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Home My WebLink About2006-03-15 ,- BOARD OF SUPERVISORS FINAL MARCH 15, 2006 6:00 P.M., MEETING ROOM 241 COUNTY OFFICE BUILDING 1 . Call to Order. 2. Pledge of Allegiance. 3. Moment of Silence. 4. From the Public: Matters Not Listed on the Agenda. 5. Consent Agenda (on next page). 6. SP-2005-Q0031. Allen, Edward P. - Home Occupation, Class B. (Sian #33). PROPOSED: Multiple businesses in S/F residential dwelling; four employees. ZONING CATEGORY/GENERAL USAGE: RA -- Rural Areas: agricultural, forestal, and fishery uses; residential density (0.5 unit/acre). SECTION: 10.2.2.31 Home Occupation Class B; 5.2 Home Occupation. COMPREHENSIVE PLAN LAND USE/DENSITY: Rural Areas - preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/density (.5 unit/acre). LOCATION: TM 41, Parcel1B, 4746 Sugar Hollow Road (SR 614); approx 600 feet west of intersection of SR 810 and SR 614. MAGISTERIAL DISTRICT: White Hall. 7. ZMA-2005-0005. Libertv Hall (Cross Propertv), Sian #69. PROPOSAL: Rezone 8.01 acres from R1 (1 unit/acre) Residential to NMD Neighborhood Model District - residential (3 - 34 units/acre) mixed with commercial, service and industrial uses to allow office uses up to approx. 8,500 square feet in size and up to 53 residential units in single family, townhouses, and multifamily. PROFFERS: Yes. EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Crozet Master Plan designates the property CT3 Urban Edge: single family residential (net 3.5-6.5 units/acre) supporting uses such as religious institutions and schools and other small-scale non- residential uses, and CT4 Urban General: residential (net 4.5 units/acre single family, net 12 units/acre townhouses/apartments, net 18 units/acre mixed use) with supporting uses such as religious institutions and schools and mixed uses including retail/office. ENTRANCE CORRIDOR: Yes. LOCATION: TM 56, Parcels 97A, 97A1 & 97 (only a .833 acre southwest portion of the property as shown on the General Development Plan) along Radford Lane near its intersection with Rockfish Gap Turnpike (Rt 250 W). MAGISTERIAL DISTRICT: White Hall. 8. From the Board: Committee Reports and Matters Not Listed on the Agenda. 9. Adjourn to March 20, 2006, 1 :00 p.m., Room 235. .J CONSENT AGENDA FOR APPROVAL: 5.1 Approval of Minutes: September 7, October 5, October 19 and November 9,2005. 5.2 Thomas Jefferson HOME Consortium, allocation of HOME Fund. 5.3 Housing Choice Voucher Program Annual Plan, set public hearing for Apri/12, 2006. FOR INFORMATION: 5.4 Memorandum dated March 3, 2006, from Ron White, re: Community Development Block Grants. 5.5 Certificate recognizing March 2006 as governmental Purchasing Month in the Commonwealth of Virginia. .. ACTIONS Board of Supervisors Meeting of March 15, 2006 March 17, 2006 AGENDA ITEM/ACTION ASSIGNMENT 1. Call to OrcJer. . Meeting was called to orcJer at 6:01 p.m. by the Chairman, Mr. Rooker. All BOS members were present. Also present were Bob Tucker, Larry Davis, and Debi Movers. 4. From the Public: Matters Not Listed on the Agenda. . Joyce Martin-Diaz, Eugene Carr, Maxine Holland, and Anne Gatewood gave BoarcJ members a petition requesting the paving of Route 647, Maxfield Road. . David Wayland thanked the Board for appointing the Crozet Advisory Committee. He also spoke about the site selection for the Crozet Library and suggested that two community people be appointed to serve on the architectural selection committee for the library. . Tom Loach questioned the BoarcJ's reason for establishing another committee to study development. He commented that what is needed in the growth areas is a series of well coorcJinated master plans. . Steve Blaine, on behalf of the Central Virginia Land Conservation Coalition, asked the Board's support for the current program for land conservation in the State that sponsors tax credits for conservation easements. Asked the BoarcJ to consider adoption of resolution to support the oroaram. 5.2 Thomas Jefferson HOME Consortium, allocation of Ron White: Proceed as approved. HOME Fund. . APPROVED allocating the full amount of HOME funds ($122,322) for the rehabilitation of substandarcJ houses and associated administrative costs; and designated AHIP as the recipient of the HOME funds. 5.3 Housing Choice Voucher Program Annual Plan, set Clerk: Advertise and schedule on April 12, 2006 public hearing for April 12, 2006. agenda. . SET oublic hearing for Aoril12, 2006. 6. SP-2005-00031. Allen, EdwarcJ P. - Home Clerk: Set out conditions of approval. Occupation, Class B. (Sign #33). (Attachment 1) . APPROVED SP-2005-00031, by a vote of 4:2, subject to three conditions suggested by staff. 1 7. ZMA-2005-0005. Liberty Hall (Cross Property). Sign Clerk: Advertise and reschedule on agenda #69. when ready to come back to BoarcJ. . DEFERRED ZMA-2005-0005 indefinitely, by a vote of 6:0, at the applicant's request. . DIRECTED staff to look at a possible strategy to create a policy to phase commercial and residential growth in the development areas. 8. From the BoarcJ: Cornmittee Reports and Matters Not Listed on the Agenda. Sallv Thomas: . Reported on her attendance at her first ACE Committee meeting. Will discuss further during the next budget work session. David Slutzkv: . ADOPTED Resolution in support of Clerk: Proceed as directed. continuation of the Virginia Land Conservation Incentives, and requested that it be sent to our legislators, Senate and House Conferees, the Governor, and with a copy to Steve Blaine. Dennis Rooker: . Reported on his attendance at MPO meeting and discussion of concept of a regional transit authoritv. 9. Adjourn to March 20, 2006, 1 :00 p.m., Room 235. . The meeting was adiourned at 9:25 p.m. Idjm Attachment 1 - Conditions of Approval for Planning Item Attachment 2 - Resolution in support of continuation of the Virginia Land Conservation Incentives Act 2 ATTACHMENT 1 SP-2005-00031. Allen. Edward P. - Home Occupation. Class B. (Sian #33l. PROPOSED: Multiple businesses in S/F residential dwelling; four employees. ZONING CA TEGORY/GENERAL USAGE: RA -- Rural Areas: agricultural, forestal, and fIShery uses; residential density (0.5 unit/acre). SECTION: 10.2.2.31 Home Occupation Class B; 5.2 Home Occupation. COMPREHENSIVE PLAN LAND USE/DENSITY: Rural Areas - preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/density (.5 unit/acre). LOCATION: TM 41, parcel1B, 4746 Sugar Hollow Road (SR 614); approx 600 feet west of intersection of SR 810 and SR 614. MAGISTERIAL DISTRICT: White Hall. 1. All employee vehicles shall be parked behind (to the north) of the residence; and 2. A total of two employees are permitted in addition to members of the family residing on the premises. The term "employee- shall include full-time, part-time, independent contractors (or subcontractors) and any other person who is working for or in support of the two businesses mentioned in this application; and 3. Any new businesses or additional employees will require amendment of this permit. 3 ATTACHMENT 2 RESOLUTION WHEREAS, Albemarle County possesses beautiful natural resources, scenic vistas, farmlands and open space; and WHEREAS, 60,000 acres of Albemarle County has been placed in perpetual conservation for future generations; and WHEREAS, Albemarle County has articulated a strategic planning goal of securing the conservation of an additional 30,000 acres by the year 201 0; and WHEREAS, Albemarle County's ability to purchase land for the purpose of conservation is but one, limited means to advance that goal; and WHEREAS, in less than fIVe years, the conservation of over 17,000 acres has been facilitated through the financial incentives created by the Virginia Land Conservation Incentives Act of 1999, as amended; and WHEREAS, maintenance of tax incentives afforcJed to landowners under the Virginia Land Conservation Incentives Act of 1999 is critical to Albemarle County's stated goal to increase conservation throughout the County; NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County BoarcJ of Supervisors calls upon the General Assembly and Governor to support continuation of the Virginia Land Conservation Incentives Act of 1999, as amended, and to maintain the tax credits afforcJed to landowners under the Act. 4 'f/~ :;01' )/ ~'1- We the citizens of route 647 Maxfield Road located in Keswick, VA. Have experience increased traffic Over the years on Route 647; she has started to show her age. Due to the heavy state equipment, dump trucks, school buses, horse trailers and personal vehicles' the enormous amount of traffic has left physical scaris and continues to deteriorate the road. 647 Maxfield Rd. at this time is substandard compared to the other roads within the same area with traffic volume of the same magnitude. The maintenance today of 647 exist of sprinkling of gravel sparingly once every three months Once the road receives a load of gravel the 1 st drop of wet weather the gravel disappears into cement sludge which dries out and becomes dust that causes allergy problems or better yet health issue. Often time's residents call V- Dot to complain about the poorly road conditions in which we travel daily. They lack of drainage which lead to erosion of property; potholes which lead to costly repairs and frustration of personal maintenance to our cars. We the taxes payers petition the County of Albemarle to hard surface 647 Maxfield Road. ~- PETITION J.J~' 0 ~ h We the residents of Maxfield Road in Cismont have been enduring the hardships that come along with an unpaved road for years. As time passes, the mud, dust and potholes are making it harder to travel across Maxfield Road. Therefore, we are requesting that Maxfield Road be paved as soon as possible. Name 1. ClUJ ~JI (~J1J 2. "~1'fI.=e- R ~ 3.J.7/ ft- a1~ 4. . 5JPIJ4 fl"~ JL 6.1t'l~j{~at 7. d?JUu~ 4 ~UUv . / 8.~.'~ /rR~. . Z ~... 9. ~~L/~;;: , ". . . . ," .'. 1 n . I '/ !l~~ , 1) ("In. v. / ! j WI -<\...1./ .I ,I (. (j ~ '-\ Lit) . 11:' .., Ctt"\\()L~\ \, 1 Lu'lAD /',. "'" '{ \2 .~ 1 2. \. '- /\ elM" -; CQ,t/\ . \J Address 3~ s 7 :J- - m1j,'It/U . BM8J~fYI4ilc/ ~cf Mj-~ \fl. '7(~/) 01-, L 2.1 r 7 L.,f; () /Y1 ~(' ~IJ Ie/' K I . -1J J{,u} (I, d1: 2 '2J/4 '1 / ~/l q 3 Z jJ-(~l.~ IZ d- t<::::~,{.J. <--eJ;) U q a c;.., q ti-''J" &> /6- me{ SLP/"c/~ Ref..,. ~~U!?L)C( (;<~ 9d~J '11.( 11~/ ~ ;fu roq (,1 YlY ~///:e k/ ~1. , . If /'1, ,J", .J / l.r J / f. ,,;"Yl/.Jco/ t/:'J; I l ljl U ~'~.rJ+, e ) h 2c ~ ('" f ~J ii / .3 L \ ~ ((' \,0) I '0j'\.,L'tv{ <. L c" Page 2 Petition Continued Name Address 4'31 U~ M 'iq7 lli*' 8 €j SB3 f\Aa.xf;e1d ted. 58~ Mctx.Udd ted\ 7N::.. I ~F\eM.RD. 17. \ . ' .' . t 5 lL2 '-UU60 Kcl 18.~#N~ J:~'y ttg /$K-t:;:/cI// 191C2~~ f&cr is ~t /v1/,lyf;e-)b ~d 20. fl1:vut G. f! a /J..J ;,.. 5:" ~g /l1IJxr; ;"'" (J J ~ 0 ~ /tJ.. 21. $df"'-t'J ,t)~ 4z g' fzNL"fHLftJ ,,1d 22. r1~ ~ &5 I-(~J./dct ~ 23.~ t5~ ~J'?? MOG~,f;~Jd f\d. 24. \" . , n W t F I\..lU(t\~ ld l2-D 25. . ~o Ifla '1(:e/J U_ 2~ tL~ p~ '~'1o t!J&-Cdd Rd 13. ~ aL~ l 14. ~ LL/vt'LU-- ~ 15. Lll~ Airo. Atln . 16. fJ1d ~ JY. 27. Page 3 Petition Continue Name 28. (V\~~~1 ~().,\ ~L~ 29.~U GD~~ , ;'~ 30~C>5e<.J)rC(L Address ~9? ~~'-~~ R.9. ~ '-17 ~(J1) Maxfl)~ I~ 1 c/ (PL;7 M atll~c/ Z 01 31 .--F' t' I : ( ; ~ C CJ f1 fl e r 6 I J.. f\.1 C~>('f ; e J...! ~~ . 32. 1 ~ j.,{ ~di ec;f 339JrJ l11~"i'~ ..~ r- 1l1~i.IC: wi/I fb-iJ,~ 34.a44k4- ~ Ki"-j}_1-67 *fLPJ<::...(YhIL ~U7J 35. 36. 37. 38. 39. 40. 41. 42. RESOLUTION j./5'() G, ,'. ."'+~:. /2ff/1 Whereas, Albemarle County possesses beautiful natural resources, scenic vistas, farmlands and open spaces; and Whereas, 60,000 acres of Albemarle County has been placed in perpetual conservation for future generations; and Whereas, Albemarle County has articulated a strategic planning goal of securing the conservation of an additional 30,000 acres by the year 2010; and Whereas, Albemarle County's ability to purchase land for the purpose of conservation is but one, limited means to advance that goal; and Whereas, in less than five years, the conservation of over 17,000 acres has been facilitated through the financial incentives created by the Virginia Land Conservation Incentives Act of 1999, as amended; and Whereas, maintenance of tax incentives afforded to landowners under the Virginia Land Conservation Incentives Act of 1999 is critical to Albemarle County's stated goal to increase conservation throughout the County; BE IT RESOLVED THAT The Albemarle County Board of Supervisors calls upon the General Assembly and Governor to support continuation of the Virginia Land Conservation Incentives Act of 1999, as amended, and to maintain the tax credits afforded to landowners under the Act. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Thomas Jefferson HOME Consortium AGENDA DATE: March 15, 2006 ACTION: INFORMATION: SUBJECT/PROPOSALlREQUEST: Allocation of HOME fund CONSENT AGENDA: ACTION: X INFORMATION: STAFF CONTACTlS): Bob Tucker, Roxanne White, Larry Davis, Ron White LEGAL REVIEW: Yes ATTACHMENTS: No REVIEWED BY~ BACKGROUND: The U.S. Department of Housing and Urban Development (HUD) annually provides funding under the HOME Investment Partnership Program to units of state and local government through formula allocations. While larger jurisdictions individually receive funding under established formulas, those that do not may form a consortium in order to receive an allocation of HOME funds. Albemarle County has participated as a member of the Thomas Jefferson HOME Consortium (six jurisdictions of the Planning District) since 1992 sharing in over $10 million in HOME funds to support affordable housing initiatives in the region. HUD requires that an Action Plan be developed annually prior to receipt of HOME funds to provide a summary of current year activities and a proposal on how funds will be used for the coming year. A detailed annual performance plan is prepared for HUD after the end of the fiscal year. STRATEGIC PLAN: Goal 3.2: Promote a variety of safe, sanitary and affordable housing types. DISCUSSION: Each locality receives an equal annual allocation estimated next year at $117,007 for project funding and $5,315 in administrative funds. This year's allocation represents a 15% reduction from last year. In prior years funding has primarily been used to support housing rehabilitation projects through AHIP. In the past two years, we reserved a total of $80,000 to use for downpayment assistance and earmarked the balance of approximately $100,000 annually for rehab. Only $32,000 of the reserved $80,000 has been used to date. AHIP has reserved or expended all funds set aside for rehab. This year (AHIP) projects using approximately $98,000 to support the rehab of 6 houses as the designated subrecipient for the County. BUDGET IMPACT: There is no direct budget impact on the County. The County provides support for staffing and operations of AHIP. HOME funds will flow directly to AHIP to support project activity. RECOMMENDATIONS: Staff recommends that the Board of Supervisors (1) allocate the full amount of HOME funds ($122,322) for the rehabilitation of substandard houses and associated administrative costs; and (2) designate AHIP as the receipt of the HOME funds. 06.034 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Housing Choice Voucher Program Annual Plan AGENDA DATE: March 15, 2006 ACTION: INFORMATION: SUBJECT/PROPOSAUREQUEST: Request to set public hearing for April 12, 2006 CONSENT AGENDA: ACTION: X INFORMATION: STAFF CONT ACTlS): Bob Tucker, Roxanne White, Larry Davis, Ron White LEGAL REVIEW: Yes ATTACHMENTS: No REVIEWED BY~ BACKGROUND: The U.S. Department of Housing and Urban Development requires each public housing agency to prepare a five-year plan and subsequent Annual Plans for administering public housing assistance programs pursuant to Section 511 of the Quality Housing and Work Responsibility Act of 1998 (QHWRA). Administration of the Housing Choice Vouchers makes Albemarle County subject to this requirement. The Plan must be made available for a 45-day public comment. A Public Hearing is also required prior to plan submissions. STRATEGIC PLAN: Goal 3.2: Promote a variety of safe, sanitary and affordable housing types. DISCUSSION: The County's Office of Housing developed a new five-year plan last year with input from a Resident Advisory Board consisting of current recipients of rental assistance under the Housing Choice Voucher Program. The plan was presented to members of the Albemarle Housing Committee for review and recommendation. An Annual Plan is required by HUD each year to support the goals and objectives of the 5- Year Plan. Prior to submission, the proposed Annual Plan is made available for public review and comment including a review by the Housing Committee. The public comment period began March 6, 2006 and the Housing Committee will review the proposed submission on March 15, 2006. Staff and the Resident Advisory Board are not proposing any revisions in this year's plan. An executive summary of the plan will be presented as a part of the public hearing. BUDGET IMPACT: There is no impact on the County budget. RECOMMENDATIONS: Staff recommends that the Board of Supervisors set a public hearing on April 12, 2006 to receive comments on the 2006 Annual Plan for the Housing Choice Voucher Program. 06.035 Office of Housing Memo To: Board of Supervisors From: Ron White cc: Bob Tucker; Roxanne White Date: March 3, 2006 Re: Community Development Block Grants At the January 11, 2006 Board meeting we presented information on the availability of Community Development Block Grant funds (CDBG) and types of uses for which the funds could be utilized. If you recall, the funding must be directed to benefit low-and moderate-income households. At the time of the presentation we anticipated submitting an application for a community improvement project for residents of Hacktown Road. Funding would primarily be used for rehabilitation of owner-occupied housing. Board members inquired about other possible uses including creating a facility at Southwood Mobile Home Park for children's programs and doing housing rehabilitation in New Town. The Board approved setting a public hearing for March 15 to review and receive comment on any proposed application(s) to be submitted for CDBG's competitive funding. At this time we do not plan to bring any applications forward based on the status of proposed projects and requirements of CDBG for certain activities as explained below. Hacktown Road - This community consisting of approximately 25 homes was targeted based on housing condition information from the County Assessor's Office and inquiries made to AHIP by residents seeking assistance. AHIP conducted a survey of interest with the potential for 17 homeowners to participate. A "community leader" was identified to help facilitate meetings and act as liaison with the residents. As plans progressed and future attempts by AHIP to hold informational meetings were less than successful, it became apparent that the proposed project would not likely be competitive at this time. This determination was based on · Limited documentation of needs particularly regarding well and septic system problems. · A schedule for AHIP to complete work necessary for an application submittal was not adhered to. In fact, the work schedule was over 4 months behind. · The community leader stating she was not interested in participating and only 8 of the original 17 potential beneficiaries wished to continue participating. DHCD indicated that a successful community improvement activity should have at least 65% participation from the community. I discussed the status with staff at DHCD and they suggested we could submit an application even though it did not seem to be at the level of readiness that they suggest or we could submit a request for a Planning Grant to do some community organizing, assess needs, and identify options for addressing needs, particularly those that may need some level of engineering to address (wells and septics). Southwood Mobile Home Park - There was a suggestion for the County to consider using CDBG to develop a community center as a site for children's programs in Southwood. While DHCD staff indicated that they would like to work with innovative activities such as this, there are a number of issues related to requirements for such a facility. The major issue in the case of Southwood is we would also be expected to address substandard housing conditions. Since these a privately-owned rental units, CDBG funds could not be used for rehab. There are also additional limitations for using CDSG funds on manufactured housing units. The second issue is the requirement that such a facility should be owned by the County or, if privately-owned, would require a 20-year use agreement with all funding repaid if the approved use was discontinued prior to the end of the 20-year term. This would require the owner to consent to such an agreement and provide security in the form of a deed-of-trust or bond. New Town - Like Hacktown, AHIP has received requests for assistance in this area although assessment information does not indicate the level of poor housing conditions that exists in Hacktown. CDBG projects are currently limited to "target communities" that can be easily defined and are reasonably compact. As an example, the Porter's Road project was fairly large but was also fairly dense, at least for a rural area. The needs in New Town appear to be more scattered. AHIP has done work in New Town and will likely continue to do so as funding allows. This type of scattered site need is better addressed through funding other than CDBG. AHIP has access to various resources that may be more appropriate for this area. PlanninQ Grants Although we do not have a viable application to submit under the competitive application, there are several potential uses for submission of one or more planning grants. Planning Grant applications can be submitted through August 2006 provided funding remains available. As suggested by DHCD, a planning grant could be requested for Hacktown Road to do community organizing, complete more detailed needs assessments, and conduct any feasibility analysis necessary to address the needs. Such analysis could include engineering studies and environmental reviews. AHIP has indicated an interest in applying for a planning grant for Treesdale located on Rio Road. The proposed project will consist of townhouses and multifamily rental units for families. Activities to be conducted using planning grant funds have not been identified. JABA is interested in pursuing a planning grant to determine the market for and feasibility of developing apartments for the elderly in Crozet. The grant would most likely be used to determine the feasibility of adaptive reuse of the Crozet Elementary School. The County can submit up to two applications for Planning Grants. With the potential of having more than two requests, staff recommends advertising the availability of the grants and establishing a method of reviewing and recommending any requests. Prior to County's submission to DHCD, a public hearing would be conducted on the proposed applications. I hope this status is useful in understanding some of the requirements and limitations that we face with CDSG funding. . Page 2 CERTIFICATE of RECOGNITION By virtue of the authority vested by the Constitution in the Governor of the Commonwealth of Virginia, there is hereby officially recognized: GOVER~ME1'TAL PURCHASI~G :\101\'1'11 WHEREAS. the Virginia Association of Governmental Purehasing(Vl\GI') is the largest chapter ot"the :'\ational Institute ol'(Jlwemmental Purchasing: and WHEREAS. the VAGI' was estabhshed in 195ii. and eUITently has over 1.000 professional members employed by nearly 300 public entities. comprised of cities. counties. towns. state agencies. colleges. universities. puhlic schools. hospitals. law enforcement aurhorities and comTllunity service hoards throughout Virginia: and WHEREAS. purchasing and materials managemcnt profcssionals work diligclllly to establish and maintain ethical standards in buying and selling. to increase their knowledge of eflicient procurement methods. to disseminate useful information to Its melllbers and to promote professionalism in public purchasing: and \VHfREAS, gO\ernmenlal purchasing professionals col1trihllle positively to our Comlllonwcalth's public agencies and scrviees by improving purehasmg methods and practices and by utilizing ncw ted1l10logies to increase efficiency and improve work pertiJflllallee: NOW, THEREFORE, l. Timothy \1. Kaine. do hereby recognize March 2006 as GOVERNMENTAL PURCHASING :\IONTII in the CO'IMONWEAI~TH OF VIRGINIA. and I call this observance III the attention of all our citizens. (l / --;~~ ~~y::;/;e~ .. ~.IS-' tJ to o J-trn County of Albemarle Department of Community Development Memorandum To: From: Division: Date: Subject: Board of Supervisors members Jan Sprinkle, Chief of Zoning Zoning and Current Development March 15, 2006 SP 2005-31, Edward P. Allen Home Occupation, Class B It has come to our attention that the Planning Commission was not fully informed of all the zoning issues leading to our recommendation of denial for this request. The purpose of this memorandum is to give you the background information so that you will understand the Zoning Division's concerns. Should you still choose to approve the request, we are providing two conditions for your consideration. A Home Occupation Class A permit was approved in 2003. That permit clearly states, "Employees not living in the dwelling are not allowed." Zoning received a complaint about employees at the site in the fall of 2005. A synopsis of our zoning inspector's visits to the site is attached to this memo. The Albemarle County Zoning Ordinance as currently written does not permit approval of Mr. Allen's home occupation as currently proposed. A maximum of two employees is limited by defmition and is not subject to modification or variance. Furthermore there is no indication that he is willing to scale his business back to two employees. Although Mr. Allen was informed that he should bring the property into compliance while the SP application was going through its review, on the two different occasions that Zoning staff visited the site, there were more than two employees working on the site. With this violation continuing, it is difficult for us to support granting a permit that may cause a continuing enforcement problem. As you know, we are not proactive in our zoning inspections-we only react to complaints. Therefore, neighbors must notify us of violations. If this permit is approved, the County would be setting up a situation where neighbors will automatically be in an adversarial position. If a complaint ~ called in, zoning will have to set up surveillance to determine if the cars belong to residents of the dwelling or to employees. This would be a poor use of our division's limited resources. We already have this situation with an SP in the Keswick area and it costs of the County thousands of dollars to constantly respond to one unhappy neighbor. (In that case, the fmding has always been compliance with the SP conditions.) Should you fmd cause to approve this application, staff recommends the following condition: 1. A total of two employees are permitted in addition to members of the family residing on the premises. The term "employee" shall include full-time, part-time, independent contractors (or subcontractors) and any other person who is working for or in support of the two businesses mentioned in this application. (The number may need to be discussed since there are three businesses mentioned on the Allen's voice mail.) 2. Any new businesses or additional employees will require amendment of this permit. 9/9/05 - Onsite with Sandra - Photos - Rear parking area has been created and 4 cars were parked behind house - Also two cars parked in front of house. On front door bell there is a sign that directs all deliveries to be made for the "business" to the back door. Before we reached the office around back a lady came out and told us that the owners were not there - then introduced herself as an employee of theirs. I told her that we had a complaint that a business was being operated from the home and inquired how many employees report to work there. She said that technically she was the only employee the others were self- employed free lance workers that come there to work. She seemed reluctant to let us in and look around. I did not force the issue. I gave her my card and asked to her give it to the owners and have them call me. Back at offic~ - I called the business phone numbers, 434-823-1235, 434-823-1236 and the fax number is 434-823-1237. The voice mail had options 1-9. Holly Allen, Ike Allen, Edward Allen, The Allen Group, Home Search Magazines, Jett Black, Linda Newman for Home Search Corrections and Lisa Powers for Invoicing. 9/13/05 - Received a phone call from Edward Allen - He wanted to know why I had visited him and who had turned him in. I told him that he would need to get a special use permit but that it would limit him to two employees reporting to work at the home. I suggested a pre-application conference and transferred him to Bill Fritz to set up a time. 9/16/05 - Sent Letter stating a Deadline of 10/17 /05 (for compliance) 9/19/05 - Pre application conference with Jan,Joan and myself - We explained to him that he should cease the business at that location until the special permit is approved. 10/31/05 - Special use permit submitted (SP200500031). 12/19/05 - Onsite - Photos - Met Mrs. Allen - Upon entering the business, I saw 4 employees plus Mrs. Allen all working on computers. The basement is completely set up as an office with counter tops and computers lining 2 walls of the basement. Mrs. Allen took me to a back private office. I explained to her the conversation Jan and I had with Mr. Allen on the 19th of August in the preapplication conference. She said that she did not know anything about that but would have Mr. Allen call me. She wanted to know what the next step was in the process. I told her that we were going to start civil penalties. I explained the process and the fine amounts. Mr. Allen called Jan that afternoon and she told him the same information. 1/17/05 - Turned in initial civil packet. 2/3/06 - Onsite - Photos - 4 vehicles in back parking area. Visited business and there were 3 employees other than Mrs. Allen working. Mrs. Allen got Mr. Allen on the phone. They asked why I was there when they were in the process of getting a special use permit - I replied that it was my job and a requirement of my boss to visit the site for updated progress. Mr. Allen also said the he would thing that as a gesture of good will we would visit his site every 31 days instead of 30 days. It has been 46 days since last visit. 2/7/06 - Submitted 2nd civil packet. 2/14/06 - Home occupation class B permit reviewed by planning commission. PC recommended approval- this goes before the board on 3/15/06. . . . f COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 February 24, 2006 Edward and Holly Allen 4746 Sugar Hollow Rd Crozet, V A 22932 RE: SP 2005-031 Edward P. Allen Home Occupation Class B (Sign #33) Tax Map 41, ParcellB Dear Mr. and Mrs. Allen: The Albemarle County Planning Commission, at its meeting on February 14, 2006, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the limitations with the Class B, Home Occupations license as defined in the Ordinance, and the following condition: 1. All employee vehicles shall be parked behind (to the north) of the residence. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on March 15, 2006. 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, ~~ Planner Planning Division ARA/aer Cc: Ella Carey Amelia McCulley Jack Kelsey Steve Allshouse . . . COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Edward P. Allen Home Occupation Class B, SP 2005-31 STAFF: Amy Ransom Arnold SUBJECT/PROPOSAUREQUEST: The applicant proposes to operate multiple businesses in S/F residential dwelling; four employees PLANNING COMMISSION DATE: February 14,2006 BOARD OF SUPERVISORS DATE: March 15,2006 APPLICANT I OWNER: Holly W. and Edward P. Allen PROPOSAL: The applicant currently operates two businesses at 4746 Sugar Hollow Road (TM 41 Parcel IB), employing a total of four people, which is in violation of the Zoning Ordinance. The applicant proposes continuance of the Home Occupation, Class B with no more than two employees on site at anyone time. On rare occasions when more than two employees may be present, the applicant has offered to reduce the visibility of parking on site by arranging for off site parking. The applicant has indicated that in addition to the activity associated with the businesses, they expect to receive a single UPS delivery per day. BACKGROUND: A Notice of Violation (2005-151) was sent to Mr. Allen on September 16, 2005 in response to a citizen complaint regarding increased activity on the property. The businesses now in operation include the administrative and managerial aspects of an asphalt driveway coating service (equipment located elsewhere) and the design and production of real estate periodicals. Business activities are confined within the house and include filing, answering I making phone calls, and computer aided graphic design. The house includes 5,000 square feet under the roof with 3,200 square feet of finished living space, 1,000 square feet of which is dedicated to the Home Occupation. The driveway and parking areas located near the house have been re-configured to allow for the parking of employee vehicles at the rear of the house (north side) away from Sugar Hollow Road towards Route 810. DISCUSSION/FINDINGS: Staff has identified the following factors favorable to this application: 1. Support of small business activity in the County. 2. Continuing support by the applicant of maintaining 8.723 acres of the property in the production of livestock feed. Staff has identified the following factors unfavorable to this application: 1. Inconsistency with the definition of Home Occupation, Class B. 2. Inconsistency with the purpose and intent of the Rural Areas ordinance. 3. Inconsistency with the Rural Areas section of the Comprehensive Plan in terms of scale and intensity. 4. The impact of increased local traffic to and from the residential location on Rural Area roads. SP 2005-031 Edward P Allen Home Occupation Class B 5. Increased presence of parked cars, above the quantity expected in a residential context, clearly visible from nearby Route 810. 6. The inability of the County to confirm and enforce the numbers of employees on site at one time. In order for staff to support this proposal, changes to the proposal were suggested' to the applicant. The applicant has responded to staffs recommendations by re-stating his desire to pursue the application as submitted. RECOMMENDATION: Based on the findings contained in this staff report, staff recommends denial of SP 2005-31 based on its inconsistency with the provisions of Section 31.2.4.1 of the Zoning Ordinance, the purpose and intent of the Rural Area ordinance and the Comprehensive Plan. SP 2005-031 Edward P Allen Home Occupation Class B . STAFF PERSON: Amy Ransom Arnold PLANNING COMMISSION: February 14,2006 BOARD OF SUPERVISORS: March 15, 2006 SP 2005-31 Edward P. Allen Home Occupation Applicant's Proposal: The applicant currently operates two businesses at 4746 Sugar Hollow Road (TM 41 Parcel 1 B), employing a total of four people, which is in violation of the Zoning Ordinance. The applicant proposes continuance of the Home Occupation with no more than two employees on site at anyone time. On rare occasions when more than two employees may be present, the applicant has offered to reduce the visibility of parking on site by arranging for off site parking. The applicant has indicated that in addition to the activity associated with the businesses, they expect to receive a single UPS delivery per day. The businesses now in operation include the administrative and managerial aspects of an asphalt driveway coating service (equipment located elsewhere) and the design and production of real estate periodicals. Business activities are confined within the house and include filing, answering I making phone calls, and computer aided graphic design. The house includes 5,000 square feet under the roof with 3,200 square feet of finished living space, 1,000 square feet of which is dedicated to the Home Occupation. The driveway and parking areas located near the house have been re- configured to allow for the parking of employee vehicles at the rear of the house (north side) away from Sugar Hollow Road towards Route 810. (Attachment A.) Views of the employee parking area are limited from Sugar Hollow Road, but the parked cars are readily visible from Route 810, immediately to the east of the site. (Attachment B.) . Petition: The applicant proposes to operate multiple businesses in a single family residential dwelling, employing four people. Section 10.2.2.31 Home Occupation Class B; 5.2 Home Occupation allows for the establishment of businesses in single family residential dwellings in the Rural Area. The property, described as TM 41, Parcel IB is zoned Rural Areas: agricultural, forestal, and fishery uses; residential density (.5 unit/acre). The Comprehensive Plan identifies the land use as Rural Areas (preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/density; .5 unit/acre). The property is located at 4746 Sugar Hollow Road (Route 614); approx. 600 feet west of the intersection of Route 810 and Route 614 in the White Hall Magisterial District. Character of the Area: The immediate area is comprised of open agricultural fields, residential dwellings, hedgerows, patches of forest, and two country stores. The Moonnan's River is located less than ~ mile to the north of the parcel. The Allen parcel totals 9.723 acres. One acre of the site is dedicated to the house and environs with the remaining 8.723 acres used for the production of livestock feed. The 8.723 acres fanned for hay is included in the County Land Use Taxation program. Plannine: and Zonine: Historv: This parcel was created when TM41 - Parcell (87.391 acres) was subdivided in January of 1999 into five separate properties. As a result of this division, each resulting parcel was limited to one dwelling unit per parcel. Mr. Allen purchased TM 41 - Parcel IB in January of 2001. A single dwelling unit was constructed on the property in 2002 utilizing one acre for the house site. The remaining 8.723 acres of the Allen property have remained in agricultural use. . A Notice of Violation (2005-151) was sent to Mr. Allen on September 16,2005 in response to a citizen complaint regarding increased activity on the property. Mr. Allen has since been very responsive to the notice by meeting with County staff and by making this Special Use Permit application. RECOMMENDATION: Staff has reviewed this request for compliance with the provisions of Section 31.2.4.1 of the zoning ordinance and recommends denial, based on its inconsistency with the provisions of Section 31.2.4.1 of the Zoning Ordinance, the purpose and intent of the Rural Area ordinance and the Rural Commercial section of the Comprehensive Plan. STAFF COMMENT: Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance. 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 wiD not be of substantial detriment to adjacent property. The definition of home occupation Class B states, "An occupation conducted in a dwelling unit, with or without the use of one or more accessory structures, for profit, in connection with which there are employed not more than two (2) persons other than members of the family residing on the premises, which persons may be in addition to such family members." Staff is convinced that the number of cars on site and increase in traffic volume associated with four employees is detrimental to adjacent properties. The applicant has indicated that the four people he currently employs are part time. Though the ordinance does not distinguish between full and part time employees, staff feels that the coming and going of part time employees will likely result in higher levels of traffic than employees that enter and exit the site less often during the course of the work day. It is implicit in the ordinance that the two employee limitation applies to the operation of a Home Occupation, rather than employees of the applicant, present on site and engaged in routine home maintenance like the maintenance of lawns and other plantings. that the character of the district will not be changed thereby, The character of the immediate context is defined by open agricultural fields, residential dwellings, patches of forest, and two country stores. Each of these elements is distinct from one another and possesses unique characteristics. While the establishment of a home occupation may help reduce traffic on local roads and support the proliferation of small business within the County, the scale and invisibility of home occupations is critical to maintaining the character of the Rural Areas. It is the opinion of staff that the increase number of employees, changes in the configuration of the site, additional cars parked on site, and increased traffic constitutes activity of a scale and intensity that is inconsistent with the character of the Rural Areas. Sensitivity to the expectations of neighbors and the nearby community in terms of traffic quantities and type is important in maintaining the character of the Rural Areas. The applicant has indicated that no more than two employees are on site at anyone time. On rare occasions when more than two employees may be present, the applicant has offered to reduce the visibility of parking on site by arranging for off site parking. Staff feels that this option does not address the underlying problem of the scale of the existing Home Occupation. 2 . . . and that such use will be in harmony with the purpose and intent of this ordinance, County ordinance pertaining to the Rural Areas were established for the following purposes: . Preservation of agricultural and forestal lands and activities; . Water supply protection; . Limited service delivery to the rural areas; and . Conservation of natural, scenic, and historic resources. While the applicant has actively supported the intent of this ordinance by maintaining agricultural use on the majority of the property, the scale of the proposed businesses is inconsistent with the purpose and intent of the ordinance and does not meet the definition of a Home Occupation, Class B. A Home Occupation with a high level of visibility as expressed in increased vehicular presence and changes in site configuration will detract from the intended purposes of the Rural Areas ordinance provisions. with the uses permitted by right in the district, The property and the adjacent properties are zoned RA, Rural Areas. The uses permitted by right under RA Zoning directly support agriculture, forestry, and the conservation of rural land. While Home Occupations are allowed by Special Use Permit, the Zoning Ordinance has specifically included language that determines the scale and intensity of Home Occupations, insuring that the preferred uses of land zoned RA remain the priority. Staff feels that a Home Occupation, Class B of this size places too much emphasis on this use and does not support the characteristic of Rural Commercial outlined in the Comprehensive Plan such as country stores and crossroads communities. with additional regulations provided in Section 5.0 of this ordinance, Section 5.2 of the Ordinance applies to Home Occupation, Class B. The following sections are of particular relevance to this proposal: 5.2.1. 'Except as herein provided, no home occupation shall be established without approval of the zoning administrator. Upon receipt of a request to establish a home occupation, Class B, the zoning administrator shall refer the same to the Virginia Department of Highways and Transportation for approval of entrance facilities and the zoning administrator shall determine the adequacy of existing parking for such use. No such clearance shall be issued for any home occupation, Class B, except after compliance with section 5.2.3 hereof (Amended 3-18-81)' 5.2.2.1.b. 'There shall be no change in the outside appearance of the buildings or premises, or other visible evidence of the conduct of such home occupation provided that a home occupation, Class B, may erect one home occupation Class B sign as authorized by section 4.15 of this chapter. ' 5.2.2.1.d. 'No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street; , 5.2.3. 'No home occupation, Class B, shall be established until a permit shall have been issued therefore. The provisions of section 5.2.1 of this ordinance shall apply hereto, mutatis mutandis. ' 3 5.2.4. 'The zoning administrator may revoke any clearance or permit issued pursuant to this section, after hearing, for noncompliance with this ordinance or any condition imposed under the authority of this section. ' The Home Occupations included in this proposal are pre-existing and have been established without the approval of the zoning administrator and without a permit. The house site has been altered to extend the driveway around the back of the house and include an employee parking area. While parking for employee vehicles has been accommodated off the street, employee cars are easily visible from Route 810. Neighbor complaints indicate that activity on this site has increased beyond what would normally be expected in a residential neighborhood. Although the applicant has proposed limiting the number of employees on site at one time to two, the zoning administrator has expressed concerns about the enforceability of this proposal and has indicated that the Zoning Division cannot support the applicants request for a Special Use Permit. and with the public health, safety and general welfare. Staff feels the Home Occupation proposed and associated traffic expected to be generated does not pose a threat to public health, or safety. However, a Home Occupation Class B of this scale results in increased vehicular traffic, changes in site configuration, and activity level above those allowed for in the ordinance, and ultimately detract from perceived general welfare in the nearby community. SUMMARY: Staff has identified the following factors favorable to this application: I. Support of small business activity in the County. 2. Continuing support by the applicant of maintaining 8.723 acres of the property in the production of livestock feed. Staff has identified the following factors unfavorable to this application: 1. Inconsistency with the definition of Home Occupation, Class B. 2. Inconsistency with the purpose and intent ofthe Rural Areas ordinance. 3. Inconsistency with the Rural Areas section of the Comprehensive Plan in terms of scale and intensity. 4. The impact of increased local traffic to and from the residential location on Rural Area roads. 5. Increased presence of parked cars, above the quantity expected in a residential context, clearly visible from nearby Route 810. 6. The inability of the County to confirm and enforce the numbers of employees on site at one time. In order for staff to support this proposal, changes to the proposal were suggested to the applicant: . The total number of employees should be reduced. . Visibility of the east side of the residence from Route 810 should be eliminated by increasing the density of the existing hedgerow continuously along the fence line of the parcel immediately adjacent to Route 810. The hedgerow should include a variety of indigenous plant species typically found in hedgerows, established at a density and height that will eliminate views of the dwelling from Route 810, throughout the year. The suggested location of the hedgerow is illustrated in Attachment C. The applicant has responded to staffs recommendation by re-stating his desire to pursue the application as submitted. 