEMENT, RENOVATION, REMODELING, FURNISHING AND EQUIPPING OF CERTAIN HEALTH FACILITIES AND CERTAIN OTHER MATTERS RELATING THERETO WHEREAS, there has been described to the Industrial Development Authority of Albemarle County, Virginia (the "Albemarle Authority") in a public hearing on behalf of the County of Albemarle, Virginia ("Albemarle County") the plan of financing of Global Country of World Peace (the "Borrower"), an Iowa nonprofit corporation exempt from taxation under Section 501 (c)(3) of the Internal Revenue Code of 1986, as amended (the "Code") which has its principal place of business at 1900 Capital Blvd., Fairfield, Iowa 52566; WHEREAS, the Borrower has requested that the Colorado Health Facilities Authority (the "Colorado Issuer") issue its revenue bonds (the "Bonds") in one or more series in a maximum amount of a total of $51,000,000; WHEREAS, the Borrower has represented that the proceeds of the Bonds will be used to: (a) finance the costs of acquisition, construction, improvement, renovation, remodeling, furnishing and equipping of certain health and health related support facilities of the Borrower, including but not limited to (i) regional peace center facilities to be located on approximately 450 acres at 137 Waldemere Road, Livingston Manor, New York; on approximately 1160 combined acres at 20043 70 Road, Lebanon Kansas and 17022 100 Road, Smith Center, Kansas; on approximately 668 acres at 160 Echota and Old Fort Road, Asheville, North Carolina; on approximately 522 acres at 00000 Lost Valley Road, 1000 feet southeast of the corner of Blackwood Drive and Canebrake Road, Boulevard, California; and on approximately 52 acres at 21650 Ballenger Road, Cedarpines Park, California; and (ii) local peace center facilities at the approximately three acres adjacent to the northern boundary of 1068 Elkton Drive, Colorado Springs, Colorado; 5504 Edson Road, N. Bethesda, Maryland; 380 Parkland Plaza, Ann Arbor, Michigan; 399 Ruth Street S., St. Paul, Minnesota; 968 154th Street, Pleasant Dale, Nebraska; 1929 Greentree Road, Cherry Hill, New Jersey; 9450 Transit Road, E. Amherst, New York; 1669 Pittsford Victor Road, Perinton, New York; .28 miles west of Old Willets Path on the south side of Route 25, Smithtown, Long Island, New York; 999 Rocky Ridge, Asheville, North Carolina; 971 Beaver Grade Road, Coraopolis, Pennsylvania; 3254 East Main Road, Portsmouth, Rhode Island; One Alpha Lane, Hixson, Tennessee; 7901 Centre Park Drive, Austin, Texas; Whitewood Road at the SW corner of Whitewood and Oak Forest Drive, in Charlottesville, Virginia (Lot B, Div of Parcel 26, with a proposed street address of 109 Whitewood Road) (collectively, the "Facilities"); (b) fund capitalized interest on the Bonds, if any; (c) fund any required debt service reserve fund; and (d) pay certain costs of issuance of the Bonds, including initial costs of any credit enhancement. Each local peace center or related facility will consist of an approximately 12,000 square foot two-story facility in which the Borrower intends to conduct health and wellness activities or related support activities. Each regional peace center will consist of at least one, but not more than four of the same approximately 12,000 square foot facility where the Borrower intends to conduct health and wellness activities or related support activities. No more than $10,000,000 of the proceeds of the Bonds is expected to be spent in any single location. No more than $3,500,000 of the proceeds of the Bonds will be used to finance Facilities located at Whitewood Road at the SW corner of Whitewood and Oak Forest Drive, in Charlottesville, Virginia (Lot B, Div of Parcel 26, with a proposed street address of 109 Whitewood Road). The Borrower will be the owner and operator of the Facilities and will be the party responsible for all costs of the Facilities and all costs of the issuance of and debt service on the Bonds; 7 WHEREAS, the Facilities located on Whitewood Road at the corner of Whitewood and Oak Forest Drive, in Charlottesville, Virginia (Lot B, Div of Parcel 26, with a proposed street address of 109 Whitewood Road) (the "Albemarle Facilities") to be financed or refinanced are located within the territorial limits of Albemarle County; WHEREAS, that there has been published, at least 14 days prior to the date of the meeting of the Albemarle Authority in which the public hearing was held, in a newspaper of general circulation within Albemarle County, a notice that a public hearing regarding the Bonds would be held on the date thereof; and WHEREAS, such public hearing was conducted on February 13, 2007, by the Albemarle Authority on behalf of the Board of Supervisors of Albemarle County, at which time an opportunity was provided to interested parties to present arguments both for and against the issuance of the Bonds; and WHEREAS, the issuance of the Bonds by the Colorado Issuer will not constitute a debt or pledge of the faith and credit of the Commonwealth of Virginia, Albemarle County or the Albemarle Authority; WHEREAS, the Borrower described the benefits to Albemarle County and requested the Albemarle Authority recommend to the Board of Supervisors of Albemarle County its approval of and concurrence with the issuance of the Bonds by the Colorado Issuer in such amounts as may be necessary to finance the cost of the Facilities; WHEREAS, the Albemarle Authority after public hearing, has recommended that the Board of Supervisors approve of and concur with the issuance of the Bonds by the Colorado Issuer in such amounts as may be necessary to finance the cost of the Facilities, WHEREAS, Section 147(f) of the Code provides that both the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of private activity bonds is located and the governmental unit on behalf of which such bonds are issued must approve the issuance of the bonds after public hearing; and WHEREAS, the Albemarle Facilities included within the Facilities to be financed through the issuance of the Bonds is located in Albemarle County and the Board of Supervisors of Albemarle County constitutes the highest elected governmental unit of Albemarle County; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA: 1. The Board of Supervisors of Albemarle County following the public hearing by the Albemarle Authority on behalf of the Board of Supervisors of Albemarle County, hereby approves and concurs with the financing of the Albemarle Facilities and the issuance of the Bonds by the Colorado Issuer for the benefit of the Borrower, as required by Section 147(f) of the Code. 2. The approval of and concurrence with the issuance of the Bonds, as required by said Section 147(f) of the Code, do not constitute an endorsement of the Bonds or the creditworthiness of the Borrower or otherwise indicate that the Albemarle Facilities possesses any economic viability. The issuance of the Bonds by the Colorado Issuer will not constitute a debt or pledge of the faith and credit of the Commonwealth of Virginia, the Albemarle Authority or Albemarle County, Virginia. Neither the Commonwealth of Virginia nor any political subdivision thereof, including the Albemarle Authority and Albemarle County, Virginia shall be obligated to pay the Bonds, or the interest thereon, or other costs incident thereto, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia nor any political subdivision thereof, including the Albemarle Authority and Albemarle County, Virginia, will be pledged to payment of principal of such Bonds or the interest thereon or other costs incidental thereto. 8 3. The Chairman or Vice Chairman of the Board of Supervisors, County Administrator, Clerk of the Board of Supervisors or other County officials are hereby authorized and directed to take such action and to execute and deliver such certificates or documents which they deem necessary or advisable in order to carry out, give effect to and comply with terms and intent of this resolution. 4. This resolution shall take effect immediately upon its adoption. 9 ATTACHMENT 5 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA WHEREAS, the Industrial Development Authority of Albemarle County, Virginia ("Authority"), has considered the application of Westminster-Canterbury of the Blue Ridge ("Borrower") requesting the issuance of the Authority's revenue bonds in an amount not to exceed $45,000,000 ("Bonds") to assist the Borrower in (a) refinancing all or a portion of the Authority's $69,815,000 Residential Care Facility Mortgage Revenue Bonds, Series 2001A issued on October 12, 2001 to finance or refinance various of capital projects at the Borrower's continuing care retirement community ("Facility"), located at 250 Pantops Mountain Drive in Albemarle County, Virginia (b) financing additional capital improvements to the Facility, and (c) financing a debt service reserve fund and costs of issuance for the bonds (collectively, the "Project"), and has held a public hearing on February 13, 2007. WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds; WHEREAS, the Authority issues its bonds on behalf of the County of Albemarle, Virginia ("County"); the Project is located in the County and the Board of Supervisors of the County of Albemarle, Virginia ("Board") constitutes the highest elected governmental unit of the County; WHEREAS, the Authority has recommended that the Board approve the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA: 1. The Board approves the issuance of the Bonds by the Authority for the benefit of the Borrower, as required by Section 147(f) of the Code and Section 15.2-4906 of the Code of Virginia of 1950, as amended to permit the Authority to assist in the refinancing of the Project. 2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or the Borrower. 3. This resolution shall take effect immediately upon its adoption. 10 ATTACHMENT 6 ORDINANCE NO. 07-17( ) AN ORDINANCE TO AMEND CHAPTER 17, WATER PROTECTION, OF THE CODE OF THE COUNTY OF ALEMARLE, VIRGINIA, BY AMENDING ARTICLE I, GENERAL, ARTICLE III, STORMWATER MANAGEMENT AND WATER QUALITY, ARTICLE IV, GROUNDWATER ASSESSMENTS, AND BY ADDING ARTICLE V, ILLICIT DISCHARGES AND CONNECTIONS BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 17, Water Protection, is amended and reordained as follows: By Amending: Sec.17-102 Purposes Sec. 17-104 Definitions Sec.17-105 Designation of program authority; powers and duties Sec. 17-300 Applicability Sec. 17-301 Designation of water resources areas Sec. 17-402 Tier 2 Assessments Sec. 17-403 Tier 3 Assessments Sec. 17-404 Tier 4 Assessments By Adding: Sec. 17-107 Relation of chapter to other laws Sec. 17-500 Applicability Sec. 17-501 Illicit discharges prohibited; exempt and authorized discharges Sec. 17-502 Illicit connections prohibited Sec. 17-503 Dumping prohibited Sec. 17-504 Maintaining the functional performance of streams Sec. 17-505 Inspections and monitoring Sec. 17-506 Discovery, containment, cleanup and notification of discharge Sec. 17-507 Penalties and remedies 1. BCHAP CHAPTER 17 WATER PROTECTION ARTICLE I. GENERAL Sec. 17-102 Purposes. The board of supervisors finds that this chapter is necessary to protect the health, safety and general welfare of the citizens of the county and the Commonwealth of Virginia and to prevent water from being rendered dangerous to the health of persons living in the county, and is supported by the findings of watershed studies that have been conducted. Therefore, the specific purposes of this chapter are to: 1. activities; inhibit the deterioration of state waters and waterways resulting from land disturbing 2. protect the safety and welfare of citizens, property owners, and businesses by minimizing the negative impacts of increased stormwater discharges from new land development and redevelopment; 11 3. protect against and minimize the pollution and eutrophication of public drinking water supplies resulting from land development; 4. control nonpoint source pollution, erosion and sedimentation, and stream channel erosion; 5. maintain the integrity of existing stream channels and networks for their biological functions, drainage, and natural recharge of groundwater; 6. functions; protect the condition of state waters for all reasonable public uses and ecological 7. provide for the long-term responsibility for and maintenance of stormwater management facilities and best management practices; 8. regulate the discharge of pollutants into storm drainage systems and state waters by prohibiting illicit discharges and connections, and the dumping of refuse and pollutants; the board of supervisors hereby determines that applying such regulations to not only the county's municipal separate storm sewer system but also to privately owned and operated storm drainage systems and state waters is necessary to prevent any further degradation to water resources; 9. facilitate the integration of stormwater management and pollution control with other county ordinances, programs, policies, and the comprehensive plan; and 10. promote the long-term sustainability of groundwater resources. (s 7-1, 6-18-75, S 2, 2-11-87, 3-18-92; S 19.1-4, 9-29-77, art. I, S 1, 7-11-90; S 19.2-2, 6-19-91, S 2; S 19.3-3, 2-11-98; Code 1988, SS 7-1, 19.1-4, 19.2-2, 19.3-3; Ord. 98-A(1), 8-5-98; Ord. 04-17(1), adopted 12-8-04, effective 2-8-05; Ord. 07-17(1), 2-14-07) State law reference-Va. Code SS 10.1-560 et seq., 10.1-603.1 et seq., S10.1-2108. Sec. 17-104 Definitions. The following definitions shall apply in the interpretation and implementation of this chapter: (4) Best management practice (BMP). The term "best management practice (BMP)" means a practice or combination of practices, including treatment practices, operating procedures, general good housekeeping practices, pollution prevention, prohibitions of activities, education practices, and other management practices, determined by the program authority to be the most effective, practical means of preventing or reducing the amount of water pollution generated by non point sources to a level compatible with water quality goals. (10) County engineer. The term "county engineer" means the county engineer within the department of community development or his designee. (12) Department of community development. The term "department of community development" means the county department of community development. (12.1) Department of general services. The term "department of general services" means the county department of general services. 12 (20.1) Hazardous substance. The term "hazardous substance" means any substance designated as such under the Virginia Code and 40 CFR Part 116 (2000) pursuant to ~ 311 of the Clean Water Act, .codified in 33 U.S.C. ~ 1251 et seq. (20.2) Illicit discharge. The term "illicit discharge" means any discharge to the storm drainage system that is not composed entirely of stormwater, excepting discharges pursuant to a Virginia Pollutant Discharge Elimination System ("VPDES") or Virginia Storm Management Program ("VSMP") permit (other than a VSMP permit for discharges from the municipal separate storm sewer), discharges resulting from fire fighting activities, and discharges identified by and in compliance with 4 VAC 50-60-1220(C)(2), as delineated in section 17-501. (20.3) Illicit connection. The term "illicit connection" means either: (a) Any drain or conveyance, whether on the surface or subsurface, that allows an illicit discharge to enter the storm drainage system, and includes but is not limited to: (i) any conveyances that allow sewage, process wastewater, wash water or pollutants to enter the system; and (ii) any connections to the system from indoor drains and sinks, regardless of whether such connections were previously allowed, permitted, or approved by the county or any other government agency; or (b) Any drain or conveyance connected to the storm drainage system from a commercial or industrial use that has not been approved by the county in a site plan, subdivision plat, or other plan or permit. (26.1) Municipal separate storm sewer system ("MS4'J. The term "municipal separate storm sewer system" means all separate storm sewers comprising the system of conveyances, including roads with drainage systems, public streets, catch basins, sidewalks, curbs, gutters, ditches, manmade channels, or storm drains: (i) owned or operated by the county; (ii) designed or used for collecting or conveying stormwater; (iii) that are not a combined sewer; and (iv) that are not part of a publicly owned treatment works. (29.1) Non-stormwater discharge. The term "non-stormwater discharge" means any discharge to the storm drainage system or state waters that is not comprised entirely of stormwater. (35.1) Person. The term "person" means a natural person, corporation, partnership, sole proprietorship, trust, trustee, joint venture, or any other entity. (36.1) Pollutant. The term "pollutant" means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 USC ~2011 et seq.)), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. (a) The term "pollutant" includes, but is not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquids and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. 13 (b) The term "pollutant" does not include: (i) sewage from vessels; or (ii) water, gas, or other material that is injected into a well to facilitate production of oil or gas, or water derived in association with oil and gas production and disposed of in a well if the well used either to facilitate production or for disposal purposes is approved by the Virginia Soil and Water Conservation board and if the board determines that the injection or disposal will not result in the degradation of ground or surface water resources. (36.2) Premises. The term "premises" means any building or structure, or any lot or parcel, whether improved or unimproved, and including adjacent curbs, gutters, sidewalks and planting strips. (37) Program authority. The term "program authority" means the department of community development, and except where the context clearly indicates otherwise, includes any officer or employee of the department of community development or the department of general services authorized by the director of the department of community development to act pursuant to this chapter. (43.1) Storm drainage system. The term "storm drainage system" means the municipal separate storm sewer system and any privately owned and maintained improvements by which stormwater is collected and/or conveyed and which ultimately discharges to state waters, including but not limited to, street drainage systems, streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, human-made or altered drainage channels, ponds, and other drainage structures. (43.2) Storm water. The term "stormwater" means precipitation that is discharged across the land surface or through conveyances to one or more waterways and that may include stormwater runoff, snow melt runoff, and surface runoff and drainage. (47.1) Virginia Pollutant Discharge Elimination System (VPDES) permit. The term "Virginia Pollutant Discharge Elimination System (VPDES) permit" means a document issued by the State Water Control Board pursuant to the State Water Control Law authorizing, under prescribed conditions, the potential or actual discharge of pollutants from a point source to surface waters and the use or disposal of sewage sludge. (97-2,6-18-75,94,7-9-80,2-11-87,3-18-92,9 19.1-5,9-29-77, art. 1,92,9-13-78,7-11-90,8-3-94; 9 19.2-4,6-19-91; 919.3-5,2-11-98; Code 1988, 99 7-2,19.1-5,19.2-4,19.3-5; Ord. 98-A(1), 8-5-98; Ord. 07-17(1),2-14-07) State law reference-oVa. Code SS 10.1-560, 10.1-603.2. Sec. 17-105 Designation of program authority; powers and duties. A. The board of supervisors hereby designates the department of community development as the program authority. B. The program authority shall administer and enforce this chapter as authorized by law. C. The program authority shall establish reasonable administrative procedures for the administration of this chapter, including developing and maintaining for article III a design manual containing information about the content of plans required by article III, calculation methods, maintenance and inspection procedures, and other information to assist with the implementation and enforcement of article III. The program authority shall update the design manual periodically. The manual shall be consistent with this chapter and all applicable statutes and regulations. 14 D. The program authority shall assure that the erosion and sediment control program set forth in article II is administered by a certified program administrator, a certified plan reviewer, and a certified project inspector. Such positions may be filled by the same person. E. The program authority shall take appropriate enforcement actions to achieve compliance with this chapter, and shall maintain a record of enforcement actions for all active land disturbing activities, land developments, illicit discharges, illicit connections, and prohibited dumping. F. The program authority is authorized to cooperate with any federal or state agency in connection with plans for erosion and sediment control or stormwater management. The program authority may also recommend to the county executive any proposed agreement with such agency for such purposes, which agreement shall be executed, if at all, by the county executive on behalf of the county. (s 7-9, 4-21-76, 2-11-87, 3-18-92; S 19.3-6,2-11-98; Code 1988, SS 7-9,19.3-6; Ord. 98-A(1), 8-5-98; Ord. 07-17(1), 2-14-07) State law reference--Va. Code 99 10.1-562, 10.1-603.3. 10.1-603.12:1 et seq. Sec. 17-107 Relation of chapter to other laws The requirements of this chapter are: A. Separate from, but supplementary to, all other applicable requirements of the Code. Compliance with the requirements of this chapter shall not be deemed to be compliance with other applicable ordinances or regulations. B. Separate from, but supplementary to, all other applicable requirements of state or federal law. If the requirements of this chapter are in direct conflict with mandatory state or federal requirements, then the state or federal requirements shall apply. C. Separate from the requirements, terms or conditions of any private easement, covenant, agreement or restriction. Neither the county nor any of its officers, employees or agents shall have any duty to enforce a private easement, covenant, agreement or restriction. ARTICLE III. STORMWATER MANAGEMENT AND WATER QUALITY Sec. 17-300 Applicability. Each owner shall comply with the requirements of this article prior to commencing any land development, or allowing any land development to occur, on his property and at all times thereafter. (s 19.1-6,9-29-77, art. II, S 1,10-19-77,9-13-78,10-22-80,7-11-90,8-3-94; S 19.2-5, 6-19-91, S 5; S 19.3-24,2-11-98; Code 1988, SS 19.1-6, 19.2-5, 19.3-24; Ord. 98-A(1), 8-5-98; Ord. 07-17(1), 2-14-07) State law reference--Va. Code 9910.1-603.3,10.1-603.9,10.1-2108. Sec. 17-301 Designation of water resources areas. In order to better effectuate the purposes of this article, all of the land within the county is hereby designated as being within one or more of the following water resources areas: A. Development areas: Development areas are those areas of land within the county designated as development areas in the land use element of the comprehensive plan, and as shown on the official map of the land use element. 15 B. Areas of intill and redevelopment: Areas of infill and redevelopment are those areas of land within the county that are: (i) within a development area; and (ii) designated as areas of infill and redevelopment for purposes of this article by the board of supervisors, and as shown on the official map adopted showing such areas. The board of supervisors shall designate such areas based on a finding that existing development has altered severely the natural condition of the area, including the presence of vegetation, and that infill and redevelopment activities would serve other community and comprehensive plan goals. C. Water supply protection areas: Water supply protection areas are those areas of land within the county that are within the watershed of a public water supply reservoir or water supply intake, and such areas shall consist of all land within the county that drains naturally to the South Fork Rivanna Reservoir, Beaver Creek Reservoir, Totier Creek Reservoir, Sugar Hollow Reservoir, Ragged Mountain Reservoir, Chris Greene Lake, the North Fork Rivanna River intake, and to any impoundment or water supply intake designated in the future by the board of supervisors as a public water supply reservoir. D. Other rural land: Other rural land consists of those areas of land that are not within a development area, an area of infill and redevelopment, or a water supply protection area. (919.2-6,6-19-91,96; 9 19.3-25,2-11-98; Code 1988, 99 19.2-6, 19.3-25; Ord. 98-A(1), 8-5-98; Ord. 07- 17(1),2-14-07) State law reference-oVa. Code S 10.1-2108. ARTICLE IV. GROUNDWATER ASSESSMENTS Sec. 17-402 Tier 2 assessments. A Tier 2 assessment shall consist of the program authority reviewing and evaluating the county's well database, available hydrogeologic studies, and information from the Virginia Department of Health and the Virginia Department of Environmental Quality, as provided in chapter 2 of the design standards manual. Based on this evaluation, the program authority may require that the owner provide additional groundwater assessment data prior to subdivision plat or site plan approval, or may require that a Tier 3 assessment be submitted. (9402, Ord. 04-17(1),12-8-04, effective 2-8-05; Ord. 07-17(1), 2-14-07) Sec. 17-403 Tier 3 assessments. 2. A Tier 3 assessment shall consist of the following: A. The owner shall submit a draft groundwater management plan with the preliminary plat or site plan. The groundwater management plan shall comply with the requirements for such plans in chapter 2 of the design standards manual. If the groundwater management plan identifies special areas of concern, such as an off-site resource of high groundwater sensitivity or a previously unknown source of contamination, then the program authority may require additional groundwater assessment data prior to preliminary subdivision plat or site plan approval. B. The owner shall submit a final groundwater management plan that must be approved by the program authority prior to approval of the final plat or site plan. C. Any structural measures (e.g., best management practices) shall be bonded as a subdivision plat or site plan improvement. 16 The program authority may require that a Tier 4 assessment be submitted instead of a Tier 3 assessment if the special areas of concern identified in subsection (A) have not been adequately addressed by the additional groundwater assessment data. (~17-403, Ord. 04-17(1),12-8-04, effective 2-8-05; Ord. 07-17(1), 2-14-07) Sec. 17-404 Tier 4 assessments. A Tier 4 assessment shall consist of the following: A. The owner shall submit a draft groundwater management plan and an aquifer testing workplan complying with the requirements for such plans in chapter 2 of the design standards manual, with the preliminary plat, preliminary site plan, or the application for a central water supply. The groundwater management plan must demonstrate to the program authority's satisfaction that the site's groundwater conditions have been considered with the subdivision or site plan's layout and design. The aquifer testing workplan must be approved by the program authority before the owner may conduct aquifer testing as required by subsection (B). B. After the program authority approves the aquifer testing workplan, the owner shall conduct aquifer testing as provided in the workplan. C. The owner shall submit a final groundwater management plan and a groundwater assessment report complying with the requirements for such a report in chapter 2 of the design standards manual, based upon the results of the aquifer testing. The final groundwater management plan and the groundwater assessment report must be approved by the program authority prior to final subdivision plat or site plan approval. D. Any structural measures (e.g., best management practices) shall be bonded as a subdivision plat or site plan improvement. (~404, Ord. 04-17(1), 12-8-04, effective 2-8-05; Ord. 07-17(1), 2-14-07) ARTICLE V. ILLICIT DISCHARGES AND CONNECTIONS Sec. 17-500 Applicability. This article shall apply to all activities that cause or allow to be caused direct or indirect illicit discharges, illicit connections, and the prohibited dumping of refuse and pollutants, or which negatively impede the flow capacity of the storm drainage system or state waters that (i) are not covered by other articles of this chapter and (ii) are not expressly exempt from this article. State law reference-oVa. Code SS 10.1-603.3,10.1-603.7. Sec. 17-501 Illicit discharges prohibited; exempt and authorized discharges. No person shall throw, drain, or otherwise discharge, cause or allow others under their control to throw, drain, or otherwise discharge into the storm drainage system or state waters any pollutants or waters containing any pollutants, other than stormwater. The commencement, conduct, or continuance of any such illicit discharge to the storm drainage system or state waters is prohibited, subject to the following: A. this article: Conditionally exempt discharges. The following discharges are conditionally exempt from 17 1. Discharges pursuant to a Virginia Pollutant Discharge Elimination System ("VPDES") or Virginia Storm Management Program ("VSMP") permit (other than a VSMP permit for discharges from the municipal separate storm sewer); 2. Discharges resulting from fire fighting and other public safety activities; 3. Discharges associated with the maintenance or repair of public water, sanitary, and storm sewer lines, and public drinking water reservoirs and drinking water treatment or distributions systems conducted in accordance with applicable federal and state regulations and standards; 4. Discharges associated with any activity by the county, its employees and agents, in the maintenance of any component of a county-maintained stormwater management facility conducted in accordance with applicable federal and state regulations and standards; 5. Discharges specified in writing by the program authority as being necessary to protect public health and safety; 6. Water line flushing; 7. Landscape irrigation and lawn watering; 8. Non-point discharges associated with agricultural and silvicultural operations; 9. Diverted stream flows; 10. Rising ground water, springs, uncontaminated ground water infiltration, and pumped ground water; 11. Flows from riparian habitats and wetlands; condensation; 12. Discharges from potable water sources, foundation drains, and air conditioning 13. Water from crawl space pumps and footing drains; 14. House washing and individual car washing on residential lots; 15. De-chlorinated swimming pool discharges having less than 1 part per million chlorine and discharges from hot tubs; 16. Street wash water; 17. Water from washed parking lots or sidewalks to remove algae or oil buildup; lots. 18. Application of salts or other de-icing substances to streets, sidewalks and parking 19. Discharges associated with dye testing, provided that the program authority is notified in writing before the test. If the program authority determines that any of these exempted activities are causing adverse impacts to state waters in a specific case, the program authority may revoke the exemption for that specific case and such revocation shall be effective from the date the person responsible for the discharge is informed in writing of the determination that the exemption is revoked. 18 B. Discharges authorized by VPDES permit, waiver or waste discharge order. The prohibition shall not apply to any non-stormwater discharge permitted under a VPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the United States Environmental Protection Agency (EPA), provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations and provided that written approval has been granted for any discharge to the storm drainage system. State law reference-oVa. Code SS 10.1-603.3, 10.1-603.7. Sec. 17-502 Illicit connections prohibited. The construction, use, maintenance, or continued existence of illicit connections to the storm drainage system is prohibited. A. Pre-existing illicit connections. Any illicit connection previously authorized before the effective date of this chapter shall comply with the requirements of this chapter by December 31,2007, or such later date as expressly authorized by the program authority upon good cause shown by the person requesting the extension. B. Disconnection and redirection. Any illicit connection shall be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system upon approval of the Albemarle County Service Authority. C. Locating undocumented connections. Any drain or conveyance that has not been documented in plans, maps, or their equivalent and which appears to be connected to the storm drainage system shall be located by the owner, occupant, lessee, principal, agent, employee or otherwise, of that property within the time period specified in the written notice of violation from the program authority requiring that the connection be located. The notice shall require that: (i) the location of the drain or conveyance be determined; (ii) the drain or conveyance be identified as a storm sewer, sanitary sewer, or other; and (iii) the outfall location or point of connection to the storm drainage system, sanitary sewer system, or other discharge point be identified. The results of these investigations shall be documented and provided to the program authority. State law reference-oVa. Code SS 10.1-603.3, 10.1-603.7. Sec. 17-503 Dumping prohibited. No person, whether the owner, occupant, lessee, principal, agent, employee or otherwise, may dump or discharge, or allow any other person to dump or discharge, refuse, as that term is defined in section 13-100 of the Code, or any other material or pollutant, natural or synthetic, into the storm drainage system or a natural stream, unless the dumping or discharge is expressly authorized by the Code. Sec. 17-504 Maintaining the functional performance of the storm drainage system and streams. The storm drainage system and natural streams shall be maintained as follows: A. Keeping the storm drainage system and natural streams free of refuse and other obstacles. Every person, whether the owner, occupant, lessee, principal, agent, employee or otherwise, owning, occupying or otherwise responsible for the condition of the property through which a privately- maintained storm drainage system or natural stream passes, shall maintain the part of such system or stream on the property free of refuse, as that term is defined in section 13-100 of the Code, and other obstacles that would pollute, contaminate, or adversely impact the system's or stream's functional performance. 19 B. Maintaining structures within the flood hazard overlay district. Every person, whether the owner, occupant, lessee, principal, agent, employee or otherwise, owning, occupying or otherwise responsible for the condition of the property through which a natural stream passes, shall maintain existing privately-owned structures within the flood hazard overlay district established under section 18- 30.3 of the Code so that such structures do not become a hazard to the use, function, or physical or ecological integrity of the stream. State law reference-oVa. Code SS 10.1-603.3,10.1-603.7. Sec. 17-505 Inspections and monitoring. The program authority is authorized to assure compliance with the requirements of this article as follows: A. Inspections and monitoring, generally. The program authority is authorized to conduct inspections of private property and to conduct monitoring of storm drainage systems, natural streams, and facilities permitted by VPDES permits, in the manner authorized by law to assure compliance with the requirements of this article. B. Inspection of records of VPDES permittees. Every VPDES permitee shall allow the program authority to examine VPDES application materials, plans, specifications, and other pertinent information as may be necessary to determine the effect of the permittee's discharge on the quality of state waters, such other information as may be necessary to accomplish the purposes of this article, including records required to be kept under the conditions of the permit, and enforcement records such as inspection reports, notices of violation, and documents detailing the nature of any land disturbing activity that may have occurred, or similar documents, that are not exempt from disclosure under Virginia Code ~ 10.1-603.12:2. C. Monitoring and sampling equipment on VPDES permitted facilities. The program authority is authorized, either under a condition of the VPDES permit, with the permittee's consent or by court order: (i) to establish on any permitted facility such devices as are necessary in the opinion of the program authority to conduct monitoring and/or sampling of the facility's stormwater discharge; and (ii) to require the permittee to install monitoring equipment as the program authority deems necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the permittee at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. D. Obligation of VPDES permittee to assure clear access. At the written or oral request of the program authority, every VPDES permittee shall promptly remove any temporary or permanent obstruction to safe and easy access to the permitted facility to be inspected and/or sampled, and such obstructions shall not be replaced. The costs of removing such obstructions shall be borne by the operator. State law reference-oVa. Code SS 10.1-603.3,10.1-603.7,10.1-603.12:1,10.1-603.12:2. Sec. 17-506 Discovery, containment, cleanup and notification of discharge. If a discharge occurs or is suspected to have occurred, the following procedures shall apply: A. Discovery, containment and cleanup. Notwithstanding any other requirement of law, as soon as any person responsible for a facility, operation, or activity, or responsible for the emergency response for a facility, operation, or activity, has information of any known or suspected discharge of substances which are resulting or may result in an illicit discharge into the storm drainage system or state waters, that person shall take all necessary steps to ensure the discovery, containment, and cleanup of the discharge. 20 B. Notification. The person identified in subsection (A) also shall provide the following notification of the discharge: (i) if the discharge contains, or may contain, a hazardous substance, the person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services; and (ii) if the discharge contains, or may contain, only non-hazardous substances, the person shall notify the program authority in person, by phone, by email, or by facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the program authority within five (5) business days of the phone notice. C. Record of discharge from commercial or industrial establishment. If an illicit discharge is from a commercial or industrial establishment, the owner or operator of the establishment shall retain on- site a written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least two (2) years and a copy thereof shall be provided to the program authority within fifteen (15) days of the date of the discharge. State law reference-oVa. Code SS 10.1-603.3, 10.1-603.7, 10.1-603.11. Sec. 17-507 Penalties and remedies. The penalties and other remedies for a violation of this article shall be as provided in Virginia Code 910.1-603.14. State law reference--Va. Code 9 10.1-603.14. 21 ATTACHMENT 7 Proffer Form Date: October 2, 2006 10/05/06 12/01/06 Revisions: 01/24/07 02/05/07 ZMA: 2005-0007 Tax Map and Parcel Numbers: 55-69 and 56-9 69 Acres to be rezoned from R2 to NMD (Nei2hborhood Model District) in accordance with the Application Plan titled Haden Place, dated September 4, 2006 revised January 23. 2007 And prepared by Dominion Development Resources. LLC Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned. These conditions are proffered as a part of the requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning request. 1) Construction of Off-Site Improvements: No later than 12 months after approval of the first subdivision plat or site plan within Haden Place, the Applicant shall design and construct at its sole expense the following: a. Haden Lane Road Widening: Haden Lane, from the southern boundary of Haden Place to Jarmans Gap Road, and from the southern boundary of Haden Place to its terminus at the southern Boundary of Tax Map 56 Parcel 8, shall be widened to a minimum pavement width of 20' and shoulders and ditches shall be installed to the extent allowed within the existing right-of-way. The improvements shall be designed and constructed to the satisfaction of the County Engineer. b. Stormwater Drainage to Powell's Creek: The Owner shall not request that the County issue a building permit within Haden Place prior to the construction or bonding of an off- site stormwater drainage system to Powell's Creek in general accord to that shown on the General Development Plan. 2) Interparcel connection to Summerford Lane: Final location for dedication of the inter-parcel connection with Ballard Fields will be determined as a condition of first subdivision plat or first site plan approval for any development within Haden Place. The Owner shall design and construct at its sole expense the inter-parcel vehicular connection to Summerford Lane. Said construction shall be completed as designed and approved by the County Engineer, no later than 12 months after approval of the final subdivision plat or final site plan approval for lots within Blocks C, D, E, F, or G as shown on the General Development Plan. 3) Vehicular Ingress/Egress: Vehicular connection from the Proposed Connector Road shown on the ZMA 2005-0007 Application Plan, last revised February 5, 2007 to Killdeer Lane shall be prohibited until such time that sight distance improvements, acceptable to the Virginia Department of Transportation, are 22 made to the intersection of Killdeer Lane and Jarmans Gap Road. The bollards prohibiting vehicular connection from the Proposed Connector Road to Killdeer Lane shall be removed within 60 days of the Virginia Department of Transportation's acceptance of the sight distance improvements. 4) Future Dedication for Realignment of Killdeer Lane: a. Upon the request of Albemarle County, a fifty (50) foot wide portion of the open space area shown as "Block J" on sheet A5.1 of the Application Plan shall be dedicated to public use, as necessary, for future realignment of Killdeer Lane. The location of the realignment is shown conceptually on the General Development Plan. b. If the land dedicated in Proffer 4a is not used for its stated purpose within 10 years of dedication, then the Owner may pursue vacation or abandonment of the dedicated right- of-way. 5) Cash Proffers: The Owner shall contribute a total of $82,000 cash for the purpose of mitigating traffic impacts from the development. The cash contribution shall be used only for the purpose of funding transportation projects identified in the County's Capital Improvements Program within the Community of Crozet. The cash contribution shall be paid in increments of $3,200 for each detached market rate unit and $2,700 for each market rate attached unit, prior to or at the time of issuance of the building permit for each unit. If this cash contribution has not been exhausted by the County for the stated purpose within ten (10) years from the date of the last payment of the contribution, all unexpended funds shall be applied to project(s) identified in the County's Capital Improvements Program within the Community of Crozet. 6) Affordable Housing: a. The Owner shall provide six (6) "for sale" residential units of affordable housing in Haden Place as identified on the Application Plan. The Owner shall convey the responsibility of constructing the affordable units to any subsequent purchaser of the subject property. The current Owner or subsequent Owner shall create units affordable to households with incomes less than 80% of the area median income, such that housing costs consisting of principal, interest, real estate taxes and homeowner's insurance (PITI) do not exceed 30% of the gross household income. The Albemarle County Office of Housing or its designee shall approve all purchasers of these units. The Owner/builder shall provide the County or its designee a period of 180 days to identify and pre-qualify an eligible purchaser for the affordable units. The 180-day period shall commence upon written notice from the Owner that the units will be available for sale. This notice shall not be given more than 120 days prior to anticipated receipt of the certificate of occupancy. If the County or its designee does not provide a qualified purchaser during this period, the Owner shall have the right to sell the unit(s) without any restriction on sales price or income of purchaser. This proffer shall apply only to the first sale of each of the six (6) units. b. Prior to the issuance of the fifteenth building permit for a market rate dwelling unit within Haden Place, the Owner shall obtain certificates of occupancy for three (3) affordable dwelling units. Prior to the issuance of the final building permit for a market rate dwelling unit within Haden Place, the Owner shall obtain certificates of occupancy for all of the affordable dwelling units within Haden Place. 7) Historic Resources: As a condition of the first preliminary subdivision plat or preliminary site plan approval for any development within Haden Place, the Owner shall provide a 23 reconnaissance level survey performed by an architectural historian or other qualified individual, to adequately provide an archival record of the existing homestead. The survey shall meet the requirements of the Virginia Department of Historic Resources Reconnaissance Survey Field Form, and results shall be included in the Haden Place Code of Development. 8) Overlot Grading Plan: For any subdivision not requiring a site development plan, the Owner shall submit an Overlot Grading Plan to the satisfaction of the County Engineer. The Owner shall obtain approval of the Overlot Grading Plan by the County Engineer before the first final subdivision plat or site plan is approved within Haden Place. The Owner shall not request that a Certificate of Occupancy be issued for a dwelling unit on a lot if the County Engineer has determined the lot grading is not consistent with the approved grading plans. Signature of Owner, Wendell W. Gibson Printed Name of Owner 02-05-2007 Date Wendell W. Gibson, President Wendell W. Gibson, Inc. 24 ATTACHMENT 8 PROJECT: SP-2006-034. North Pointe - Stream Crossina (Sian #8): PROPOSED: Fill in the floodplain of Flat Branch Creek for a road crossing to provide access for residential development. ZONING CATEGORY/GENERAL USAGE: Planned Development Mixed Commercial with which allows large-scale commercial uses; and residential by special use permit (15 units/ acre). A special use permit exists for residential use. SECTION: 30.3.05.2.1. of the Zoning Ordinance which allows for fill in the floodplain. COMPREHENSIVE PLAN LAND USE/DENSITY: Urban Density Residential - residential (6.01-34 units/acre) and supporting uses such as religious institutions, schools, commercial, office and service uses. ENTRANCE CORRIDOR: Yes. LOCATION: East Side of Route 29 North (Seminole Trail) across from Lewis and Clark Drive. TAX MAP/PARCEL: 32-22K. MAGISTERIAL DISTRICT: Rivanna. 1 . County and VDOT approval of the final lane configuration for the Northwest Passage over the stream crossing with the final road plans; 2. County and VDOT approval of final design plans and hydrologic/hydraulic computations for the stream crossing; 3. The applicant must obtain a map revision, letter of revision, or letter of amendment as required from the Federal Emergency Management Agency (FEMA) and copy the County Engineer on all correspondence; 4. County approval of a grading and an erosion and sediment control plan prior to the issuance of a grading permit for modification of the existing stream crossing; 5. Natural Resources Manager approval of a stream buffer mitigation plan prior to the issuance of a grading permit for modification of the existing stream crossing; 6. Provide an informal planting of mixed tree and shrub species and sizes to compensate for removed vegetation, and low-growing plants to stabilize slopes in the "proposed landscaping areas" shown on the plan submitted for ARB review entitled "Proposed Entry Layout with Landscaping North West Passage Intersection @ Route 29 North" with revision date of 12-04-06. 7. Provide large shade trees on the north and south sides of Northwest Passage, along the sidewalk and space reserved for the sidewalk, two and one half inch (2%") caliper minimum at planting, forty feet (40') on center, for a minimum distance of four hundred feet (400') from the existing edge of pavement of Route 29 North; 8. Provide trees in the median of Northwest Passage, beginning at the point closest to Route 29 North that can be approved by VDOT and extending for a minimum distance of four hundred feet (400') from the existing edge of pavement of Route 29 North. The planting shall take the form of a continuous informal mix of large, medium and small deciduous trees ranging from one and one- half inches (1 %" ) to two and one half inches (2W' ) caliper and evergreen trees ranging from four feet (4') to six feet (6') in height; 9. All of the above-noted landscaping shall be shown on the road plans submitted for Northwest Passage. The plans shall include a complete planting schedule keyed to the plan. The plans are subject to approval of the Design Planner; 10. Design details of the retaining walls, including column cap design, pier design, stone finish, other materials, etc., plant size and planting configuration shall be shown on the road plans and are subject to approval of the Design Planner; and 11. If the use, structure, or activity for which this special use permit is issued is not commenced within sixty (60) months after the permit is issued, the permit shall be deemed abandoned and the authority granted thereunder shall thereupon terminate. 25 ... I . _~)I-I-l-c200 7 . .c2 ~G ,- r' --,....---.- -..,.-------. Meetiml91 PIUff)QSe -"'-' ~ : $.tErd'eqjfi~ f.'1IJJl,1 G'lJJflll fi~~ /if!f1di fhf#.i @;G.Aatyls' Ff!.Wrf#.J Neaf!!i. , ~ Q/)j~V..e.~~{!)J},lt~~pJ al ~JJmorteJ1en:i~ ~trrfl.mgMtelafA} fbJf' fiJa.tJmgj fJJJU/fg, IJftfiJiJJJ i 'Outc0mes:: ,~ i]~ PQIiQ~' diJ.~ctjQfI th.rQl.Jgh Capit9J r-l.JJ;ldjng: Gl,JIcielir;v~s} tQ. Q,~'l!~~d in fl:ltk!J~, capital. pl,q[lJ71il:lg, Ws.e Qf cash., l)~~. Qt'Ie,as.e. revenl!e fi[lancinQ. · Ws"e. Qt' GO: SQnds r~qlJ.i[rli1g, ~. re.fer-~!.lql![Tl. i ~ Oit"~Gtibli1, fQr< fUJildi'nQ ttl~ F,Y Q.8:,..~1j2: CIP ~ S~giLl r~vi~w Qf I.l;IdJV!Ql,J<:11 CI.P-' P-rQjeG~s., -~ -~ ---~, _--.J 1 T A!llemJaJa, ' ~ ~.~,vi.~\l\l: of proPQ~erl: FY 4QQ&-1,2: Capital FlJnd.ing. PI.~o. . · R.~.Q.'Q.m..r:n._,.~nd.'_Cl.tjQns.:. ~IQ.f'.l:l. s.e. <?-t ca. S..bz. ~~g~.~ RE;\-l~nl!~' FI[).g.nGJIl~, and G.Q. BQnQ. Fl!lJa!1.Glng, ;. Sas.ed Or;! Pr~viou~, ~QClrQ. il1f,1l!t ~ " e<:ls~d. on R~Gomm1ndation~. frqrn FinClJlGiCll Ad.visors !,If" Closer ReNi:~V\t of 9, Year" QI.P PrQj~~t$, ~ FQGl..!$. on 5; rat/:l~r.~ tqg.n. 1 Q year'lQo..K, . · Roads. ~nq lJXQ.ClCt !!:1lrCls.trl!Gtl:Jre OIlJ~' tQ.. the.. ~xtent Qf Vlthg.tZs. q[r~Cldy.' iJl. tb'r Clp-. . w FlJ.rtl1~r r~\f.ie.w of sc<<r.nario.'~; in. flJt.lJre. Cl.S !Jl.q$te./j plaQs.. and. tn:~.nspo[tatiQn diliectiqn Q.~GQme.s mqce) Glea[: .~ 1- ! 1 --~ ID' fu' 11 2'{)'{)~" ~ M to. r ' . . '- " r r -, r - OJ,': i . . r." ~. F . . I _~eQem~fl. 'J - C' ~ c. ",,(1) JQO : ~ The. BfJf;1ffj' qJi!flQtS' stattt€). plr:;{HJr~ q' tflrlJill?l'l.!lm$}j IPJ~m.' to. prQvi~e ttJf]9~' tQ~' th~ CQLlnltsj IQll~; [rq!!lgl~ cap.ital' I:1~~gs. that ~aY' mclqd~. thElI u$.e ot g~!!lerat. QbligatibJJ QiQf1/ds. tQ. maximi~f;) th~. b tit. fth P\ . t. I' t'" /. {{'/lmb d' to. '..eoe.,$.: Q,' . ;.f;., 4~l:1q Y S Iflp ,fJ. ~...~lt~' ra m.g~ Yhf?i IrnpIElmGotatIQ[1! sch.fJqul~ tQ/! thiS pl~n !$h.all gQfici'p..ate q NQV~lrl/;JElf 2Q.Q8:' Re.f~r~nqlJ.!J1: to, obtain \toter E)PPIo'lt~f' tor- the. Q~fJitgl f)lfojects' . identiti.~d: to, be {ihan.c.eQ; QY get:1'ElEElI QbJigg.tiQP'. I qQr;Jgs." . . . w. 2 3 4 ~n_ ---I r!;.~ ~,r,l;'\nos.e~' ~Y:/ ~A'i\8. '..1 ~ ~- ~ ~-~. _~ ."=-' __"Q IJ- ~1.l'Q, ~--- OJ" Capital: ~Ymdim.gl P[aJilJ Prqj~~t~ ~\!!.lc;!~q WIth Qc!.s.11, Maintenance and Replacement Projects Technology Improvements VDOT Revenue Sharing Program On-going Transportation Contributions ACE Program Current Urban Infrastructure Improvements Contributions to Others; County Facilities/Operations Minor/On-Going Park Projects Crozet Library Storm Water Management Projects School Technology/Minor Maintenance/Replacement Projects Total $ 9.55 $ 2.42 $ 5.00 $ 10.63 $ 9.78 $ 10.34 $ 3.39 $ 2.05 $ 4.13 $ 4.48 !...1QdQ $ 72.16 ".' f.'flQj~t~: fl!rWe,ct w~th QeJJ.t: Major Court Projects Libraries New Major Parks & Recreation Facilities Public Safety Facilities Emergency Response Apparatus Ivy Landfill IT Server Upgrades County Facilities (in conjunction with School Division) Major School Improvements (VPSA or Lease Revenue?) Total $ 5.74 $ 22.98 $ 2.96 $ 10.26 $ 10.80 $ 2.69 $ 1.85 $ 1.24 ~ $147.55 5 6 7 8 9 10 11 12 13 14 15 16 17 18 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Co-location and Development of Public/Community Facilities AGENDA DATE: February 14, 2007 ACTION: X INFORMATION: SUBJ ECT/PROPOSALlREQU EST: Direction from the Joint Boards CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): Tucker, Moran, Foley, Davis, Behrens ATTACHMENTS: Yes REVIEWED BY: --- LEGAL REVIEW: Yes BACKGROUND: The School Board has expressed interest in exploring the concept of co-located and co-developed facilities when possible as a service model for the community. The School Board was made aware of one proposal where the development of a partnership between Albemarle High School and the Jefferson Institute of Lifelong Learning (JILL) might be possible. The proposal is included as Attachment A. This proposal suggests that an opportunity exists to research and potentially develop a site and facility model that shifts schools from being created and viewed as primarily PK-12 facilities to a prototype for a 24/7 community-school center concept. Other ideas include extended services for children or adults located on school sites. How well this may work on this specific project or others and the pros and cons of such use have not been evaluated by staff. STRATEGIC PLAN: Goal Three: Develop Policies and Infrastructure Improvements to Address the County's Growing needs DISCUSSION: As staff plans for the CIP needs of the future, direction regarding the degree to which there is interest in pursuing joint use opportunities would be useful. Pursuing this concept would mean that personnel would have to be identified to explore the pros and cons of this concept further and report back on issues that will need to be considered. In considering this concept further, a number of questions will need to be answered: . How will funding be identified for such joint endeavors? . Is there fiscal efficiency by co-locating facilities? . Would the proposed space use provide services to the school which would assist or enhance the learning or social-psychological development of school-age children? . Are there significant problems or hardships created by the proposed use of the school? BUDGET IMPACT: Sources of funding for such projects would have to be identified. RECOMMENDATIONS: Staff recommends that the Board of Supervisors and the School Board discuss whether or not there is an interest in exploring the concept of co-located and co-developed facilities and direct staff to identify the process for this to occur. ATTACHMENTS A - Intergenerational Partnership Concept Proposal 07.021 Attachment A Inten!enerational Partnership Concept Proposal November 29, 2006 Background: The Jefferson Area Board for the Aging hosted a meeting on November 21,2006 between Jefferson Institute for Lifelong Learning (JILL) representatives and Division staff to informally discuss the potential for a partnership between Albemarle High School and the Institute. The Institute has been in operation since 2001 and is recognized as a University-Related Foundation by the University of Virginia Board of Visitors. JILL is an all-volunteer organization, with the exception of two part-time staff members, that serves our community by bringing together people from various backgrounds and experiences who share a common interest in learning and intellectual stimulation. JILL brings together seniors and retirees from across the community to engage in coursework taught by specialists in their fields who work or have worked at the university level or are professionals from the community at large. Gordon Walker, Diantha McKeel, Jim McGrath, Leigh Middleditch, Pam Moran, and Diane Behrens were in attendance at the meeting. Matt Haas was unable to come but is informed about the concept proposal. Concept Description: The intergenerational concept option proposed to Division staff at this meeting would provide additional space to house the office and program space needs of JILL at Albemarle High School. This would create an opportunity during the school day for the JILL program courses to be taught on site at AHS and through this partnership to allow AHS to utilize potential resources available through JILL - volunteers, guest lecturers and instructors, and possible seats available to students in JILL courses. In conjunction with the potential development of a specialty center at AHS, the JILL proposal offers an opportunity for our Division to develop an innovative approach to partnering with a senior organization committed to lifelong learning. This concept proposal supports the Albemarle County Public Schools' Goals (including the volunteer outcome measure for Goal 1, Priority 1.2) as well as the Albemarle County Government's Goal to "provide high quality educational opportunities for citizens of all ages." Consideration Rationale: This concept proposal provides an opportunity to research and potentially develop a site and facility model that shifts schools from being created and viewed as primarily PK -12 facilities through a prototype for a 24/7 community-school center concept in this Division. The shifting age demographics for this community point to the need for resources that mutually serve the learning needs of an increasing elder population as well as the 4-18 year-old and adult education populations. JILL representatives identify the need for a dependable space for scheduled programs as critical to continuation and expansion of their offerings within the community. This partnership has the potential to mutually enhance and enrich the experiences of high school students and seniors within one learning community. Recommendation: Staffbe directed to work with JILL representatives and local government as appropriate to research factors and variables that would be used to determine the feasibility of this intergenerational concept being implemented as a component of the proposed AHS addition or in the future at AHS or another school. Such factors and variables may include but not be limited to square footage costs, available funding sources beyond the Division's CIP, operational costs, parking and handicapped accessibility needs, and other school- community priorities. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: CIP Calendar AGENDA DATE: February 14, 2007 ACTION: X INFORMATION: SU BJECT/PROPOSALlREQU EST: Clarify and Approve Revised CIP Calendar CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): Tucker, Moran, Foley, Behrens ATTACHMENTS: Yes LEGAL REVIEW: Yes REVIEWED BY: BACKGROUND: The County recently revised the process for review of the proposed CIP by creating a separate CIP Oversight Committee and Technical Review Team (attachments A & B). Previously, the responsibilities of these two teams were combined into what was referred to as a CIP Technical Review Committee. The charge of the previous committee included both technical and policy review. It was determined that separating the two charges would provide a more effective and complete review. This past fall was the first time the new process was utilized for the two year update of the CIP. However, because of confusion regarding the description of the process included on the CIP calendar, review of the School portion of the CIP did not occur as intended. STRATEGIC PLAN: Goal Three: Develop Policies and Infrastructure Improvements to Address the County's Growing needs DISCUSSION: The primary issue needing clarification was the timing of the submittal of the School Board's proposed CIP to the CIP Oversight Committee. As is outlined in the charge of the Committee, its role is to review all requests from County departments and agencies and make final recommendations on projects based on an evaluation of the projects themselves and a review of the available revenues to fund those projects. Because of this new charge and the confusion over timing, the School Board did not have the opportunity to review the proposed School CIP developed by the School's Long Range Planning Committee prior to its submittal for review by the CIP Oversight Committee. To ensure that the School Board has adequate time to finalize the school system's request prior to submittal to the CIP Oversight Committee and because of the school systems desire to review the September 30 enrollment data prior to completing its submittal, the CIP calendar for the coming year has been adjusted as much as possible to allow additional time for this review. While this adjustment has added an additional month for school review, additional changes to the internal school review process will likely be necessary to ensure that the recommended School Board request is received in time for the CIP Oversight Committee to fulfill its charge. The purpose of this agenda item is to review the CIP calendar and clarify the charge of the CIP Oversight Committee, if there are any questions. BUDGET IMPACT: There is no budget impact. RECOMMENDATIONS: Approval of the proposed CIP Calendar ATTACHMENTS Attachment A - CIP Oversight Committee Charter Attachment B - CIP Technical Review Committee Charter Attachment C - Proposed CIP Budqet Process Calendar Attachment A CIP Oversight Committee Charter Charge: The Capital Improvement Program (CIP) is the planning guide for County expenditures for major capital facilities and equipment and includes a 5-year approved CIP balanced to revenues and a ten-year Capital Assessment to identify long-term capital needs beyond the 5-year CIP. The CIP Oversight Committee will assist the County in the CIP process by reviewing and evaluating the recommended CIP brought forward by the CIP Technical Review Team. The Committee will assure that the proposed CIP projects are aligned with County policies, established priorities and long term vision, as defined in the County's Strategic Plan. The Committee will also assure that the recommended 5-year CIP is aligned with approved financial policies and that the County's financial stability is maintained through the prudent use of its revenues. The CIP Oversight Committee will report its recommendations directly to the County Executive. Member Responsibilities: . Review the recommended CIP presented by the CIP Technical Review Team; . Ensure that all CIP projects carry out the County's long-range goals and objectives; . Ensure that the recommended 5-year CIP addresses County needs through the proper timing and prioritization of local government and school division projects; . Ensure that County revenues are used wisely to address the County's capital needs and that the recommended CIP conforms to approved financial policies, including the use of on-going revenues and borrowed funds; . Propose revisions or adjustments to the 5-year CIP proposed by the CIP Technical Review Team, if needed; . Recommend a 5-year CIP with any documented revisions to the County Executive. Team Composition: Tom Foley, Assistant County Executive, will serve as the Team Leader to ensure that the Team's work is documented and effectively communicated. Lindsay Dorrier, Board of Supervisors David Wyant ,Board of Supervisors Barbara Massie-Mouly, School Board Jon Stokes, School Board Pete Craddock, Planning Commission Roxanne White, County Executive's Office Tom Foley, County Executive's Office Diane Behrens, Superintendent's Office Richard Wiggans, Finance Department Chris Lee, Community Representative Time Frame: The CIP Oversight Committee will meet during the months of October/November. June 15, 2006 Attachment B CIP Technical Review Team Charter Charge: The Capital Improvement Program (CIP) is the planning guide for County expenditures for major capital facilities and equipment and includes a 5-year approved CIP balanced to revenues and a ten-year Capital Assessment to identify long-term capital needs beyond the 5-year CIP. The CIP Technical Review Team will assist the County in the CIP process by assuring that the technical aspects and costs of each of the requested projects have been well researched and documented. The team will also review, evaluate and document the need for each project and make recommendations for priority funding based on the established CIP evaluation criteria. The CIP Technical Review Team will report their recommendations to the CIP Oversight Team. Member Responsibilities: . Review all CIP project requests for clarity, accuracy and appropriate timing; . Meet with project submitters to clarify requests and propose revisions, if needed; . Rank requested CIP projects based on established evaluation criteria; . Review available revenues and debt service requirements for project requests based on approved County financial policies; . Prioritize 5-year CIP projects based on their ranking and available revenues; . Develop a recommended CIP scenario (s) for the 5-year CIP and the ten-year Capital Needs Assessment; . Forward recommendation to the CIP Oversight Team for their review. Team Composition: The CIP Technical Review Team is recommended to be composed of the following members: Melvin Breeden AI Reaser Jackson Zimmermann Steve Allshouse George Shad man Brenda Neitz David Benish Melvin Breeden, OMB Director will serve as the Team Leader to ensure that the Team's work is documented and effectively communicated. Time Frame: The CIP Technical Team will meet as needed during the month of September/October. June 15, 2006 Attachment C PROPOSED Capital Improvement Program (CIP) Calendar Proposed Calendar Friday, June 15, 2007 Post OP Instructions and Forms to OP Team Services Site Monday, August 20, 2007 Department and Agency Project Justifications & Cost Data Due to Office Of Management & Budget (OMB) Tuesday, September 04, 2007 Send CIP Request Forms to General Services for Review Monday, September 24, 2007 General Services Sends Evaluations of CIP Project Requests to OMB Thursday, September 27,2007 All OP Forms and General Services' Evaluations Posted to Team Services Site Thursday, October 04, 2007 OP Project Requests and Engineering Evaluations Sent to the CIP Technical Review Team (TRT) Thursday, October 18, 2007 Meeting #1 - CIP TRT Meeting to review CIP Project Requests and 10 Year Assessments October 19 - 24, 2007 (Friday - Wednesday) Departments and Agencies Respond to TRT Questions and Comments Thursday, October 25,2007 Meeting #2 - CIP TRT Meeting to Review Project Analyses, Department/Agency Response Wednesday, October 31, 2007 School Division Project Cost Data Posted To Team Services and Approved School Board Document to OMB Monday, November 5, 2007 Meeting #3 - ClP TRT Meeting (Schools Projects and ClP Revenue Overview) Thursday, November 08, 2007 CIP Project Requests and Information sent to CIP Oversight Committee Thursday, November 15, 2007 Meeting #1 - CIP Oversight Committee Meeting Monday, November 19, 2007 Meeting #2 - ClP Oversight Committee Meeting Thursday, November 29, 2007 Meeting #3 - CIP Oversight Committee Meeting (School Projects) and CIP Revenues Overview Monday, December 03, 2007 County Executive Staff Preliminary Review of Recommended ClP Wednesday, December 5, 2007 Board of Supervisors Review of ClP Oversight Committee's Recommendation Monday, December 10, 2007 Final Recommended ClP Document Prepared Tuesday, December 18, 2007 Planning Commission Presentation for Comment Monday, January 07, 2008 County Executive Review/Approve Recommended CIP Revised: 09/27/2007 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Living Wage Report AGENDA DATE: February 14, 2007 ACTION: X INFORMATION: SU BJ ECT/PROPOSALlREQU EST: Information for Board consideration to implement a living wage CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACTCS): Tucker, White, Davis, Suyes, Zimmermann, Gerome LEGAL REVIEW: Yes REVIEWED BY: ~---------- , ATTACHMENTS: Yes BACKGROUND: As directed by the Board of Supervisors and the School Board, a team comprised of two members from each Board and staff members reviewed information and developed recommendations to implement a "living wage" for Albemarle County and School Division employees. The team provides information for Board consideration on the methodology for determining living wage and estimated costs based on full decompression. DISCUSSION: Methodology for determining living wage The living wage is an annual income (or the equivalent hourly wage) that enables a person working full-time to meet their family's basic needs. Adjusted for the costs in a given locality, these basic needs include the combined annual costs of housing, food, childcare, healthcare, transportation, taxes and other necessities. The team reviewed methods for calculating the living wage from the following: The Economic Policy Institute, Federal Living Wage Responsibility Act of 2003, Virginia Organizing Project, and the Self-Sufficiency Standard for Virginia Recommended methodology As the Economic Policy Institute and the Self Sufficiency Standard for Virginia use local data to calculate the "living wage", the team identified the following strategy to determine "living wage" for Albemarle County: Average the EPI and the Self Sufficiency Standard for Virginia to arrive at the County's living wage. · The Economic Policy Institute (EPI), a non-partisan think tank, bases its analysis on seven categories of need (taxes, other necessities, transportation, health care, food, housing, childcare) and estimates that a family income for two working adults and two children needs to be $44,592 for the Charlottesville Metropolitan region. When this annual income is divided by full-time work (2080 hours), the living hourly wage is $10.72. · The Self-Sufficiency Standard for Virginia developed as part of the State Organizing Project for Family Economic Self-Sufficiency estimates the level of income necessary for a working adult to meet their basic needs without subsidies of any kind. The standard takes into account that many costs differ not only by family size but also by the age of children and accounts for regional variations in cost. The standard includes seven basic categories of expenditures (basic shelter/utilities, transportation, food, health care, child care, taxes and miscellaneous expense of 10% of all other costs). The Self Sufficiency Standard for Virginia for a family of four (preschooler and school age) is an annual salary of $44,844 or hourly wage of $10.78. Hourly Living Wage: Average the EPI (currently $1 0.72) and the Self Sufficiency Standard for Virginia (currently $1 0.78) to arrive at the County's living wage of $10.75 per hour. However, neither the Self Sufficiency Standard for Virginia nor the Economic Policy Institute adjusts their identified living wage amounts annually. Historical data for the Virginia Self Sufficiency Standard indicates that the rate in 2002 was $9.24 and the next adjustment occurred in 2006 to $10.78. Therefore, the team recommends projecting an annual increase by using the Albemarle County scale adjustment projection. For FY 07/08, the recommended scale adjustment is 3%, so the living wage amount would adjust from $10.75 to $11.07. AGENDA TITLE: Living Wage Report February 14, 2007 Page 2 Administrative Considerations: Employees The team discussed implementation of a living wage for employee groups to include: 1. Full and Part Time Employees on the County classified pay scale 2. Substitutes and Temporary Employees Staff recommends implementation include both groups, however the team did not arrive at consensus on this issue. Compression issues The team recognized that raising the minimum hourly rate not only impacts those employees currently paid less than the new rate, but also creates salary compression problems. "Salary compression" is the situation where the pay rate for experienced employees is near or equal to the pay rate for newly hired employees in the same position. For example, an employee in a paygrade 1, hired seven years ago, who received "exceeds on expectations" on every performance evaluation has a current hourly salary of $9.87. Employees with fewer years of service and newly hired employees would be hired at $9.75. Salary compression creates an inequitable pay relationship, and is extremely detrimental to employee morale and retention. Various methods of addressing compression were modeled and evaluated. Several models of "partial" decompression were evaluated, but due to the subjectivity and potential morale issues in limiting decompression to only selected pay grades, the team recommends implementation with a full decompression model. The full decompression model recommended was created with a declining adjustment, so that the level of increase progressively goes down with each higher pay grade. Impact on self sustaining programs The team recognized the budgetary impact for Child Nutrition and EDEP. These costs are provided. BUDGET IMPACT: Estimated Costs (Attachment #1 ): Costs are provided based on the identified County living wage of $11.07, as well as $9.75 per hour (the placeholder for budgeting identified at the October Joint Board meeting based on living wage amounts for the City of Charlottesville and the University of Virginia.) RECOMMENDATIONS: The team provides information for Joint Board consideration in implementing a living wage for Albemarle County employees as follows: · A recommended methodology for determining living wage based on averaging the EPI (currently $1 0.72) and the Self Sufficiency Standard for Virginia (currently $10.78) and applying the scale adjustment to arrive at a living wage for County employees of $11.07 per hour. · Estimated costs include full and part time employees on the County classified pay scale and substitutes and temporary employees. · Estimated costs are based on a full decompression model Staff requests direction from the Board of Supervisors and the School Board in setting a minimum living wage for the FY08 budget, as well as approving the scope of the employees to be covered and the methodology for addressing compression. ATTACHMENTS Attachment A - Estimated Costs. Full Decompression Model 07.018 t- o o N >- ... ro :J 15 Q) LL ..... C'\I C'? 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I/) - - =1:1: 0 1i5 0 s:: Ql ::J I- Ql C U s:: 0 () (f) s:: E 0 .Q <I.l "'C "iij 0 .~ :!:::: s:: E ..r:::: Q) Q) III Qj CU :~ .!!2 () (f) :~ ..c - 0 (f) (f) > c..l l'\:I Cl 0 ..... -0 ..... Cl 0 Q) ~ E "0 ..r:::: Q) 0 ..r:::: "0 C) ~ () 4= 0 0 :.t:i 0 (f) <( LL 0 (ij .s I/) ..c::: ..c::: 0 () 0 0 0 W en en ...J I- Memorandum TO: FROM: Members, Board of Supervisors I Ella Washington Carey, CMC, Cle~~ rA.- February 8, 2007 DATE: SUBJECT: Reading List for February 14, 2007 June 7, 2006 pages 1-40 - Mr. Dorrier pages 41-end - Mr. Boyd June 14, 2006 Mr. Slutzky September 13, 2006 Mr. Wyant NOTE: PLEASE REMEMBER TO PULL YOUR MINUTES IF YOU HAVE NOT READ THEM. /ewe COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SOCA South Fork Expansion - Request to amend the Albemarle County Service Authority Jurisdictional Area AGENDA DATE: February 14, 2007 SU BJ ECT/PROPOSALlREQU EST: Request for public hearing to amend the Jurisdictional Area Boundary to provide sewer service to Tax Map 46, Parcel 22 and 22C located adjacent to the SOCA sports facility on Polo Grounds Road. (Attachment A.) ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACTCS): Messrs. Tucker, Foley, Davis, Cilimberg, Benish, Arnold ATTACHMENTS: Yes REVIEWED BY: ---- LEGAL REVIEW: Yes BACKGROUND: The applicant is requesting an amendment to a 'limited service' ACSA Jurisdictional Area designation on an approximately 10.00 acre parcel to provide public sewer service for a proposed expansion of the existing SOCA field facility (SP2006-08) on adjacent parcel 22C1. The expansion of the SOCA facility would include club offices, rest rooms, concession facilities, locker rooms (5,400 sq. ft.) and an indoor soccer arena (33,920 sq. ft.) to be used by SOCA for club purposes only. Under the current limited service designation, only the existing soccer facilities and the recently approved office facility (trailer) can be served with sewer service. The parcels impacted (TM 45, parcels 22 and 22C) are located on Polo Grounds Road and are primarily a mix of deciduous forest and open grassland. Parcel22C is bounded by the Rivanna River to the south, the existing SOCA facility and floodplain to the west, single family residences on large wooded tracts to the north and the railroad tracks near the edge of a residential subdivision to the east. Parcel 22 is recessed into the northwest corner of parcel 22C and includes a small residence. (Attachment A) The expanded SOCA facility is proposed to be located on a 10 acre portion of a reconfiguration of the northernmost areas of parcels 22 and 22C. (Attachment A inset) Parcels 22 and 22C are located within Comprehensive Plan Rural Area 2 in the Rivanna Magisterial District. The properties adjacent to the northeast and southwest of these parcels are located in the Development Areas and are designated for both water and sewer service. The property to the east and northwest is not within the Jurisdictional Area for water or sewer service. (Attachment B) STRATEGIC PLAN: Objective 2.2: Increase the quality, supply, and protection of the County's water resources. DISCUSSION: The Utilities section of the Comprehensive Plan 'Defining Public Water and Sewer Service Areas' (page 129) includes the following basis for recommendations about proposed changes in the Jurisdictional Area outside of the Development Areas: "Only allow changes in jurisdictional areas outside of designated Development Areas in cases where the property is: (1) adjacent to existing lines; and (2) public health and/or safety is in danger. " The Public Water and Sewer section of the Land Use Plan states that the County should: "Discourage the utilization of central water and/or sewer systems or the extension of public water and sewer into the Rural Area except in the cases where public health and safety are at issue. Rural Area development will be served by individual water and septic systems only (central water facilities are considered wells, springs or other systems capable of serving three or more connections. Central sewer facilities are considered systems consisting AGENDA TITLE: SOCA South Fork Expansion - Request to amend the Albemarle County Service Authority Jurisdictional Area AGENDA DATE: February 14, 2007 Page 2 of 2 of drain fields or septic tanks capable of serving three or more connections)." The applicant has requested sewer service for these parcels due to soils comprised largely of fill, creating conditions not suitable for septic systems. The soils cannot support a septic system adequate to serve the facilities proposed in SP2006-08. Sewer service was previously approved for bathrooms facilities serving the existing soccer fields and, more recently, a 1,000 square foot temporary office trailer for SOCA on adjacent parcel 22C 1 only as approved under SP2006-14. The existing SOCA trailer is adjacent to existing sewer lines and the floodplain of the Rivanna River. The topographic conditions on the site and the proposed location of the trailer related to the floodplain necessitate locating any septic fields up hill from the trailer, away from the floodplain. Gravity disposal of effluent is preferred over pumping up hill; the inclusion of a pump as part of the disposal system increases the possibility of mechanical failure. Allowing for public sewer on parcel 22C1 eliminated the possibility of a public health threat from effluent contamination resulting from a failed septic system pump. Staff notes a past action taken to provide water and sewer service for a church on a portion of this parcel, then Tax Map 46, parcel 22 (now 22, 22C, and 22C1). In 1992 The Board of Supervisors approved a Special Use Permit (SP1990-35) for the Covenant Church of God to construct a church building on parcel 22 with an 800 seat sanctuary. The proposed church was larger by 300 seats than any other proposed or existing church in the Rural Areas at that time. The same issue of consistency with the County's policy for extending water and service was present with the church proposal and identified by staff. The Board of Supervisors approved (2/12/92) an amendment to the ACSA jurisdictional area boundary to include the church site (Parcel 22) for water and sewer service, limiting service to only the church building as approved under SP1990-35 for the Covenant Church of God. The proposed church site was comprised of 10.3 acres and located partially in the same area as the proposed SOCA expansion (Attachment B). This previous jurisdictional area amendment to provide service to the church site is no longer in effect, having been modified by the subsequent ACSA amendment providing limited sewer service only to the approved SOCA field facility. BUDGET IMPACT: The cost for extending service to this site will be the responsibility of the applicant. RECOMMENDATIONS: The request for sewer service to the proposed SOCA facility expansion on parcels 22 and 22C is not due to an existing health or safety threat. Therefore, staff finds that the requested use is not in conformity with the Utilities section of the Comprehensive Plan provisions for sewer service outside of the designated Development Area. No verification of endangerment to public health and safety has been provided. Based on this information, staff does not recommend approval of this request and does not see a necessity for this to proceed to public hearing. Should the Board approve the proposed expansion of the existing SOCA facility (SP2006-08), staff recommends that the Board set a public hearing to consider amending the jurisdictional area designation for Tax Map 46, Parcels 22 and 22C to provide limited sewer service to the SOCA soccer complex as approved under SP2006-08. This alternative recommendation is based on the existing soil conditions which cannot support a septic/drain field system adequate to serve the proposed use. ATTACHMENTS A. SOCA amendment, aerial context B. SOCA amendment. proposed parcel reconfiquration. location of sewer lines C. SOCA ACSA JA . RAlDA context; inset: oroposed location for Covenant Church of God (SP1990<-&) 07.015 ~ :5 -.: '5 iE ... '" ~ -.: ~.. . ... .. .. ~ ...... '.. 26Cl / .... .. f' .. / ....... ...... .. .,# ..... .... . } ....... / .... / j.... /' .. /' ... . .. . _-f"" . . .' : ..... :... .. / 22C J I r (' .. Note: This map is for display purposes only and shQWs parcels as of 12/31/2004. See Map Book Introduction for additional details. Aerial Imagery 2002 Copyright Commonwealth of Virginia , . ~II c1.,.'~~: -,A... ~ ,,\' \~", ~. ~ ." ' ....""= ~~ .,." .. ..-....~~ [Ii,.,:, ,~ ~~='~ ,~ Legend ~ developmenCareas D No Service _ Vllater Only _ Vllater and Sewer D Vllater Only To Existing Structures 11III Limited Service o o 0.03750.075 0.15 0.225 Miles 0.3 ...... sewerlines D 100 year floodplain Tax Map 46, Parcel 22/22C Attachment B. ACSA JA Boundary Adjustment/or SOCA Major Amendment i aI !f1 ~ 8 J! .. s ~ 't;; e ... s 2 = < o c: i i .. E ~ <3 ~ '" ....~. ....~~... ., Ii. ' ,~ 14, ~ ~. (i)' G .c- .. O. .D ;&; CiS) "i z I ~ .... ~ :: ~ \J ~ ~ RESOLUTION ACCEPTING OFFER TO SEll A CONSERVATION EASEMENT UNDER THE ACE PROGRAM WHEREAS, the County has received an offer to sell a conservation easement under the ACE Program from the owner of the following properties: Rock Mills land Trust TM 74, Parcel 19 TM 74. Parcel 20 Total (136.540 acres) ( 9.000 acres) (145.540 acres) WHEREAS, the owner offered to sell a conservation easement on the respective properties to the County for a fixed purchase price, subject to terms and conditions set forth in the proposed deed of easement enclosed with the County's invitation to offer to sell, subject to any further revisions deemed necessary by the County Attorney and agreed to by the owner. NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors hereby accepts the offer to sell a conservation easement for each of the properties described above, and authorizes the County Executive to execute all documents necessary for completing the acquisitions. BE IT FURTHER RESOLVED that the Board of Supervisors hereby directs the County Attorney to send copies of this resolution to the owner(s) of the properties identified herein, or their contact persons. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by a vote of six to zero, as recorded below, at a meeting held on February 14, 2007. Mr. Boyd Mr. Dorrier Mr. Rooker Mr. Slutzky Ms. Thomas Mr. Wyant Ave Nav y y y y y y COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Acceptance of FY 2004-05 and FY 2005-06 Landowners' Offers to Sell Conservation Easements AGENDA DATE: February 14, 2007 ACTION: INFORMATION: SUBJECT/PROPOSAL/REQUEST: Adopt Resolution Accepting FY 2004-05 and FY 2005-06 Landowners' Offers to Sell Conservation Easements CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes STAFF CONTACTCS): Messrs.: Tucker, Foley, Davis, Kamptner, Cilimberg, Benish, Goodall REVIEWED BY: ~----- f LEGAL REVIEW: Yes BACKGROUND: ACE regulations require each landowner who desires to sell a conservation easement to submit a written offer to the County to sell the easement for a fixed price, determined by an appraisal and subject to an adjustment based on adjusted gross income. The easement is also subject to the terms and conditions contained in a proposed deed of easement negotiated by the parties. The regulations also require that, if the Board accepts the offer, it must do so in writing and only after an action by the Board authorizing acceptance. The Board is not required to accept an offer to sell a conservation easement. Either the Albemarle County Public Recreational Facilities Authority (PRFA) or the Virginia Outdoors Foundation (VOF) may be co-holders of the easements. Acceptance of FY 2004-05 landowners' offers to sell a conservation easement - On July 5, 2006, the Board of Supervisors approved the appraisals of six FY 2004-05 applications and approved extending invitations to acquire easements on all of those properties. By January 2007, the Board of Supervisors had formally accepted offers from five of the six properties (Vieille, Boyle, Donnelly Metcalf/South and Davey). Rock Mills Land Trust was the only applicant who had not submitted an offer to sell an easement to the County. Since the January meeting the remaining applicant, Rock Mills Land Trust, has submitted an offer to the County. Acceptance of FY 2005-06 landowners' offers to sell a conservation easement - On November 1, 2006, the Board of Supervisors approved the appraisals of five FY 2005-06 applications and approved extending invitations to acquire easements on those properties. On January 10,2007, the Board of Supervisors formally accepted offers submitted by three applicants from this five- applicant class (Motley, Fields and Huckleberry Hills Farm). The remaining two applicants (Hook and Chester) had not yet submitted their offers to sell easements to the County. Since the January meeting the remaining two applicants, Hook and Chester, have submitted offers to the County. STRATEGIC PLAN: Goal 2. Protect the County's Natural Resources. Goal 4. Effectively Manage the County's Growth and Development. DISCUSSION: Acceotance of FY 2004-05 landowners' offers to sell a conservation easement - From the Round 5 (FY 2004-05) applicant pool, the County recently received an offer to sell a conservation easement from Rock Mills Land Trust. This easement will be co-held by the County and the PRFA. Owner Rock Mills Land Trust Tax Mao-Parcel Number TM 74, Parcel 19 (136.540 acres) TM 74. Parcel 20 ( 9.000 acres) Total (145.540 acres) Price $322,400 Co-holder PRFA DR's Eliminated 14 AGENDA TITLE: Acceptance of FY 2004-05 and FY 2005-06 Landowners' Offers to Sell Conservation Easements AGENDA DATE: February 14, 2007 Page 2 of 3 This easement will provide the following conservation values: 1) elimination of 14 development rights; 2) protection of a property in the watershed of the South Fork of the Rivanna River reservoir; 3) approximately 5,000 feet of stream frontage protected by riparian forest buffers; and 4) 145.540 acres of permanently protected land. Acceptance of FY 2005-06 landowners' offers to sell a conservation easement - From the Round 6 (FY 2005-06) applicant pool, the County recently received offers to sell conservation easements from Hook and Chester. Owner Hook Tax Map-Parcel Number TM 84, Parcel11B "A" (114.000 acres) TM 84. Parcel 11 B "B" ( 7.000 acres) Total (121.000 acres) Price Co-holder $0 (donated) PRFA DR's Eliminated 10 Chester TM 65, Parcel 11 TM 65, Parcel 11 B TM 84, Parcel 11 C Total (22.011 acres) ( 2.450 acres) (52.000 acres) (76.461 acres) $309,760 PRFA 11 The Hook and Chester easements will provide the following conservation values: 1) elimination of 21 development rights; 2) protection of a property in the watershed of the South Fork of the Rivanna River reservoir; 3) approximately 5,000 feet of stream frontage protected by riparian forest buffers; 4) nearly 2,000 feet of common boundary with other properties currently protected by easement; and 5) 197.461 acres of permanently protected land. A summary of all the conservation values protected by the ACE Program after six rounds of applications is found in Attachment "D". This attachment also shows the conservation values for each of the six classes. BUDGET IMPACT: For the first four years of the ACE program, in which the County acquired easements on sixteen properties and protected 3,759 acres, the County's net cost was approximately $3,125,737 out of the County's budgeted funds of $3,872,500. Although a portion of unspent funds can be attributed to applicant attrition (approved applicants withdrawing or not making offers to sell), $357,933 was also leveraged from outside contributions and additional savings were realized from adjustments of easement value from the income grid (see Attachment "C"). If the County acquires easements on all eleven applicants from FY 2004-05 and FY 2005-06 as currently valued, the County will have acquired easements on twenty-seven properties and protected 5,497 acres at a cost of up to $6,012,099. The County's budgeted funds of $5,872,500 for that period combined with additional funding from outside contributions ($489,433) will cover the cost. For a cash flow analysis of the FY 2004-05 and FY 2005-06 applicant pools, see attachment "E". This analysis projects cash flows and net acquisition costs (after annual ACE appropriations and easement acquisition costs) for each applicant class. Also provided is information on total available funds as of FY06-07, and the amount of those funds obligated for remaining easement purchases through to the current round of the program (Round 7, FY06-07). Funding for the purchase of conservation easements from both applicant classes comes from the CIP-Planning-Conservation budget (line-item 9010-81010-580409) and the CIP-Tourism-Conservation budget (line-item #9010-72030-580416), a budget previously approved by the Board to fund ACE properties with "tourism value". RECOMMENDATIONS: The following recommendations are provided for action by the Albemarle County Board of Supervisors: 1) Adopt the attached Resolution (Attachment A) accepting FY 2004-05 applicant's offer (from Rock Mills Land Trust) to sell a conservation easement to the County, for the price specified and subject to the terms and conditions contained in the proposed deed of easement, and authorize the County Executive to sign the final deed of easement for each property. 2) Adopt the attached Resolution (Attachment B) accepting FY 2005-06 applicants' offers (from Hook and Chester) to donate and sell a conservation easement to the County, respectively, for the price (Chester) specified and subject to the terms and conditions contained in the proposed deeds of easement, and authorize the County Executive to sign the final deed of easement for each property. AGENDA TITLE: Acceptance of FY 2004-05 and FY 2005-06 Landowners' Offers to Sell Conservation Easements AGENDA DATE: February 14, 2007 Page 3 of 3 ATTACHMENTS A - ACE Resolution Acceptin!:1 Offers to Sell FY 2004-05 Easements to the County B - ACE Resolution Acceptin!:1 Offers to Sell FY 2005-06 Easements to the County C - Net Acquisition Cost of ACE Easements D - Conservation Values of ACE Easements from the First Six Rounds (FY 2000-2006) E - Cash Flow Analysis for FY 2004-05 & FY 2005-06 ACE Applicant Pools 07.014 Attachment A RESOLUTION ACCEPTING OFFER TO SELL A CONSERVATION EASEMENT UNDER THE ACE PROGRAM WHEREAS, the County has received an offer to sell a conservation easement under the ACE Program from the owner of the following properties: Rock Mills Land Trust TM 74, Parcel 19 TM 74, Parcel 20 Total (136.540 acres) ( 9.000 acres) (145.540 acres) WHEREAS, the owner offered to sell a conservation easement on the respective properties to the County for a fixed purchase price, subject to terms and conditions set forth in the proposed deed of easement enclosed with the County's invitation to offer to sell, subject to any further revisions deemed necessary by the County Attorney and agreed to by the owner. NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors hereby accepts the offer to sell a conservation easement for each of the properties described above, and authorizes the County Executive to execute all documents necessary for completing the acquisitions. BE IT FURTHER RESOLVED that the Board of Supervisors hereby directs the County Attorney to send copies of this resolution to the owner(s) of the properties identified herein, or their contact persons. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by vote of _ to _, as recorded below, at a meeting held on Clerk, Board of County Supervisors Aye Nav Mr. Boyd Mr. Dorrier Mr. Rooker Mr. Slutzky Ms. Thomas Mr. Wyant Attachment B RESOLUTION ACCEPTING OFFER TO SELL A CONSERVATION EASEMENT UNDER THE ACE PROGRAM WHEREAS, the County has received an offer to sell a conservation easement under the ACE Program from the owner(s) of the following properties: Hook TM 84, Parcel lIB "A" (114.000 acres) TM 84, Parcel lIB "B" ( 7.000 acres) Total (121. 000 acres) Chester TM 65, Parcel 11 TM 65, ParcelllB TM 65, ParcelllC Total ( 22.011 acres) ( 2.450 acres) ( 52.000 acres) ( 76.461 acres) WHEREAS, the owner(s) offered to sell a conservation easement on the respective properties to the County for a fixed purchase price, subject to terms and conditions set forth in the proposed deed of easement enclosed with the County's invitation to offer to sell, subject to any further revisions deemed necessary by the County Attorney and agreed to by the owner; and WHEREAS, the owner of the Hook property has advised the County that she desires to donate the conservation easement. NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors hereby accepts the offer to donate (Hook) and to sell (Chester) a conservation easement for each of the properties described above, and authorizes the County Executive to execute all documents necessary for completing the acquisitions. BE IT FURTHER RESOLVED that the Board of Supervisors hereby directs the County Attorney to send copies of this resolution to the owner(s) of the properties identified herein, or their contact persons. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by vote of _ to _, as recorded below, at a meeting held on Clerk, Board of County Supervisors Aye Nav Mr. Boyd Mr. Dorrier Mr. Rooker Mr. Slutzky Ms. Thomas Mr. Wyant Attachment C Net ACQuisition Costs for ACE Easements from First Three Rounds Applicant Pool Budget Easement Value ACE Payment Closing Costs Net Costs FY 2000-01 $ 1,000,000 $ 1,430,000 $ 1,136,200 $ 14,975 $ 1,151,175 FY 2001-02 1,000,000 730,000 693,700 20,170 713,870 FY 2002-03 1,000,000 717,000 695,700 15,798 711,498 FY 2003-04 872,500 611,000 526,000 23,194 549,194 FY 2004-05 1,000,000 2,354,000 1,866,620 27,272 1,893,892 FY 2005-06 1.000.000 1.352.000 973.760 18.710 992.470 Totals $ 5,872,500 $ 7,194,000 $ 5,891,980 $ 120,119 $ 6,012,099 Notes: Italics means an estimated value. Since we have not closed on any properties from either the FY 2004-05 or FY 2005-06 class, we cannot predict how many applicants will actually sell an easement to the County. In FY 2000-01, the Virginia Outdoors Foundation put $250,000 towards the purchase ofthe Powell easement. The balance of savings ($43,800) was the result of paying an "adjusted" value instead of the full "appraised" value (because the landowners income exceeded the $50,000 minimum). A total of 1,045.497 acres were placed under easement for this round. In FY 2001-02, all savings ($36,300) were the result of paying an "adjusted" value instead of the full "appraised" value (because the landowners income exceeded the $50,000 minimum). A total of 1,156.750 acres were placed under easement for this round. In FY 2002-03, the Piedmont Environmental Council donated $22,500 toward the purchase of easements in the Southwest Mountains while the balance of savings ($21,300) was the result of paying an "adjusted" value instead of the full "appraised" value (because the landowners income exceeded the $50,000 minimum). A total of910.700 acres were placed under easement for this round. In FY 2003-04, the Virginia Land Conservation Fund provided a grant of $85,433 towards the purchase of the Page easement. Since the only two applicants from the class received 100% of easement value, there was no additional leveraging based on income. A total of 664.340 acres were placed under easement for this round. In FY 2004-05, all savings are the result of paying an "adjusted" value instead of the full "appraised" value (because the landowners income exceeded the $55,000 minimum). A total of 1110.29 acres will be placed under easement if all landowners from this applicant class agree to sell an easement to the County. In FY 2005-06, all savings are the result of paying an "adjusted" value instead of the full "appraised" value (because the landowners income exceeded the $55,000 minimum). A total of 582.521 acres will be placed under easement if all landowners from this applicant class agree to sell an easement to the County. Attachment D Conservation Values from Six Rounds of ACE Applications (FY 2000-2006) First year applicant pool (FY 2000-01 ): . 11 initial applicants . acquired easements on 4 properties . 2/4 properties have "tourism" value . protected 1,045 acres . eliminated 102 development lots . protected 502 acres of "prime" farm and forestland . 2/4 properties in the Southwest Mountains Rural Historic District . 1/4 properties adjoin land protected by easement . protected 4,050 feet along a scenic highway/entrance corridor . 1/4 lie in the watershed of a drinking supply reservoir . 4/4 are working family farms Second year applicant pool (FY 2001-02): . 8 initial applicants . acquired easements on 5 properties . 2/5 properties have "tourism" value . protected 1,157 acres . eliminated 39 development lots . protected 284 acres of "prime" farm and forestland . 2/4 properties in the Southwest Mountains Rural Historic District . 1/4 properties adjoin land protected by easement . protected 93 acres of mountaintop . protected 1,118 feet along a scenic highway/entrance corridor . 3/5 lie in the watershed of a drinking supply reservoir . 2/5 are working family farms Third year applicant pool (FY 2002-03): . 8 applicants . acquired easements on 5 properties . 4/5 properties have "tourism" value . protected 910 acres . eliminated 65 development lots . protected 86 acres of "prime" farm and forestland . 3/5 properties in the Southwest Mountains Rural Historic District · 4/5 properties adjoin land protected by easement · protected 133 acres of mountaintop · 1/5 lie in the watershed of a drinking supply reservoir . 4/5 are working family farms Fourth year applicant pool (FY 2003-04): . 8 initial applicants . acquired easements on 2 properties . 2/2 properties have "tourism" value . protected 647 acres . eliminated 38 development lots . protected 443 acres of "prime" farm and forestland . protected 60 acres of mountaintop . 15,300 feet of streamside protected by riparian forest buffers . 2/2 are working family farms Fifth year applicant pool (FY 2004-05): . 10 initial applicants . hope to acquire easements on 6 properties . 3/6 properties have "tourism" value . protect 1,110 acres . eliminate 66 development lots . protect 763 acres of "prime" farm and forestland . protect 10,294 along a scenic highway/entrance corridor . 