4 C. Suggested location and extent of augmentation of an existing hedgerow to minimize visibility of existing employee parking from Route 810: . r.I--7 / ______.1 n J. ~!//~ P' / ",,- ~ I "-, / ~ , '-,"--- / /'" , , ' , I~' / I -'--- / I "-,,- I I ........ / / ' , , " / / "....... / /------- 1/" ., ~ / 1/ I / /f , I / 1/ / / ,<." Appr oxim ate 1 ocati on and .. telll of proposed hedgerow 1. & .......:~~~~ -~~ C~:::~:, . '~~ /1 -, -{,J / -,/ / /' / I / ,I.., / - / ~- /'-) <../' "-, / / ji ,r--./--l. 1/1 / ; -- II '---',-, '---,-/~I/ -", / 1_, EdMunl P. AUen Home OcCll}Kllion, SP ]OO5-]l Locaticn and extent If proposed hedgerow o _ _ Mles 00.00101 om 0.03 0.04 . 6 RECOMMENDED ACTION: Based on the findings contained in this staff report, staff recommends denial of SP 2005-31 based on its inconsistency with the provisions of Section 31.2.4.1 of the Zoning Ordinance, the purpose and intent of the Rural Area ordinance and the Comprehensive Plan. Attachments: A. Changes in parking configuration to allow for employee parking: I '2.'. I %; _'.____d' ---1 ~~I.'-~ -=i PWN~ '">, ~ '~.. ~~ ~ ~~'\~: . .~ ;/ ,', 1'7; ~ '~-""" ~/ >- > >- \.'- " // '-')-)1 c- 5 l)Ut~'!I,' ~'.'~:.,_I":."<:i;<1 ;\;'/t:"OViAY Lore '10 I. 'IJI tt w-tt \'1 I t-> I \; ! ~ i ~ : ~ I .. \. 1 '.: ~_ i ~, I -I "'--1 ! I i --+-- ~ "..... 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A.J2.. r- i ~ h t d.e.-c. i $ it:) \,A. ~:~~j~~oU ~~j;/M4Kd lf7 4-9 gu..~a..r{/tI~ I/o ~ RJ, Crcze+) Va.. 1..;2.'13::t-.2.2 3 2. 8 Attachment E Amy Arnold . From: MARLENECONDON@aol.com Sent: Monday, January 30, 2006 4:08 PM To: Amy Arnold Subject: about hearing for Edward Allen Dear Amy, Thanks so much for speaking with me about the Edward Allen zoning request. Below are my comments for the public meeting. I appreciate your taking them. Marlene Condon Regarding the Edward Allen special-use permit request for 4 employees: . Allowing this kind of business in a rural area is questionable. Rural areas are wonderful for the relative quiet and peacefulness that results from fewer people causing noise. Mr. Allen had a huge electrical box installed very shortly after moving into this house, apparently for the purpose of running his business. The box made incessant noise that was very aggravating. The box is also an eyesore. It should also be noted that anyone in a rural area who is running a business with employees coming and going should be required to erect a sign so people know a business exists. Otherwise, people buying a house nearby have no reason to suspect that they may be moving near a business that has numerous vehicles coming and going. It would appear that if Mr. Allen already had a special-use permit for 2 employees, he should have known that he was not in compliance if he hired 2 more employees. After all, doesn't the permit come with the stipulations spelled out? It should not be up to the neighbors to discover and report that a business owner is out of compliance, and then for Albemarle County government employees to have to drive all the way out there to check out the situation. But since it apparently is, offenders should be fined to cover the costs of everyone's time and trouble, as well as any other expenses, when people are not in compliance with zoning. Fines should be large enough to send a message to others that zoning is taken seriously by the government, as it should be. Otherwise citizens, as usual, bear the burdens of these costs. In this particular case, the owner had a permit so it should be hard to argue that he did not know what his permit allowed. In fact, it is incumbent upon business owners to look into exactly what is allowed in a rural area. It is their responsibility to do so. Marlene A. Condon . 1/31/2006 q . . . Albemarle County Planning Commission February 14, 2006 The Albemarle County Planning Commission held a meeting and a public hearing on Tuesday, February 14, 2006, at 6:00 p.m., at the County Office Building, Room 241, Second Floor, 401 Mcintire Road, Charlottesville, Virginia. Members attending were Bill Edgerton, Jo Higgins, Eric Strucko, Jon Cannon, Calvin Morris, Vice-Chairman, Pete Craddock and Marcia Joseph, Chairman. 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; Amy Arnold, Planner; Louise Wyant, Zoning Enforcement Manager and Greg Kamptner, Deputy County Attorney. Call to Order and Establish Quorum: Ms. Joseph called the regular meeting to order at 6:01 p.m. and established a quorum. Public Hearing Items: SP 2005-031 Edward P. Allen - Home Occupation Class B (Sign #33) PROPOSED: Multiple businesses in S/F residential dwelling; four employees ZONING CATEGORY/GENERAL USAGE: RA -- Rural Areas: agricultural, forestal, and fishery uses; residential density (0.5 unit/acre) SECTION: 10.2.2.31 Home Occupation Class B; 5.2 Home Occupation COMPREHENSIVE PLAN LAND USE/DENSITY: Rural Areas - preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/density (.5 unit/acre) LOCATION: TM 41, Parcel 1B, 4746 Sugar Hollow Road (SR 614); approx. 600 feet west of the intersection of SR 810 and SR 614 MAGISTERIAL DISTRICT: White Hall STAFF PERSON: Amy Arnold Ms. Arnold summarized the staff report. · The applicant currently operates two businesses at his residence at 4746 Sugar Hollow Road employing a total of four people, which is currently in violation of the Zoning Ordinance. The applicant proposes continuance of the Home Occupation, Class B with no more than two employees on the site at one time. On rare occasions when more then two employees may be present, the applicant has offered to reduce visibility of parking off site by arranging off site parking. The applicant has indicated that in addition to the activity associated with the business they expect to receive a single UPS delivery daily. · A Notice of Violation (2005-151) was sent to Mr. Allen on September 16, 2005 in response to a citizen complaint regarding increased activity on the property. The businesses now in operation include the administrative and managerial aspects of an asphalt driveway coating service (equipment located elsewhere) and the design and production of real estate periodicals. Business activities are confined within the house and include filing, answering/making phone calls, and computer aided graphic design. The house includes 5,000 square feet under the roof with 3,200 square feet of finished living space, 1,000 square feet of which is dedicated to the Home Occupation. The driveway and parking areas located near the house have been re- configured to allow for the parking of employee vehicles at the rear of the house (north side) away from Sugar Hollow Road towards Route 810. · Staff has identified the following factors favorable to this application: 1. Support of small business activity in the County. 2. Continuing support by the applicant of maintaining 8.723 acres of the property in the production of livestock feed. ALBEMARLE COUNTY PLANNING COMMISSION - FEBRUARY 14,2006 DRAFT MINUTES - SP-2005-031 EDWARD P. ALLEN - HOME OCCUPATION CLASS B 1 . Staff has identified the following factors unfavorable to this application: 1. Inconsistency with the definition of Home Occupation, Class B. 2. Inconsistency with the purpose and intent of the Rural Areas ordinance. 3. Inconsistency with the Rural Areas section of the Comprehensive Plan in terms of scale and intensity. 4. The impact of increased local traffic to and from the residential location on Rural Area roads. 5. Increased presence of parked cars, above the quantity expected in a residential context, clearly visible from nearby Route 810. 6. The inability of the County to confirm and enforce the numbers of employees on site at one time. . In order for staff to support this proposal, changes to the proposal were suggested to the applicant. The applicant has responded to staff's recommendations by re-stating his desire to pursue the application as submitted. . Based on the findings contained in this staff report, staff recommends denial of SP 2005-31 based on its inconsistency with the provisions of Section 31.2.4.1 of the Zoning Ordinance, the purpose and intent of the Rural Area ordinance and the Comprehensive Plan. . There are two letters attached to the staff report from neighbors in support of the Allen's proposal. Another letter of support has been received from neighbor Susan Murray Durbin, which was distributed this evening. . Louise Wyant, Zoning Enforcement Manger, is present to answer any specific questions about the violation. Ms. Joseph asked if there were any questions for Ms. Arnold. Mr. Morris asked if the applicant currently has a Class B license, and Ms. Arnold replied no. Ms. Cannon asked if the action that is requested the issuance of a Class B license, which was in the form of a special use permit that ultimately was approved by the Board. Therefore, this was just a recommendation from the Planning Commission to the Board. Ms. Arnold stated that was correct. Mr. Morris asked that staff explain exactly what a Class B license entails. Ms. Wyatt stated that Mr. Allen currently has a Home Occupation, Class A, which states that you cannot have any employees reporting to the premises other than those residing there. During staff's two on-site visits to the property they saw three and four employees working at computers. Ms. Higgins asked what the difference is between a Class A and Class B Home Occupation; Ms. Wyatt stated that a Class A has no employees and a Class B can have up to two employees. There are some other differences as well. A Class A Home Occupation generally does not allow for any outdoor storage. Whereas, on a Class B outside storage can be a condition if there are certain things that are stored. Ms. Joseph pointed out that a Class B Home Occupation can also have it in another structure. Ms. Wyatt stated that the Class B Home Occupation would allow use of an accessory structure. She asked Mr. Kamptner to highlight some of the differences. Mr. Kamptner stated that she had already highlighted the two main differences in the definitions. ALBEMARLE COUNTY PLANNING COMMISSION - FEBRUARY 14,2006 DRAFT MINUTES - SP-2005-031 EDWARD P. ALLEN - HOME OCCUPATION CLASS B 2 . . . Ms. Wyatt stated that a Class B Home Occupation would be required if there was any outdoor change to the structure indicating that a business is going on. Ms. Higgins asked about signage, and Ms. Wyatt stated that would require a Class B Home Occupation as well. Ms. Higgins asked if there was any signage at this location. Ms. Wyatt stated that there was a small sign that says for deliveries to the site for the business to use the rear. Ms. Higgins asked if there were any advertising signs, and Ms. Wyatt stated that there was not. Mr. Cannon stated that the Class B Home Occupation would allow two employees. He asked how staff would interpret that. Would that be for two employees or two full time employees or two full time equivalent employees? Ms. Wyatt stated that zoning staff does not think that the ordinance makes a distinction between full time and part time. In fact, in staffs comments to Ms. Arnold we noted the fact that if someone had four part time employees it was almost impossible for staff to really monitor how many employees are on the site at any given time. Ms. Higgins noted that was consistent with any home occupation license that is granted. Ms. Wyatt stated that was absolutely true. Ms. Higgins stated that was just an issue with home occupation license. Mr. Cannon stated that to put a point on it that it was a matter of some uncertainty or dispute as to whether even if a Class B Home Occupation permit were issued that it would accommodate the operations as proposed by the applicant. He asked if that was correct. Ms. Wyant stated that was correct. The Deputy Zoning Administrator has interpreted the ordinance to say that it would not meet the definition. Mr. Cannon stated that it was a possibility that the applicant would still be considered by the County to be in violation. Ms. Wyatt stated that was correct if he had more than two employees. Mr. Cilimberg pointed out that supplemental regulations can be modified by the Commission's action. Mr. Kamptner stated that the limitation on the number of employees is in the definition and not in Section 5. Therefore, it is not subject to modification. Mr. Edgerton stated that two employees is the maximum number. Ms. Joseph stated that this whole business about part time employees is something that the Board of Zoning Appeals would decide and not the Commission in regards to the interpretation of the wording by the zoning administrator. Mr. Kamptner stated that was correct. Mr. Cannon stated that there is now no Class B Home Occupation permit. Therefore, that is not an issue that is ready to be decided before the decision is made to issue a Class B Home Occupation permit. ALBEMARLE COUNTY PLANNING COMMISSION - FEBRUARY 14, 2006 DRAFT MINUTES - SP-2005-031 EDWARD P. ALLEN - HOME OCCUPATION CLASS B 3 Ms. Wyant stated that was correct because there currently is no Class B Home Occupation permit. The Class A Home Occupation was granted a few years ago. Mr. Cannon asked if there was any other special use dispensation that the applicant could seek that would accommodate without question on the part of the County being the number of employees that he would wish to have. Ms. Wyant stated that is a good question. She felt that the deputy zoning administrator determined that the definition says two and does not say at any given time. So that is the interpretation. Ms. Joseph asked if what he is doing fits in the definition of a home occupation. Ms. Wyant stated yes, because he resides there. Mr. Craddock stated that typically a home occupation is for one business with up to two employees. He asked if this is two businesses that could have up to two employees in each business. Ms. Wyant stated that is a great question, but she did not have an answer. Mr. Craddock asked if that was a violation. Mr. Kamptner stated that there is a section in the ordinance that prohibits someone from obtaining multiple home occupations. Ultimately, it is a decision for the Board of Supervisors and with any piece of property and any number of special use permits you may grant one. But, the Board may decide that with two special use permits that the use is too intense and it is no longer consistent with the purpose and intent of the zoning district that the property is in. It is possible, but it is kind of a catch 22 for home occupations for two permits to be obtained. Mr. Craddock stated that there was nothing outside that would even let anyone know if there were ten businesses going on inside other than the fact that someone complained that there were two going on. Ms. Wyant stated that it was just the number of cars parked outside and the small the sign. Ms. Higgins asked how many cars staff was talking about. Ms. Wyant stated that the first time the inspector went on site there were four cars behind the house and two in front for a total of six cars. The next time it is not noted how many vehicles were there, but there were four employees on site. The final visit, which was on February 3, there were four vehicles in the back parking area. She noted that she was not sure if there were any in the front. Ms. Higgins stated that no one noticed more than six vehicles at anyone time. Ms. Wyant stated yes, that was what the note seems to indicate. There being no further questions for staff, Ms. Joseph opened the public hearing and invited the applicant to address the Commission. Edward Allen stated that he would like to mention that the sign that has been mentioned several times was a 2' X 3' sign on his door bell on the house, which was about 150 feet from the closest public road. To see the sign one would have to be on private property. It is only there so the UPS man will not ring the front door bell and leave his packages in the rain. That is the sole purpose for that sign. As far as the cars parked, he wanted to go through the history and hit a few of the high points. The number of cars and their visibility seem to be the major issues. If you read the whole staff report it really comes down to their feeling that the intensity of the business is evidenced by too much traffic coming in and out of the property on a daily basis and too many cars being parked there. He objected to both of those characterizations of the business. Number one, he personally owns ten cars. At anyone time there may be six or seven of those cars parked on his property. There may be three cars parked in his three-car garage. The cars ALBEMARLE COUNTY PLANNING COMMISSION - FEBRUARY 14, 2006 DRAFT MINUTES - SP-2005-031 EDWARD P. ALLEN - HOME OCCUPATION CLASS B 4 . . . happen to be antique collectable sports cars. So on a given day maybe three or four of the cars may be in repair shops in various areas of the state. But, there are occasions that he has a good number of cars parked at both the front and back of the house. He presented photographs showing the visibility of his house from Route 810 at 50 foot intervals. He failed to see that it was a visual eyesore from Route 810 for the cars parked at his residence due to the trees. Next, he would like to speak to the intensity of use and traffic. When he moved into his house three years ago he had three children who all attended local high schools and worked after school. Both he and his wife worked outside of the house. If you take their trips to and from work, it would be four trips. If you take their three children to and from school plus home to and from a job, it is sixteen car trips per day that they were doing as a personal family of five. Now he is an empty nester and all of the children have moved. Now in the worse scenario if there were four employees showing up that do not leave the premises, it is a total of eight vehicle trips per day. That is one-half of the traffic generated when they moved in there as a personal family. So again, he fails to see what he is doing now in any way rises to the level of increased intensity. It is a decrease in intensity. He presented photographs of other properties in the area where there were businesses in people's front yards with trucks, trailers, dump trucks, trash trucks, etc. within 50 to 100 feet from the road with no screening. The photographs show what the rural area looks like. Many people in the rural areas make their living in their back yards. Many people park a dump truck in their side yard. This type of activity takes places all across the county. All he is asking is to be treated like any other property owner. In fact, if they will look at these pictures of usage right around his house within a mile that all are far in excess of what his property shows in the previous pictures from Route 810. It is obvious, in his opinion, that he should be the poster child for a low intensity home office occupation and not the scapegoat to be censored for doing what has been done traditionally in rural areas of this county and every other county in this country for the last 100 years. With computer technology it is being done more and more. It is being done with a very low intensity level inside the house and he was not disturbing anybody. Ms. Joseph asked if there were any questions for the applicant. Mr. Craddock asked if he would point out where those neighbors live. Mr. Allen stated that there were only two neighbors that had physical sight of his house. One of those neighbors is Mr. Fitzgerald who has written a letter stating that he has not objections. The other person who has any views whatsoever cannot see his house. He pointed out the Old Piedmont house was the only other house that has a physical view of his property. There is also a letter from that property owner, the Durbins, stating that they have no objection. These are the only two neighbors that would have any standing to say that they object to what he is doing because no one else can see it. Mr. Edgerton asked who made the complaint. Mr. Allen stated that he did not know, but would love to know because it was a phoned in anonymously. Ms. Higgins asked if he would tell them about his operations. She asked if there was any equipment involved. Mr. Allen stated that there was no equipment involved. He has had a graphic design magazine publishing business for over 20 years. That was business on which the application was made. In September he purchased a second business for a driveway resealing franchise called Jet Black. He bought it because it was such an easy overlay. His bookkeeper, who was one of these four people being discussed as being part-time, was already in his office. He gave her additional duties to answer another phone line and to bill for the services that his foreman performs doing driveway resealing. That is the only thing that is done on the premises. His foreman does not even report to that site. Ms. Higgins asked what the other three people do. Mr. Allen stated that the other three people are all graphic designers and his wife is the chief graphic designer. They actually sit in front of four computer terminals. Mr. Strucko asked if his wife was considered as part of the three employees. ALBEMARLE COUNTY PLANNING COMMISSION - FEBRUARY 14, 2006 DRAFT MINUTES - SP-2005-031 EDWARD P. ALLEN - HOME OCCUPATION CLASS B 5 Mr. Allen stated that his wife was not counted in the three part-time employees. Mr. Cannon asked if it was his assumption that the businesses shown in the photographs were operating illegally. Mr. Allen stated that he had no idea and did not care. He noted that he took the position that within a mile of his house that this is the natural background look of Albemarle County. He did not believe that what he is doing can in any way be considered high intensity. Mr. Strucko asked if they have a daily UPS delivery. Mr. Allen stated that has changed because they now receive about 90 percent of their materials directly on line. Therefore, their average UPS delivery might be twice a week. There being no further questions, Ms. Joseph invited public comment. There being none, she closed the public hearing to bring the matter before the Commission. Mr. Edgerton stated that he had a question for Mr. Kamptner. Mr. Allen has made a rather passionate plea for the Commission to ignore the law. Does the Commission have the authority to ignore the law? It seems that the law is very clear. Mr. Kamptner asked if he was referring to the law regarding putting the limitation on the number of employees, and Mr. Edgerton agreed. Mr. Kamptner stated that the Commission did not have that authority because the limitation was in the definition. He pointed out that the Commission's recommendation is for a Class B Home Occupation permit that cannot have more than two employees. Mr. Edgerton stated that the applicant has more than two employees. Mr. Kamptner stated that in order for the applicant to comply that number would have to be reduced. That determination would be through what is an employee and that decision starts with the zoning administrator. He did not think that employees in the context of home occupations have been nitpicked to the point where they are looking at part-time and full-time equivalencies and things like that. But, the zoning administrator has a history of interpretation of these regulations. So she is better equipped to make that decision. Mr. Strucko asked if it was possible for two Class B Home Occupations to be issued for the same residence. Mr. Kamptner stated yes, he thought that it was possible. But, that will be up to the Board to decide whether or not more than one is too much. Mr. Strucko stated that the issue seems to be hinging on the number of employees. He questioned if the two businesses could have two employees each. Ms. Joseph pointed out that it was the rural areas and not a commercial zone. It is a zone that one would expect rural activities and not commercial activities. That is why the Home Occupation Class B is limited to two employees. It allows people to get a start in the business, but not allow full blown commercial activities in the rural areas. Mr. Strucko stated that if the Commission does recommend issuance of a Class B Home Occupation, the connotation is two employees and no more. Mr. Kamptner asked to clarify one thing because he did not know if zoning has made the decision. But, zoning may perceive various activities as comprising a single occupation for purposes of the permit. So ALBEMARLE COUNTY PLANNING COMMISSION - FEBRUARY 14,2006 DRAFT MINUTES - SP-2005-031 EDWARD P. ALLEN - HOME OCCUPATION CLASS B 6 . . . the applicant might not have to get multiple permits to do what they are doing in their home. But, he was not sure if zoning has made a call on that yet. Ms. Wyant stated that she believed that they would treat it as two. Mr. Edgerton asked if one home occupation would be limited to two employees, and Mr. Kamptner stated that was correct. Ms. Higgins asked if any interpretation of that would go before the Board of Zoning Appeals. Mr. Kamptner stated that it would be up to any person affected to appeal it to the Board of Zoning Appeals. Ms. Higgins stated that the Commission could not make any decision about the number of employees because it was in the definition. Ms. Joseph asked if the Commission wants to take an action on this request. Mr. Cilimberg asked to layout a scenario. If there were a Home Occupation Class B approved for this location it would be required to meet all of the requirements of the zoning ordinance. Anything that an individual would want to do beyond the requirements of the zoning ordinance either would require a variance from the Board of Zoning Appeals or request for a modification of supplementary regulations, which does not include the two employees because it is part of the definition. If there is a Home Occupation Class B here and if they want to have four employees they are only going to be able to have four employees and be legal through the issuance of a variance. It really boils down to that. Mr. Kamptner stated that the Board of Zoning Appeals could not grant a variance to change a definition of the zoning ordinance. It would require a change to the zoning ordinance by the Board of Supervisors to change two to four employees. An appeal to the zoning administrator's determination as to what constitutes an employee is what they discussed earlier. That decision could be appealed to the Board of Zoning Appeals. Motion: Ms. Higgins moved, Mr. Strucko seconded, to approve SP 2005-031, Edward P. Allen, as stated with the limitations only with the Class B, Home Occupations license as defined in the ordinance. Ms. Higgins amended the motion to add the condition that all employee vehicles shall be parked behind (to the north) of the residence. Mr. Strucko seconded the motion. The motion passed by a vote of 7:0. Ms. Joseph stated that SP-2005-031, Edward P. Allen, would go before the Board on March 15 with a recommendation for approval. (Recorded and transcribed by Sharon Claytor Taylor, Recording Secretary.) ALBEMARLE COUNTY PLANNING COMMISSION - FEBRUARY 14, 2006 DRAFT MINUTES - SP-2005-031 EDWARD P. ALLEN - HOME OCCUPATION CLASS B 7 . . . COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZMA 2005-0005 Liberty Hall (Cross Property) STAFF: REBECCA RAGSDALE SUBJECT/PROPOSALlREQUEST: Liberty Hall is a request to rezone 8.01 acres from R-1 to Neighborhood Model for residential and office uses. AGENDA DATE: MARCH 15, 2006 ACTION: X INFORMATION: STAFF CONTACT(S): Cilimberg, Echols, Ragsdale CONSENT AGENDA: ACTION: INFORMATION: LEGAL REVIEW: NO ATTACHMENTS: YES BACKGROUND: The applicant submitted a rezoning application in May 2005 which went to the Planning Commission for a work session January 17, 2006 and for a public hearing February 21, 2006. (Exhibit F) The proposal has been revised several times since May to address concerns and comments raised by staff, the Planning Commission, and public comment. At the January public hearing, the Planning Commission recommended denial of the rezoning based on staff recommendations. The Commission also reviewed and took action on waivers requested by the applicant for critical slope disturbance, on-street parking, and sidewalk and planting strip requirements. The Planning Commission approved the on-street parking request and a waiver of sidewalk and planting strip requirements for certain portions of the street along Radford Lane. The Planning Commission did not approve the critical slopes waiver and a waiver of sidewalk and planting strip requirements for the south side of Road B behind Clover Lawn. The revised plan submitted by the applicant since the Planning Commission public hearing eliminates critical slope disturbance and now includes a sidewalk and planting strip for Road B. DISCUSSION/FINDINGS: Staff did not recommend approval to the Planning Commission on February 21, 2006 because the plan before the Commission had not adequately resolved the issue of critical slope disturbance and adequate erosion and sediment control measures to stabilize disturbed slopes. These critical slopes are identified as important resources on the Open Space Plan and Crozet Master Plan Green Infrastructure map. The Planning Commission concurred with staff's recommendation based on the same findings. The applicant has addressed this through revisions to the plan that eliminate critical slope disturbance by removing a road connection and reducing the residential units adjacent to the slopes. Other areas of concern noted by some Commissioners and members of the public were the proposed residential densities of the project, mixture of uses and conformity with the Crozet Master Plan. Following the Planning Commission public hearing, the applicant revised the general development plan, proffers, and code of development (Exhibits A, B, C) to respond to some of these comments made from the Commission and the public. Major changes include reducing the amount of office space from 13,500 square feet to 8,500 square feet; proposing 5 additional residential units over the office building; reducing the number of residential units in the CT 3 areas of the site and proposing fewer town house units; correcting parking lot and street section dimensions; adding architectural elevations to the Code of Development for the town house units and the office building; and proffering to dedicate a portion of trails proposed within the project for Greenway connections. Regarding the architectural elevations, the Architectural Review Board will need to review and provide final approval of the architecture for the mixed use building as it is visible from the Entrance ZMA 2005-00005 Liberty Hall (Cross Property) Corridor. This review will be done at the site plan stage. The elevations provided should not be construed as final approval. The table below compares the revised number of residential units by Crozet Transect (CT) type to the recommended densities of the Crozet Master Plan. The applicant did not reduce the total number of units proposed for the project but revised the total units for each CT type. Max Master Plan Units Crozet Transect Densit Acres Net Acres su ested Units Pro osed Net Oensit CT 3 (3.5, 4.5 acre, 6.5/acre if accessory apartments added for 50% residential stock 5.96 4.77 31 26 5.45 ~.q. :uS 2.05 1.64 30 27 16.46 Total 8.01 6.41 61 53 Notes: Net acreage is 80% project area. Staff notes that density is not the only criteria for approval of rezonings in Crozet. As was the case before the adoption of the Crozet Master Plan, form is as important as density in determining the appropriateness of approving a rezoning. The Crozet Master Plan includes a "Master Matrix" table that offers guidelines to consider when evaluating the form of developments, including spatial enclosure, lot coverage, and building height. (Exhibit D) The Master Plan also includes a second table with suggested land uses by CT type in Crozet. (Exhibit E) In response to concerns, the applicant's revisions provide for lot coverage, building height, and mixture of uses that are consistent with the guidelines of the Master Plan. Some members of the public who spoke have raised concerns about the rate at which Crozet is growing. Staff provided the table below to the Commission and public after their request for a "status report" on approved developments and developments under review in Crozet. From this table, if Old Trail is built out to its maximum approved units, and all rezonings under review are approved and built out to their maximum approved units, in addition to the by-right development, the number of dwelling units would result in a population that would likely exceed 12,000 (2.4 persons per unit x number of dwelling units). However, the table does not attempt to project the rate at which growth will occur, nor can it predict whether the approved developments will build out to their maximum allowed development potential. COMMUNITY OF CROZET 3/7/2006 Number of Existing Dwelling units as of 6/05, estimated by GDS Units 1451 Number of By-Right Dwelling Units/Lots Approved (FINAL SUB & Final SDP) 2004 & 2005 - No CO's as of 6/05 SUB 04-136 SOP 05-17 SUB 04-102 SUB05-113 Total 63 79 43 49 234 Ballard Field Ballard Field Townhouses Upper Ballard Field Westhalll & II (SF) Number of Units/Lots on Approved PRELIMINARY Plats and Site Plans SUB 04-288 SUB 05-259 SUB 05-229 SUB 05-146 SUB 04-134 SOP 05-90 Total 24 96 21 9 17 36 167 Old Trail Creekside Old Trail Creekside II - Phase I Clayton Westhall Phase III West End at Westem Ridge Westhall Phase IV ZMA 2005-00005 Liberty Hall (Cross Property) 2 . . . Number of Units-Rezonings approved in Crozet since Master Plan Adoption ZMA 04-24 Old Trail Village ZMA 04-17 Wickham Pond 2275 107 2382 Total Number of Units-Rezonings Under Review ZMA 05-05 Liberty Hall ZMA 05-07 Haden Place ZMA 05-18 Wickham Pond II ZMA 06-01 Westhall Phase V ZMA 02-05 Foothill Crossing -- indefinitely deferred 53 40 127 38 600 858 Total RECOMMENDATION: All revisions have been reviewed and appear to address the majority of concerns with the proposal that resulted in a recommendation for denial from staff and the Planning Commission. Therefore, staff recommends approval of ZMA 05-05 of 8.01 acres from R1 Residential to NMD Neighborhood Model District with the revised proffers, code of development, and plan. EXHIBITS: Exhibit A: Liberty Hall signed Proffers Exhibit B: Liberty Hall Code of Development, February 22, 2006 Exhibit C: Liberty Hall General Development Plan, February 22, 2006 Exhibit D: Crozet Master Plan Table 1: "Master Matrix" Crozet Place Type and Design Guidelines Exhibit E: Crozet Master Plan Table 2: Crozet Land Use and Place Types Exhibit F: Planning Commission Liberty Hall Public Hearing report, dated February 21, 2006 and including Planning Commission Liberty Hall Work Session report, January 17, 2006 ( I1WWl beK-etl ~ a1ra.fe/ 'I ) Zf\1A 2005-00005 Liberty Hall (Cross Property) J Exhibit A . Origin<ll Proffer X PROFFER FORM D<lte of Proffer SignMure 3/6/2006 ZMA #2005-00005 Tax M<lp P<lrcels 56-97 A. 56-97 A L portion of 56-97 8.01 Acres to be rezoned from Rl to NMD (Neighborhood Model District) in <lccordance with the General Development Plan dated Febmmy 22, 2006 Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner, or its duly authorized agent, hereby volunt<lrily proffers the conditions hsted below which shall be applied to the propert'y, if rezoned with the offered Plans approved for development These conditions <lre proffered as a pmt of the requested rezoning <lnd it is agreed th<lt (1) the rezoning Itself gives rise to the need for the conditions: <lnd (2) such conditions have a re<lsonable rel<ltion to the rezoning request I) The Owner shall contribute $140,800 ($3,200 per unit for 44 units) c<lsh to the County's c<lpitallmprovement program for the purpose of mitig<lting impacts from this development. The cash contribution shall be used for transportation improvements, schools, libraries, fire and rescue, parks or any other public use serving the Community of Crozet as identified in the Comprehensive Plan. Contributions shall be p<lyable und~r one of the following methods, which shall be designated by the COlmty: (I) ninety (90) days after receipt of written notice by the Owner from the County identifying a Capital Improvement Project within the Community of Crozet for which the cash would be applied, provided that contributions for a Capital Improvement Project shall not exceed $50,000 during any sixty (60) day period and SaId request is after the County's approval of the first Final Site Plan or subdivision plat within the Project or (2) in increments of $3,200 cash per lot, for any market-rate townhouse or new detached single family dvvelling unit prior to or at the time of issuance of a building permit for any improvement thereon, If the cash contribution has not been exhausted by the County for the stated purpose within (10) ten years from the date of the County's receipt of the final contribution, all lillexpended funds shall be apphed to a project(s) identified in the County's Capital Improvements Program, 2) The Owner shall provide eight (8) units of affordable housing as identified on the General Development Plan produced by Timmons Group, dated August 15,2005 and last revised Febmmy 22, 2006, entitled "Application Plan - Figure 2" 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 II1come. All purchasers of these units shall be approved by the Albemarle County Office of Housing or its designee, 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 shaL commence upon written notice from the Owner that the units will be mailable for sale. This notice shalJ 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 quahfied purchaser during this period, the Owner shall have the right to sell the unites) without any restriction on sales price or income of purchaser, This proffer shall apply only to the first sale of each of the eight (8) units, 3) Within 30 days after VDOT determines that a traffic signal is warranted at the intersection of Radford Lane and Route 250 or at the intersection of Eastem A venue and Route 250, the Owner shall make a cash contribution to the County to pay for its share of the cost to install a traffic signal by others, The O\vner's cash contribution . RECEiVED . Proffer F 01111 LibeI1V Hal] Weather Hill Developmelll, LIe Page] I~AR () 6 2006 OOMiWNITY DEVELOPMENT BD~ C) Exhibit A shall be based upon the traffic volume generated by this site at the intersection, as compared to the total traffic volume at the intersection creating the need for the traffic signal, as determined by VDOT, Albemarle County, or the Owner's traffic consultant with the review and approval by VDOT and Albemarle County, and be detemlined by Albemarle County and VDOT using an equitable method for detem1ining the Owner's pro-rata share of the cost This proffer shall be in effect until December 3 L 2013 4) The Owner shall dedicate and convey to Albemarle County, prior to the first Final Site Plan approvaL a 10-ft wide access easement to accommodate the construction, maintenance, and use of a Class B primitive trail connecting a sidewalk at the northem end of "Road D" to the property line adjacent the 20' sewer easement on TMP 56-97 as shown on the General Development Plan. The access easement shall be shO\vn on the subdivision plat or site plan for the underlying or adjacent lands within the Project and constructed by Owner in conjunction with the improvements for that subdivision plat or site plan The primitive trail shall be designed and constmcted in accordance with the standards identified in the Albemarle County Comprehensive Plan, Appendix A - Greenway Plan If the primitive trail access easement is not dedicated as part of a subdivision plat the Owner shall pay all costs of surveying and preparing legal documents in a form acceptable to the County Attomey necessary to dedicate the easement. 5) Overlot grading Plan - Subdivision Plans: The Owner shall submit an over-lot grading Plan meeting the requirements of Proffer 4 (hereinafter, the "Plan") with the application for each subdivision of the Property into single family detached lots and single family attached dwelling units shown on the General Development Plan. The Plan shall show existing and proposed topographic features to be considered in the development of the proposed subdivision The Plan shall be approved by the County Engineer prior to final approval of the site plan or subdivision plat. The Property within the subdivision shall be graded as shovvn on the approved Plan. No certificate of occupancy shall be issued for any dwelling on a lot 'where the County Engineer has detennined the lot grading is not consistent with the approved grading Plan The Plan shall satisfy the following: a) The Plan shall shov\' all proposed streets, building sites, setbacks, surface drainage, driveways, trails, and other features the County Engineer detennines are needed to verify that the Plan satisfies the requirements of this proffer. b) The Plan shall be drawn to a scale not greater than one (I) inch equals fifty (50) feet. c) All proposed grading shall be shown with contour intervals not greater than two (2) feet All concentrated surface drainage over lots shall be clearly shown with the proposed grading. All proposed grading shall be designed to assure that surface drainage can provide adequate relief from the flooding of dwellings in the event a storm sewer fails d) Graded slopes on lots proposed to be planted with turf grasses (lawns) shall not exceed a gradient of three (3) feet of honzontal distance for each one (I) foot of vertical rise or fall (31) Steeper slopes shall be vegetated with low maintenance vegetation as detem1ined to be appropriate by the County's program authority in its approval of an erosion and sediment control plan for the land disturbing activity These steeper slopes shall not exceed a gradient of two (2) feet of horizontal distance for each one (I) foot of vertical rise or fall (21), unless the County Engineer finds that the grading recommendations for steeper slopes have adequately addressed the impacts. e) Surface drainage may flow across up to three (3) lots before being collected in a stom1 sewer or directed to a drainage ,,, ay outside of the lots. f) No surface drainage across a residential lot shall have more than one-half (1/2) acre of land draining to it g) All drainage fr0111 streets shall be carried across lots 111 a storm se,ver to a point beyond the rear of the building site. h) The Plan shall demonstrate that an area at least ten (10) feet in width, or to the lot line if it is less than (10) feet, from the portion of the stmcture facing the street has grades no steeper than ten (10) Proffer F0l111 Liberty Hall T1"eather Hill Developlilelll. LLC. Page 2 6DS' L1 Exhibit A . percent adjacent to possible entrances to dwellings that will not be served by a stairway This graded area also shall extend from the entrances to the driveways or walkways connecting the dwelling to the street i) Any requirement of this proffer may be waived by the Count)' Engineer by submitting a waiver request with the preliminary plat If such a request is made, it shall include (I) a justification for the request contained in a certified engineer's report: (ii) a vicinity map showing a larger street network at a scale no smaller than one (I) inch equals six hundred (600) fecL (iii) ) conceptual Plan at a scale no smaller than one (I) inch equals two hundred (200) feet showll1g surveyed boundaries of the property, (iv) topography of the property at five (5) foot intervals for the property being subdivided and on abutting lands to a distance of one hundred (100) feet from the boundary line or a lesser distance determined to be sufficient by the agent, (v) the locations of streams, stream buffers, steep slopes, Ooodplall1s, known wetlands: and (vi) the proposed layout of streets and lots, unit types, uses, and location of parking, as applicable. In reViewing a waiver request, the County Engineer shall conSIder whether the alternative proposed by the Owner satisfies the purpose of the requirement to be waived to at least an equivalent degree In approvlI1g a waiver, the County Engineer shall find that requiring complIance with the requirement of this condition would not forward the purposes of the Count)!'s Subdivision and Water Protection Ordinances or othemlse serve the public interest: and granting the waiver would not be detrimental:o the public health, safety or welfare, to the orderly development of the Project, and to the land adj acent thereto j) The Owner may request that the Plan be amended at any time All amendments shall be subject to the review and approval by the County Engineer k) In the event that the Count). adopts overlot grading regulations after the date ZMA 2005-00005 is apprO\ed, any requirement of those regulations that is less restrictive than any requirement of Proffer 4 shall supersede the corresponding requirement of this paragraph, subject to:he approval of the Director of the Department of Comlmmity Development . Signature of Owner 0A Marc C powejanagmg Member Weather Hill Development, LLC Contract Purchaser and Agent for Robert L Cross and Jeanne Kerr Cross, current Owners Date March 6. 2006 . Proffer FOIm Libel1y Hall WeaTher Hil/ DeveloplJ/enr. LLe Page 3 BaS 7 I I I I I I I I I I I I I I I I I I I Exhibit B 2/24;2006 LIBERTY HALL Rezoning Application and Code of Development for a Neighborhood Model District Albemarle County, Virginia February 22, 2006 Applicant: WEATHER HILL ~ DEVELOPMENT' Weather Hill Development, LLC 703 East Jefferson Street Charlottesville, Virginia 22902 Prepared by: ..... ,. . tt TIMMONS GROUP Timmons Group 800 East Jefferson Street Charlottesville, Virginia 22902 I I I I I I I I I I I I I I I I I I II TABLE OF CONTENTS INTRODUCTION PROPERTY BACKGROUND AND EXISTING SITE CONDITIONS Figure 1: Regional Context Map Figure 2: Zoning Parcel Map SUMMARY OF PROPOSED LAND USE Figure 3: General Development Plan LAND USE FRAMEWORK Block Descriptions Allowable Uses Setbacks, Build-to lines and Lot Sizes Figure 4: Block Plan TABLE 1: Allowable Uses TABLE 2: Lot and Yard Requirements Development Parameters TABLE 3: Development Parameters Proposed Development TABLE 4: Land Use Summary TABLE 5: Proposed Density Utilities Streets Parking TABLE 6: Street Specifications Stormwater Management Green Space & Amenities TABLE 7: Green Space & Amenities Grading ARCHITECTURAL AND LANDSCAPE STANDARDS Liberty Hall Townhomes A - Elevation Concept Liberty Hall Townhomes B - Elevation Concept 2/24/200(, 3 4 5 6 7 8 9 9 10 10 11 12 13 14 14 14 15 16 17 17 18 19 20 20 21 21 22 26 27 Liberty Hall Commercial - Elevation Concept 28 Guidelines for Tree Preservation 29 COMPLIAN,,*~_ORHOOD MODEL DISTRICT PRINCIPLES _ 30 APPENDIC..".... --. 