29,065 feet of streamside protected by riparian forest buffers . 2/6 properties adjoin land protected by easement . 2/6 lie in the watershed of a drinking supply reservoir . 3/6 are working family farms Sixth year applicant pool (FY 2005-06): . 8 applicants . hope to acquire easements on 5 properties . 3/5 properties have "tourism" value . protect 609 acres . eliminate 44 development lots . protect 349 acres of "prime" farm and forestland . protect 1,134 feet along a scenic highway/entrance corridor . protected 133 acres of mountaintop . 5,800 feet of streamside protected by riparian forest buffers . 2/5 properties in the Southwest Mountains Rural Historic District . 4/5 properties adjoin land protected by easement . 2/5 lie in the watershed of a drinking supply reservoir . 3/5 are working family farms Summary of Six Rounds of ACE Applicants (FY 2000-06): . 53 applicants . hope to acquire easements on 27 properties (16/27 are already acquired) . 16/27 properties have "tourism" value . protect 5,478 acres . eliminate 354 development lots . protect 2,429 acres of "prime" farm and forestland . protect 16,596 feet along a scenic highway/entrance corridor . protect 286 acres of mountaintop . 50,165 feet of streamside protected by riparian forest buffers . 8/27 properties in the Southwest Mountains Rural Historic District . 13/27 properties adjoin land protected by easement . 9/27 lie in the watershed of a drinking supply reservoir . 18/27 are working family farms Attachment E Cash Flow Analysis for FY 2004-05 & FY 2005-06 ACE Applicant Pools ACE Bud2et for FY 2004-05 Applicant Pool Net 2004-05 ACE appropriation Net carryover from all 2003-04 ACE funds Net funds available for acquiring easements $ 1,000,000.00 882,867.20 $ 1,882,867.20 Cost of ACQuirin2 Top 6 ACE Easements from FY 2004-05 Easement purchase price before income adjustment $ 2,354,000.00 Easement purchase price after income adjustment $ 1,866,620.00 Funds available for acquiring 2004-05 easements Minus purchase price of top 6 ACE easements Minus closing costs, appraisal fees for top 6 easements Net balance after acquiring 2004-05 easements ACE Bud2et for FY 2005-06 Applicant Pool Net 2005-06 ACE appropriation Net carryover from 2004-05 all ACE Funds Net funds available for acquiring easements $ 1,882,867.20 1,866,620.00 24,1 77.21 ($ 7,930.01) $ 1,000,000.00 ( 7,930.01) $ 992,070.99 Cost of ACQuirin2 Top 5 ACE Easements from FY 2005-06 Easement purchase price before income adjustment $ 1,328,500.00 Easement purchase price after income adjustment $ 948,310.00 Funds available for acquiring 2005-06 easements Minus purchase price of top 5 ACE easements Minus closing costs, appraisal fees for top 5 easements Net balance after acquiring 2005-06 easements $ 992,070.99 948,310.00 15,296.00 $ 28,464.99 Note: The main purpose of information provided above is to show the approximate net costs for easement acquisition for two specific applicant pools (FY 2004-05 and FY 2005-06). The above cash flow estimates reflect the major costs for acquiring easements including easement purchase price, closing costs, recording fees and appraisal costs for a given fiscal year applicant class, it does not reflect the current status of the budget. The current status of the budget is provided below. Current Status of ACE Bud2et and Obli2ations (as of 12/06) Total approp. FY06-07 (incl. Tourism Funds) Total obligated costs for Round 5* (FY 04-05) Total obligated costs for Round 6* (FY04-05) Other costs for rounds 5 and 6,estimated (closing costs, title ins. etc.) Net funding available after FY04-05 & FY05-06 obligations Funds available for FY06-07 easements purchases, other costs (program marketing, appraisals, title ins., closing/fees, etc.) $ 4,252,032.00 $ 1,854,937.00 $ 948,310.00 $ 11,000.00 $ 1,437,785.00 $ 1,437,785.00 *obligated cost for the purchase of easements, 6 applicants in FY04-05 and 5 applicants in FY05-06 Kenneth C. Boyd Rivanna COUNTY OF ALBEMARlE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22902-4596 (434) 296-5843 FAX (434) 296-5800 February 28,2007 Undsay G. Dorrier, Jr. ScotisvilIe Dennis S. Rooker Jack Jouett Mr. Harrison Rue Executive Director T J PI~nning District Commission PO Box 1505 Charlottesville, VA 22902 Dear Harrison: At its meeting on February 14, 2007 the Board of Supervisors, adopted the attached Resolution Authorizing Funding for the Regional Transit Authority Plan. lewc Attachment cc: Bob Tucker * Printed on recycled paper David L. Slutzky Rio Sally H. Thomas Samuel Miller David C. Wyant White Hall Resolution Authorizing Funding for the Regional Transit Authority Plan WHEREAS, The Charlottesville-Albemarle Metropolitan Planning Organization (MPO) Policy Board has authorized Harrison Rue, Executive Director of the Thomas Jefferson Planning District Commission (T JPDC) as fiscal agent for the MPO, to execute and file an application to the Department of Rail and Public Transportation, Commonwealth of Virginia, hereafter referred to as "Department," for a grant of financial assistance in the amount of $100,000 to defray the costs for the development of the Regional Transit Authority Plan (RT AP) and to accept from the Department grants in such amounts as may be awarded, and to authorize MPO Staff to furnish to the Department such documents and other information as may be required for processing the grant request; and WHEREAS, a grant of financial assistance from the Department requires a local match of 10% and the 10% local match for this grant of financial assistance is $10,000; and WHEREAS, the costs of the local match of $10,000 will be distributed equally between the City of Charlottesville and County of Albemarle, with each contributing $5,000; and WHEREAS, The Charlottesville-Albemarle Metropolitan Planning Organization (MPO) Policy Board has approved the Regional Transit Authority Plan (RTAP) Scope of Work budget estimate with $100,000 funded by the Department and $100,000 funded by combined equal contribution from the County of Albemarle and City of Charlottesville; and WHEREAS, The Charlottesville-Albemarle MPO Policy Board has recommended that the County of Albemarle and City of Charlottesville contribute $50,000 each to the RTAP which includes $5,000 from each jurisdiction to fund the 10% local match required by the Department. NOW, THEREFORE BE IT RESOLVED that the County of Albemarle will provide funds in the amount of $50,000, to contribute to the Regional Transit Authority Plan, of which $5,000 will be used to match the state funds in the ratio as required and $45,000 will fund its share of the remaining costs of the approved Scope of Work approved by unanimous vote of the MPO Policy Board. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by a vote of six to zero, as recorded below, at a meeting held on February 14. 2007. W(!ti-1J-- C erk, Board of County Sup Mr. Boyd Mr. Dorrier Mr. Rooker Mr. Slutzky Ms. Thomas Mr. Wyant Aye Nay y y y y y y COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Resolution Authorizing Funding for the Regional Transit Authority Plan AGENDA DATE: February 14, 2007 ACTION: INFORMATION: SUBJ ECT IPROPOSALlREQU EST: Approval of Resolution Authorizing Funding for the Regional Transit Authority Plan CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes STAFF CONTACTCS): Messrs. Tucker, Foley, Davis, Bowman REVIEWED BY: ~ , LEGAL REVIEW: Yes BACKGROUND: In recent months, the Albemarle County Board of Supervisors, Charlottesville City Council and Charlottesville-Albemarle Metropolitan Planning Organization (MPO) have held discussions regarding improvements to public transportation services, including the creation of a Regional Transit Authority. The MPO Policy Board has approved a scope of work to create a Regional Transit Authority Plan (RT AP), which will outline how to implement the regional transit vision adopted by the MPO, City, and County. An overview of both the scope of work and funding is available in Attachment A. The full scope of work is available in Attachment B. The Board's approval of the resolution authorizing funding (Attachment C) is requested. STRATEGIC PLAN: Objective: By June 30, 2010, expand regional transit opportunities, while accelerating the completion of the Meadowcreek Parkway, 2 local, and 2 regional transportation projects. BUDGET IMPACT: This request will have a one-time cost of $50,000 for the County. The $50,000 expenditure consists of a $5,000 local match for a grant and an additional $45,000 to complete the identified scope of work. The total local match for the grant and costs not covered by the grant are shared equally with the City. Further funding details are available in Attachment A (see "RTAP Funding"). RECOMMENDATIONS: Staff recommends the Board approve the Resolution Authorizing Funding for the Regional Transit Authority Plan (Attachment C). If approved, staff will prepare an appropriation to come forward to the Board as a budget amendment. ATTACHMENTS Attachment A - Overview of Reqional Transit Authority Plan Scope of Work and Fundinq Attachment B - Scope of Work for Charlottesville-Albemarle Reaional Transit Authoritv Plan Attachment C - Resolution Authorizinq Fundinq for the Reqional Transit Authority Plan 07.016 ... tj pdc.org Charlottesville-Albemarle Metropolitan Planning Organization of the Thomas Jefferson Planning District Commission POB 1505,401 E. Water St, Charlottesville, VA 22902 www.~pdc.org (434) 979-7310 phone. (434) 979-1597 fax .info@~pdc.org email Memorandum TO: FROM: DATE: RE: Albemarle County Board of Supervisors, Charlottesville City Council Harrison Rue January 26, 2007 Regional Transit Authority Plan Scope of Work and Funding Regional Transit Authoritv Plan (RTAP) Scope of Work The Charlottesville-Albemarle Metropolitan Planning Organization (MPO) Policy Board has approved the attached Scope of Work to create a Regional Transit Authority Plan (RTAP). The RTAP will outline how to implement the regional transit vision adopted by the MPO, City, and County - frequent, dependable, and seamless service that provides direct links to the area's major destinations: Downtown, UV NMedical Center, Pantops, and the Rt. 29 Corridor. The RTAP will be a ready-to-implement action plan to expand and enhance regional transit service, create a governing structure, and identify funding mechanisms. The RTAP includes 3 main work streams to review regional transit issues and options for the Charlottesville-Albemarle area: management and governance, service and operations, cost estimation (operating and capital) and funding. In the course of developing the RT AP, which will include a transition plan, these work streams will produce the following deliverables: 1. Recommended RTA management and governance framework 2. Recommended regional transit service and operations framework 3. Recommended regional transit funding and cost estimation formulas If the Consultant concludes that forming an RTA is not desirable, then the RTAP and transition plan will outline other initiatives that the City and County can pursue (such as contracting, enhanced service coordination, and marketing) that will improve the effectiveness of the public transportation system. Consultant work will be monitored and evaluated by the project team. The project team includes staff from the MPO, Albemarle, Charlottesville, JAUNT, CTS, UTS, RideShare, Department of Rail and Public Transportation (DRPT), and other stakeholders. The project team will work closely with policymakers throughout the study process. RTAP Fundin2 The RTAP will require approximately nine to twelve months to complete and has an estimated budget of $190,000. With authorization from the MPO Policy Board, MPO Staff have applied for a DRPT grant for $100,000. Of this total, federal and state funding contribute $90,000 to the RTAP, and a $10,000 (10%) local match is required. Successful applications will be awarded in July 2007. The MPO Policy Board has recommended that the $10,000 local match and remaining $90,000 not covered by the DRPT grant be covered equally by the City of Charlottesville and County of Albemarle. This amounts to a total $50,000 contribution from both the City of Charlottesville and County of Albemarle. The non-DRPT grant contribution will be used to begin the RTAP work prior to July 2007. This will include a process to advertise a Request for Qualifications for the RTAP (approximately one month) and consultant selection process (approximately three weeks). DRAFT RTA Scope of Work Draft as of 1/22/07 Draft Scope of Work Charlottesville-Albemarle Regional Transit Authority Plan The Charlottesville-Albemarle Metropolitan Planning Organization (MPa), City of Charlottesville (City), and the County of Albemarle (County) intend to develop an expanded and enhanced regional transit service, a governing structure, and a set of mechanisms to fund this service. Both the City and the County are eager to determine how best to grow the existing municipal transit system, Charlottesville Transit Service (CTS), to become a regional transit system. JAUNT is also a public transportation provider that serves the broader region. Within the Charlottesville-Albemarle area, JAUNT's role is to provide Americans with Disabilities Act (ADA) complementary paratransit service, along with regional services that originate outside the urban area but often include service to and from the urban area. Policy makers have agreed that they are interested in regional transit alternatives that complement and take advantage of existing JAUNT services, not in replacing JAUNT. Establishing a Regional Transit Authority (RTA) will include three main work streams to review issues and options and select the strategies that are best suited to the needs of the Charlottesville- Albemarle area. Elements of the work streams may be conducted concurrently, and are detailed on the attached task list. These work streams are: 1. Regional transit management and governance 2. Regional transit service and operations 3. Regional transit cost estimation (operating and capital) and funding This Scope of Work outlines a thorough process to create a unified Regional Transit Authority Plan (RTAP). The RTAP will outline how to implement the regional transit vision adopted by the MPO, City, and County - fast, frequent, dependable, and seamless service that provides direct links between and among the area's four major destinations: Downtown, UV A/Medical Center, Pantops, and the Rt. 29 North Corridor. The Regional Transit Authority Plan will identify routes, level of service, phasing, vehicle technology, funding mechanisms, and operating responsibilities. The MPa, City, and County intend to actively participate in the development of the R TAP, and to implement its recommendations to create an RT A that provides an attractive, competitive choice for those who travel throughout the region - residents, commuters, employees, students, and visitors. General Division of Project Responsibilities: The MPa recognizes that simultaneously analyzing multiple factors requires several combinations and permutations to be under consideration at anyone time. In their proposals, consultants are invited to demonstrate how the variables can be best addressed. The MPa will also accept proposals that outline a different approach than that which appears in the Scope of Work, provided that approach appears to be an improvement. In general, the consultant will be responsible for technical research and report production. while Staff (includes MPO, City, County, DRPT, VDOT, UV A, and other interested stakeholders) will be responsible for public involvement activities. 1 DRAFT RTA Scope of Work Draft as of 1/22/07 The consultant shall provide clarification to Staff of research and reports as needed. While Staff will be primarily responsible for public involvement, the consultant shall assist Staff by making technical presentations and aiding, as needed, in responses to questions and comments. The details of the Budget and Timeline outlined in this Scope of Work, along with a more specific division of responsibilities, will be finalized when a final consultant contract is negotiated. Regional Transit Authority Plan (RT AP) Tasks: 1. Regional Transit Management and Governance a. Identify the advantages and disadvantages of forming a regional transit authority (RT A) that would include the County of Albemarle and the City of Charlottesville, as outlined in the Regional Transit Vision endorsed by the Metropolitan Planning Organization (MPO), City of Charlottesville City Council, and the County of Albemarle Board of Supervisors. The advantages and disadvantages should be compared to the option of Charlottesville Transit Service (CTS) increasing service within the County or City in response to funded requests for service. b. Provide a detailed exploration of at least three potential frameworks for the organizational and management structure of the RT A; include review of other similar agencies/organizations. Recommend one of the frameworks. c. Develop a labor analysis and recommend a staffing plan for operations and administration based on current levels of service. Identify future positions that may be necessary. d. Provide a summary matrix that identifies all functional areas of responsibility of a transit organization (e.g. legal, human resources, accounting, facility maintenance) e. Identify the advantages and disadvantages of incorporating University Transit Service (UTS) in the RTA. Outline options for UTS participation. 2. Regional Transit Service and Operations a. Estimate ridership impacts, such as the potential to attract new transit riders (e.g. how many people might begin commuting by transit who previously commuted by car). Emphasis should also be placed on the potential impact on current non-riders that currently commute alone into the Charlottesville-Albemarle area, but may participate in commuter transit, RideShare or other carpooling activities once regional transit service is provided. b. Outline at least three potential frameworks for transit service in the Charlottesville - Albemarle area, including recommended service routes, corridors, and destinations. Recommend one of the frameworks. The frameworks should also specify how service provided by the RT A will interact with other transit service such as UTS, JAUNT, Greene County Transit, Charlottesville-Albemarle Airport, Amtrak, and others. c. Identify areas for priority transit service, including review of how existing CTS and UTS service can be modified to work in a way that complements and takes advantage of priority transit service. This should include consideration of JAUNT in its role as a regional transit provider and as the complementary paratransit service provider for CTS. d. Provide a summary matrix and map that identifies existing CTS routes and service showing how it is recommended that areas currently served by CTS will be served by the RTA. Include frequency, span of service, day of week, and cost comparisons. Any recommended service improvements should also be addressed in this matrix. 2 DRAFT RTA Scope of Work Draft as of 1/22/07 e. Evaluate capital needs, including vehicle, customer service, infrastructure improvements, and operations technologies. f. Identify service standards that should be met including level of service, customer service, and others. This should also include preliminary development of performance measures to be used to monitor how well service standards are met. 3. Regional Transit Cost Estimation and Funding a. Determine the amount of prior investment in CTS made by each member of the RTA. Review current CTS service levels and costs and consider current and planned CTS facility and equipment needs and costs. b. Provide a summary matrix of cost estimates for operations and staffing plan for the recommended regional transit framework (Tasks I band 2b). c. Provide a summary matrix that identifies how the functional areas of CTS (Task 2c) are currently funded by the City of Charlottesville and how it is recommended that they be addressed by the RT A. d. Provide a summary matrix of facility and equipment needs for the recommended regional transit framework (Task 2b). Include cost estimates. e. Develop a funding formula for the determination of local share for each member of the RTA, including accounting for prior investments by the members. f. Develop new strategies for enhancing sources of revenue (e.g. potential public-private partnerships). g. Estimate the RT A's impact on State and Federal funds for public transportation in the Charlottesville - Albemarle area. Separately consider operating and capital funds. 4. Regional Transit Authority Plan and Recommendations a. If the Consultant concludes that forming an RTA is desirable, recommend a plan to transition from CTS to the RTA. The transition plan should address the reality that CTS is currently governed by the City of Charlottesville while the RT A will be overseen by both the City and the County. Therefore, the transition of each functional area of a transit organization listed in the summary matrix (Task 2c) must be addressed. If the Consultant concludes that forming an RTA is not desirable, then make recommendations about other initiatives that the City and County can pursue (such as contracting, enhanced service coordination, and marketing) that will improve the effectiveness of the public transportation system. 3 DRAFT RTA Scope of Work Draft as of 1/22/07 ESTIMATED BUDGET: The estimated budget is outlined below. This budget is an approximation; a detailed budget estimate will be finalized when a consultant contract is ne otiated. 1 Re ional Transit Mana ement and Governance Identify advantages and disadvantages of forming a Regional Transit Authority RTA b Provide a detailed exploration of at least 3 potential frameworks for the or ranizational and mana ement structure of the RTA- recommend one c Develop a labor analysis and recommend a staffing plan for operations and administration' identif future ositions that ma be necessar d Provide a summary matrix that identifies all functional areas of responsibility e. . Ie al human resources etc. e Identif the advanta es and disadvanta es of inco Task Subtotal 2 Re ional Transit Service and 0 erations a Estimate ridership impacts, including potential to attract new riders. Include em hasis on otential for current non-riders to become riders b Outline 3 potential frameworks for transit service; Recommend one; Specify how R T A will interact with other trans ortation services c Identify areas for priority transit service, include suggestions for modification 0 CTS routes and consideration of JAUNT UTS d Provide a summary matrix and map that identifies existing CTS routes and service and how it is recommended that they are served by the R T A; include recommended service im rovements e Evaluate ca ita 1 needs e. . vehicle 0 erations infrastructure etc. f Identif service standards Develo reliminar erformance measures Task Subtotal 3 Re ional Transit Cost Estimation and Fundin Tasks a Determine the amount of prior investment in CTS by each RTA member; Review current and planned CTS service levels, facility and equipment needs and costs b Provide a summary matrix of cost estimates for operations and staffing plan. c Provide a summary matrix to identify transit organization's functional areas of res onsibili how the are funded and how RT A will address d Provide a summar matrix of facili and e ui ment needs e Develop a funding formula for determining local share for each RTA member; account for rior investment b members f Develo new strate ies for enhancin sources of revenue g Estimate the RT A's impact on State and Federal funds; separately consider o era tin and ca ital funds Task Subtotal 4 Re ional Transit Authorit Plan and Recommendations a Recommend RT A transition plan OR other initiatives to improve RT A effectiveness Task Subtotal Total Consultant Estimated Costs Total Sta . Estimated Costs Overall Bud et Estimate 27% 33% 33% 70' /0 100% $40,000 $50,000 $50,000 $10,000 $150,000 $40,000 $190,000 4 DRAFT RTA Scope of Work Draft as of 1/22/07 PROJECT TIMELINE This work is expected to take nine - twelve months to complete. Several of the subtasks will be completed concurrently. A detailed timeline will be finalized when a consultant contract is ne otiated. 1 Re ional Transit Mana ement and Governance a Identify advantages and disadvantages of forming a Regional Transit Authorit RTA b Provide a detailed exploration of at least 3 potential frameworks for the or anizational and mana ement structure of the RTA- recommend one c Develop a labor analysis and recommend a staffing plan for operations and administration; identify future positions that may be necessary d Provide a summary matrix that identifies all functional areas of responsibility (e.g. legal, human resources, etc.) e Identify the advantages and disadvantages of incorporating UTS 2 Re ional Transit Service and 0 erations a Estimate ridership impacts, including potential to attract new riders. Include em hasis on otential for current non-riders to become riders b Outline 3 potential frameworks for transit service; Recommend one; S ecif how RT A will interact with other trans ortation services c Identify areas for priority transit service, include suggestions for modification of existing CTS & UTS routes, and consideration of JAUNT d Provide a summary matrix and map that identifies existing CTS routes and service and how it is recommended that they are served by the R T A; include recommended service improvements e Evaluate capital needs (e.g. vehicle, operations, infrastructure, etc.) f Identify service standards, Develop preliminary performance measures 3 Re ional Transit Cost Estimation and Fundin Tasks a Determine the amount of prior investment in CTS by each RTA member; Review current and planned CTS service levels, facility and equipment needs and costs b Provide a summary matrix of cost estimates for operations and staffing Ian c Provide a summary matrix to identify transit organization's functional areas of responsibility, how they are funded, and how RTA will address d Provide a summar matrix of facili and e ui ment needs e Develop a funding formula for determining local share for each R T A member; account for prior investment by members f Develop new strategies for enhancing sources of revenue g Estimate the RTA's impact on State and Federal funds; separately consider operating and capital funds 4 Re ional Transit Authorit Plan and Recommendations a Recommend RTA Ian OR other initiatives to im rove re ional transit 5 Resolution Authorizing Funding for the Regional Transit Authority Plan WHEREAS, The Charlottesville-Albemarle Metropolitan Planning Organization (MPO) Policy Board has authorized Harrison Rue, Executive Director of the Thomas Jefferson Planning District Commission (TJPDC) as fiscal agent for the MPO, to execute and file an application to the Department of Rail and Public Transportation, Cormnonwealth of Virginia, hereafter referred to as "Department," for a grant of financial assistance in the amount of $100,000 to defray the costs for the development of the Regional Transit Authority Plan (R TAP) and to accept from the Department grants in such amounts as may be awarded, and to authorize MPO Staff to furnish to the Department such documents and other information as may be required for processing the grant request; and WHEREAS, a grant of financial assistance from the Department requires a local match of 10% and the 10% local match for this grant of financial assistance is $10,000; and WHEREAS, the costs of the local match of $10,000 will be distributed equally between the City of Charlottesville and County of Albemarle, with each contributing $5,000; and WHEREAS, The Charlottesville-Albemarle Metropolitan Planning Organization (MPO) Policy Board has approved the Regional Transit Authority Plan (RTAP) Scope of Work budget estimate with $100,000 funded by the Department and $100,000 funded by combined equal contribution from the County of Albemarle and City of Charlottesville, and WHEREAS, The Charlottesville-Albemarle MPO Policy Board has recormnended that the County of Albemarle and City of Charlottesville contribute $50,000 each to the RT AP which includes $5,000 from each jurisdiction to fund the 10% local match required by the Department. THEREFORE BE IT RESOLVED that the County of Albemarle will provide funds in the amount of $50,000, to contribute to the Regional Transit Authority Plan, of which $5,000 will be used to match the state funds in the ratio as required and $45,000 will fund its share of the remaining costs of the approved Scope of Work approved by unanimous vote of the MPO Policy Board. I, Ella W. Carey, do hereby certify that the foregoing writing is a true and correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by a vote of to , as recorded below, at a meeting held on Clerk, Board of County Supervisors Aye Nay Mr. Boyd Mr. Dorrier Mr. Rooker Mr. Slutzky Ms. Thomas Mr. Wyant RESOLUTION OF THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA APPROVING THE ISSUANCE OF COLORADO HEALTH FACILITIES AUTHORITY REVENUE BONDS IN A MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $51,000,000 FOR THE PURPOSES OF FINANCING AND REFINANCING THE COSTS OF ACQUISITION, CONSTRUCTION, IMPROVEMENT, RENOVATION, REMODELING, FURNISHING AND EQUIPPING OF CERTAIN HEALTH FACILITIES AND CERTAIN OTHER MATTERS RELATING THERETO WHEREAS, there has been described to the Industrial Development Authority of Albemarle County, Virginia (the "Albemarle Authority") in a public hearing on behalf of the County of Albemarle, Virginia ("Albemarle County") the plan of financing of Global Country of World Peace (the "Borrower"), an Iowa nonprofit corporation exempt from taxation under Section 501 (c)(3) of the Internal Revenue Code of 1986, as amended (the "Code") which has its principal place of business at 1900 Capital Blvd., Fairfield, Iowa 52566; WHEREAS, the Borrower has requested that the Colorado Health Facilities Authority (the "Colorado Issuer") issue its revenue bonds (the "Bonds") in one or more series in a maximum amount of a total of $51 ,000,000; WHEREAS, the Borrower has represented that the proceeds of the Bonds will be used to: (a) finance the costs of acquisition, construction, improvement, renovation, remodeling, furnishing and equipping of certain health and health related support facilities of the Borrower, including but not limited to (i) regional peace center facilities to be located on approximately 450 acres at 137 Waldemere Road, Livingston Manor, New York; on approximately 1160 combined acres at 20043 70 Road, Lebanon Kansas and 17022 100 Road, Smith Center, Kansas; on approximately 668 acres at 160 Echota and Old Fort Road, Asheville, North Carolina; on approximately 522 acres at 00000 Lost Valley Road, 1000 feet southeast of the corner of Blackwood Drive and Canebrake Road, Boulevard, California; and on approximately 52 acres at 21650 Ballenger Road, Cedarpines Park, California; and (ii) local peace center facilities at the approximately three acres adjacent to the northern boundary of 1068 Elkton Drive, Colorado Springs, Colorado; 5504 Edson Road, N. Bethesda, Maryland; 380 Parkland Plaza, Ann Arbor, Michigan; 399 Ruth Street S., St. Paul, Minnesota; 968 154th Street, Pleasant Dale, Nebraska; 1929 Greentree Road, Cherry Hill, New Jersey; 9450 Transit Road, E. Amherst, New York; 1669 Pittsford Victor Road, Perinton, New York; .28 miles west of Old Willets Path on the south side of Route 25, Smithtown, Long Island, New York; 999 Rocky Ridge, Asheville, North Carolina; 971 Beaver Grade Road, Coraopolis, Pennsylvania; 3254 East Main Road, Portsmouth, Rhode Island; One Alpha Lane, Hixson, Tennessee; 7901 Centre Park Drive, Austin, Texas; Whitewood Road at the SW corner of Whitewood and Oak Forest Drive, in Charlottesville, Virginia (Lot B, Div of Parcel 26, with a proposed street address of 109 Whitewood Road) (collectively, the "Facilities"); (b) fund capitalized interest on the Bonds, if any; (c) fund any required debt service reserve fund; and (d) pay certain costs of issuance of the Bonds, including initial costs of any credit enhancement. Each local peace center or related facility will consist of an approximately 12,000 square foot two-story facility in which the Borrower intends to conduct health and wellness activities or related support activities. Each regional peace center will consist of at least one, but not more than four of the same approximately 12,000 square foot facility where the Borrower intends to conduct health and wellness activities or related support activities. No more than $10,000,000 of the proceeds of the Bonds is expected to be spent in any single location. No more than $3,500,000 of the proceeds of the Bonds will be used to finance Facilities located at Whitewood Road at the SW corner of Whitewood and Oak Forest Drive, in Charlottesville, Virginia (Lot B, Div of Parcel 26, with a proposed street address of 109 Whitewood Road). The Borrower will be the owner and operator of the Facilities and will be the party responsible for all costs of the Facilities and all costs of the issuance of and debt service on the Bonds; WHEREAS, the Facilities located on Whitewood Road at the corner of Whitewood and Oak Forest Drive, in Charlottesville, Virginia (Lot B, Div of Parcel 26, with a proposed street address of 109 Whitewood Road) (the "Albemarle Facilities") to be financed or refinanced are located within the territorial limits of Albemarle County; WHEREAS, that there has been published, at least 14 days prior to the date of the meeting of the Albemarle Authority in which the public hearing was held, in a newspaper of general circulation within Albemarle County, a notice that a public hearing regarding the Bonds would be held on the date thereof; and WHEREAS, such public hearing was conducted on February 13, 2007, by the Albemarle Authority on behalf of the Board of Supervisors of Albemarle County, at which time an opportunity was provided to interested parties to present arguments both for and against the issuance of the Bonds; and WHEREAS, the issuance of the Bonds by the Colorado Issuer will not constitute a debt or pledge of the faith and credit of the Commonwealth of Virginia, Albemarle County or the Albemarle Authority; WHEREAS, the Borrower described the benefits to Albemarle County and requested the Albemarle Authority recommend to the Board of Supervisors of Albemarle County its approval of and concurrence with the issuance of the Bonds by the Colorado Issuer in such amounts as may be necessary to finance the cost of the Facilities; WHEREAS, the Albemarle Authority after public hearing, has recommended that the Board of Supervisors approve of and concur with the issuance of the Bonds by the Colorado Issuer in such amounts as may be necessary to finance the cost of the Facilities, WHEREAS, Section 147(f) of the Code provides that both the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of private activity bonds is located and the governmental unit on behalf of which such bonds are issued must approve the issuance of the bonds after public hearing; and WHEREAS, the Albemarle Facilities included within the Facilities to be financed through the issuance of the Bonds is located in Albemarle County and the Board of Supervisors of Albemarle County constitutes the highest elected governmental unit of Albemarle County; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA: 1. The Board of Supervisors of Albemarle County following the public hearing by the Albemarle Authority on behalf of the Board of Supervisors of Albemarle County, hereby approves and concurs with the financing of the Albemarle Facilities and the issuance of the Bonds by the Colorado Issuer for the benefit of the Borrower, as required by Section 147(f) of the Code. 2. The approval of and concurrence with the issuance of the Bonds, as required by said Section 147(f) of the Code, do not constitute an endorsement of the Bonds or the creditworthiness of the Borrower or otherwise indicate that the Albemarle Facilities possesses any economic viability. The issuance of the Bonds by the Colorado Issuer will not constitute a debt or pledge of the faith and credit of the Commonwealth of Virginia, the Albemarle Authority or Albemarle County, Virginia. Neither the Commonwealth of Virginia nor any political subdivision thereof, including the Albemarle Authority and Albemarle County, Virginia shall be obligated to pay the Bonds, or the interest thereon, or other costs incident thereto, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia nor any political subdivision thereof, including the Albemarle Authority and Albemarle County, Virginia, will be pledged to payment of principal of such Bonds or the interest thereon or other costs incidental thereto. 3. The Chairman or Vice Chairman of the Board of Supervisors, County Administrator, Clerk of the Board of Supervisors or other County officials are hereby authorized and directed to take such action and to execute and deliver such certificates or documents which they deem necessary or advisable in order to carry out, give effect to and comply with terms and intent of this resolution. 4. This resolution shall take effect immediately upon its adoption. CERTIFICATE The resolution set forth above was adopted at an open meeting during a regular meeting of the Board of Supervisors of Albemarle County, Virginia, all in accordance with law, by the following votes: AYES: Mr. Boyd, Mr. Dorrier, Mr. Rooker, Mr. Slutzky, Ms. Thomas and Mr. Wyant. NAYS: None. ABSTENTIONS: None. The undersigned Clerk of the Board of Supervisors of Albemarle County, Virginia hereby certifies that the foregoing is a true, correct and complete copy of a Resolution adopted by a majority of the members present and voting during an open meeting at a meeting duly called and held on February 14, 2007, in accordance with law, and that such Resolution has not been repealed, revoked, rescinded or amended but is in full force and effect on the date hereof. WITNESS the following ~~/:" : da~ February, 2007. Clerk, Board of Supervisors of Albe Ie County, Virginia [SEAL] SANDS ANDERSON MARKS & MILLER ~~ A PROFESSIONAL CORPORATION Daniel lV1. Siegel Attorney RICHMOND. BlACKSBURG . FREDERICKSBURG FAiRFAX. McLEAN RESEARCH TRIANGLE Direct: (804) 783-7219 E-mail: DSiegcl(dSandsAnderson.com WWW.SANDSANDERSON.COM 80 I East Main Street Post Office Box 1998 Richmond, Virginia 232 i 8-1 ()98 Main: (800) 296-1636 Fax: (804) 7x3-7291 February 6,2007 Ms. Ella Carey Board of Supervisors Albemarle County Administration Building 401 McIntire Road, 4111 Floor Charlottesville, VA 22902 RE: Public Approval for up to $51,000,000 revenue bonds to be issued by the Colorado Health Facilities Authority Dear Ms. Carey: As promised, enclosed with this letter is a proposed Resolution tcn presentation to the Board of Supervisors at its meeting on Wednesday, February 14th, following a public hearing held on February 13111 by the Industrial Development Authority of Albemarle County, Virginia, at the request of the applicant, Global Country of World Peace (the "Borrower"). The BOITower seeks to finance a number of regional and local health and health related facilities in various locations throughout the country through the issuance of revenue bonds by the Colorado Health Facilities Authority (the "Colorado Authority") in a maximum aggregate principal amount of up to $51,000,000 (the "Bonds"), including a facility located at Whitewood Road at the SW corner of Whitewood Road and Oak Forest Drive in Albemarle County, Virginia (lot B, Division of Parcel 26, with a proposed street address of 109 Whitewood Road, Charlottesville, V A) (the "Albemarle Facilities"). No more than $3.500,000 from the issue of Bonds will be used f()r the Albemarle Facilities. The Albemarle Facilities will consist of an approximately J 2,000 square foot two-story facility in which the Borrower intends to conduct health and wellness activities or related support activities. The Bonds are expected to be sold or placed with a large national tax exempt bond fi.ll1d. the same fund which purchased approximately $21 million of such Bonds in December of 2006 for the BOlTower. Federal tax law (Section l47(t) of the Internal Revenue Code of 1986, as amended) requires that public approval be obtained from the highest applicable elected representative of Ms. Ella Carey February 6, 2007 Page 2 of2 the governmental umt 10 which the issuer is located and by the highest applicable elected representative of the governmental unit in which the facility to be tinanced is located. In this instance, the Issuer, the Colorado Authority, as a state issuer, must obtain the approval from the Governor of Colorado. In order for the Albemarle Facilities to be included as one of the Facilities to be financed by the Bonds, a public hearing must be held and approval must be obtained by the Board of Supervisors. In Virginia, this process is generally accomplished by a public hearing being held by the local industrial development authority on behalf of the County, which is the purpose for the request and public hearing Prior to submission for approval to the Albemarle County Board of Supervisors, we are seeking the recommendation of the Albemarle Authority after the holding of its public hearing. week. Thank you again tor all of your help on this matter. ;\ :?J::t1A Daniel M: Siegel look torward to seeing you next Enclosures RESOLUTION OF THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA APPROVING THE ISSUANCE OF COLORADO HEAL TH FACILITIES AUTHORITY REVENUE BONDS IN A MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $51,000,000 FOR THE PURPOSES OF FINANCING AND REFINANCING THE COSTS OF ACQUISITION, CONSTRUCTION, IMPROVEMENT, RENOVATION, REMODELING, FURNISHING AND EQUIPPING OF CERTAIN HEALTH FACILITIES AND CERTAIN OTHER MATTERS RELATING THERETO WHEREAS, there has been described to the Industrial Development Authority of Albemarle County, Virginia (the "Albemarle Authority") in a public hearing on behalf of the County of Albemarle, Virginia ("Albemarle County") the plan of financing of Global Country of World Peace (the "Borrower"), an Iowa nonprofit corporation exempt from taxation under Section 501(c)(3) ofthe Internal Revenue Code of 1986, as amended (the "Code") which has its principal place of business at 1900 Capital Blvd., Fairfield, Iowa 52566; WHEREAS, the Borrower has requested that the Colorado Health Facilities Authority (the "Colorado Issuer") issue its revenue bonds (the "Bonds") in one or more series in a maximum amount ofa total of$51,000,000; WHEREAS, the Borrower has represented that the proceeds of the Bonds will be used to: (a) finance the costs of acquisition, construction, improvement, renovation, remodeling, furnishing and equipping of certain health and health related support facilities of the Borrower, including but not limited to (i) regional peace center facilities to be located on approximately 450 acres at 137 Waldemere Road, Livingston Manor, New York; on approximately 1160 combined acres at 20043 70 Road, Lebanon Kansas and 17022 100 Road, Smith Center, Kansas; on approximately 668 acres at 160 Echota and Old Fort Road, Asheville, North Carolina; on approximately 522 acres at 00000 Lost Valley Road, 1000 feet southeast of the comer of Blackwood Drive and Canebrake Road, Boulevard, California; and on approximately 52 acres at 21650 Ballenger Road, Cedarpines Park, California; and (ii) local peace center facilities at the approximately three acres adjacent to the northern boundary of 1068 Elkton Drive, Colorado Springs, Colorado; 5504 Edson Road, N. Bethesda, Maryland; 380 Parkland Plaza, Ann Arbor, Michigan; 399 Ruth Street S., St. Paul, Minnesota; 968 154th Street, Pleasant Dale, Nebraska; 1929 Greentree Road, Cherry Hill, New Jersey; 9450 Transit Road, E. Amherst, New York; 1669 Pittsford Victor Road, Perinton, New York; .28 miles west of Old Willets Path on the south side of Route 25, Smithtown, Long Island, New York; 999 Rocky Ridge, Asheville, North Carolina; 971 Beaver Grade Road, Coraopolis, Pennsylvania; 3254 East Main Road, Portsmouth, Rhode Island; One Alpha Lane, Hixson, Tennessee; 7901 Centre Park Drive, Austin, Texas; Whitewood Road at the SW comer of Whitewood and Oak Forest Drive, in Charlottesville, Virginia (Lot B, Div of Parcel 26, with a proposed street address of 109 Whitewood Road) (collectively, the "Facilities"); (b) fund capitalized interest on the Bonds, if any; (c) fund any required debt service reserve fund; and (d) pay certain costs of issuance of the Bonds, including initial costs of any credit enhancement. Each local peace center or related facility will consist of an approximately 12,000 square foot two-story facility in which the Borrower intends to conduct {W0381681.1 012265-067652} health and wellness activities or related support actIvItIes. Each regional peace center will consist of at least one, but not more than four of the same approximately 12,000 square foot facility where the Borrower intends to conduct health and wellness activities or related support activities. No more than $10,000,000 of the proceeds of the Bonds is expected to be spent in any single location. No more than $3,500,000 of the proceeds of the Bonds will be used to finance Facilities located at Whitewood Road at the SW comer of Whitewood and Oak Forest Drive, in Charlottesville, Virginia (Lot B, Div of Parcel 26, with a proposed street address of 109 Whitewood Road). The Borrower will be the owner and operator of the Facilities and will be the party responsible for all costs of the Facilities and all costs of the issuance of and debt service on the Bonds;. WHEREAS, the Facilities located on Whitewood Road at the comer of Whitewood and Oak Forest Drive, in Charlottesville, Virginia (Lot B, Div of Parcel 26, with a proposed street address of 109 Whitewood Road) (the "Albemarle Facilities") to be financed or refinanced are located within the territorial limits of Albemarle County; WHEREAS, that there has been published, at least 14 days prior to the date of the meeting of the Albemarle Authority in which the public hearing was held, in a newspaper of general circulation within Albemarle County, a notice that a public hearing regarding the Bonds would be held on the date thereof; and WHEREAS, such public hearing was conducted on February 13, 2007, by the Albemarle Authority on behalf of the Board of Supervisors of Albemarle County, at which time an opportunity was provided to interested parties to present arguments both for and against the issuance of the Bonds; and WHEREAS, the issuance of the Bonds by the Colorado Issuer will not constitute a debt or pledge of the faith and credit of the Commonwealth of Virginia, Albemarle County or the Albemarle Authority; WHEREAS, the Borrower described the benefits to Albemarle County and requested the Albemarle Authority recommend to the Board of Supervisors of Albemarle County its approval of and concurrence with the issuance of the Bonds by the Colorado Issuer in such amounts as may be necessary to finance the cost of the Facilities; WHEREAS, the Albemarle Authority after public hearing, has recommended that the Board of Supervisors approve of and concur with the issuance of the Bonds by the Colorado Issuer in such amounts as may be necessary to finance the cost of the Facilities, WHEREAS, Section 147(f) of the Code provides that both the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of private activity bonds is located and the governmental unit on behalf of which such bonds are issued must approve the issuance ofthe bonds after public hearing; and {W0381681.1 012265-067652} WHEREAS, the Albemarle Facilities included within the Facilities to be financed through the issuance of the Bonds is located in Albemarle County and the Board of Supervisors of Albemarle County constitutes the highest elected governmental unit of Albemarle County; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA: 1. The Board of Supervisors of Albemarle County following the public hearing by the Albemarle Authority on behalf of the Board of Supervisors of Albemarle County, hereby approves and concurs with the financing of the Albemarle Facilities and the issuance of the Bonds by the Colorado Issuer for the benefit of the Borrower, as required by Section 147 (f) of the Code. 2. The approval of and concurrence with the issuance of the Bonds, as required by said Section 147(f) of the Code, do not constitute an endorsement of the Bonds or the creditworthiness of the Borrower or otherwise indicate that the Albemarle Facilities possesses any economic viability. The issuance of the Bonds by the Colorado Issuer will not constitute a debt or pledge of the faith and credit of the Commonwealth of Virginia, the Albemarle Authority or Albemarle County, Virginia. Neither the Commonwealth of Virginia nor any political subdivision thereof, including the Albemarle Authority and Albemarle County, Virginia shall be obligated to pay the Bonds, or the interest thereon, or other costs incident thereto, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia nor any political subdivision thereof, including the Albemarle Authority and Albemarle County, Virginia, will be pledged to payment of principal of such Bonds or the interest thereon or other costs incidental thereto. 3. The Chairman or Vice Chairman of the Board of Supervisors, County Administrator, Clerk of the Board of Supervisors or other County officials are hereby authorized and directed to take such action and to execute and deliver such certificates or documents which they deem necessary or advisable in order to carry out, give effect to and comply with terms and intent of this resolution. 4. This resolution shall take effect immediately upon its adoption. CERTIFICATE The resolution set forth above was adopted at an open meeting during a regular meeting of the Board of Supervisors of Albemarle County, Virginia, all in accordance with law, by the following votes: AYES: NAYS: {W0381681.1 012265-067652} ABSTENTIONS: The undersigned Clerk of the Board of Supervisors of Albemarle County, Virginia hereby certifies that the foregoing is a true, correct and complete copy of a Resolution adopted by a majority of the members present and voting during an open meeting at a meeting duly called and held on February 14, 2007, in accordance with law, and that such Resolution has not been repealed, revoked, rescinded or amended but is in full force and effect on the date hereof. WITNESS the following signature this _ day of February, 2007. Clerk, Board of Supervisors of Albemarle County, Virginia [SEAL] {W0381681.1 012265-067652} At a regular meeting of the Board of Supervisors of the County of Albemarle, Virginia, held on the 14th day of February 2007, the following Board members were recorded as present: PRESENT: Kenneth C. Boyd; Lindsay G. Dorrier, Jr.; Dennis S. Rooker; David Slutzky; Sally H. Thomas; and David C. Wyant. On motion by Sallv Thomas, seconded by David Wyant, the attached Resolution was adopted by a majority of the members of the Board of Supervisors by a roll call vote, the votes being recorded as follows: MEMBER VOTE Mr. Boyd Aye Mr. Dorrier Aye Mr. Rooker Aye Mr. Slutzky Aye Ms. Thomas Aye Mr. Wyant Aye RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA WHEREAS, the Industrial Development Authority of Albemarle County, Virginia ("Authority"), has considered the application of Westminster-Canterbury of the Blue Ridge ("Borrower") requesting the issuance of the Authority's revenue bonds in an amount not to exceed $45,000,000 ("Bonds") to assist the Borrower in (a) refinancing all or a portion of the Authority's $69,815,000 Residential Care Facility Mortgage Revenue Bonds, Series 2001A issued on October 12, 2001 to finance or refinance various of capital projects at the Borrower's continuing care retirement community ("Facility"), located at 250 Pantops Mountain Drive in Albemarle County, Virginia (b) financing additional capital improvements to the Facility, and (c) financing a debt service reserve fund and costs of issuance for the bonds (collectively, the "Project"), and has held a public hearing on February 13, 2007. WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds; WHEREAS, the Authority issues its bonds on behalf of the County of Albemarle, Virginia ("County"); the Project is located in the County and the Board of Supervisors of the County of Albemarle, Virginia ("Board") constitutes the highest elected governmental unit of the County; WHEREAS, the Authority has recommended that the Board approve the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA: 1 . The Board approves the issuance of the Bonds by the Authority for the benefit of the Borrower, as required by Section 147(f) of the Code and Section 15.2-4906 of the Code of Virginia of 1950, as amended to permit the Authority to assist in the refinancing of the Project. 2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or the Borrower. 3. This resolution shall take effect immediately upon its adoption. February 13, 2007 Board of Supervisors Albemarle County, Virginia 401 McIntire Road Charlottesville, Virginia 22902 Industrial Development Authority of Albemarle County, Virginia Proposed Financing for Westminster-Canterbury of the Blue Ridge Westminster-Canterbury of the Blue Ridge ("Borrower") has requested that the Industrial Development Authority of Albemarle County, Virginia ("Authority"), assist the Borrower in (a) refinancing all or a portion of the Authority's $69,815,000 Residential Care Facility Mortgage Revenue Bonds, Series 2001A issued on October 12, 2001 to finance or refinance a variety of capital projects at the Borrower's continuing care retirement community ("Facility"), located at 250 Pantops Mountain Drive in Albemarle County, Virginia (b) financing additional capital improvements to the Facility, and (c) financing a debt service reserve fund and costs of issuance for the bonds by the issuance of its revenue bonds in the amount not to exceed $45,000,000 ("Bonds"). As set forth in the resolution of the Authority attached hereto ("Resolution"), the Authority has agreed to issue its Bonds as requested. The Authority has conducted a public hearing on the proposed refinancing of the Project and has recommended that you approve the issuance of the Bonds as required by Section 147(f) of the Internal Revenue Code of 1986, as amended, and Section 15.2-4906 of the Code of Virginia of 1950, as amended. Attached hereto is (1) a certificate evidencing the conduct of the public hearing and the action taken by the Authority, (2) the Fiscal Impact Statement required pursuant to Virginia Code Section 15.2-4907, and (3) the form of resolution suggested by counsel to evidence your approval. Secretary, Industrial Development Authority of Albemarle County, Virginia CERTIFICATE The undersigned Secretary of the Industrial Development Authority of Albemarle County, Virginia ("Authority") certifies as follows: 1. A meeting of the Authority was duly called and held on February 13, 2007, at 4:00 o'clock p.m. in the Fourth Floor Conference Room of the County Office Building, 401 McIntire Road, Charlottesville, Virginia, pursuant to proper notice given to each Director of the Authority before such meeting. The meeting was open to the public. The time of the meeting and the place at which the meeting was held provided a reasonable opportunity for persons of differing views to appear and be heard. 2. The Chairman announced the commencement of a public hearing on the application of Westminster-Canterbury of the Blue Ridge and that a notice of the hearing was published once a week for two successive weeks in a newspaper having general circulation in the County of Albemarle Virginia ("Notice"), with the second publication appearing not less than seven days nor more than twenty-one days prior to the hearing date. A copy of the Notice has been filed with the minutes of the Authority and is attached as Exhibit A. 3. A summary of the statements made at the public hearing is attached as Exhibit B. 4. Attached as Exhibit C is a true, correct and complete copy of a resolution ("Resolution") adopted at such meeting of the Authority by a majority of the Directors present at such meeting. The Resolution constitutes all formal action taken by the Authority at such meeting relating to matters referred to in the Resolution. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on this date. WITNESS my hand and the seal of the Authority, this 13th day of February, 2007. Secretary, Industrial Development Authority of Albemarle County, Virginia [SEAL] Exhibits: A - Copy of Certified Notice B - Summary of Statements C - Inducement Resolution -2- EXHIBIT B TO CERTIFICATE Summary of Statements Representatives of Westminster-Canterbury of the Blue Ridge and McGuireWoods LLP, bond counsel, appeared before the Authority to explain the proposed plan of financing. No one appeared in opposition to the proposed bond issue FISCAL IMPACT STATEMENT FOR PROPOSED BOND FINANCING Date: February 13, 2007 To the Board of Supervisors of Albemarle County, Virginia Applicant: F acili ty: Westminster-Canterbury of the Blue Ridge Continuing Care Retirement Community 1. Maximum amount of financing sought. $ 45,000,000 2. Estimated taxable value of the facility's real property to be constructed in the locality. $ 6,000,000 3. Estimated real property tax per year using present tax rates. $ 800,000 4. Estimated personal property tax per year using present tax rates. $ 25,000 5. Estimated merchants' capital tax per year using present tax rates. $ 0 6. (a) Estimated dollar value per year of goods that will be purchased from Virginia companies within the $ 2,000,000 locality. (b) Estimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality. $ 1,000,000 (c) Estimated dollar value per year of services that will be purchased from Virginia companies within the locality. $ 200,000 (d) Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality. $ 100,000 7. Estimated number of regular employees on year round basis. 260 8. Average annual salary per employee. $ 30,000 Chairman, Industrial Development Authority of Albemarle County, Virginia At a regular meeting of the Board of Supervisors of the County of Albemarle, Virginia, held on the 14th day of February 2007, the following Board members were recorded as present: PRESENT: On motion by seconded by , the attached Resolution was adopted by a majority of the members ofthe Board of Supervisors by a roll call vote, the votes being recorded as follows: MEMBER VOTE RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA WHEREAS, the Industrial Development Authority of Albemarle County, Virginia ("Authority"), has considered the application of Westminster-Canterbury of the Blue Ridge ("Borrower") requesting the issuance of the Authority's revenue bonds in an amount not to exceed $45,000,000 ("Bonds") to assist the Borrower in (a) refinancing all or a portion of the Authority's $69,815,000 Residential Care Facility Mortgage Revenue Bonds, Series 2001A issued on October 12, 2001 to finance or refinance various of capital projects at the Borrower's continuing care retirement community ("Facility"), located at 250 Pantops Mountain Drive in Albemarle County, Virginia (b) financing additional capital improvements to the Facility, and (c) financing a debt service reserve fund and costs of issuance for the bonds (collectively, the "Project"), and has held a public hearing on February 13, 2007. WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds; WHEREAS, the Authority issues its bonds on behalf of the County of Albemarle, Virginia ("County"); the Project is located in the County and the Board of Supervisors of the County of Albemarle, Virginia ("Board") constitutes the highest elected governmental unit of the County; WHEREAS, the Authority has recommended that the Board approve the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA: 1: The Board approves the issuance of the Bonds by the Authority for the benefit of the Borrower, as required by Section 147(f) of the Code and Section 15.2-4906 of the Code of Virginia of 1950, as amended to permit the Authority to assist in the refinancing of the Project. 2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser ofthe Bonds of the creditworthiness of the Project or the Borrower. 3. This resolution shall take effect immediately upon its adoption. Adopted by the Board of Supervisors of the County of Albemarle, Virginia this 14th day of February, 2007. Clerk, Board of Supervisors of the County of Albemarle, Virginia [SEAL] -2- COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: FY07 Second Quarter Financial Report AGENDA DATE: February 14, 2007 ACTION: INFORMATION: SU BJ ECT/PROPOSALlREQUEST: Quarterly Financial Report for the Six Months Ended December 31, 2006 CONSENT AGENDA: ACTION: INFORMATION: X LEGAL REVIEW: Yes REVIEWED BY: /~ ( ST AFF CO NT ACT(S): Tucker, White, Davis, Wiggans, Walters ATTACHMENTS: Yes BACKGROUND: The attached Quarterly Financial Report provides information on the County's General Fund operations and Fund Balance as of December 31, 2006. The Financial Report includes a bar chart that compares current fiscal year revenue and expenditure data with data from the previous fiscal year. STRATEGIC PLAN: Goal 5: Fund the County's Future Needs DISCUSSION: ($ in Millions) A. Attachment A: Financial Report: 1. Revenues: The Department of Finance estimates that General Fund revenues will exceed appropriations by $2.182 million, 1.1 %, an increase of $0.41 0 million from the December 6,2006 Financial Report. Transfers from other funds will exceed appropriations by $0.027 million. Total revenue, use of other funds, and use of fund balance will exceed appropriations by $2.208 million, 1.1 %. a. Real Estate tax revenues are estimated to exceed appropriations by $0.698 million, 0.7%, a $0.948 million increase from the last Financial Report. The overall increase is due to a greater than anticipated 2006 new construction and the finalization of the 2007 reassessment. The Budget was prepared based on a 22.5%, net of land use, estimated reassessment increase. The actual increase was 25.3%, an incremental increase of 2.8%. b. Personal Property tax revenues are estimated to exceed appropriations by $0.743 million, 4.5%, a $0.300 million decrease from the last Financial Report. The decrease is due to the lower than anticipated 2006 second half tax bill total. The overall greater than appropriation increase continues to be the result of frozen state PPTR payments shifting the tax burden from the state to the taxpayer and an increase in vehicle assessments. c. Business License tax revenues are estimated to exceed appropriations by $0.244 million, 2.7%, a $0.001 decrease from the last Financial Report. The overall increase is due to the continuing strong economy. d. Utility tax revenues are estimated to be $0.241 million, 3.1 %, less than appropriations, a $0.091 million decrease from the last Financial Report. The decrease is due to the continued mild weather conditions. Weather conditions are volatile and can change unexpectedly significantly affecting revenues. e. Food and Beverage tax revenues are estimated to exceed appropriations by $0.200 million, 3.9%, a $0.150 million increase from the last Financial Report. The increase is attributed to the continued growth in convenience food preparation as evident by the increased number of restaurants. f. Other Local tax revenues are estimated to exceed appropriations by $0.347 million, 3.7%, a $0.032 million decrease from the last Financial Report. Vehicle License tax revenues are expected to exceed appropriations by $0.200 million due to the increased number of vehicles as well as the number of vehicles subject to the tax. Bank Franchise tax revenues are expected to exceed appropriations by $0.150 million due to additional deposits with local branches. g. Other Local revenues are estimated to exceed appropriations by $0.540 million, 10.9%, a $0.185 million increase from the last Financial Report. Interest revenues are expected to exceed appropriation by $0.4 75 million due to higher yields and larger cash balances. Law enforcement service fees continue to increase due to additional billable services. h. State revenues are estimated to be $0.147 million, 0.6% less than appropriations, a $0.113 million increase from the last Financial Report. The overall decrease is due to the continued shift from state to federal reimbursement for social service expenditures. Activity since the last Financial Report has shown a reduction in the rate of change. i. Other categories are estimated to vary less than $0.100 million from appropriations. 2. Expenditures: Total Expenditures, including transfers, are within appropriate levels at 45.1 % for the first six months. a. Departmental expenditures are at 44.3% of appropriations. b. No attempt has been made to estimate expenditures. 3. Revised Revenues less Revised Expenditure Appropriations: a. Revised revenues less appropriated expenditures project a $2.208 million increase by the end of the fiscal year based on January revenue updates. b. Fund Balance available February 14, 2007 is $0.784 million. This is net a reduction for an estimated $9.225 million transfer to the CIP fund. The $0.784 million may be used for other projects at the Board's discretion and approval. c. Projected End-of-Year Available Funds are $2.991 million. This reflects the audited FY06 fund balance, revised FY07 revenue estimates, supplemental appropriations, and the proposed CIP transfer. B. Attachment B: BudQet Comparison Report: The bar-chart report tracks changes in revenue and expenditure changes over time. 1. Only two revenue categories, Other Local Taxes and State Revenue, project decreases over last year actual revenues. 2. Expenditures in all categories except Non-School Transfers are expected to increase over FY06. C. Attachment C: Fund Balance Report: The report indicates that the County: 1. Has an Audited FY06 Fund Balance of $25.079 million at June 30, 2006, 2. Appropriated $2.020 million for FY07 projects, 3. Has a remaining FY06 Fund Balance of $23.059 million at December 31,2006, 4. Reserved $13.000 million for cash flow purposes, 5. Has approved a $0.50 million appropriation after December 31,2006, 6. Has a preliminary $9.225 million CIP transfer commitment, and 7. Has Unobligated Funds Available of $0.784 million at February 14, 2007. BUDGET IMPACT: This report is based on audited financial data for FY06 and six months of operations for FY07. Staff will utilize this data as the basis for the FY08 Budget. It is important to remember that any change in the County's real estate tax rate will impact both the FY07 and FY08 Budgeted tax revenues. Staff estimates that each one cent reduction is the real estate tax rate will reduce tax revenues in FY07 by approximately $750,000. RECOMMENDATIONS: This report has been prepared for your information. No action is required. ATTACHMENTS: A - General Fund Quarterlv Financial Report B - General Fund Budqet Comparison Report C - General Fund Balance Report 07.020 <( c CD E .t:: ~ <( CD o o N .... 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M M <{ 0- M CIl CIl C/) fti CD C/) CD C/) 'ii C/) fti CD c c C/) - c: C/) c C/) - C/) - c: ~ ~ a.l 0 ::I a.l ::I a.l 0 a.l 0 ~ ., ., ...J I- ., ...J ., ...J I- ...J I- ., , COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 February 1, 2007 Brian S. Ray 1717 - 1 B Allied Street Charlottesville, VA 22903 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS-- Tax Map 120, Parcel 16 Scottsville Magisterial District (Property of Margaret R. Van Clief Revocable Trust) Section 10.3,1 Dear Mr. Ray: The County Attorney and I have reviewed the title information for the above-noted property. It is the County Attorney's advisory opinion and my official determination that Tax Map 120, Parcel 16 consists of seven (7) separate parcels that are shown on Sketch #4, prepared by Roger W. Ray and Assoc., Inc. that is attached. The parcels and their associated theoretical development rights are identified below. The basis for this determination follows. Parcel Acreage DB/p Development Ri hts A 1 Oakland 474.8 203/83 5 A 1 Meadow Farm 420.16 203/83 5 B 4 236/239 2 C 22.4 243/489 5 D 15 212/575 5 2 37.5 298/83 5 4 4 298/83 2 Our records indicate Tax Map 120, parcel 16 contains 931.645 acres and five (5) dwellings. The parcel is located in the Scottsville Magisterial District. The most recent recorded instrument for this property is recorded in Deed Book 909, page 643. The most recent instrument for two parcels that are a part of "Nydrie" and are identified as Parcel 2 and Parcel 4 on Sketch #4 that was recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is in Deed Book 203, page 83, and is dated October 8, 1928. The deed conveyed Parcels 1, 2 and 4 from William B. Forsyth & Hedwig P. Forsyth, Douglas Forsyth & Lena L. Forsyth, Harry Forsyth & Joan W. Forsyth, George L. Forsyth & Elise M. Forsyth, Noel Louise Elliott & John B. Elliott and Edith Agnes Langhorn & W, H. Longhorn to Daniel Good Van Clief 1:\DEPT\BCZS\Determin of Parcel\2007\120-16 Van Clief LOD 2006-41.doc ., Brian S. Ray February 2, 2007 Page 2 and Ray Alan Van Clief. The parcels are shown on Sketch #4 and described, in part, as follows: Parcel 1 : This tract is described as containing two separate parcels, containing a total of 899 acres. It designated as Tract A in Deed Book 298, page 497 and analyzed below in the discussion of Deed Book 298, page 497. Parcel 2: This tract is described as containing 37.5 acres and by reference to Deed Book 107, page 250. The Munford tract is identified on the plat of record in Deed Book 104, page 173. It is designated as Parcel 2 on Sketch #4. Deed book 107, page 250, dated January 23,1897, conveyed 37.5 acres from Loveless Munford and Elvira Munford to Sarah R. Forsythe. The property is described by metes and bounds and by reference to the deed of Thos. S. Coles. Based on these two deeds and the plat, the 37.5-acre portion of Parcel 16 that is designated as Parcel 2 on Sketch #4 is determined to a parcel of record with five (5) development rights. Parcel 4: This parcel is described as containing 4 acres and by reference to Deed Book 119, page 487. The Monroe parcel is identified on the plat of record in Deed Book 104, page 173. It is designated as Parcel 4 on Sketch #4. Deed Book 119, page 487, dated March 28,1901, conveyed 4 acres from B. G. Monroe and Martha Monroe to S. R. Forsythe. The parcel is described by metes and bounds. Based on these two deeds, the 4-acre portion of Parcel 16 designated as Parcel 4 on Sketch #4 is determined to a parcel of record with two (2) development rights. This assumes that the parcel contains at least 4 acres. The most recent instrument for five parcels known together as "Nydrie" recorded prior to the adoption of the Zoning Ordinance, December 1 0, 1980, is recorded in Deed Book 298, page 497, and is dated May 23, 1951. The deed conveyed Parcels A, B, C and D from Daniel Good Van Clief and Ray Alan Van Clief, Executors of and Trustees under the will of Margaret Good Van Clief to Daniel Good Van Clief and Ray Alan Van Clief. The parcels are shown on Sketch #1 and described, in part, as follows: Parcel A: Those parcels conveyed by the deed recorded in Deed Book 203, page 83 and the plat recorded in Deed Book 104, page 173, The plat recorded in Deed Book 104, page 173, dated October 1895 shows Oaklands, containing 474.8 acres and Meadow Farm, containing 424 1/6 acres. I:\DEPT\BCZS\Delermin of Parcel\2007\120-16 Van Clief LOD 2006-41.doc Brian S, Ray February, 2007 Page 3 Deed Book 203, page 83, dated October 8, 1928, conveyed 936.12 acres described as Parcels 1, 2 and 4. Parcel 1 is described as containing two certain tracts containing together 899 acres and by reference to the plat in Deed Book 104, page 170. Parcels 2 and 4 are discussed above. Based on these three deeds, the portion of Parcel 16 known as Oaklands, containing 474.8 acres, and the portion of Parcel 16 known as Meadow Farm, containing 424 1/6 acres, are each determined to be parcels of record with five (5) development rights. The approximate location of Oaklands and Meadow Farm is shown on Sketch #4. Parcel B: Those parcels conveyed by the deed recorded in Deed Book 236, page 239. Deed Book 236, page 239, dated June 16, 1937, conveyed 4 acres from George Gilmer, Commissioner to Ray Alan Van Clief. The property is described by metes and bounds. This 4-acre tract is a portion of Meadow Farm. As a result of this transaction Meadow Farm contained 420.16 acres. The parcel is designated as Parcel B on Sketch #4. Based on these two deeds, the 4-acre portion of Parcel 16 designated as Parcel B on Sketch #4 is determined to a parcel of record with two (2) development rights. This assumes that the parcel contains at least 4 acres. Parcel C: Those parcels conveyed by the deed recorded in Deed Book 243, page 489. Deed Book 243, page 489, dated June 14, 1939, conveyed 22.4 acres from Martha Monroe to R. A. Van Clief. The property is described on a plat by M. M. Van Doren attached to the deed. The location of the parcel is designated as Parcel C on Sketch #4. Based on these two deeds, the 22.4-acre portion of Parcel 16 designated as Parcel C on Sketch #4 is determined to a parcel of record with five (5) development rights, Parcel 0: Those parcels conveyed by the deed recorded in Deed Book 212, page 575 and Deed Book 248, page 410. Deed Book 212, page 575, dated March 22,1931, conveyed approximately 15 acres from A. H, Lloyd and Donna L. D. Lloyd to R. A. Van Clief. The deed states, "it will be noticed that Lot #4 contains about 38 acres within its entire boundary, but it is the intention of this deed to convey only that part of it which lies to the north of Keene Road adjoining the "Nydrie" line which contains about 15 acres more or less." The parcel is shown on a plat attached to the deed. The parcel is designated as Parcel D on Sketch #4. 1:\DEPT\BCZS\Determin of Parcel\2007\120-16 Van Clief LOD 2006-41 ,doc Brian S. Ray February 1, 2007 Page 4 Deed Book 248, page 410, dated November 15,1940, conveyed 3 tracts from Arthur H. Lloyd and Donna L. D. Lloyd to Ray Alan Van Clief. Parcel 1 , containing 5.4 acres, Parcel 2, containing 9.4 acres and Parcel 3, described as so much of Lot 4 as lies south of the Esmont and Keene Road are not part of this determination. These 3 parcels are all located south of Esmont Road and west of Parcel 16. Based on these three deeds, the 15-acre portion of Parcel 16 that is designated as Parcel D on Sketch #4 is determined to be a parcel of record with five (5) development rights. Deed Book 909, page 643, dated November 12,1986, conveyed 15.507 acres from Daniel Good Van Clief and Margaret R. Van Clief. This parcel is now designated as Tax Map 120, Parcel 16E. It is not a subject of this determination. The parcels are entitled to the noted development rights if all other applicable regulations can be met. These development rights may only be utilized within the bounds of the original parcel with which they are associated. These development rights are theoretical in nature but do represent the maximum number of lots containing less than twenty one acres allowed to be created by right. In addition to the development right lots, the parcel may create as many smaller parcels containing a minimum of twenty-one acres as it has land to make. If you are aggrieved by this determination, you have a right to appeal it within thirty days of the date notice of this determination is given, in accordance with Section 15.2-2311 of the Code of Virginia. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal shall be taken only by filing with the Zoning Administrator and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the appeal. An appeal application must be completed and filed along with the fee of $120. The date notice of this determination was given is the same as the date of this letter. If you have any questions, please contact me. Sincerely, ~ John Shepherd Manager of Zoning Administration Copy: Gay Carver, Real Estate Supervisor Ella Carey, Clerk of the Board of Supervisors 1:\DEPT\BCZS\Determin of Parcel\2007\120-16 Van CHef LOD 2006-41.doc "E 51<.. +C,k # 122 /.. ~ . .... '\~ , \ - .- \ \ - ~ \- \ ~ I ./ i ~ \.. ~ C.VU&'-I'T "T..,Jc M.." S."'hJIN~ AL.L P^~C.EL.S \.J''T!+lrV C.\J~Ru.rT 1M 1:20-1~ b s:: ::J o o (I) i: cu E (I) .a - c( ! 1 t I: I ~I ill ~h .u -e ~ ~ s:: ::::J o o CD i: ns E CD .a - c( t I . III .-11'.1 I .' ill 'h '14 -e Ii COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Public Hearing for Six Year Secondary Road Plan AGENDA DATE: February 14, 2007 ACTION: X INFORMATION: SU BJECT/PROPOSALlREQUEST: Public Hearing on Six Year Secondary Road Plan CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): Messrs.: Tucker, Foley, Davis, Graham, Benish, Wade ATTACHMENTS: Yes REVIEWED BY: ~-- I LEGAL REVIEW: Yes BACKGROUND: This public hearing is to receive public input on the County Priority List of Secondary Road Improvements (Page 1 of Attachment C) and the proposed VDOT Six Year Secondary System Construction Program (Attachment D). The Board held a work session on January 3, 2007 to review the Six Year Secondary Road Priority List. At the meeting, VDOT staff distributed the draft Six Year Secondary System Construction Plan, which is based on the County's Six Year Secondary Road Priority List and is reflective of available funding. The Board of Supervisors requested that staff create a version of the County Priority List that identifies the projects that are scheduled to receive funding from VDOT and the County over the next six years (Attachment A) and also provide a list of VDOT's bridge project priorities (Attachment B), STRATEGIC PLAN: Goal Three: Develop Policies and Infrastructure Improvements to Address the County's Growing Needs. · Develop a comprehensive strategy/plan for funding future needs, · By June 30, 2010, expand regional transit opportunities, while accelerating the completion of the Meadow Creek Parkway, 2 local, and 2 regional transportation projects, DISCUSSION: As requested by the Board, staff has provided a version of the County's Priority List of Road Improvements which indicates the level of funding provided to each project on the List (Attachment A), The VDOT Secondary System Construction Program (Attachment D) essentially provides the same information. The VDOT Six Year Program provides a plan for the allocations of available road construction funds over the six year period which is intended to reflect the priorities of the County, Page 1 of the VDOT Program shows anticipated total allocations of road construction funding over the next six years, The remaining pages indicate how those funds will be allocated to projects over that six year period. Much like the County's CIP, the first year (FY 07-08) of the Program is the budget year and VDOT appropriations for that year should reflect the adopted plan. Staff provides the following additional comments: · Please note the surplus for Jarman's Gap Road (this can be found on either Attachment A or D). This surplus in funding reflects VDOT's anticipated increase in cost of construction to complete the entire project as currently proposed, However, final revised cost estimates have not been completed and reflected in VDOT's budgeting process to date; therefore, the "Estimated Cost" in VDOT's Secondary Plan cannot be revised at this time. · A list of VDOT's bridge priorities for the County is provided on Attachment B. VDOT has allocated funding to the highest of these projects over the next six years, Bridge projects are funded from a federal bridge fund, VDOT's priorities are based primarily on the road classification (National Highways of Significance -NHS; interstate; primary, secondary) and the bridge's sufficiency rating. The County's four highest priorities are not located in the NHS. Bridge projects are funded from a federal bridge fund and require a 20% State match. AGENDA TITLE: Public Hearing for Six Year Secondary Road Plan February 14, 2007 Page 2 · Attachment C is the County's Priority List of Secondary Road Improvements that staff is recommending the Board approve. This list reflects efforts to support the strategic plan goals of completing the Meadow Creek Parkway, Jarman's Gap Road and Georgetown Road projects, Attachment D is the draft VDOT Secondary System Construction Program, It is consistent with the proposed County Priority List of Secondary Road Improvements. Staff recommends that the Board also adopt this Six Year Program, BUDGET IMPACT: The Six Year Road Planning process primarily establishes the County's priorities for the expenditure of StateNDOT secondary road construction funds. The County has already directed VDOT to transfer previously allocated funding from the Proffit Road, Old Ivy Road and Northern Free State Road projects to Meadow Creek Parkway, Funding has not been reduced for Jarman's Gap Road and Georgetown Road projects in an effort to maintain the current construction schedules. Additionally, funding is already earmarked in the CIP for revenue sharing and transportation projects to match the Revenue Sharing Program funding request for FY 07. RECOMMENDATIONS: Staff recommends that the Board of Supervisors approve the County Priority List of Secondary Road Improvements (Attachment C) and authorize the County Executive to sign the VDOT Secondary System Construction Program for Albemarle County consistent with the County's Priority List (consistent with the draft provided in Attachment D). ATTACHMENTS Attachment A - Fundinq Information on Proiects In VDOT's Six Year Construction Program Attachment B - Bridge Priority List Attachment C - Draft List of Strateqic Priorities for the Six Year Secondary Road List Priority List for Pavinq Proiects (reqular and rural rustic) Technical Addendum Attachment D1 - Secondary System Construction Proqram Estimated Allocations Attachment D2 - Secondary System Construction Proqram 07,019 . ~ ~ o (ji. c OJ 0" .:< ~ 8 - ~ a 5' 3 S. tll o' ::J OJ (fO S' ~ ~ S- o. - m C 0. 5- S' ~ !l) (3 ~ 3 5 St ur ~ (fO :T"O o (3 :E ro OJ () 5' ur -0 ~ ro 0. 6. ~ C < (fO m ~ ~ o m () (f) ~ :T 0' ~ :J ::i' (J):: to Q ~ "TI 0. 5 OJ 9, to OJ to S. OJ -< m ~ -0 w OJ, () Q. 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W )> r m m s: )> ::0 r m o o c Z -4 -< "'tJ ::0 o ::0 -4 -< r en -4 "T1 o ::0 en m o o z o )> ::0 -< ::0 o )> o s: "'tJ ::0 o < m s: m z -4 en -I m ("') :::c z ("') :J> r :J> C C m z c c s: "T1 o :::0 CJ) -I :::0 :J> -I m G> ("') "'tJ ~ o :::0 :3 m CJ) . m >< :T c- ;:+ () Secondary System Albemarle County Construction Program Estimated Allocations Fund FY2008 FY2009 FY2010 FY2011 FY2012 FY2013 Total ---------------------------------------------- Formula Secondary Mixed $0 $0 $0 $0 $0 $0 $0 Secondary Unpaved Roads $609,565 $501,743 $372,684 $376,216 $337,710 $337,710 $2,535,628 TeleFee $263,581 $260,945 $258,336 $255,752 $253,195 $253,195 $1,545,004 STP Converted from 1M $199,661 $200,279 $247,052 $187,985 $163,360 $163,360 $1,161,697 STP $102,028 $99,466 $540 $130,630 $2,902 $2,902 $338,468 MG Formula $168,022 $164,587 $164,041 $160,848 $202,887 $202,887 $1,063,272 BR Formula $219,862 $298,399 $0 $0 $0 $0 $518,261 Formula STP - Match $480,746 $453,491 $352,480 $361,386 $391,387 $391,387 $2,430,877 State Funds $586,646 $0 $0 $0 $0 $0 $586,646 Formula STP $1,233,413 $1,246,054 $1,271,564 $1,297,596 $1,324,160 $1,324,160 $7,696,947 ---------------------------------------------- Total $3,863,524 $3,224,964 $2,666,697 $2,770,413 $2,675,601 $2,675,601 $17,876,800 Board Approval Date: 1/5/2006 James Utterback Residency Administrator Date Robert W, Tucker County Administrator Date Page 1 of 6 -u III (Q CD I\l S- <D 0 Im m 0 ~ i!' 0 Im )> 0 '" 2! 0 Im m 0 ~ 2! 0 Im m 0 ~ i!' 0 Im m 0 '" i!' =1' ~ ~ f," ., :D 0 mm 0 " 0 mm )> 0 ,. 0 mm .... 0 '" 0 mm .... 0 :: 0 mm 0 '" -0 g g 0 ~ 0 0 ~ 0 0 0 :: w 0 ~. -c -c " )>0 Z ~ 0 ,. )>0 :D Z '" w )>0 ." 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() 0 o c: ;::: CQ "U :r r- t.) ~ 0 ::j .... -< t.) )> I Z .... o Co) o ;U )> ~ ~ OJ r- m ." c Z o z .9 (:) Z C )> :::c -(! :::c o )> c s: "'tJ :::c o < m s: m z ~ CJ) 'TI o :::c c z "'tJ )> < m c :::c o )> c CJ) m >< ::T g (") ORDINANCE NO. 07-17( ) AN ORDINANCE TO AMEND CHAPTER 17, WATER PROTECTION, OF THE CODE OF THE COUNTY OF ALEMARLE, VIRGINIA, BY AMENDING ARTICLE I, GENERAL, ARTICLE III, STORMWATER MANAGEMENT AND WATER QUALITY, ARTICLE IV, GROUNDWATER ASSESSMENTS, AND BY ADDING ARTICLE V, ILLICIT DISCHARGES AND CONNECTIONS BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 17, Water Protection, is amended and reordained as follows: By Amending: Sec. 17-102 Purposes Sec. 1 7-104 Defin it ions Sec, 17-105 Designation of program authority; powers and duties Sec. 17-300 Applicability Sec, 17-301 Designation of water resources areas Sec. 1 7-402 Tier 2 Assessments Sec. 17-403 Tier 3 Assessments Sec. 17-404 Tier 4 Assessments By Adding: Sec. 17-107 Relation of chapter to other laws Sec. 17-500 Applicability Sec. 17-501 Illicit discharges prohibited; exempt and authorized discharges Sec, 17-502 Illicit connections prohibited Sec. 17-503 Dumping prohibited Sec. 17-504 Maintaining the functional performance of streams Sec. 17-505 Inspections and monitoring Sec. 17-506 Discovery, containment, cleanup and notification of discharge Sec. 17-507 Penalties and remedies CHAPTER 17 WATER PROTECTION ARTICLE I. GENERAL Sec. 17-102 Purposes, The board of supervisors finds that this chapter is necessary to protect the health, safety and general welfare of the citizens of the county and the Commonwealth of Virginia and to prevent water from being rendered dangerous to the health of persons living in the county, and is supported by the findings of watershed studies that have been conducted. Therefore, the specific purposes of this chapter are to: 1. activities; inhibit the deterioration of state waters and waterways resulting from land disturbing 2. protect the safety and welfare of citizens, property owners, and businesses by minimizing the negative impacts of increased stormwater discharges from new land development and redevelopment; 3. protect against and minimize the pollution and eutrophication of public drinking water supplies resulting from land development; 4. erosion; control nonpoint source pollution, erosion and sedimentation, and stream channel 5. maintain the integrity of existing stream channels and networks for their biological functions, drainage, and natural recharge of groundwater; 1 6. functions; protect the condition of state waters for all reasonable public uses and ecological 7, provide for the long-term responsibility for and maintenance of storm water management facilities and best management practices; 8. regulate the discharge of pollutants into storm drainage systems and state waters by prohibiting illicit discharges and connections, and the dumping of refuse and pollutants; the board of supervisors hereby determines that applying such regulations to not only the county's municipal separate storm sewer system but also to privately owned and operated storm drainage systems and state waters is necessary to prevent any further degradation to water resources; 9. facilitate the integration of stormwater management and pollution control with other county ordinances, programs, policies, and the comprehensive plan; and 10. promote the long-term sustainability of groundwater resources, (97-1,6-18-75,92,2-11-87,3-18-92; 9 19,1-4, 9-29-77, art, 1,91,7-11-90; 9 19,2-2, 6-19-91,92; 9 19.3-3,2-11-98; Code 1988, 997-1,19.1-4,19.2-2,19.3-3; Ord, 98-A(1), 8-5-98; Ord, 04-17(1), adopted 12-8-04, effective 2-8-05; Ord. 07-17(1), 2-14-07) State law reference-oVa, Code SS 10,1-560 et seq" 10,1-603,1 et seq., S10,1-2108, Sec. 17-104 Definitions. The following definitions shall apply in the interpretation and implementation of this chapter: (4) Best management practice (BMP). The term "best management practice (BMP)" means a practice or combination of practices, including treatment practices, operating procedures, general good housekeeping practices, pollution prevention, prohibitions of activities, education practices, and other management practices, determined by the program authority to be the most effective, practical means of preventing or reducing the amount of water pollution generated by non point sources to a level compatible with water quality goals. (10) County engineer, The term "county engineer" means the county engineer within the department of community development or his designee. (12) Department of community development, The term "department of community development" means the county department of community development. (12,1) Department of general services, The term "department of general services" means the county department of general services. (20.1) Hazardous substance, The term "hazardous substance" means any substance designated as such under the Virginia Code and 40 CFR Part 116 (2000) pursuant to 9 311 of the Clean Water Act, codified in 33 U.S,C, 9 1251 et seq. (20.2) Illicit discharge, The term "illicit discharge" means any discharge to the storm drainage system that is not composed entirely of stormwater, excepting discharges pursuant to a Virginia Pollutant Discharge Elimination System ("VPDES") or Virginia Storm Management Program ("VSMP") permit (other than a VSMP permit for discharges from the municipal separate storm sewer), discharges resulting from fire fighting activities, and discharges identified by and in compliance with 4 VAC 50-60-1220(C)(2), as delineated in section 17-501, 2 (20,3) Illicit connection, The term "illicit connection" means either: (a) Any drain or conveyance, whether on the surface or subsurface, that allows an illicit discharge to enter the storm drainage system, and includes but is not limited to: (i) any conveyances that allow sewage, process wastewater, wash water or pollutants to enter the system; and (ii) any connections to the system from indoor drains and sinks, regardless of whether such connections were previously allowed, permitted, or approved by the county or any other government agency; or (b) Any drain or conveyance connected to the storm drainage system from a commercial or industrial use that has not been approved by the county in a site plan, subdivision plat, or other plan or permit. (26.1) Municipal separate storm sewer system ("MS4"), The term "municipal separate storm sewer system" means all separate storm sewers comprising the system of conveyances, including roads with drainage systems, public streets, catch basins, sidewalks, curbs, gutters, ditches, manmade channels, or storm drains: (i) owned or operated by the county; (ii) designed or used for collecting or conveying stormwater; (iii) that are not a combined sewer; and (iv) that are not part of a publicly owned treatment works. (29.1) Non-stormwater discharge. The term "non-stormwater discharge" means any discharge to the storm drainage system or state waters that is not comprised entirely of stormwater. (35.1) Person. The term "person" means a natural person, corporation, partnership, sole proprietorship, trust, trustee, joint venture, or any other entity. (36.1) Pollutant. The term "pollutant" means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 USC 92011 et seq,)), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. (a) The term "pollutant" includes, but is not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquids and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. (b) The term "pollutant" does not include: (i) sewage from vessels; or (ii) water, gas, or other material that is injected into a well to facilitate production of oil or gas, or water derived in association with oil and gas production and disposed of in a well if the well used either to facilitate production or for disposal purposes is approved by the Virginia Soil and Water Conservation board and if the board determines that the injection or disposal will not result in the degradation of ground or surface water resources. (36.2) Premises, The term "premises" means any building or structure, or any lot or parcel, whether improved or unimproved, and including adjacent curbs, gutters, sidewalks and planting strips, (37) Program authority. The term "program authority" means the department of community development, and except where the context clearly indicates otherwise, includes any officer or employee of the department of community development or the department of general services authorized by the director of the department of community development to act pursuant to this chapter. 3 (43.1) Storm drainage system, The term "storm drainage system" means the municipal separate storm sewer system and any privately owned and maintained improvements by which stormwater is collected and/or conveyed and which ultimately discharges to state waters, including but not limited to, street drainage systems, streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, human-made or altered drainage channels, ponds, and other drainage structures. (43.2) Storm water, The term "stormwater" means precipitation that is discharged across the land surface or through conveyances to one or more waterways and that may include stormwater runoff, snow melt runoff, and surface runoff and drainage. (47.1) Virginia Pollutant Discharge Elimination System (VPDES) permit, The term "Virginia Pollutant Discharge Elimination System (VPDES) permit" means a document issued by the State Water Control Board pursuant to the State Water Control Law authorizing, under prescribed conditions, the potential or actual discharge of pollutants from a point source to surface waters and the use or disposal of sewage sludge. (97-2, 6-18-75, 94, 7-9-80,2-11-87, 3-18-92, 9 19,1-5, 9-29-77, art. I, 92, 9-13-78, 7-11-90, 8-3-94; 9 19.2-4,6-19-91; 9 19,3-5,2-11-98; Code 1988, 997-2,19.1-5,19.2-4,19.3-5; Ord. 98-A(1), 8-5-98; Ord, 07-17(1),2-14-07) State law reference-oVa, Code SS 10,1-560, 10,1-603,2, Sec. 17-105 Designation of program authority; powers and duties. A. The board of supervisors hereby designates the department of community development as the program authority. B, The program authority shall administer and enforce this chapter as authorized by law. C. The program authority shall establish reasonable administrative procedures for the administration of this chapter, including developing and maintaining for article III a design manual containing information about the content of plans required by article III, calculation methods, maintenance and inspection procedures, and other information to assist with the implementation and enforcement of article III. The program authority shall update the design manual periodically. The manual shall be consistent with this chapter and all applicable statutes and regulations. D, The program authority shall assure that the erosion and sediment control program set forth in article II is administered by a certified program administrator, a certified plan reviewer, and a certified project inspector. Such positions may be filled by the same person, E, The program authority shall take appropriate enforcement actions to achieve compliance with this chapter, and shall maintain a record of enforcement actions for all active land disturbing activities, land developments, illicit discharges, illicit connections, and prohibited dumping, F. The program authority is authorized to cooperate with any federal or state agency in connection with plans for erosion and sediment control or stormwater management. The program authority may also recommend to the county executive any proposed agreement with such agency for such purposes, which agreement shall be executed, if at all, by the county executive on behalf of the county. (97-9,4-21-76,2-11-87,3-18-92; 9 19,3-6,2-11-98; Code 1988, 997-9,19.3-6; Ord. 98-A(1), 8-5-98; Ord. 07-17(1), 2-14-07) State law reference-oVa. Code 99 10.1-562, 10,1-603.3. 10.1-603.12:1 et seq, 4 Sec. 17-107 Relation of chapter to other laws The requirements of this chapter are: A. Separate from, but supplementary to, all other applicable requirements of the Code. Compliance with the requirements of this chapter shall not be deemed to be compliance with other applicable ordinances or regulations. B. Separate from, but supplementary to, all other applicable requirements of state or federal law. If the requirements of this chapter are in direct conflict with mandatory state or federal requirements, then the state or federal requirements shall apply. C. Separate from the requirements, terms or conditions of any private easement, covenant, agreement or restriction. Neither the county nor any of its officers, employees or agents shall have any duty to enforce a private easement, covenant, agreement or restriction. ARTICLE III. STORMWATER MANAGEMENT AND WATER QUALITY Sec. 17-300 Applicability. Each owner shall comply with the requirements of this article prior to commencing any land development, or allowing any land development to occur, on his property and at all times thereafter. (919,1-6,9-29-77, art, 11,91,10-19-77,9-13-78,10-22-80,7-11-90,8-3-94; 9 19,2-5,6-19-91,95; 9 19.3-24,2-11-98; Code 1988, 99 19,1-6, 19.2-5, 19.3-24; Ord. 98-A(1), 8-5-98; Ord, 07-17(1), 2-14-07) State law reference-oVa, Code ss 10,1-603,3, 10,1-603,9, 10.1-2108. Sec. 17-301 Designation of water resources areas. In order to better effectuate the purposes of this article, all of the land within the county is hereby designated as being within one or more of the following water resources areas: A. Development areas: Development areas are those areas of land within the county designated as development areas in the land use element of the comprehensive plan, and as shown on the official map of the land use element. B. Areas of infi/! and redevelopment: Areas of infill and redevelopment are those areas of land within the county that are: (i) within a development area; and (ii) designated as areas of infill and redevelopment for purposes of this article by the board of supervisors, and as shown on the official map adopted showing such areas. The board of supervisors shall designate such areas based on a finding that existing development has altered severely the natural condition of the area, including the presence of vegetation, and that infill and redevelopment activities would serve other community and comprehensive plan goals. C. Water supply protection areas: Water supply protection areas are those areas of land within the county that are within the watershed of a public water supply reservoir or water supply intake, and such areas shall consist of all land within the county that drains naturally to the South Fork Rivanna Reservoir, Beaver Creek Reservoir, Totier Creek Reservoir, Sugar Hollow Reservoir, Ragged Mountain Reservoir, Chris Greene Lake, the North Fork Rivanna River intake, and to any impoundment or water supply intake designated in the future by the board of supervisors as a public water supply reservoir. D. Other rural land: Other rural land consists of those areas of land that are not within a development area, an area of infill and redevelopment, or a water supply protection area, (9 19,2-6, 6-19-91, 96; 9 19,3-25,2-11-98; Code 1988, 99 19,2-6, 19.3-25; Ord, 98-A(1), 8-5-98; Ord. 07- 17(1),2-14-07) 5 State law reference-oVa. Code ~ 10.1-2108, ARTICLE IV. GROUNDWATER ASSESSMENTS Sec. 17-402 Tier 2 assessments. A Tier 2 assessment shall consist of the program authority reviewing and evaluating the county's well database, available hydrogeologic studies, and information from the Virginia Department of Health and the Virginia Department of Environmental Quality, as provided in chapter 2 of the design standards manual. Based on this evaluation, the program authority may require that the owner provide additional groundwater assessment data prior to subdivision plat or site plan approval, or may require that a Tier 3 assessment be submitted. (~402, Ord, 04-17(1), 12-8-04, effective 2-8-05; Ord, 07-17(1), 2-14-07) Sec. 17-403 Tier 3 assessments. A Tier 3 assessment shall consist of the following: A. The owner shall submit a draft groundwater management plan with the preliminary plat or site plan. The groundwater management plan shall comply with the requirements for such plans in chapter 2 of the design standards manual. If the groundwater management plan identifies special areas of concern, such as an off-site resource of high groundwater sensitivity or a previously unknown source of contamination, then the program authority may require additional groundwater assessment data prior to preliminary subdivision plat or site plan approval. B. The owner shall submit a final groundwater management plan that must be approved by the program authority prior to approval of the final plat or site plan. C. Any structural measures (e.g., best management practices) shall be bonded as a subdivision plat or site plan improvement. The program authority may require that a Tier 4 assessment be submitted instead of a Tier 3 assessment if the special areas of concern identified in subsection (A) have not been adequately addressed by the additional groundwater assessment data. (~17-403, Ord. 04-17(1),12-8-04, effective 2-8-05; Ord, 07-17(1), 2-14-07) Sec, 17-404 Tier 4 assessments. A Tier 4 assessment shall consist of the following: A. The owner shall submit a draft groundwater management plan and an aquifer testing workplan complying with the requirements for such plans in chapter 2 of the design standards manual, with the preliminary plat, preliminary site plan, or the application for a central water supply, The groundwater management plan must demonstrate to the program authority's satisfaction that the site's groundwater conditions have been considered with the subdivision or site plan's layout and design, The aquifer testing workplan must be approved by the program authority before the owner may conduct aquifer testing as required by subsection (B). B, After the program authority approves the aquifer testing workplan, the owner shall conduct aquifer testing as provided in the workplan. C. The owner shall submit a final groundwater management plan and a groundwater assessment report complying with the requirements for such a report in chapter 2 of the design standards manual, based upon the results of the aquifer testing. The final groundwater management plan and the groundwater assessment report must be approved by the program authority prior to final subdivision plat or site plan approval. 