33 fEe 2 8 100~ CQIIIUITYDI!V&Df1I8ft' Liberty Hall Code of Development Page 2 of 78 I I I I I I I I I I I I I I I I I I I 2/24/2()()6 INTRODUCTION In recognition of the unique character and small-town charm which defines the town of Crozet, Albemarle County had the foresight to develop the Crozet Master Plan, laying out a framework for the future development of Crozet. The Crozet Master Plan was carefully crafted with the goal of preserving natural and historic elements of the community, while allowing harmonious growth in designated areas. The Crozet Master Plan embodies the principles identified in the Neighborhood Model, which strives to establish vibrant neighborhood centers in support of an active, pedestrian-oriented community. Liberty Hall has been designed to implement the vision for Crozet contained in the Crozet Master Plan while employing the principles of development found in the Neighborhood Model. Liberty Hall will be developed as a diverse neighborhood containing a variety of residential and commercial uses on the approximately eight (8) acre site. An existing historic residence located in the center of the site will be preserved and complemented by an adjacent park. This open space element will comprise the neighborhood center, while the existing private residence will provide a link for the community to its architectural and pastoral heritage. New development surrounding the neighborhood center will include single family residences, townhouses and an office building all designed to compatibly coexist. Walkways will be provided throughout the development area, in conjunction with landscaping and other improvements to create an inviting pedestrian environment. These individual design elements of Liberty Hall will result in a livable residential community with opportunities for its residents to work and play in close proximity to their homes. The General Development Plan submitted in conjunction with this Code of Development provides additional technical specifications for the development proposed, and shall be considered an extension of the Code of Development for Liberty Hall. Liberty Hall Code of Development Page 3 of 78 I I I I I I I I I I I I I I I I I I I 2/24/2006 PROPERTY BACKGROUND AND EXISTING SITE CONDITIONS The property involved in this application consists of over 8 acres of land located in the town of Crozet, in western Albemarle County, as shown on Figure 1: Regional Context Map. The property is made up of the following parcels: Parcel number 56-97 A 56-97 (north portion) 56-97 (west portion) 56-97 Al TOTAL SIze 5.09 acres 0.54 acres 0.51 acres 1.87 acres 8.01 acres These specific parcel boundaries are delineated on Figure 2: Zoning Parcel Map. An existing single family residence, located at the center of this property was constructed around 1950 rendering it a valuable historic resource. A sports court accessory to the single family residence is located along the east side of the site. The remainder of the site is vegetated and presently undeveloped. The site slopes up from the street, with a peak elevation occurring approximately at the location of the existing residence. The property directly to the south is occupied by a Masonic Lodge. Plans are currently underway for a supermarket development on the south side of Route 250, to the far south of the subject site. Single family residential development exists to the north, west and east. Clover Lawn, an approved development to the east, is under construction consisting of single family residences and commercial development. This site is also occupied by a biofilter facility. Two cattle ponds exist immediately to the north. 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V a..WzI. . . : om tIl m ::2: 0::: - . .. to I-'W~OI.::lO N ~..-- ~I"') ---- Z ,.,.; OO:::N z8J1"') m <(I,~ to~ . 0'> <( to cb ....J<{ r..... ___ LOWIl{) __ <( 1-' ...-- a...~O:::ai ~ _! ~:( . 1-2~0 \ I (/) 0::: f- W <( Z ....J 3: a... 8 .fgNO'> ~Ov"'--O OZ NN <( I . n.: n.: n.: I"""Z "'--"""'0 /0:::1-1'-1'-1'- LL<(<(tOO'>O'> tOLL-<Ol{)l{) l{)>-gN...--...-- a... 0::: (/) . . . I~O(/)IT!IT!IT! If-O<(OOO I I \ I I \ I ~ ~ <( ::r:: ~ !::il CO - ~ ~~ lS _II tfl- f- <( ....J a... ~ <t:: ::E ~ ~ ~~ ~<t:: a?~ d Z - Z o N E L ri, :) il o .. II: I: " ~~ h cnp Z a o ~~ :E ~. :E - I- I I I I I I I I I I I I I I I I I I I 2/24/2()()6 SUMMARY OF PROPOSED LAND USE The Crozet Master Plan utilizes the concept of transect zones, as defined in the Neighborhood Model, to illustrate the neighborhood village concept envisioned for the future of Crozet. Transect districts relate to levels of density and intensity of use, which 'Nel~ incrementally diminish as distance is ..1 gained from neighborhood centers. The I subject property encompasses land designated CT-3 (edge) and CT-4 (general) by the Crozet Master Plan. General alignment of streets and roads are also identified by the Crozet Master plan, including several which cross the subject property. and to other areas of the community. The proposed project strives to closely adhere to the vision for this property, as articulated by the Crozet Master Plan. Three public streets are planned, in close alignment with the roads laid out by the Crozet Master Plan promoting interconnectivity within the project site A mix of uses is proposed throughout the development, consistent with the Crozet Master Plan. A lot will be created around the existing single family residence to be renovated. Office uses and condominiums are proposed at the south side of the development area, consistent with the CT -4 designation. The remainder of the site is proposed to consist of residential development, consistent with the Crozet Master Plan. Open space is proposed throughout the development area consisting of amenities and green spaces for the use and enjoyment of residents and the general public. Parkways and pedestrian sidewalks will also be part of the open space network. Figure 3: General Development Plan provides a conceptual rendering of the development proposed for Liberty Hall. Liberty Hall Code of Development Page 7 of 711 -,""'/ ~ . 000 0.. 000 ...Ju ...J....J -....J I- ~ o:::Z wUJ ~ Io... . - ~ 1-9 t !~~ <( UJ 0" jll w> 'ihf" w ~~ ~ ~ ~ 0 ~~ ~ . .- _._._m_ ---e;- --$---. ._~--= ~:;:~ ::::'_...:~:=--:.l= ~.:;s.~~59 . j .--+--- __ _------:==~~__:_--~.'=~~-'" '-.--.:...--. +~__+-~.",,_~c-L;~=:_. -., ~.j WO -11..0 c:( II u= (j)...... ~ ~ < ::r:: ~ ~ ~ CO ~ ~ .'w ..-'l -<: ~L 1il / U -s:: ll, -< . 0::- t) ,~ 0 - ." 0 R' ~ ,. (. . ,~ . 5 . . z . ~ . D- ' ~. :) ~ '~ w :J i 0 ~ II: ~ z ~ '~;! :r .:0 " u N - Iu 2 ~ '" <.!.; II) ~- Z .7. 0 Z ~ X .'::;:, T 0 ~ ~ ~ t ;" J: 0 0 0 "X '" ~ ~ J: ,~ "' - ? ... - . ~ ~~ ,CiS A -~ I I I I I I I I I I I I I I I I I I I 2/24/211110 LAND USE FRAMEWORK Liberty Hall has been divided into five blocks, separated by roads and open space. Blocks have been developed to allow a mixture of uses which work together to create a cohesive neighborhood of diversity and interest. Figure 4: Block Plan exhibits the block layout proposed. Block Descriptions The following commentary provides a brief description of the development proposed for each block. Block 1 Block 1 is located at the south side of the development area. A 2-l/2 story building is proposed at the southeast corner of the block. The first floor will allow general professional office uses while residential condominiums will be provided above. Two rows of condominiums are proposed at the north side of Block 1. The first row will have frontage on Road B, with the second row located directly south. Fourteen of these units will consist of three-story structures with two car garages. Garages will be accessed via a private alley located between the two rows of condominiums. The remaining eight units located on the ends of each row of condominiums shall consist of affordable units. All eight end units will share a parking lot with the office building. Green space with amenities will separate the residential and office uses, providing an attractive place for employees and residents to congregate and relax. Block 2 Block 2 shall be located along the east side of the development area. This block allows single family detached residences which front road A. The northern portion of Block 2 will be reserved as an area of green space and amenities with a trailhead to access the Lickinghole Creek greenway. Block 3 Omitted Block 4 Block four will form the core of Liberty Hall. An existing structure will be renovated and resold as a private single family residence, in order to preserve an element of the community's history and culture. Directly north of the existing residence three-story townhouses are proposed with frontage along Road D. Two areas of green space and amenities are also included in this block to provide relief from the density proposed in surrounding blocks. A park is proposed in the northeastern comer of Block 4, where a tot lot and open field for passive recreation will be provided. The southwestern comer of Block 4 will consist of a landscaped pocket park for contemplation and relaxation. Liberty Hall Code of Development Page 9 of 78 I I I I I I I I I I I I I I I I I I I 2/24/2()()(j Block 5 A group of single family detached residences is proposed in Block 5. This block will encompass six single family residential lots. Residences will front Road A with scenic views to the north of adjacent rural areas and the hills beyond. At the north end of Blocks 5 and 6, a park is proposed, providing a large open field for passive recreation. A pedestrian trail around the field may serve as a walking or running path. A gazebo with seating area will be located at the southern end of the park to provide a place for enjoying the scenic views. Block 6 Single family residences and townhouses are proposed for Block 6. These residences will include two car garages with frontage on Road D. The density proposed for this block will provide a gradual transition between Liberty Hall and the existing residential development to the west at Cory Farm. Allowable Uses As directed by the Neighborhood Model, a range of uses is proposed at Liberty Hall. Office and multi-family residential uses are proposed in Block L The remaining blocks allow a variety of residential uses. The specific permitted uses for each block are specified on Table 1. Setbacks, Build-to lines and Lot Sizes Although specific development is proposed for each block, lot and setback dimensions have been established to ensure future development conforms to the vision for Liberty Hall. Allowable residential lot sizes range from 900 to 25,000 sq. ft. with minimum street frontages ranging from 25 ft. to 55 ft. All residences are to be set back from their primary street frontage as specified in Table 2. 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E '" _2 E E (l) (l) u ~ '" .... ,S 2 .- 0... c:; E "3 ~ u u u:: .n u ~ .n --a .n --a '" .... .... E a.> .t: (l) 0 0 u u 0 ::> (l) '" ::> ~ ::> ~ '" 0 QJ (l) 0 Cfl '" ::;:s ~ ::r:: ::r:: ~ ~ ~ U3 .t: 0... '" ~ '" E ~ if} j.::: ~ -... -... <:::: ...:: <f) 'U l-.. 'U ...:: "'3 'U ...... .~ -... ...... o ;;: 'U l-.. <:::: ::.:; .... ~ '" .-.. '" t.<; '" Q.. ..... ;::: ~ =: l::l.. <:) - ~ - ~ 0:: ~ :t:~ .e>~ ~ ~ 1::~ ... <:) ...:lC,,) . otan ar eouuemen s . Minimum Allowable Front Additional Build-To Side Rear Block Lots/ Lot lot size Line/ Setbacks Setback Setback Number uni ts Frontage range Setbacks 1 (ft.) (ft.) Regulations for (ft.) (sq. ft.) (ft) Corner Lots 2 1 ALL nja nja nja nja nja nja 14-22 ft. Structures shall be 2 ALL 50 4,000 - from Road 7-15 15 - 45 setback a minimum 10,000 of 7 ft. from the A RO.W. of Road B. 3 OMITTED 14-22 ft. Structures shall be set 1 25 1,500 - from Road 0-15 15 - 45 back a minimum of 7 5,000 ft. from the RO.W. of D Road A. 4 2-7 25 1,500 - 14-22 0-15 15 - 45 nja 3,000 14-22 ft. Structures shall be set 8 50 10,000 - from Road 5 -15 15 - 45 back a minimum of 25,000 20 ft. from the RO.W. B of Road A. 1-5 50 4,000 - 14-22 7 -15 20 - 45 nja 10,000 5 14-22 ft. Structures shall be set 6 50 4,000 - from Road 7-15 20 - 45 back a minimum of 7 10,000 ft. from the RO.W. of A Road D 1-6 25 1,500 - 14-22 0-15 15 - 45 nja 3,000 1,500 - 14-22 ft. 7-9 50 from Road 0-15 15 - 45 nja 6 3,000 D 14-22 ft. Structures shall be set 10 50 4,000 - from Road 7 -15 15 - 45 back a minimum of 7 10,000 ft. from the RO.W. of D Road B. I I TABLE2 L dY dR t I I I I I I I I I I I I I Garages shall be subject to a minimum front build-to line of 18 ft. along the street parallel to garage doors. 2 Additional setbacks may be required for site distance Note: Minimum distance between building and right of way is the setback. Maximum distance is the build-to line. Buildings may be placed anywhere within the range shown Exceptions: aJ Lots adjacent to open space may reduce their minimum setback, along the side abutting open space, by two feet. b) Covered porches, balconies, chimneys, eaves and like architectural features may project not more than four (4) feet into any required yard. I I I I Liberty Hall Code of Development Page 13 of 78 I 2/24/211116 I I I I I I I I I I I I I I I I I I I 2/24/211110 Development Parameters Additional zoning constraints have been established to further ensure harmonious development. The maximum height allowed at any location in Liberty Hall is 35 ft., with 2.5 to 3 stories permitted in all blocks. Residential building footprints may not exceed 60% of their lot sizes, with non-residential structures permitted to cover up to 80% of their respective lots. Specific development parameters are outlined in Table 3. All terms referenced in the table shall be consistent with the definitions contained in Chapter 18 of the Albemarle County Code. TABLE 3: Develo{Jment Parameters Maximum number of stories Maximum Building height Maximum lot coverage (%) Block Non- Non- Non- Number Residential Residential Residential Residential Residential Residential 1 3 3 35 35 40 60 2 2.5 n/a 35 n/a 40 n/a 3 NOT USED 4 3 n/a 35 n/a 40 n/a 5 2.5 n/a 35 n/a 40 n/a 6 3 n/a 35 n/a 40 n/a Proposed Development The Crozet Master Plan identifies maximum residential densities for each transect district. The General (CT-4) district is recommended to include residential densities no greater than 18 dwelling units per acre in a mixed-use setting, while the edge (CT-3) district should provide residential development up to 6.5 dwelling units per acre. Individual blocks have been set up at Liberty Hall to adhere to these recommended densities. Table 5 provides a summary of the densities proposed for each block as they relate to the prescribed densities in the Crozet Master Plan. Fifty-three units are proposed at Liberty Hall, resulting in an overall gross density of 6.6 dwelling units per acre, based on gross land area. Blocks range in size from just over one acre to just over two acres. The land use breakdown for each block is detailed on Table 4. Liberty Hall Code of Development Page 14 of 78 I I 'C :::0 :::0 ~ '>- ~ I '" I I I I I "'" eI: E E = I rJJ <I) '" ;;l "0 I = eI: ~ ~ I ~ ~ = < f-; I I I I I I I I ... 0 0 0 0 0 0 0 u. 0 0 0 0 0 ~ ..J l!")_ l!") 0_ <D N <( C- <D <D "<:t l!") <D CO l!") ..... 00 l!") or- C0 N N 0r- a ..... c..i 0 co co 0"> 0 "<:t C0 C0 I'-- l!") <D <D <( 0r- a 0 0 0 C0 III ... 0 0 - u. 0 0 .2 co 0 0 0 0 ~ C) C- or- 0r- e: 00 or- or- .:.:. L- eu c..i I'-- 0 0 0 0 I'-- a.. 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(fJ S ;::l .2 's o '"d ~ o u t'-... N aJ ...c: +' ...... o .... :0::: ~ ~ ~ c - - ~ _ t:> ~ ~ ::t;:Cl .c>~ lo.. ~ 1;"':::: .... C ....;jU ...... I I I I I I I I I I I I I I I I I I I 2/24/2IJIJ6 INFRASTRUCTURE The development of Liberty Hall includes the construction of all infrastructure elements necessary for the development. Utilities Water and sanitary sewer facilities are planned to service the entire development. Preliminary alignments are provided within the General Development Plan. Engineered plans will be submitted to the Albemarle County Service Authority (ACSA) subsequent to the approval of the rezoning application. All utility plans are subject to the approval of ACSA. Streets Three public streets and one private street are proposed within Liberty Hall. These thoroughfares have been designed to implement the street pattern laid out in the Crozet Master Plan. Typical street sections are provided in the General Development Plan, specifying pavement, travel lane and right-of-way widths. All public streets have a 25 mph design speed with parking allowed on one side of most streets. Sidewalks and planting strips are provided on both sides of most streets. Table 6 summarizes the design parameters applicable to each street proposed. The following discussion explains the character of each street. Road A: An existing gravel road will be improved to create Road A. Road A will serve as the sole entrance to Liberty Hall at this time, until future road connections are constructed. The south end of Road A at Route 250 will consist of a northbound entrance lane, a southbound left turn lane and a southbound right turn lane. The road will taper to a two lane road width at its intersection with Road B. As it approaches the end of Block 4, Road A will curve to the west, providing frontage for the units in Block 5. Existing residences to the north of the site will be accessed from a driveway entrance on Road A. This road will terminate at its intersection with Road D and allow parking on one side. The specific alignment of Road A is provided in the General Development Plan. Road B: Road B will provide an east-west thoroughfare to connect Liberty Hall to adjacent properties. It will intersect Roads D and A, consistent with the Crozet Master Plan. Sidewalks and planting strips shall be provided along both sides of the road. Road C: NOT USED Road D: Road D is proposed parallel to the west boundary of the subject property. It will connect Road B to the northwestern end of Road A, and terminate at the open space parcel proposed at the north end of the property. Sidewalks and street trees shall be Liberty Hall Code of Development Page 17 of 78 I I I I I I I I I I I I I I I I I I I 2/24/2IJIJ6 provided on both sides of the road. Right of way shall be reserved as shown on the General Development Plan to provide an opportunity for future potential development of the parcel to the north to connect to Road D at Liberty Hall without disturbing the existing ponds. Road E: Road E is a private street that will serve as access to the parking garages for the condominium units in Block 1. No parking is permitted on this private road. Sidewalks and street trees will create attractive streetscapes, encouraging pedestrian mobility throughout the development. Street sections are provided in the General Development Plan. Parking Effort has been made to relegate off-street parking within garages and behind buildings, as directed by the Neighborhood Model. Single family residences and townhouses will include two-car garages. Fourteen of the condominiums in Block 1 will also include two-car garages while the remaining units will share a parking lot with the adjacent office building. On-street parking will be provided on one side of most public streets to accommodate additional parking demands. The 35 space surface parking lot located in Block one will provide adequate parking for the 8,500 sq. ft. office building during weekday working hours. This lot, in addition to on-street parking, will provide ample parking to serve the condominiums, with additional spaces for visitors to the condominiums during non-working hours. Parking calculations for all blocks are provided in the appendix. Liberty Hall Code of Development Page 18 of 78 I I I I I I I I I I I I I I I I I I I 'C ::0 ~ '" ~ '" III o c: ~ 0 0.- ..,u '" Cl> ocn 0:: ..0 c: ~ .., ~~/}. 3:;: O~ 0::3: = c: '" 0 ;t:;:; Cl> '" .., u ._ 0 cn- Cl> ~~.s Ulm-c .S ;t ~ ~ Cl C:'= a.:5 "i: "C ~~iii~ D.. ~ s:: o ..... ... tIS u ..... '+-4 ..... u QJ 2.0; ..o~'" '- ~ .- ::I U 3: o c: .!!! .., Cl> ~ Cl c: Cl> ..c: ~ ~ ~ ~ ~-'3: rJj ... 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'" III - OJ ;: N '" N .1.1 :a ~ c-gc:c Q) ro Q; .Q Q)<(U;~ ~ -g ~ 'EO .o&~~ 8pr!O~ ~ ~ f- a <:: o ~ '" o II:: ~ ~ lii "l: ~~-g '" 0 co o a:: a:: co in o '" III - OJ ;: N '" N ,2 :a ~ -., <:: <:: '" ~"l: - -., '" co 0 a:: apr!O~ <( in ~ '" U) - OJ ;: N '" N ,2 :a ~ <:: <:: Q; 0 ",,- _ <II ... <:: 0'_ <:: EO '" ... ~~ (9 in f- Z i-Ll o:i~ 0:::0.... ::JO U......l i-Lli-Ll :r:> f-i-Ll f-L.O O......l i-Ll<( uO::: <(i-Ll f-L.Z i-Ll i-LlC) :r:i-Ll f-:r: Of- f-f-L. i-Ll0 Z"'" <(i-Ll ......lo::: ......l::J i-LlC) >- <(f-L. O:::i-Ll f-i-Ll i-Llw :r: . f-~ f-L.3: 00 i-Ll<( C) 0 . @o:::~ i-Lli-Ll3: :r::r:O E-<E-<<( ~f-L.O 000::: o:::i-Lli-Ll f-L.9:r: OWE-< i-Ll0:::f-L. 0:::i-Ll0 ::J:r:Z wE-< 0 <(~- i-LlZE-< ~O~ ~w~ :r:i-LlW E-<~w 0<(0 _>0::: 3:p-'~ i-Ll~i-Ll ZE-<......l <(w- ......lC)<( C)Z~ Z-O _E-< ~Zo:: 0:::<(0 <(......If-L. P_dl.. Z i-Lli-Ll<( :r::r:......l E-<E-<P-. ..... :::: ~ l-.. - '" ;: N '" it ~rlN IU .... ~ 0 ."Z o a:: I I I I I I I I I I I I I I I I I I I 2i24/2IJIJfJ Stormwater Management Runoff for all parcels will be directed to adjacent streets, bound by concrete curb and gutter. A portion of Block 1, and a portion of Radford Lane will drain to an existing biofilter facility located on the parcel immediately to the east. The applicant will either contribute to improvements to this facility so that it accommodates the runoff from the subject development, in addition to the runoff generated by the adjacent lot, or install a Filterra system and underground detention on-site to achieve water quality requirements for that portion of the site draining toward Route 250. Stormwater treatment and attenuation is required for this portion of the site. The remainder of the site will drain to an underground detention system located at the northwestern corner of the property, and will eventually outfall to the existing channel located below the two existing farm ponds. The lower pond will be removed. Stormwater treatment is not required for this portion of the site, however attenuation is required. Green Space & Amenities Green space is planned throughout Liberty Hall to retain the scenic character of the land and provide recreational opportunities for its residents. Over 20% of the site will be dedicated to green space areas including passive parks, planting strips and passive recreational areas, as represented in Table 7. All roads include planting areas behind the curbs, to provide street trees and landscaping. At least 20% of the project area will be dedicated to amenities. Green space surrounding the condominiums in Block 1 will include landscaping, walking paths and a pedestrian plaza with picnic tables to provide an amenity for the residents and employees within this block. An area of green space located just north of lot 3 in Block 2 will be preserved as an amenity. Benches will be located at the top of the slope for residents to enjoy the natural view. A trail head will provide access to the Lickinghole Creek greenway. A park is proposed at the center of the development within Block 4. Existing trees will be complemented by landscaping, lawn and benches. A playground or tot lot will be provided for children. The park will serve as the focal point for the community, providing a meeting place for residents to congregate and recreate. At the north end of the site an open field will be provided. A covered structure at the top of the slope will overlook the views to the north. These various pockets of amenities will provide destinations for pedestrian activity and recreation at Liberty Hall. Liberty Hall Code of Development Page 20 of 78 I I I I I I I I I I I I I I I I I I I 2/24/2()()fJ TABLE 7: Green Space & Amenities Block Total acreage (acres) Minimum Green space Minimum Amenities acreage percent acreage percent 1 1.99 0.67 33.7% 0.40 20.1% 2 1.23 0.55 44.7% 0.55 44.7% 3 NOT USED 4 1.78 0.40 22.5% 0.40 22.5% 5 1.41 0.14 9.9% 0.14 9.9% 6 1.60 0.42 26.3% 0.42 26.3% TOTAL 8.01 2.18 27.2% 1.91 23.8% Grading Liberty Hall has been designed to respect the existing topography to the extent possible. Minimal grading is proposed to accommodate improvements and ensure proper drainage. The new park at the center of the project has been sited such that it takes advantage of the existing relatively level yard area to the north of the existing residence, minimizing the amount of grading needed to accommodate this amenity. Development has been carefully designed to avoid areas of critical slopes. Minimal impacts to critical slopes are proposed only to accommodate essential public roads. No other critical slopes will be disturbed as a result of this project. Preliminary grading is provided in the General Development Plan. Liberty Hall Code of Development Page 21 of 78 I I I I I I I I I I I I I I I I I I I 2/24/200(, ARCHITECTURAL AND LANDSCAPE STANDARDS The following regulations and development guidelines will be applied to the buildings and lots in Liberty Hall. The guidelines are intended to produce a development that exudes variety while maintaining a degree of consistency that ties the entire development together in a pleasing and well-orchestrated manner. In the event that a conflict exists between these standards and requirements and any applicable state or local codes, the codes shall take precedence. The Liberty Hall Architecture Review Committee will approve detailed architectural standards based on the Code of Development prior to submission to the County to ensure compliance with the Code of Development. Prior to recordation ofthe covenants and restrictions, they should be submitted to the Director of Planning for review to ensure compliance with the Code of Development. The Developer shall establish the Liberty Hall Architecture Review Committee prior to the issuance of the first building permit in order to enforce the Code of Development's architectural and landscape standards set forth herein. A certificate of approval from the Liberty Hall Architecture Review Committee must be submitted at the time of building permit application. Form, Massing and Proportion of Structure · All single-family detached residences shall have a formal porch facing the street or pedestrian courtyard. Townhouses entries shall be covered where dimensions and logistics permit. · All first floors, (not basements) shall be a minimum of9-ft ceiling height. · Garages on the single-family lots shall be recessed from the minimum front setback. Shared driveways on these lots will be permitted. · The roof form of the front condominium building shall consist of two or three hipped forms. · Garage doors facing the street shall include articulation and detail to reduce the apparent mass. Materials and Color · Exterior siding shall consist of painted horizontal or board and batten-patterned wood or Hardiplank, brick, stucco, or stone. Vinyl siding is not permitted. · All materials and exterior colors shall be submitted and approved by the Liberty Hall Architectural Review Committee. The Committee shall approve treatments consistent with the architectural style selected and compatible with the surrounding structures. · One trim color shall be used throughout the structure. Siding colors shall be earth tones, as determined by the Liberty Hall Architecture Committee; white is not acceptable. · Roof materials shall be limited to architectural dimensional shingles, tile, standing seam copper or metal. In all cases roof colors will be muted, darker tones with low or no reflectivity. · Exposed foundation areas shall be finished with stone, brick, or stucco. Liberty Hall Code of Development Page 22 of 78 I I I I I I I I I I I I I I I I I I I 2/24/2IJIJ6 Roof Pitch and Form · Minimum roof pitch for main roof areas shall be 6: 12 for gable end structures. Lower pitches of 5: 12 or 4: 12 may be permitted if a hip roof is employed and the design warrants it. · Dormer roofs shall match the pitch of the principal roof. · Shed roof dormers may use pitches one half of the main roof. · With the exception of comer lots, ridgeIines of the main structure shall be parallel or perpendicular to the street. Architectural Style and Ornamentation · While not wishing to dictate a specific architectural style, certain exterior elements should be utilized to provide a blended architectural context. Please see Fas:ade Treatments below. · All architectural styles which comply with the architectural regulations contained herein shall be permitted at Liberty Hall. · Architecture of condominiums in Block 1 shall be in general accord with the renderings labeled "Liberty Hall Townhomes A" and "Liberty Hall Townhomes B." The architecture of the mixed use building in Block 1 shall be in general accord with the rendering labeled "Liberty Hall Commercial." Fa~ade Treatments (including window and door openings) · On houses with siding, window and door trim, and comer boards, trim material shall be 5/4" thick by a minimum of 4" wide painted wood, Miratec, or equivalent. This shall apply to all exterior facades. · Shutters, where used, must be half the width of the window in size. No shutters will be allowed on "twin windows" without specific approval of the Liberty Hall Architectural Review Committee. · All components (with the exception ofthe floor material itself) used to construct porches and decks will be painted. This includes support columns, lattice work, bands, railings, and pickets. Streetscape Treatments · At the entrance to Liberty Hall from Route 250 and along the length of Radford Lane to its intersection with Road B, a 3 or 4-board fence shall be installed. The fence shall be painted black or brown. · Front porches for townhouses shall be a minimum depth of 5 feet. · Porch sections on single-family homes which face a road shall have a minimum depth of 7 feet. · Sidewalks serving individual units will be concrete or brick. · In the case of driveway entrances, the area between the gutter line of the street and the roadside edge of the public sidewalk shall be concrete unless VDOT approves, and the developer chooses to install brick paving. Sidewalks adjoining parking lots serving townhouses may be asphalt, exposed aggregate concrete or conventional concrete. Driveways to townhouses with garages may also be of the same materials, but stamped concrete is also permitted in these applications. Where individual driveways occur, the developer will establish the material and installation method to be used for all driveways within a particular development block. Liberty Hall Code of Development Page 23 of 78 I I I I I I I I I I I I I I I I I I I 2/24/2()()(j . Private drives for the single-family detached lots may utilize brick, asphalt, masonry pavers, or solid stone. Gravel shall not be used except during construction. . All streets and parking lots shall be paved with asphalt. . Driveways for the townhouse clusters shall be consistent as illustrated on the General Development Plan. Any changes to driveway entrance configurations shall be approved by VDOT prior to installation. . I f shared, costs for driveway installation and maintenance shall be shared equally by the two adjoining land owners. Owners shall not use any shared driveway in any manner that inhibits use of the driveway by either owner. Guests visiting either owner shall be encouraged to park on the street. Lighting Treatments . All exterior lighting shall comply with County ordinances. . Fixtures shall not be shoe-box in character. Landscape Treatments . All street tree plantings shall be a minimum 2.5" to 3" in caliper according to the American Nurseryman's Association criteria. Installation of each species shall be performed at the appropriate times of the year. In general, trees shall be evenly spaced 30' to 40' on-center and located 3' from the back of the curb. Tree spacing shall be flexible to accommodate driveway locations. Uniformity in tree spacing shall be maintained as much as possible, but may differ, on each individual street. · Street tree branching shall be regularly maintained by the Homeowner's Association to ensure clear sight lines along the street and sidewalk and from each intersection. Branching shall not begin less than 5' from the adjacent ground surface and a minimum ofT of head clearance shall be maintained on all public sidewalks. · Street trees shall not be cut down for any reason unless the tree(s) are identified as being unhealthy, dead or dying by a certified state arborist. In the event a street tree is removed, it shall be replaced by a tree ofthe same species, a minimum 2.5" to 3" in caliper, according to the American Nurseryman's Association criteria, at the expense ofthe Homeowner's Association. Only at the approval of the Homeowner's Association can a substitute tree(s) species be installed. · Trees located in front yards or in view from the street shall not be cut down by homeowners unless they are dead. In the case of suspected poor health or infestation, a certified state arborist shall issue a letter to the Homeowner's Association recommending that the tree be removed. In the event a tree is removed, the owner, at his/her expense, shall install a replacement tree no less than 2" in caliper for a deciduous tree and 6' to 8' in height for an evergreen tree. Homeowners are encouraged to plant their yards with a variety of vegetative species, preferably those native to the area. · Shrubs shall be used to visually buffer parking lots from public streets. Shrubs shall be a minimum of24" in height at the time of planting. Evergreen shrubs are preferred for these installations. · Supplemental plantings on individual lots are encouraged, particularly within the front yard area to soften the appearance of the building facades. Combinations of the various types of Liberty Hall Code of Development Page 24 of 78 I 2/24/200(, I I I plant material (evergreen and deciduous trees and shrubs) as well as native plantings are encouraged. I I I I I I I I I I I I I I I Liberty Hall Code of Development Page 25 of 78 ~ rn ~ ~ o ~ z ~~ ~ o~ u~ :;: ~>z E-<O ,~ u ~o Z . ,u 0 1-4~- ~i-:l~ ~~~ :I:S~ ~~ ~~ ~ ~ ~ ~ ~ ~ ~ -Er~ 3~ II Cr I \ I ~~ ( "'" 1 I (." l t ~ , \ ~(( ( ,'( \ '~ ." ~ .'- (/" (:, ( l _. (' . /"" ( r-- \~ ( \ r( (- (I ! -, ./\ (" , 'le ("- \. " - ( '( (l' ~ r- ( \ l .f ,C t. jt (- ,- \, ~ .,,( ~ ( \ ( r-C \ \'. ( )- \1 l( I ~ l ;( \C (' ( / .f~ \, ( (,(0 (. ( . p \ (, ( ( '0-~ ' ( ,[l-\ ,~~ \ ~.. ('\~ . "(~' ..... (" __ . ~. .,)\ ~ \~ . .J(. . \.,. {-~-." :<1 ~ ,t<< (' .v:r "it ' f \ ~l l; ( '. ~ '- ( / c (}t.>xlii '( '" _(,.v- (~\( l",;, 1 (,( ~ "~ 1 (, ~~\< \(' \( , '~ \j 'If'- 7" ~ ( I \.. c' r-L \.1 (~I I \. \. I ~ I :"- I ,01 ~ i j-'~ L,r ~j i o '--z:1 i 01 , I L) ; '-c'.j Q --,I , I I ::-..1 ,uil, ,I - I -.\1 . ~-II I I ~ I ~, t-i I -z.-I "I ~ 01 -. ,.d -< " lL I. ~ II ~I ~ o = z! >~ ~ ;;>..... ~ o~ ~ >7 ~>o ~u ~5 z uO ~~ - ~,~ ~ ~> =~ :3 ~~ ~< ! ~I Q:;! ~i ~ t-i ~ 'I " .' !J: -'u -'~ I-~ ~z WW I~ 1-0 4:a1 w> 3:~ ~ Q ~ o .. g 1 }~~ ~ e -~ii ~~m ::J~ i:~ ~_~ 0=:2 o_! . ~~ -1 gi~ 1-0 J?o j~J <(~ :'Ie!l! w~ o~ g ~ ?;~ '5~ ~ ~ I I I I I I I I I I I I I I I I I I I 2/24/211116 Guidelines for Tree Preservation Existing trees to be maintained are identified on Figure 5 of the General Development Plan. The existing woodland and hedgerow shall be preserved. Trees located within open space areas shall be preserved, as well as those surrounding the existing single family residence at the center of the property. Upon final grading of the development, preservation measures shall be administered to trees to be maintained, with particular preservation effort directed toward trees with trunk diameters greater than 18 inches at breast height. Wooded areas to remain shall be fenced off from construction activity with portable chain link fencing no closer than five (5) feet to the trunk. During the course of final grading, if it becomes necessary to fill within the canopy limits of existing trees, such fills shall not exceed depths greater than six (6) inches to ensure continued saturation of the existing root mat. Prior to grading around the trees, all vegetation shall be stripped from the fill areas and fertilizer shall be applied. Should it become necessary to cut within the canopy limits, all disturbed roots shall be protected from exposure to the air. The crown leaf surface shall be proportionately reduced to balance the reduced root system. The trees shall be fertilized upon completion of grading activities in the area. Any damaged portions of trees within wooded areas to be maintained shall be immediately addressed to promote expedient recovery. Further measures for tree protection are outlined in chapter 3.38 of the Virginia Erosion and Sediment Control Handbook, which is found in the Appendix. Recommended Plant List See recommended plant list in the appendix. Liberty Hall Code of Development Page 29 of 78 I I I I I I I I I I I I I I I I I I I 2/24/200ti COMPLIANCE WITH THE NEIGHBORHOOD MODEL DISTRICT PRINCIPLES The Neighborhood Model, created by Albemarle County, sets forth twelve principles for development, intended to foster the development of attractive, livable neighborhoods where various uses are intermingled and pedestrian accessibility is paramount. The applicant is proud to embrace these principles in the development of Liberty Hall. The following is an explanation of the project's conformity with the Neighborhood Model District principles. Principle 1. Accommodate walkers, bikers, and public transportation so that mobility can be a reality for the elderly, the young, and those with limited access to automobiles. Liberty Hall has been designed with a mind toward pedestrian accessibility. A network of sidewalks is proposed throughout Liberty Hall, linking all blocks and roads to one another. Planting strips and street trees will be provided along every sidewalk, to ensure the pedestrian experience is optimal. The Center of Liberty Hall includes a park as a pedestrian destination. Principle 2. Make open space integral to overall design so that residents and workers can walk to a public park, experience preserved natural areas, and enjoy public gathering places. Open space penneates the development at Liberty Hall. A passive park will be improved at the center of the development, adjacent to the existing residence. This park will provide a meeting place within minutes of walking distance from any place within the development. A second open space parcel is proposed at the end of Road 0, consisting of a gazebo, walking/running trail and open field. This open space area will provide an opportuni ty for residents to appreciate the natural beauty and enjoy scenic views. Open space will also be provided by means of planting strips along every street to soften the view of constructed improvements. Principle 3. Keep buildings and spaces at a human scale so that street views are attractive and pedestrian friendly. All structures proposed at Liberty Hall will be less than 35 feet in height and set back adequately from the street to provide a comfortable pedestrian environment. Principle 4. Incorporate varying densities and gradually allow for an overall increase in density in the Development Areas to meet the goals of the Comprehensive Plan. Liberty Hall employs a variety of housing types with varying density levels. In confonnance with the Crozet Master Plan, the development area allows densities ranging from 4.5 o Ujacre to 18 0 Ujacre. Liberty Hall Code of Development Page 30 of 78 I I I I I I I I I I I I I I I I I I I 2/24/211I1n Principle 5. Contain a mixture of residential and non-residential uses so residents have convenient access to work, to services, and to entertainment. Liberty Hall is optimally situated at a central location in Crozet with easy access to a variety of non-residential land uses. Residential uses ranging from single family residences to townhouses are proposed in conjunction with a two-story mixed use building within Block 1. Plans for a supermarket development are undenvay for the property on the south side of Route 250. The development of Old Trail Village is also undenvay less than a mile away, which will include a variety of employment opportunities, services and entertainment. Principle 6. Require interconnected streets within developments and between developments so that pedestrians can walk easily to many destinations, traffic has alternative routes, and car trips are reduced in number and length. Liberty Hall provides a complete network of roads with opportunities for future connections, consistent with the Crozet Master Plan. Adjacent driveways and parking lots are connected to proposed roads, and pedestrian access is provided throughout the development. Principle 7. Move off-street parking out of sight and encourage on-street parking. Relegated parking has been implemented throughout Liberty Hall. Single family residences and most townhouses include two-car garages. Condominiums in Block 1 are accessed via a private driveway parallel to Road B. Fourteen of the condominiums in Block 1 and the multi-use building proposed will utilize a parking lot situated behind the respective buildings it serves. On-street parking is pennitted on one side of most public streets. Principle 8. Mix housing types and markets so that the full range of housing choices is offered within the neighborhood. Liberty Hall will provide a range of housing opportunities from single family residences to affordable fore-sale condominium units, within walking distance from one another. Principle 9. Emphasize re-use of sites. An existing residence considered historically valuable, will be remodeled and restored, becoming an integral part of the character of Liberty Hall. Principle 10. Adapt development to site terrain so that natural topography can be preserved. The applicant has employed the philosophy that /I design shall conform to the land./1 Streets and structures have been designed to follow the natural contours of the land, thereby minimizing grading and preserving the scenic character. Liberty Hall Code of Development Page 31 of 78 I I I I I I I I I I I I I I I I I I I 2i24i200n Principle 11. Maintain a clear boundary between Development Areas and Rural Areas. Liberty Hall encompasses property fully within the Development Area for Crozet. Principle 12. Provide for neighborhoods to have a designated center to bring diverse and continuous activity to a neighborhood. The focal point of Liberty Hall will be its neighborhood center, comprised of a public park. The existing historic private residence located adjacent to the park, will add character and diversity to the community. These complementary features will provide a distinct identity to Liberty Hall. Liberty Hall Code of Development Page 32 of 78 I I I I I I I I I I I I I I I I I I I 2/24/2(}(}(j APPENDICES Liberty Hall Code of Development Page 33 of 78 I 2/24/211I1n I PARKING CALCULATIONS I BLOCK 1 Note: shared parking is proposed between the office building and residential condominiums, as I authorized by 4.12.10. PARKING DEMAND I Office Buildinz Analvsis Albemarle County Code 4.12.6 Offices. business. administrative and professional (including medical offices bUlnot delllal clinics): One (I) space per two hundred (200) square feet of net otlice floor area. The term "netol1ice 1100r area" shall be deemed to be: (I) eighty (80) percent of the gross floor area; or I (2) at the request of the applicant. the actual net otTice /loor area as shown on 1100r plans submitted by the applicant. delineating the actual net ol1ice /loor area. which plans shall be binding as to the maximum net /loor area used. Albemarle County Code 4.12.6 I Multifamilv units. including duplexes. singlefami(v attached. and townhouses. but excluding student suites: Number of Parking Bedrooms/Unit Spaces/Unit Any unit of 500 square feet or less 1.25 One ( I) bedroom 1.50 I Two (2) or more bedrooms 2.00 In addition. if parking is provided on individual lots. such as for duplexes and single family attached townhouses. rather than in lots or bays that are shared by all units in the development. then one (I) guest space per four (4) units shall be provided. I BLOCK 1 - PARKING DEMAND BLOCK 1 - PARKING SUPPLY UNIT PARKING # REQUIRED LOCATION OF PARKING #OF ON SITE? BEDROOMS PARKING SPACES I 1 NO 1 1.5 UNIT 3 2 2 NO 1 1.5 UNIT 4 2 3 YES 2 2.25 UNIT 5 2 4 YES 2 2.25 UNIT 6 2 5 YES 2 2.25 UNIT 7 2 I 6 YES 2 2.25 UNIT 8 2 7 YES 2 2.25 UNIT 9 2 8 YES 2 2.25 UNIT 14 2 9 YES 2 2.25 UNIT 15 2 I 10 NO 1 1.5 UNIT 16 2 11 NO 1 1.5 UNIT 17 2 12 NO 1 1.5 UNIT 18 2 13 NO 1 1.5 UNIT 19 2 14 YES 2 2.25 UNIT 20 2 I 15 YES 2 2.25 PARKING LOT 35 16 YES 2 2.25 ROAD B 11 17 YES 2 2.25 ROAD A 4 18 YES 2 2.25 TOTAL 78 I 19 YES 2 2.25 20 YES 2 2.25 21 NO 1 1.5 22 NO 1 1.5 I OFFICE NO N/A 34 BLDG 23 NO 2 2 24 NO 2 2 25 NO 2 2 I 26 NO 2 2 27 NO 2 2 TOTAL 87.5 I SHARED PARKING: (88-78)/88 = 11.4% -+CONCLUSION: ADEQUATE PARKING PROVIDED I Liberty Hall Code of Development Page 34 of 78 I I I I I I I I I I I I I I I I I I I I 2/24/2006 BLOCK 2 Proposed: Two single family detached residences with two-car garages. Adequate on-site parking provided -+CONCLUSION: ADEQUATE PARKING PROVIDED BLOCK 3 - omitted BLOCK 4 Proposed: 7 two-bedroom townhouse units with two-car garages I single family detached residence with two-car garage Total parking required (off-street & on-street) = 7 townhouse units (2.25 spaces! unit) = 15.75 spaces I SF = 2 spaces TOTAL = 17.75 spaces Garage parking provided = 8 units (2 spaces! unit) = 16 spaces Net on-street parking needed = 1 7.75 spaces - 16 spaces = 1.75 spaces On-street parking provided on Road A adjacent to Block 4 = 12 spaces -+CONCLUSION: ADEQUATE PARKING PROVIDED BLOCK 5 Proposed: 6 single-family units with two-car garages Adequate on-site parking provided. -+CONCLUSION: ADEQUATE PARKING PROVIDED BLOCK 6 Proposed: 6 two-bedroom townhouse units with two-car garages 4 single family detached residence with two-car garage Total parking required (off-street & on-street) = 6 townhouse units (2.25 spaces! unit) = 13.5 spaces 4 SF = 8 spaces TOTAL = 21.5 Garage parking provided = 10 units (2 spaces! unit) = 20 spaces Net on-street parking needed = 21.5 spaces - 20 spaces = 1.5 spaces On-street parking provided on Road D adjacent to Block 6 = 2 spaces -+CONCLUSION: ADEQUATE PARKING PROVIDED Liberty Hall Code of Development Page 35 of 78 I I I CQNTRACT PlJRCJlA.SERS~GI'iA.T:U~ I I I I I I I I I I I I I I I I County of AI~elllarle COIl$etvation Plan Checklis~ - To be placed on Landscape PlanS (Handbook, pp ill-284-1U-297 for cOlllplete specifications) 1, The followln~ ltentsshaU be shown on the plan: o Tre~ to be saved; o Limits ofc1earing(outside driplineoftreestobe saved); o LOoatiott and type ofprQtecti,vefencing; o Grade cbanges.requiring tree wells orwaUs; o Proposed trenching ort\l.tm.eling beyond the limits of clearing. z. Markfn~s: o All trees tOQesaVed,shallbettWked with print orribbOh ata height dearly viSible to eqUipmentopefator$. o No gradingshal.l begin until the tree marking has been inspected and approved by a County Inspector. 3. Pre-ConstrUCtJon Conference: o TreepreselVat10n and protection measures shall be reviewed with the contractor on site. 4. EQ..uIDment O~erationapdStora~: o Heavy eqUipment; vehiCUlar fulflic and storage ofOOnstructionh1ll.terlalsincluding sOil.shaUttofbepertnitted withitt1b:e drip Jines of trees to Qesaved. . 5. slm Erosion.rid Stot.tllWIIUrDetentloriDe\'1ce.: o 5uchdevices.sball notadverselyaffecttrees to be saved. 6. Fires: o FfresarenotP<<mitted within 100 feetofthedripline of trees tOQe saved. 7; TOxic Matetlals: O. TOxlcntaterials shall not be stored within 100 feetof1he driplineoftreesto Qe saved. 8. Protective FencliW:: o Trees to be retained within 40 feet ofa proposed building or~ngacllvity shall be protected byfenci.ng. o Fen.Cin&._haUbflm Pl~lI11dSlWl.QeinspectedandapptPve<.rbyaOo~Jy~pept9r1friQttQ gtaQirtg otwtu!fnlcti,on.. 9. l'reeWells: o Whli:it th.e:8t()~dlevel IIl,ti$tl:>efl\i~e4 Within th.e driPlitleQ(a, tree tobesJ1'1ted,~treeWcllllMUbeprQVi4ea.lI114.1l Qo1'lllfnlctiQIi,detllil subrtlitted (ot approVal, 10. Tree Walls: o When'th.ei~undlevel1'IDl$t~l(>w:~withitlthe dtipline Il~ee tPl:>esa.ved,!!tr~ \\1W shl;11t hi: pwVided;Br1d ~c<>ljjtttictiondetaU submitted fOtappl'oval, Jl.'trenchln~andTunnenn~: o Wb,en~ttclJWg i~req~Wi~ tlie1iIIl,its.ot'cleai4Jg,it $l@1 be doneasfata.wa.ytr()Jjtthe~()f"t:rel:S~l'QSjlibl~. T~elii;ig underAilargelree $ball be considered as 'an lilternative when it is anticipatedtbat necessary trenching will destroyfeeder roots. U. Cleanup: o Prote<:tivefencing shall be thelast items. removed during the finafcleanup. 13. Dama!!ed Trees.: o I:>arnagedtreesshall be treated inunedilitely by prlltiing,ferti1izatiott or other methods reoonunendedbya tree specialist NOTE:lT IS TIlE])E'VJj)LQPF.:R'~ !UtsPol'lSInILnV1Q CONF'ERWITII TilE CONTRACTOR ON'T!UtF.:CQNSERvA1ION MQlJIMMENfS. OWNER SIGNATURE (DATE) (DATE) I I I I I I I I I I I I I I I I I I I 2/21/2006 LIBERTY HALL - RECOMMENDED PLANTING LIST Recommended Uses Minimum Light Requirements S = Full Shade L = Low Moisture Minimum Moisture Requirements W = Wildlife H = Horticulture and Landscaping C = Conservation and Restoration P = Partial Sun M = Moderate Moisture F = Full Sun H = High Moisture D = Domestic Livestock Forage Native Trees Scientific Name Common Name Uses Lie:ht Moisture W H C D S P F L M H Small trees Amelanchier downy arborea serviceberry x x x x x x Amelanchier Canada canadensis serviceberry x x x x x x Asimina tri/oba paw paw x x x x x X Cercis canadensis redbud (Eastern) x x x x x Chionanthus virJ!inicus fringetree x x x X Comus alternate-leaf altemifolia dogwood x x x x x x X Comus amomum silkv dogwood x x x x x x flowering Comus florida dogwood x x x x x x X Crateagus crus- cockspur ~alli hawthome x x x x x x X CrateaJ!US flava October haw x x x x x Euonymous atrOTJurTJureus wahoo x x x x x Ilex OTJaca American holly x x x x x Liberty Hall Code of Development Page 33 of 74 I I I I I I I I I I I I I I I I I I I Magnolia sweetbay vin!iniana ma1molia x X X X X X Morus rubra red mulberry X X X X X x Eastern hop- Ostrva vir~iniana hornbeam x x x X Prunus American wild americana plum x x x x Rhus ~labra smooth sumac x x x x x x Rhus hirta (R. (yTJhina) stacl10rn sumac x x x x x Salix ni~ra black willow x x x x x Medium to Lan!e Trees Acer rubrum red maple x x x x x Acer saccharum SU2ar maple x x x x x Aesculus jlava (A. octandra) yellow buckeye x x x sweet birch, Betula lenta black birch x x x x x x Betula niflra river birch x x x x x x Carya alba (c. mockernut tomentosa) hickory x x x x x Carva fllabra pignut hickory x x x x x x shagbark Carya ovata hickory x x x x Diospyros virfliniana persimmon x x x x x x x x Fagus flrandifolia American beech x x x x x x Fraxinus americana white ash x x x x x Fraxinus TJensylvanica lrreen ash x x x x x x JUfllans niflra black walnut x x x x x Juniperus red cedar virfliniana (Eastern) x x x x x x Liquidambar stvraciflua sweetgum X x x x x x x Liriodendron tulip-tree, tulip tuliTJifera poplar x x x x x Nyssa sylvatica black 2Um x x x x x x Liberty Hall Code of Development 2/21/2006 Page34 of 74 I I I I I I I I I I I I I I I I I I I Oxydendrum arboreum sourwood x x x Pinus echinata shortleaf pine x x x x Pinus strobus white pine x x x x x Pinus taeda loblolly pine x x x x x x Pinus virJ;!iniana Virginia pine x x x Platanus occidentalis sycamore x x x x x wild black Prunus serotina cherry x x x x x Ouercus alba white oak x x x x x x swamp white Quercus bicolor oak x x x x x Quercus coccinea scarlet oak x x x x x Southern red Ouercus falcata oak x x x x x x x Quercus ilicifolia bear oak x x x x Quercus swamp chestnut michauxii oak x x x x x Quercus montana (0. Drinus) chestnut oak x x x x X Ouercus palustris pin oak x x x x x x X Ouercus phellos willow oak x x x x x x x Northern red Quercus rubra oak x x x x x x x Ouercus stellata post oak x x x x x Ouercus velutina black oak x x x x x Robinia Dseudoacacia black locust x x x x Sassafras albidum sassafras x x x x x American Tilia americana basswood x x X TsuJ!a canadensis Eastern hemlock x x x x x x + May be agm-essive in garden setting. * Due to the rarity and sensitivity of habitat in Virginia, these species are recommended for horticultural use only. Planting these species in natural areas could be detrimental to the survival of native populations. Liberty Hall Code of Development 2/21/2006 Page35 of 74 I I I I I I I I I I I I I I I I I I I Native Shrubs Scientific Name Common Name Uses Lieht Moisture W H C D S P F L M H Shrubs Alnus serrulata common alder x x X x x x x Aronia arbutifolia red chokeberry x x x x x x Aronia melanocarpa black chokeberry x x x x x x x Allegheny Castanea TJumila chinkaoin x x x x X X X Ceanothus americanus New J ersev tea x x x x x x Cephalanthus occidentalis buttonbush x x x x X Cornus amomum silky do~ood x x x x x X Crataegus crus- flalli cocksour hawthorn x x x x x x x Gaultheria TJrocumbens winterween x x x x x x Gaylussacia baccata black huckleberry x x x x x x x Gaylussacia frondosa dangleberry x x x x x x x Hamamelis vindniana witch hazel x x x x x x Hydrangea arborescens wild hydrangea x x x x deciduous holly, flex decidua oossumhaw x x x x x x flex verticil/ata winterberry x x x x x x x Kalmia latifolia mountain laurel x x x x x x Leucothoe fetterbush, racemosa sweetbells x x x x x Lindera benzoin spicebush x x x x x Rhododendron Catawba catawbiense rhododendron x x x x x Liberty Hall Code of Development 2/21/2006 Page 36 of 74 I I I I I I I I I I I I I I I I I I I great Rhododendron rhododendron, maximum rose bay x x x x x x x Rhododendron periclymenoides pinxter flower x x x x x x Rhododendron viscosum (R. serru/ata) swamp azalea x X x x x x Rhus aromatica fragrant sumac x x x x winged sumac, Rhus copallinum flameleaf sumac x x x x x x Rosa carolina pasture rose x x x x x x Rubus Alleghany allegheniensis blackberry x x x x x Sa/ix humilis prairie willow x x x x Sa/ix sericea silky willow x x x x x Sambucus common canadensis elderberry x x x x x x Vaccinium corymbosum (V. highbush virgata, formosa) blueberry x x x x X X X X X Viburnum Southern arrow- dentatum wood viburnum x x x x x x x possum-haw Viburnum nudum viburnum x x x x x Viburnum black-haw prunifolium viburnum x x x x x x + May be aggressive in garden setting. * Due to the rarity and sensitivity of habitat in Virginia, these species are recommended for horticultural use only. Planting these species in natural areas could be detrimental to the survival of native populations. Liberty Hall Code of Development 2/21/2006 Page 37 of 74 I I I I I I I I I I I I I I I I I I I 2/21/2006 Native Herbs Scientific Name I Common Name Uses Li2ht Moisture WIH C D S P F L MIH Herbs Aster cordifo/ius heart-leaved aster X X X X X Aster divaricatus white wood aster X X X X X X X Aster TJilosus white heath aster X X X X X Aster umbellatus flat-top white aster X X X X X X BaTJtisia australis* blue wild indij?;o X X X X X Baptisia tinctoria yellow wild-indij?;o X X X X X Bidens cemua+ noddinj?; bej?;j?;ar-ticks X X X X X X X X Chamaecrista fasciculata+ partridj?;e pea X X X X Chelone ~labra white turtlehead X X X X X Chrysogonum vindnianum green and gold X X x X Chrysopsis mariana Maryland golden (Heterotheca m.) aster X X X X X X Cimicifu~a racemosa black cohosh X X X X Maryland butterfly Clitoria mariana pea X X X X X Coreopsis tripteris tall coreopsis X X X X X Coreopsis verticil/ata threadleaf coreopsis X X X X X Delphinium tricome dwarf larkspur X x X X Desmodium narrow-leaf tick paniculatum trefoil X X x X Dicentra cucullaria Dutchman's breeches X X X Dicentra eximia wild bleedinj?; heart X X X X Dodecatheon meadia shooting star X X X X horsetail, scouring Equisetum hyemale rush X X X X X X Eupatorium coelestinum mistflower X X X X X X X Eupatorium fistulosum Joe Pye weed X X X X X X Eupatorium perfoliatum common boneset X X X X X Geranium maculatum wild j?;eranium X X X X X Helenium autumnale sneezeweed X X X X X X Liberty Hall Code of Development Page 38 of 74 I I I I I I I I I I I I I I I I I I I 2 1/2006 Helianthus narrow-leaf anJ!UStifolius sunflower x x x x x x x Helianthus decapetalus ten-petaled sunflower x x x x x x Helianthus divaricatus woodland sunflower x x x x x Heliopsis helianthoides oxeye sunflower x x x x x x x Hepatica americana round-lobed hepatica x x x x Heuchera americana alumroot x x x Hibiscus moscheutos Eastern rosemallow x x x x x Iris cristata dwarf crested iris x x x x Iris virJ;!inica Vircinia blue flag x x x x x round-head bush Lespedeza capitata clover x x x x Liatris J;!raminifolia grass-leaf blazing star x x x x x x x Liatris squarrosa plains blazing star x x x x x x Lilium canadense Canada lily x x x x x Lilium superbum Turk's cap lily x x x x x Lobelia cardinalis cardinal flower x x x x x x Lobelia siphilitica great blue lobelia x x x x x x Lupinus perennis lupine, sundial lupine x x x x Maianthemum racemosa (Smilacina r.) false Solomon's seal x x x x x Mertensia virJ;!inica Vir.cinia bluebells x x x x x x Mimulus rinJ;!ens monkeyflower x x x x Monarda /istulosa wild bergamot x x x x x x x Nvmohaea odorata American water lily x x x x x Oenothera fruticosa sundrops x x x x x X Opuntia humifusa (0. compressa) Eastern prickly-pear x x x x x Peltandra virJ;!inica arrow arum x x x x x X Penstemon laeviJ;!atus smooth beardtongue x x x x x woodland phlox, wild Phlox divaricata blue phlox x x x x x summer phlox, Phlox paniculata garden phlox x x x x x Phlox subulata moss phlox x x x X Physostegia virf!iniana obedient plant X X X X X Liberty Hall Code of Development Page3 of74 I I I I I I I I I I I I I I I I I I I 2'21/2006 Podophyllum peltatum+ mayapple x x x x x x Polemonium reptans Jacob's ladder x x x x PolY$!onatum bif[orum Solomon's seal x x x x x Pontederia cordata pickerel weed x x x x x Porteranthus trifoliatus( Gillenia t.) bowman's root x x x x Pycnanthemum incanum hoary mountain mint x x x x Pycnanthemum narrow-leaved tenuifolium mountain mint x x x x x x x Virginia meadow- Rhexia virJ!inica beauty x x x x Rudbeckia ful$!ida early coneflower x x x x x x Rudbeckia hirta black eyed Susan x x x x x x cut-leaved Rudbeckia laciniata coneflower x x x x x x three-lobed Rudbeckia triloba coneflower x x x x x X Sa$!ittaria latifolia broadleaf arrowhead x x x x x Salvia lyrata+ lvre-Ieaf sage x x x x Sanguinaria canadensis bloodroot x x x Saururus cernuus lizard's tail x x x x x SaxifraJ!a vir$!iniensis early saxifrage x x x x x x Sedum tematum wild stonecrop x x x X Senecio aureus+ golden ragwort X X X X X X Senna marilandica (Cassia m.) Maryland wild senna x x x x x Silene virJ!inica fire pink x x x x x Silphium perfoliatum cup plant x x x x x x Solida$!o caesia bluestem goldenrod x x x x x x Solida$!o odora sweet goldenrod x x x x x x pineywoods Solida$!o pinetorum+ goldenrod x x x x x Solid a$!O puberula downy goldenrod x x x x x rough-stemmed SolidaJ!o ruJ!osa+ goldenrod x x x x x Solida$!o sempervirens seaside goldenrod x x x x x x Thalictrum dioicum early meadowrue X X X Liberty Hall Code of Development Page4 of74 I I I I I I I I I I I I I I I I I I I 2 '21/2006 Tiarella cordifolia var. col/ina c1umpin2 foamflower x x x Tiarella cordifolia var. cordifolia spreadin2 foamflower x x x Tradescantia virf!iniana Vircinia spiderwort x x x x x x Trillium erectum wakerobin x x x Trillium f!randiflorum white trillium x x x Verbena hastata blue vervain x x x x x x Vernonia noveboracensis New York ironweed x x x x x x Viola cucullata marsh blue violet x x x x x x Viola pedata bird's foot violet x x x x x Viola pubescens (V. vennsylvanica) yellow violet x x x x x X Yucca filamentosa common yucca x x x x + May be a22l'essive in garden setting. * Due to the rarity and sensitivity of habitat in Virginia, these species are recommended for horticultural use only. Planting these species in natural areas could be detrimental to the survival of native populations. Liberty Hall Code of Development Page4 of74 I 2 " 1/2006 I Native Grassland Plants I Scientific Name Common Name Uses Li2ht Moistul e W H C D S P F LIMI H I Forbs Acorus americanus sweet flag x x x x x Antennaria nef!lecta field pussytoes x x x x x x I Asclepias incamata swamp milkweed x x x x x x Asclepias syriaca+ common milkweed x x x x x I Asclepiastuberosa butterfly weed x x x x X Aster pilosus white heath aster X X X X X Aster umbellatus flat-top white aster X X X X X x I Baptisia tinctoria yellow wild-indiJ;1;o x x x x x Chamaecrista I fasciculata+ partridJ;1;e pea x x x x Chrysogonum virf;!inianum m:-een and J;1;old x x x x I Chrysopsis mariana Maryland J;1;olden aster x x x x x x Clitoria mariana Maryland butterfly pea x x x x x I Coreopsis tripteris tall coreopsis x x x x x Coreopsis verticil/ata threadleaf coreopsis x x x x x Desmodium I paniculatum narrow-leaf tick trefoil X x x x Eupatorium I coelestinum mistflower x x x x x x x Eupatorium fistulosum Joe Pye weed x x x x x x Eupatorium I perfoliatum common boneset x x x x x Helenium autumnale sneezeweed x x x x x x I Helianthus anf!UStifolius narrow-leaf sunflower x x x x x x x Helianthus divaricatus woodland sunflower x x x x x I Heliopsis helianthoides oxeye sunflower x x x x x x x Iris virginica Virginia blue flag x x x x x round-head bush I Lesvedeza cavitata clover x x X x Liatris f!raminifolia m:-ass-Ieafblazing star X X X X X X x I Liatris squarrosa plains blazing star X X X X X X Lilium canadense Canada lily x x x x x I Liberty Hall Code of Development Page 2 of 74 I I 2'2 1/2006 I Lilium suverbum Turk's cap lily x X x x x Lobelia cardinalis cardinal flower x x x x x x I Lobelia sivhilitica m-eat blue lobelia X X X X X X Lupinus verennis lupine, sundial lupine x x x X Mimulus rinf!ens monkeyflower x x X X I Monarda /istulosa wild ber$?;amot x x x X X X X Oenothera fruticosa sundrops x X X X X X I Ovuntia humifusa Eastern prickly-pear X X x X X Penstemon laevif!atus smooth beardtonl?:Ue X X X X X I Physostef!ia virf!iniana obedient plant X x X X X Pycnanthemum incanum hoary mountain mint x x x x I Pycnanthemum narrow-Ivd mountain tenuifolium mint x x X X X X X Virginia meadow- I Rhexia virf!inica beauty x X x x Rudbeckia ful~ida early coneflower X X X X X x I Rudbeckia hirta black eyed Susan x X x X X X Rudbeckia laciniata cut-leaved coneflower X X X X X X Rudbeckia tri/oba three-lobed coneflower x x X X X x I Sa~ittaria latifolia broadleaf arrowhead X x X x X Salvia lvrata+ lyre-leaf sage X x x x I Saururus cernuus lizard's tail X X X X X Senecio aureus+ $?;olden ragwort X X X X X X Senna mari/andica Maryland wild senna x X X X x I Silphium verfoliatum cup plant X X x X x x SolidaIlo caesia bluestem $?;oldenrod X X X X X x I rough-stemmed Solida~o ruf!osa+ $?;oldenrod x X x X X Solida~o sempervirens seaside $?;oldenrod x x X X X X I Tradescantia vir~iniana Virro.nia spiderwort X X X X X x I Viola pedata bird's foot violet x X x x X Yucca filamentosa common yucca x x x x Ferns I Onoc/ea sensibilis+ sensitive fern x x x x X x Osmunda cinnamomea cinnamon fern X x x X X x I Grasses, sedges, rushes I Liberty Hall Code of Development Page 3 of 74 I I I I I I I I I I I I I I I I I I I I 2/21/2006 A~rostisperennans autumn bentro-ass x x x x x x x Andropogon J!erardii big bluestem x x x x x x x x Andropogon ~lomeratus bushy bluestem x x x x x x Andropo~on vir~inicus broomsedge x x x x x x x Carex crinita var. crinita long hair sedj:!;e x x x x x x x Carex lurida sallow sedj:!;e x x x x x X Carex stricta tussock sedj:!;e x x x x x x Danthonia sericea silky oatw-ass x x x x x x Danthonia spicata poverty oatw-ass x X x x x x x Dichanthelium clandestinum deer-tongue x x x x x x x x Dulichium arundinaceum dwarf bamboo x x x x x x Elymus hystrix bottlebrush grass x x x x x x x Juncus canadensis Canada rush x x x x x x Juncus effusus soft rush x x x x x x Leersia oryzoides rice cutJ;?;rass x x x x x x Panicum virJ!atum switch w-ass x x x x x x x x Saccharum ~i~anteum ~ant plumew-ass x x x x x x x Schizachyrium scoparium little bluestem x x x x x x x x Scirpus cyperinus woolgrass bulrush x x x x x x X SorJ!hastrum nutans Indian J;?;rass X x x x x x x x Tridens flavus redtop x x x x x x x x Tripsacum dactyloides j:!;ama grass x x x x x x x x Shrubs Aronia arbutifolia red chokeberry x x x x x x Aronia melanocarpa black chokeberry x x x x x x x Ceanothus american us New Jersey tea x x x x x X Corn us amomum silky dOj:!;Wood x x x x x x Rhododendron catawbiense Catawba rhododendron x x x x x Rhododendron viscosum swamp azalea x x x x x x Rubus alleJ!heniensis Alleghany blackberry x x x x x Salix humilis prairie willow x x x x Salix sericea silky willow x x x x x Liberty Hall Code of Development Page 44 of 74 I I I I I I I I I I I I I I I I I I I 2/21/2006 Sambucus canadensis common elderberry I x I x I x I I I I x I I x I x Small trees Amelanchier arborea downy serviceberry x x x x x x Amelanchier canadensis Canada serviceberry x x x x x X Cercis canadensis redbud (Eastern) x x x x x Chionanthus virKinicus fringetree x x x x Rhus glabra smooth sumac x x X x x x Rhus hirta sta.cl1orn sumac x x X x x Medium & Large Trees Diospyros virginiana persimmon x x x x x x x x Liquidambar styraciflua+ sweetgum x x x x x x x Nyssa sylvatica black gum x x x x x X Prunus serotina+ wild black cherry x x x x X Quercus coccinea scarlet oak x x x x X Quercus falcata Southern red oak x x x x x x X Quercus ilicifolia bear oak x x x X Quercus montana chestnut oak x x x x X Quercus stellata post oak x x x x X Quercus velutina black oak x x x x x Robinia pseudoacacia black locust x x x x Sassafras albidum sassafras x x x x x + May be aggressive in garden setting. Liberty Hall Code of Development Page 45 of 74 I I I I I I I I I I I I I I I I I I I 2/21/2006 Native Ferns. Grasses and Vines Scientific Name Common Name Uses Lie:ht Moisture W H C D S P F L M H Ferns and Fern Allies Adiantum pedatum maidenhair fern x x x x Asplenium platyneuron ebony spleenwort x x x x Athyrium asplenioides (A. filix-femina) Southern ladyfern x x x x x Botrychium virf!inianum Rattlesnake fern x x x x x Dennstaedtia punctilobula+ hay-scented fern x x x x x DrvoDteris intermedia everween wood-fern x x x x x x x DrvoDteris marf!inalis marmnal shield-fern x x x x X Onoc/ea sensibilis+ sensitive fern x x x x x x Osmunda cinnamomea cinnamon fern x x x x x x Osmunda ref!alis royal fern x x x x x Polystichium acrostichoides Christmas fern x x x x Thelvpteris palustris marsh fern x x x x x Woodwardia virf!inica+ Virginia chain fern x x x x x x x Grasses, sede:es, and reeds A~rostis perennans autumn bentj:!;fass x x x x x x x Andropo~on f!erardii bi~ bluestem x x x x x x x x Andropogon f!lomeratus bushy bluestem x x x x x x Andropof!on vir~inicus broomsed~e x x x x x x x Arundinaria I!iI!antea wild cane, river cane x x X x x x x X Carex crinita var. crinita lon~ hair sed~e x x x x x x X Carex lurida sallow sedge x x x x x X Carex pensylvanica Pennsylvania sed~e x x x x x x X Carex plantaf!inea plantain-leaved sedge x x x X Carex stricta tussock sedge x x x x x x Chasmanthium latifolium (Uniola I.) river oats, spanglegrass x x x x x x Danthonia sericea silky oatj:!;fass X X X X X X Danthonia spicata poverty oatj:!;fass x x x x x x x Liberty Hall Code of Development Page 46 of 74 I I I I I I I I I I I I I I I I I I I 2/21/2006 Dichanthelium clandestinum deer-tonJn1e x x x x x x x x Dichanthelium commutatum variable panicgrass x x x x x x x x Dulichium arundinaceum dwarf bamboo x x x x x x Elymus hystrix (Hystrix vatula) bottlebrush jU'ass x x x x x x x Elymus virJ!inicus Virginia wild rye x x x x x x Juncus canadensis Canada rush x x x x x x Juncus effusus soft rush x x x x x x Leersia oryzoides rice cutgrass x x x x x X Panicum virJ!atum switch grass x x x x x x x x Saccharum giganteum (Erianthus I!if!anteus) mant plumegrass x x x x x x x Schizachyrium scovarium little bluestem x x x x x x x X Scirvus cyverinus woolgrass bulrush x x x x x x x SorJ!hastrum nutans Indian grass x x x x x x x x Sparganium americanum American bur-reed x x x x x Tridens flaws redtop x x x x x x x x Trivsacum dactvloides j!ama grass x x x x x x x x Tyvha lat(folia broad-leaved cattail x x x x x Vines BiJ!flonia cavreolata crossvine x x x x x x Celastrus scandens climbinj! bittersweet x x x x x x Clematis virJ!iniana virgin's bower x x x x Gelsemium semvervirens Carolina iessamine x x x x x x x x Lonicera semvervirens trumpet honeysuckle x x x x Parthenocissus QuinQuefolia Vinrinia creeper x x X x x x + May be a1ml'essive in garden setting. * Due to the rarity and sensitivity of habitat in Virginia, these species are recommended for horticultural use only. Planting these species in natural areas could be detrimental to the survival of native populations. Liberty Hall Code of Development Page 47 of 74 I I I I I I I I I I I I I I I I I I I 2/21/2006 Recommended Uses Native Regions Minimum Light Requirements Riparian Vegetation Zones W = Wildlife M = Mountains S = Full Shade I = Emergent H = Horticulture and P = Piedmont Landscaping C = Conservation and C = Coastal Restoration Plain D = Domestic Livestock Forage P = Partial Sun 2 = Riverside Thicket F = Full Sun 3 = Saturated Thicket 4 = Well-drained Forest Native Riparian Plants Common Scientific Name Name Uses Li2ht Zone W H C D S P F I 2 3 4 Herbaceous plants Acorns american us (A. calamus) sweet fla~ X X X X X Amsonia tabernaemontana blue star X X X X X Jack-in-the- Arisaema triphyllum pulpit X X X X Asarum canadense+ wild ginger X X X X swamp Asclepias incarnata milkweed X X X X X X X flat-top white Aster umbellatus aster X X X X X nodding Eidens cernua+ be~~ar-ticks X X X X X X X Chamaecrista fasciculata+ partrid~e pea X X X white Chelone ~labra turtlehead X X X X X X Chrysogonum green and virJdnianum gold X X X X Coreopsis tripteris tall coreopsis X X X X X X X Delphinium tricorne dwarf X X X X Liberty Hall Code of Development Page 48 of 74 I I I I I I I I I I I I I I I I I I I larkspur Dutchman's Dicentra cucullaria breeches x X x horsetail, Equisetum hyemale scourin~ rush x x x x x x x Eupatorium coelestinum mistflower x x x X X X X X Eupatorium fistulosum Joe Pye weed X X X X X X X X Eupatorium common perfoliatum boneset X X X X X X Helenium autumnale sneezeweed X X X X X X X X ten-petaled Helianthus decapetalus sunflower X X X X X X X oxeye Heliopsis helianthoides sunflower X X X X X X X Eastern Hibiscus moscheutos rosemallow X X X X X X Virginia blue Iris virf{inica fla~ X X X X X X Lilium superbum Turk's cap lily X X X X X cardinal Lobelia cardinalis flower X X X X X X X X great blue Lobelia siphilitica lobelia X X X X X X X false Maianthemum Solomon's racemosa seal X X X X X X Virginia Mertensia virf{inica bluebells X X X X X X Mimulus rinf{ens monkeyflower X X X X X X American Nymphaea odorata water lily X X X X X Oenotherafruticosa sundrops X X X X X X X X Peltandra vir~inica arrow arum X X X X X X X woodland Phlox divaricata phlox x x x x x Phlox TJaniculata summer phlox x x x x x x Podophyllum peltatum+ mayapple x x x x x x Polemonium reptans Jacob's ladder x x x x Pontederia cordata pickerel weed x x x x x Virginia Rhexia virf{inica meadow- x x x x Liberty Hall Code of Development 2/21/2006 Page 49 of 74 I I I I I I I I I I I I I I I I I I I beauty cut-leaved Rudbeckia laciniata coneflower x x x x x x x x broadleaf Saf!ittaria latifolia arrowhead x x x x x X Saururus cernuus lizard's tail x x x x x x golden Senecio aureus+ ragwort x x x x x x X rough- stemmed Solidaf!o ru1?osa+ goldenrod x x x x x x x Verbena hastata blue vervain x x x x x x Vernonia New York noveboracensis ironweed x x x x x x x x marsh blue Viola cucul/ata violet x x x x x x Viola pubescens yellow violet x x x x x x Zephranthes atamasco Atamasco lily x x x x x x x Ferns and fern allies Southern Athvrium asplenioides ladyfern x x x x x Botrychium Rattlesnake virf!inianum fern x x x X Onoc/ea sensibilis+ sensitive fern x x x x x x Osmunda cinnamomea cinnamon fern x x x x x x Osmunda re1?alis royal fern x x x x x Polystichium Christmas acrostichoides fern x x x x Thelvpteris palustris marsh fern x x x x x x Woodwardia Virginia chain virf!inica+ fern x x x x x x x Grasses. sed~es, reeds autumn Af!rostis perennans bentgrass x x x x x x x x Andropof!on f!erardii big bluestem x x x x x x x x Andropogon bushy f!lomeratus bluestem x x x x X Carex crinita var. long hair crinita sedge x x x x x x x X Carex lurid a sallow sed2e x x x x x x X Carex stricta tussock sedge x x x x x x x Liberty Hall Code of Development 2/21/2006 Page 50 of 74 I I I I I I I I I I I I I I I I I I I Chasmanthium river oats, latifolium spam!legrass x x x x x x x x Dichanthelium clandestinum deer-tongue x x x x x x x x x Dichanthelium variable commutatum panicgrass x x x x x x x Dulichium arundinaceum dwarf bamboo x x x x x x x x Elymus hystrix bottlebrush (Hystrix patula) grass x x x x x x Virginia wild Elymus virJ!inicus rye x x x x x x x Juncus canadensis Canada rush x x x x x x x Juncus effusus soft rush x x x x x x x Leersia orvzoides rice cutgrass x x x x x x x Panicum virJ!atum switch grass x x x x x x x x giant Saccharum giJ!anteum plumegrass x x x x x x x x woolgrass Scirpus cvperinus bulrush x x x x x x x x Sparganium American americanum bur-reed x x x x x Tripsacum dactyloides 2ama !!rass x x x x x x x x x x broad-leaved Typha latifolia cattail x x x x Vines BiJ!nonia capreolata crossvine x x x x x x x climbing Celastrus scandens bittersweet x x x x x x Clematis virJ!iniana virgin's bower x x x x x x x Parthenocissus Virginia quinquefolia creeper x x x x x x x x Shrubs Alnus serrulata common alder x x x x x x x x x red Aronia arbutifolia chokeberry x x x x x x x black Aronia melanocarpa chokeberry x x x x x x x Cephalanthus occidentalis buttonbush x x x x x x Corn us amomum silky x x x x x x Liberty Hall Code of Development 2/21/2006 Page 51 of 74 I I I I I I I I I I I I I I I I I I I dogwood Hydrangea wild arborescens hydran~ea X X X X flex decidua possumhaw X X X X X X X X flex verticil/ata winter berry X X X X X X X X fetterbush, Leucothoe racemosa sweetbells X X X X X X Lindera benzoin spicebush X X X X X X Rhododendron viscosum swamp azalea X X X X X X Alleghany Rubus al/ef(heniensis blackberry X x x x x x x Salix sericea silky willow x x x x x x common Sambucus canadensis elderberry x x x x x x x Vaccinium highbush corvmbosum blueberry x x x x x x x x x So. arrow- wood Viburnum dentatum viburnum x x x x x black-haw Viburnum prunifolium viburnum x x x x x Small trees downy Amelanchier arborea serviceberry x x x x x x Amelanchier Canada canadensis serviceberry x x x x x x x Asimina tri/oba paw paw x x x x x x x alternate-leaf Cornus alternifolia dogwood x x x x x x CrateaJ!US flava October haw x x x x x Morus rubra red mulberry x x x x x x x Eastern hop- Ostrva virJ!iniana hornbeam x x x x Rhus f(labra smooth sumac x x x x x x Salix nif(ra black willow x x x x x x Medium to Large Trees Acer rubrum red maple x x x x x x x sweet birch, Betula lenta black birch x x x x x x x Betula nigra river birch x x x x x x Liberty Hall Code of Development 2/21/2006 Page 52 of 74 I I I I I I I I I I I I I I I I I I I Diospvros virJ!iniana persimmon x x X X X X X X X Fraxinus americana white ash X X X X X X X Fraxinus pensvlvanica green ash X X X X X X X JUJ!lans nigra black walnut X X X X X X x Liquidambar styraciflua sweetgum x x x x x x x x Liriodendron tulipifera tulip-tree, tulip poplar x x x x x x Nyssa svlvatica black ~ x x x x x x x x Oxydendrum arboreum sourwood x x x x Pinus taeda loblolly pine x x x x x x x Platanus occidentalis sycamore x x x x x x swamp white Quercus bicolor oak x x x x x x Quercus michauxii swamp chestnut oak x x x x x x x Quercus palustris pin oak x x x x x x x Quercus phel/os willow oak x x x x x x x x +May be aggressive in ~arden settin~. *Due to the rarity and sensitivity of habitat in Virginia, these species are recommended for horticultural use only. Planting these species in natural areas could be detrimental to the survival of native populations. Liberty Hall Code of Development 2/21/2006 Page 53 of 74 I I I I I I I I I I I I I I I I I I I 1992 3.38 sro & SPEC 3.38 F @) ,I TREE PRESERVATION & PROTECTION @ Definition Protection of desirable trees from mechanical and other injury during land disturbing and construction activity. Purpose To ensure the survival of desirable trees where they will be. effective for erosion and sediment control, watershed protection, landscape beautification, dust and pollution control, noise reduction, shade and other environmental benefits while the land is being converted from forest to urban-type uses. Conditions Where Practice Applies Tree-inhabited areas subject to land disturbing activities. III - 393 I I I I I I I I I I I I I I I I I I I 1992 3.38 Planning Considerations New development often takes place on tracts of forested land. In fact, building sites are often selected because of the presence of mature trees. However, unless sufficient care is taken and planning done in the interval between buying the property and completing construction, much of this resource is likely to be destroyed. The property owner is ultimately responsible for protecting as many trees as possible, with their understory and ground cover. This responsibility is usually exercised by agents-the planners, designers and contractors. It takes 20 to 30 years for newly planted trees to provide the benefits for which we value trees so highly. Trees perform the following functions on a site: 1. Assist in stabilizing the soil and preventing erosion. 2. Help to decrease stormwater runoff through canopy interception and root zone absorption. 3. Moderate temperature changes and provide shade. 4. Moderate the effects of sun and wind. 5. Provide buffers and screens against noise. 6. Filter pollutants from the air. 7. Help to remove carbon dioxide from the air and release oxygen. 8. Provide a haven for animals and birds, which help to control insect populations. 9. Conserve and increase property values. 10. Provide psychological and aesthetic counterpoints to the man-made urban setting. Str~sses of Construction Trees may appear to be inanimate objects, but they are living organisms that are constantly involved in the process of respiration, food processing, and growth. Construction activities expose trees to a variety of stresses resulting in injury ranging from superficial wounds to death. An understanding of these stresses is helpful in planning for tree protection. 1. Surface Impacts: Natural and man-related forces exerted on the tree above the ground can cause significant damage to trees. a. Wind damage - Removal of some trees from groups will expose those remaining to greater wind velocities. Trees tend to develop anchorage where 111-394 I I I I I I I I I I I I I I I I I I I 1992 2. 3.38 it is most needed. Isolated trees develop anchorage rather equally all around, with stronger root development on the side of the prevailing winds. The more a tree is protected from the wind, the less secure is its anchorage. The result of improper thinning is often wind-thrown trees. Selective removal in favor of a single tall tree may also create a lightning hazard. b. Excessive pruning - Unprotected trees are often "topped" or carelessly pruned to prevent interference with utility wires or buildings. If too many branches are cut, the tree may not be able to sustain itself. If the pruning is done without considering the growth habit, the tree may lose all visual appeal. If the branches are not pruned correctly, decay may set in. c. Trunk damage - Tree trunks are often nicked or scarred by trucks and construction equipment. Such superficial wounds provide access to insects and disease. ~ootZQn~ IPlpact&: Disturbing and delicate relationship between soil, roots, and the rest of the tree can damage or kill a tree. The roots of an existing tree are established in an area where essential materials (water, oxygen, and nutrients) are present. The m.ass of the root system is the correct size to balance the intake .of water from the soil with the transpiration of water from the leaves. a. Raising the grade as little as 6 inches can retard the normal exchange of air and gases. Roots may suffocate due to lack of oxygen, or be damaged by toxic gases and chemicals released by soil bacteria. b. Raising the grade may also elevate the water table. This can cause drowning of the deeper roots. c. Lowering the grade is not usually as damaging as raising it. However, even shallow cuts of 6 to 8 inches will remove most of the topsoil, removing some feeder roots and exposing the rest to drying and freezing. d. Deep cuts may sever a large portion of the root system, depriving the tree of water and. increasing. the chance of wind-throw. e. Lowering the grade may lower the water table, inducing drought. This is a problem in large roadway cuts or underdrain installations. f. Trenching or excavating through a tree's root zone can eliminate as much as 40 percent of the root system. Trees suffering such damage usually die within 2 to 5 years. g. Compaction of the soil within the drip line (even a few feet beyond the drip line) of a tree by equipment operation, materials storage, or paving can block off air and water from roots. III - 395 - I I I I I I I I I I I I I I I I I I I 1992 3.38 h. Construction chemicals or refuse disposed of in the soil can change soil chemistry or be toxic to trees. Most damage to trees from construction activities is due to the invisible root zone stresses. Desi~n Criteria No formal design is required. However, in planning for the development of a wooded site where some trees will be preserved, a number of criteria must be considered. Selecting Trees to be Retained The proper development of a wooded site requires completion of a plan for tree preservation before clearing and construction begins. Trees should be identified by species, and located on a topographical map, either as stands or as individuals, depending on the density and value of the trees. Base decisions on which trees. to save on the following considerations: 1. life expectan~ and present age: Preference should be given to trees with a long life span, such as white oak, beech, and maple. Long-lived specimens. that are past their prime may succumb to the stresses of construction, so smaller, younger trees of desirable species are preferred; they are more resilient and will last longer. However, if the cost of preservation is greater than the cost of replacement with a specimen of the same age and size, replacement may be preferred. 2. Health . and disease susceptibility: Check for scarring caused by fIre or lightning, insect or disease damage, and rotted or broken trunks or limbs. Pest- and pollution-resistant trees are preferred. 3. Structure: Check for structural defects that indicate weakness or reduce the aesthetic value of a tree: trees growing from old stumps, large trees with overhanging limbs that endanger property, trees with brittle wood (such as silver maple), misshapen trunks or crowns, and small crowns at the top of tall trunks. Open grown trees often have better form than those grown in the woods. Trees with strong tap or fibrous root systems are preferred to trees with weak rooting habits. 4. Cleanliness: Some trees such as elm and black locust are notoriously "dirty", dropping twigs, bark, fruit, or plant exudates. A clean tree is worth more than a dirty one. Trees which seed prolifically or sucker profusely are generally less desirable in urban areas. Thornless varieties are preferred. 5. Aesthetic values: Handsome bark and leaves, neat growth habit, fine fall color, and attractive flowers and fruit are desirable characteristics. Trees that III - 396 I I I I I I I I I I I I I I I I I I I 1992 3.38 provide interest during several seasons of the year enhance the value of the site. 6. Comfort: Trees help relieve the heat of summer and buffer strong winds throughout the year. Summer temperatures may be 10 degrees cooler under hardwoods than under conifers. Deciduous trees drop their leaves in winter, allowing the sun to warm buildings and soil. Evergreens are more effective wind buffers. 7. Wildlife: Preference should be given to trees that provide food, cover, and nesting sites for birds and game. 8. Adaptability to the proposed develoJ-lment: a. Consider the mature height and spread of trees; they may interfere with proposed structures and overhead utilities. Roots may interfere with walls, walks, driveways, patios, and other paved surfaces; or water lines, septic tanks, and underground drainage. b. Trees must be appropriate to the proposed use of the development; select trees which are pollution-tolerant for high-traffic and industrial areas, screen and buffer trees for noise or objectionable views, salt- tolerant species for areas exposed to deicing salts or ocean spray. c. Consider location of landfills. Gases generated in them can travel long distances underground, to injure distant trees. Choose species tolerant of anaerobic soil conditions. d. Determine the effect of proposed grading on the water table. Grading should not take place within the drip line of any tree to be saved. 9. Survival needs of the tree: Chosen trees must have enough room to develop naturally. They will be subject to injury from increased exposure to sunlight, heat radiated from buildings and pavement, and wind. It is best to retain groups of trees rather than individuals. As trees mature, they can be thinned gradually. 10. Relationship to other trees: Individual species should be evaluated in relation to other species on the site. A species with low value when growing among hardwoods will increase in value if it is the only species present. Trees standing alone genera.!ly have higher landscape value than those in a wooded situation. However, tree groups are much more effective in preventing erosion and excess stormwater runoff. III - 397 I I I I I I I I I I I I I I I I I I I 1992 3.38 Site Planning for Tree Protection 1. If lot size allows, select trees to be saved before siting the building. No tree should be destroyed or altered until the design of buildings and utility systems is final. 2. Critical areas, such as flood plains, steep slopes, and wetlands, should be left in their natural condition or only partially developed as open space. 3. Locate roadways to cause the least damage to valuable stands. Follow original contours, where feasible, to minimize cuts and fills. 4. Minimize trenching by locating several utilities in the same trench. Excavations for basements and utilities should be kept away from the drip line of trees. 5. Construction material storage areas and worker parking should be noted on the site plan, and located where they will not cause compaction over roots. 6. When retaining existing trees in parking areas, leave enough ground ungraded beyond the drip line of the tree to allow for its survival. 7. Locate erosion and sediment control measures at the limits of clearing and not in wooded areas, to prevent deposition of sediment within the drip line of trees being preserved. Sediment basins should be constructed in the natural terrain, if possible, rather than in locations where extensive grading and tree removal will be required. Specifications 1. Groups of trees and individual trees selected for retention shall be accurately located on the plan and designated as "tree(s) to be saved." Individual specimens that are not part of a tree group shall also have their species and diameter noted on the plan. 2. At a minimum, the limits of clearing shall be located outside the drip line of any tree to be retained and, in no case, closer than 5 feet to the trunk of any tree (Plate 3.38- 1). 3. Marking: Prior to construction and before the preconstruction conference, individual trees and stands of trees to be retained within the limits of clearing shall be marked at a height visible to equipment operators. According to the Virginia Department of Forestry, a diagonal slash of brightly colored paint approximately 8 to 10 inches in length is a COmmon practice in areas where an accidental or purposeful alteration of the proper markings is a concern. In most situations, such as an area which is supposed to receive formal landscaping, a surveyor's ribbon or a similar material applied at a reasonable height encircling the tree will suffice. III - 398 I I I I I I I I I I I I I I I I I I I 1992 3.38 DRIP UN( PROTECTIIIE DEVICE . . . -r.:" =:. CONSTRUCTION OPERATIONS RELATIVE TO THE LOCATION OF PROTECTED TREES Source: Public F~cilities Manual. Vol. m, Fairfax Co., Va., 1976 Plate 3.38-1 4. Pre~Construction Conference: During any preconstruction conference, tree preservation and protection measures should be reviewed with the contractor as they apply to that specific project. 7. Storage and Disposal of Toxic Materi;J.I~: No toxic materials shall be stored closer than 100 feet to the drip line of any trees to be retained. Paint, acid, nails, gypsum board, wire, chemicals, fuels, and lubricants shall not be disposed of in such a way as to injure vegetation. l III - 399 . I I I I I I I I I I I I I I I I I I I 1992 8. 3.38 Fencing and Armoring (Plate 3.38-2): Any device may be used which will effectively protect the roots, trunk and tops of trees retained on the site. However, trees to be retained within 40 feet of a proposed building or excavation shall be protected by fencing. Personnel must be instructed to honor protective devices. The devices described are suggested only, and are not intended to exclude the use of other devices which will protect the trees to be retained. a. Snow Fence - Standard 40-inch high snow fence shall be placed at the limits of clearing on standard steel posts set 6 feet apart. b. Board Fence - Board fencing consisting of 4-inch square posts set securely in the ground and protruding at least 4 feet above the ground shall be placed at the limits of clearing with a minimum of two horizontal boards between posts. If it is not practical to erect a fence at the drip line, Construct a triangular fence nearer the trunk. The limits of clearing will still be located at the drip line, since the root zone within the drip line will still require protection. c. Cord Fence - Posts with a minimum size of 2 inches square or 2 inches in diameter set securely in the ground and protruding at least 4 feet above the ground shall be placed at the limits of clearing with two rows of cord 1/4-inch or thicker at least 2 feet apart running between posts with strips of colored surveyor's flagging tied securely to the string at intervals no greater than 3 feet. d. Plastic Fencing - 40-inch high "international orange" plastic (polyethylene) web fencing secured to conventional metal 'T' or "U" posts driven to a minimum depth of 18 inches on 6-foot minimum centers shall be installed at the limits of clearing. The fence should have the following minimum physical qualities: Tensile yield: Average 2,000 lbs. per 4-foot width (ASTM D638) Ultimate tensile yield: Average 2,900 lbs. per 4-foot width (ASTM D638) Elongation at break (%): Greater than 1000% (ASTM D638). Chemical resistance: Inert to most chemicals and acids e. Earth Berms - Temporary earth berms shall be constructed according to specifications for a TEMPORARY DIVERSION DIKE (Std.. & Spec. 3.9) with the base of the berm on the tree side located along the limits of clearing. Earth berms may not be used for this purpose if their presence will conflict with drainage patterns. III - 400 2/21/2006 1992 3.38 FENCING AND ARMORING I I DRF' UNE ~ SNOW fENCE ElOAAD fENCE CORRECT METHODS OF TREE FENCING .Jt CORRECT TRUNK ARMORING TRIANGULAR BOARD FENCE Source: Va DSWC Plate 3.38..2 . III - 401 I I I I I I I I I I I I I I I I I I I 1992 3.38 f. Additional Trees - Additional trees may be left standing as protection between the trunks of the trees to be retained and the limits of clearing. However, in order for this alternative to be used, the trunks of the trees in the buffer must be no more than 6 feet apart to prevent passage of equipment and material through the buffer. These additional trees shall be reexamined prior to the completion of construction and either be given sufficient treatment to ensure survival or be removed. g. Trunk Armoring - As a last resort, a tree trunk .can be armored with burlap wrapping and 2-inch studs wired vertically no more than 2 inches apart to a height of 5 feet encircling the trunk. If this alternative is used, the root zone within the drip line will still require protection. Nothing should ever be nailed to a tree. Fencing and armoring devices shall be in place before any excavation or grading is begun, shall be kept in good repair for the duration of construction activities, and shall be the last ite1l1S removed during the final cleanup after the completion of the project. 9. Raisinf: the &fade: When the ground level must be raised around an existing tree or tree group, the following considerations shall be made and steps taken to adequately care for the affected tree. a. A well may be created around the tree(s) slightly beyond the drip line to retain the natural soil in the area of the feeder roots (Plate 3.38-3). TREE '" I I I I I I FINISHED GRADE QRIP LINE Source: Va. DSWC Plate 3.38-3 ID-402 I I I I I I I I I I I I I I I I I I I 1992 3.38 b. In the case of an individual tree, when the above alternative is not practical or desirable, the following method is recommended to ensure survival of the tree (Plate 3.38-4). 1) Before making the fill, remove the green vegetation, sod, leaf litter, and other organic matter from beneath the tree or trees to a distance of 3 feet beyond the drip line and loosen the surface soil to a depth of approximately 3 inches without damaging the roots. 2) Apply fertilizer in the root area of the tree to be retained. Fertilizer formulations and application rates and methods shall conform to the guidelines provided in Table 3.38-A 3) The dry well shall be constructed so as to allow for tree trunk diameter growth. A space of at least 1 foot between the tree trunk and the well wall is adequate for large, old, slow-growing trees. Clearance for younger trees shall be at least 2 feet. 4) The well shall be high enough to bring the top just above the level of the proposed fill. The well wall shall taper slightly away from the tree trunk at a rate of 1 inch per foot of wall height. 5) The well wall shall be constructed of large stones, brick, building tile, concrete blocks, or cinder blocks with care being taken to ensure that ample openings are left through the wall of the well to allow for free movement of air and water. Mortar shall only be used near the top of the well and only above the porous fill. 6) Drain lines composed of 4-inch, high-quality drain tiles shall begin at the lowest point inside the well and extend outward from the tree trunk in a wheel-and-spoke pattern with the trunk as the hub. These radial drain lines shall slope away from the well at a rate of 1/8 inch per foot. The circumferential line of tiles should be located beneath the drip line of the tree. Vertical tiles or pipes shall be placed over the intersections of the two tile systems if a fill of more than 2 feet is contemplated. These vertical tiles shall be held in place with stone fill. Tile joints shall be tight. A few radial tiles shall extend beyond each intersection and shall slope sharply downward to ensure good drainage. 7) Tar paper or its approved equivalent shall be placed over the tile and/or pipe joints to prevent clogging, and large stone shall be placed around and over drain tiles and/or pipes for protection. III - 403 I I I I I I I I I I I I I I I I I I I 1992 TREE WELL DETAIL TILE DRAINS VERTICAL ORAlN . Source: Adapted from Tree Maintenance, 5th ed., Pirone, 1978. III - 404 3.38 flLL SOIL STRAW OR FILTER FAaRIC St.t"u STONE LARGE STONE -- TiiCPAP~-- TILE DRAIN Plate 3.384 I I I I I I I I' I I I I I I I I I I I ~ u -< z B u ~ f2 o u a ~e: ~z ff)O e3E: =~ ~~ ~ ~ z sa E-c ~ I f;l ~ 1992 ~ o ~ oCS ~ z B -< u E -< ~ ~ ~ u 3 ~ ~ ~ ~ <6 <6 - - z B ~ e ei ~ ~ <6 <6 ~ 9"""'f ]I ]I ~ ~ e e ~~ ~ ei \0 I 00 o - 'il 'il ..... ..... ~ ~ ~~ ~ V I \0 I o - E .i:f .c:: .J:: ;@ ;@ :i :i -5 .c -5 is .5 .s .5 .5 ~~ }~ h h ~ :9'i -~ :9-g :91 "'t~ '?~ ~e ~~ N..o v.o -..0 N.o ca E ~ .g ~ ca e i E 00 ~ ~ '5 e -< t * .c ;@t3 t3- .cg: 0.0 .$ e \ou ~] ~ ~ v ~] ~8 '-6 -g 'n e ~ ~Q ~ ~ :at3 -5B: .~~ :au 't:I't:I ~; C) t3 .5 .r;: ~~ -:B V.r:: ~~ ~-< v~ ~a "'t ~ o - 'il .... ~ v e e 8 ~ ~ B ] ~ .0 ~ .i:::~ 8 ;@ _ .c C) h .5 is.... & :S~ CIS vi "'t e :9 N.o N ~ ~ p. ::s ~ ~ 5 e .! c:: .... ~ g - .r::f =8 t3 -= C) .5 \0 ; oS I o ~ ~ c:: .- ~ ~ ~ t3 t3 -5 -5 .5 .5 \0 \0 ~ e ~ ~ c:: "" ti ~ :;ev 0.5 l'I) ...... ~ti ~ ~ g v ta~ Z III - 405 ~ I o - I c:: 9 8 'il .... ~ e 8 ei ~ J2i ~~ ~ ~ ~ ~ .:;:l i'i ~.~ ~~ ~~ -0 \I') .5 i ~ ei ~'t:I 0'0 ~~ ~~ "d ~d = ~ 9 .5 ~ ~ 0-5 .5 "3 ~e ',p ~ ~'B go';.::l ~: ... 5 ..... o IE ~ ~ .... ~ c:: .- 5 g ..... c:: .~ ~ ] ~ c:: 9 ..... o u ei ~ i~ ) ...... o cti fi:;:l 8~ -9 ~.5 ~~ ~fr ~g .... ~e ~ B c:: ~ .... fa g .- c:: ~ ',p :a -g ~ ~ ti ~ v ~ 11 - I -g e ~ a- !;? ~ 't:I c:: ~ ~ ~ ... & \I') ~ ... .c t).Q .- v -= ~ ..0 ..... CIS ~ n ~ .