6 D. Any structural measures (e.g., best management practices) shall be bonded as a subdivision plat or site plan improvement. (9404, Ord, 04-17(1),12-8-04, effective 2-8-05; Ord. 07-17(1),2-14-07) ARTICLE V. ILLICIT DISCHARGES AND CONNECTIONS Sec. 17-500 Applicability. This article shall apply to all activities that cause or allow to be caused direct or indirect illicit discharges, illicit connections, and the prohibited dumping of refuse and pollutants, or which negatively impede the flow capacity of the storm drainage system or state waters that (i) are not covered by other articles of this chapter and (ii) are not expressly exempt from this article, State law reference-oVa, Code SS 10.1-603,3,10,1-603.7, Sec, 17-501 Illicit discharges prohibited; exempt and authorized discharges. No person shall throw, drain, or otherwise discharge, cause or allow others under their control to throw, drain, or otherwise discharge into the storm drainage system or state waters any pollutants or waters containing any pollutants, other than stormwater. The commencement, conduct, or continuance of any such illicit discharge to the storm drainage system or state waters is prohibited, subject to the following: A. this article: Conditionally exempt discharges. The following discharges are conditionally exempt from 1. Discharges pursuant to a Virginia Pollutant Discharge Elimination System ("VPDES") or Virginia Storm Management Program ("VSMP") permit (other than a VSMP permit for discharges from the municipal separate storm sewer); 2, Discharges resulting from fire fighting and other public safety activities; 3. Discharges associated with the maintenance or repair of public water, sanitary, and storm sewer lines, and public drinking water reservoirs and drinking water treatment or distributions systems conducted in accordance with applicable federal and state regulations and standards; 4. Discharges associated with any activity by the county, its employees and agents, in the maintenance of any component of a county-maintained stormwater management facility conducted in accordance with applicable federal and state regulations and standards; 5. Discharges specified in writing by the program authority as being necessary to protect public health and safety; 6. Water line flushing; 7. Landscape irrigation and lawn watering; 8. Non-point discharges associated with agricultural and silvicultural operations; 9, Diverted stream flows; 10. Rising ground water, springs, uncontaminated ground water infiltration, and pumped ground water; 11. Flows from riparian habitats and wetlands; 7 condensation; 12, Discharges from potable water sources, foundation drains, and air conditioning 13. Water from crawl space pumps and footing drains; 14. House washing and individual car washing on residential lots; 15, De-chlorinated swimming pool discharges having less than 1 part per million chlorine and discharges from hot tubs; 16. Street wash water; 17, Water from washed parking lots or sidewalks to remove algae or oil buildup; lots. 18. Application of salts or other de-icing substances to streets, sidewalks and parking 19, Discharges associated with dye testing, provided that the program authority is notified in writing before the test. If the program authority determines that any of these exempted activities are causing adverse impacts to state waters in a specific case, the program authority may revoke the exemption for that specific case and such revocation shall be effective from the date the person responsible for the discharge is informed in writing of the determination that the exemption is revoked, B. Discharges authorized by VPDES permit, waiver or waste discharge order. The prohibition shall not apply to any non-stormwater discharge permitted under a VPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the United States Environmental Protection Agency (EPA), provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations and provided that written approval has been granted for any discharge to the storm drainage system, State law reference-oVa. Code SS 10.1-603,3, 10.1-603,7, Sec. 17-502 Illicit connections prohibited. The construction, use, maintenance, or continued existence of illicit connections to the storm drainage system is prohibited. A, Pre-existing illicit connections. Any illicit connection previously authorized before the effective date of this chapter shall comply with the requirements of this chapter by December 31,2007, or such later date as expressly authorized by the program authority upon good cause shown by the person requesting the extension, B. Disconnection and redirection. Any illicit connection shall be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system upon approval of the Albemarle County Service Authority. C. Locating undocumented connections. Any drain or conveyance that has not been documented in plans, maps, or their equivalent and which appears to be connected to the storm drainage system shall be located by the owner, occupant, lessee, principal, agent, employee or otherwise, of that property within the time period specified in the written notice of violation from the program authority requiring that the connection be located. The notice shall require that: (i) the location of the drain or conveyance be determined; (ii) the drain or conveyance be identified as a storm sewer, sanitary sewer, or other; and (iii) the outfall location or point of connection to the storm drainage system, sanitary sewer system, or other discharge point be identified, The results of these investigations shall be documented and provided to the program authority. State law reference-oVa, Code SS 10,1-603,3, 10,1-603,7. 8 Sec. 17-503 Dumping prohibited. No person, whether the owner, occupant, lessee, principal, agent, employee or otherwise, may dump or discharge, or allow any other person to dump or discharge, refuse, as that term is defined in section 13-100 of the Code, or any other material or pollutant, natural or synthetic, into the storm drainage system or a natural stream, unless the dumping or discharge is expressly authorized by the Code. Sec. 17-504 Maintaining the functional performance of the storm drainage system and streams. The storm drainage system and natural streams shall be maintained as follows: A. Keeping the storm drainage system and natural streams free of refuse and other obstacles. Every person, whether the owner, occupant, lessee, principal, agent, employee or otherwise, owning, occupying or otherwise responsible for the condition of the property through which a privately- maintained storm drainage system or natural stream passes, shall maintain the part of such system or stream on the property free of refuse, as that term is defined in section 13-100 of the Code, and other obstacles that would pollute, contaminate, or adversely impact the system's or stream's functional performance. B, Maintaining structures within the flood hazard overlay district. Every person, whether the owner, occupant, lessee, principal, agent, employee or otherwise, owning, occupying or otherwise responsible for the condition of the property through which a natural stream passes, shall maintain existing privately-owned structures within the flood hazard overlay district established under section 18- 30.3 of the Code so that such structures do not become a hazard to the use, function, or physical or ecological integrity of the stream, State law reference-oVa, Code SS 10,1-603.3,10,1-603,7, Sec. 17-505 Inspections and monitoring. The program authority is authorized to assure compliance with the requirements of this article as follows: A. Inspections and monitoring, generally. The program authority is authorized to conduct inspections of private property and to conduct monitoring of storm drainage systems, natural streams, and facilities permitted by VPDES permits, in the manner authorized by law to assure compliance with the requirements of this article. B, Inspection of records of VPDES permittees. Every VPDES permitee shall allow the program authority to examine VPDES application materials, plans, specifications, and other pertinent information as may be necessary to determine the effect of the permittee's discharge on the quality of state waters, such other information as may be necessary to accomplish the purposes of this article, including records required to be kept under the conditions of the permit, and enforcement records such as inspection reports, notices of violation, and documents detailing the nature of any land disturbing activity that may have occurred, or similar documents, that are not exempt from disclosure under Virginia Code 9 10,1-603,12:2. C. Monitoring and sampling equipment on VPDES permitted facilities. The program authority is authorized, either under a condition of the VPDES permit, with the permittee's consent or by court order: (i) to establish on any permitted facility such devices as are necessary in the opinion of the program authority to conduct monitoring andlor sampling of the facility's stormwater discharge; and (ii) to require the permittee to install monitoring equipment as the program authority deems necessary, The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the permittee at its own expense, All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. 9 D. Obligation of VPDES permittee to assure clear access. At the written or oral request of the program authority, every VPDES permittee shall promptly remove any temporary or permanent obstruction to safe and easy access to the permitted facility to be inspected andlor sampled, and such obstructions shall not be replaced. The costs of removing such obstructions shall be borne by the operator. State law reference-oVa. Code SS 10,1-603,3, 10,1-603,7, 10,1-603.12:1, 10,1-603,12:2, Sec. 17-506 Discovery, containment, cleanup and notification of discharge. If a discharge occurs or is suspected to have occurred, the following procedures shall apply: A. Discovery, containment and cleanup. Notwithstanding any other requirement of law, as soon as any person responsible for a facility, operation, or activity, or responsible for the emergency response for a facility, operation, or activity, has information of any known or suspected discharge of substances which are resulting or may result in an illicit discharge into the storm drainage system or state waters, that person shall take all necessary steps to ensure the discovery, containment, and cleanup of the discharge. B. Notification, The person identified in subsection (A) also shall provide the following notification of the discharge: (i) if the discharge contains, or may contain, a hazardous substance, the person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services; and (ii) if the discharge contains, or may contain, only non-hazardous substances, the person shall notify the program authority in person, by phone, by email, or by facsimile no later than the next business day, Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the program authority within five (5) business days of the phone notice. C. Record of discharge from commercial or industrial establishment. If an illicit discharge is from a commercial or industrial establishment, the owner or operator of the establishment shall retain on- site a written record of the discharge and the actions taken to prevent its recurrence, Such records shall be retained for at least two (2) years and a copy thereof shall be provided to the program authority within fifteen (15) days of the date of the discharge. State law reference-oVa, Code SS 10,1-603.3, 10,1-603,7, 10.1-603,11, Sec. 17-507 Penalties and remedies, The penalties and other remedies for a violation of this article shall be as provided in Virginia Code S 10,1-603.14, State law reference-oVa. Code S 10,1-603.14. I, Ella W. Carey, 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 by a vote of six to zero, as recorded below, at a meeting held on Februar 1 007. 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CD CDo. 0' Q) ..., (") 1\). a 01"0 0'- o Q) .....::J C"'o. c. ~: CD ..... ....... =r - CD en CD O'"n c~ i~ .,w - ~ ....... c c ~ o ca Dr -- ~ o ., CD tn Dr 0'" - -- tn ::r tn .. ca Q) 3 CD I -g ~. ..., CD Q) 3 - CD 0 ::J ~ r-+ C/) r-+ Q) ~ r-+ o CD ::J 0' ..., (") CD I\.') CJ1 I 0' o r-+ en f""'1a ..., CD tu 3 c- c: ~ ..., o :J c- c ar ..., ... ... (") ..., o "'C - tu :J c.. en ... ... ::J o ::J I 3 Q) ::J Cl. Q) r-+- CD c.. I o Q) Q) -, a. . I' ~OCD ::J -C -, Q) ,..... "'C ::J -C C 0-'0- CD 0 - -C -- Q) 0 0 3 en :::T CD CD CD ::J a. ~ a. -- 3 c.5 CD - ::J ,..... en - ;0 CD C1 o 3 3 CD ::J c.. Q) r-+ -- o ::J . . ,<~p.:;~~-~~:~ /../ t ",., /1/ ...(-1 ({-~ \I~" RIVANNA WATER & SEWER AUTHORITY 695 MOORES CREEK LANE . CHARLOTTESVILLE. VIRGINIA 22902-9016 (434) 977-2970 . FAX: (434) 293-8858 . WEBSITE: WWW.RIVANNA,ORG February 14,2007 Mr. Greg Harper Water Resources Manager Albemarle County Planning Division 40 I McIntire Road Charlottesville, V A 22902 ::<' pi '01 . cr-- '1Y\~ Dear Mr. Harper: Before you today is a proposed amendment to the Albemarle County Water Protection Ordinance (WPO). While the primary focus of the amendment is the addition of an article to address illicit stormwater discharges, a minor amendment seeks to include the drainage area upstream of the North Fork River Intake as a water supply protection area. Currently, the Rivanna Water & Sewer Authority (RWSA) operates Beaver Creek, Totier Creek, Ragged Mountain, Sugar Hollow, and the South Fork Rivanna Reservoirs; all of which are within water supply protection areas. Although not a water impoundment, the North Fork Rivanna raw water intake serves as the primary water supply to the northern reaches of the ACSA jurisdictional service area along Route 29. At this time, I would like to express RWSA's full support for the inclusion of this drainage area as a water supply protection area. thereby providing additional water quality protections such as buffer and water quality enhancements. I believe that this amendment is a fine example of our collective regional efforts to enhance and maintain the quality of our watershed and the source water it provides. Tpank you for your consideration. I I I ~incer~ I- i li r cc: Mr. Robert W. Tucker, Jr., County Executive ~~ ~u~, FED 14 ZOO7 ~~ S:\Board\Board of Supervisors\No~W~e;:~HV~thl!tfte1lt t1\H~LE COUNTY Haden Place: rerSUllal VPllllUUl uo.u.....u.....u. Reminder: AOl will never ask yoo to send us yoor password or credit card number In an emall. This message has been scanned for known viruses, From: sedwards@terraconceptspc.com To: wwghomes@aol.com Subject: Date: Haden Place: Personal Opinion/Statement Wed. 14 Feb 2007 2:24 PM Dear Mr. Chairman and other Board members. I would like to speak on the behalf of Gibson Homes and their project before you tonight. Unfortunately due to the weather and having to watch our kids I am not able to attend in person, Therefore, I've asked Mr, Gibson to share my personal thoughts. I currenlly reside at 422 Cranberry Lane in Crozet, VA. The neighborhood in which I live is called Parkside Village, and as some of you know, is located next to Claudius Crozet Park and was one of the first of this type of neighborhood to evolve out of the Neighborhood Model discussions and Crozet Master Plan. Parkside Village is approximately 70 homes of which 35 are SFD and the rest are TH's. The streets are classified as urban and throughout the day the sidewalks are used frequently by both walkers and kids alike, Homes are situated close together as well as to the street; giving a great neighborly feel to the project. Enhancing the street appeal are white picket fences just behind the public sidewalks that delineate each front yard from the street but certainly do not discourage conversations. Having lived there for over a year now, my family and I have become very close to our neighbors and feel apart of the overall neighborhood, Certainly Haden Place is not Parkside Village, but I definitely imagine it being a wonderful neighborhood and asset to the larger Crozet community. Haden Place appears to comply with both the Neighborhood Model principles and Crozet Master Plan. Gibson Homes appears to have given atlention to how pedestrians circulate, the scale and friendliness ofthe streetscape, interconnectivity to the adjacent trails and communities, amenities (such as the pocket parks and ample open space surrounding/buffering the residents), mixture of unit types, relegated parking and respecting the terrain, as well as providing the affordable product along with the other NM principles, In conclusion. I would encourage you all to approve this project at the time of your vote. Sincerely and Respectfully, Steve Edwards ~"~~ ~.OO1- IS "- ~~ http://m03.webmai1.ao1.com/23 546/aoVen-us/maill display -message.aspx 2/14/2007 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Ordinance to Amend County Code Chapter 17, Water Protection AGENDA DATE: February 14, 2007 SU BJECT/PROPOSALlREQU EST: Public hearing to receive comments on a proposed ordinance to amend County Code Chapter 17, Water Protection, to incorporate rules prohibiting illicit discharges to any storm sewer system or state waters. ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): Messrs. Tucker, Foley, Davis, Kamptner, Shadman, Harper ATTACHMENTS: Yes REVIEWED BY: LEGAL REVIEW: Yes BACKGROUND: Albemarle County, under its Virginia Pollutant Discharge Elimination System (VPDES) permit, must implement a program to detect and eliminate illicit discharges to its storm sewer system. One component of this program is the adoption of an ordinance prohibiting non-stormwater discharges into the storm sewer system, The proposed text amendments to the Water Protection Ordinance (WPO) would satisfy this component of the state mandate, In addition to a new article in the WPO regarding illicit discharges and connections, other housekeeping-type amendments are proposed to the WPO, including: 1) designating the watershed of the North Fork Rivanna River intake as a water supply protection area, 2) correcting an impediment to enforcing stream buffer requirements for crop lands, and 3) updating obsolete language throughout the WPO. STRATEGIC PLAN: Goal 2: Protect the County's Natural Resources. DISCUSSION: Albemarle County is regulated as an operator of a small municipal separate storm sewer system (MS4) by the Virginia Department of Conservation and Recreation, Under the VPDES program, the County is mandated to protect water resources through the implementation of six minimum control measures. Measure three is illicit discharge detection and elimination (IDDE). IDDE is a strategy to keep non-stormwater pollutants - such as sewage, wash water, vehicle fluids, and food wastes- from entering the storm sewer system and, ultimately, natural streams. According to the Center for Watershed Protection, past studies have indicated that non-stormwater flows from storm sewer systems may contribute a greater quantity of some pollutants than stormwater flows. While County staff have already developed and have begun implementing methods to locate and eliminate possible illicit discharges, the County is required to expressly prohibit these discharges. A condition of the County's VPDES permit reads: "To the extent allowable under state, tribal or local law, effectively prohibit, through ordinance, or other regulatory mechanism, non-stormwater discharges into the storm sewer system and implement appropriate enforcement procedures and actions," A review of existing County ordinances reveals only two that are remotely related to IDDE: Sec. 13-300 - Dumping waste on public property, a public highway, right-of-way, or on private property, A. It shall be unlawful for any person to dump or otherwise dispose of refuse or other unsightly matter on public property, including a public highway, right-of-way, property adjacent to such highway or right-of-way, or on private property without the written consent of the owner thereof or his agent. Sec. 16-404 - Prohibited Waste Discharges No person shall discharge or cause to be discharged into any portion of the sewerage system, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the collection system or sewage treatment plant; constitute a hazard to human life or health, interfere with or impede the disposal of treatment by-products such as scums and sludges; pass through the treatment system so as to violate any local, State or Federal stream standard; or create a public nuisance. AGENDA TITLE: Ordinance to Amend County Code Chapter 17, Water Protection AGENDA DATE: February 14, 2007 Page 2 of 3 Neither of these sections is particularly applicable to IDDE. Section13-300 is concerned with solid and semi-liquid wastes and does not explicitly mention storm sewer systems or natural streams. Section 16-404 is similar in intent to the IDDE program but is relevant only to the sanitary sewer system. In addition to the County Code, the Virginia Uniform Statewide Building Code contains rules which require the connection of both residential and commercial plumbing fixtures to a sanitary sewer or approved private sewage disposal system. Proposed Illicit Discharge Rules The proposed amendment language (Attachment A) is derived from a model ordinance developed by the Center for Watershed Protection and refined by way of staff discussions. Major features of the draft amendment are: . prohibition of illicit non-stormwater discharges and connections to the storm drainage system and natural streams throughout the County; . exemption of certain activities and discharges serving identified public purposes and other common activities determined to be insignificant contributors of pollutants; . prohibition of dumping trash and debris into the storm drainage system and natural streams; . authorization of the WPO program authority to inspect and monitor for illicit discharges, connections and dumping; . responsibility of persons to discover, contain, clean up and notify; . enforcement and penalties. The County is specifically required to take measures to prevent illicit discharges to its MS4 (municipal separate storm sewer system). However, the purpose of this requirement is to protect receiving streams and other water resources. The County, unlike the City of Charlottesville, for instance, does not own and maintain a significant MS4. The County has only a few small, discrete storm sewer systems located on County-owned properties. The state enabling authority allows localities to adopt regulations that do more than the minimum provided by state law. In order to effectively fulfill the intent of the state mandate and the County's VPDES permit, the proposed amendment extends the range of the County's authority to include any storm sewer system (public or private) and all state waters within the County. The proposed IDDE ordinance amendment would give staff the authority needed to effectively bring to an end any identified prohibited illicit discharges. Other Text Amendments (not mandated) Additional housekeeping-type amendments to the WPO are proposed, including: Updates to outdated language - These updates include changing terminology such as "department of engineering and public works". North Fork Rivanna River intake - The WPO grants protection to the public water supply through 1) the designation of water supply protection areas and 2) imposing more stringent stream buffer and stormwater management requirements in these areas. The North Fork Rivanna River intake is the primary source of potable water for the northern portions of the Albemarle County Service Authority jurisdictional area and yet is currently lacking the same level of protection as that for water supply reservoirs because this intake is not included in the definition of water supply protection areas in the WPO. The proposed text change will include the watershed of the North Fork Rivanna River intake in the definition of water supply protection areas. Stream Buffer Requirement for Crop Lands- Section 17-317(D) of the WPO states that a 25-foot buffer be retained or established along perennial streams and contiguous wetlands located on agricultural lands used for crop land, However, staff has not been able to enforce this requirement because agricultural uses are not one of the listed uses in the applicability section (Section 17-300) to which Section 17-317 pertains. Removing the list of use classifications from this clause will correct this issue. The proposed change will not alter any other aspect of the WPO as it relates to agricultural activities - all those uses currently exempted (agricultural ponds, pasture land, hay land, etc.) will continue to be exempt. BUDGET IMPACT: The lODE program is being implemented using existing staff resources and through an existing, ongoing contract with the Thomas Jefferson Soil and Water Conservation District. The adoption of the proposed WPO text amendments will not result in the need for any additional staff or capital expenditures. RECOMMENDATIONS: After the public hearing, staff recommends that the Board adopt the attached ordinance. AGENDA TITLE: Ordinance to Amend County Code Chapter 17, Water Protection AGENDA DATE: February 14, 2007 Page 3 of 3 ATTACHMENTS Attachment A - Proposed text amendment to the Water Protection Ordinance, Attachment B - Map indicating the affected watersheds of the North Fork Rivanna River intake. 07.017 Attachment A Draft: 02/05/07 ORDINANCE NO. 07-17( ) AN ORDINANCE TO AMEND CHAPTER 17, WATER PROTECTION, OF THE CODE OF THE COUNTY OF ALEMARLE, VIRGINIA, BY AMENDING ARTICLE I, GENERAL, ARTICLE III, STORMW ATER MANAGEMENT AND WATER QUALITY, ARTICLE IV, GROUNDWATER ASSESSMENTS, AND BY ADDING ARTICLE V, ILLICIT DISCHARGES AND CONNECTIONS BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 17, Water Protection, is amended and reordained as follows: By Amending: Sec. 17-102 Purposes Sec. 17-104 Definitions Sec. 17-105 Designation of program authority; powers and duties Sec. 17-300 Applicability Sec. 17-301 Designation of water resources areas Sec. 17-402 Tier 2 Assessments Sec. 17-403 Tier 3 Assessments Sec. 17-404 Tier 4 Assessments By Adding: Sec. 17-107 Relation of chapter to other laws Sec, 17-500 Applicability Sec. 17-501 Illicit discharges prohibited; exempt and authorized discharges Sec. 17-502 Illicit connections prohibited Sec. 17-503 Dumping prohibited Sec. 17-504 Maintaining the functional performance of streams Sec. 17-505 Inspections and monitoring Sec. 17-506 Discovery, containment, cleanup and notification of discharge Sec. 17-507 Penalties and remedies CHAPTER 17 WATER PROTECTION ARTICLE I. GENERAL Sec. 17-102 Purposes. The board of supervisors finds that this chapter is necessary to protect the health, safety and general welfare ofthe citizens of the county and the Commonwealth of Virginia and to prevent water from being rendered dangerous to the health of persons living in the county, and is supported by the findings of watershed studies that have been conducted. Therefore, the specific purposes of this chapter are to: 1. activities; inhibit the deterioration of state waters and waterways resulting from land disturbing 1 Attachment A Draft: 02/05/07 2. protect the safety and welfare of citizens, property owners, and businesses by minimizing the negative impacts of increased stormwater discharges from new land development and redevelopment; 3. protect against and minimize the pollution and eutrophication of public drinking water supplies resulting from land development; 4. control nonpoint source pollution, erosion and sedimentation, and stream channel erOSIOn; 5. maintain the integrity of existing stream channels and networks for their biological functions, drainage, and natural recharge of groundwater; 6. functions; protect the condition of state waters for all reasonable public uses and ecological 7. provide for the long-term responsibility for and maintenance of stormwater management facilities and best management practices; 8. regulate the discharge ofoollutants into storm drainage svstems and state waters bv orohibiting illicit discharges and connections. and the dumoing of refuse and oollutants: the board of suoervisors herebv determines that aoolving such regulations to not onlv the county's municioal seoarate storm sewer svstem but also to orivatelv owned and ooerated storm drainal:!e svstems and state waters is necessarY to orevent anv further degradation to water resources: &2. facilitate the integration of stormwater management and pollution control with other county ordinances, programs, policies, and the comprehensive plan; and 910, promote the long-term sustainability of groundwater resources. (~7-1, 6-18-75, ~ 2, 2-11-87, 3-18-92; ~ 19.1-4,9-29-77, art. I, ~ 1, 7-11-90; ~ 19.2-2, 6-19-91, ~ 2; ~ 19.3-3,2-11-98; Code 1988, ~~ 7-1,19.1-4,19.2-2,19.3-3; Ord. 98-A(1), 8-5-98; Ord. 04-17(1), adopted 12-8-04, effective 2-8-05) State law reference--Va. Code ~~ 10.1-560 et seq., 10.1-603.1 et seq., ~ 10.1-2108. Sec. 17-104 Definitions. The following definitions shall apply in the interpretation and implementation ofthis chapter: (4) Best management practice (BMP). The term "best management practice (BMP)" means a practice or combination of practices. including treatment oractices. ooeratinl:! orocedures. l:!eneral good housekeeoinl:! oractices. oollution orevention. orohibitions of activities. education oractices. and other manal:!ement oractices. that-is determined by the state, a designated area wide planning agency, or the program authority, to be the most effective, practical means of preventing or reducing the amount of water pollution generated by nonpoint sources to a level compatible with water quality goals. 2 Attachment A Draft: 02/05/07 (10) County engineer. The term "county engineer" means the director of the dopartment of engineering and public works countv enlZineer within the deoartment of community develooment or his desilIDee. (12) Department of engineering and fJ1:iblie ',.'orks. The term "department of engineering and public works" means the .^...1bemarle Coooty Department of Engineering and Public Works communitv develovment. The term "deoartment of community develooment" means the county deoartment of communitv develooment. 02.1) Devartment of f!eneral services. The term "deoartment of lZeneral services" means the countv deoartment of lZeneral services. (20.1) Hazardous substance. The term "hazardous substance" means anv substance desilZnated as such under the VirlZinia Code and 40 CFR Part 116 (2000) oursuant to & 311 of the Clean Water Act. codified in 33 V.S.C. & 1251 et sea. (20.2) Illicit discharf!e. The term "illicit dischame" means any discharlZe to the storm drainalZe svstem that is not comoosed entirelv of stormwater. exceotinlZ discharlZes oursuant to a VirlZinia Pollutant DischarlZe Elimination Svstem ("VPDES") or VirlZinia Storm ManalZement ProlZram ("VSMP") oermit (other than a VSMP oermit for discharlZes from the municioal seoarate storm sewer). discharlZes resultinlZ from fire fililitinlZ activities. and discharlZes identified bv and in comoliance with 4 V AC 50-60-1220(C)(2)' as delineated in section 17-501. (20.3) Illicit connection. The term "illicit connection" means either: (a) Anv drain or conveyance. whether on the surface or subsurface. that allows an illicit discharlZe to enter the storm drainalZe svstem. and includes but is not limited to: (i) any convevances that allow sewalZe. orocess wastewater. wash water or oollutants to enter the svstem: and (ii) anv connections to the svstem from indoor drains and sinks. relZardless of whether such connections were oreviouslv allowed. oermitted. or aooroved bv the countv or anv other lZovernment alZencv: or (b) Anv drain or convevance connected to the storm drainalZe svstem from a commercial or industrial use that has not been aooroved bv the countv in a site olano subdivision olat. or other olan or oermit. (26.1) Municival sevarate storm sewer svstem (HMS4"). The term "municioal seoarate storm sewer svstem" means all seoarate storm sewers comorisinlZ the svstem of convevances. includinlZ roads with drainalZe svstems. oublic streets. catch basins. sidewalks. curbs. lZutters. ditches. manmade channels. or storm drains: (i) owned or ooerated bv the countv: (ii) desilIDed or used for collectinlZ or 3 Attachment A Draft: 02/05/07 convevim! stormwater: (iii) that are not a combined sewer: and (iv) that are not Dart of a nubliclv owned treatment works. (29.1) Non-stormwater discharf!e. The term "non-stormwater discharQ:e" means any dischame to the storm drainaQ:e svstem or state waters that is not comnrised entirelv of stormwater. 05.1) Person. The term "nerson" means a natural nerson. corooration. nartnershin. sole nronrietorshin. trust. trustee. joint venture. or anv other entitv. 06.1) Pol/utant. The term "nollutant" means dredQ:ed snoiL solid waste. incinerator residue. filter backwash. sewaQ:e. Q:arbaQ:e. sewaQ:e sludQ:e. munitions. chemical wastes. bioloQ:ical materials. radioactive materials (excent those reQ:ulated under the Atomic Enenrv Act of 1954. as amended (42 USC S2011 et sea.)). heat. wrecked or discarded eauinment. rock. sand. cellar dirt and industrial. municinaL and arncultural waste discharQ:ed into water. (a) The term "nollutant" includes. but is not limited to: naints. varnishes. and solvents: oil and other automotive fluids: non-hazardous liauids and solid wastes and vard wastes: refuse. rubbish. Q:arbaQ:e. litter. or other discarded or abandoned objects. ordnances. and accumulations. so that same mav cause or contribute to nollution: floatables: nesticides. herbicides. and fertilizers: hazardous substances and wastes: sewaQ:e. fecal coliform and nathoQ:ens: dissolved and narticulate metals: animal wastes: wastes and residues that result from constructinQ: a buildinQ: or structure: and noxious or offensive matter of anv kind. (b) The term "nollutant" does not include: (i) sewaQ:e from vessels: or (ii) water. Q:as. or other material that is injected into a well to facilitate nroduction of oil or Q:as. or water derived in association with oil and Q:as nroduction and disnosed of in a well if the well used either to facilitate nroduction or for disnosal nurooses is annroved bv the Viminia Soil and Water Conservation board and if the board determines that the injection or disnosal will not result in the delrradation of lrround or surface water resources. (36.2) Premises. The term "nremises" means anv buildinQ: or structure. or anv lot or narceL whether imnroved or unimnroved. and includinQ: adjacent curbs. Q:utters. sidewalks and nlantinQ: strins. (37) Program authority. The term "program authority" means the department of engineering and public works communitv develonment. and ~xcept where the context clearly indicates otherwise, the term "program authority" includes any officer or employee of the department of engineering and pl:lblic works community develonment or the denartment of Q:eneral services authorized by the county engineer director of the denartment of communitv develonment to act pursuant to this chapter. 4 Attachment A Draft: 02/05/07 (43.1) Storm drainafle svstem. The term "storm drainalZe svstem" means the municioal seoarate storm sewer svstem and anv orivatelv owned and maintained imorovements bv which stormwater is collected and/or conveved and which ultimatelv discharlZes to state waters. includinlZ but not limited to. street drainalZe svstems. streets. !!Utters. curbs. inlets. Dined storm drains. oumoinlZ facilities. retention and detention basins. human-made or altered drainalZe channels. oonds. and other drainalZe structures. (43.2) Stormwater. The term "stormwater" means orecioitation that is discharlZed across the land surface or throulZh convevances to one or more waterwavs and that mav include stormwater runoff. snow melt runoff. and surface runoff and drainalZe. (47.1) Virrzinia Pol/utant Discharrze Elimination Svstem (VPDES) vermit. The term "VirlZinia Pollutant DischarlZe Elimination Svstem (VPDES) oermit" means a document issued bv the State Water Control Board oursuant to the State Water Control Law authorizinlZ. under orescribed conditions. the ootential or actual discharlZe of oollutants from a ooint source to surface waters and the use or disoosal of sewalZe sludlZe, (s 7-2,6-18-75, S 4, 7-9-80, 2-11-87, 3-18-92, S 19.1-5,9-29-77, art. I, S 2, 9-13-78, 7-11-90, 8-3-94; S 19.2-4,6-19-91; S 19.3-5,2-11-98; Code 1988, SS 7-2,19.1-5,19.2-4,19.3-5; Ord. 98-A(1), 8-5-98) State law reference--Va. Code SS 10.1-560, 10.1-603.2. Sec. 17-105 Designation of program authority; powers and duties. A. The board of supervisors hereby designates the department of engineering and public weFks communitv develooment as the program authority. B. The program authority shall administer and enforce this chapter as authorized bv law. C. The program authority shall establish reasonable administrative procedures for the administration ofthis chapter, including developing and maintaining for article III a design manual containing information about the content of plans required by article III, calculation methods, maintenance and inspection procedures, and other information to assist with the implementation and enforcement of article III. The program authority shall update the design manual periodically. The manual shall be consistent with this chapter and all applicable statutes and regulations. D. \Vithin one year of the date of adoption ofthis chapter tlhe program authority shall assure that the erosion and sediment control program set forth in article II is administered by a certified program administrator, a certified plan reviewer, and a certified project inspector. Such positions may be filled by the same person. E, The program authority shall take appropriate enforcement actions to achieve compliance with this chapter, and shall maintain a record of enforcement actions for all active land disturbing activities~ aaG land developments. illicit discharlZes. illicit connections. and orohibited dumoinl2:. 5 Attachment A Draft: 02/05/07 F. The program authority is authorized to cooperate with any federal or state agency in connection with plans for erosion and sediment control or stormwater management. The program authority may also recommend to the county executive any proposed agreement with such agency for such purposes, which agreement shall be executed, if at all, by the county executive on behalf of the county. (~7-9, 4-21-76, 2-11-87, 3-18-92; ~ 19,3-6,2-11-98; Code 1988, ~~ 7-9,19.3-6; Ord. 98-A(l), 8-5-98) State law reference--Va. Code ~~ 10.1-562, 10.1-603.3. 10.1-603.12: 1 et seq. Sec. 17-107 Relation of chanter to other laws The reQuirements of this chanter are: A. Senarate from. but sunnlementarv to. all other ann Ii cable reQuirements of the Code. Comnliance with the reQuirements of this chanter shall not be deemed to be comnliance with other annlicable ordinances or rewlations. B. Senarate from. but sunnlementarv to. all other annlicable reQuirements of state or federal law. If the reQuirements of this chanter are in direct conflict with mandatorv state or federal reQuirements. then the state or federal reQuirements shall ann Iv. C. Senarate from the reQuirements. terms or conditions of anv nrivate easement. covenant. agreement or restriction. Neither the countv nor anv of its officers. emnlovees or aQ:ents shall have anv dutv to enforce a nrivate easement. covenant. agreement or restriction. ARTICLE III. STORMW ATER MANAGEMENT AND WATER QUALITY Sec. 17-300 Applicability. Each owner shall comply with the requirements of this article prior to commencing any land development, or allowing any land development to occur, on his property, for residential, commercial, industrial or institutionall:lse, and at all times thereafter. (s 19.1-6,9-29-77, art. II, ~ l, 10-19-77,9-13-78,10-22-80,7-11-90, 8-3-94; ~ 19.2-5, 6-19-91, ~ 5; ~ 19.3-24,2-11-98; Code 1988, ~~ 19.1-6, 19.2-5, 19.3-24; Ord. 98-A(l), 8-5-98) State law reference--Va. Code ~~ 10.1-603.3, 10.1-603.9, 10.1-2108. Sec. 17-301 Designation of water resources areas. In order to better effectuate the purposes ofthis article, all of the land within the county is hereby designated as being within one or more of the following water resources areas: A. Development areas: Development areas are those areas of land within the county designated as development areas in the land use element of the comprehensive plan, and as shown on the official map of the land use element. 6 Attachment A Draft: 02/05/07 B. Areas of infill and redevelopment: Areas of infill and redevelopment are those areas of land within the county that are: (i) within a development area; and (ii) designated as areas of infill and redevelopment for purposes of this article by the board of supervisors, and as shown on the official map adopted showing such areas. The board of supervisors shall designate such areas based on a finding that existing development has altered severely the natural condition of the area, including the presence of vegetation, and that infill and redevelopment activities would serve other community and comprehensive plan goals. C. Water supply protection areas: Water supply protection areas are those areas of land within the county that are within the watershed of a public water supply reservoir or water suoolv intake, and such areas shall consist of all land within the county that drains naturally to the South Fork Rivanna Reservoir, Beaver Creek Reservoir, Totier Creek Reservoir, Sugar Hollow Reservoir, Ragged Mountain Reservoir, Chris Greene Lake, the North Fork Rivanna River intake. and to any impoundment or water suoolv intake designated in the future by the board of supervisors as a public water supply reservoir, D. Other rural land: Other rural land consists of those areas ofland that are not within a development area, an area of infill and redevelopment, or a water supply protection area. (s 19.2-6,6-19-91, S 6; S 19.3-25,2-11-98; Code 1988, SS 19.2-6, 19.3-25; Ord. 98-A(l), 8-5-98) State law reference--Va. Code S 10.1-2108. ARTICLE IV. GROUNDWATER ASSESSMENTS Sec. 17-402 Tier 2 assessments. A Tier 2 assessment shall consist of the program authority reviewing and evaluating the county's well database, available hydrogeologic studies, and information from the Virginia Department of Health and the Virginia Department of Environmental Quality, as provided in chapter ~ ~ of the design standards manual. Based on this evaluation, the program authority may require that the owner provide additional groundwater assessment data prior to subdivision plat or site plan approval, or may require that a Tier 3 assessment be submitted, (s 402, Ord. 04-17(1), 12-8-04, effective 2-8-05) Sec. 17-403 Tier 3 assessments. A Tier 3 assessment shall consist of the following: A. The owner shall submit a draft groundwater management plan with the preliminary plat or site plan. The groundwater management plan shall comply with the requirements for such plans in chapter ~ ~ of the design standards manual. If the groundwater management plan identifies special areas of concern, such as an off-site resource of high groundwater sensitivity or a previously unknown source of contamination, then the program authority may require additional groundwater assessment data prior to preliminary subdivision plat or site plan approval. 7 Attachment A Draft: 02/05/07 B. The owner shall submit a final groundwater management plan that must be approved by the program authority prior to approval ofthe final plat or site plan. C. Any structural measures (e.g., best management practices) shall be bonded as a subdivision plat or site plan improvement. The program authority may require that a Tier 4 assessment be submitted instead of a Tier 3 assessment if the special areas of concern identified in subsection (A) have not been adequately addressed by the additional groundwater assessment data. (s 17-403, Ord. 04-17(1), 12-8-04, effective 2-8-05) Sec. 17-404 Tier 4 assessments. A Tier 4 assessment shall consist of the following: A. The owner shall submit a draft groundwater management plan and an aquifer testing workplan complying with the requirements for such plans in chapter ~ ~ of the design standards manual, with the preliminary plat, preliminary site plan, or the application for a central water supply. The groundwater management plan must demonstrate to the program authority's satisfaction that the site's groundwater conditions have been considered with the subdivision or site plan's layout and design. The aquifer testing workplan must be approved by the program authority before the owner may conduct aquifer testing as required by subsection (B). B. After the program authority approves the aquifer testing workplan, the owner shall conduct aquifer testing as provided in the workplan, C. The owner shall submit a final groundwater management plan and a groundwater assessment report complying with the requirements for such a report in chapter ~ ~ of the design standards manual, based upon the results of the aquifer testing. The final groundwater management plan and the groundwater assessment report must be approved by the program authority prior to final subdivision plat or site plan approval. D. Any structural measures (e.g., best management practices) shall be bonded as a subdivision plat or site plan improvement. (S404, Ord. 04-17(1), 12-8-04, effective 2-8-05) ARTICLE V. ILLICIT DISCHARGES AND CONNECTIONS Sec. 17-500 Aoolicabilitv. This article shall annlv to all activities that cause or allow to be caused direct or indirect illicit discharl!es. illicit connections. and the nrohibited dumninl! of refuse and nollutants. or which nel!ativelv imnede the flow canacitv of the storm drainal!e svstem or state waters that (i) are not covered bv other articles of this chanter and (ii) are not exoresslv exemnt from this article. 8 Attachment A Draft: 02/05/07 State law reference--Va. Code ~~ 10.1-603.3, 10.1-603.7. Sec. 17-501 Illicit discharf!es orohibited: exemot and authorized discharf!es. No oerson shall throw. drain. or otherwise discharge. cause or allow others under their control to throw. drain. or otherwise discharl!e into the storm drainal!e svstem or state waters any oollutants or waters containinl! anv oollutants. other than stormwater. The commencement. conduct. or continuance of anv such illicit discharl!e to the storm drainal!e svstem or state waters is orohibited. subiect to the followinl!: A. Conditionallv exemvt discharf!es. The followinl! discharl!es are conditionallv exemot from this article: 1. Discharl!es oursuant to a Virl!inia Pollutant Discharl!e Elimination Svstem ("VPDES") or Virl!inia Storm Manal!ement Prol!ram ("VSMP") oermit (other than a VSMP oermit for discharl!es from the municioal seoarate storm sewer): 2. Discharl!es resultinl! from fire fil!htinl! and other oublic safetv activitie~ 3. Discharl!es associated with the maintenance or reo air ofoublic water. sanitarv. and storm sewer lines. and oublic drinkinl! water reservoirs and drinkinl! water treatment or distributions svstems conducted in accordance with aoolicable federal and state re!llilations and standards: 4. Discharl!es associated with anv activity bv the countv. its emolovees and al!ents. in the maintenance of anv comoonent of a countv-maintained stormwater manal!ement facility conducted in accordance with aoolicable federal and state rel!ulations and standards: 5. Discharl!es soecified in writinl! bv the orolITam authoritv as beinl! necessarv to orotect oublic health and safetv: 6. Water line flushinl!: 7. Landscaoe irril!ation and lawn waterinl!: 8. Non-ooint discharges associated with alITicultural and silvicultural ooerations: 9. Diverted stream flows: 10. Risinl! lITound water. sorinl!s. uncontaminated lITound water infiltration. and oumoed lITound water: 11. Flows from rioarian habitats and wetlands: condensation: 12. Discharl!es from ootable water sources. foundation drains. and air conditioninl! 9 Attachment A Draft: 02/05/07 13. Water from crawl soace oumos and footing drains: 14. House washing and individual car washing on residential lots: 15, De-chlorinated swimming 0001 discharges having less than 1 oart oer million chlorine and discharges from hot tubs: 16. Street wash water: 17. Water from washed oarking lots or sidewalks to remove algae or oil builduo: oarking lots. 18. Aoolication of salts or other de-icing substances to streets. sidewalks and 19. Discharges associated with dve testing. orovided that the urogram authority is notified in writing before the test. If the orogram authoritv determines that anv of these exemoted activities are causing adverse imoacts to state waters in a soecific case. the urogram authoritv mav revoke the ex emotion for that soecific case and such revocation shall be effective from the date the oerson resoonsible for the discharge is informed in writing of the determination that the exemotion is revoked. B. Discharrzes authorized bv VPDES Dermit. waiver or waste discharrze order. The orohibition shall not aoolv to any non-stormwater discharge oermitted under a VPDES oermit. waiver. or waste discharge order issued to the discharger and administered under the authoritv of the United States Environmental Protection Agencv CEP At urovided that the discharger is in full comoliance with all reQuirements of the oermit. waiver. or order and other aoolicable laws and regulations and orovided that written aooroval has been granted for anv discharge to the storm drainage svstem. State law reference--Va. Code ~~ 10.1-603.3,10.1-603.7. Sec. 17-502 Illicit connections orohibited. The construction. use. maintenance. or continued existence of illicit connections to the storm drainage svstem is urohibited. A. Pre-existinrz illicit connections. Anv illicit connection oreviouslv authorized before the effective date of this chaoter shall comolv with the reQuirements of this chaoter bv December 31. 2007. or such later date as exuresslv authorized bv the urogram authority uoon good cause shown bv the oerson reQuesting the extension. B. Disconnection and redirection. Anv illicit connection shall be disconnected and redirected. if necessarv. to an aouroved onsite wastewater management svstem or the sanitarv sewer system uoon aooroval of the Albemarle County Service Authoritv. C. Locatinrz undocumented connections. Anv drain or conveyance that has not been documented in olans. maos. or their eQuivalent and which aooears to be connected to the storm 10 Attachment A Draft: 02/05/07 drainal:!e svstem shall be located by the owner. occuoant. lessee. orincioal. al:!ent. emolovee or otherwise. of that orooerty within the time oeriod soecified in the written notice of violation from the oroQIam authoritv reQuirinl:! that the connection be located. The notice shall reQuire that: (i) the location of the drain or conveyance be determined: (ii) the drain or convevance be identified as a storm sewer. sanitarY sewer. or other: and (iii) the outfall location or ooint of connection to the storm drainal:!e svstem. sanitarY sewer svstem. or other dischame ooint be identified. The results of these investil:!ations shall be documented and orovided to the oroQIam authoritv. State law reference--Va. Code ~~ 10.1-603.3, 10,1-603,7. Sec. 17-503 Dumnin!! nrohibited. No oerson. whether the owner. occuoant. lessee. nrincinal. al:!ent. emnlovee or otherwise. mav dumn or dischame. or allow any other oerson to dumn or discharl:!e. refuse. as that term is defined in section 13-100 of the Code. or anv other material or nollutant. natural or svnthetic. into the storm drainal:!e svstem or a natural stream. unless the dumninl:! or discharl:!e is exnresslv authorized bv the Code. Sec. 17-504 Maintainin!! the functional nerformance of the storm draina!!e svstem and streams. The storm drainal:!e system and natural streams shall be maintained as follows: A. Keevinfl the storm drainafle svstem and natural streams free of refuse and other obstacles. Everv nerson. whether the owner. occunant. lessee. nrincinal. al:!ent. emolovee or otherwise. owninl:!. occunvinl:! or otherwise resnonsible for the condition of the nronertv throul:!h which a nrivately-maintained storm drainal:!e svstem or natural stream nasses. shall maintain the Dart of such svstem or stream on the nronertv free of refuse. as that term is defined in section 13-100 of the Code. and other obstacles that would nollute. contaminate. or adverselv imnact the system's or stream's functional nerformance. B. Maintainim! structures within the flood hazard overlav district. Everv nerson. whether the owner. occuoant. lessee. nrincinal. al:!ent. emnlovee or otherwise. owninl:!. occunvinl:! or otherwise resnonsible for the condition of the oronertv throul:!h which a natural stream nasses. shall maintain existinl:! nrivatelv-owned structures within the flood hazard overlav district established under section 18-30.3 of the Code so that such structures do not become a hazard to the use. function. or nhvsical or ecolol:!ical interntv of the stream. State law reference--Va. Code ~~ 10.1-603.3, 10.1-603.7. Sec. 17-505 Insnections and monitorin!!. The orOQIam authoritv is authorized to assure comnliance with the reQuirements of this article as follows: A. Insvections and monitorine. flenerallv. The orOQIam authority is authorized to conduct insnections of nrivate oronertv and to conduct monitorinl:! of storm drainal:!e svstems. natural streams. and facilities nermitted bv VPDES nermits. in the manner authorized bv law to assure comnliance with the reQuirements of this article. 11 Attachment A Draft: 02/05/07 B. Inspection of records ofVPDES permittees. Everv VPDES oermitee shall allow the orOlrram authoritv to examine VPDES aoolication materials. olans. soecifications. and other oertinent information as may be necessarv to determine the effect of the oermittee' s discharQe on the Quality of state waters. such other information as mav be necessarY to accomolish the oumoses of this article. includinQ records reQuired to be keot under the conditions of the oermit. and enforcement records such as insoection reoorts. notices of violation. and documents detailinQ the nature of anv land disturbinQ activitv that mav have occurred. or similar documents. that are not exemot from disclosure under VirQinia Code S 10.1-603.12:2. C, Monitorinf! and samplinf! eauipment on VPDES permitted facilities. The orOlrram authority is authorized. either under a condition of the VPDES oermit. with the oermittee's consent or by court order: (i) to establish on anv oermitted facilitv such devices as are necessarY in the ooinion of the orOQram authority to conduct monitorinQ and/or samolinQ of the facility's stormwater discharQe: and (ii) to reQuire the oermittee to install monitorinQ eQuioment as the orOlrram authoritv deems necessarY. The facility's samolinQ and monitorinQ eQuioment shall be maintained at all times in a safe and orooer ooeratinQ condition bv the oermittee at its own exoense. All devices used to measure stormwater flow and Qualitv shall be calibrated to ensure their accuracv. D. Oblif!ation of VPDES permittee to assure clear access. At the written or oral reQuest of the orOlrram authoritv. everv VPDES oermittee shall oromotlv remove anv temoorarv or oermanent obstruction to safe and easv access to the oermitted facilitv to be insoected and/or samoled. and such obstructions shall not be reo laced. The costs of removinQ such obstructions shall be borne bv the ooerator. State law reference--Va. Code ~~ 10.1-603.3, 10.1-603.7, 10.1-603.12:1, 10.1-603.12:2. Sec. 17-506 Discoyerv. containment. cleanuD and notification of dischar~e. If a discharQe occurs or is susoected to have occurred. the followinQ orocedures shall aoolv: A. Discoverv. containment and cleanup. NotwithstandinQ anv other reQuirement oflaw. as soon as anv oerson resoonsible for a facilitv. ooeration. or activitv. or resoonsible for the emerQencv resoonse for a facilitv. oDeration. or activitv. has information of anv known or susoected discharQe of substances which are resultinQ or mav result in an illicit discharQe into the storm drainaQe svstem or state waters. that oerson shall take all necessarv steos to ensure the discoverv. containment. and cleanuo of the discharQe, B. Notification. The oerson identified in subsection (A) also shall orovide the followinQ notification of the discharQe: (i) if the discharQe contains. or mav contain. a hazardous substance. the oerson shall immediatelv notify emerQencv resoonse aQencies of the occurrence via emerQencv disoatch services: and (ii) if the dischafQe contains. or mav contain. onlv non-hazardous substances. the oerson shall notifv the orOlrram authoritv in oerson. bv ohone. bv email. or by facsimile no later than the next business dav. Notifications in oerson or bv ohone shall be confirmed bv written notice addressed and mailed to the orolrram authoritv within five (5) business davs of the ohone notice. C. Record of discharf!e from commercial or industrial establishment. If an illicit discharQe is from a commercial or industrial establishment. the owner or ooerator of the establishment shall 12 Attachment A Draft: 02/05/07 retain on-site a written record of the discharlZe and the actions taken to orevent its recurrence. Such records shall be retained for at least two (2) vears and a coov thereof shall be orovided to the orOQfam authority within fifteen (15) davs of the date ofthe discharlZe. State law reference--Va. Code ~~ 10.1-603.3, 10.1-603.7, 10.1-603.11. Sec. 17-507 Penalties and remedies. The oenalties and other remedies for a violation of this article shall be as orovided in VirlZinia Code S 10.1-603.14. State law reference--Va. Code S 10.1-603.14. I, Ella W. Carey, 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. Domer Mr. Rooker Mr. Slutzky Ms. Thomas Mr. Wyant 13 ATTACHMENT B The map below indicates the watershed of the North Fork Rivanna River water supply intake that would be affected by the proposed text amendment to Section 17-301 of the Water Protection Ordinance. Water Supply Watersheds ~ N, Fork Rivanna River intake _No Yes .:j.;jP K.rV L I -'+v'+-OLJ- f OU I fJ,L ,~ ~ ,,~ a:~ GT../ el). _/ ~7U/l!J" C/rcl/Jllf!f' VI/Zf!Jllras/ February 6th, 2007 Mr. Scott Clark County of Albemarle Planning Commission 401 McIntire Road Charlottesville, VA 22902 Re: Special Use Permit Deferment Dear Mr. Clark: After speaking with David, we have decided to indefinitely defer our application for the special use permit. There are simply too many problems with the multiple conditions set forth by the planning commission. Thanks very much for your time...we thought you and the department did an excellent job of looking at all the issues and coming up with a workable plan....Please email me a confirmation of receipt oftms deferment notice. Sincerely yours, /. ./ " l../I'_ I L./L-u-tG1 C;{j Ellen King King Family Vineyards ).O.(~ 6550 Roseland Farm Crozc[, Virgirua 229~2 434-823-78GO E1.X: 434-823-7801 v,'ww, kingfa milyvin c~!ards ,com info@kingfamilyvineyards,com I COUNTY OF ALBEMARLE EXECUTIVE SUMMARY . AGENDA TITLE: ZMA 2005-0007 Haden Place STAFF: REBECCA RAGSDALE SUBJECT/PROPOSAUREQUEST: Haden Place is a request to rezone 6,69 acres from R2 Residential to NMD Neighborhood Model District for 34 residential units (20 detached, 14 attached), AGENDA DATE: February 14, 2007 ACTION: X INFORMATION: STAFF CONTACT(S): Cilimberg, Echols, Ragsdale CONSENT AGENDA: ACTION: INFORMATION: LEGAL REVIEW: YES ATTACHMENTS: YES OWNER/APPLICANT PURCHASER: Wendell W, Gibson of Gibson Homes is the ownerlapplicant with Kelly Strickland of Dominion Development Resources (formerly Rivanna Engineering & Surveying) as the consulting engineer, . BACKGROUND: A public hearing was held on this rezoning at the Planning Commission on July 11, 2006 and the Commission recommended approval to the Board of Supervisors. Staff and the Planning Commission found the following factors favorable, leading to the recommendation of approval: o The project positively addresses the principles of the Neighborhood Model with specific emphasis on a pedestrian orientation, neighborhood friendly streets and paths, parks and open space, relegated parking, provision for affordable housing, and interconnected streets have been provided for consistent with the Crozet Master Plan with the "proposed Connector Road", Summerford Lane connection, and provisions for Killdeer Lane and Haden Lane, o Density is in keeping with the Crozet Master Plan, at the upper end of the range suggested in the Plan. o The property relates to two centers---Downtown Crozet and the future Old Trail Village Center and it is located within walking distance to Downtown Crozet. The property fits well within the context of the existing and emerging fabric of the western part of Crozet. On October 11, 2006, the Board held a public hearing on this rezoning request and voted to defer the item. (Minutes from 1 0/11/06-Attachment A). Discussion and issues identified by the Board during consideration of this item included: o Provision of an interconnection to Summerford Lane in adjoining Old Trail o Deficiencies of roads serving the site, including Haden and Killdeer Lanes and Jarman's Gap Road o Timing of Construction of the Affordable Housing Units o Adequacy of Cash Proffers . On December 1, 2006, the applicant submitted a response letter to each item the Board discussed at the October meeting, along with revised proffers and an amendment to the application plan, At their December 13, 2006 meeting, the Board further discussed the new information provided by the applicant: off-site construction of the interconnection to Summerford Lane in Ballard Field (Old Trail), with the permission from the adjoining property owner; provision of phasing of affordable housing units in the proffers; provision of frontage improvements to both Haden and Killdeer Lanes; and, off-site improvements to include the widening of Haden Lane to ZMA 2005-00007 Haden Place BOS February 14, 2007 18 feet of pavement width from the Haden Place property north to Jarman's Gap Road, but no longer proposing the same for Killdeer Lane. Following this discussion, the Board deferred the rezoning to allow staff to evaluate the new information and to provide direction to the applicant regarding traffic impacts, interconnections and off-site improvements, and to devise acceptable language for phasing of affordable housing units within the project. DISCUSSION: Since the December Board meeting, staff has evaluated the revised submittal provided by the applicant and the applicant has revised the proffers and plans to respond to staff recommendations. The County Engineer has worked in conjunction with VDOT staff to determine recommended off-site improvements and has made further field evaluations to provide the analysis and recommendations to address traffic impacts from Haden Place, discussed below. Provision of an interconnection to Summerford Lane in adjoining Old Trail and Other Off- Site Improvements The applicant proposes to construct a connection from Haden Place to Summerford Lane as illustrated on the attached application plan and committed to in the attached proffers, (Attachments B-Proffers and D-Application Plan), Since the December meeting, the applicant has been able to provide written acknowledgement from the Ballard Field property owner that they will allow construction of this interconnection, The previous plan and proffers reviewed at the Board's October 11, 2006 public hearing proposed that this interconnection be constructed to the Haden PlacelBallard Field property line only, The County Transportation Engineer, Jack Kelsey, and Chuck Proctor (VDOT) assessed the potential traffic impact to Haden Lane resulting from the connection to Summerford Lane, The assessment assumed that the east-west connection between Killdeer Lane and the Haden Lane labeled "Proposed Connector Road" (shown on Attachment D) would be barricaded at Killdeer Lane, Consideration was then given to the potential diversion of some Haden Place traffic from Haden Lane to Summerford Lane enroute to Old Trail Drive. The assessment also considered the potential diversion of some Ballard Field traffic, from Old Trail Drive to Haden Lane, enroute to Jarmans Gap Road and downtown Crozet. The projected traffic on Haden Lane from existing and proposed development is illustrated on Attachment-E and summarized below. Haden Lane Proiected AveraQe Daily Trips Existing Lots: 140 adt Haden Place: 189 adt (284 total; the remaining 95adt (33%) assumed to go to Old Trail Drive) Ballard Field: 212 adt (30% diverted from Old Trail Drive) Total Projected Traffic: 541 adt The Haden Place development further proposes improvements to Haden Lane along its frontage that will accommodate this traffic volume. However, the off-site portion of Haden Lane north of Haden Place to Jarmans Gap Road also needs widening to 20 feet to comply with VDOT requirements, The applicant has also provided for this in revised proffers and on the revised application plan. (Attachment F) This widening can be accommodated within the existing right-of- way through a method called "trench widening", VDOT has successfully used this approach on some of their road projects and Attachments G and H show examples of trench widening using a milling machine and a motor-grader with a special blade attachment. Frontage improvements along Killdeer Lane are proposed on the application plan, as recommended by staff, These improvements include constructing the "Proposed Connector Road" between Haden Lane and Killdeer Lane with the installation of bollards at the western end of the "Proposed Connector Road", adjacent to the intersection with Killdeer Lane. These bollards will remain in place until the northern off-site portion of Killdeer Lane is widened and the sight distance at Jarman's Gap Road is improved. ZMA 2005-00007 Haden Place BOS February 14, 2007 2 . Finally, the approved road plans for Ballard Field required the developer to provide a barricade between their Haden TerracelHaden Lane improvements and the existing Haden Lane (Attachment-I) This is because the portion of Haden Lane off-site of Ballard Field is about 16 feet wide and is recommended to be widened to 20 feet to comply with VDOT standards (Attachment- J-Photo of Haden Lane South), The applicant has provided for this improvement in their proffers and application plan which will allow the barricade to be removed and Ballard Field traffic to be dispersed to two points of access on Haden Lane, Timing of Construction of the Affordable Housing Units The applicant has provided for a phasing of half of the affordable units by completion of half of the market rate units, This is provided for with Proffer # 6b, which includes language that the Housing Director, County Attorney, and Zoning Administrator prefer. RECOMMENDATIONS: In consideration of prior staff and Planning Commission recommendations and subsequent Board concerns, staff believes the applicant has appropriately addressed issues as to interconnections, deficiencies of Haden and Killdeer Lanes and timing of construction of affordable housing units. Should the Board find that the applicant's plan and proffers adequately address the project's impacts, staff recommend's approval of ZMA 2005-0007 with the attached proffers, code of development, and application plan, . ATTACHMENTS: A. Board of Supervisor minutes from October 11, 2006 meeting for Agenda Item No. 10, ZMA -2005-007 Haden Place B, ZMA 2005-007 Haden Place Proffer Form, last revised February 5, 2007 C, Haden Place ZMA 2005-007 Application Plan, last revised February 5, 2007 and prepared by Dominion Development Resources D. Haden Place Neighborhood Model Code of Development, last revised February 5, 2007 and prepared by Dominion Development Resources E. Projected Traffic Distribution F. Offsite Haden Lane - North G. Milling Machine Trench Widening H, Motor-Grader Trench Widening I. Haden Lane at Ballard Field J. Off-site Haden Lane - South . ZMA 2005-00007 Haden Place BOS February '14, 2007 3 Attachment A October 11, 2006 (Adjourned and Regular Night Meetings) (Page 21) was looking at the 20-year approach, but the RWSA looked at the 50-year plan, so there was a discrepancy in the numbers. He said the water supply plan would be built on that 50-year numher. That is what has been projected and proposed in terms of the Ragged Mountain Reservoir to meet the needs for that time period, Mr. Rooker said growth in the area's population is based on an assumed percentage increase in population year to year over that 50-year period, whether it takes place in Crozet or somewhere else, He added that the only issue is whether Crozet would be connected to the urban water system so the 50- year water supply takes care of all the needs of the community, wherever the growth occurs. Mr. Wyant said the boundaries of Crozet are fixed; only so much development can occur there, Ms. Thomas said the question is on what basis the build-out might be more, as no one in Crozet has "endorsed" a higher population, Mr. Rooker said the Rivanna Auth,ority (RWSA) used the 12,000 population figure for Crozet, but the number is impacted by whether it would be connected to an urban system, Ms. Thomas noted that she has become interested in air quality because scientists are finding that a lot of the nutrients affecting the Chesapeake Bay are coming from the air, not the ground and water, specifically from car exhaust emissions.) Item 9.6. Copy of letter dated September 27, 2006, from John Shepherd, Manager of Zoning Administration, to Tara Boyd, re: Letter of Correction, OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 122, Parcels 24 & 28 and Tax Map 123, Parcels 33 & 34 (Property of Murcielago LLC) Section 10.3.1, received as information. Item 9.7. Copy of letter dated October 4,2006, from John Shepherd, Manager of Zoning Administration, to Tara Boyd, re: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 114, Parcels 67, 67A, 67B, 67L & 67M Tax Map 123, Parcels 2 & 59 (Property of Murcielago LLC) Section 10.3.1, received for information. Agenda Item No. 10. ZMA-2005-007. Haden Place (Signs #12,13). Proposal: Rezone 6.69 acres from R-2 Residential (2 unitslacre) to NMD Neighborhood Model District - residential (3-34 unitslacre) mixed with commercial, service and industrial uses for 20 single-family homes and 14 townhomes, Proffers: Yes. Existina Comprehensive Plan land Use/Densitv: Community of Crozet; CT -3 Urban Edge: single-family residential (net 3,5-6.5 unitslacre) supporting uses such as religious institutions and schools and other small-scale non-residential uses. Entrance Corridor: No. Location: Between Haden (Rt 1209) & Killdeer Lanes (Rt 1215), south of Jarman's Gap Road. Tax Map/Parcel: TM 55, Parcel 69 & TM 56, Parcel 9, Maqisterial District: White Hall. (Notice of this public hearing was published in the Daily Progress on September 25 and October 2, 2006.) Mr. Cilimberg reported that this proposal was submitted in May, 2005. The Commission had a work session over a year ago and provided guidance to the applicant - there was a need for consistency to the Crozet Master Plan regarding density and provision of affordable housing, road improvements and treatment of historic resources, He said the petition came back to the Commission in July, 2006 for a It . October 11, 2006 (Adjourned and Regular Night Meetings) (Page 22) public hearing to request a change from R-2 Residential to Neighborhood Model; the existing by-right use would allow 13 single-family units and with bonus provisions up to 20 units, The proposal is for 20 single- family homes including six cottages and 14 townhouses for a density of 6,35 dwelling units per acre. He mentioned that this property lies in the CT-3 area of the Crozet Master Plan. Mr. Cilimberg said that in their report to the Commission, staff noted favorable factors as: how the project addresses the principles of the Neighborhood Model; density as it relates to the Crozet Master Plan; and, the relationship of the property to two centers - one in "downtown" Crozet and one being the future Old Trail Village Center. He said the unfavorable factors noted were: the moderately-priced housing did not meet the County's definition for affordable housing, and revisions were needed to the Code of Development, Application Plan and proffers, He said that on July 11, 2006, the Commission recommended approval to the Board noting areas of the petition that needed to be addressed: the expectation of an affordable housing proffer that would be modified to conform to the County's affordable housing policy in the Comprehensive Plan; technical changes that needed to be made to the Code of Development, Application Plan and proffers; cash proffers devoted to transportation improvements in Crozet; and, an interconnection provided and illustrated on the Application Plan from the proposed east- west connector road between Haden Lane and Killdeer Lane southward to Summerford Lane and Ballard Field, . Mr. Cilimberg reviewed the proffers and how they are being addressed. He said the two roads that would serve either side of this property - coming from Jarman's Gap Road - Haden Lane and Killdeer Lane - are both at this time substandard for any additional development. He said the applicant controls the land along Haden Lane on one side, and beyond that does not have ownership control. He said they have proffered to widen Haden Lane to a minimum width of 18 feet with shoulders and ditches to the extent allowable using existing right-of-way and to satisfy the requirements of the County Engineer. He added that the applicant's plan shows frontage improvements to create an urban cross-section on their side of Haden Lane. Ms, Thomas asked about the clause that says "as the right-of-way allows," and if what the applicant is proposing can actually be done. Mr, Cilimberg said the County Engineer looked at it and believes the 18 feet for ditches and shoulders could be accommodated but until road plans are made he cannot be certain. He said the developer would improve the intersection, but any offsite sight distance outside of the right-of-way could not be addressed; Jarman's Gap improvements would help when done, In response to Mr. Rooker's question about use of Haden Lane, Mr. Cilimberg confirmed that Haden Lane would be the access for the property until the Killdeer Lane intersection could be dealt with in an appropriate manner. He said the applicant has proffered doing urban section improvements to Killdeer, and has indicated that the County will not be requested for a building permit prior to construction or bonding of offsite stormwater drainage, They have shown where the integrated park and stormwater management facility will be and indicated that construction requirements will be met within 12 months for that. Mr. Cilimberg said inter-parcel connectivity with Ballard Field andlor the realignment of Killdeer Lane has also been accommodated, explaining that they proffered to build to their property line for connection with Summerford Lane. He added that they have also proffered for a relocation of Killdeer through their property should it be desired, but some would be across property they do not own, . Mr, Rooker commented that the Old Trail developer didn't like the plan to come across that property. Mr. Cilimberg agreed, stating that the allowance for the curb in Killdeer was only being provided in the event that that was desired, but a more direct commitment is to the potential connection he indicated initially. Mr, Slutzky said that is no assurance that connection would be made, Mr, Cilimberg replied that they have not proffered anything beyond their property line, t) October 11, 2006 (Adjourned and Regular Night Meetings) (Page 23) Ms. Thomas asked if the ability of Summerford Lane to handle traffic was evaluated by staff. Mr. Cilimberg said that should have been part of what the County Engineer looked at in his review, and he determined it to be adequate. Mr. Rooker said the Board must assume that connection would not be made, and look at the outlet that is a sure bet. Mr. Cilimberg agreed, adding that properties that are possibilities for access do not belong to this developer, Ms, Thomas said she has heard that the concern among Haden Lane residents is that no one would use Summerford Lane, and the concern among Summerford Lane is that everyone would use that road. Mr. Cilimberg said there is no data to show how that would play out. Mr. Rooker emphasized that until Jarman's Gap Road is finished, the sole access for the development would be Haden Lane, Mr, Cilimberg added that Old Trail Road - formerly Western Avenue - is not in the State System at this time even though it has been built through, Mr. Wyant commented that Haden Lane is a State-maintained road. Mr. Cilimberg reported that cash proffers are provided at $3,200 for each detached market rate unit and $2,700 for each attached market rate unit, for a total of $82,000, He said six affordable units for sale are being proffered, and additional affordable units should be calculated at 50 percent of the middle range. He said they used what staff had come up with for calculations - half of the difference between what's allowed at the medium range and what's allowed at the highest end-range to determine the number of units in the higher density. At the last meeting it was said that essentially equates to what people have to proffer in affordable units anyway and the real calculation for affordable units should be 5C percent of the middle range. The circumstances mentioned last month have been the same for both reviews, and now staff would like some direction from the Board on whether to use that or the 50 percent of mid-range, Mr. Rooker commented that when the Board reviewed the protocol before, it was the under- standing to use the 50 percent midpoint, but during review of the Wickham Pond petition there was a discrepancy in how to arrive at the figure needed to receive the density bonus. He said the minutes of the discussion outlining the density bonus show a fairly clear intent by the Board to use the midpoint multiplier and they were making an exception for that review. Board members agreed that they had been informed that Haden Place was in the works during the Wickham Pond discussion, Mr. Cilimberg responded that staff did not receive a clear direction, and that is why the Wickham Pond issue was uncertain, He said the applicant in this rezoning is proffering six affordable units, which would be 17 percent. He mentioned that staff had included a comparison of rezonings and cash proffers in the executive summary for this request in order to compare Haden Place to Wickham Pond II and Westhall V. He concluded that if the Board finds the affordable housing and density provisions acceptable, and agrees that the proffers sufficiently address the impacts of the project, staff and the Commission recommend approval of ZMA-2005-007 subject to the current proffers, amended Code of Development, and amended General Development Plan, With no further questions for the staff, Mr. Rooker asked the applicant to speak, The applicant, Mr. Wendell Gibson, addressed the Board. He said he has been building in the County for 12 years, As a small builder, it is hard for him to compete with the large-scale developers. He tried to contact the Beights Development Group to discuss interconnectivity and got no response, He said Beights wanted him to purchase the property that would give him a cut-through, but he did not want to spend that kind of money, He said he has proffered affordable detached units and has kept them in line with other developments in the area such as Old Trail. ~ . October 11, 2006 (Adjourned and Regular Night Meetings) (Page 24) Mr. Kelly Strickler of Dominion Development Resources addressed the Board, saying he was present for the applicant. He said the development was approved as a by-right development for 13 single-family detached homes, but Mr. Gibson wanted to build homes similar to those in Parkside Village, He emphasized that Beights Development was not cooperative when contacted about making the connection, and said the property has a potential for five connections in different directions for the 34 units. He said there is not sufficient sight distance at the end of Killdeer Lane because of a retaining wall, but that would be rectified when the Jarman's Gap improvements are made, Mr, Strickler said they are improving Haden Lane to VDOT standards, The County Engineer, Mr. Kelsey, has walked both roads in the development. The plan deals with the vertical curve as well as widening Haden Lane from 15 feet to 18 feet to accommodate 280 vehicle trips per day, Eventually, he said the development would have multiple points of access. The Commission was happy with the initial proposed density of 40 units, but the 80 percent rule for net development has been accommodated so the number has been reduced. He said there are five different housing types in the development, and showed on a map where the houses would be located on the property, He emphasized that they are going from 20 market-rate houses with four affordable houses to 22 market-rate houses with 12 affordable houses, He said there are four or five culverts on Haden Lane and Killdeer Lane that would need to be relocated, and some mailboxes that would need to be moved back, but most of that topography is flat and the rights-of-way are 30 feet with an 18-foot pavement that would accommodate every bit of traffic the development would generate. . Mr, Wyant asked for clarification of the roads and rights-of-way, Mr, Strickler explained that there is a parking lane inside the property line, a green strip, and a sidewalk, and two feet behind that is the proposed new property line -there are substantial right-of-way dedications throughout this project. He added that there would be a 3D-foot right-of-way, and 18-foot road width and a ditch, but the sidewalk would only go to the property line. Ms. Thomas said Haden Lane adds up to 40 feet, but if it's not, it would be difficult to accommodate the ditch lines, shoulders and other things proposed, She said sidewalks are being created to a certain point, but then there would be no sidewalks from the edge of this proposal to Jarman's Gap Road, Mr. Strickler said they have agreed to do whatever they can to the existing right-of- way, as the applicant doesn't own the next property, Mr, Gibson said his goal is to build the products then try to get young professional people who could serve the community to move in, He wants to make his homes affordable for them, Mr. Rooker said North Pointe has a requirement to build their affordable housing on a staggered schedule so it is built as each set of market-rate units is built. Mr. Wyant said he supports the phasing in of affordable units. Mr, Strickler said the detached housing units on Killdeer Lane and Haden Lane would require approval of a subdivision plat and plans for roads and stormwater management. Phase II will be the townhouses and cottages and they will be built together, In order to do the cottages first, it would take a lot more time and it doesn't quite make as much sense from a business point of view. At this time, Mr, Rooker opened the public hearing, . Mr, Kevin Markee, a resident of Haden Lane, addressed the Board. He said he sent an e-mail to the Board about this development. He thinks this is a wonderful plan, but he thinks putting it into action without the improvements to the road connections at Jarman's Gap Road with Killdeer Lane and Haden Lane is a mistake, He goes to Charlottesville every day from Haden Lane, and he won't go through Old Trail because it takes too long and is too slow. He said improvements at the corner of Haden Lane and Jarman's Gap Road will still be constrained by an abutment to a bridge over Powell's Creek and a telephone pole on the other side. 1 October 11, 2006 (Adjourned and Regular Night Meetings) (Page 25) Mr. Tom Loach pointed out that the matrix in the Crozet Master Plan shows the number of homes for that area has already been used up, plus 100 percent more. He said everyone has been waiting for Jarman's Gap Road to be improved, and he listed the developments that have gone in under the assumption the road would be improved. He said as soon as there is money for the Jarman's Gap Road project the Board can come back and put its plan into action. Mr. Jeff Werner, representing the Piedmont Environment Council, addressed the Board. He applauded Mr. Strickler for his efforts to put five units on an acre. He said developers in other counties have actually stopped short of reaching certain numbers to avoid having to put in the next tier of affordable housing units, so he appreciates the Board's consideration of staggering how they are built. Ms. Mary Rice addressed the Board. She said the population in the Crozet growth area as of August was 4,800 people with 1,875 dwelling units with Certificates of Occupancy. To that number, you must add 3,315 - the total dwelling units that have been finally or preliminarily approved, for a total of 5,224 existing and potential dwelling units. Using the multiplier of 2.55 for those homes ends up with 13,321 people - if not one by-right unit is built and no additional rezonings occur. She said the infrastructure mentioned in the Crozet Master Plan is based on a population of 12,000. The community would already be past that number with the units already approved. She emphasized that while there is no way to tell how fast they will be built, the maximum numbers must be used in planning for infrastructure. She said Crozet is a "cautionary tale" for the rest of the County, as giving developers the full green-light for development will result in double-digit growth rates, and the money for infrastructure is not available, Ms, Barbara Westbrook of Crozet addressed the Board. She presented some pictures of roads ir the area, including Haden Lane, adding that its intersection with Jarman's Gap is "really bad for most of these roads." She hopes the construction traffic would be kept off of the Killdeer Lane entrance during construction, saying people can use Western Avenue but may not be aware that it goes through, She said there are a lot of cars coming through Hillsborough to get to either Route 250 or 1-64, and maybe Western Avenue could be better utilized. She asked Mr. Juan Wade about installation of a sign indicating this road could be used, and he indicated the process for doing so. Mr. Strickler commented that Mr. Gibson builds approximately 30 homes per year in the area. He wants to build homes in the growth area that are more affordable than those in many other new developments. He acknowledged that there are a lot of parcels which have been rezoned so are available in the growth area. That is what the Master Plan was trying to accomplish, He said the Board should keep some flexibility to allow growth were it's needed and discourage it where it's not. (Note: The Board took a brief recess, then reconvened,) Mr, Slutzky said that in the future, he would like to see a phasing of affordable housing in the proffers, and would like to give that signal to staff now, Mr, Davis said the requirement with Old Trail and North Pointe was that they designate affordable building lots in each section as development goes along, They get a credit if more lots are put in, but none of the proffers have actually required construction on lots - just that they be distributed and designated in the different sections, Mr. Boyd asked if any affordable housing units have been built since this initiative was started. Mr, Cilimberg said it is early in the actual rezoning process to determine how the timing is working for affordable housing. Mr. Rooker asked about the Western Avenue situation mentioned earlier, specifically the sign. Mr. Davis said it is a public right-of-way, but it will be privately-maintained until it is taken into the State System. Mr, Cilimberg agreed to have staff follow up on installation of a sign indicating the road goes all the way through, ~ . October 11, 2006 (Adjourned and Regular Night Meetings) (Page 26) Mr. Wyant said the timing has not been favorable because Jarman's Gap Road has not been improved, and the development pattern in the Crozet Master Plan anticipated it would be by now. He said the Crozet Citizens' Advisory Committee has identified that issue in its discussions. Mr. Cilimberg said a lot of what's being done in Old Trail is by-right, and the requirements are not in the ordinance to have that road built to the standard in the Crozet Master Plan for by-right development. Mr, Rooker commented that this is a lot like Wickham Pond on a small scale, and the plan is nicely done, He said the units are being offered at a lower price point than the competition, The problem is with lack of sufficient infrastructure, especially since the Jarman's Gap Road improvements have been moved back. A second point is that this development is being proposed at a higher density than that recommended in the Crozet Master Plan unless the bonus factor is used, Using the approach that staff has been using for the density bonus every rezoning would qualify for a 50 percent higher density than called for in the Master Plan, He emphasized that the infrastructure is just not there, and there are not adequate contributions for it. Mr, Dorrier said this developer is trying to provide affordable housing, but he is coming to the conclusion the Crozet Master Plan needs to be revised to deal with the problem of lack of infrastructure. He does not think the Board can keep piling on new development in Crozet without the infrastructure, . Mr, Slutzky said he is sympathetic with the developer trying to get access to other developments, Mr, Gibson and Mr, Strickler have demonstrated where connections could go, While he agrees there is inadequate infrastructure, it still needs to be addressed in appropriate ways, rather than denying a good Neighborhood Model project inside a designated growth area. He said staff pointed out in their report that if these same units were developed in the rural area, the Board would end up with no proffers, He feels good Neighborhood Model projects in a designated growth area need to be approved until growth is shut down in the rural area, and he supports the project. Ms. Thomas said she has found some decisions to be agonizing. She is glad to see the density proposed, she likes the price points, and the adjacent price points, But she is also concerned about the lack of a connection to Summerford Lane, and the gap in the sidewalk connection to Jarman's Gap Road. If the County doesn't say no at some point, the message is never going to get through to the State that localities are being greatly impacted by their inability to act. Mr, Boyd said he does not know anyway the infrastructure problem can be solved now, and Jarman's Gap Road would likely not be at the top of a list. He feels the applicant has gone to a great deal of expense to build a project like this, which has affordable units and market rate units that are also reasonably priced. Mr, Wyant asked if the plan follows the Crozet Master Plan recommendations, Mr. Cilimberg said the property is located in a CT-3 area, one that is recommended at a density within the bonus provision if the staff's interpretation of how that applies is used. Mr, Wyant said he likes the density of the project and the affordable housing proposed, but he cannot vote for approval at this time because of the lack of offsite improvements, . Mr. Slutzky said he thinks the Board needs to let the development community understand what it expects in the future, If the Board says "no" to this proposal in a growth area, then he thinks it is clear that the applicant will be building his 30 units in the rural area, Mr. Rooker said that is Mr. Slutzky's conclusion. He does not necessarily agree with that conclusion. There are 7,000 units already approved in the growth area, which is almost a 15-year supply of units, and there are a number of additional units "in the pipeline." With that kind of supply available, he 4 October 11, 2006 (Adjourned and Regular Night Meetings) (Page 27) does not buy the argument that everybody who can't get a unit approved in the growth area today will run out to the rural area tomorrow. Mr. Slutzky asked if the Board is saying it will declare a moratorium on approvals of otherwise acceptable development in the growth areas until the infrastructure situation is resolved. What is the development community supposed to expect? Mr. Boyd said he thinks this is a unique situation, as this development has only one point of access (a very poor one), even though there is potential for other connections. Mr, Wyant agreed that it would put a lot of burden on Haden Lane, and he doesn't think it can be built in the 30-foot right of way. Mr, Slutzky said if this is based on site-specific shortcomings. Mr. Boyd said that is definitely the case, and perhaps the applicant could defer the matter until the access point issue is resolved. Road. Mr. Wyant said he has a problem with Haden Lane, and also with its intersection at Jarman's Gap Ms. Thomas said she considers in her deliberation what would happen with the property if it were built by-right, adding that she will approve a project to get the amenities and proffers just because it's better than a by-right without any additional offerings. She stated that in this case, a by-right development wouldn't be "terrible" as the 13 houses allowed would generate less traffic and impact to infrastructure. Mr, Rooker said there are already 3,000 approved units in Crozet. The question is how far in front of infrastructure is development at a density higher than that recommended in the Crozet Master Plan approved. He thinks there are things peculiar to this development that might make it worse than in other cases - the inadequate road leading out to Jarman's Gap Road, the inability to make the other connections, etc. He thinks the Board has to send a message that small cash proffers - in this case $3,200 per unit - are not acceptable. He said Greene County uses $5,600; Loudoun uses $47,000; and, Fairfax is $70,000, To suggest that $3,200 is an adequate number in Albemarle County to compensate for the impact on infrastructure is illogical to him. Mr. Slutzky responded that he doesn't want to set the bar so high those developments are pushed into the rural areas or into a by-right situation. Mr, Rooker said transportation problems and inadequate funding are acute, and these projects simply do not have the infrastructure needed to support them, Board members suggested the applicant seek an indefinite deferral so connectivity issues could be addressed. Mr. Davis said an indefinite deferral might not be the best option, as plans can change, Mr, Rooker said the developer could put in a contingency stating he would not apply for occupancy permits prior to the time improvements to Jarman's Gap Road are completed, He could proffer more for infrastructure, or proffer a different density, etc, He said Board members do not seem to be supportive of this request for different reasons, Mr, Davis pointed out that inadequate public facilities alone is not a basis for denying a rezoning request, but the Board has stated factors beyond that, and has discretion to approve or deny this application, He cautioned them in laying out reasons, He said it would not be prudent to focus solely on lack of infrastructure. He also said this item would not have to be voted on tonight. lO . October 11, 2006 (Adjourned and Regular Night Meetings) (Page 28) (Note: The Board took a recess at 7:45 p.m., and reconvened at 7:52 p.m. After Agenda Item No, 11, the Board resumed its discussion of this petition.) Agenda Item No. 11, Reconsideration of Downtown Scottsville Streetscape Plan Funding Request. Mr. Tucker said the Town has requested that the Board fund half of its initial request for $502,000, as a previous vote on their full request failed by a 3-3 vote. He said the Town will come up with other sources for the remaining half of the cost. Mr. Dorrier said he met with Mayor Phipps and Mr. Hogan, who have until October 22 to provide evidence of funding. They are working to identify those sources. He said the drop in oil prices may affect the project contractor's fee, Ms, Thomas emphasized that if the County puts up one-half, she thinks it needs to be for the plan presented, and the motion needs to be worded so it is expected the project will be shown to the Board, Mr. Dorrier said the Town has not indicated it wants to cut it back on the project. Mr. Boyd said the motion could be worded to say the County would match half up to $250,000. . Mr, Dorrier moved for approval of matching funds up to $250,000 for use by the Town of Scottsville for its streetscape project, and that no changes be made to dilute the value of the project or significantly change the placement of lines underground and other major points of the project - including trees, tree replacement, storm drainage, and placement of underground utilities, Mr. Boyd suggested changing the motion to state the Board approves up to $251,065.14 in matching funds to accomplish the project substantially as presented to the Board, Mr. Davis said the motion is actually to approve an appropriation of up to $251,065.14 to match an amount presented by Scottsville to complete the project materially in the fashion that was previously presented to the Board, Mr, Wyant seconded the motion, which passed by the following recorded vote: AYES: Mr. Slutzky, Ms. Thomas, Mr. Wyant, Mr. Boyd, Mr, Dorrier and Mr. Rooker. NAYS: None. At this time, the Board resumed its consideration of Agenda Item No, 10, ZMA-2005-007, Haden Place. Mr, Gibson addressed the Board and asked what it would take for the Board to approve the development other than the Jarman's Gap Road improvements, Mr, Rooker said he doesn't want to answer hypothetical questions, but the request would need to answer some of the issues raised - contribution to infrastructure, timing, density, affordable housing units, etc. e Mr. Slutzky suggested the applicants speak with Board members informally about the Jarman's Gap Road improvements and other aspects of denial. Mr. Wyant moved to accept the applicant's request for an indefinite deferral of ZMA-2005-007 Haden Place, Ms. Thomas seconded the motion, which passed by the following recorded vote: Ii Attachment B Proffer Form Date: October 2,2006 ZMA: 2005-0007 Revisions: 10/05/06 12/01/06 01/24/07 02/05/07 Tax Map and Parcel Numbers: 55-69 and 56-9 6.69 Acres to be rezoned from R2 to NMD (Neighborhood Model District) in accordance with the Application Plan titled Haden Place, dated September 4,2006 revised January 23, 2007 And prepared by Dominion Development Resources, LLC Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned. These conditions are proffered as a part of the requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning request. 1) Construction of Off-Site Improvements: No later than 12 months after approval of the first subdivision plat or site plan within Haden Place, the Applicant shall design and construct at its sole expense the following: a. Haden Lane Road Widening: Haden Lane, from the southern boundary of Haden Place to Jarmans Gap Road, and from the southern boundary of Haden Place to its terminus at the southern Boundary of Tax Map 56 Parcel 8, shall be widened to a minimum pavement width of20' and shoulders and ditches shall be installed to the extent allowed within the existing right-of-way. The improvements shall be designed and constructed to the satisfaction of the County Engineer. b. Stormwater Drainage to Powell's Creek: The Owner shall not request that the County issue a building permit within Haden Place prior to the construction or bonding of an off-site stormwater drainage system to Powell's Creek in general accord to that shown on the General Development Plan. 2) Interparcel connection to Summerford Lane: Final location for dedication ofthe inter-parcel connection with Ballard Fields will be determined as a condition of first subdivision plat or first site plan approval for any development within Haden Place. The Owner shall design and construct at its sole expense the inter-parcel vehicular connection to Summerford Lane. Said construction shall be completed as designed and approved by the County Engineer, no later than 12 months after /7- TT _'I _. hi _ _ _ . approval of the final subdivision plat or final site plan approval for lots within Blocks C, D, E, F, or G as shown on the General Development Plan. 3) Vehicular Ingress / Egress: Vehicular connection from the Proposed Connector Road shown on the ZMA 2005-0007 Application Plan, last revised February 5, 2007 to Killdeer Lane shall be prohibited until such time that sight distance improvements, acceptable to the Virginia Department of Transportation, are made to the intersection of Killdeer Lane and Jarmans Gap Road. The bollards prohibiting vehicular connection from the Proposed Connector Road to Killdeer Lane shall be removed within 60 days of the Virginia Department of Transportation's acceptance of the sight distance improvements. 