- Q .c .0 "0 * 3.38 00 t'-- 0\ - g e it ~ ~ ~ t.j;;i 5 ~ g ',p CIS E ~ c:: - @ ::s o l'I) I I I I I I I I I I I I I I I I I I I 1992 10. 3.38 8) A layer of 2- to 6-inches of stone shall be placed over the entire area under the tree from the well outward at least as far as the drip line. For fills up to 2-feet deep, a layer of stone 8- to 12-inches thick should be adequate. A thicker layer of this stone, not to exceed 30 inches, will be needed for deeper fills. 9) A layer of 3/4-inch to I-inch stone covered by straw, fiber-glass mat or a manufactured filter fabric shall be used to prevent soil from clogging the space between stones. Cinders shall not be used as fill material. 10) Filling shall be completed with porous soil such as topsoil until. the desired grade is reached. This soil shall be suitable to sustain specified vegetation. 11) To prevent clogging of the drain lines, crushed stone shall be placed inside the dry well over the openings of the radial ti.1es. Vertica1 tiles shall also be filled with crushed rock and may also be covered with a screen. 12) To prevent anyone from falling into the dry well and leaves and debris from accumulating there, the area between the trunk and the well wall shall either be covered by an iron grate or filled with a 50-50 mixture of crushed charcoal and sand. (This will also prevent rodent infestation and mosquito breeding.) c. Where water drainage through the soil is not a problem, coarse gravel in the fill may be substituted for the tile. This material has sufficient porosity to ensure air drainage. Instead of the vertical tiles or pipes in the system, stones, crushed rock, and gravel may be added so that the upper level of these porous materials slants toward the surface in the vicinity below the drip line (Plate 3.38-5). d. Raising the grade on only one side of a tree or group of trees may be accomplished by constructing only half of one of these systems. L9werin& the ~ade: Trees shall be protected from harmful grade cuts by the construction of a tree wall (Plate 3.38-6). a. Following excavation, all tree roots that are exposed and/or damaged shall be trimmed cleanly, painted with tree paint, and covered with moist peat moss, burlap, or other suitable material to keep them from drying out. b. The wall shall be constructed of large stones, brick, building tile, or concrete block or cinder block in accordance with the detail in Plate 3.38-6. III - 406 I I I I I I I I I I I I I I I I I I I 1992 3.38 TREE WELL WITHOUT DRAIN TILES ORP UNE NEW (;fW)E FlU. roll COARSE GRAVEL Source: Va. DSWC Plate 3.38..5 c. Backfill with peat moss or other organic material or with topsoil to retain moisture and aid in root development. d. Apply fertilizer and water thoroughly. Fertilizer formulations and application rates and methods shall conform to the guidelines provided in Table 3.38..A e. Prune the tree crown, reducing the leaf surface in proportion to the amount of root loss. f. Provide drainage through the wall so water will not accumulate behind the wall. g. Lowering the grade on only one side of a tree or group of trees may be accomplished by constructing only half of this system. ITI - 407 I I I I I I I I I I I I I II I I I I I 1992 3.38 TREE WALL DETAIL ~p-~ -". .. 5' t.4lN. UNE or t.4lNlMUt.I EXCAVATION FOR "'AU. COt!STRVCTlON (DRI'> UNE) TOPSOIl. BACKFll.L NOTE: ROOTS PENETRAlING EYOND lHE W;U LOCATION SHOUlD BE BRIDGED 3d' t.tN. Source: Adapted from Trees for Architecture and the Landscape. Zion, 1968. Plate 3.38-6 ill - 408 I I I I I I I I I I I I I I I I I I I 1992 3.38 11. Trenching and Tunnelling: a. Trenching shall be done as far away from the trunks of trees as possible, preferably outside the branches or crown spreads of trees, to reduce the amount of root area damaged, or killed by trenching activities. b. Wherever possible, trenches should avoid large roots or root concentrations. This can be. accomplished by curving the trench or by tunnelling under large roots and areas of heavy root concentration. c. Thnnelling is more expensive initially, but it usually causes less soil disturbance and physiological impact on the root system (Plate 3.38-7). The extra cost may offset the potential cost of tree removal and replacement should the tree die. TRENCHING VS. TUNNELING '. :';~2)ii:~:~:;::~;~:.: ~i:;;~2:; , b~::;':':':;.~:< :..... ..\.. ." ..... ..... ". ':. DESTRUCTION OF FEEDER ROOTS WILL PROBABLY KILL THE TREE Source: Tree Maintenance, Pirone, 1979. TUNNELING UNDER THE TREE WILL PRESERVE IMPORTANT FEEDER ROOTS Plate 3.38-7 III - 409 I I I I I I I I- I I I I I I I I I I I 1992 3.38 Thnnelling is almost always preferred over the trenching method. The tunnel should be 18 inches or greater below the ground surface and should not be located under the center of the tree (an off -center tunnel has the least impact on the roots). d. Roots shall not be left exposed to the air. They shall be covered with soil as soon as possible or protected and kept moistened with wet burlap or peat moss until the trench or tunnel can be filled. e. The ends of damaged and cut roots shall be cut off smoothly and protected by painting promptly with a tree-wound dressing. f. Trenches and tunnels shall be filled as soon as possible. Air spaces in the soil shall be avoided by careful filling and tamping. g. Peat moss or other suitable material shall be added to the fill material as an aid to inducing and developing new root growth. h. The tree shall be mulched and fertilized to conserve moisture, stimulate new root growth, and enhance general tree vigor. i. If a large amount of the root system has been damaged and killed, the crown leaf surface shall be proportionately reduced to balance the reduced root system. This may be accomplished by pruning 20 to 30 percent of the crown foliage. If roots are cut during the winter, pruning shall be accomplished before the next growing season. If roots are cut during the growing season, pruning shall be done immediately. 12. R~mov~l and Re.pla,cement of Damaged Trees: Should a tree intended and marked to be retained be damaged seriously enough that survival and normal growth are not possible, the tree shall be removed. If replacement is desirable and/or required, the replacem~nt tree shall be of the Same or similar species, 2-inch to 2\-inch (minimum) caliper balled and burlapped nursery stock. However, today, with the aid of a fltree spade," the same caliper tree may be required as a replacement. Clean-'J1I1: - Clean-up after a construction project can be a critical time for tree damage. Trees protected throughout the development operation are often destroyed by carelessness during the final clean-up and landscaping. Fences and barriers shall be removed last, after everything else is cleaned-up and carried away. 13. 14. Maintenance: In spite of precautions. some damage ~o protected trees may occur. In such cases, the following maintenance guidelines should be followed: a. Soil Aeration - If the soil has become compacted over the root zone of any tree, the ground shall be aerated by punching holes with an iron bar. The bar shall be driven I-foot deep and then moved back and forth until the soil is 111-410 I I I I I I I I I I I I I I I I I I I 1992 3.38 loosened. This procedure shall be repeated every 18 inches until all of the compacted soil beneath the crown of the tree has been loosened. b. Repair of Damage 1) Any damage to the crown, trunk, or root system of any tree retained on the site shall be repaired immediately. 2) Whenever major root or bark damage occurs, remove some foliage to reduce the demand for water and nutrients. 3) Damaged roots shall immediately be cut off cleanly inside the exposed or damaged area. Cut surfaces shall be painted with approved tree paint, and moist peat moss, burlap, or top-soil shall be spread over the exposed area. 4) To treat bark damage, carefully cut away all loosened bark back into the undamaged area, taper the cut at the top and bottom, and provide drainage at the base of the wound (Plate 3.38~8). 5) All tree limbs damaged during construction or removed for any other reason shall be cut off above the collar at the preceding branch junction (plate 3.38-8). 6) Care for serious injuries shall be prescribed by a forester or a tree specialist. c. Fertilization: Broadleaf trees that have been stressed or damaged shall receive a heavy application of fertilizer to aid their recovery. 1) Trees shall be fertilized in the late fall (after October 1) or the early spring (from the time frost is out of the ground until May 1). Fall applications are preferred, as the nutrients will be made available over a longer period of time. 2) Fertilizer shall be applied to the soil over the feeder roots (see Plate 3.38-9). In no case should it be applied closer than 3 feet to the trunk. The root system of conifers extends some distance beyond the drip line. Increase the area to be fertilized by one fourth the area of the crown. 3) Fertilizer shall be applied using approved fertilization methods and equipment. III - 411 I I I I I I I I I I I I I 'I I I I I I 1992 TREE WOUND TREE TREATING BARK WOUNDS TRlN AND TAPER IN<::~RECT CORRECT :mEE COLlAR PRUNING DAMAGED BRANCHES CORRECT Source: ppblic Facilities Manualt Vol. ill, Fairfax Co., Va., 1976. 3.38 Plate 3.38~8 4) Formulations and application rates shall conform to the guidelines given in Table 3.3S..A Maintain a ground cover of organic mulch around trees that is adequate to prevent erosion, protect roots, and hold water. ill - 412 I I I I I I I I I I I I I I I I I I I 1992 TREE FERTILIZATION DRIp LIIIE ~I _ ~ ~JN~(~ ~ DWlETER Of TOTAl.. ROOT AREA) SINCE FEW fEEDER _ _ _ ~ ROOTS AAE IN THIS AREA. -",,_-0 0 0-_ 1.. ,."" ...-c::.-- ; - -l:i - - ___ -.0--' ___ JIll. .,.. ~ _ '-_ c:> - __~ , .. 11~:: O~:. _ :'00 0 ~~}- ..... \c:::> ~ C> <0 c:> C> c:> '- C> ... c::> ./. ... , ,<0.... __ <0 c:>;" C:>/ 'c::>..... C> <0 c::::> .; /' ......, '--_ . c::> ~C::>__-6 .;/ .... ...........c:> ~ _ _ __ _Q.. ~ .....- :';:'-~:;h-:--~--_~--- .. - l.. EXTEND FEEDING CIRClE SLlGHllY BEYOND lHt DRIP UNE OF THETRE( HOLES SHOULD BE APPROXIMATELY 18" DEEP AND 2' NWrr, AND THEY SHOULD SLANT TCMARD THE TRUNK. Source: Tree Maintenance, Pirone, 1979. 3.38 Plate 3.38-9 III - 413 - ...I 0 ...I ... :c .- J: <C >< w I :J: > I- 0:: w a:I 1-1 ...I wd201j;> 9002 '22 qaj .8 c:: :25' ~:t :.::::<: Q.. '-.,;. Q..tJ ~ '- Ol.t:l c:: lI) 'c: a 2- QJ~ ec: c ~:t c::-o ::J c C c u-E QJ c i::""", ~~ E '_ QJ~ :90;;.. ~ c:: ~ an o ....... an '1"'4 ....... ClO 699\ ]OIi-L1ap!s.?C1 6UIUOZd...l\OMP\2B . '6MP'^OJ28699\ . ~]/,DJ ,awuN ,no,(ol E E 8 8 vi uj ~ a 0..: U <II Ev) ::j ~ ~ ~~ ~ ~~:<: g)~(\Va E<-lg).s~ <-l"'~~:t:: ~~~ill~ Vl~th;;;;8 ~o:s~s: ""5 '0I8Vl <II~ '(\Ve "'~~~:l':t::o'';; ClJ!',lg-l<..; _. Co =::: 'al '" !ij ~ ~ ill ~ .Jl " J: ...., ill .::., ~ ~ :t:: " " ~ I.... t; ij. 1j oE uj .g ~ ~ ~ ~ &l .g ,;,: J!! 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Jefferson St. Charlottesville, VA 22902 RE: ZMA 2005-00005 Liberty Hall (Cross Property) - Sign # 69 Tax Map 56, Parcels 97 A, 97 AI, and 97 (portion of) Dear Mr, Pohl: The Albemarle County Planning Commission, at its meeting on February 21, 2006, unanimously recommended denial of the above-noted petition to the Board of Supervisors. The Commission noted that critical slope disturbance, along with erosion and sediment control measur s adjacent to those slopes, have not been adequately resolved with the latest revised plans. Please be advised that the Albemarle County Board of Supervisors will review this petition and receiv public comment at their meeting on March 15, 2006. Action on Waiver from Section 4.2 Critical Slopes: The Commission unanimously denied the waiver request from Section 4.2 Critical slopes for ZMA-2005-005 Liberty Hall. Action on Waiver from Section 4.12.9(a) On-Street Parkin!!: The Commission, by a 4:2 vote, approved the waiver request from Section 4.12.9(a) On-Street Parking for ZMA-2005-005 Liberty Hal, subject to the following conditions as listed in the staff report 1. The parking calculations on page 30 in the Code of Development must be revised to indicat the residential units require a total of 48 spaces rather than 50 spaces, Since the condominiu not have on-site parking they require 2 spaces per unit. 2. Note on the Plan that the commercial building in Block 1 is limited to uses that require no ore than 1 space per 200 square feet of net office floor area. 3. Note on the Plan that an instrument assuring the maintenance of the 18 shared spaces mu t be recorded when the Block is subdivided or converted to a condominium regime. 4. A note placed on the plan that reserves the area next to the parking lot for future parking. Pohl ZMA-2005-005 Liberty Hall March 3, 2006 Radford Lane/Road A - Action on Waiver from Section 14.422 Sidewalks and Plantinl! Strips: The Commission, by a 5:1 vote, approved the waiver request from Section 14.422 Sidewalks and Planting Strips as recommended by stafffor Radford Lane/Road A in ZMA-2005-005, Liberty Hall. Road B - Action on Waiver from Section 14.422 Sidewalks and Plantinl! Strips: The Commission, by a 4:2 vote, denied the waiver requests from Section 14.422 Sidewalks and Planting Strips for Road B in ZMA-2005-005, Liberty Hall because there is no need to approve the proposal at the maximum range due to the critical slope and density issues and the road has to be widened. The Commission noted that this denial means that the applicant has to put in the sidewalk and the planting strip unless the Board changes it. If you should have any questions or comments regarding the above noted actions, please do not hesitate to contact me at (434) 296-5832. Sincerely, t~~ Rebecca Ragsdale Senior Planner Planning Division RAR/aer Cc: Coble, Edsel Max & J Arlene Coble Trustees of the Coble Living Trust 682 Radford Lane, Charlottesville, V A 22903 Cross, Robert AI & Jeanne Kerr Cross (Coble Living Trust) 610 Radford Lane, Charlottesville, VA 22903 Ella Carey Amelia McCulley Jack Kelsey Steve Allshouse Exhibit F COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZMA 2005-000 Liberty Hall (Cross Property) STAFF: REBECCA RAGSDALE SUBJECT /PROPOSAUREQUEST: Liberty Hall is a request to rezone 8.01 acres from R-1 to Neighborhood Model for residential and office uses. PLANNING COMMISSION DATE: February 21, 2006 Public Hearing BOARD OF SUPERVISORS DATE: March 15, 2006 APPLICANT/OWNERS: Weatherhill Development, with Timmons Group as the consulting engineer, is the applicant; Robert & Jeanne Kerr Cross and Edsel Max & Arlene J. Coble are the property owners, PROPOSAL: The area to be rezoned is located in Crozet, near Radford Lane and Route 250, adjacent to Clover Lawn and behind the Masonic Lodge, The applicant is requesting to rezone 8,01 acres from R-1 Residential to the Neighborhood Model Zoning District to allow for an office building and 53 residential units 53 residential units comprised of 8 apartments (7 affordable), 35 townhouses, and 10 single family detached units. Several waivers have been requested for critical slope disturbance on-street parking, and Subdivision Ordinance street section requirements for a planting strip and sidewalks. BACKGROUND: The applicant submitted a rezoning application in May which has been revised several times after comments from staff, A work session was held with the Planning Commission and discussion included several topics: Design and layout, Residential density, Amenities and green space, Mixtur of uses, Mixture of housing types, Interconnections, Affordable housing, and Off-site impacts and Proffers. The applicant submitted revisions addressing input received during the work session and other staff comments. Revisions include reduced parking in Block 1, additional amenity provisions, and revised proffers including an overlot grading plan. Also submitted were three waiver requests f r critical slopes, on-street parking, and street section requirements, DISCUSSION/FINDINGS: Staff has identified the following factors favorable to the rezoning request: o The rezoning is generally in keeping with the Crozet Master Plan. o The proposed use provides for a mixture of housing types in this part of Crozet. o Residential uses are supported by a pedestrian network, public services (schools, fire, and rescue services) and close proximity to future shopping. o The existing c. 1950's house is being preserved. o Affordable housing is being provided, Staff has identified the following factors unfavorable to the rezoning request: o Two blocks of the development have a higher net density than what the Crozet Master Plan calls for; however other parts of the development are not at maximum density. o Critical slopes will be impacted and Engineering does not recommend approval of a waiver for disturbance, o Affordable housing does not quite meet the recommendation of 15 percent of the total number of units from the Comprehensive Plan; however, the applicant has verbally indicated they would be willing to provide an additional affordable unit to meet the 15%, RECOMMENDATION: Staff does not recommend approval of ZMA 05-05 because issues related to critical slopes and stormwater management have not been resolved with the latest revisions to the plan, ZMA ;?OO~-OUOO'i Llbe'.ty H,,'i i,Cross Properly STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: Rebecca Ragsdale February 21 , 2006 March 15, 2006 ZMA 2005-05 Liberty Hall (Cross Property) FOLLOW-UP FROM PLANNING COMMISSION WORK SESSION-JANUARY 17, 2006 BACKGROUND: The Planning Commission held a work session on January 17, 2006 to provide input to staff and the applicant on several discussion topics. (Attachment A)The applicant submitted revisions to the Plan, Code of Development, and Proffers based on input provided by the Commission. (Attachments B, C, E) The applicant has also provided architectural drawings and has made three waiver requests. (Attachment D, H-M) PROPOSAL: The area to be rezoned is located in Crozet, near Radford Lane and Route 250, adjacent to Clover Lawn and behind the Masonic Lodge. (Attachments A and B) The applicant is requesting to rezone 8.01 acres from R-1 Residential to the Neighborhood Model Zoning District to allow for an office building of approximately 13,500 square fee in size and 53 residential units comprised of 8 apartments (7 affordable), 35 townhouses, and 10 single family detached units. Waivers have been requested for critical slope disturbance, on-street parking, and Subdivision Ordinance street section requirements for a planting strip and sidewalks CROZET MASTER PLAN: Liberty Hall includes portions of CT3 Edge and CT 4 General within Neighborhood 4 of the Crozet Master Plan. Residential densities for the project are below. Liberty Hall Residential Density Crozet Transect Density Acres Net Acres CT 3 (3.5, 4.5, 6.5/acre) 5.96 4.77 CT 4 (4.5,12/acre; 18/acre mix use) 2.05 1.64 Total 8.01 6.41 Notes: Net acreage is 80% project area, Max Master Plan Units 30.99 29,52 60.51 Units Proposed 31 22 53 Densit) 6,50 13.41 At the Planning Commission work session on January 17, 2006, staff discussed proposed density with the Commission and the Commission generally agreed that additional density in one area was acceptable because density had not been maximized. Staff is concerned about the density, though, in light of the comments frorr the staff Engineer regarding disturbance of the critical slopes and lack of adequate on- site area for erosion and sediment control measures. Staff notes that the recommended net densities from the Land Use Plan are guidelines and should be considered in the context of the full recommendations for the land use categories. For more guidance on the expectations for the CT3 and CT4 categories, staff has looked to the Land Use Table 1 in the Crozet Plan. In that table, staff has ZMA 20C5-()OGU5 Liberty Hal (Cross Property) looked for general conformity between the Code of Development and the Master Plan. In most areas, the proposal meets the recommendations; however, in three places it does not. In the CT3 area, the proposal shows 60% maximum lot coverage, however, the Master Plan shows 40% maximum lot coverage. In the CT4 area, the proposal shows 60% maximum lot coverage which is consistent with the Master Plan. Building heights are recommended to be 2.5 stories with 3 stories by exception. Three story buildings are shown in both the CT3 and CT4 areas. Staff would suggest that the intensity of development in the CT3 area may be in excess of the expectations for these areas. However, in the case of the CT 4 area of the project, the office building is proposed immediately adjacent to the CT 5 area of the Neighborhood and the intensity of development is appropriate. CHANGES TO THE PLAN: At their meeting on January 17, the Planning Commission found the mixture of uses, mixture of housing types, residential density, and interconnections to be appropriate. Changes requested by the Commission are noted below by discussion topic and the applicant response and staff response is indicated. Design- The Planning Commission raised concerns about the proposed front loaded garages in interior blocks of the project. The applicant has indicated that garages have been located facing the side of lots where possible for single family units and it is stipulated in the Code of Development that the garages on the single-family lots must be recessed from the minimum front setback. The applicant has provided architectural elevations of the residential units proposed for the interior blocks of the project. The townhouse units will be three stories with entry and two-car garages at street level. (Attachment D) The Crozet Master Plan suggests 1-2 stories from main entry and 2.5-3 stories by exception for building heights in the CT 3 areas. Staff recognizes that not all projects will be able to achieve a layout that allows for every residential unit to have parking/garages rear loaded. The applicant was able to provide this in Block 1. The layout for Liberty Hall has been centered around the existing house and providing a centrally located park area in Blocks 3 and 4. It appears the applicant could possibly have designed an alley for rear-loaded garages to serve the units in Block 4 but would not achieve as much amenity area in that block. The architectural elevations show an effort to add details to the garage doors to breakup the repetitiveness of the garage doors of the townhouses and add variety. This information was submitted by the applicant following the work session in January and has not been incorporated into the Code of Development. If the Planning Commission finds this an appropriate way to address the issue of the garage doors, then the applicant should provide for this in the Code of Development. Amenities and green space- The Planning Commission indicated there should be more functional neighborhood amenities provided. It was suggested that the applicant discuss the placement of stormwater detention underground with Engineering staff and to further reduce surface parking in Block 1. The applicant has made revisions to amenities in Block 1, Block 2, and Block 6. (Figure L2-Attachment C) Staff finds that the details provided by the applicant for each amenity ZMA 2005-00005 L'bi,I~Y Hall ,Cross Propei'tYI " area, including a tot lot, recreational playing field, and walking path, demonstrate the functionality of each amenity. The amenity acreage for the whole project has increased from 1.65 acres or 20.8% of the project area to 1.95 acres or 23.7%. Overall, the green space and amenities plan has improved with the revisions. Comments on specific changes are noted below by block. Block 1-The applicant has reduced parking in Block 1 by 7 spaces to add to the amenities in that block to provide a picnic area adjacent to the buildings and parking lot. The amenity area in this block has been increased from 0.42 acres to 0.48 acres. The reduction in parking spaces has increased the percentage of shared parking in the block and Zoning will only approve the shared parking agreement if the picnic area is reserved for future parking if needed. In addition, the parking lot travel aisle does not meet the Zoning Ordinance requirement of 24 feet and will need to be modified to meet County standards. The alley proposed in Block 1 does meet the alley standard in the Design Standards Manual. Final plans will need revision, likely decreasing the picnic area. Staff believes, given the other amenities provided in the project, even with the loss of this picnic area, amenities are sufficient. Block 2- The amenity area in Block 2 has been increased from 0.25 acres to 0.40 acres and now includes a trail providing possible future connection to the adjacent greenway as shown on the Crozet Master Plan Green Infrastructure Map. The proposed trail in . Block 2 now provides for future opportunities to connect this neighborhood in Crozet to trails leading to Lickinghole Creek. . Block 6-The applicant has consulted with Engineering and revised the stormwater management plan to place the pond between Blocks 5 and 6 underground to now provide an open field area for play. However, staff is concerned that the grading proposed may not allow a level playing field and suggests the applicant address this in the Code of Development. Off-site impacts and Proffers- The Planning Commission discussed the four proffers submitted by the applicant and made several suggestions at their meeting in January. : The Commission suggested that the cash proffer amount be increased for consistency with recent rezonings approved. There was discussion regarding the timeframe in the: affordable housing proffer. The Commission suggested the proffer be reworded to ' extend the time for the County to find a buyer for the affordable units. The Commissior;, suggested that the proffer for the contribution to a traffic signal on Route 250 be : revised to also allow the contribution to be used for a possible traffic signal at the proposed Eastern Avenue location by Cory Farm. The applicant has submitted revised proffers which have incorporated the Commission's comments and additional comments from staff. (Attachment E) 1. Cash Contribution-A cash contribution to the County of $147,200 is provide~ for transportation, schools, libraries, fire, rescue, and parks. This proffer was revised to that increased amount following the work session. 2. Affordable Housing-This proffer has been revised since the work session to: extend the time period in which the County has to provide a buyer for the units. However, the Director of Housing has indicated that this is not necessary and will be at the Planning Commission meeting to further explain and answer the Commission's questions. Seven units are proffered as ' affordable which represents slightly less than 15 percent based on the total: of 53 units proposed with this rezoning. Seven is 15 percent of the 46 market-rate units. The applicant has indicated they would be willing to Zl'vlA 2005-00005 L,berty Hall (Cross ProoerlYI provide the additional unit as affordable for a total of 8 affordable units and 15 percent of the total number of units in the project, which is the strategy in the Comprehensive Plan. 3. Contribution to traffic signal- This proffer has been revised so that the contribution can be used towards a signal on Route 250 at Radford Lane or where the future Eastern Avenue is located. 4. An overlot grading plan has been proffered at the suggestion of staff since the work session. The language of this proffer is consistent with previous proffers and reflects staff recommended language. Schools serving Liberty Hall are Brownsville Elementary, Henley Middle, and Western Albemarle High. The Fiscal Impact Analysis provided by the County's Fiscal Impact Analyst is attached. The applicant is proffering a total of $147,200 to mitigate impacts from this development, which is about $3,000 per market rate unit. This is consistent with the proffers accepted for the recent Wickham Pond rezoning approved in Crozet. The proffers appear adequate to address impacts from the development. They have been reviewed by the County Attorney but are not in their final form. Some additional minor wording revisions are needed Waiver Reauests: Section 8.2 Planned Development District regulations allow applicants to request that any requirement of sections 4, 5 and 32, or the planned development district regulations be waived or modified if it is found to be inconsistent with planned development design principles and that the waiver or modification is consistent with the intent and purposes of the planned development district under the particular circumstances. The applicant has submitted three sets of waiver requests for the Liberty Hall proposal under these provisions: Zoning Ordinance Section 4.2 Critical Slopes During the course of this project's review several critical slopes waiver requests have been submitted to Engineering for review, most recently with the revised plan. (Attachment F) Critical slopes impacted that require a waiver by the Planning Commission are located in Block 2. The critical slope waiver request has been reviewed. The engineering analysis of the request follows: Description of critical slope area and proposed disturbance: The critical slopes on this site are along the edges of Clover Lawn Village next to the road and stormwater basin, and at the beginning of a swale northeast of the site. Disturbances are for the road improvements, and for residential units at the northeast corner. Areas Acres Total site 8.1 Critical slopes 0.24 3% of site Critical slopes disturbed 0.11 46% of critical slopes ZMA 2005-00005 Liberty Hall (Cross Proper!y) Exemptions to critical slopes waivers for driveways, roads and utilities without reasonable alternative locations: The critical slopes being disturbed next to Clover Lawn Village for the roadway improvements are exempt. The proposed disturbances are necessary to provide access to the site that meets the County standards. The remaining slopes disturbed in the northeast corner are indicated in the graphic below. AREA IX .'--'" CR, nC.4( SL (JI.-"l[ -"\ " The grading from the road has been reduced slightly further, and grading for the lots is no longer shown (although it may still occur with the building permit and house construction.) A diversion dike has been proposed to protect the remaining slopes by diverting water to a sediment trap on the adjacent property. The plan shows the left side of the diversion dike flowing uphill and across the road and access to the adjacent property which would be very difficult to accomplish in the field. It is likely a sediment trap will still be necessary in this corner. Compliance with Zoning Ordinance 18-4.2: "movement of soil and rock" Proper slope construction, control of drainage, and vegetative stabilization will prevent any movement of soil. However, it is noted that a steep fill slope is being placed over the critical slopes, and thereby increases the chances for slope failure. "excessive stormwater runoff' Stormwater runoff will be increased by establishment of yards, steep fill slopes, and impervious rooftops. This area of the site is not captured by stormwater management. "siltation" This area of the site is very close to the property line. It is doubtful whether adequate sediment trapping measures can be installed to prevent downstream erosion during construction. ZMA ;'()():,-Q0005 Llbeliy Hail (Cross Property) I r:. "loss of aesthetic resource" The area to be disturbed is minimal, but the disturbance is proposed for the outer limits of a band of critical slopes shown on the Crozet Green Infrastructure Map and Open Space Plan. "septic effluent" This is not a concern as the site will be serviced by public sewer. Based on the review above, Engineering staff has recommended that the plan for residential units be modified so as not to disturb critical slopes in the northeast corner. Attempts have been made to fine tune the grading plan in this area and reduce critical slope disturbances. It is unclear how effective this will be in the field. The critical slope disturbances on the plan are fairly small. Without moving the road and reducing the area for the lots, no other alternatives appear feasible. Zoning Ordinance Section 4.12.9(a) On-Street Parking Parking calculations are provided in the Code of Development. (Attachment B, page 30) The applicant revised their parking plan for Block 1 following the Planning Commission work session in January to provide more amenities for the block. Parking in this block is provided by a surface parking lot located in the southwest corner of the block and on-street. The required parking in this block is 104 spaces. The parking lot provides 43 spaces (reduced from 50 spaces) to serve the apartment units 10,11, 21,22 and the office building. The Zoning Administrator has authorized a parking reduction in this block based on shared parking per Section 4.12.10 for the parking lot. Parking for town house units 3-9 and 14-15 are provided by two-car garages. Parking for apartment units 1,2, 12,and 13 will be provided on-street. Four spaces are shown on the west side of Radford Lane (Road A) and 9 spaces are shown on the south side of Road B for a total of 13 spaces. (Attachment C-Figure 2)These spaces meet required parking for units 1,2,12,13 in the block and a waiver of Section 4.12.9(a) must be granted by the Planning Commission to allow on-street parking to meet minimum parking requirements that does not abut the lot that the space serves. These spaces are located approximately fifty feet or less from the units. The applicant has requested that these spaces be counted as required parking. (Attachment I) Zoning and planning are supportive of the waiver request, subject to conditions of approval related to the shared parking agreement: 1. The parking calculations on page 30 in the Code of Development must be revised to indicate that the residential units require a total of 48 spaces rather than 50 spaces. Since the condominiums do not have on-site parking they require 2 spaces per unit. 2. Note on the Plan that the commercial building in Block 1 is limited to uses that require no more than 1 space per 200 square feet of net office floor area. 3. Note on the Plan that an instrument assuring the maintenance of the 18 shared spaces must be recorded when the Block is subdivided or 7.MA ;>0QS-C0005 Liberty Hall ,Cross f'ropcrty I converted to a condominium regime. 4. A note placed on the plan that reserves the area next to the parking lot for future parking. Subdivision Ordinance Section 14-422 Sidewalks and Planting Strips The applicant has submitted waiver requests to Section 14-222 of the Subdivision Ordinance which requires an urban street section with five foot sidewalks and six foot planting strips with street trees on all new streets. The applicant has provided a justification and has described the circumstances of the project along two road sections within the project that necessitate the waivers. (Attachment K) The first waiver request is to the section of street that is from Radford Lane (Road A) to its intersection with Road B. The applicant is making road improvements within the existing easement of Radford Lane and is unable to use property that is not part of Liberty Hall. In this area, a sidewalk is only proposed on the east side of the street. The street section from Route 250 to Clover Lawn would not include a planting strip and the rest of the street to Road B would include a 3-foot planting strip on the east side of the street. (Attachment M) The second waiver request is to a section along the south side of Road B from Road A/Radford Lane behind Clover Lawn to the property line. No sidewalks or planting strips are proposed on this side of Road B. (Attachment M) Sidewalks In reviewing a request to waive the requirement for sidewalks, the commission shall consider several criteria as noted in Section 14-222E(2). (Attachment L) Not all criteria will be applicable nor do all criteria have to be met for a waiver to be granted. Liberty Hall is requesting that sidewalk waivers be granted on a section of street along Road A and a section of street on the southern side of Road B. They are also requesting a waiver of the planting strip requirements on those same sections. An evaluation of how Liberty Hall meets the criteria follows. In granting a waiver, the Commission must consider whether: (i) a waiver to allow a rural cross-section has been granted; The applicant is not requesting rural cross-sections on either Road A/Radford Lane or on Road B. (ii) a surface other than concrete is more appropriate for the subdivision because of the character of the proposed subdivision and the surrounding neighborhood All sidewalks provided will be concrete and 5 feet in width. (iii) sidewalks on one side of the street are appropriate due to environmental constraints such as streams, stream buffers, critical slopes, floodplain, or wetlands, or because lots are provided on only one side of the street; ZMA 200500005 Liberty Hal! ,Cross Property i The section of Radford Lane where sidewalks are not proposed is on the west side in front of the Masonic Lodge property. The constraint in this case is not environmental but the applicant is limited by the right-of-way of Radford Lane and the Lodge does not wish to have a sidewalk constructed by the applicant on their property. The southern side of Road B from its intersection with Road A eastward is the other place where sidewalks are not proposed. Road B is proposed as a 45 foot right-of-way at this location and as 54 feet in the portion of Road B westward from its intersection with Road NRadford Lane. In this case the ROW is less and sidewalks are not provided because the applicant has tried to maximize the number of units that can be achieved in Block 2 by shifting them down out of the critical slopes in the northern part of the block. Staff believes that, for this section, the applicant could expand the right-of-way to provide a sidewalk. The applicant desires to achieve greater density in this block. Staff is sympathetic to this but notes that density alone is not a sufficient reason to exclude sidewalks from the street section. (iv) the sidewalks reasonably can connect into an existing or future pedestrian system in the area; The sidewalk is provided on one side of Radford Lane to Route 250 on the east side but is not provided all the way to Route 250 on the west side adjacent to the Lodge. If the Lodge property develops in the future, than the sidewalks provided by the applicant can easily connect to those that would be built on the Lodge property. For the section on Road B, sidewalks could connect into future development behind Clover Lawn to the east of Liberty Hall. (iv) the length of the street is so short and the density of the development is so low that it is unlikely that the sidewalk would be used to an extent that it would provide a public benefit; In both portions of roadway involved, a sidewalk is provided on one side of the road. It is anticipated that a sidewalk along Radford Lane/Road A would be used to reach future shopping planned for the neighborhood. The portion of Road B from its intersection with Radford Lane/Road A does not connect to a destination but to a CT 3 area of the neighborhood which abuts the Rural Area boundary. It is possible that the CT3 area may develop in such a way that sidewalks on both sides of the street would be needed. (vi) an alternate pedestrian system including an alternative pavement could provide more appropriate access throughout the subdivision and to adjoining lands, based on a proposed alternative profile submitted by the subdivider; Alternate pedestrian access is not proposed. Access on one side of the street will be provided. ZMA 2005-00005 L'bel1y Hall (C'OSS Property; (v) the sidewalks would be publicly or privately maintained; All sidewalks in the development will be in the public road right-of-way. (vi) the waiver promotes the goals of the comprehensive plan, the neighborhood model, and the applicable neighborhood master plan; and In the case of Radford lane, the request is not promoting the applicable goals bl t is being made due to right-of-way constraints. In the case of Road B, however, the only goal would be to promote density. Not requiring sidewalks to provide greater density seems counter-intuitive and the greater the density, the greater the need for sidewalks. (ix) waiving the requirement would enable a different principle of the neighborhood model to be more fully achieved. In approving a waiver, thE commission shall find that requiring sidewalks would not forward the purposes of this chapter or otherwise serve the public interest; and granting the waiver would not be detrimental to the public health, safety 0 welfare, to the orderly development of the area, to sound engineering practices, and to the land adjacent thereto. The waiver for Radford Lane/Road A is a result of the lack of right-of-way at this location and the need to upgrade the road to public standards. Sidewalks are desirable at this location but one is provided on the other side of the road and th ~ opportunity exists to have the sidewalk constructed in the future. Staff believes the criteria are met. Regarding the waiver of the sidewalk requirement on one side of Road B, staff i~ unable to find adequate criteria at present to recommend approval of this waiver with the rezoning. Planting Strips Waivers to the requirement for planting strips are requested in the same section as the sidewalk waiver requests and along a section of Radford Lane where a sidewalk is provided. In reviewing a request to waive any requirement for planting strips, as authorized by Section 14-222F(2), the commission shall consider whether: (i) a waiver to allow a rural cross-section has been granted; The applicant is not requesting rural cross-sections on either Road A/Radford Lane or on Road B. (ii) a sidewalk waiver has been granted; A sidewalk waiver is requested for the portion of Road A/Radford Lane on the west side adjacent to the Masonic Lodge and a sidewalk waiver is requested for a portion of Road B located behind Clover Lawn. lMA ;'OG5 C'uI)05 Libe(:y H~II ,Cro~.s Pr0pecty' (iii) reducing the size of or eliminating the planting strip promotes the goals of the comprehensive plan, the neighborhood model, and the applicable neighborhood master plan; and Eliminating the planting strip and sidewalk requirement on Radford Lane does not foreclose on the opportunity to develop it at a future date when the Lodge property redevelops. The east side abutting Clover Lane includes sidewalks of standard width and a reduced planting strip of 3 feet is provided. The east side adjacent to the Clover Lawn Basin does not include a planting strip and this is the widest portion of Road A. Eliminating the planting strip on Road B does not promote the goals of the Comprehensive Plan. It is a result of the applicant maximizing the lots that can be achieved in that block. (iv) waiving the requirement would enable a different principle of the neighborhood model to be more fully achieved. In approving a waiver, the commission shall find that requiring planting strips would not forward the purposes of this chapter or otherwise serve the public interest; and granting the waiver would not be detrimental to the public health, safety or welfare, to the orderly development of the area, and to the land adjacent thereto. Streetscape elements are important to create the Neighborhood Model goal of neighborhood friendly streets and paths. Trees, usually planted in grassy strips of land between the curb and the sidewalk, provide a softened appearance to streets and enhance the quality of the walk for pedestrians. Trees also provide a barrier between the pedestrian and a moving car. Since a sidewalk is provided on the both sides for half this section of street and a sidewalk will extend on one side to Route 250 and may be provided in the future if the Masonic Lodge redevelops, staff feels the waiver is appropriate for this section. The applicant does not have room to provide the required six feet of planting strip so the waiver of the planting strip requirement with the condition that the shrubs be provided as shown is appropriate The waiver will also enable a public road to be constructed at this location. In addition, the ARB indicated a preference for no street trees on Radford Lane at its intersection with Route 250 and Entrance Corridor. No detrimental effects have been identified that would result from the lack of street trees at this location. Road B-The waiver at this location does not forward a different principle of the neighborhood model. No detrimental effects have been identified that would result from the lack of street trees at this location SUMMARY Staff has identified the following factors favorable to the rezoning request: o The rezoning is generally in keeping with the Crozet Master Plan. o The proposed use provides for a mixture of housing types in this part of Crozet. ZMA 2005-00005 Libelly HalllCross Property} ~ 1 o Residential uses are supported by a pedestrian network, public services (schools, fire, and rescue services) and close proximity to future shopping. o The existing c. 1950's house is being preserved. o Affordable housing is being provided. Staff has identified the following factors unfavorable to this request: o Two blocks of the development have a higher net density than what the Crozet Master Plan calls for; however other parts of the development are not at maximum density. o Critical slopes will be impacted and Engineering staff does not recommend approval of a waiver for disturbance. o Affordable housing does not quite meet the recommendation of 15 percent of the total number of units from the Comprehensive Plan; however, the applicant has verbally indicated they would be willing to provide an additional affordable unit to meet the 15%. RECOMMENDATION: Staff cannot recommend approval of this rezoning of 8.01 acres from R 1 to NMO at this time because critical slope and stormwater management issues have not been adequately resolved with the latest revised plan. The intensity of development may need to be scaled back to accommodate measures in portions of the site. Should the Planning Commission choose to recommend approval at this time, the following changes should be made: o Proffers should be revised to include 15 percent affordable housing units and other minor changes to the wording of the proffers should be made. o The code of development should be revised to reflect parking changes and incorporate architectural details provided. o The application plan should be revised to reflect the Ordinance required parking lot dimensions and Zoning notes regarding parking. Waivers: Staff cannot support the waiver of Zoning Ordinance Section 4.2 for critical slope disturbance. Staff recommends approval of the waiver to allow on-street parking to meet required parking for units 1,2, 12, and 13 in Block 1 of the project, in accordance with Zoning Ordinance Section 4.12.9(a) On-Street Parking. Staff recommends approval of the Subdivision Ordinance Section 14-422 for Radford Lane/Road A: Staff supports the waiver to sidewalks and planting strips for the section of Road A/Radford Lane adjacent to the Masonic Lodge and recommends approval of a waiver of Section 14-4222(A) for this portion of the street. Staff supports the planting strip waiver for the east side of Radford Lane/Road A to its intersection with Road B and recommends approval of the waiver of Section 14-222(0). ZMA 2005-00005 Liberty H~IIIC;'oss rrope(~y: " Staff does not recommend approval of the Subdivision Ordinance Section 14-422 waiver requests for Road B: Staff does not support the waiver of Section 14-4222(A) and 14-222(0) for the southern half of Road B adjacent to Clover Lawn and does not recommend approval at this location. ATTACHMENTS: NUM-1~.(f<-t'l S'efCi-("(;t.fdy A. Planning Commission Staff Report, January 17, 2006 . B. Liberty Hall Code of Development - A1bdletl at I?uk.- ~ ptz.ckL+- C. Liberty Hall General Development Plan D. Architectural Figures E. Liberty Hall Proffers F. Fiscal Impact Analysis G. Traffic Impact Analysis H. Critical Slopes Waiver Request I. Parking Waiver Request J. Section 4.12.9(a) Zoning Ordinance K. Subdivision Ordinance Waiver Request L. Section 14-222 Subdivision Ordinance M. Subdivision Waiver Request diagram ZMA 20D5-00005 Llberij Hali (Cross Property) ",.j , A--Ift~,tll11e~tl(- A- COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZMA 2005-000 Liberty Hall (Cross Property) STAFF: REBECCA RAGSDALE SUBJECT/PROPOSAL/REQUEST: Liberty Hall is a request to rezone 8.01 acres from R-1 to Neighborhood Model which is currently under review. A work session with the Planning Commission has been scheduled to provide preliminary feedback to the applicant. PLANNING COMMISSION DATE: January 17, 2006 Work Session February 14, 2006 Public Hearing BOARD OF SUPERVISORS DATE: Not scheduled APPLICANT/OWNERS: Weatherhill Development, with Timmons Group as the consulting engineer, is the applicant; Robert & Jeanne Kerr Cross and Edsel Max & Arlene J, Coble are the property owners. PROPOSAL: The area to be rezoned is located in Crozet, near Radford Lane and Route 250, adjacent to Clover Lawn and behind the Masonic Lodge. (Attachments A and B) The applicant is requesting to rezone 8.01 acres from R-1 Residential to the Neighborhood Model Zoning District to allow for an office building and 53 residential units comprised of 22 condominiums (7 affordable units), 21 townhouses, and 10 single family detached units. BACKGROUND: The applicant submitted a rezoning application in May which has been revised several times after comments from staff. In advance of the public hearing scheduled for this rezoning in February, this work session is planned to familiarize the Planning Commission with the project and to discuss several issues that would benefit from advance input. DISCUSSION/FINDINGS: Staff and the applicant are seeking general guidance from the Commission on the proposal. Specifically, staff poses the following preliminary discussion topics: 1. Design and layout 2. Residential density 3, Amenities and green space 4, Mixture of uses 5, Mixture of housing types 6. Interconnections 7. Affordable housing 8, Off-site impacts and Proffers RECOMMENDATION: The Commission is asked to provide feedback on the rezoning proposal and input on the discussion questions asked. Once the Commission has weighed in on these issues the applicant will complete submittal for a public hearing. Z~,lA 2005-00005 Liberty HCllllCross Property! I/'/ork Session STAFF PERSON: PLANNING COMMISSION WORK SESSION: Rebecca Ragsdale January 17, 2006 ZMA 2005-0005 Libertv Hall Work Session APPLICANT'S PROPOSAL: The area to be rezoned is located in Crozet, near Radford Lane and Rout,e 250, adjacent to Clover Lawn and behind the Masonic Lodge. (Attachments A and B) The applicant is requesting to rezone 8.01 acres from R-1 Residential to the Neighborhood Model Zoning District to allow for an office building and 46 residential units comprised of 15 condominiums, 21 townhouses, and 10 single family detached units Petition: PROJECT: ZMA 2005-0005 Liberty Hall (Cross Property) PROPOSAL: Rezone 8.01 acres from R1 (1 unit/acre) Residential to to NMD Neighborhood Model District - residential (3 - 34 units/acre) mixed with commercial, service and industrial uses for up to 10,000 square feet of office use and up to 53 residential units (10 single family, 21 townhouses, 15 condominiums) PROFFERS: Yes EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Crozet Master Plan designates the property CT3 Urban Edge: single family residential (3.5-6.5 units/acre) supporting uses such as religious institutions and schools and other small-scale non-residential uses, and CT4 Urban General: residential (4.5 units/acre single family, 12 units/acre townhouses/apartments, 18 units/acre mixed use) with supporting uses such as religious institutions and schools and mixed uses including retail/office ENTRANCE CORRIDOR: Yes LOCATION: Tax Map 56, Parcels 97A, 97A1, and 97 (portion of) at the intersection of Radford Lane/Rockfish Gap Turnpike (Rt. 250 W) MAGISTERIAL DISTRICT: White Hall Purpose of Work Session: A tiered rezoning review process is recommended by the Crozet Master Plan to provide developers with guidance and feedback from the Planning Commission earlier in the rezoning process. In the initial review step of this process, which is this work session, an overall finding of consistency (or inconsistency) with the Crozet Master Plan would be made. The consistency finding should be based on the consideration of the land use program, densities and intensities, as well as general site layout. In this case, staff has suggested ten topics of discussion with questions for the Commission to answer in order to provide guidance to the applicant on their proposal. These topic areas include: Design and layout, Residential density, Amenities and green space, Mixture of uses, Mixture of housing types, Interconnections, Affordable housing, and Off-site impacts/Proffers. Z~Jh :>"')IJ5-U'.:{)J5 Lr-1t::t/ H<ll! (Cr('~~s PropE:rty) \I\/ork Session 2 Backaround: There is no planning or zoning history for the properties proposed for rezoning. Records indicate they were zoned Agricultural prior to 1980 and were rezoned to R 1 with the Zoning Map adopted December 1980. Clover Lawn Village (ZMA 1999-11 & SP 2001-006), nearest Liberty Hall to the southeast was approved in December 2001 as a PD-MC (Planned Development- Mixed Commercial) with a special use permit allowing up to 29 residential units, including 24 townhouses and up to 5 units over the commercial space. As part of that rezoning, several proffers regarding Radford Lane were accepted that are relevant to the Liberty Hall rezoning request: a required connection to Radford Lane if it is improved, a dedication of right-of-way for Radford Lane, and a contribution to a traffic signal when warranted. Existina Conditions/Character of Area: The site is approximately 8 acres and is currently comprised of a combination of open meadow, grassed lawn, woodland, and garden. There is an existing house, outbuildings, and tennis court located on the site, dating to ca. 1950. Adjoining the property to the south is the Masonic Lodge, southeast is the Clover Lawn Village development, to the west is Cory Farm consisting of single family residential uses on one-third acre lots. Radford Lane is currently a private road serving several houses which would be upgraded with the Liberty Hall proposal. Across Route 250 from Radford Lane is a proposed commercial center, including a grocery store and the Blue Ridge Builder's Supply located beside it to the east. Bv-Riaht Use of the Property: The current zoning of the property is R-1 which would potentially allow 8 dwellings based on the density allowed in R 1 of 1 dwelling unit per acre and possibly up to 12 units with density bonuses. There is one existing dwelling on the property. Specifics of Proposal: The applicant proposes a Neighborhood Model development organized into 6 blocks as shown and described in the code of development and on the general development plan. (Attachments 0 & E) Block 1 is mixed use with a proposed office building and two rows of residential units oriented to the streets in the northeast corner of the block. Each row will consist of 7 townhouses and 2 condo units on the end of each row. A shared parking lot is provided for these uses and some on-street parking. Seven of the condo units will be provided as affordable housing. Green space/Amenities are provided between the townhouses and the office building. Blocks 2, 5, and 6 are on the perimeter of the project area and consist of residential uses oriented towards the street. An amenity is located at the end of Blocks 5 and 6. Blocks 3 and 4 are central to the project area and Z1M, 2005-00005 Ube.ty HClil (Cross Proi:'crty,1 'v'}ol'k S8S51011 consist of the existing residence in Block 3 and a row of 7 townhouses in Block 4, and two amenity/greenspace areas. The project's main access will be from Radford Lane, currently a private right-of- way off of Route 250, which will be relocated and improved as a public street. The location of improvements and location of Radford Lane have been reviewed and approved by VDOT, Three other streets will be built as public roads to an urban standard that could provide future interconnections to adjoining properties. Two sections of the proposed streets would vary from the County's standard street section on Radford Lane from Route 250 to the proposed Road B and the southern side of Road B, east of Radford Lane. Two existing ponds will be used for stormwater management, one in Clover Lawn Village, adjacent to Radford Lane and Route 250, and the other in the northwest corner of the project site. The applicant is still in the process of addressing engineering comments. Comprehensive Plan: Requests for rezonings in the Development Areas are assessed for conformity with the Neighborhood Model and the Land Use Plan. Crozet Master Plan The property is designated both CT 4 and CT 3 in Neighborhood 4 of the Crozet Master Plan. Based on the block layout proposed by the applicant, Block 1 is the area of the site designated CT 4, adjacent to the CT 5 area, and the majority of Blocks 2-6 are designated CT 3. CT 4 areas for Neighborhoods and Villages are described as the general area based on the transect of the neighborhood in the Master Plan, with the CT 5 area acting as the center and CT 3 areas as the edges of the neighborhood. CT 5 borders this property and includes the Masonic Lodge property and half of the Clover Lawn development from Route 250. CT 4 areas are intended to support centers with a variety of residential types and mixture of uses. Recommended net densities for CT 4 areas are 4.5 d.u./ac. for single family, up to 12 d.u./ac. for townhouses and apartments, and up to 18 d.u./ac. in a mixed use setting. Live-work units, home offices and commercial first floor with residential over are suggested as office/commercial use. CT 3 , areas are intended to be primarily residential at net densities between 3.5-4.5 units/acre, with up to 6.5 units/acre if accessory apartments added for 50 % of the residential housing stock. The total number of residential units based on acreage of the site and net densities would be 63.7 units and the applicant is proposing a total of 46 units. Three east to west road connections are shown on the Master Plan within the project area, including one from Cory Farm to Clover Lawn. The master Plan suggests one north-south connection within the project area in addition to the one already provided by Radford Lane. (see Master Plan inset below; page 7 Code of Development, Attachment E) D.1A 200500005 Liberty H?!I (Cross PrO,JE:rty) \Nark 5essl011 -1 ~ // ~ t ( ~. ';;1"'~oi,:;"t ..:. URBAN CENTER (eT 5) URBI~N GENER'\L [eT 4J URBAN EDGE leT 3J DEVElOPf.lENl AREA RESERVE leT 2] DEVELOPMENT AREA PRESERVE fer 11 .. r 0- CD ;::4.. '<. \ " /~- .. .}:.. ., \ I . '.r " -...I I . / ... " / ./ // .;/ " Crozet Master Plan Place- Type and Built Infrastructure Map Neighborhood 4 Liberty Hall area Neighborhood Model Staff has found that this proposal is in general conformity with the master plan based on analysis of the proposal against the 12 principles of the Neighborhood Model in the table below. Staff has particular aspects of the project to discuss with the Commission as to their level of conformity with the Master Plan and Neighborhood Model in the discussion section of this report. Pedestrian Sidewalks and paths are provided throughout the Orientation development and a sidewalk is proposed on one side of Radford Lane from Clover Lawn to Route 250. There are no other pedestrian improvements on Route 250 or crossings provided, should the shopping center across the road develop in the future. A crossing would be expected if this intersection is signalized in the future. Staff believes this principle is met except for where the sidewalk is not on both sides of Radford Lane. Neighborhood Low speed limits, and sidewalks buffered with street trees Friendly Streets will help create a safe environment throughout the new and Paths streets within Liberty Hall. Radford Lane to Route 250 will be improved to include sidewalks on both sides but street trees between the road and sidewalk are not proposed at the entrance. Interconnected There is a street pattern in the development that will DelA 2005-00005 liberty H~lll (Cress PrcpertYI \!\'ork Sessloll 5 Streets and Transportation Networks Parks and Open Space Neighborhood Centers Buildings and Spaces of Human Scale Relegated Parking Mixture of Uses M ixtu re of Housing Types and Affordability Redevelopment Site Planning that Respects Terrain eventually connect into the adjacent property Clover Lawn Village, and provide the potential for an east-west interconnection with Road B. Proffers with Clover Lawn Village require that development to connect to Radford Lane when it is improved. North-south connections are provided with the new Road 0 and with the improvement and relocation of Radford Lane from Route 250 to the boundary of the property, Road A on the plan. This principle is discussed further below. The applicant is proposing to provide almost 2 acres in open space and 1.65 acres in parks/amenities for residenh . These amenities include the plaza area in Block 1, the par~ adjacent to Blocks 3 and 4, the pond at the end of Blocks 5 and 6, and several other pocket parks. Further discussion on this principle is included below. A center for this development is provided by the centrally located park adjacent to Blocks 3 and 4and the centrally located plaza in Block 1. The CT 5 areas of Neighborhood~ in Crozet are intended to function as central focal points. In this case, Clover Lawn and the shopping area across Rout 3 250 will serve as the focal points in this Neighborhood. I Sidewalk connections are provided, with the exception of al pedestrian crossing of Route 250, which will help make these neighborhood centers relatively easy to get to for the residents of Liberty Hall. Staff believes this principle is met. This development with its single-family, townhouse residences, condos and office building will not exceed threl stories in height. The proposed size of the lots and yards will also help to keep the community on a human scale. All of these elements are included in the Code of Developmen . This principle is met. A majority of the residences will have garages. There is on shared parking lot in Block 1 for the office building/townhouse condo units. The the parking lot is relegated to the side of the townhouses and office building. There will also be some on-street parking available. This principle is met. There is a mixture of office and residential uses provided on-site with retail uses and civic uses within close proximity. This principle is discussed below. There are a variety of housing types within this developmer t including single-family, townhouses, and condos. The developer is providing seven affordable units which will be developed as secondary dwellings within a townhouse setting. This project is an example of a greenfield infill project. The applicant has indicated that streets and proposed lots have been designed to follow the contours of the land. Figure 7 of the proposed plan shows conceptual grading and the location of critical slopes. This issue is still under 1 D.1A 2005-00005 Libei-ty Hrll' (Cross Pr'J(,I(<ty! V\/ork Sesslc)Il 6 Clear Boundaries with the Rural Areas review in relation to stormwater management. The project site is entirely within the Crozet Development Area boundaries. The southern Rural Area boundary for the Neighborhood is across Route 250 and is just beyond Clover Lawn to the east and Cory Farm to the west. Neighborhood 4 from the Crozet Master Plan represents the only neighborhood in Crozet where the Development Area extends across Route 250, In the rest of Crozet Route 250 is the Development Area boundary with a buffer shown along the road. Discussion topics and Questions for the Plannina Commission: 1. Desian and layout Does the Planning Commission support the general layout proposed? The layout proposed divides the project area into 6 blocks with interspersed with green space and amenities: Three blocks consisting of rows of residential units are proposed around the perimeter and three internal blocks are proposed which include central features. Streets are laid out to form a grid pattern stemming from Radford Lane. (Attachment D & E) Staff believes the block pattern and street layout is consistent with that suggested by the Master Plan and Neighborhood Model and is appropriate. 2. Residential Density Does the Planning Commission find the proposal consistent with the Crozet Master Plan with regard to residential densities? Staff finds that overall the proposal is consistent with the land use designations and recommendations within the Crozet Master Plan. Overall density for the entire project, including CT 3 and CT 4 areas is 7 dwelling units per acre and for the entire project the applicant is proposing 10 fewer units than the Plan maximum densities would theoretically allow in the portion of Crozet. Theoretically densities would allow 63.7 units and the applicant proposes 53. Areas for discussion are the densities in Blocks 4 and 6. In Block 4 the Master Plan suggests 5.9 units and 7 are proposed. In Block 6, the Master Plan suggests 7 units and the applicant is proposing 14. In Block 1, the Master Plan suggests 37 units and the applicant is proposing 22. The result is 10 fewer units overall than the maximum densities in the Master Plan suggest. Staff believes the density blocks 4 and 6 are appropriate as they are not utilizing full density in Block 1 and are providing the recommended number of affordable units to meet the 15% goal in Block 1. 3. Amenities and areen space Are the amenities and green space the applicant is providing sufficient for the residential units proposed? lM/~ ~!OC:~-OC(:05 l ;berty Hall :Cross Property! '.!\lurf~ SeroSI(:" The Neighborhood Model proposes making open space integral to overall community design and should result in residents having convenient access to parks, public gathering places, and natural views whether they are at home, work, or play. The applicant has provided details regarding proposed green space and amenities planned for Liberty Hall. (Figure 5 and figure L 1 of the application plan-Attachment D pages 20 and 21 in the Code of Development- Attachment E) The proposal includes 24.5 percent green space and 20.6 perce t of the project areas would be dedicated to amenities. The majority of the green space areas are proposed as amenities, which is allowable in the Zoning Ordinance. In this proposal amenities would be provided in the form of several "pocket amenities" and a park in Block 2. Specifically, the amenities would include a seating wall and pedestrian plaza for Block 1 between the residential units and office building; the pond would be enhanced at the end of blocks 5 an 6 to include a walking trail and covered deck; central to the development in Blocks 3 and 4 would be the park with a fountain, seating, and play ground. Tw other smaller passive amenity areas are proposed for the green space between within Block 4 adjacent to unit 7 and within Block 2 adjacent to unit 3. In additio to the amenities that would be provided within Liberty Hall, residents would be within walking distance of the planned greenway along Lickinghole Creek just north of the project area. (inset below) The project is providing the minimum percentage of project area in amenities Staff believes, that while well thought out, some of the amenities are too small t meet the goals for amenities in the Neighborhood Model. Specifically, the two passive pocket parks proposed are relatively small at .04 acres and .25 acres with grading and critical slopes on the majority of the area. (refer to Figure 5 an L 1 of Attachment D) --- '-, i ... I r-. I"~ I, - n.; \(-;/ \ .- .; ~.- ~i ,,4. \ r j -~f~;:--{k;~~~ ':~ /~ Crozet Master Green Infrastructure Map Neighborhood 4 Liberty Hall area ZMA 2005-00005 LitJerty HC1l1 (Cross Property) \!\fork Sesslorl 3 4. Mixture of uses Does the Planning Commission find the mix of uses proposed in Liberty Hall appropriate? The Neighborhood Model allows and encourages compatible land uses side by side. This mixture is the key to the walkability of the neighborhood and to achieving the desired densities. Complementary uses, such as those that have staggered hours of operation, can make shared parking possible. The Neighborhood Model plans for compatible uses to be side by side. It is beneficial to be able to live in close proximity to work and to be able to walk to a store for a loaf of bread, a cup of coffee or a video. The Crozet Master Plan builds on this Neighborhood Model concept and provides general guidance as to appropriate uses by CT type. For neighborhoods, CT 3 areas are intended to have a limited mix of uses with residential as the primary use and uses supportive of residential such as child care centers and neighborhood convenient stores at corners. The applicant has provided only residential uses in the CT3 areas of the project (Blocks 2-6) which is consistent with the Master Plan. The applicant proposes Block 1 as a mixed use block with an office building and residential units adjacent. The language in the Master Plan for CT 4 areas suggests that the uses would be more integrated with live/work units. (see inset below) Office buildings are mentioned in particular as a use for the CT 5 land use areas, which is immediately adjacent to the office uses proposed. The applicant has established allowable uses for Liberty Hall in Table 1, page 12 of the Code of Development. Commercial uses are limited to office for the project and only permitted in Block 1. Crozet Master Plan recommended Office Uses CT5 CT 4 CT3 '''Live~wo;:k'''''''''''''''''''''j ~,............................................... .......................... .............. ............................................................................................~~.~~~.~.~.~.~~~~~.....l Staff believes that the office use is appropriate in Block 1 because of its limited size and adjacency to the CT5 area of the neighborhood. Retail/commercial uses are also planned in the Clover Lawn Development and across Route 250 at the Blue Ridge Shopping Center site. 5. Mixture of housinQ types Is the mixture of housing types proposed by the applicant for Liberty Hall appropriate? The Neighborhood Model proposes mixed housing types and incorporating affordable units within the Development Areas. The Crozet Master Plan further specifies what housing types are fitting for each Crozet Transect for within the Master Plan neighborhoods. Below is a comparison of the Master Plan recommendations and what the applicant is providing in Liberty Hall based on CT type. Crozet Master Plan recommended Residential Building Types ZMA 2005.00005 Liberty He'lll (CrOSS Property! \Nork Session ~l CT5 CT4 ............................ .......... Apartment building, Row House, Duplex, Cottage, House, A~cessory unit, Live work unit CT3 """ """"""""""":' 'Cotta'g"e"; '"Hous'e ," "','"" "."~ : Accessory unit, : Live work unit . . ................................................................................................................................ Residential Building Types Proposed in Liberty Hall CT5 CT4 CT3 Single family detached and townhouses functioning as single family attached The Master Plan is a guide that the applicant has followed and is making substitutions for the housing types suggested based on what is desirable by the housing market. There is no guidance in the Neighborhood Model or Crozet Master Plan as to the specific number of each type of units that would be appropriate but the goal is to provide a range of types and levels of affordability. . In this case there are three housing types proposed by the applicant: 15 condominiums of two types in Block 1 with 7 affordable units, the townhouses and the end unit condos, 21 townhouses, and 10 single-family detached. Staff believes that the mix of housing types is appropriate. 6. Interconnections Are the interconnections proposed by the applicant appropriate and do they meet the intent of the Crozet Master Plan? The Neighborhood Model calls for an interconnected network of streets within new developments, and connections with existing development. This network is . essential to support the pedestrian environment, mixed use developments, and compact, livable neighborhoods envisioned for the Development Areas. The Crozet Master Plan (see inset page 9) suggests a system of three east-west connections in Neighborhood 4 that would extend to the future Eastern Avenue and one north-south future road in addition to Radford Lane. The applicant is providing one east-west connection with Road B. Road D provides a connection to the adjoining property to the north and the applicant hap shown on the application plan in Figure 2 how the road is designed to go between the two existing ponds. Road A, which is Radford Lane, will provide a north-south connections to Route 250. Radford Lane is located across from the : entrance to the Blue Ridge Shopping Center site. During the review of the Clover Lawn Village rezoning, it was uncertain how Radford Lane would line up with the entrance to the shopping center or vice versa. Since the review of that rezoning,: a major site plan amendment (SOP 2002-049) was approved for the shopping center site and the entrance was relocate on that plan to line up with Radford Lane. ZcN\ 2C,05.00005 Libt;rh' Hilll (Cross PrOp81"ty! Work Session In Staff believes that the interconnections provided are consistent with those suggested by the Master Plan. With the upgrade of Radford Lane, the Clover Lawn Village connection will also be provided. 7. Affordable housing Is the applicant making appropriate provisions for affordable housing within the Liberty Hall development? Affordable Housing is defined, in the Comprehensive Plan, as those houses affordable to the forty percent of the County population that have household incomes at or below 80% of the area median income. For 2003, the maximum affordable home for purchase (80% median income) would be $172,000 and maximum housing costs (rent and utilities) for tenants would be $787 (50% median income). A strategy within the Comprehensive Plan is that at a minimum, 15% of all units developed under rezoning and special use permits should be affordable as defined by the County's Office of Housing and Housing Committee or a comparable contribution should be made to achieve the affordable housing goals of the County. The Neighborhood Model speaks to the physical form affordable housing should take within neighborhoods. Rather than having affordable housing enclaves, it should blend into the neighborhood and not stand out, either for lack of quality or detail. Units should be scattered throughout the neighborhood rather than concentrated in one place. The applicant is proposing a total of 46 residential units within the development and is providing 7 affordable condo units. Proffer #3 and the applicant's proposal to provide affordable housing have been reviewed by the Director of Housing who supports the proffer. Staff believes that the applicant is meeting affordable housing policy goals by providing 15% and has appropriately integrated the affordable units into the development. 8. Off-site impacts and Proffers Are the proffers submitted adequate to meet the impacts generated by this development? The applicant has submitted 4 proffers to address impacts of this rezoning. (Attachment C)These proffers have not been fully evaluated and staff comments are provided based on reviewer input received thus far. The first proffer ensures conformity of proposed buildings with the specific building elevations reviewed with this rezoning by the ARB. There is still some question as to whether this proffer is needed given that architectural information is required as part of the Code of Development. lM/\ ~)OU5 ocr)QS t.:be.-ty HalllCross Property) V\}:Jril Sess,(,f) The second proffer provides a cash contribution to the County's capital improvements program in $1,000 increments per market rate unit for a total of $44,000 to off-set impacts of the development. Staff has not yet received the fiscal impact analysis typically prepared by the Fiscal Impact Planner for all rezonings. However, the cash contribution may be expected to increase. Based on what has been recently provided and accepted by the Board of Supervisors with the applicant's other rezoning project in Crozet, Wickham Pond, $3,000 per market rate unit would be expected with this project as well. The third proffer specifies the affordable housing provisions of the proposal. The fourth proffer is consistent with a proffer accepted with the Clover Lawn rezoning to off-set traffic impacts. The applicant would provide a contribution to signalization at the intersection of Radford Lane and Route 250 when warranted. VDOT has reviewed this proffer and finds it acceptable. The applicant recently submitted a more detailed traffic impact analysis which was not available at the time of proffer review. Staff will be confirming that the proffer is still sufficient given the new traffic information. Other items to note for the Planning Commission's information that are stHI under review and will be addressed prior to public hearing: o Stormwater management and critical slopes impacts are still under review with Engineering. o Sidewalk and street trees are not provided on all streets within the development. In addition, cross-sections on the street plan (Figure 4) do not match the General Development Plan (Figure 2) and Landscape Plan (Figure L 1). Waivers or modifications to the Subdivision Ordinance would be needed for the street sections to be approved. Justifications for the modifications are needed prior to staff making a recommendation. o The ARB reviewed the applicant's proposal in October. Recommendations were provided specifically addressed to the Planning Commission, including some regarding elements of the proposal other than architecturClI design. (Attachment F) The applicant has addressed most but not all of the ARB comments. There are three ARB concerns staff feels the Planning Commission should provide input. The first are the ARB comments regarding the provision of a hedgerow, to extend from the existing one behind the Masonic Lodge, around the eastern project boundary line. The second, is the more rural character requested of Road A/Radford Lane from its intersection with Route 250 back towards Road D, which does not include street trees. The third, which the applicant should provide more information on is what changes are proposed to the stormwater management pond in Clover Lawn which will also serve Liberty Hall. All three of these issues require additional information before planning staff can make a recommendation o The application plan, code of development, and proffers have not had final review by staff Z. ~\~/\ :,~\)05 .DC;005 LliJeiiy Hii'i ,Cross Propel'lv) Work SesslG!l 1,' Recommendation: Staff recommends that the Commission review the proposal and advise staff and the applicant on each topic highlighted in the report. The applicant intends to resubmit after direction from the Commission, for a February public hearing. ATTACHMENTS: A. Location Map-Aerial B. Location Map-Zoning C. Liberty Hall Proffers D. Liberty Hall Application Plan E. Liberty Hall Code of Development F. Architectural Review Board comments dated October 19, 2005 Jr.'~/l :),:,'~':-:,_I~Cl'./::r) : ":k,::', Hall r(>'C'_",::- i-.\(C~t::(h," \I',j')d, ,~)':.':':.::ICi: ......1' Attachment A IS- \1 Att chment B ZMA 2005-05 Liberty Hall (Cross Property) , Zoning M<i' R6RESIOENTlAL !~ R10 RESIDENTIAL _R15RESIDENTIAL PLANNED UNIT DEVELOPMENT .. PlANNED RESIDENTIAL DEVELOPMENT _ NEIGHBORHOOD MODEL DISTRICT .. MONTICELLO H:STOR,C O.STR:CT COMMEROAl. _ COMMERClAl OFFICE _ HIGhWAY COMMERCIAL PlANNED DEVELOPMENT SHOPP'NG Cer<;T R _ PLANNED OEVELOPMENT MixeD COMMERC AI. _ HEAVY INDUSTRY _ PLANNED DEVELOPMENT INDUSTRIAl PAR NATURAL RESOURCE EXTRACTION OVERLA TOWN OF sconSVllLE \ I \ i \ i \ ~~i ~ - 0\ 100 200 7 I 10' Contour ~; _ Water Body I , /V Roads l-.-J Parcels / / Streams D Parcels of In eresl " ' ((0 Attachment C Original Proffer K PROFFER FORM Date of Proffer Signature: ZMA #2005-00005 Tax Map Parcels: 56-97 A; 56-97 AI, portion of 56-97 8.10 Acres to be rezoned from Rl to NMD (Neighborhood Model District) in accordance with the Application Plan dated August 15,2005 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 with the offered plans approved for development. These conditions are proffered as a part ofthe requested rezoning and it is agreed that: (I) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning request. (I) No building permit shall be issued unless and until the Director of Department of the Community Development, or his designee, determines that the commercial building and townhouse unit fayades are in general accord with the building elevations provided on plans entitled "Building Concepts and Site Section" by Weather Hill Development, LLC and Bosserman Design, dated August 18,2005. The fayades shall be determined to be in general accord ifthe architectural features that break up the massing of the building, such as porches, porticos, balconies, variation in building materials, and gables which break up the rooflines, conform in all material respects to the building elevation provided on the Building Concepts and Site Section plan. (2) The owner shall contribute $44,000 cash to the County's capital improvement program for the purpose of mitigating impacts from this development. The cash contribution shall be used for transportation improvements, schools, libraries, fire and rescue, parks or any other public use serving the Community of Crozet as identified in the Comprehensive Plan. Contributions shall be made in increments of $1 ,000 cash per lot, for any market-rate townhouse or new detached single family dwelling unit prior to or at the time of issuance of a building permit for any improvement thereon. (3) The owner shall provide seven (7) units of affordable housing as identified on the Application Plan produced by Timmons Group, dated August 15,2005, entitled "Application Plan - Figure 2". 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. All purchasers of these units shall be approved by the Albemarle County Office of Housing or its designee. The owner/builder shall provide the County or its designee a period of90 daysto identify and pre-qualify an eligible purchaser for the affordable units. The 90-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 60 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 unites) without any restriction on sales price or income of purchaser. This proffer shall apply only to the first sale of each of the seven (7) units. (4) The Owner shall make a pro-rata contribution for the installation of a traffic signal by others at the intersection of Radford Lane and Route 250. The Owner's pro-rata contribution shall be a percentage of the total signal cost. The percentage shall be the pro-rata share of the total traffic volume contributed by this site as determined Proffer Form Liberty Hall Weather Hill Development, LLC. Page 1 11 Attachment Liberty Hall Code of Development Only a limited number of copies were provided by the applicant. A copy is available for review in the office of Rebecca Ragsdale - Planning Department. by VDOT, Albemarle County, or the Owner's traffic consultant at the review and approval by VDOT and Albemarle County. The cost of the signal will be established by VDOT when the signal is warranted. This proffer shall be in effect until December 31, 2011. Signature of Owner: Date: Marc C. Powell, Managing Member Weather Hill Development, LLC Contract Purchaser and Agent for Robert L. Cross and Jeanne Kerr Cross, current owners Proffer Farm Liberty Hall Weather Hill Development, LLC. Page 2 Il() -I - :I pJ:I ~~ 0 tlm !t ~ .1I1 ~i " ~i ,. i~ 0 f~ c al'3 ~.. . . . 1 ........ z .., t:xj ~ ~ :;:cJ o >- o ~ I rn t:xj o . ~ ........ Z 0." :;:cJ- tr-jG> rn~ rnm ~ """- tr-j o :;:cJ tr-j rn rn :;:cJ o >- o ~ :< o t:xj ~ ........ ~ rn )> UlUl ~~ or ~!1:1 z tl ~ ! ~ ~ :D ~ 8 '" t-t ....... to t:tj ~ ~ ::r: )> ~ ~ ~ ~ '" ::tj ~ ~ ~ ~ ~ ::u ~ (J 8~cEgc;~ E8~8~Q;g Clr-Cl::::lCl ___-----~ \) Ci 141 ~ ?<: ----:.~~~~~~~~~~-------- -- ~ < Cj ~ - --- -. - ------------~~~~~~~~~~RGt:JJ&_2$(). ------------~~~~~~~~~~~------ --- ~_o ./ ~ (;) ::::l < c;) ~ ""tj ;g I C:! ~ I ~a I <141 ~8;g ~Cj -.~a rr1())\) ~~ ~b,.~ ::t IG tJ -. 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""I iii" q i:jq ; P" p P ~ fl fl ; U~ mmll I I ~ i i m( t I I I; Attachment F COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 October 19, 2005 Eric Goetz Weather Hill Development 703 East Jefferson Street Charlottesville, VA 22902 RE: ARB-2005-108: Liberty Hall - Advisory Review for a Rezoning and Preliminary Revi{~w of a Site Development Plan (Tax Map 56, Parcel 97 AI) Dear Mr. Goetz: The Albemarle County Architectural Review Board, at its meeting on October 3, 2005, completed an Advisory Review for a Rezoning and Preliminary Review of a Site Development Plan for the above-noted project. The Board took the following actions. Regarding the Rezoning, the Board by a vote of 4:0, forwarded the following recommendation to the Planning Commission: 1, The roof form of the front condominium building shall be divided into two or three hipped forms. 2, The existing woodland and hedgerow shall be preserved and the Code of Development shall include provisions for tree preservation (during construction) and the long term maintenance of the woodland and hedgerow. 3. Provide a hedgerow planting, continuous, in the 200' gap between the end of the existing hedgerow and the northern woodland. Base the hedgerow planting on the species, spacing, and configuration of the existing hedgerow. The hedgerow shall be 20' wide, minimum, and shall be composed of2 Yz" caliper trees (30%), 1 W' caliper trees (30%), and 6' tall whips (40%). 4. The area of Road A south of the hedgerow up to the intersection of Road A and Route 250 West shall remain rural in character by omitting street trees and limiting the planting configurations in this area to rural planted types such as hedgerows, woodlands, meadows, agricultural fields, groves, orchards, etc. Regarding the Site and Building design, the Board made the following comments and suggestions for the benefit of the applicant's next submittal. 1. Divide the office building into either two connected buildings, or a single building with a repeated roof form. Divide the two condominium buildings into groups of two or three buildings, producing 21 ARB-2005-1 08 Lib,~rty Hall Page 2 October 19, 2005 two lines of building groups. Provide pedestrian passage between the groups of two or three condominium buildings. 2. Provide a hedgerow planting, continuous, in the 200' gap between the end of the hedgerow and the northern woodland to continue and coordinate with the existing hedgerow. Base the hedgerow planting on the species, spacing, and configuration of the existing hedgerow. The hedgerow shall be 20' wide, minimum, and be composed 01'2 Yz" caliper trees (30%), 1 Yz" caliper trees (30%), and 6' tall whips (40%). 3. Preserve the existing woodland and hedgerow. Include in the Code of Development provisions for tree preservation (during construction) and the long term maintenance ofthe woodland and hedgerow. 4. Provide all proposed tree lawns at 4' wide, minimum. If the tree lawns can't be made wide enough to accommodate trees, plant shrubs instead. 5. Submit a plan for review showing all proposed changes to the pond. Include tree protection fencing on the application plan. 6. Include a copy ofthe Conservation Plan Checklist with the next submittal. 7. Include a tree protection fencing detail in the Code of Development. 8. The urban character expressed with the street trees should be continued to the hedgerow on both sides of Road A. In contrast, the rural condition (three board fencing and no street trees) proposed from the hedgerow to the intersection of Road A and Route 250 West is appropriate for this area. 9. Provide complete information on any site lighting proposed, including manufacturer's cut sheets with all options identified (fixtures, lamps proposed, fixture finish. etc.) and a photometric plan of the site. All site fixtures shall be full cut off. 10. Eliminate the quad cantilevered window at the second floor. You may submit your application for continued ARB review at your earliest convenience. Application forms, checklists and schedules are available on-line at www.albemarle.org/planning. Revised drawings addressing the comments listed above are required. Please include a memo outlining how each comment has been addressed. If changes other than those requested have been made, identify those changes in the memo also. If you have any questions concerning any of the above, please feel free to call me. 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I _ .-~~ 0.::: ~ 0 (.) ~ < ~ U ~ ~ ~< ~- ~ ~ as ~ O~ ~ -u U>~Z ~O ,~ ~ ~8 0 . ,~ - ~...:l~ <~ ~ ~~ ~ ~~ .....'l ~~ ~ ~ ~ ~ ~ ~ ~ ~'1~ ~..,.. ..,. i.. f ~.:ij t: I" I . , ,) u;, ( :j~ D- ,t 1 . I~ i: !. e J 1 o<:Z d_d . f WW :, ~ ( J:=< -l IE; . ....."- ~g ~o eJ (.;f1 ! "ct it! n '. ~~ ~!! i r ~gd 1i1~ J J . . l-. .~ ~.. ..... ~ :;;J ~ :!E 0 (.) cc C- -(.- (( . ~( (, rn ~ ~ o ::r: z ~~ ~ O l? ~ ~~ >U Fi >-~ Z E-<O . "l Z U ~8 z . "lU 0 ~~ ~ ~~ ~ ~~ ~ ~ ::s roil ~~ ~ ~~ ~ Fi ~ ~ ~ ~ ~ II u --z:. ;:) o..J -c.. 0 j-- -..;:- ~ :>. .L..l .- ,.,... .u oil ~ ~~ II r t' 45 4~ 47 Attachment E DRAFT PROFFER FORM Original Proffer X Date of Proffer Signature: ZMA #2005-00005 Tax Map Parcels: 56-97 A; 56-97 A I, portion of 56-97 8.01 Acres to be rezoned from R 1 to NMD (Neighborhood Model District) in accordance with the Application Plan dated August 15,2005 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 with the offered plans approved for development. These conditions are proffered as a part ofthe 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. I) The owner shall contribute $147,200 cash to the County's capital improvement program for the purpose of mitigating impacts from this development, The cash contribution shall be used for transportation improvements, schools, libraries, fire and rescue, parks or any other public use serving the Community of Crozet as identified in the Comprehensive Plan. Contributions shall be payable under one of the following methods, which shall be designated by the County: (1) ninety (90) days after receipt of written notice by owner from County identifying a Capital Improvement Project, provided that contributions for a Capital Improvement Project shall not exceed $50,000 during any sixty (60) day period and said request is after final site plan approval, or (2) in increments of $3,200 cash per lot, for any market-rate townhouse or new detached single family dwelling unit prior to or at the time of issuance of a building permit for any improvement thereon. 2) The owner shall provide seven (7) units of affordable housing as identified on the Application Plan produced by Timmons Group, dated August 15, 2005 and last revised January 24th, 2006, entitled "Application Plan _ Figure 2", 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% ofthe gross household income. All purchasers of these units shall be approved by the Albemarle County Office of Housing or its designee. 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 seven (7) units. 