4) Future Dedication for Realignment of Killdeer Lane: a. Upon the request of Albemarle County, a fifty (50) foot wide portion of the open space area shown as "Block J" on sheet A5.1 of the Application Plan shall be dedicated to public use, as necessary, for future realignment of Killdeer Lane. The location of the realignment is shown conceptually on the General Development Plan, . b. If the land dedicated in Proffer 4a is not used for its stated purpose within 10 years of dedication, then the Owner may pursue vacation or abandonment of the dedicated right- of-way. 5) Cash Proffers: The Owner shall contribute a total of $82,000 cash for the purpose of mitigating traffic impacts from the development. The cash contribution shall be used only for the purpose of funding transportation projects identified in the County's Capital Improvements Program within the Community of Crozet. The cash contribution shall be paid in increments of $3,200 for each detached market rate unit and $2,700 for each market rate attached unit, prior to or at the time of issuance of the building permit for each unit. If this cash contribution has not been exhausted by the County for the stated purpose within ten (10) years from the date of the last payment of the contribution, all unexpended funds shall be applied to project(s) identified in the County's Capital Improvements Program within the Community of Crozet. 6) Affordable Housing: . a. The Owner shall provide six (6) "for sale" residential units of affordable housing in Haden Place as identified on the Application Plan. The Owner shall convey the responsibility of constructing the affordable units to any subsequent purchaser of the subject property. The current Owner or subsequent Owner shall create units affordable to households with incomes less than 80% of the area median income, such that housing costs consisting of principal, interest, real estate taxes and homeowner's insurance (PITI) do not exceed 30% of the gross household income. The Albemarle County Office of Housing or its designee shall approve all purchasers of these units. The Owner/builder shall provide the County or its designee a period of 180 days to identify and pre-qualify an eligible purchaser for I~ Haden Place PT"ff"T J;^~ the affordable units. The 180-day period shall commence upon written notice from the Owner that the units will be available for sale. This notice shall not be given more than 120 days prior to anticipated receipt of the certificate of occupancy. Ifthe County or its designee does not provide a qualified purchaser during this period, the Owner shall have the right to sell the unite s) without any restriction on sales price or income of purchaser. This proffer shall apply only to the first sale of each ofthe six (6) units. b. Prior to the issuance of the fifteenth building permit for a market rate dwelling unit within Haden Place, the Owner shall obtain certificates of occupancy for three (3) affordable dwelling units. Prior to the issuance of the final building permit for a market rate dwelling unit within Haden Place, the Owner shall obtain certificates of occupancy for all of the affordable dwelling units within Haden Place. 7) Historic Resources: As a condition of the first preliminary subdivision plat or preliminary site plan approval for any development within Haden Place, the Owner shall provide a reconnaissance level survey performed by an architectural historian or other qualified individual, to adequately provide an archival record of the existing homestead. The survey shall meet the requirements of the Virginia Department of Historic Resources Reconnaissance Survey Field Form, and results shall be included in the Haden Place Code of Development. 8) Overlot Grading Plan: For any subdivision not requiring a site development plan, the Owner shall submit an Overlot Grading Plan to the satisfaction of the County Engineer. The Owner shall obtain approval of the Overlot Grading Plan by the County Engineer before the first final subdivision plat or site plan is approved within Haden Place. The Owner shall not request that a Certificate of Occupancy be issued for a dwelling unit on a lot if the County Engineer has determined the lot grading is not consistent with the approved grading plans, Signature of Owner, '1/111/ It ~r"Li endell W. Gibson, President Wendell W. Gibson, Inc, lJ Q /I) Je. (( k). G I' 65 oN' Printed Name of Owner 2-- ~- 0 7 Date It TT_.J__ nl___ n_.......r:t:'...._T':'~_ . ............-. ...~;o-..~' . . ....-~'"::=--a...~=-=-~Ii;,~1A1U . I - / !; ." /'/ /1 IrJ7 : .J '/,/ 1/ . ~! .//' ~ /!/ q :' II ,r, .!i ! I j '/! .< . iT / ' ' /' Ii iI .I Attachment E IP ,i ,,!!O" ci" II 'B I ; ~ " . ," l' "'"" . ii / I I = <c... ....,... .... -. -.... .. ......... (1EJ{E. --...oc . -- --- -----. 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MA.GISl'DlA)..DI8TRJCT: R\ V ~ 'OF ACRES TO BECOVEBBD BY~ mE PERMIr(irapGrtlollltmwt be ddbleated 011 a p1a1): ~D. \ :& 1IIiB IJIlIlIlOCIlIJeDt1D IJI GlldugSplclalU" perm.ltf If Yes praride tItat SP Number. 0 ns NO Are a 1& wIdL tbll ? YES NO CoDlactJ.telwa{WhOlbClaJdwecalIlMits~thlspnjecl2):\lolC:ie.. ijj. ~ ) W \ lli/UY\s .M v.l\ef\- .Adc!nl11l3n ~.JJv1iY\ G-. SuHe~ CiJ}w\o-Hei!il.Q.. S1SVA ~Ci2.- ,. DaytbcPlJOllC~~ll'altt#~~:s.mail '\' .~ Omoerot:: \J~r:~ \CA.- oUlAd. -ri'l.lDt ......._~~~~ ~ ~~f~\\Q s~ V~ ZiplZQOb DaylimaP&cm LJ i'1lE# L.J Jl.mQl Appllc:aDt(Wllclfs OmIetp~NoY~ ~V(~ I L. \... C. AMr_ ~e ~~ 'Cit,y~~\\\Q.. SIIIIIIV~ ~c:&-'3Stb Pl'l~"'LHl.f\ Pax.~ di3-"J't1 BoIIIail~C.2.Q ~. e..IrM.. o SpecIal Use l't:mIils: o v.;..,...., CollcuneDt....u.w olSll&DevcIopmeucPlM? I J1OR.OI'J'[Cl!: VS&OIlLV . 1'ecAmollDtS n.Pa!II SPit lJ tal: of AIIIIIariIat!oll NO BywlD? Rilcefpt# CklI Ill,; I CoIUrty oiAlhemarle Department of Community Development 401 M~Road Charlo~- VA.u90~;V.oI~(434}296-S83Z.Fax:.(434) 912-4126 8I1,0c)6 Pap 1 of4 ... I , ~ . -, , Section 31.2.4.1 of the Albemarle County' Zoning OIdinance states that, '"Tho board of supervisors he:l:eby reserves UIJto'itao1f1he right to issue aU special use peanits pemrltted hereunder. Special uae permits for 'Q8Ol5 as praridod in thiII otdinanDc may be iQued upon a finding by the bomi of rmpervisors tbat suah use will not be of sube1antial detrimmrt to 8.lljaccmt property, tbat tbt; ~ oflDe disb:ictwi11 not be changed tb8reby and that BDCh uso wiI1 be in hatmony wilh the putpOSO and intc:al ofthia ordinance. with the uses ~ by right in tbe district, with additional regulations provided in section 5.0 of this ordinance, and with.the public bcalih, safety and gcne;mI we1filre. .. Tho i1mns that fuUowwilI be reviewed by the staff in their analysis of yoUI request. Please eamp1ete this form and"provide addi1iom1 iufil1.mation which will assist1he County in itUfM8W of you request. JfjOU need 88Ilis1anae fiIlin,g 0111 ~ese item&. stBff is 1MlilabIe. How will the proposed spl:Qial use affeet adjaoc:Dt property'l ~ n..~~. :&w will thcproposcd apec:ia11l8O Iffi=ct 1be cbamcter ofthc diaO:(s) SUItOIJElding lhOproperty? ~e.t. o.+btrherl. How iS1De UlIC in haImoDy with tho purpose and intont of'lhe- 2dmiag OJ:diumce? ~e o.+'buJ,ed. How is the-ose in haImDay wUh. the uses pmniticd by rlgbtia thedimict? ~ee. (l. --\:to thu . What additi~ rcgu1ztiOIlS pmYided in ~ 5.0 oflhe Zoaing Ordinance apply to 1bis use? ~ee. a.-t*tat-he.d. ~ow will this use prcmotlS thepubJic health,. saii:ty. and genec:al welfare of1he eommnnity? ~ee Cl#tl~. an~ PJta<I2of4 n. 1 , . Describe your IIlQ.uest in detail and inolude aU pertinent iDformation such as the number ofpextlOllS involved in the use, operating hOUtS, 8I1d any unique features of'fbe use: ~ 0. ttd cl1 d . ATrACIWENTS DQUDltD -provide two (2) copies ofc:a.ch. IJ 1. Rflcordcd plat or reccnded botmdary survey offho property xequested fur the permit. Iftbcre is no recoMed plat or baundaty S1ltgey. p1eaae provide legal de8criptian ofthc property and the Deed Book 811d page nnmber or PlatBook and p8F JI1ID1ber. Q 2, ()wnm8hip infOImAMn - If ownemhip ofb proplStt,Y is in the runnc of any 1;Ype of1cgal eulity or organi2a1ion.incIurling. but not 1imi1ed fe. the :name of a cDIpOIlltion. partneI8bjp or assooiation. or in the J1llDle ofa 1Iu8t. or in a fictitioos name., a docwmmt acceptable 10 tho Co1U11y must be subnritlJed cerIifyi:Jig '!hat file petIOIl signing below has the autbmity to do so. lfthe applicant is a con1J:act purabaser, a document ~le 110 1fIc County DBlst be sulm1it:l!ld. containing tbD ownet's writlien consentto !he application. Ifthc appIicaDt is tho agent ofb OWDM. II documcm acceptable to the Count;y must be su"bmiUed that is evi&mce ofb: cDstCDCC.md soope,of1bc agency. - . OP'llONALATTA.ClIMENTS: o 3. Provide 16 copic8 of DY drawfng& or COIICCptual plans. o 4. Additional InfomJation, if any. (16 copies) OwBer/Appllcaut MutJlead and Sip I h=eby~thatI own the subjecl:propc.rty. orhavcthe legalpowertoacl:on bllbalfoflhc owner in fiJmgtbis appllcatiou. ; I also certify that b iDfom:Ja!ion provided 011 this application aadaccompanyiug intbr.tnation is &CCU%lIte. ttuc, and correct to ; t;.~o~;;Cektt&o)u.\\~) LL~_ _AA h ,Ne.~lJioyl...ood. :ri\JeGt~ -N~ LJ-f ~~ ,~~~ - ~e.......e -~ t.cr ~I~" ti3'tf!q~~ SlprtmeO t . a!C ~ ~ \ .! t~ ~'t'. 414/ - (Ed IV \ PrintNamc ~phone~ ~fSignatory t 817Jll!S P8ac g 0(4 >! , , FEES [J Rma! -= div/siCXI fhr the purpoBe of "fimnly divlaion" Where III cripBl1980 ~opDlIlI1t ripta have bor:D exhausI.cd ItIIder "ftIm11ydivisioD" at deftned lIDlb' sccIion 14-106 (IS) of'thc subdi'villioa ordinance "'$22.0 o Rmalatelldlvisionl-Sl,240 [J Commmcial1llO" 1980 C Indu'8IriaI uil8" "$1.020 o 1'rive1e~facility-Sl,02() o Mobile boma pIIic or IlIIbdiviaion '" $980 Public utiIitiof= $1 ,mo 0:radaIil1l in G1e flood pJsin = $870 . 1:1 Mincrall1lllldmerlt ID validspccla1 usr:peani1or .lIpCOialllScpormlttoallowminor~ian ofUon-eanformingUS8=SllO C BJdeDding apeoial uae pcmita.. $70 a Home: (Ic;c:upIlIion-B-S440 r:a Par day cara Cllldcn - six (6) to me (!}) ehUdrcD .. $490 CJ For dI1 cara caIICI'lI - tal (l 0) OI"lI1OtO cbiIchm" $980 o All adicruscs a=:pl: sip" $980 . . Q Sip _ Per Cbapta' 18 SecliaD 4.15.5 Bleclric 1tIllIIllIIF sigos. off-sittl ~ lIIld $igos in public fish1s-of-way - 5:120.00 (Be8ni bdlreJhe BoBidofZcmhls AJlPIl8ls- BZA). &'1Alti~4of4 . COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SP2006-34 North Pointe Stream Crossing at Northwest Passage AGENDA DATE: February 14, 2007 ACTION: X INFORMATION: SUBJECT/PROPOSALlREQUEST: Modify an existing stream crossing by replacing an existing 60" corrugated metal pipe with a box culvert to serve the proposed Northwest Passage entrance for the proposed North Point Community (ZMA 2000-009) STAFF CONTACT(S): Ambler CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes LEGAL REVIEW: No BACKGROUND: On January 9, 2007 the Planning Commission held a public hearing on the North Point stream crossing at Northwest Passage, The Planning Commission recommended approval of the stream crossing with staffs ten recommended conditions, plus an eleventh condition specifying that the permit would be valid for a five-year period, Conditions 1 through 5 are standard in nature and deal with review and approval of engineering issues associated with the stream crossing, Conditions 6 through 8 deal with specific landscaping requirements requested by the Architectural Review Board, No concerns were raised by the Planning Commission for these first 8 conditions of approval. However, conditions 9 and 10 involve the request by the ARB to formally review the project road plans for landscaping and design details, The Planning .ommission questioned the authority of the ARB to review road plans and expressed concern over the intensity of design .view that would be afforded the ARB. In its approval of the special use permit, the Planning Commission ruled that conditions 9 and 10 shall remain open for revision by staff, DISCUSSION: In response to the Planning Commission's concerns, staff recommends that the formal review of the road plans by the ARB is not imperative to ensure that the landscaping and design issues requested by the ARB are considered, Instead, the County Design Planner can be afforded the opportunity to review the road plans for these items, Utilizing the Design Planner for review will also promote efficiency in the development review process, Also in response to the Planning Commission's concern about the intensity of the design review, staff recommends that color of the box culvert will not likely be visible due to the height of the fill slope, and so review of the color is not necessary, RECOMMENDA TIONS: Staff recommends approval of SP 2006-34 with conditions #9 and #10 amended as follows: 9. All of the above-noted landscaping shall be shown on the road plans submitted for Northwest Passage, The plans shall include a complete planting schedule keyed to the plan, The plans are subject to approval of the AAPrDesign Planner. 10, Design details of the retaining walls, including column cap design, pier design, stone finish, other materials, etc., culvert color, plant size and planting configuration shall be shown on the road plans and are subject to ARB 3pprov31 3S pClrt of the review 3nd ClpprovClI of the r03d plClns approval of the Design Planner. ATTACHMENTS Planning Commission Action Letter for January 9, 2007 .taft Report dated January 9, 2007 with attachments . . . G COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 January 24,2007 Valerie W. Long Williams Mullen 321 East Main Street, Suite 400 Charlottesville, V A 22902 RE: SP 2006-034 North Pointe - Stream Crossing (Sign #8) Tax Map 32 Parcel 22K Dear Ms. Long: The Albemarle County Planning Commission, at its meeting on January 9, 2007, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1. County and VDOT approval of the final lane configuration for the Northwest Passage over the stream crossing with the final road plans 2. County and VDOT approval of final design plans and hydrologic/hydraulic computations for the stream crossing. 3. The applicant must obtain a map revision, letter of revision, or letter of amendment as required from the Federal Emergency Management Agency (FEMA) and copy the County Engineer on all correspondence. 4. County approval of a grading and an erosion and sediment control plan prior to the issuance of a grading permit for modification of the existing stream crossing. 5. Natural Resources Manager approval of a stream buffer mitigation plan prior to the issuance of a grading permit for modification of the existing stream crossing 6. Provide an informal planting of mixed tree and shrub species and sizes to compensate for removed vegetation, and low-growing plants to stabilize slopes in the "proposed landscaping areas" shown on the plan submitted for ARB review entitled "Proposed Entry Layout with Landscaping North West Passage Intersection @ Route 29 North" with revision date of 12-04-06. 7. Provide large shade trees on the north and south sides of Northwest Passage, along the sidewalk and space reserved for the sidewalk, 2Yz" caliper minimum at planting, 40' on center, for a minimum distance of 400' from the existing edge of pavement ()fRoute 29 North. 8. Provide trees in the median of Northwest Passage, beginning at the point closest to Route 29 North that can be approved by VDOT and extending for a minimum distance of 400' from the existing edge of pavement of Route 29 North. The planting shall take the form ofa continuous informal mix oflarge, medium and small deciduous trees ranging from 1 Yz" to 2W' caliper and evergreen trees ranging from 4'-6' in height. 9. All of the above-noted landscaping shall be shown on the road plans submitted for Northwest Passage. The plans shall include a complete planting schedule keyed to the plan. The plans are subject to review of the ARB. 10. Design details of the retaining walls, including column cap design, pier design, stone finish, other materials, etc., culvert color, plant size and planting configuration shall be shown on the road plans and are subject to ARB approval as part of the review and approval of the road plans. 11. Ifthe use, structure, or activity for which this special use permit is issued is not commenced within sixty (60) months after the permit is issued, the permit shall be deemed abandoned and the authority granted thereunder shall thereupon terminate. The Commission also ruled that conditions 9 and 10 shall remain open for applicant and staff to review at and revise if necessary before the Board of Supervisors public hearing date. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on February 14, 2007. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296-5832. Sincerely, ~~ Tamara Ambler Natural Resources Manager Planning Division TA/aer Cc: North Pointe Charlottesville, LLC C/O Great Eastern Management Co. P.O. Box 5526, Charlottesville, VA 22905-5526 Virginia Land Trust; Charles Wm Hurt & Shirley L Fisher Trustees POBox 8147, Charlottesville VA 22906 Ella Carey Amelia McCulley Jack Kelsey Steve Allshouse . Project Name: SP 2006-34 North Pointe Stream Staff: Tamara Jo Ambler Crossing at Northwest Passage Planning Commission Public Hearing: Board of Supervisors Public Hearing: January 9, 2007 February 14, 2007 Owners: Virginia Land Trust - Charles WM Hurt & Applicant: North Pointe Charlottesville, LLC Shirley L. Fisher Trustees Acreage: 20.1 acres Special Use Permit for: Request for fill in the floodplain for road crossing in accordance with Section 30.3.05.2.1 (2) of the Zoning ordinance TMP: 32-22K Conditions: Yes Location: East side of Route 29 North (Seminole Trail) across from Lewis and Clark Drive. Existing Zoning and By-right use: PD-MC Planned Magisterial District: Rivanna Development - Mixed Commercial - large scale commercial uses with residential use by special use permit (15 units/acre); FH Flood Hazard Overlay District - agricultural, recreational, and utility location uses which will not pose a danger to life or property in the event of a flood; EC Entrance Corridor Overlay District - overlay to protect properties of historic, architectural or cultural significance from visual impacts of development along routes of tourist access; all uses permitted by right in the underlying districts Requested # of Dwelling Units: N/A DA (Development Area): X RA (Rural Area): Proposal: The applicant proposes to modify an existing Comprehensive Plan Designation: stream crossing by replacing an existing 60" corrugated Neiahborhood Densitv Residential - residential metal pipe with a box culvert to serve the proposed (3-6 units/acre) and supporting uses such as Northwest Passage entrance for the proposed North religious institutions and schools and other small- Pointe Community (ZMA 2000-009). scale non-residential uses. Character of Property: The immediate vicinity of the Use of Surrounding Properties: The property is project area is currently wooded and undeveloped. located across Route 29 from the University of Virginia North Fork Research Park and is one of 18 parcels associated with the proposed North Pointe Community (ZMA 2000-009). Factors Favorable: Factors Unfavorable: 1. No impact to neighboring properties is expected as a Staff has not identified any factors which are result of this special use permit unfavorable to this request. 2. No increase in flood levels will result from the modification of the existing crossing. 3. The new crossing may result in a reduction of the 1 OO-vear flood elevation RECOMMENDATION: Staff recommends approval with conditions. COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY . . 1 PETITION: PROJECT: SP 2006-34 North Pointe Stream Crossing at Northwest Passage PROPOSED: Request to modify an existing stream crossing by replacing an existing 60" corrugated metal pipe with a concrete box culvert to serve the proposed Northwest Passage entrance for the proposed North Pointe Community (ZMA 2000-009). ZONING CATEGORY/GENERAL USAGE: PD-MC Planned Development - Mixed Commercial - large scale commercial uses with residential use by special use permit (15 units/acre) - a special use permit does exist for residential use (SP 2002-072); FH Flood Hazard Overlay District - agricultural, recreational, and utility location uses which will not pose a danger to life or property in the event of a flood; EC Entrance Corridor Overlay District - overlay to protect properties of historic, architectural or cultural significance from visual impacts of development along routes of tourist access; all uses permitted by right in the underlying districts SECTION: Section 30.3.05.2.1 (2) of the Zoning ordinance COMPREHENSIVE PLAN LAND USE/DENSITY: Neighborhood Density Residential - residential (3-6 units/acre) and supporting uses such as religious institutions and schools and other small-scale non- residential uses. ENTRANCE CORRIDOR: Yes_X_No_ Location: East side of Route 29 North (Seminole Trail) across from Lewis and Clark Drive. TAX MAP/PARCEL: 32-22K MAGISTERIAL DISTRICT: Rivanna CHARACTER OF THE AREA: The parcel is located on the east side of Route 29, and is across from the University of Virginia North Fork Research Park, which is served by Lewis and Clark Drive. Route 29 has been identified as an Entrance Corridor by the County Zoning Ordinance. The North Fork of the Rivanna River and several parcels associated with the proposed North Pointe Community are to the east and south. The area to the north contains a mixture of low density residential, commercial, and undeveloped properties. SPECIFICS OF THE PROPOSAL: A special use permit is being requested for fill in the floodplain to modify an existing stream crossing of Flat Branch. The modified stream crossing will serve the proposed Northwest Passage entrance to the North Pointe Community from Route 29. The existing crossing utilizes a 60-inch corrugated metal pipe with earthen fill over the pipe and adjacent to Route 29 to provide a roadbed connection from Route 29. This existing crossing serves only as access to the property from Route 29, and is not associated with any improvements to the property. No file information for this original crossing is available, and it is assumed that the crossing served as farm or forestry access. Photographs of the existing crossing are attached, and show that the upstream side of this existing culvert is currently blocked, hindering natural stream flow and exacerbating flood conditions. The new crossing will utilize a concrete box culvert with earthen fill over the box culvert and adjacent to Route 29 to provide a larger roadbed connection to Route 29 and to accommodate improvements to Route 29 associated with the construction of the Northwest Passage. The 2005 FEMA Flood Study and Maps included this stream in the "detailed study" and the Base Flood Elevations were determined. According to this study the 1 OO-year flood elevation at the downstream side of the existing stream crossing is base flood elevation 385.5. The 1 OO-year flood elevation on the upstream side of the existing Flat Branch stream crossing rises to the base flood elevation 399.7, very likely due to the capacity constraints of the existing 60-inch culvert, and floodwaters appear to impact Route 29 Northbound. The applicant states that the replacement of the existing culvert with a 8-foot by 6-foot box culvert will reduce the elevation of the 1 OO-year floodplain on the upstream side of the crossing to elevation 392, thereby reducing or eliminating the apparent existing impacts to Route 29 Northbound. The length of the new box culvert and subsequent design and treatment of the fill slopes for Northwest Passage have not yet been finalized because approval of the lane configurations for Northwest Passage and related improvements to Route 29 have not been granted by VDOT and water quality 2 · permits have not yet been authorized by Federal and State water quality permitting agencies for impacts to Flat Branch. If final lane configuration design for this stream crossing involves improvements to Route 29 Northbound then a longer box culvert and additional fill may be required to accommodate those improvements. Because the design has not yet been finalized it is the intent of this special use permit request to authorize the necessary fill in the floodplain associated with the overall final lane configuration for the construction of the Northwest Passage crossing over Flat Branch and the associated improvements to Route 29 Northbound. The authorization will prevent the applicant from the need to revise the special use permit as a result of minor design changes. Regarding the design and treatment of the fill slopes associated with the modified stream crossing, if a longer culvert is utilized then the roadway cross section for Northwest Passage will consist of the typical vegetated 2: 1 fill slopes. If a shorter culvert is utilized, then stone retaining walls will be incorporated into the 2: 1 fill slopes to shorten the slope length and provide for the necessary roadway section. The slopes and the retaining walls would be visible from the Entrance Corridor. The modified crossing will be located within the vegetative stream buffer for Flat Branch required by Section 17-317 of the Water Protection Ordinance. This buffer area has been previously impacted by the installation of the existing crossing. The applicant has proposed to mitigate these impacts as required under Section of 17-322 of the Water Protection Ordinance through restoration and permanent preservation of riparian areas along Flat Branch as part of an overall stream impact mitigation plan currently being developed for the cumulative impacts associated with the entire North Pointe Community project. . PLANNING AND ZONING HISTORY: In 1997 the Planning Commission and the Board of Supervisors approved SP 1997-046 (see Attachment C) for fill in the floodplain for Virginia Land Trust to expand this existing crossing of Flat Branch to provide access to a proposed Korean Community Church on an adjacent parcel, which was also authorized by special use permit (SP 1997-003). The permit was valid for five (5) years and construction did not commence within that timeframe. In 2002 the Planning Commission and the Board of Supervisors approved 2002-047 (see Attachment D) to extend the original special use permit for fill in the floodplain for another five (5) years. The original permit for the Korean Community Church was also approved in 2002 for another five (5) year period (SP 2002-035). To this date no activity or construction has commenced under the approved extensions. On August 2, 2006 the Board of Supervisors approved a rezoning request for the proposed North Pointe Community. The concept plan associated with this rezoning illustrates this crossing of Flat Branch to serve as the northernmost of three proposed entrances from Route 29 to the proposed North Pointe development (see Attachment B). Although SP 2002-047 has not yet expired, the scope of work authorized under that permit would not be sufficient to accommodate the proposed entrance to the North Pointe Community. As stated above, it is the intent of this new special use permit to authorize the necessary fill in the floodplain associated with the overall final lane configuration for the construction of the Northwest Passage crossing over Flat Branch and the associated improvements to Route 29 Northbound. The authorization will prevent the applicant from the need to revise the special use permit as a result of minor design changes. .conformitv with the Comprehensive Plan: The Open Space and Critical Resources Plan, a component of the Comprehensive Plan, identifies this area of the proposed stream crossing modification as a "major and locally important stream valley" due to the presence of critical slopes and 1 OO-year floodplain for Flat Branch. The concept plan associated 3 with the approved North Pointe Community rezoning illustrates the stream valley areas around the proposed crossing as "conservation areas with utilities" and calls for these areas to remain undisturbed and protected from development beyond the construction of streets, pedestrian paths, stormwater management facilities and utilities. The Stormwater Master Plan, also a component of the Comprehensive Plan, identifies this portion of Flat Branch as "community and private use/trails", which means that the primary objective of these stream corridors is to provide access to natural refuge and trails in proximity to developed areas. STAFF COMMENT: Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance 31.2.4.1: Special Use Permits provided for in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantia/ detriment to adjacent properly. The County Engineer and engineering staff have reviewed the applicant's proposal, and concur with the applicant's conclusion that the replacement of the existing 60-inch culvert with an 8-foot by 6-foot box culvert and the placement of fill for this stream crossing and road improvements will not result in an increase in the 1 OO-year flood elevation and will not detrimentally affect adjacent properties, and that this new crossing may result in a reduction of the 1 OO-year flood elevation. that the character of the district will not be changed thereby and The Architectural Review Board conducted a full review of the proposal, and because length of the culvert and subsequent treatment of the fill slopes for Northwest Passage have not been finalized, the ARB requests review of the road plans. If a longer culvert is utilized then the roadway cross section for Northwest Passage will consist of the typical vegetated 2: 1 fill slopes. If a shorter culvert is utilized, then stone retaining walls will be incorporated into the 2: 1 fill slopes to shorten the slope length and provide for the necessary roadway section. The slopes and the retaining walls would be visible from the Entrance Corridor. The ARB has requested to review the treatment of the fill slopes and the design of the retaining walls that might be used. The ARB has also recommended conditions regarding the streetscape planting associated with the stream crossing. Conditions for approval relating to the ARB's further review of the design are listed as items 6 through 10 below, and are listed in the attached excerpt from the ARB action memo dated December 18, 2006. that such use will be in harmony with the purpose and intent of this ordinance. The intent of the Planned Development - Mixed Commercial zoning is to permit development of large- scale commercial areas with a broad range of commercial uses under a unified planned approach. The Flood Hazard zoning has the purpose and intent of restricting development in the floodplain which may result in danger to life and property, public costs for flood control measures, public costs for rescue and relief efforts, soil erosion and sedimentation, pollution of water resources, and general degradation of the natural and man-made environment. The purpose and intent of the Entrance Corridor Zoning is to protect properties of historic, architectural, or cultural significance from visual impacts of development along routes of tourist access. The modification of the existing crossing of Flat Branch to improve the passage of normal streamflow and floodwaters is in harmony with the Flood Hazard overlay zoning. The final design of the retaining wall, slope treatment, and streetscape planting for the crossing will be reviewed by the ARB to ensure that the treatment is appropriate for the Entrance Corridor overlay zoning. with uses permitted by right in the district. The modification of an existing stream crossing to provide access to a planned development would appear to be in harmony with the other uses permitted by right in the district. 4 . . . with the additional regulations provided in section 5.0 of this ordinance, There are no supplementary regulations relating to the placement of fill in the floodplain for a stream crossing in Section 5.0 of the Zoning Ordinance. and with the public health, safety and general welfare. The modification of the existing stream crossing to provide a larger culvert will not raise the 100-year flood elevation and will not detrimentally affect adjacent properties. The modification may result in a decrease in the 1 OO-year flood elevation. SUMMARY: Staff has identified the following factors which are favorable to this request: 1. No impact to neighboring properties is expected as a result of this special use permit 2. No increase in flood levels will result from the modification of the existing crossing. 3. The new crossing may result in a reduction of the 1 OO-year flood elevation Staff has not identified any factors which are unfavorable to this request. RECOMMENDED ACTION: Staff recommends approval of the request with the following conditions: 1. County and VDOT approval of the final lane configuration for the Northwest Passage over the stream crossing with the final road plans 2. County and VDOT approval of final design plans and hydrologic/hydraulic computations for the stream crossing. 3. The applicant must obtain a map revision, letter of revision, or letter of amendment as required from the Federal Emergency Management Agency (FEMA) and copy the County Engineer on all correspondence. 4. County approval of a grading and an erosion and sediment control plan prior to the issuance of a grading permit for modification of the existing stream crossing. 5. Natural Resources Manager approval of a stream buffer mitigation plan prior to the issuance of a grading permit for modification of the existing stream crossing 6. Provide an informal planting of mixed tree and shrub species and sizes to compensate for removed vegetation, and low-growing plants to stabilize slopes in the "proposed landscaping areas" shown on the plan submitted for ARB review entitled "Proposed Entry Layout with Landscaping North West Passage Intersection @ Route 29 North" with revision date of 12- 04-06. 7. Provide large shade trees on the north and south sides of Northwest Passage, along the sidewalk and space reserved for the sidewalk, 2W' caliper minimum at planting, 40' on center, for a minimum distance of 400' from the existing edge of pavement of Route 29 North. 8. Provide trees in the median of Northwest Passage, beginning at the point closest to Route 29 North that can be approved by VDOT and extending for a minimum distance of 400' from the existing edge of pavement of Route 29 North. The planting shall take the form of a continuous informal mix of large, medium and small deciduous trees ranging from 1 Y:z" to 2Y:z" caliper and evergreen trees ranging from 4'-6' in height. 9. All of the above-noted landscaping shall be shown on the road plans submitted for Northwest Passage. The plans shall include a complete planting schedule keyed to the plan. The plans are subject to review of the ARB. 5 10. Design details of the retaining walls, including column cap design, pier design, stone finish, other materials, etc., culvert color, plant size and planting configuration shall be shown on the road plans and are subject to ARB approval as part of the review and approval of the road plans. ATTACHMENTS: Attachment A - Location Map Attachment B - Proposal from applicant Attachment C - Board of Supervisors Action Letter for SP-1997-046 Attachment D - Board of Supervisors Action Letter for SP-2002-047 Attachment E - Photographs of Existing Stream Crossing Attachment F - Excerpt from Architectural Review Board Action Memo for ARB-2006-129 and proposed entry layout with landscaping concept submitted to the ARB 6 . 019 020 021 . 32-41 " ---r/ / "-./', i / ". '/U ._.S"'_., -......:.n 32-1.____/ ,r--/ ",...-.",..: '.......no....... , '" ''''''''''-'. " tt}?~~.'5'~. . \. \ ~ / ( "../ / .// / / A'. /./... 2A / / '/'" / /. "" ."..../ ...:"\.......-........./-..\.. ./ North Pointe - Stream Crossing ~/ SP 2006-00034 Tax Map 32, Parcel 22K ;~.. {/~i:P<:. ,) ;~~/ CII:J.: \ ,) '..~ .// ! '--.-. '''.. '32-10 32-1001 \. 32-10C 32-10'02 .'\ 32-100 32-1003 'Y'3MQ.E 32-1004 ,32-10F'.. 32-1005 \32-10G "i!2-1006 ,32-101 ~1oo7 /32-10J 32'1008 : 32-10P 32-1009 "a2-10S 32-1010 32:10U 32-1011 32-10X 32-1012 32-10Y 32-1013 32-10Z 32-1014 32-1088 '32dOCC "'" 32-1000 '-" 32-10EE "32-2001 32-2002 32-2003 32-2004 32-2005 32-2006 32-2007 32-2008 32-2009 32-2010 32-2011 32-2012 32-2013 32-2014 , \. 33-15 /' \.:..........." \ -.,/ C::':'7 ,.-/ '-....1" 32-24 i :~: .I .-----.-./ . 800 Scale 1.800 2.400 Albemarle County Tax Map: n~? 1 ~7 F." Note: This map Is for display purpos.s only and shows parcels.s 0(12/3112005. Sse Map Book Introduction for additional datalls. Attachment A 1 S l JY'\ PROJECT NAME: (bow should we refer to this appUcatlon?): PROPOSAL: S4-Yeo..m.. Crossi ~ . EXISTING COMP PLAN LAND USElDENSITY: LOCATION: YIOr: Pr TAX MAP PARCEL(s): "3 Z - 2.2-K. MAGISTERIAL DISTRICT: f<\ y llJU\1).... # OF ACRES TO BE COVERED BY SPECIAL USE PERMIT (if a portion it must be delineated on a plat): ~O. \ Applic'ation for Special Use Permit Is this an amendment to an existing Special Use Permit? If Yes provide that SP Number. 0 YES NO Are ou submltti a re site Ian with this a Iication? 0 YES ~ NO Contact Person (Who should we caJllwrite concerning this projecl?):\l rMe.rie.. 'Jj. ~ ) W \ l t, OJ'V\S M u..llOf\- Address32\ €-. ).AoiV\ Q-. Su.i-k \\:00 ciJ:Vw\()*~"dl.Q.. State VA Zi2,7!f()2. . DaytimePbOne~~Fax#~~E-mail "lon.9@W\lli~smu.bW\. ~ Ownu .r....... ~\ rt~o-. I.4Act -rn.wt Address~\.) ~ ~\'-tJ Ci~~V\\~ State V/\ Zip~ Daytime Phone L..J Fax # L-) E-mail A.pOuR' (Who "r """""......- Nor-\h Po(~I~viUe, L. L . C. CO ~ e~ ~~CD. ~~ \1_ -c... ~-S '11 Address 0. &:# 5'32..b City \ \U.. State V /'r.. Z~ "J;;>--;7 ~ DaYtimePhone~ ~~-4-ltf\ Fax#~ ~3-lQJ't1 E-mail ~c..2.~ ~. C.JlW\. Does the owner of this property own (or have any ownership interest in) any abutting property? If yes, please list those tax map and parcel nwnbers ~~. e ~\dW\ ~ 0 (U"l- ~Of= fOir'\:te -t\t\ are dI'lt1~ 'oi Vo..Y\ OlA.S <:.V\ . ~e.~: 32.....'23 :!>2.- 2.'3A. 32,.. 2.~6) ~- z.e>c-) '3 .. 2~ 1 0:;2.-2'312) 32..... 2'3 r) 32,- 23G-) ~.z...'2..-;\.1) ~- Z'3"S ) ~- 20) ':32..-2DA )~2.- 2.-DA),.., ~z.:- 2oA~) ~2 - 2.0 A. 3 -=32..... 22\-t ~2..t-~$. ~ ....-- ....../ . Histo!)': ./ IW" Special Use Permits: .I q Cr> - OO_~ I I qq 7 -0 Y<p IJY'" ZMAs & Proffers: ~ (X)() ~ Q) q o Variances: lJ Letter of Authorization Concurrent review of Site Development Plan? DYES DNO FOR OFFICE USE~ Y .~, I/) co J" I SP # _ Fee Amount 970 Datepai~~ho? County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, V A22902'voic~: (434) 296-5832 Fax: {43~~~2:t~2~CQo Snl06 Page I of 4 COMMUNITY DEVELOPMENT Attachment B ~ . Section 31.2.4.1 of the Albemarle County' Zoning Ordinance states that, ''The board of supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the board of supervisors that such use will not be of substantial detriment to adjacent property~ that the character of the district will not be changed thereby and that such use will be in harmony with the purpose and intent of this ordinance, with the uses permitted by right in the district, with additional regulations provided in section 5.0 of this ordinance, and with the public health, safety and general welfare." The items that follow will be reviewed by the staff in their analysis of your request. Please complete this form and provide additional information which will assist the County in its review of you request. If you need assistance filling out these items, staff is available. How will the proposed special use affect adjacent property? See., ~-tto.c..Y\erl. How will the proposed special use affect the character of the district(s) surrounding the property? geL 0. thtth e.c\ . . How is the use in harmony with the purpose and intent of the Zoning Ordinance? ~e.e ~ +-t11tJ-\ ed . How is the use in harmony with the uses permitted by right in the district? ~e.e. Q -\"to. U1e.d . What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use? See at+a c..heQ , How will this use promote the public health, safety, and general welfare of the community? ~ ee Q. tta. c.V\o.d . . 8nt06 Page 2 of 4 Attachment B 1 Describe your request in detail and include all pertinent information such as the number of persons involved in the use, operating hours, and any unique features of the use: ~e (l +ta c..h e.d . ATTACHMENTS REQUIRED - provide two (2) copies of each Cl 1. Recorded plat or recorded boundary survey of the property requested for the permit. If there is no recorded plat or boundary survey, please provide legal description of the property and the Deed Book and page number or Plat Book and page number. Cl 2. Ownership information -If ownership of the property is in the name of any type of legal entity or organization. including, but not limited to, the name of a corporation, partnership or association, or in the name of a trust, or in a fictitious name, a document acceptable to the County must be submitted certifying that the person signing below has the authority to do so. If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the owner's written consent to the application. If the applicant is the agent of the owner, a document acceptable to the County must be submitted that is evidence of the existence and scope,ofthe agency. . OPTIONAL ATTACHMENTS: Cl 3. Provide 16 copies of any drawings or conceptual plans. D 4. Additional Information, ifany. (16 copies) Owner/Applicant Must Read and Sign I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in filing this application. I also certify that the information provided on this application and accompanying information is accurate, true, and correct to the best oyny knowledge. 'L L ~ /Jr:;rk. r \S \ll't~ C "AlL--K /+ c,Jv - \ t. ) 13." ,~... ~~ ""'j) , ~ :. - ,- Signature Of~ . ~~.-- "":Date . (Jp ~ - ;2tt b - 41 4 , - (l1:t Print Name . . Daytime phone number of Signatory tlJ 8/7/06 Page 3 of 4 i D Attachment B . .' . FEES I:l Rural area division for the purpose of "family division" where all original 1980 development rights have been exhausted under "family division" as defined under section 14-106 (15) of the subdivision ordinance = $220 I:l Rural area divisions = $1,240 I:l Commercial use = $980 I:l Industrial use = $1,020 I:l Private clublrecreational facility = $1,020 I:l Mobile home park or subdivision = $980 I:l Public utilities = $1,020 -B Grade/fill in 1he flood plain = $870 I:l Minor amendment to valid special use pennit or a special use pennit to allow minor expansion of a non-conforming use = $110 o Extending special use permits = $70 I:l Home Occupation-Class B = $440 I:l For day care centers - six (6) to nine (9) children = $490 I:l For day care centers - ten (I 0) or more children = $980 I:l All other uses except signs = $980 I:l Signs - Per Chapter 18 Section 4.15.5 Electric message signs, off-site signs, and signs in public rights-of-way _ $120.00 (Heard before the BoaId of Zoning Appeals - BZA). 8/7106 Page 4 of 4 Attachment B I J North Pointe Stream Crossing Special Use Permit Application What is the Comprehensive Plan designation for this property? The portion of the North Pointe property that is the subject of the special use permit application is designated Neighborhood Density Residential. How will the proposed special use affect the character of the district(s) surrounding the property? The proposed special use will not have an adverse affect on the character of the districts surrounding the property. The property and the area surrounding it on the same side of Route 29 is all now zoned Planned District Mixed Commercial (PD-MC) pursuant to a rezoning approved by the Board of Supervisors on August 2, 2006. The land across Route 29 from the property is the University of Virginia Research Park, which is zoned Planned Development Industrial Park (PD-IP). The proposed stream crossing will merely facilitate the implementation of the approved PD-MC uses on the North Pointe property, as shown on the Application Plan for North Pointe that was approved with the rezoning. The general location and concept of the stream crossing at this location was also accepted with the rezoning, and is shown on the approved North Pointe Application Plan. The proposed stream crossing will not introduce any new or incompatible uses to the North Pointe community. In addition, the proposed special use permit will simply allow for the modification (enlargement) of an existing stream crossing that has been in place for many years. How is the use in harmony with the purpose and intent of the Zoning Ordinance? The proposed stream crossing is in harmony with the purpose and intent of the Zoning Ordinance in that it will enable the physical development of the North Pointe community consistent with the approved Application Plan that was carefully and fully considered by the Board of Supervisors. The uses shown on the approved Application Plan, particularly those residential uses in the northern-most section of the North Pointe community, could not realistically be implemented without the stream crossing proposed by this application. How is the use in harmony with the uses permitted by right in the district? As the stream crossing is a necessary and a desired element of the approved North Pointe rezoning, granting the Special Use Permit is in harmony with the uses permitted by right in the district in that it will facilitate the development ofthe North Pointe community in accord with the approved Application Plan. As those uses are now the "by-right" uses of the property, the stream crossing is in harmony with the permitted uses. The uses permitted by right in the district are not inconsistent with the uses shown G lL . on the Application Plan. The general location and concept of the stream crossing at this location was included on the approved Application Plan. Consequently, it was known that the crossing is needed to develop the community consistent with the approved Plan. Furthermore, the stream crossing will not have any adverse impact on any by right uses in the district. What additional regulations provided in section 5.0 of the Zoning Ordinance apply to this use? None How will this use promote the public health, safety and general welfare of the community? . The proposed stream crossing will promote the public health, safety and general welfare ofthe community by allowing the construction of an important northern entrance into the North Pointe community from Route 29. That will complete a County desired roadway element parallel to Route 29 as a potential alternative route that will help alleviate traffic congestion on Route 29. This roadway entrance will be located in line and directly across from the Lewis & Clark Drive entrance into the University of Virginia Research Park. This stream crossing will allow the construction of Northwest Passage, which, combined with North Pointe Boulevard and Leake Road, will allow the residents of North Pointe and traffic from the south (Hollymead and Forest Lakes) and areas to the east of North Pointe (via Proffit Road) to access the large business and employment centers at both North Pointe and the UV A Research Park without traveling on Route 29. This parallel road network will promote the safety and general welfare of the overall community, and subsequently, the proposed stream crossing will provide for that safety and general welfare. In addition, the stream crossing will facilitate the physical development of the single-family detached residential lots in the northern portion of the North Pointe community, which provide much-needed single-family detached homes in the Hollymead growth area. By providing lots for the construction of such single-family detached homes in a designated growth area, the North Pointe community will help alleviate some of the pressure for development of the County's Rural Areas and also help accommodate the anticipated job growth and housing demand from future development in the Research Park and from the expansion ofthe National Ground Intelligence Center just north of North Pointe. As such, the stream crossing will further promote the general welfare of the community and further the goals and strategies of the Comprehensive Plan. . Furthermore, initially, the stream crossing will facilitate the public health and safety in that it has been designed to accommodate the recently expanded flood plain area south of the crossing without significant disturbance to the existing natural stream system. The applicant's engineering consultants at Williamsburg Environmental Group and Dominion Development Resources have designed the stream crossing to upgrade the existing five foot diameter pipe with a 6 foot by 6 foot flat-bottomed box culvert that will 2 6 13 permit any increase in stream flow to more easily pass through the existing stream crossing piping. The flat-bottomed piping is considered to be more consistent with a natural stream bed and, therefore, will provide a better passageway for aquatic wildlife in the stream. For all of these reasons, the proposed stream crossing will promote the public health, safety and general welfare of the community. Describe your request in detail and include all pertinent information such as the number of persons involved in the use, operating hours, and any unique features of the use: The Flat Branch stream bed generally runs to the north, parallel to Route 29. At the point of the proposed crossing, the stream bed is approximately eighty feet east ofthe main roadway and approximately twenty-five feet below the roadway. A stream crossing exists at this point for vehicular travel that is approximately 25 feet above the streambed. The crossing utilizes a five foot diameter culvert pipe which carries the stream water flow under the crossing and northward to the North Fork of the Rivanna River. Granting the stream crossing Special Use Permit as proposed will allow the existing crossing to be expanded to accommodate the wider roadbed that is needed for construction of Northwest Passage as shown on the approved North Pointe Application Plan. Northwest Passage will be wider and will include four lanes (with a wide median strip and shoulders on each side for potential sidewalks and plantings), and will include the installation of a six-foot by six-foot concrete box culvert to carry the stream flow. The expanded stream crossing will allow for the construction of a new roadway that, when combined with the other roadways of North Pointe, will create a parallel road alternative to Route 29 that will allow the residents of the Hollymead, Forest Lakes and North Pointe communities to interconnect without having to travel on Route 29. The new road will also allow residents ofthose neighborhoods to travel north and to cross Route 29 and directly enter the University of Virginia Research Park (a significant employment center) without having to travel on Route 29. Furthermore, the road will also allow the residents ofthose residential communities south of Airport Road (Hollymead and Forest Lakes) to bypass the heavily used intersection of Airport Road and Route 29 if they are traveling north to the National Ground Intelligence Center, which is another significant employment center that is scheduled to expand. Importantly, the detailing of the proposed stream crossing in accord with the Places 29 Consultants' suggestions, may provide pedestrians and bicyclists with the same potential benefit of traveling north to this intersection and then using the proposed pathways down to the river, under the Route 29 highway bridge, and back up from the river to Lewis and Clark Drive leading to the Research Park, without ever having to cross Route 29 at all. 1334689vl G :\DOCS\ WPINorthPointe\SpeciaIUsePennitslNorthwestPassage\WMCD-1334689-vl-NP Stream Crossing SP Application Narrative.FinalCL.DOC 6 14 3 UJO::).'lt^)IOO (I) 1\1" 'GLG'v.v (d) I ~ I g'SLS'K" I I GZZ V^ '''III\~~:J ~J\IJO o;r.:IOlWd tpnot; ?L! OT1 'S90JnOS9}:1 IU9UJdOI9^9a UOIUIWO a i. 1::1 0\ D- \ i , , .. 