3) The Owner shall make a pro-rata contribution for the installation of a traffic signal by others at the intersection of Radford Lane and Route 250 or at the intersection of Eastern Avenue and Route 250. The Owner's pro-rata contribution shall be a percentage of the total signal cost. The percentage shall be the pro-rata share of the total traffic volume contributed by this site as determined by VDOT, Albemarle County, or the Owner's traffic consultant at the review and approval by VDOT and Albemarle County. The cost of the signal will be established by VDOT when the signal is warranted. This proffer shall be in effect until December 3] , 2011. Proffer Form Liberty Hall Weather Hill Development, LLe. Page 1 4B 4) Overlot grading plan - Subdivision Plans: The Owner shall submit an over-lot grading plan meeting the requirement ofthis section (hereinafter, the "plan") with the application for each subdivision of Property into single family detached lots and single family attached dwelling units shown on the General Development Plan. The plan shall show existing and proposed topographic features to be considered in the development of the proposed subdivision. The plan shall be approved by the County Engineer prior to final approval of the subdivision plat. The Property within the subdivision shall be graded as shown on the approved plan. No certificate of occupancy shall be issued for any dwelling on a lot where the County Engineer has determined the lot grading is not consistent with the approved grading plan. The plan shall satisfy the following: a) The plan shall show all proposed streets, building sites, setbacks, surface drainage, driveways, trails, and other features the County Engineer determines are needed to verify that the plan satisfies the requirements of this proffer. b) The plan shall be drawn to a scale not greater than one (1) inch equals fifty (50) feet. c) All proposed grading shall be shown with contour intervals not greater than two (2) feet. All concentrated surface drainage over lots shall be clearly shown with the proposed grading. All proposed grading shall be designed to assure that surface drainage can provide adequate relief from the flooding of dwellings in the event a storm sewer fails. d) Graded slopes on lots proposed to be planted with turf grasses (lawns) shall not exceed a gradient ofthree (3) feet of horizontal distance for each one (1) foot of vertical rise or fall (3: 1). Steeper slopes shall be vegetated with low maintenance vegetation as determined to be appropriate by the County's program authority in its approval of an erosion and sediment control plan for the land disturbing activity. These steeper slopes shall not exceed a gradient of two (2) feet of horizontal distance for each one (1) foot of vertical rise or fall (2: 1), unless the County Engineer finds that the grading recommendations for steeper slopes have adequately addressed the impacts. e) Surface drainage may flow across up to three (3) lots before being collected in a storm sewer or directed to a drainage way outside of the lots. f) No surface drainage across a residential lot shall have more than one-half (1/2) acre ofland draining to it. g) All drainage from streets shall be carried across lots in a storm sewer to a point beyond the rear of the building site. h) The Plan shall demonstrate that an area at least ten (10) feet in width, or to the lot line if it is less than (10) feet, from the portion of the structure facing the street, has grades no steeper than ten (10) percent adjacent to possible entrances to dwellings that will not be served by a stairway. This graded area also shall extend from the entrances to the driveways or walkways connecting the dwelling to the street. i) Any requirement of this condition may be waived by the County Engineer by submitting a waiver request with the preliminary plat. If such a request is made, it shall include: (i) a justification for the request contained in a certified engineer's report; (ii) a vicinity map showing a larger street network at a scale no smaller than one (1) inch equals six hundred (600) feet; (iii) a conceptual plan at a scale no smaller than one (1) inch equals two hundred (200) feet showing surveyed boundaries ofthe property; (iv) topography of the property at five (5) foot intervals for the property being subdivided and on abutting lands to a distance of one hundred (100) feet from the boundary line or a lesser distance determined to be sufficient by the agent; (v) the locations of streams, stream buffers, steep slopes, floodplains, known wetlands; and (vi) the proposed layout of streets and lots, unit types, uses, and location of parking, as applicable. In reviewing a waiver request, the County Engineer shall consider whether the alternative proposed by the Owner satisfies the purpose of the requirement to be waived to at least an equivalent degree. In approving a waiver, the County Engineer shall find that requiring compliance with the requirement of this condition would not Proffer Form Liberty Hall Weather Hill Development, LLC Page 2 4q forward the purposes of the County's Subdivision and Water Protection Ordinances or otherwise serve the public interest; and granting the waiver would not be detrimental to the public health, safety or welfare, to the orderly development of the Project, and to the land adjacent thereto. j) The Owner may request that the Plan be amended at any time. All amendments shall be subject to the review and approval by the County Engineer. k) In the event that the County adopts overlot grading regulations after the date ZMA 2005-00005 is approved, any requirement of those regulations that is less restrictive than any requirement of this paragraph 7 shall supersede the corresponding requirement ofthis paragraph, subject to the approval ofthe Director of the Department of Community Development. Signature of Owner: Date: Marc C. Powell, Managing Member Weather Hill Development, LLC Contract Purchaser and Agent for Robert L. Cross and Jeanne Kerr Cross, current owners Proffer Form Liberty Hall Weather Hill Development, LLC Page 3 -eJO COUNTY OF ALBEMARLE Attachment F MEMORANDUM TO: Rebecca Ragsdale, Senior Planner FROM: Steven A Allshouse, Fiscal Impact Analyst v1'.)' I DATE: February 8,2006 RE: ZMA 05-05 (Liberty Hall) I analyzed two separate scenarios for the property in question. The first scenario involved the maximum new development that could take place under existing zoning, while the second scenario involved the new development that would occur if the County approved the proposed zoning changes for the properties. The results of these two analyses appear in the attached "Budget Summary: Current Zoning" and "Budget Summary: Proposed Zoning" documents. In the case of the first scenario, I assumed that eleven single family detached residences (SFD's) would be built during the course of the next year. CRIM estimates that, after build-out, the type and level of development that could take place under existing zoning would result in the following net annual fiscal impact: Fiscal Impact -- Current Zoning Property Taxes Other Revenues $21,000 30,000 Total Revenues $51,000 School Expenditures County Govt. Expenditures ($69,000) (10,000) Total Expenditures ($79,000) Net Annual Fiscal Impact ($28,000) lil ZMA 05-05 February 8, 2006 Page Two In terms of the annual impact that the development of eleven SFD's would have on the County's capital costs, CRIM estimates the following result: CIP Impact -- Current Zoning Schools CF Pay-As- You-Go Schools CF Debt Service Total Schools CIP Impact County CF Pay-As-You-Go County CF Debt Service Total Cty. Govt. CIP Impact Net Annual CIP Impact ($0) ($25,000) ($25,000) ($0) ($0) ($0) ($25,000) Note that these CIF figures are included in the fiscal impact numbers listed on the previous page. (The $25,000 in capital costs is part of the $79,000 in the estimated total annual expenditures resulting from the development of 11 SFD 's). These CIF numbers are presented separately to highlight the magnitude of the capital costs that would be associated with such development. The second scenario that I ran involved the proposed construction often SFD's and 42 single family attached/townhouse (SFA/TH) units on the properties. Per your notes, I assumed that 8 of the units would be affordable condominiums. I assumed, also, that the values of these affordable units would be $195,000 each, and that the development would be completed in one year. CRIM estimates that, after build-out, this project would have the following net annual fiscal impact: Fiscal Impact -- Proposed Zoning Property Taxes Other Revenues Total Revenues School Expenditures County Govt. Expenditures Total Expenditures Net Annual Fiscal Impact $101,000 171,000 $272,000 ($319,000) ($66,000) ($385,000) ($113,000) 02- ZMA 05-05 February 8, 2006 Page Three As for the impact of this proposed development on the County of Albemarle's capital costs, CRIM estimated the following outcome: CIP Impact -- Proposed Zoning Schools CF Pay-As- You-Go Schools CF Debt Service ($0) ($119,000) Total Schools CIP Impact ($119,000) County CF Pay-As-You-Go County CF Debt Service ($0) ($0) Total Cty. Govt. CIP Impact ($0) Net Annual CIP Impact ($119,000) Again, these CIP numbers are included in the total annual expenditures of$385,000 shown on the previous page, and are presented separately to illustrate the relative magnitude of capital costs. The numbers generated by the two scenarios that I ran indicate that, if the County approves ZMA 05-05, the differential net annual fiscal impact would be $113,000 - $28,000 = $85,000. This number means that, annually, the County would be $85,000 worse ofTapprovingZMA 05- 05 than denying the proposal. Notes: (1) Although my analysis suggests that the approval of ZMA 05-05 would result in a net annual fiscal drain to the County, this fact alone does not necessarily mean that ZMA 05-05 should be denied, since the total mix of development taking place in Albemarle County in any given year might generate a revenue-neutral outcome; (2) If Albemarle does not approve ZMA 05-05, the growth that is assumed to be associated with this proposed development likely would take place somewhere else in the County; and (3) When deciding whether or not to approve a proposed development, Albemarle takes into consideration a number of issues other than just the project's fiscal impact. These issues include, but are not necessarily limited to, affordable housing, transportation impacts, and environmental well-being. SAA/saa 5'3 III ~O)V o ~ o ., N Cl '" Q; > <C Cl I: I: o N .... 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(J Q': ~ -..l ~ III it .... 1IJ ~ m Ol (ll D.. ~ <( o o b <0 o o N to o N o <0 o o N to o N o m (;j ~ a Ul 2:- (ll Q; .~ a n: ~ 0:: U C;c; '<3" ::<: ~ IIi U) o U) o <( ~ N Attachment G RENAISSANCE PLANNING GROUP December 23, 2005 Mr. Frank Pohl Weather Hill Development 703 East Jefferson Street Charlottesville, VA 22902 Subject: Liberty Hall Mitigation Dear Frank: To determine the type of mitigation needed to offset traffic impacts generated by the proposed Liberty Hall development, a sub-area analysis around Liberty Hall was conducted for the PM peak hour using Synchro. Buildout of the sub-area includes currently approved and proposed development. Where development has not yet been proposed, the Crozet Master Plan was used to generate assumptions about the land use and density of development. Beyond the sub- area, traffic operations during the AM peak hour for the intersections of Route 250 at Crozet Avenue and Route 250 at Route 240 were also analyzed using Synchro. PM Peak Hour Analysis Assuming that the Eastern Connector will not be constructed by buildout of this proposed development, the results show that a traffic signal is needed at the entrance to Liberty Hall on "Road A" with a proportionate share of 16.6 percent as a result of traffic generated from Liberty Hall. If the Eastern Connector is constructed through Cory Farm Road, a second traffic signal may be needed at the intersection of Route 250 and Cory Farm Road. If the Eastern Connector is constructed through Road A, no additional mitigation will be necessary. A summary of the results is shown in Table 1 on the following page. Assuming that the Eastern Connector will not be constructed by buildout of this proposed development, both the northbound left turn and southbound left turn movements at the intersection of Route 250 and Road A will operate at a level of service (LOS) of F. With a traffic signal in place, all movements are forecast to operate at a LOS of B. The capacity for the combined northbound and southbound left turn movements with an unsignalized intersection is 165 vehicles during the PM peak hour. Installing a signal increases the combined capacity to 497 vehicles during the PM peak hour. Liberty Hall is forecast to generate 55 southbound left turn trips during the PM peak hour. The proportionate share is calculated by determining how much capacity will increase after installing a traffic signal and dividing that by the proportion of trips generated by a 5& RENAISSANCE PLANNING GROUP development. In this case, the intersection improvement increases the capacity by 332 vehicles per hour, so the proportionate share is 55 / 332 or 16.6 percent. Table 1. PM peak hour intersection analyses Scenario Intersection Signalization Intersectio Critical Critical n LOS, Movement Movement Delay LOS, Delay No Eastern 250 @ Road A unsignaliz C,30.9 NB left F, 197.8 s Connector ed s 250 @ Road A signalized B,11.0 NB left B, 15.9 s s 250 @ Cory Farm unsignaliz A, 1.9 s SB left C, 16.1 s Rd ed Eastern Connector 250 @ Road A unsignaliz B,13.0 SB left F, 999.9 @ Road A ed s s 250 @ Road A signalized B,12.6 SB left C, 18.2 S s 250 @ Cory Farm unsignaliz A,2.1S SB left C, 16.9 s Rd ed Eastern Connector 250 @ Road A unsignaliz E,37.7 NB left F, 269.8 @ Cory Farm ed s s Road 250 @ Road A signalized B, 11.6 NB left B, 16.5 s s 250 @ Cory Farm unsignaliz B, 7.1 s SB left E, 39.6 s Rd ed 250 @ Cory Farm signalized B, 7.2 s SB left B, 10.9 s Rd If the Eastern Connector is constructed, the Crozet Master Plan indicates that the alignment will be along the existing Cory Farm Road. In this case, a signal will still be needed at the intersection of Route 250 and Road A, and a second signal may be needed at the intersection of Route 250 and Cory Farm Road, as the Synchro results forecast the southbound left turn movement to operate at a LOS of E with 39.6 seconds of delay. Traffic generated by Liberty Hall will have little to no impact on the LOS at this intersection. However, installing these two traffic signals in such close proximity could potentially have a significant negative impact on Route 250 traffic traveling through this corridor. i:J1 RENAISSANCE PLANNING GROUP A second alternative that was tested in Synchro is to move the alignment of the Eastern Connector to Road A. The analysis indicates that the additional traffic load on the intersection of Route 250 and Road A will have a minimal impact while reducing the potential need for a second signal at Cory Farm Road. This alignment would have an impact on the proposed Liberty Hall development, although this impact will be minimized through a neighborhood-oriented roadway design as the Liberty Hall site plan already indicates. AM Peak Hour Analysis A Syncro analysis was also conducted to analyze the impacts of the Liberty Hall development during the AM peak hour at the intersections of Route 250 at Crozet Avenue and Route 250 at Route 240. The level of service at both intersections remains unchanged between the background condition and the addition of trips from Liberty Hall. The intersection of Route 240 and Route 250 is projected to fail with or without the development of Liberty Hall. The failing movement at this intersection is the SB left turn from Route 240 onto Route 250. AB the Liberty Hall development is not projected to add any traffic to this turning movement, no mitigation should be necessary. Table 2. AM peak hour intersection analyses Intersection Scenario Intersecti Critical Critical on LOS, Movemen Movemen Delay t t LOS, Delay Route 250 and Crozet Existing B, 12.3 s SB thru B, 18.9 s Avenue Backgroun B, 13.0 s SB thru C, 21.0 s d Liberty B, 13.4 s SB thru C, 21.6 s Hall Route 240 and Route 250 Existing E, 33.9 s SBl left F, 77.6 s Backgroun F, 153.4 SBl left F, 324.3 d s s Liberty F, 165.0 SBl left F,356.7 Hall s s (1) Traffic on Route 240 making a left onto Route 250 is considered the southbound left. Thank you for providing us with an opportunity to review the mitigation alternatives for Liberty Hall. If you have any additional questions or concerns, please let me know. s3 Attachment H January 24, 2006 WEATHER HILL DEVELOPMENT Glenn Brooks Senior Engineer County of Albemarle Department of Community Development 401 McIntire Road, Room 227 Charlottesville, VA 22902 RE: ZMA-S-05 - LIBERTY HALL REQUEST FOR CRITICAL SLOPES WAIVER Please consider this critical slopes waiver request to allow minimal impacts to critical slopes located within the development of Libeliy Hall Neighborhood Model District. The following are the critical slope calculations for the site: Total site area Total area of critical slopes on site Total area of critical slopes impacted on site 8.01 acres 0.24 acre 0.07 acre (3.0% of total site area) (29.2% of total critical slopes on-site; 0.9% of total site area) Total area of critical slopes impacted off site .06 acre These minimal impacts proposed are necessary to provide a road network with blocks and open spaces that comply with the Neighborhood Model. The following explanation addresses the five issues described in Section 4.2 of the Albemarle County Code regarding potential effects of impacting critical slopes. 1. Rapid and! or large-scale movement of soil and rock Critical slope impacts at Liberty Hall will require minor grading to achieve the County's goals for this area. Of the total 8.01 acres within this plan area, only 0.07 acre of critical slope impacts are proposed on site, corresponding to under I % of the total project area. By general industry standards, this level of impact is not considered large-scale. 2. Excessive Stormwater runoff Stormwater drainage facilities shall be implemented throughout Liberty Hall to conduct runoff in a manner acceptable to the County Engineer. Over 20% of the site will remain as green space, thereby minimizing Stormwater runoff 3. Siltation of natural and man-made bodies of water. Open spaces will be planted to reduce erosion and minimize siltation. Additional erosion control measures shall be implemented during construction. r;q 703 east jefferson street! chmlottesville, va 22902 · ok: 434 - 296 - 9484 fax: 434 - 296 - 2560 Mr. Brooks Janum)i 20, 2006 Page 2 of 2 4. Loss of aesthetic resource Significant emphasis has been placed on maintaining and enhancing the natural aesthetic quality within the plan area. The minor critical slope impacts proposed 'will enable the applicant to provide a development that is aesthetically pleasing at every location. 5. In the event of septic system failure, a greater travel distance of septic effluent. Liberty Hall will be served by a public sewer system, therefore septic system failures are not a concern. Based on the calculations and explanation provided above, the minimal critical slope impacts requested will in no way constitute potential dangers to the public health, safety and/or welfare. We are confident that the impacts proposed will enable the cOlli1ectivity, walkability and general quality of development promoted by the Neighborhood Model. Please do not hesitate to contact me if you have any questions or require any additional information. Thank you for your consideration. is' cere~~..r:V' ~ , tfl/o'vr- - \ rank V. Pohl, P .E. Weather Hill Development &0 ATTACHMENT I February 9,2006 John Shepherd Manager of Zoning Administration Albemarle County Department of Community Development 40 I McIntire Road, Room 218 Charlottesville, VA 22902 RE: ZMA-2005-05; LIBERTY HALL REQUEST FOR WAIVER OF P ARKING REGULATIONS Dear Mr. Shepherd: In response to your memorandum dated February 7, 2006 please consider this request to waive parking requirements for the Neighborhood Model District proposed at Liberty Hall. Proposed Development Within block 1, a combination of office and residential uses are proposed. An office building consisting of 13,500 sq. ft. (gross) is proposed, in addition to 22 condominium units. Fourteen (14) of the condominium units proposed will include 2 bedrooms and 2 garage spaces within each unit. The remaining eight (8) units will consist of one bedroom and will not include garages. To accommodate the parking demands, a 43- space surface parking lot is proposed within Block 1. Fifteen (15) on-street parking spaces are proposed along Road A and Road B adjacent to Block I. The following figure illustrates the units and parking proposed for Block I: - -t:::;:.-o--_ -- .... -0 ',__ _""0. _ _'~:_"__' , :._~ .' I OADckoc!l:SeA,fES '" 23 ~I Mr. Shepherd February 9, 2006 Page 2 of 3 Parking Analysis Overall, 98 parking spaces are needed to accommodate the proposed development. The garage parking, parking lot and on-street spaces proposed adjacent to block 1 provide 86 parking spaces. Table I (page 12 of the Code of Development) indicates that other than community service, infrastructure and construction-related uses, only residential uses and "offices" are allowed in Block 1. Because residences and offices experience opposite peak parking hours, a shared parking arrangement is proposed. Within Block 1, 12 of the required parking spaces (11.8%) are proposed to be shared. An excerpt from 18-4.12.10 of the Albemarle County Code is listed below. 4.12.10 SHARED PARKING Shared parking allows parking spaces to be shared among two (2) or more uses that typically experience peak parking demands at different times and is located on the same lot or on nearby lots. Because parking spaces are shared, the total number of parking spaces that would otherwise be required may be reduced. d. Maximum reduction. The aggregate number of parking spaces required for all uses participating in the shared parking shall not be reduced by more than thirty-five (35) percent. The proposed shared arrangement complies with the applicable provisions of the Code. All calculations relating to the parking for Block I are provided on the attached spreadsheet. Adequacy of On-Street Parking Fifteen (15) on-street parking spaces immediately adjacent to Block I are included in the parking calculations. Section 18-4.12.9 of the Albemarle County Code includes the following applicable regulations pertaining to on-street parking: 4.12.9 STREET AND ALLEY PARKING Street and alley parking may be provided as follows: a. Street parking consists of parking spaces located in a public or private right-of way. Each parking space that is in a public or private right-of-way abutting the lot shall count as a parking space for the purpose of meeting the minimum parking space requirements in sections 4.]2.6 and 4.]2.7. Each parking space shall be on a paved area abutting the travelway, and if the parking space is in a public right-of-way it shall not be prohibited by the Virginia Department of Transportation. Each of the on-street parking spaces assigned to Block 1 may not immediately abut each unit, which it is intended to serve; however, these on-street spaces are within reasonable walking distance from the 22 residential units and office building. Fourteen of the residential units will each possess two garage spaces for their primary use. Therefore only the remaining eight residential units will utilize the parking lot and on-street spaces for their primary use. Units 1 and 2 will likely use the on-street parking located along the east end of Road B. Units 10 and 11 will likely use the on-street parking located along the west end of Road B. Units 12 and 13 will likely use the parking located along Road (PZ- Mr. Shepherd February 9, 2006 Page 3 of 3 A. Units 21 and 22 will likely use the parking lot. It is also important to emphasize that because the office building will require parking during normal office hours on weekdays and the residences will generally require parking during evenings and weekends, it unlikely that all uses within Block I will require parking anyone time. Furthermore, the parking configuration proposed will enable a development consistent with the goals of the Neighborhood Model, where parking is relegated out of public view, streetscapes create a comfortable pedestrian atmosphere, and open space is prevalent. Please contact me if you have any further comments or questions. Sincerely, Frank V. Pohl, P.E. Weather Hill Development &3 LIBERTY HALL BLOCK 1 PARKING CALCULATIONS PARKING DEMAND UNIT PARKING ONSITE? # BEDROOMS REQUIRED PARKING 1 NO 1 1.5 2 NO 1 1.5 3 YES 2 2.25 4 YES 2 2.25 5 YES 2 2.25 6 YES 2 2.25 7 YES 2 2.25 8 YES 2 2.25 9 YES 2 2.25 10 NO 1 1.5 11 NO 1 1.5 12 NO 1 1.5 13 NO 1 1.5 14 YES 2 2.25 15 YES 2 2.25 16 YES 2 2.25 17 YES 2 2.25 18 YES 2 2.25 19 YES 2 2.25 20 YES 2 2.25 21 NO 1 1.5 22 NO 1 1.5 OFFICE BLDG NO N/A 54 TOTAL 98 PARKING SUPPLY LOCATION OF PARKING # OF SPACES UNIT 3 2 UNIT 4 2 UNIT 5 2 UNIT 6 2 UNIT 7 2 UNIT 8 2 UNIT 9 2 UNIT 14 2 UNIT 15 2 UNIT 16 2 UNIT 17 2 UNIT 18 2 UNIT 19 2 UNIT 20 2 PARKING LOT 43 ROAD B 11 ROAD A 4 TOTAL 86 SHARED PARKING PROPOSED 98 - 86 = 12 PERCENTAGE OF SHARED PARKING PROPOSED 12 / 98 = 11.8% &1 ATTACHMENT J ALBEMARLE COUNTY CODE 4.12.9 STREET AND ALLEY PARKING Street and alley parking may be provided as follows: a. Street parking consists of parking spaces located in a public or private right-of way. Each parking space that is in a public or private right-of-way abutting the lot shall count as a parking space for the purpose of meeting the minimum parking space requirements in sections 4.12.6 and 4.12.7. Each parking space shall be on a paved area abutting the travelway, and if the parking space is in a public right-of-way it shall not be prohibited by the Virginia Department of Transportation. b. Alley parking consists of parking areas located in the alley right-of-way. A parking space in an alley may meet the minimum parking space requirements in section 4.12.6 if approved by the county engineer. In approving alley parking, the county engineer shall consider the width ofthe travelway, the widths of the lots abutting the alley, and the setbacks from the alley. (Ord. 03-18(1), 2-5-03) 4.12.10 SHARED PARKING Shared parking allows parking spaces to be shared among two (2) or more uses that typically experience peak parking demands at different times and is located on the same lot or on nearby lots. Because parking spaces are shared, the total number of parking spaces that would otherwise be required may be reduced. In addition to all other applicable requirements of this section, the following requirements shall apply to shared parking: a. Authority to reduce aggregate number of parking spaces. The zoning administrator may reduce the aggregate minimum number of required parking spaces, provided that each use participating in the shared parking experiences peak parking demands at different times. The zoning administrator shall base this decision on the particular circumstances of the application. b. Parking study. Before making the decision to allow shared parking and to reduce the aggregate number of parking spaces, the zoning administrator may require the applicant to submit a parking study to determine the peak parking demand periods or other information needed to determine the viability of shared parking under the particular circumstances of the application. c. Effect of reserved parking spaces. Parking spaces reserved for specific individuals or classes of individuals shall not be counted toward the parking spaces that could be shared, except for those spaces designated and marked for use only by handicapped persons. d. Maximum reduction. The aggregate number of parking spaces required for all uses participating in the shared parking shall not be reduced by more than thirty-five (35) percent. (~4.12.4, 12-10-80; Ord. 03-18(1), 2-5-03) 4.12.11 STAND ALONE PARKING Where authorized by the applicable zoning district regulations, stand alone parking allows parking areas to be located on a lot other than the lot on which the use served by the parking areas is located. Stand alone parking is not required to be located on a lot under the same ownership as the lot on which the use served by the parking is located. In addition to all other applicable requirements of this section, the following requirements shall apply to stand alone parking: a. Site plan required. A site plan for the stand alone parking shall be submitted and approved under section 32. 18-4-27 Zoning Supplement #25, 2-5-03 &r; ATTACHMENT K January 24, 2006 WEATHER HILL OEVELOPtV\ENT Rebecca Ragsdale Senior Plmmer County of Albemarle Department of Community Development 401 McIntire Road, Room 227 Charlottesville, VA 22902 RE: ZMA-OS-05 - LIBERTY HALL REQUEST FOR WAIVER OF CERTAIN SIDEWALK AND PLANTING STRIP REQUIREMENTS Please consider this request to allow minor deviations from the Subdivision Ordinance's sidewalk and planting strip requirements at the proposed Liberty Hall Neighborhood Model District. Liberty Hall consists of just over 8 acres of land within the designated development area in Crozet. A Zoning Map Amendment has been submitted to rezone the property to a Neighborhood Model District so that a pedestrian-oriented neighborhood with a mixture of uses can be developed, consistent with the goals of the Crozet Master Plan. An office building and various parks and recreational amenities will enable the residents of Liberty Hall to work and play within their immediate neighborhood. With only two minor exceptions, sidewalks and planting strips are provided throughout the development, in compliance with the Subdivision Ordinance and VDOT standards, to encourage pedestrian mobility and ensure an attractive streetscape. The following is a summary of the two locations where standard sidewalks and planting strips are not feasible: I. The southern end of Radford Lane shall serve as the entrance to Liberty Hall. An existing gravel road is planned to be improved to a three-lane public street to accommodate all movements of traffic entering and leaving the site. The right-of- way available at this location is limited due to the uses on opposite sides of the roadway. An existing Masonic Lodge occupies the land on the northwest corner of Radford Lane and Route 250. The owners of the property are not interested in selling any portion of their land or easement rights for its use. To the east, an existing detention basin has been constructed by the developers of Clover Lawn. The bottom of this pond has been set at an elevation to enable drainage under Route 250, which is considerably lower than the existing topography of Radford Lane. The owners of this detention basin will not allow any physical modifications to it, therefore its position and elevation may not change. Based on these constraints to the east and west, the applicant has designed for the maximum right-of-way width physically available. Fmihermore, based on the traffic projections of the Liberty Hall development, VDOT has required 3 travel lanes. &ft 703 east iefferson street, chmlottesville, va 22902 · ok: 434 - 296 - 9484 fox: 434 - 296 - 2560 Ms. Ragsdale January 24, 2006 Page 20f3 After allocating the minimum required width for the travel lanes, a minimal amount ofland remains for planting strips and sidewalks. The project proposes to provide a 5 ft. sidewalk along the east side of the street and a 3 ft. planting strip adj acent to it. This size of planting strip will accommodate low shrubs and ground cover, but not trees. Sidewalks and planting strips are not provided along the Radford Lane adjacent to the Masonic Lodge. If additional right-of-way were available, the applicant would not hesitate to provide the standard planting strip and sidewalk widths on both sides of the street. Under 14-422 of the subdivision ordinance, the following justifications apply for the sidewalk waiver: . Section E.2.iii. "Sidewalks on one side of the street are appropriate due to envirOlIDlental constraints such as streams, stream buffers, critical slopes, floodplain, or wetlands, or because lots are provided on only one side of the street;" . Section E.2.iv. "Sidewalks can reasonably connect into an existing or future pedestrian system in the area;" . Section E.2.v. "The length of street is so short and density of the development is so low that it is unlikely that the sidewalk would be used to an extent that it would provide a public benefit." . Section E.2.viii. "The waiver promotes the goals of the comprehensive plan, the neighborhood model, and the applicable neighborhood master plan; " . Section E.2.ix. "Waiving the requirement would enable a different principle of the neighborhood model to be more fully achieved." Under 14-422 of the subdivision ordinance, the following justifications apply for the planting strip waiver: . Section F.2.iii. "Reducing the size of or eliminating the planting strip promotes the goals of the comprehensive plan, the neighborhood model, and the applicable neighborhood master plan;" and, . Section F.2.iv. "Waiving the requirement would enable a different principle of the neighborhood model to be more fully achieved." 2. At the eastern end ofRoa~k is proposed along the north side of the street, but not the south side. Within block 2, three single family residential lots are proposed just south of an existing area characterized by critical slopes. The sidewalk along the south side of Road D at this eastern segment has been eliminated in order to shift the lots within block 2 as far to the south as possible, and avoid impacts to the critical slopes. The sidewalk along the nOlih side of the street has been retained because it will link the pedestrian sidewalks within Liberty Hall to a trail head at the back of this block, which will one day be linked to the greenway along Lickinghole Creek. Under 14-422 ofthe subdivision ordinance, the following justifications apply for this situation: //1 Ms. Ragsdale January 24, 2006 Page 30f3 . Section E.2.iii. "Sidewalks on one side of the street are appropriate due to environmental constraints such as streams, stream buffers, critical slopes, floodplain, or wetlands, or because lots are provided on only one side of the street;" . Section E.2.iv. "Sidewalks can reasonably connect into an existing or future pedestrian system in the area;" . Section E.2.v. "The length of street is so short and density of the development is so low that it is unlikely that the sidewalk would be used to an extent that it would provide a public benefit;" . Section E.2.viii. "The waiver promotes the goals of the comprehensive plan, the neighborhood model, and the applicable neighborhood master plan;" and, . Section E.2.ix. "Waiving the requirement would enable a different principle of the neighborhood model to be more fully achieved." In summary, approval of this waiver will forward the spirit and vision of the both the Subdivision Ordinance and the Neighborhood Model. Granting the waiver would not be detrimental to the public health, safety or welfare, to the orderly development ofthe area, or to sound engineering practices. Please do not hesitate to contact me if you have any questions or require any additional information. Thank you for your consideration. ~,i CerelY'(wj~,J ,.~ v-\ ~nk V. Pohl, P.E. Weather Hill Development tie ATTACHMENT l C. The setting of any monument at any time after recordation of the final plat shall be established both at law and in equity, at prorated positions as determined from direct remeasurements between the established monuments of record rather than as precisely stated or shown on the recorded plat. D. The subdivider shall be responsible for resetting any monument on the property which is damaged, disturbed or destroyed during construction of any improvements required by this chapter. (~ 18-39 (part), 9-5-96, 10-19-77,5-10-77, 8-28-74); ~ 18-55 (part), 9-5-96, 2-4-81, 8-28-74 (~ 8); 1988 Code, ~~ 18-39, 18-55; Ord. 98-A(1), 8-5-98, ~ 14-524; Ord. 05-14(1),4-20-05, effective 6-20-05) State law reference--Va. Code S J 5.2-224 J (7) 14-422 Sidewalks and planting strips. Sidewalks and planting strips shall be provided as follows: A. Requirement. Sidewalks and planting strips for street trees and other vegetation shall be established on both sides of each new street within a subdivision creating lots for single family detached and single family attached dwellings in the development areas. B. Sidewalk design. Each sidewalk proposed to be accepted for maintenance by the Virginia Department of Transportation shall be designed and constructed according to Virginia Department of Transportation standards or to the standards in the design standards manual, whichever is greater. Each sidewalk proposed to be privately maintained shall be constructed using concrete, designed so that no concentrated water flow runs over them, and otherwise satisfy the standards in the design standards manual. The agent may allow privately maintained sidewalks to be a lO-foot multi-use asphalt path in unique circumstances such as a path leading to a school or major employment center. The asphalt path generally shall run parallel to the street and shall be constructed to a standard deemed adequate by the county engineer to be equivalent to or greater than the applicable standard in the design standards manual, so as to adequately protect the public health, safety or welfare. C. Sidewalk ownership. Each sidewalk proposed to be accepted for maintenance by the Virginia Department of Transportation shall be dedicated to public use. Each sidewalk proposed to be privately maintained shall be conveyed to a homeowners association for ownership and maintenance. The agent may require that a sidewalk proposed by the subdivider to be privately maintained instead be dedicated to public use if the agent determines there is a need for the sidewalks to be publicly owned and maintained. D. Planting strip design. Each planting strip shall be a minimum of six (6) feet in width except that the minimum width may be less in areas of transition between rural cross-section and urban cross-section streets. On an urban cross-section street, the planting strip shall be located between the curb and the sidewalk. The planting strip shall be located between the paved travelway and the sidewalk. E. Waivers from sidewalk requirements. The requirements for sidewalks may be waived by the commission as provided in section 14-225.1. A request for a waiver may be made prior to or with submittal of a preliminary plat or with an application to rezone the land, as follows: I. Information to be submitted. If such a request is made, it shall include: (i) a justification for the request; (ii) a vicinity map showing a larger street network at a scale no smaller than one (1) inch equals six hundred (600) feet; (iii) a conceptual plan at a scale no smaller than one (1) inch equals two hundred (200) feet showing surveyed boundaries of the property; (iv) topography of the property at five (5) foot intervals for the property being subdivided and on abutting lands to a distance of five hundred (500) feet from the boundary line or a lesser distance determined to be sufficient by the agent; (v) the locations of streams, stream buffers, steep slopes, floodplains, known wetlands; (vi) the proposed layout of streets and lots, unit types, uses, and location of parking, as applicable; and (vii) the location of any existing pedestrian network in the area, whether it is publicly or privately maintained, descriptions by 14-58 Supp. #14, 7-05 &1 ALBEMARLE COUNTY CODE widths and surfaces of the pedestrian ways within the existing pedestrian network, a proposed alternativ,~ profile and the intended ownership and maintenance. 2. Consideration and findings. In reviewing a request to waive the requirement for sidewalks, the commission shall consider whether: (i) a waiver to allow a rural cross-section has been granted; (ii) a surface other than concrete is more appropriate for the subdivision because of the character of the proposed subdivision and the surrounding neighborhood; (iii) sidewalks on one side of the street are appropriate due to environmental constraints such as streams, stream buffers, critical slopes, floodplain, or wetlands, or because lots are provided on only one side of the street; (iv) the sidewalks reasonably can connect into an existing or future pedestrian system in the area; (v) the length of the street is so short and the density of the development is so low that it is unlikely that the sidewalk would be used to an extent that it would provide a public benefit; (vi) an alternate pedestrian system including an alternative pavement could provide more appropriate access throughout the subdivision and to adjoining lands, based on a proposed alternative profile submitted by the subdivider; (vii) the sidewalks would be publicly or privately maintained; (viii) the waiver promotes the goals of the comprehensive plan, the neighborhood model, and the applicable neighborhood master plan; and (ix) waiving the requirement would enable a different principle of the neighborhood model to be more fully achieved. In approving a waiver, the commission shall find that requiring sidewalks would not forward the purposes of this chapter or otherwise serve the public interest; and granting the waiver would not be detrimental to the public health, safety or welfare, to the orderly development of the area, to sound engineering practices, and to the land adjacent thereto. F. Waivers from planting strip requirements. The requirements for planting strips may be waived by the commission as provided in section 14-225.1. A request for a waiver may be made prior to or with submittal of a preliminary plat or with an application to rezone the land, as follows: I. Information to be submitted. If such a request is made, it shall include: (i) a justification for the request; (ii) a vicinity map showing a larger street network at a scale no smaller than one (I) inch equals six hundred (600) feet; (iii) a conceptual plan at a scale no smaller than one (I) inch equals two hundred (200) feet showing surveyed boundaries of the property; (iv) topography of the property at five (5) foot intervals for the property being subdivided and on abutting lands to a distance of five hundred (500) feet from the boundary line or a lesser distance determined to be sufficient by the agent; (v) the locations of streams, stream buffers, steep slopes, floodplains, known wetlands; and (vi) the proposed layout of streets and lots, unit types, uses, and location of parking, as applicable. 2. Consideration and findings. In reviewing a request to waive any requirement for planting strips, the commission shall consider whether: (i) a waiver to allow a rural cross-section has been granted; (ii) a sidewalk waiver has been granted; (iii) reducing the size of or eliminating the planting strip promotes the goals of the comprehensive plan, the neighborhood model, and the applicable neighborhood master plan; and (iv) waiving the requirement would enable a different principle of the neighborhood model to be more fully achieved. In approving a waiver, the commission shall find that requiring planting strips would not forward the purposes of this chapter or otherwise serve the public interest; and granting the waiver would not be detrimental to the public health, safety or welfare, to the orderly development of the area, and to the land adjacent thereto. (9-5-96,10-19-77,5-10-77,8-28-74; 1988 Code, S 18-39; Ord. 98-A(I), 8-5-98, S 14-525; Ord. 05-14(1), 4-20-05, effective 6-20-05) State law reference-oVa Code 9 152-2141 (5) 14-423 Street signs. Signs identifying the name of each street within a subdivision shall be installed and maintained as provided in chapter 7 of the Code. (Ord. 98-A(l), 8-5-98, S 14-526; Ord. 05-14(1),4-20-05, effective 6-20-05) State law reference--Va. Code 915.2-2019. 14-59 Supp. #14, 7.0:; 'l () ~ I- Z W ~ J: () <( ~ <( 'J: I en I- en w ::::> CJ w a:: a:: w > <( ~ -i-l _J J ~~n_-c~___;4f~' ] . -----, I 1- - . '(11 IltI~ >l-~l~:~f '-'-1 'II" I ' T:\II_ oq: ~ J I-I II -.~ I, I II :J -J Q. 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'. r- ~ ~ < ::r:: ~ ~ ~ CO I--l ~ on o o '" '" '" l>: [%l m ~ u [%l Q we -llf) <( II u= (f)..... z :s ~ z ~O ~~ ~~ U ~ ~ ~ ~ <e: ~ OJ ~ 2:.'1- \ I o :p o ,~ <i "- oj (. . . . . . ~ Z +' , ~ N~ ~ ~~ -n Ne ~ ~E cC .!I;i ~~ ~ i~ 3 ~~ 'j u~ ~ i~ j g~ ~ ~~ ~ ~~ ~ E~ ~ g~ ~ ~~ ~ ~ "" :9 d .;0 ~ '0 'm ~ L :) o .a: " en Z o J: J: - I- . . . Albemarle County Planning Commission January 17, 2006 The Albemarle County Planning Commission held a meeting and a public hearing on Tuesday, January 17, 2006, 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, Calvin Morris, Vice- Chairman; Pete Craddock and Marcia Joseph, Chairman. Jo Higgins and Jon Cannon were absent. Pete Craddock arrived at 6:37p.m. Julia Monteith, Senior Land Use Planner for the University of Virginia, represented David J. Neuman, FAIA, Architect for University of Virginia. Other officials present were Wayne Cilimberg, Planning Director; Bill Fritz, Development Review Manager; Elaine Echols, Principal Planner; Rebecca Ragsdale, Senior Planner; Scott Clark, Senior Planner; Steve Tugwell, Planner; David Benish, Chief of Planning and Greg Kamptner, Deputy County Attorney. Call to Order and Establish Quorum: Ms. Joseph called the regular meeting to order at 6:00 p.m. and established a quorum. Work Sessions: ZMA 2005-005 Liberty Hall (Cross Property) (Sian #69) PROPOSAL: Rezone 8.01 acres from R1 (1 unit/acre) Residential to NMD Neighborhood Model District- residential (3 - 34 units/acre) mixed with commercial, service and industrial uses for up to 10,000 square feet of office use and up to 53 residential units (10 single family, 21 townhouses, 15 condominiums) PROFFERS: Yes EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Crozet Master Plan designates the property CT3 Urban Edge: single family residential (3.5-6.5 units/acre) supporting uses such as religious institutions and schools and other small-scale non-residential uses, and CT4 Urban General: residential (4.5 units/acre single family, 12 units/acre townhouses/apartments, 18 units/acre mixed use) with supporting uses such as religious institutions and schools and mixed uses including retail/office ENTRANCE CORRIDOR: Yes LOCATION: Tax Map 56, Parcels 97 A, 97 A 1, and 97 (portion of) at the intersection of Radford Lane/Rockfish Gap Turnpike (Rt. 250 W) MAGISTERIAL DISTRICT: White Hall STAFF PERSON: Rebecca Ragsdale Ms. Joseph stated that the Commission would go through the 8 items in the staff report. First they would ask staff for information on each of the items, and then ask the applicant if they would like to comment. Therefore, they could go through each item by item. The applicant may also do a presentation if they want to. Ms. Ragsdale provided the background of the project. This application has been under review since May as a rezoning to Neighborhood Model. It has been revised several times. Staff felt that this was an appropriate time to introduce the Commission to the proposal in advance of a public hearing that was scheduled in February. Staff would like the Commission to go through the discussion items that they have provided. Staff has provided some of the analysis that they typically do when they provide the Commission with the rezoning report such as conformity with the Neighborhood Model and the Crozet Master Plan. Vito Cetta, representative for Weatherhill Homes, stated that the proposed plan is consistent with the Comprehensive Plan. He reviewed the plan and pointed out the area to be developed and the type of units proposed. Frank Pollack, representative for Weatherhill Homes, addressed the questions about the proposed above ground retention pond, which will be dry and not always have water in it. He stated that all of the road will be public with the exception of the alleys. ALBEMARLE COUNTY PLANNING COMMISSION - JANUARY 17, 2006 DRAFT MINUTES - ZMA-2005-005 LIBERTY HALL (CROSS PROPERTY) 1 In summary, the Planning Commission held a work session on ZMA-2005-005, Liberty Hall (Cross Property). In order to familiarize the Commission with the project and to discuss several issues that would benefit from advance input prior to the February 14 public hearing, staff and the applicant presented the proposal and answered questions. The Planning Commission held a discussion with staff and the applicant and provided feedback on the rezoning proposal and preliminary discussion topics as follows: 1. Design and layout: Does the Planning Commission support the general layout proposed? The Planning Commission was generally in support of the design and layout aspect of the proposal, with the exception of the visibility of the garage doors located in the front of the residential units interior to the project site, which was all units except those units in Block One. The submittal of elevations might be helpful. The Commission likes the road connections and street grid, but not the fact that they are going to be looking at the garage doors. 2. Residential density: Does the Planning Commission find the proposal consistent with the Crozet Master Plan with regard to residential densities? The Planning Commission was generally comfortable with the averaging and gross density for the overall site. 3. Amenities and green space: Are the amenities and green space the applicant is providing sufficient for the residential units proposed? The consensus of the Planning Commission was that they would like to see more functional amenity areas. The applicant was advised to work with staff to explore additional opportunities within the project for increasing amenities. The Planning Commission suggested the applicant pursue parking reductions and work with Engineering to see if storm water detention facilities could be placed underground. 4. Mixture of uses: Does the Planning Commission find the mix of uses proposed in Liberty Hall appropriate? The Planning Commission generally agreed with staffs judgment on the mixture of uses since the other uses suggested in the Master Plan are fairly close by. It was suggested that the parking be reduced as much as possible. 5. Mixture of housing types: Is the mixture of housing types proposed by the applicant for Liberty Hall appropriate? The Planning Commission concurred with staffs finding that the three different housing types was appropriate. Concerns were also raised about the massing and size of the office building in Block 1 and the relationship to the adjacent residential units. Ways of alleviating this were suggested, including compressing the parking area and making more open space or breaking up the massing of the building(s). 6. Interconnections: Are the interconnections proposed by the applicant appropriate and do they meet the intent of the Crozet Master Plan? The Planning Commission has no problem with the interconnections including pedestrian access. ALBEMARLE COUNTY PLANNING COMMISSION - JANUARY 17, 2006 DRAFT MINUTES - ZMA-2005-005 LIBERTY HALL (CROSS PROPERTY) 2 . - - The proposed location of the traffic signal was discussed. It was the consensus of the Planning Commission that the proffers should be flexible to allow a contribution to a traffic signal on Route 250 at Radford Lane or the proposed Eastern Connector at Cory Farm. 7. Affordable housing: Is the applicant making appropriate provisions for affordable housing within the Liberty Hall development? Staff stated that the applicant is proposing that 7 of the 8 stacked units to be affordable. There is a proffer that has language in it. There was a question as far as the 90 day provision. That is something that staff has seen in other proffers. It was in Old Trail. It is something that Housing is okay with. The Planning Commission was concerned about the proffer that gives the County 90 days to find a buyer. If they don't find a buyer in 90 days it goes back on the open market. The Commission agreed with the applicant's proposal to work with Mr. White on extending the 90 days period to at least 4 to 5 months. 