'Ii 'l " \ . 11 i 11 !II , Ie i il * I f ~ l I * l l t .S II /0 ~ ;- . aio.... f a;-o ,II ..- '. 0 ;:t" 0"1 \0 _ >~; .~ L:.t- .....JE -+-' ~- , ,.(f)o -:.. "\'x Q). \:tW >- \ "~ .. "i$ .~ ... 'f< .. 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VA ~ 0.. i ! ~lllllmDlPIII I ~ ~ ~ ~ ;EAT EASTERN MA.NAGEMENT COMPANY I" . ~ ~ '< ...... 2819 H'1'!lR.'U.lJ ROAD. P,D. BOX 5528 "" ..._, ~ l!. . . I CHAFLOTTES\II.l.E., VA ~ FA)t 1_ 2lIIWi.1 /KtEtENtEy.l\ CO, ARCHITECTS FlOHoILDMI&t>E'(.R.I,,~arr.C8 .os.-.cHEM VIl...1...A.aE" ).Je.t 011 HychuIo Fbad 'KG &&.CHEM PL.."Ce, SlXTE ., Q-W'lLCJTT-....."-1.E,. VA 22W1 T......,., '78-2DOO ~(4e 8 . . . COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 October 27, 1997 Katurah S. Roell 195 Riverbend Drive Charlottesville, VA 22911 RE: SP-97-46 Virginia Land Trust (Korean Community Church) Floodplain Crossing Tax Map 32, Parcel 22K, Lot A Dear Mr. Roell: The Albemarle County Board of Supervisors, at its meeting on October 15, 1997, approved .'. the above-noted request to permit crossing of the Flat Branch floodplain. Please note that this approval is subject to the following conditions: 1. Grading within the flood plain shall occur only in association with relocation of the entrance road from Route 29, and such grading shall comply with all requirements set forth in the August 1, 1997 memorandum from the Department of Engineering, included herein as Attachment I (copy attached); and 2. The use, structure or activity for which this pem1it is issued shall commence within five years from the date this permit is issued. The term "commenced" shall mean commencement of any structure necessary for the use of the permit or the issuance of a VDOT entrance permit. ~. In the event that the use, structure or activity for which this special use permit is issued shall not be commenced within five (5) years after the issuance of such permit, the same shall be deemed abandoned and the authority granted thereunder shall thereupon terminate. Before beginning this use, you must obtain a zoning clearance from the Zoning Department. Before the Zoning Department will issue a clearance, you must comply with the conditions in this letter. For further information, please call Jan Sprinkle at 296-5875. 1C1 Attachment C Page 2 October 27, 1997 If you should have any questions or comments regarding the above-noted action, please do not hesitate to contact me. Sincerely, David B.Benish Chief of Community Development David B. Benish, Chief of Community Development/jcf cc: Amelia McCulley Jack Kelsey cc: Amelia McCulley Jo Higgins c/ 20 . jATTACHMENT I] ;:~ 2.: ~ :~. ':-: ~ if::. ' COUNTY OF ALBEMARLE Department of Engineering & Public Works MEMORANDUM fllll I: 1 19~7 M. ,1 . . j:i! ,", n I'~ ; ;'"~ rr \-.\;~ r.f . I G',: :: ..: :::j W .."..' l TO: FROM: DATE: RE: Susan Thomas, Senior Planner Glenn E. Brooks, Senior Engineer ul713 1 August 1997 Korean Church (Virginia Land Trust) The sketch plan and special use permit application received on 18 July 1997 has been reviewed. This application is for the church use as well as for access road fill in the floodplain of Flat Branch near its confluence with the North Fork Rivanna River. Thereis an existing crossing of Flat Branch as shown on the applicant's sketch plan, with a 48" diameter corrugated metal pipe culvert in fair condition. The existing access road fill is not wide enough to accommodate a road under current private or public road standards, nor the commercial travel way standards of the Zoning Ordinance. Steep wooded river valley slopes surround the proposed site. The sketch plan indicates that the intent is not to disturb these slopes. . The floodplain level in this area appears to be dictated by the North Fork Rivanna River downstream, rather than the Flat Branch tributary. Thus, relocating and increasing the amount of fill for the access road crossing should not significantly affect flood levels. The water level downstream of the culvert and access road fill will continue to be dictated by the water level in the North Fork Rivanna River. Upstream of the culvert, in the worst case, water levels will increase above downstream levels enough to push the Flat Branch flow through the submerged culvert. It is recommended a wide enough crossing of the Flat Bra.nch be provided to accommodate any future development of the property beyond the proposed church property, especially if multiple exit lanes are anticipated at the entrance. A left turning lane may be required within the median on Rt. 29. This can be resolved with the site plan for the church. The University Real Estate Foundation will be installing an entrance at the median break across Rt. 29 and a traffic signal for their North Fork Research Park. Additional signal faces and phases will be required for the church. The Engineering Department recommends approval of the special use permits provided that the following conditions are met: 1. The entrance and Flat Branch crossing are aligned with the North Fork Research Park entrance across Rt. 29, with appropriate signal and turn lane improvements to be incorporated with the improvements provided by the University Real Estate Foundation. . 2. The Flat Branch crossing is to be used for the remainder of the property (T.M. 32-22K). 3. The site construction is not to disturb the natural water quality buffer of stream and river valley wooded slopes. c- 2--1 . . . ,.- . COUNTY OF ALBEMARLE Department of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 . Fax (434) 972 - 4012 October 22, 2002 Dr. Yong I. Kim Korean Community Church 2480 Spring Brook Drive Charlottesville, VA 22901 RE: SP-2002-035 Korean Community Church - Expansion SP-2002-047 Korean Community Church - Floodplain Crossing Tax Map 32, Parcel 22K1 Dear Dr. Kim: The Albemarle County Board of Supervisors, at its meeting on October 9, 2002, unanimously approved the above-noted requests. Please note that this approval is subject to the following conditions: SP-2002-035 Korean Community Church - Expansion: 1. The Korean Community Church shall be operated in general accord with the justification provided with the application submitted for SP-2002-035, included herein as Attachment B. The capacity of the church facility will not exceed one hundred fifty (150) individuals. No daycare or church school activities are intended with this special permit. Changes to this plan of operation may require an amendment to this special use permit; . 2. At the time of site development, all requirements of the Virginia Department of Transportation regarding relocation of the access road to align with the North Fork Research Park entrance across Route 29, furnishing of signal components for the eastern side of the existing intersection shared with the research park, installation of a turn and taper lane along Route 29, and other requirements described in correspondence from VDOT dated August 1, 1997, February 10, 1997, and June 26, 2002, shall be met. It is anticipated that the applicant will work with the Towers Land Trust and other property owners to the south to equitably share in the cost of the necessary improvements to the eastern side of the above-desCribed intersection; 3. At the time of issuance of a building permit, determination of the availability of public water and sewer shall be made by the Director of Planning and Community Development. If water and sewer are determined to be reasonably available, the church shall be required to connect to these utilities; 4. The final site plan shall include a greenway dedication of one hundred (100) feet minimum in width or that area necessary for the establishment of a greenway trail on that portion of the property along the North Fork Rivanna River and its tributary to the north; 5. The use, structure or activity for which this permit is issued shall commence within five (5) years from the date this permit is issued. The term "commenced" shall mean commencement of any structure necessary for the use of the permit or the issuance of the VDOT entrance permit; and 6. At the time of site plan submittal, the applicant shall work with the Engineering Department to locate the road access out of the critical slopes, to the extent practical. Attachment D 21. Page 2 October 22, 2002 SP-2002-047 Korean Community Church - Floodplain Crossing: 1. The Flat Branch crossing shall be used for the remainder of the property (Tax Map 32 Parcel 22K). It is recommended that the crossing of Flat Branch be wide enough to accommodate any future development of the property beyond the proposed church site; 2. The site construction shall not disturb the natural water quality buffer of stream and river valley wooded slopes; 3. Grading within the floodplain shall occur only in association with the relocation of the entrance road from Route 29, and such grading shall comply with all requirements of the Department of Engineering and Public Works, included here as Attachments G and H; and 4. The use, structure or activity for which this permit is issued shall commence within five (5) years from the date this permit is issued. The term "commenced" shall mean commencement of any structure necessary for the use of the permit or the issuance of the VDOT entrance permit. In the event that the use, structure or activity for which this special use permit is issued shall not be commenced within twenty-four (24) months after the issuance of such permit, the same shall be deemed abandoned and the authority granted thereunder shall thereupon terminate. For purposes of this section, the term "commenced" shall be construed to include the commencement of construction of any structure necessary to the use of such permit within two (2) years from the date of the issuance. Before beginning this use, you must obtain a zoning clearance from the Zoning Department. Before the Zoning Department will issue a clearance, you must comply with the conditions in this letter. For further information, please call Jan Sprinkle at 296-5832. If you should have any questions or comments regarding the above-noted action, please do not hesitate to contact me. Sincerely, VWC/jcf Cc: Amelia McCulley Jack Kelsey Tex Weaver Steve Allshouse Matt Grimes, VDOT D 2-? f""\ I I f""\\.I1 IIVIL...I"f I \,;:J DAVID R. GEHR COMMISSIONER L')! r ;ann:::-..., ~_ COMMONWEALTH of VIRGINIA ." :;, ,;::., L<=;i.~"' DEPARTMENT OF TRANSPORTATION 701 VDOT WAY CHARLOTTESVILLE, 22911 u ..~ '~""~ L~: j "V'"F: r . Jl ul If"" {l '-I D IJ 1 1007 '/"'1 A. G. TUCKER RESIDENT ENGINEER August 1, 1997 Virginia Land Trust SP-97-03 Ms. Susan Thomas Dept. of Planning & Community Development 401 McIntire Road Charlottesville, VJl. 22902 Dear Ms. Thomas: This .. ential t side site may be impacted by possible Route 29 widening or more so with interchange to serve UREF site and the long range plan for development of of Route 29. In a shorter time frame period, a traffic signal will be provided their development and when this occurs the user of the entrance on the Route 29 will be required to furnish signal components for their side. possibly be cost shared with UREF, depending how the two sites develop signal is warranted. by UREF for East side of This can and when the A minimum 100 foot taper and 100 foot turn lane should be installed along NBL Route 29, and this to be extended if there is additional development or usage of property. If there are any further questions or concerns, please contact this office. Sincerely, ji/ /J;~jZ, H. W. Mills Assistant Resident Engineer HWM/ldw . D 2+ 17 TRANspnRTATlnN FnR TI-H= ?1.C:T r'J:::/\ITIIOV -', I ATTACHMENT H COMMONWEALTH of VIRGINIA RAY D. PETHTEL INTERt.t ca.MSSIONER DEPARTMENT OF TRANSPORTATION 701 VDOTWAY CHARLOTTESVILLE VA 22911 JAMES L BRYAN RESIDENT ENGINEER 6/26/02 Mr. David Benish Dept. of Planning & Community Development 401 McIntire Road Charlottesville, VA 22902 Site Review Meeting July 2002 Dear Mr. Benish: Below are my comments for the July Site Review Meeting: SP-2002-032 Dan's Automart. Seminole Ln, Route 29 N. (Stephen Waller) No comments SP-01-046 Snow's Rental Units Route 742 (Yadira Amarante) No Comments SP-2002-031 Puopolo Cottage. Route 620 (Steven Biel) A minimum standard commercial entrance must be constructed, and sight distance requirements must be met. SP-2002-033 Bentivar Subdivision Route 643 (Scott Clark) No comments SP-2002-034 Gillums Mountain Route 708 (Stephen Waller) A minimum standard commercial entrance must be constructed, and sight distance requirements must be met. SP-2002-035 Korean Community Church Route 29 (Susan Thomas) Please see the comments from H. W. Mills, dated August 1, 1997. SP-2002-036 Evergreen Church Route 649 (Joan McDowell) The entrance shown must meet sight distance requirements, and the available sight distance should be shown on the plans. D r2.-c; TRANSPORTATION FOR THE 21ST CENTURY 18 . . . COUNTY OF ALBEMARLE ATTACHMENT I DEPARTMENT OF ENGINEERING & PUBLIC WORKS MEMORANDUM TO: Susan Thomas, Senior Planner (to be in SPIN) FROM: Jeff Thomas, SeniorEngineer DATE: August 20, 2002 SUBJECT: Korean Cormnunity Church Special Use Permit, SP 02-035 and SP 02-047 The special use permit application (SP 02-047) for the Korean Community Church received on August 9,2002 has been reviewed. This permit is to allow filling in the floodplain on Flat Branch for construction of an access road from U.S. 29 to the proposed church site. SP 02-047 is an extension ofa previously approved special use permit, SP 97-046. As noted in our comments dated August 1, 1997 (see attached), the floodplain in this area is associated with backwater effects from the North Fork Rivanna rather than the Flat Branch tributary. Therefore, relocating the existing driveway crossing and increasing the amount offill to construct an access road should not significantly affect flood levels. A concurrent special use permit application, SP 02-035, is an extension of SP 97-003, to allow the church construction on the parcel. The Engineering Department recommends approval ofSP 02-035 and SP 02-047 with the following conditions. 1. The entrance and Flat Branch crossing are aligned with the North Fork Research Park entrance across U.S. 29, with appropriate signal and turn lane improvements to be incorporated with the improvements provided by UREF. At the time of site development, the applicant shall comply with all VDOT requirements in this regard. 2. The Flat Branch crossing is to be used for the remainder of the property (TMP 32-22K). It is recommended that the crossing of Flat Branch be wide enough to accommodate any future development ofthe property beyond the proposed church site. 3. The site construction is not to disturb the natural water quality buffer of stream and river valley wooded slopes. Attachments: Engineering Department comments dated August 1, 1997 Copy: File: 2361 (SP 02-035 & SP 02-047) File: special use permit review 2.doc D 2fp 19 . Photograph 1 - View of existing stream crossing from Route 29 Northbound . .It.': Photograph 2 - View of existing stream crossing from Route 29 Northbound Attachment E ~ I 7 Photograph 3 - View of upstream side of crossing - note that the 60" culvert is blocked due to slope failure above. Attachment E u 8 . . . "'. .t.' \ S~-.)I' "., .,!:....,'"......" ",';..r "c,....,;., ,':"-' ~Y' ~'I'\"': ',- '".~;; ;..... . . ~.. t~:~fir;-_ ............ \... ;: _ Photograph 5 - View of downstream side of crossing - 60" culvert now visible 9 Attachment E 2ij . ~te: The motion carried unanimously (5:0). ARB-2006-129: North Pointe Stream Crossin,,: Review of a Special Use Permit (Tax Map 032, Parcel 22K) Proposal: To fill in the floodplain of Flat Branch Creek to establish a road crossing that will provide access to residential development. Motion: Mr. Missel made a motion to forward the following recommendation to the Planning Commission regarding the proposed stream crossing for North Pointe Stream Crossing. . The ARB has no objection to the proposed stream crossing, with the following conditions: 1. Provide an informal planting of mixed tree and shrub species and sizes to compensate for removed vegetation, and low-growing plants to stabilize slopes in the "proposed landscaping areas" shown on the plan submitted for ARB review entitled "Proposed Entry Layout with Landscaping North West Passage Intersection @ Route 29 North" with revision date of 12-04-06. This planting shall occur regardless of the grading proposal (DDR or KCA) chosen. 2. Provide large shade trees on the north and south sides of Northwest Passage, along the sidewalk and space reserved for the sidewalk, 2~" caliper minimum at planting, 40' on center, for a minimum distance of 400' from the existing edge of pavement of Route 29 North. 3. Provide trees in the median of Northwest Passage, beginning at the point closest to Route 29 North that can be approved by VDOT and extending for a minimum distance of 400' from the existing edge of pavement of Route 29 North. The planting shall take the form of a continuous informal mix of large, medium and small deciduous trees ranging from 1~" to 2~" caliper and evergreen trees ranging from 4'-6' in height. 4. All of the above-noted landscaping shall be shown on the road plans submitted for Northwest Passage. The plans shall include a complete planting schedule keyed to the plan. The plans are subject to review of the ARB. 5. Planting shall be emphasized in height to provide hierarchy at the ends of the walls. 6. End piers shall also be emphasized at wall ends. (For example, provide greater mass or greater width of pier.) 7. The proposed KCA grading is preferred. 8. Mitigate the visual impact of the southern elevation of the culvert using earth tone materials if the culvert is visible from Route 29. (Visibility shall be determined by the ARB based on site sections provided by the applicant for review. ) 9. Design details of the retaining walls, including column cap design, pier design, stone finish, other materials, etc., are subject to ARB approval as part of the review and approval of the road plans. . Attachment F '36 ALBEMARLE COUNTY ARCHITECTURAL REVIEW BOARD - PAGE 3 FINAL ACTION MEMO 12-18-06 Second: Mr. Lebo seconded the motion. Vote: The motion carried unanimously (5:0). Mr. Missel left the meeting at 2:55 p.m. Mr. Snow left the meeting at 2:55 p.m. ~HER BUSINESS Wickham Pond I: Townhouse elevations It was the consensus of the ARB that proposed changes to the townhouse elevations, as reflected in the drawings presented at the meeting, could be approved. A revised site plan/landscape plan will need to be reviewed by the ARB. The revised plan should show proposed site improvements between the townhouses closest to the western boundary line and the proposed entry road for Wickham Pond II (Road A). Typical site improvements, including proposed grading and landscaping, should be included. It was suggested by the ARB that a site section would be helpful in understanding what proposed site conditions would look like with the hedgerow removed along the western boundary. It was determined that the next review of this proposal could be handled as a work session. Ayinitv: Request for ARB comment Based on revised grading in the most recent set of plans, it was the consensus of the ARB that the ARB wants to conduct a full review of the Avinity rezoning proposal prior to public hearing with the Planning Commission. Preliminary comments/concerns include: 1. Block elevations (not just elevations of individual units) showing the attached units along Avon Street are required. The elevations should accurately show the relationship of the buildings and steps/sidewalks to the grade. 2. Site sections illustrating the condition along Avon Street are required to clarify the change in grade from the EC to the units. Multiple sections should be provided to accurately illustrate varying conditions. 3. Monotony in the blocks along Avon Street is a concern. Stepped units might be more appropriate. 4. The break in the blocks on Avon Street is positive. Planting between the blocks would be appropriate. 5. Blank side elevations are not appropriate for the EC. This is a concern for units 11, 12,16,17,21,22. 6. Some ARB members were concerned that Block 22-28 doesn't respond to the proposed topography. Grading following the orientation of the block and grading that makes sense with the fronts of the units would be more appropriate. 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I I i \ -!- I I I I I I I I I I I I I I I' I I I I I I I cp ,,~;_................ / // ,/-', / \\",. I I / I I I I , I , I I I I I I I , I , I I I I , I I I I I I / I , I I I I I I I I I I I , I I I I I I I I I I I I I I I I I I I I / I I I I .- !j!l'! lj ~;~a~~~ ",~lj~>-i~ ~~~!~~~ ~lj~",L1il 5~!:c>-t-='fE~ 1li;5<i!!~O>- !:!l!l"'!:!>-"~ ~~~%:~::I ~i!ll!l:~~h il!:~~i~i~ ~S~~~~~~ ~.....~!J~~G~ tij/!!",l!5>-w 5 51!ii!lffi~~:ri "'5!i!:i!~~~ "'~ i2 l'! ~ ~<I "'~%~~ :::!tloiS!i.!~~o ~d;l!~a~>-" ~i~!t;w ~ ~Io!U~;i=5 ~iJj~i~el~ ~~~li!~Io!~~~ ~>-3al;l;5 ~ CDb..O::~~ ~ / N \'(\ :... o ~ '" ~ . . . f Albemarle County Planning Commission January 9, 2007 The Albemarle County Planning Commission held a meeting and a public hearing on Tuesday, January 9, 2007, at 6:00 p.m., at the County Office Building, Room 241, Second Floor, 401 Mcintire Road, Charlottesville, Virginia. Members attending were Bill Edgerton, Eric Strucko, Jon Cannon, Calvin Morris, Duane Zobrist, Pete Craddock and Marcia Joseph. Julia Monteith, Senior Land Use Planner for the University of Virginia, representative for David J. Neuman, FAIA, Architect for University of Virginia was absent. Other officials present were Wayne Cilimberg, Planning Director; Tamara Ambler, Natural Resources Manager; David Benish, Chief of Planning; Lori Allshouse, Strategic Planning Manager and Greg Kamptner, Deputy County Attorney. Call to Order and Establish Quorum: Mr. Cilimberg called the regular meeting to order at 6:05 p.m. and established a quorum. Regular Items: SP 2006-034 North Pointe - Stream Crossing (Sign #8) PROPOSED: Fill in the floodplain of Flat Branch Creek for a road crossing to provide access for residential development. ZONING CATEGORY/GENERAL USAGE: Planned Development Mixed Commercial with which allows large-scale commercial uses; and residential by special use permit (15 units/ acre). A special use permit exists for residential use. SECTION: 30.3.05.2.1. of the Zoning Ordinance which allows for fill in the floodplain COMPREHENSIVE PLAN LAND USE/DENSITY: Neighborhood Density Residential - residential (3-6 units/acre) and supporting uses such as religious institutions and schools and other small-scale non- residential uses. ENTRANCE CORRIDOR: Yes LOCATION: East Side of Route 29 North (Seminole Trail) across from Lewis and Clark Drive TAX MAP/PARCEL: 32-22K MAGISTERIAL DISTRICT: Rivanna STAFF: Tamara Ambler Ms. Ambler, Natural Resources Manager, presented a power point presentation and summarized the staff report. o This is SP-2006-34, North Pointe - Stream Crossing at Northwest Passage. The North Pointe community was previously approved as a rezoning. This special use permit is only for the fill in the floodplain associated with the stream crossing that would be associated with that northern most entrance. The parcel is Tax Map 32, Parcel 22K. This location is right across from Lewis and Clark Drive. Flat Branch is the stream that the flood plain is associated with that will be crossed. That stream runs parallel to and very close to Route 29, o In summary, the request itself is for fill in the flood plain for a road crossing in accordance with the Zoning Ordinance. More specifically, the applicant is proposing to modify an existing stream crossing by replacing an existing 60" corrugated metal pipe with a box culvert to serve the proposed Northwest Passage entrance to the North Pointe community. o The 2005 FEMA Flood Study and the maps included Flat Branch in the detailed study. That means that the base flood elevations were determined as well as the 1 OO-year flood elevation on the upstream part of the existing crossing. The upstream of the existing pipe is base flood elevation at 399.7'. That is fairly high and is likely influenced by the existing 60" pipe. In some cases it appears that the flood waters could impact Route 29 northbound. The 100-year flood elevation on the downstream side is lower at 385.5'. o The applicant states and the County engineering staff concur that the replacement with a larger box culvert in the current design of 8' X 6' could reduce the flood elevation. The applicant is ALBEMARLE COUNTY PLANNING COMMISSION - JANUARY 9, 2007 DRAFT MINUTES - SP-2006-034 NORTH POINTE - STREAM CROSSING 1 stating that would reduce the upstream elevation to 392', which would reduce or eliminate any apparent impacts to Route 29 northbound. Therefore, it would actually be an improvement. a The FEMA Flood Study has assumed that the 60" culvert is operating at full capacity. In reality this is the upstream side standing at stream level looking at that culvert. As shown in the slide, the culvert cannot be seen because the fill slope associated with that has failed and is blocking the culvert. So when standing down there the stream is basically winding its way through the collapsed fill and finding its way into that culvert underneath the road. a She presented the upstream conditions in a slide noting that wh11e standing at the upstream side looking further up there is a lot of evidence of inundation there. On the downstream side of the 60" culvert the water is actually passing through it. a The applicant's proposal is to replace that existing corrugated metal pipe with a larger box culvert. One of the issues is that the fill causes this special use permit. Of course, there would be new fill associated with the actual fill over the box culvert associated with the Northwest Passage. In addition, there may be some additional fill required as a result of constructing that interchange associated with either turning lanes onto northbound Route 29 into Northwest Passage or turning lanes coming out of there. It is not quite determined yet the level of improvements that may be required along Route 29 Northbound. Those designs are being coordinated now with VDOT as well as the water quality agencies. So the intent of this special use permit is to authorize the necessary fill associated with the final lane configuration associated with this road crossing. There may be more or less fill associated with those Route 29 improvements. a The length of the new box culvert and the treatment and design of the fill slopes has not yet been finalized. So one reason is that VDOT approval is still needed for the length and configurations. The applicant is currently working with VDOT on that. In addition, the applicant will need to get Federal and State Water Quality Permits for the crossing over Flat Branch. Those agencies have certain requirements about the length of the stream that can be impacted. Therefore, a shorter box culvert or a longer box culvert could be recommended, which is being coordinated with those agencies. a The request is to authorize whatever necessary fill is associated with that final design for that intersection. It is confusing because they have a couple of different options. Staff has tried to illustrate the two different things that might happen. · The typical cross section with the longer culvert situation was shown in green. If a longer box culvert is used, then the fill slopes and the treatment of the fill slopes would be just the standard 2:1 vegetative fill slopes just like any other highway. · If a shorter box culvert is utilized, then it will be, as shown in blue, with a shorter fill slope that still allows for the cross section of the roadway through a retaining wall. That retaining wall could be 7' to 10' in height. So those are the two different options for the way that fill slope may be treated depending on the length of the box culvert. a Since this will be visible from the Entrance Corridor staff had the Architectural Review Board provide some advisory conditions. The ARB reviewed the request and ~de comments, which have been incorporated into the conditions recommended by staff. a Regarding the history, this site has been a subject of a special use permit in the past. In 1997, a special use permit was approved to expand the crossing for a proposed Korean Community Church. That permit was valid for 5 years. That permit was extended in October, 2002 for another 5 years. Even though it has not quite expired that special use permit would not be suitable for the level of fill that would be needed for the lane configuration on 29 north. So it was determined that a new special use permit was needed and the existing one would not be satisfactory . a In summary, factors favorable includes: · No impact to neighboring properties. · No increase in flood levels. It may reduce flood levels. a Staff did not find any factors unfavorable. a Therefore, staff recommends approval of this request with the conditions as stated in the staff report with one additional condition. Because the previous special use permits were valid for 5 years and given the level of coordination that will have to happen with FEMA and that sort of thing, the applicant has requested that if approved that this special use permit also be valid for 5 years. But, it is not listed in the conditions. Therefore, staff would ask for that condition to be added. ALBEMARLE COUNTY PLANNING COMMISSION - JANUARY 9, 2007 DRAFT MINUTES - SP-2006-034 NORTH POINTE - STREAM CROSSING 2 . 1 . Ms. Joseph asked if there were any questions for staff. Mr. Strucko asked if the conditions for large shade trees and trees in the median are from the ARB, and Ms. Ambler replied that was correct. Mr. Edgerton said that he did not have any problem with what was being proposed. But, it does not sound like there is any value to going ahead and making a decision before VDOT makes a decision. He asked if that was correct. Ms. Ambler replied yes, that in a sense that no matter what final lane configuration is done that it will require fill in the floodplain, which would require a special use permit. Mr. Edgerton asked if the Commission was basically being asked to approve whatever is required by VDOT or the federal agencies. Ms. Ambler replied that was basically true. Mr. Edgerton asked if the applicant would not be able to go ahead and do anything with this until all of those issues are resolved. Ms. Ambler replied yes, that was correct. Mr. Edgerton asked why the Commission was reviewing it now rather than when that has been resolved. . Ms. Ambler said that in the past there have been examples of special use permits being reviewed and actually granted when the designs were still conceptual. Final approvals had not been given at that time and the water quality permits had not yet been obtained. Mr. Edgerton said that the Commission was not approving something that would authorize the applicant to go ahead and put in a culvert, which then subsequently could be determined to be shorter or longer and then have to do it again. He asked if the applicant was not going to go ahead and do this. Although, it looks like it would help if they went ahead and put a box culvert in yesterday. Ms. Ambler replied that before the applicant could actually do work in the stream they would certainly need their water quality permits from the CORE and DEQ. Mr. Edgerton asked if staff has any idea when that is going to happen. Ms. Ambler said that the applicant could address that. She acknowledged that the applicant was in current conversations with VDOT as well as with the federal and state water quality agencies. So it is not something that they are waiting to initiate that conversation because that conversation is occurring. Mr. Morris asked if staff could explain since they were talking about a culvert why there was an ARB review. Ms. Ambler said that it was a policy of the Planning Department that when there is a special use permit that was within the Entrance Corridor, which this request is, that the ARB be given the opportunity to provide their opinion and advice. Staff asked the ARB if they would like to do a review and provide that. The ARB said that they would like to provide that review and did so. Therefore, the ARB has provided these advisory recommendations that have been included in staffs recommendation. . Mr. Cilimberg asked to take it a step further. The Planning Commission had a joint meeting with the ARB a little over a year ago in which they asked to be able to give comments. Of course, the Commission does not have to accept any of the advisory conditions or comments if they don't feel they are appropriate. But, staff as a matter of course has been referring Entrance Corridor projects to the ARB for that opportunity. ALBEMARLE COUNTY PLANNING COMMISSION - JANUARY 9, 2007 3 DRAFT MINUTES - SP-2006-034 NORTH POINTE - STREAM CROSSING Mr. Craddock asked if the size of the culvert was still is up in the air depending upon what FEMA, VDOT, and other reviewing agencies decides and the Commission does not have any thing to do with that they decide. Ms. Ambler replied yes, that certainly the length of the culvert is still yet to be determined. In actuality the 6' X 6' was the original proposal. Then after a review based upon review of the drainage area that was originally shown the county engineer made some recommendations that actually a larger drainage area was going to it. Based upon that review the applicant increased it to an 8' X 6' culvert. That was a result of staff review. But, he was correct that the final length of the culvert certainly is not yet determined. Mr. Craddock asked if that was why there was no specific requirement for the size of the culvert in the conditions. Ms. Ambler replied that was correct. Also, the advice of the engineering staff is that if they require it down to the nth degree and if there is a minor design change, then that may require coming back for a special use permit modification. That was an issue that was brought up by the county engineering review staff. There being no further questions for staff, Ms. Joseph opened the public hearing and invited the applicant to address the Commission. Valerie Long, representative for the applicant, said that Ron Keeney, architect for the project, was also present to answer any of the more technical issues. o As staff indicated, the stream crossing will not increase the elevation of the flood. In fact, it may reduce the 100-year flood elevation. The applicant is agreeable to the conditions that staff recommended. They particularly appreciate staff's support for the 5 year expiration period as opposed to the 2 year period. They hope that they won't need more than 2 years, but as staff indicated the legalistic coordination required with working with the state and federal agencies can be a challenge and be time consuming. The applicant would rather not have to come back to the Commission to ask for an extension of the special use permit. o In response to Mr. Craddock's question about condition 2 it does require County and VDOT approval of the final design plans and hydrologic computations for the stream crossing. Once the final decisions are made by DEQ, the Core and all of the other agencies that are required, they obviously have to show those on the final plans and submit those to the County for final review and approval. The applicant acknowledges that it will all be subject to County review. Ms. Joseph asked Ms. Long if this was a Neighborhood Model. Ms. Long replied no, that it was a Planned Development - Mixed Commercial development. Ms. Joseph asked if the development did not have a code of development. Ms. Long replied that was correct that the development did not have a code of development. The development has an extremely detailed set of application plans. Ms. Joseph pointed out that the Planning Commission has never seen those plans. She had looked at some sections that the ARB had looked at, but no complete plans. Ms. Long said that she could pass around sheets 01 and 02, but only had one copy of the application plan, which she would be happy to circulate. Ms. Joseph asked if it was approved as part of the rezoning. ALBEMARLE COUNTY PLANNING COMMISSION - JANUARY 9, 2007 DRAFT MINUTES - SP-2006-034 NORTH POINTE - STREAM CROSSING 4 ~ . Ms. Long replied that was correct. There are many sheets to the application plan, which were approved with the rezoning. She pointed out that Mr. Keeney had a large copy of the approved plans that were approved with the rezoning. By approving the rezoning with the application plan that makes for binding plans subject to any flexibility that the Zoning Ordinance may offer. But, the development of the community must be in accord with the approved application plan. Mr. Keeney pointed out that Ms. Ambler's cross sections were generated from one sheet of the approved plans for North Pointe. The street used was actually taken from one of the Northwest Passage street cross sections in the main section. Mr. Kamptner noted that these particular plans were accepted with the approval of the rezoning. Ms. Long pointed out that the proffers state that the applicant has an obligation to submit the final detailed road plans to VDOT and to the County for review. So certainly if they say that they want different road plans or different configurations it would still be subject to County and VDOT review. Mr. Keeney explained the three cuts in the Northwest Passage that remain in the North Pointe Subdivision. He explained the cut where it connects to Route 29. They had negotiated and worked out with planning staff that they wanted a 2-lane roadway at that point with bicycle lanes on both sides and street trees in the median. That is Northwest Passage as it comes to Route 29. That is where VDOT takes over, decides and tells us how big the intersection of 29 has to actually be. So they have taken that street section as it comes down the hill and just before it starts across the stream and gone to the 5 or 6 lane intersection that the Commission has seen their review as part of the intersection with Route 29, but not as part of the main element of North Pointe itself. Ms. Long asked if they had answered Ms. Joseph's question. . Ms. Joseph replied yes. The road itself was something that was to be reviewed by County staff and it was . not part of the application plan that was approved by the Board. Ms. Long noted that certain sections and basic perimeters of the road plans was a better way to say it for the road designs. The cross sections are certainly shown. But, the final more detailed road plans that have not even been prepared yet are subject to VDOT and County approval. Ms. Ambler noted that in the conditions the ARB would have review of those road plans There being no further questions for the applicant, Ms. Joseph asked if there was any public comment regarding this request. There being none, the public hearing was closed and the matter before the Planning Commission. Ms. Joseph said there would be some improvements with the stream bank and that the applicant was going to do some stabilization. It will lower the flood plain in that area and improve the existing situation. She was reacting to the ARB's comments because she thought that this had a code of development with it. She thought that they were putting the applicant through unnecessary review if the code existed. But, apparently it does not exist. So that is a whole different item here. She was a little concerned with the ARB looking at tinting the color for the culvert. She did not know how irT)portant something like that is because in time vegetation will cover that up. She was concerned with the stabilization of the stream bank. That should be in the purview of Ms. Ambler and not something that they work out regarding the vegetation size and location. The optimum they need to get is stream bank stabilization. If they can make it look good, that will be great. But, what is most important is that stream bank is stabilized with whatever vegetation that they choose. She worried about that being a discussion with the ARB at any time. She expected that DEQ and the other agencies will be involved and she wanted to avoid any confusion. She supported the bike paths as shown. . Mr. Craddock asked if this request would affect the Korean Church approval. ALBEMARLE COUNTY PLANNING COMMISSION - JANUARY 9, 2007 DRAFT MINUTES - SP-2006-034 NORTH POINTE - STREAM CROSSING 5 Mr. Cilimberg said that actually the Korean Church was the subject of this special use permit that exists now that would have given a certain level of crossing for them. His understanding is that they will be taking access through this crossing. Mr. Edgerton asked the applicant if there would be another crossing further south. Ms. Long replied yes, there will be 2 additional entrances into the North Pointe community. This is the one called the northern entrance. There is a second one called the middle entrance that aligns with Northside Drive, which exists on the other side of Route 29 right now. There will be a third entrance, called the southern entrance. Mr. Edgerton asked if they would need additional stream crossings. Ms. Long replied yes, that the applicant knows that they will need one more stream crossing. In fact, they are in the process of preparing the application for the middle entrance. There will be fill required in the flood plain there. Mr. Keeney pointed out that they were not present asking for permission to cross the stream. They were here because of having to fill within the flood plain line. The original lake and that sort of thing that was designed in North Pointe are going to alter the flood plain line. They are unfortunately asking for the first one, which is going to be at the bottom of all of the construction. That is why the size of the pipe is rather vague. They have to guess the size to get the mouth of that bottle large enough to make certain that it handles everything else that happens above it. Most of the flood plain will actually disappear. In other words, when the lake is put in that gathers the water coming off of the Airport Road area it is designed to stop the flooding down stream. The flood plain line at Northside Drive may disappear to the point where they may no longer have to come back to the Planning Commission for fill in the stream bed at that point. Ms. Long asked to respond to Mr. Craddock's question about the Korean Church. She did not represent the Korean Church, but her understanding was that part of the delay may have been due to the expense of constructing Northwest Passage. It was going to be very expensive to build a road to access the property. This could help facilitate it. But, she did not know what their current or present plans may be. This will obviously build a very high quality road that could perhaps provide some access for them if they were still interested in that area. Motion: Mr. Morris moved, Mr. Cannon seconded, to approve SP-2006-034, North Point - Stream Crossing, subject to the conditions, as amended with the addition of condition 11 regarding the 5 years. 1. County and VDOT approval of the final lane configuration for the Northwest Passage over the stream crossing with the final road plans 2. County and VDOT approval of final design plans and hydrologic/hydraulic computations for the stream crossing. 3. The applicant must obtain a map revision, letter of revision, or letter of amendment as required from the Federal Emergency Management Agency (FEMA) and copy the County Engineer on all correspondence. 4. County approval of a grading and an erosion and sediment control plan prior to the issuance of a grading permit for modification of the existing stream crossing. 5. Natural Resources Manager approval of a stream buffer mitigation plan prior to the issuance of a grading permit for modification of the existing stream crossing 6. Provide an informal planting of mixed tree and shrub species and sizes to compensate for removed vegetation, and low-growing plants to stabilize slopes in the "proposed landscaping areas" shown on the plan submitted for ARB review entitled "Proposed Entry Layout with Landscaping North West Passage Intersection @ Route 29 North" with revision date of 12-04-06. ALBEMARLE COUNTY PLANNING COMMISSION - JANUARY 9, 2007 DRAFT MINUTES - SP-2006-034 NORTH POINTE - STREAM CROSSING 6 . . . 7. Provide large shade trees on the north and south sides of Northwest Passage, along the sidewalk and space reserved for the sidewalk, 2Y:z" caliper minimum at planting, 40' on center, for a minimum distance of 400' from the existing edge of pavement of Route 29 North. 8. Provide trees in the median of Northwest Passage, beginning at the point closest to Route 29 North that can be approved by VDOT and extending for a minimum distance of 400' from the existing edge of pavement of Route 29 North. The planting shall take the form of a continuous informal mix of large, medium and small deciduous trees ranging from 1 W' to 2W' caliper and evergreen trees ranging from 4'-6' in height. 9. All of the above-noted landscaping shall be shown on the road plans submitted for Northwest Passage. The plans shall include a complete planting schedule keyed to the plan. The plans are subject to review of the ARB. 10. Design details of the retaining walls, including column cap design, pier design, stone finish, other materials, etc., culvert color, plant size and planting configuration shall be shown on the road plans and are subject to ARB approval as part of the review and approval of the road plans. 11. If the use, structure, or activity for which this special use permit is issued is not commenced within sixty (60) months after the permit is issued, the permit shall be deemed abandoned and the authority granted there under shall thereupon terminate. Mr. Kamptner suggested that the motion leave open conditions 9 and 10 so that staff can look at those two conditions. He did not know if the culvert was visible from the Entrance Corridor and if there is a site plan that is going to be reviewed that will include this crossing or a building permit. Staffs position has always been that special use permit conditions cannot expand the authority of the ARB. They understand the concepts that they are trying to address and staff can massage those conditions if necessary by the time it gets to the Board. There will be some review by County staff in particular to take into Ms. Joseph's comments about stabilization being the primary focus of the conditions. The Commission also ruled that conditions 9 and 10 shall remain open for the applicant and staff to review at and revise if necessary before the Board of Supervisors public hearing date. Ms. Joseph said that she appreciated Mr. Kamptner saying that because when she went back and looked at the ordinance and saw what the ARB was responsible for and it was not for roads or culvert colors. So if that can happen, she would really appreciate that. Mr. Morris added that amendment to the motion, which was seconded by Mr. Cannon. The motion passed by a vote of 7:0. Ms. Joseph said that SP-2006-034, North Point - Stream Crossing, would go before the Board of Supervisors on February 14, 2007 with a recommendation for approval. (Recorded and transcribed by Sharon Claytor Taylor, Recording Secretary.) ALBEMARLE COUNTY PLANNING COMMISSION - JANUARY 9, 2007 DRAFT MINUTES - SP-2006-034 NORTH POINTE - STREAM CROSSING 7 Kenneth C. Boyd Rivanna COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22902-4596 (434) 296-5843 FAX (434) 296-5800 February 5, 2007 David L. Slutzky Rio Undsay G. Domer, Jr. ScottsviDe Dennis S. Rooker Jack Jouett Sally H. Thomas Samuel Miller David C. Wyant White Hall TO THE PROPERTY OWNERS ON THE ATTACHED LIST RE: ZMA-2005-007. Haden Place TAX MAPI PARCEL: Tax Map 55 Parcel 69 and Tax Map 56 Parcel 9 Dear Sir or Madam: This letter is to notify you as an adjacent property owner of the public hearing on the above-referenced petition described as follows: PROJECT: ZMA-2005-007. Haden Place (Sians #12.13). PROPOSAL: Rezone 6.69 acres from R-2 Residential (2 units/acre) to NMD Neighborhood Model District - residential (3 - 34 units/acre) mixed with commercial, service and industrial uses for 20 single family homes and 14 town homes. PROFFERS: Yes. EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Community of Crozet; CT-3 Urban Edge: single family residential (net 3.5-6.5 units/acre) supporting uses such as religious institutions and schools and other small-scale non-residential uses. ENTRANCE CORRIDOR: No. LOCATION: Between Haden (Rt. 1209) & Killdeer Lanes (Rt. 1215), south of Jarman's Gap Road. TAX MAP/PARCEL: TM 55 Parcel 69 & TM 56 Parcel 9. MAGISTERIAL DISTRICT: White Hall. These petitions have been scheduled for review and public comment by the Board of Supervisors on WEDNESDAY, FEBRUARY 14,2007. The Board of Supervisors meeting will be held at 6:00 p.m., in the Lane Auditorium, Second Floor, County Office Building, 401 Mcintire Road, Charlottesville, Virginia. You may review the file in the Department of Community Development, at the address above. If you should have any questions, please do not hesitate to contact me at (434) 296-5843. Si ,rely, , - / Q~~ Clerk /ewc cc: V. Wayne Cilimberg Rebecca Ragsdale Amelia McCulley Elaine Echols * Printed on recycled paper LIST OF ADJACENT PROPERTY OWNERS ALLEN, ROE CLYDE OR LILA FARTHING A RUSSELL, JOHN E OR MARTHA A LAWSON, NANCY SLOAN SAUL, CLAUDE H OR PATRICIA C COLES, VIVIAN D LAYNE, DONALD D SR OR BETTY F RYALLS, LORA S O'DELL, JERRY D OR SUZANNE B RIVET, SHERRY L DAMERON, ERNEST B & BETTY J MARKEY, KEVIN M OR DONNA W SAZ LLC MARCH MOUNTAIN PROPERTIES LLC WENDELL W GIBSON INC LEVOKOVE, SCOTT & JODI ORDOVER & JONATHAN OR SHARI PERKES ART PROPERTIES LLC SHIFFLETT, DAVID W OR GLORIA B CHURCH HILL RENTALS LLC CHURCH HILL DEVELOPMENT LLC KAUFFMANN, JONATHAN P OR MEGAN D KAUFFMANN OR JOYCE M GRUNEWALD SUMMERFORD LANE LLC LICATA, PETER J SCHOOL, MICHAEL F OR KATHLEEN C GRUNINGER, JOHN H OR WENDI R C/O PETER J LICATA SUMMERFORD LANE LLC AUGUST, JERRY REVOCABLE TRUST ETAL & VALASIE AUGUST REVOCABLE TRUST ETAL BOYLE, KEVIN OR LYNNE D LICATA, PETER J CARRERA, F LUDWIG & J SCOTT JUST & DANIEL K BENJAMIN JR LICATA, PETER J