8. Off-site impacts and Proffers: Are the proffers submitted adequate to meet the impacts generated by this development? The Planning Commission asked that the following issues be addressed: . Provide information on impacts to school and other fiscal impacts. · On page 12, second bullet point concerning the sidewalk/street tree issue noted that the sidewalk and street trees are not provided on all streets within the development. In addition, cross-sections on the street plan do not match the General Development Plan and Landscape Plan. Staff needs to work that out with the applicant particularly along Radford Lane. · Staff pointed out that this is the only area in Crozet where there is a neighborhood that crosses over 250. The remainder of 250 in theCrozet Master Plan was shown for buffer preservation in the CT area along the road. Staff asked that the Commission weigh in on that as well. There were some traffic and safety concerns expressed by the Commission regarding crossing over 250. · Staff pointed out that they were still working with the applicant to make sure they address the ARB's comments about the office building. The following proffers are also being worked on: The cash proffer possibly being increased with Wickham Pond; Affordable housing proffer and traffic signal proffer was discussed; and the fiscal impact analysis was not in the packet, but staff hopes to have that for next time. Any requests for waivers will be brought to the Commission at a later date. Ms. Joseph complimented Ms. Ragsdale for an excellent staff report. She pointed out that the Commission would be holding a public hearing on this request in February. (Recorded and transcribed by Sharon Claytor Taylor, Recording Secretary.) ALBEMARLE COUNTY PLANNING COMMISSION - JANUARY 17, 2006 DRAFT MINUTES - ZMA-2005-005 LIBERTY HALL (CROSS PROPERTY) 3 . There was a lot of discussion at the work session about the amount of amenities provided within the development for both their functionality and acreage devoted to amenities. Also, there was some feedback on working with engineering staff. Following that discussion the amenities plan and the storm water management plan has been revised. Regarding the storm water management revisions, engineering is okay with the concepts as the applicant has proposed them. Once the final plans are in staff will review those concepts in detail. Also, the amenities areas have been increased. There was a pond that was placed underground and the amenities have been increased in two of the blocks of the project. The first block is the mixed use block, which would have the office building and two rows of townhouses and the condominium apartment units on the ends. Also, there are trails now which could potentially connect into the greenway system. . Regarding Planning Commission comment about the design of the project, there were comments regarding garage doors within the project being front loaded. The applicant did submit some additional architectural information, which is on the board. This provides a picture of the townhouse units and what they would be like with the first floor garage and entry and then two levels above. There are some architectural details on that to address the repetitive nature of the garage doors. That is something that has not been incorporated into the Code of Development. Staff requests comment from the Planning Commission on the change in the garage doors. Those were the major changes to the plan. . As far as proffers, the applicant did revise each of the proffers to increase the cash contribution from $1,000 per unit to roughly $3,000 per unit. That is consistent with the Wickham Pond I rezoning. There was some discussion at the last meeting about affordable housing and the time frame within the proffer for the County to provide a buyer for the units. Ron White, Housing Director, is present to help explain how the program works and why he is comfortable with the 90 day time period. The applicant did provide a more extended time period, which may be appropriate with this project. But, he wants to explain how it works and why it may not be appropriate with all projects. In addition, the traffic signalization proffer was modified so that it could be used for signalization at locations on Route 250 other than at Radford Lane. A new proffer was submitted since the last meeting proffering an overlot grading plan. . Regarding the waiver requests, there were several sets of waivers made to both the zoning ordinance and the subdivision ordinance. In the report staff goes through the zoning ordinance section 4.2 waiver requests in regards to critical slopes. Also, there was a section 4.0 zoning ordinance request for on-street parking. As a provision for planned districts in the Neighborhood Model, there is opportunity for applicants to request waivers to those sections. There are specific criteria that they went through. There are also subdivision ordinance sections that the applicant has requested waivers to. Staff noticed these inconsistencies with subdivision ordinance standards in the review of the rezoning, and therefore are bring that to your attention now. There is a different section of the subdivision ordinance that refers to conditions of approval criteria for the review of the waiver with the regard to the county engineer and sound engineering practices in accomplishing the goals of the Comprehensive Plan. . With regard to those waivers, staff did not recommend approval of the critical slopes waiver based on the engineer review and what staff found in looking at the open space plan in the Crozet Master Plan. Staff recommended approval of the on-street parking request with the notes provided by zoning. There are some stipulations and it is a conditional approval. Zoning wants to provide the opportunity in the future based on the fact that the shared parking and the arrangements that are made are at the upper limit of what they are comfortable with. Zoning wants to make provisions for in the future if future owners once the office buildings and residents are in there and have parking problems that they have opportunities to remedy that solution. This is tied in to remedy that problem with a solution. This is tied into the amenities revisions. In order to increase the amenities in block 1, they reduced the parking. So the amenity area notes would carry through, if Liberty Hall was approved, on future plans such that area would be potential parking if needed. ALBEMARLE COUNTY PLANNING COMMISSION - FEBRUARY 21, 2006 DRAFT MINUTES - ZMA-2005-005 LIBERTY HALL (CROSS PROPERTY) 2 . · With regards to the subdivision ordinance section waivers, they were for sidewalks and planting strips. Within the right-of-way on the main road, Radford Lane, which goes into the project, the applicant was able to obtain right-of-way to make those improvements. Radford Lane would be improved to a public road according to VDOT standards. Staff recommended approval of a waiver on the west side for no sidewalk and street trees adjacent to the Masonic Lodge property, which is the property right on the corner of Radford Lane and 250. Then on the other side or the east side of Radford Lane there were waivers to the planting strip requirements. The proposal is to provide no planting strip from Route 250 to the connection with Clover Lawn and then a planting strip reduced in width the remainder of the intersection with Clover Lawn and what is termed road B on the application plan. Road B from that intersection eastward was the other road section where a waiver was requested for no planting strip or sidewalks on the south side of that road. All of the roads within the subdivision would meet the street section standards in the subdivision ordinance. . · After staff's review additional information that was not mentioned that staff provided in the report is more detailed information regarding density and the Crozet Master Plan, which Mr. Cilimberg will explain following the staff report. Staff's final conclusion regarding this request was that they could not recommend approval based on the factors regarding the critical slopes and at the time of the review the applicant had provided seven affordable units where the goal is 15 percent of the total number of units, which would be eight units. The applicant has since indicated that they will be willing to proffer the full 15 percent. It is one additional unit from what they were proffering before. Also, in regard to the density and intensity the overall project is below the Master Plan guidelines for the total number of units for the project. But, there are some portions of the site that have slightly higher densities than what was recommended in the Master Plan. Also, looking at Table One there are other considerations besides the density, which is lot coverage, number of stories with regard to the criteria factors in evaluating the rezoning. Overall, staff does not feel that the density is inappropriate for that site and it still fits within the concept of the Neighborhood Core in Crozet as suggested by the Master Plan. But, staff was not recommending approval based on their concerns. Ms. Echols asked to provide a little more clarification about the critical slopes. As shown on the plan, there is a band of critical slopes that is adjacent to the road extension. That band of critical slopes is going to be disturbed with the disturbance of the road in that particular area. The engineer was most concerned that there was no good way to mitigate those impacts to keep the run off from going down that ravine towards Lickinghole. In talking to the engineer after receipt of his report in trying to get a better understanding of it, what he was trying to convey was that because of the road location there was not way that they could mitigate those impacts without having some run off issues. The engineer said that if they were to eliminate the road and not having that road connection in that location that they would eliminate those concerns. That was not crystal clear in the additional information. The Commission needs to identify whether they think that interconnection is essential. If the Commission feels that it is not an essential connection to the development, it is possible that there could be slight redesign of the plan so that they would not have that road going to the north. Then the impacts would not be so great. . Mr. Cilimberg asked to speak to the density matter. It is one that has become a focal point of some discussion regarding Crozet and the intentions of the Master Plan. For the community it is a matter of their attention and concern in some cases. For the Board of Supervisors, it was a matter that staff actually discussed with them back at their January meeting regarding what the Master Plan's result might be in terms of the density application, which was included in the table, which has been provided tonight. It is one of the tables within the Master Plan document. Table one speaks to a number of aspects of how the different place types in Crozet would develop under these guidelines. There are sections on general description, density, spatial enclosure and building siting. He asked that they step back a moment to the application of density traditionally as regards our Comprehensive Plan. Up through the latest Land Use Plan of the County in 1996, the densities were for gross land area. There were two density ranges in that plan of 3 to 6 dwelling units per acre for neighborhood density and 6.01 to as much as 34 dwelling units for what was considered urban density. Those planned designations were not used in the Crozet Master Plan. The Master Plan was really focused on a more urban type of form. There were different land use classifications used and essentially they were the various CT types that were to be applied to the different ALBEMARLE COUNTY PLANNING COMMISSION - FEBRUARY 21, 2006 3 DRAFT MINUTES - ZMA-2005-005 LIBERTY HALL (CROSS PROPERTY) elements of the Crozet area. They were also reflected in the map for Crozet of place types. One of those categories was density. Instead of speaking to gross residential density it speaks to net residential density. In staff's opinion, that is a different manner for trying to determine what density might be for a particular area. Under the Land Use Plan in 1996 using neighborhood and urban density category with the 3 to 6 and the 6 to 34 dwelling units per acre it was fairly easy to take gross acreage and calculate gross acreage in each category and determine what the density range would be. That would give the possible densities over a gross area. The net densities that could occur under the 1996 Land Use Plan might be greater than that because someone may decide through their particular project type that they are going to take their 6 dwelling units per acre that they can do over a gross area and fit that all within a smaller area that they are actually developing. That is the net area and where they would utilize their acreage. The net densities could be higher. Starting in the Crozet Plan from this net density, staff had to try to figure out a rule of thumb for applying that. Honestly, it was not something that came up during the Old Trail review, but it should have. The Old Trail review yielded numbers that were not based on an analysis of net density application. They were not based on information that they have since been able to get as to the actual acreage under the various categories in Crozet. They went through a process of digitizing the Crozet Master Plan to determine that, which was not part of what was got in the product that was provided for the Master Plan. Staff had to determine what could be a rule of thumb for determining net density in these various areas. Before they had to go and apply the multipliers that are seen in the table. Staff used 80 percent as the rule of thumb, which is on an across the board general basis. On 80 percent of the area they were estimating would be available for development within particular areas. That is where staff would then apply these density multipliers. Staff felt that these multipliers were intended to address the density that would be realized within the area that is actually being developed rather than over the entire gross area of a particular land area. So it yields somewhat a lower number than if you took those same multipliers and applied it to a gross area. That is how staff's analysis has been done for this Liberty Hall project as well as for the other project Wickham II that they have before them as a work session later on tonight. Table One on the first page under Crozet Master Plan indicates the CT types, the possible densities that the Table One, which was handed out, would provide for the gross acreage that is in Liberty Hall under theCT designations and the net area or the 80 percent area that would be considered the area to which these multipliers would be applied. That is why they come up with a maximum of Master Plan units that is based on taking the high end of each of the CT net density multipliers and applying it to that net acreage. Mr. Edgerton stated that he had a question on the critical slopes issue for Ms. Echols. He asked if they were willing to forego that interconnection if it was the entire road to the north. Ms. Echols stated that it was just the stub that goes up to the north part. There is another opportunity on the west to get to the property on the north. She stated that it would not mitigate all of the concerns, but it would mitigate a great deal of them. One of the other things that Mr. Brooks was concerned about was the fact that there might be some off site grading easements that were needed and he did not know whether that had been taken into account by the applicant. The applicant has said that they felt like they could do all of the work that they needed to do on their property. Mr. Brooks was not as convinced of that. She felt that potentially in taking that connection out they might be able to mitigate that. Staff has not discussed that option at length with the applicant, but only as an option. She did not know whether they wanted to do that or not. There may be some future development issues for the area north of there that the applicant has a desire to have that connection for. Staff really has not talked with the applicant about that in detail. If it is not needed for any future land development to the north, then staff's opinion is that they could take that connection out and have less of an impact on those slopes. Mr. Edgerton asked if Mr. Cilimberg calculated things like critical slopes in the table within that 80 percent. Mr. Cilimberg stated that the 80 percent factor was a rule of thumb that is looking at it across the board. That 80 percent would include that. Very honestly there could be some properties that are not even developable to 80 percent of their area. But, some would be developable to possibly 100 percent. So the 80 percent is not going to be totally 100 percent because they had to consider those things that were not part of the actual residential development, such as streets and park areas, etc. But, it is the rule of thumb that staff tried to come up with to generalize and reflect what could be in those kinds of conditions. In addition to the net residential density, which is certainly one of their guidelines, there are other areas ALBEMARLE COUNTY PLANNING COMMISSION - FEBRUARY 21, 2006 DRAFT MINUTES - ZMA-2005-005 LIBERTY HALL (CROSS PROPERTY) 4 . . . shown in this table that are of importance in and of themselves. They are looking at a combination of whether the density is right and whether what they are getting in terms of the form of the development fits the plan as well. That is why he felt that it was important for the Commission to be considering the variety of factors laid out in the table. Mr. Edgerton felt that it would be dangerous to get too locked in on the hard numbers without looking at the land. Mr. Cilimberg stated that it was just one of those pieces that staff wanted to make sure that they understood in terms of how it was being provided. There being no further questions for staff, Ms. Joseph opened the public hearing and asked the applicant to come forward and address the Commission. Vito Cetta, representative for Weather Hill Homes, supported the concept of the Comprehensive Plan to focus the densities in certain parts of our county and making them very urban. He presented a power point presentation that included examples of other projects he had built in Crozet with similar styles recommended in this proposed development. He realized that the Master Plan was still a little bit of work in progress and staff has interpreted it differently lately. An example, the affordable is calculated by taking 15 percent of the total. Previously it was done by taking the market rate units and adding 15 percent. So that has been adjusted. The 80 percent is something new. They are here to cooperate and to do a good job. They have cash proffers. They have the affordable housing. Mr. Cannon asked if the road across the critical slopes was moveable from his standpoint. Mr. Cetta stated that he met with Mr. Brooks and he said that a quarter of an acre was in critical slope and that this works on paper. It seems like it makes sense to put it in now. But, he would be happy to do anything that staff wants. Ms. Joseph asked if the graphics for the garage doors was something that they would put into the Code of Development. Mr. Cetta stated yes, that it definitely would be put in the Code of Development. They would also be prepared to proffer the architecture as well. There being no further questions, Ms. Joseph invited public comment. Scott Peyton stated that he would like to address the Commission this evening both as a life long resident of western Albemarle County and also as President of the Scenic 250. Scenic 250 is a citizen's organization of long standing that has been working cooperatively for over ten years with both concerned residents of the County as well as the county government to preserve and protect the rural and scenic nature and quality of the 250 west corridor. With regard to the Liberty Hall proposal he would like to address initially the commercial component that is proposed. He would like to reference the master planning process in which the citizens of Crozet spoke very speCifically and directly to the desire that there not be a proliferation of additional commercial development along the 250 corridor. He would like to point out that the adjacent property to the east, Clover Lawn, and the commercial properties to the south, being the existing Blue Ridge Building Supply and the proposed Blue Ridge Shopping Center, are grandfathered Highway Commercial properties and should certainly not be taken as a precedent for rezoning additional properties along the 250 corridor from residential to commercial applications. He viewed that as being very counter to the extensive work that has been put into the master planning process. With regard to the residential density that is proposed, Scenic 250 strongly opposes that type of density directly accessing right onto 250 as being counter to the vision of the county to preserve and protect the existing nature of that highway. It would be better served for that density to be closer into the interior of the Crozet growth area where more appropriate infrastructure would be in place to service it. David Wayland stated that he was a resident of Crozet and serves as President of the Crozet Community Association, but was not representing them tonight. He grew up in Crozet. He stated that he was very ALBEMARLE COUNTY PLANNING COMMISSION - FEBRUARY 21, 2006 DRAFT MINUTES - ZMA-2005-005 LIBERTY HALL (CROSS PROPERTY) 5 concerned about what was happening in their end of the county. Development after development is coming. They know it and sense it. He attended a number of the Master Plan meetings for several years. What they thought that they approved, of course, was 12,000 people for Crozet. They have been told that they were mistaken about that because it was really 24,000 people. Next time it will be 36,000 people. At some point the Planning Commission and Board of Supervisors are going to have to say no. They have to say that they can't keep rising what has already been approved higher and higher and higher because it is just not going to work. They are going to have far more people than the Master Plan ever dreamed of or that the people of western Albemarle really want. He asked to leave the Commission with an image, which is a country image. He lives on a farm and has an apple orchard. He has frogs in his pond. When he was growing up they said do you know how to boil a frog. You don't put him in boiling water because it won't work that way. What you do is put the frog, which is Crozet, in a pot of cold water and you slowly turn up the heat and before you know it he is cooked. Crozet is being cooked slowly piece by piece. He felt that the people who have their hands on the controls are the Planning Commission and the Board of Supervisors. They don't want them to turn up the heat too fast. They want a slow growth according to the plan that has been approved. He asked that the Commission please listen to the citizens because they have lived there a long time and love their area. He asked that they keep it according to the plan that they want. Tom Loach, resident of Crozet, stated that the original DISC report shows that the ideal maximum population for Crozet should be 12,198. The Master Plan has eleven references to the population of 12,000 and not one to a population over that number. There is now a petition in Crozet to maintain the Master Plan at 12,000. There are over 1,000 signatures and it is still growing every day. That is 1,000 people who are probably wishing that they never heard of the Master Plan. He felt that the county has deliberately defrauded the community of Crozet with this new 20 year/24,000 model and challenged them to produce any evidence tonight to that, which they have not done to date. He felt that the community in the end would prevail just by the nature of their community. The only question there is now is how much damage will be done before they win. Ellen Waugh, adjacent property owner, stated that most of what she was going to say has already been said. But, as an adjacent property owner she would like to reiterate that the density question is out of whack with this particular lot since it was on 8 to 10 acres. She was also concerned with the road coming in. She is concerned because there is really no other way in or out at the present time nor would there be for a long time in the future until monies are approved. She thanked the developer for the work he has done on the plan. She underscored the escalating density as one of her concerns. She questioned if there was a cap on the height of the commercial buildings. She asked that staff take a look at the commercial and retail space. Mary Rice asked to pick up on where the last speaker left off. This area is CT-3 and CT-4. She encouraged the Commission to get their Master Plans out and review Table one. In Table one under CT- 4 in the general description it says developed with the highest and says it supports the center (a neighborhood) with a variety of residential types and some mixture of uses. But, if you turn the page to Table two it gets more specific about that mixture of uses. This is a neighborhood/village in a CT-4. Under limited it says, which is the summary of uses, houses, row houses, accessory units, bed and breakfasts, inns, home offices on first floors and auxiliary building, childcare, coffee houses, neighborhood and convenience stores, craftsman workshop and bicycle and furniture repairs. Then go down to office. It says live work unit home office commercial first floor with residential over. There are no commercial offices like this in CT-4. This is CT-5. So I would hope that the Commission would look very carefully at this. She worked hard on the Master Plan and felt that they have to follow it as closely as they can. Secondly, she would like to bring up the density for two reasons. The first one is that she remembers back when this was designated in the neighborhood by the consultants because of the grandfathered grocery stored that is going in there. That grocery store that is designated for the purple area was grandfathered. So the consultant said that well wouldn't it be a good idea to make this a neighborhood. She felt that they have to look hard at the densities considering the western build out and they know there is going to be a village in the center of Old Trail and then downtown. She asked how much density they really want out around this grocery store. Of course, the last thing she wanted to bring up about the density is if you take the 3,500 people who are living in Crozet as of June, 2005 and you add in all of the currently rezoned and to be built areas with the Cross property and Wickham Pond II they are ALBEMARLE COUNTY PLANNING COMMISSION - FEBRUARY 21, 2006 6 DRAFT MINUTES - ZMA-2005-005 LIBERTY HALL (CROSS PROPERTY) . . . up to a total of 10,549 people. That is not in the county pipeline. That does not include Peyton Place, the addition of Parks ide, West Hall Phase 3, 4 and 5 and the Meadows expansion. It does not include those. This is only using a 2.4 multiplier for things that have currently been rezoned. Barbara Westbrook stated that her family has lived in Crozet since the 1920's. She has no problem with the plan and felt that it was very good. However, her concerns are for Crozet starting with 250, which is already overcrowded. She understood that Route 250 could not be widened. It is increasing the amount of traffic on Route 250, particularly going into the Charlottesville in the morning. People are not using 1-64 from Crozet because of all of the school traffic. The traffic for this project and Wickham Pond should be a real consideration. Route 240 is already overcrowded. Route 250 is slowly turning into a 29 North with more and more commercial space. In addition, she felt that they don't have a really good count on the actual population, including what has already been rezoned. She suggested that future applications for rezoning should be put on hold until they get an actual count. Once they go over and allow more than is in the Master Plan, then there is nothing that can be done about it. She wished that there was a way that they could know the exact number of people that live in this area and are in the works for moving here. Jeff Werner, representative for Piedmont Environmental Council, stated that he wanted to address two things. One, is that there is nothing in particular about this project except that it is just more growth. He felt that the public has asked some good questions. Everybody says yes growth in the growth area. But, now folks are beginning to ask how much growth in the growth area. The current Comp Plan is a 20 year plan and not a 20 month plan or a 20 week plan. He has been tracking projects that are currently in the pipeline. Some of the projects have already been approved. Some are just Comp Plan Amendments. This includes Biscuit Run, North Point, Rivanna Village and Albemarle Place. It is almost 14,000 dwelling units in the county's pipeline. These projects are ready to go once they get approved. Because this is growth in the growth area he felt that the Board will approve them. For some context, between 1984 and 2004 in the growth area the county issued building permits for less than 1,200 dwelling units. So what is the rush in the development community to get these things into the pipeline? What they like to tell you is that they are doing it so they can build affordable housing. Of course, we know that is not happening. He noted what he was most concerned about was that they know that the national scaled builders, such as Ryan Homes, will not buy land unless it has been rezoned. So that is also happening. But, they just keep getting affordable housing thrown down our throat. They are being told that they have to approve these projects or they can't build affordable housing. He voiced concern about the proffer on affordable housing that gives the county 90 days to find somebody or the developer is putting the units back on the market. If they really are concerned about building affordable housing, then make these units affordable. If it takes 9 days, 90 days or 190 days, let's get somebody in that house that needs affordable housing. If at the end of a period of time that they are finding that nobody is buying these units that are affordable, then maybe they need to figure out what exactly is going on. If the community has to accept density in the name of affordable housing, then make these units affordable and available to the folks that need them. He felt that something was really wrong here and that the Crozet folks have really got it right. Let's slow down, take this list and figure out what has been approved. Let's figure out where we are. Quite frankly, 14,000 units at about 2.5 persons per dwelling units is about 30,000 people. He asked that the Commission really think about this. There being no further public comment, Ms. Joseph closed the public hearing to bring the matter before the Commission. Mr. Edgerton asked Ron White to give the Commission a reason, even though the developer is willing to extend that 90 days, why we don't need to extend it. He did not understand what the harm would be in extending the 90 day turn around. Ron White, Director of Housing, stated that there is no problem with an extension of 90 days. The question that was asked was why do we have 90 days and what does that 90 day period mean. He felt that they had talked about that in context with the density bonus. The 90 days is really the period of time that they felt that they needed to have prior to the house being completed. They have had developers come to them and say that they want to give notice when they have a site plan approved and they are going to pre-sale these units. The population which they are dealing with is not move up home buyers, but are first time home buyers who would need to see a produce before they are going to sign a contract. ALBEMARLE COUNTY PLANNING COMMISSION - FEBRUARY 21, 2006 7 DRAFT MINUTES - ZMA-2005-005 LIBERTY HALL (CROSS PROPERTY) The 90 day period is a formal period that is nailed down close enough to a time that unit is likely to be occupied. It does not include a period of time for closing. The 90 days is intended to be the period of time for if they had not already had a buyer identified and ready that they would get a buyer identified and ready. Or it might not be coming from his office. A sales agent for the developer may send someone to his office. The county or PHA or anybody else is not going to find everybody for all of these units, but will come from other referrals. The 90 days is the period of time that there will be an executed and accepted purchase contract. The closing takes place beyond those 90 days. That time does not count. Extending that time period is no problem whether it is 150 or 180 days. But, the idea of the 90 days was really the concept that it is sold. When they find out that the site plan has been approved they are going to start looking for people based on that. The 90 days is like a formal written statement that this unit with 3 bedrooms, two baths and whatever amenities will be available at such a date. The dialogue with the developers and lenders is intended to be much longer than that 90 day formal procurement. Mr. Edgerton voiced concerns about limiting it to 90 days because he did not want to give up the promise that was being made to them for affordable units in these projects. He suggested that they get away from the 90 days and to make more of a commitment to it. He felt that what it was all about was that there was a need for affordable housing. He did not want it extinguished after 90 days for any reasons. Mr. White stated that they needed guidance from the Commission and the Board on whatever period of time it was and whether that period goes past the date that unit receives a CO. Ms. Joseph questioned why they have a time limitation because when they approved 15 percent housing they just assumed that it was there forever and it would not extinguish within a certain limit of time. Mr. Edgerton stated that they needed to figure out a way to ensure that it stay affordable. Ms. Joseph felt that the major concern was to make sure that the unit could not be flipped and somebody makes a whole lot of money on it once they have bought it. She thought that they were providing affordable housing stock and not just crossing their fingers and hoping that it would work within 90 days. Mr. White stated that to ensure beyond exercising or enforcing the proffer to provide any other assurance that number one, the units get built; number two, the units are affordable; and number 3, the units remain affordable for a period of time whether it is 10 or 15 years. That will require covenants to be recorded with the properties, which is something that he is writing up now to bring back to the Commission as a decision with the density bonus. But, it may also be something that they might want to consider. That was not a discussion that they had with the advisory committee that had a number of developers on it. One view is that these are proffers that we are getting. There are currently 400 plus units proffered. They have about three quarters of a million dollars of cash proffers now. They are seeing proffers of 15 percent of developments. Another way of looking at that is if they go the route of adopting an ordinance that puts covenants and restrictions on those properties will they continue to get proffers. Mr. Morris asked if the 90 day period based on any data that was accumulated from other localities that have affordable housing. Mr. White stated that he would have to go back and look at the period that Fairfax has, but that they are able to buy the units if they are not sold on the market. He noted that the county does not have the resources to buy the units to keep them affordable. Mr. Craddock asked if he was happy with the type of stock that Mr. Cetta has proposed and if they already have people in line for things like this in that area. Mr. White stated that they have very few people that have gone through their home buyer's club or people who have gone through PHA's counseling program that could purchase a home for $170,000 or $180,000 without some level of subsidy. There are quite a few people who could carry $135,000 to $150,000 mortgage. The type of unit is another question. If they could go across the mountain and buy something other than a stacked flat in that price range, which he was not sure if they could do now, that it would come down to a housing choice. But, he felt that the price range is certainly attractive. They don't have ALBEMARLE COUNTY PLANNING COMMISSION - FEBRUARY 21, 2006 8 DRAFT MINUTES - ZMA-2005-005 LIBERTY HALL (CROSS PROPERTY) . . . any history of this type of housing type in this locality. So it is going to take some market acceptance of any type of new unit that comes along. He stated that they were talking about some type of attached product. After discussion, the Planning Commission was supportive that this 90 day period be removed and that a line is drawn. Ms. Joseph pointed out that these were problems that the Commission needs to take up at a future work session. She pointed out that Mr. Cetta had extended the proffer from 90 days to 120 days. Mr. Cilimberg stated that whatever the number of days might be that their way of accepting or rejecting that is through proffers. Therefore, the Commission could not establish that number because it would be whatever they get through the proffer. Mr. Cannon suggested that some market data on this issue should be provided to the Commission. Mr. White stated that the market data for the days that the all units are on the market in Albemarle County is less than 50 days. Ms. Joseph stated that the other issue that they were hearing a lot of concern about was the density issue. She felt that Ms. Ragsdale explained that to the Commission and now they needed to decide whether they want to look at the high end of the density or whether they think that it should be more moderate. Mr. Strucko asked if the current zoning has 11 units by right on this property. Ms. Ragsdale stated that it was 8 acres zoned R-2 so that with the bonuses it would be 11 units. Mr. Strucko stated that he shared the concern with the density. The Crozet Master Plan has this area as being developed along the CT-3 line. But, he was concerned about the traffic along 250 and it moving east of Charlottesville. Also, he was concerned about some of the comments that the public made regarding flow to 1-64, which was the intended to be the east/west corridor between Crozet and Charlottesville. He respects the concept of Scenic 250 and any kind of traffic impact on 250 between Crozet and Charlottesville is a concern. He was also concerned about the proposed commercial use there. Any kind of generic office building always causing him a little alarm because he did not know exactly what uses would be used in there. Certainly the Master Plan was clear about what to use in a CT -4 area, which more the neighborhood level commercial use. It was not to attract additional cars from outside the area in. Again, he has a concern about that which goes to the traffic coming in. He also has concerns about the critical slopes in a water sensitive area. They already talked about the park, the pond and affordable housing. The virtue of this project as proposed is that it proposing 9 single-family detached and 40 units that are attached in some form or fashion and that gets us closer to the affordability issue. There are other impacts that off set it, such as the impact on 250; the general density of the area moving from its original zoning to something much higher from 11 units to 50+. Ms. Joseph stated that as you look at page 2 staff has given us a little table. The explanation is that they are looking at the higher end of the density. They have heard a lot from the neighbors. She asked if that is the density that they envisioned. She knew that they were trying to build out our growth areas. They are trying to make sure that is where the growth occurs. Is it the intent to go high in every place? She noted that she did not know. But, there has been a lot of concern because of what people thought was going to happen for the Master Plan and what's happening now. It is very difficult because they have this document in place now that says that they can have these certain densities. So how do they deal with what we think might have been a misunderstanding at this point? Mr. Strucko stated that it was a balancing act. They want to concentrate the development and growth inside a designated growth area, but they don't want to overwhelm it so it suddenly becomes an undesirable place to live. It certainly overwhelms the existing infrastructure there. Again, there are no plans to widen 250. That has been a long standing county policy. Suddenly they have a corner of the ALBEMARLE COUNTY PLANNING COMMISSION - FEBRUARY 21, 2006 9 DRAFT MINUTES - ZMA-2005-005 LIBERTY HALL (CROSS PROPERTY) Crozet Master Plan that will get an intensity of uses that is more intense than it already is. With Cory Farms already there he was not certain that this won't push it over the edge of something that is a complex tangle or something that is not a desirable place that does not facilitate the movement of people in a neighborhood where they want to live. He shared the concerns with the population figures. He attended the Crozet master planning work sessions over a course of a year, too. He agreed that it was never the intent of that community to create a mini city out there one-half the size of Charlottesville. But, be that as it may they do have the map in front of us and the plans laid out do call for some development in this area. He felt that the question was the extent of that development. Mr. Edgerton shared all of his concerns. But, one of the things he was struggling with that they heard loud and clear from all of the neighbors the concern about this new dilemma of 24,000 versus 12,000. He felt that jury was still out on what number is the right number. They do have a Master Plan that was adopted by this county. Our commitment to this county is to direct growth into the growth area and to preserve the rural areas. He felt that 75 to 80 percent of the county wants to preserve it. This plan, if he was reading the numbers correctly with net acreage versus real acres versus maximum units the Master Plan called for 30.99 in the CT-3 area. But, on the plan they are proposing 31. The Master Plan called for 29.52 in the CT -4 area, and the plan is recommending 22. So they are about 7 short of what the Master Plan calls for. He did hear one comment that gave him great cause from Mary Rice, which he needed some help from staff on, about whether what is being proposed for the commercial is in fact appropriate for CT -4 or CT -5. The plan is very clear that this one little section of the Master Plan that is part of this property is CT-4 and they should not be putting CT-5 development in a CT-4 area. He felt that was an appropriate concern. But, he felt as a Commission that they have responsibility to respect the Master Plan. If they don't like the Master Plan, then they need to amend it, and they are constantly going through that. But, they do have an acceptable adopted Master Plan for Crozet in the Comprehensive Plan. He opposed deviating from that because of some unknown numbers that mayor may not happen. They have made an enormous amount of commitment to this community to direct growth into this community with infrastructure that has gone in over the years. It is not available anywhere else in the county. Mr. Morris asked staff to provide some clarification on that concerning the CT-4 and CT-5. Ms. Ragsdale stated that was a topic that the Commission had discussed at the work session. Staff did provide some analysis and feedback on the plan. In this case that office building is right on the line of the CT -4/CT-5 area, which are not precise lines on the ground. Staff brought that up at that Planning Commission meeting. They are only proposing office uses for that building, which would be administrative, professional or government uses. It could be medical. There would be parking issues if it was dental. But, those are the only uses that are allowed per the Code of Development for that building. She felt that was some of the factors that got them to that being appropriate in the CT-4 area looking at it in the context of the neighborhood and what exactly they were proposing. Mr. Edgerton asked if the CT -5 was the purple area. Ms. Ragsdale stated that the CT -5 was the dark purple area. Mr. Edgerton asked if all of that area was grandfathered before the Master Plan was done. Ms. Ragsdale stated that there was some prior commercial property. As far as this particular neighborhood in Crozet she had mentioned last time that it was the only one that has development across 250. The remainder of the Crozet development area boundary with the rural area is Route 250. So through the Master Plan they may have been responding to that. It was identified as a center through the Master Plan process based on some of the pre-Neighborhood Model pre-Crozet Master Plan factors, but that zoning that was mentioned earlier. The property that is CT-5 south of the office building that they have been talking about is the Masonic Lodge property just for reference. That is the background as far as that neighborhood goes. With regards to the office building, the ARB provided some preliminary comments and will review the building again and make sure that their comments are addressed. But, the drawing elevation that the applicant has provided she is not sure if it does or does not address their comments. ALBEMARLE COUNTY PLANNING COMMISSION - FEBRUARY 21, 2006 DRAFT MINUTES - ZMA-2005-005 LIBERTY HALL (CROSS PROPERTY) 10 . . . Mr. Strucko asked what prevents retail uses in this office building. Ms. Ragsdale stated that they simply were not allowed. The Neighborhood Model Code of Development establishes these zoning uses that are allowed. If the building gets built and someone comes in to occupy that building there is a system with zoning that requires a zoning clearance. At that time staff would check to make sure that use is allowed. There is a system up to people occupying the building, which would be checked off along the way throughout the site plan and then a zoning clearance. The retail uses would not be allowed. Ms. Echols stated that the Code of Development that the applicant establishes themselves is what governs what uses are in there. The applicant is saying that they don't want any retail and they are putting that in their Code, which is their zoning. The applicant is asking only for office and no retail. Mr. Morris agreed with Mr. Edgerton that they have to look at the Master Plan and judge it on that. He stated that he could not support this particular petition simply because of the critical slopes and the storm water management. Other than that it meets the criteria as far as he was concerned. Ms. Joseph asked if he was okay with the density, and Mr. Morris replied yes. Mr. Cannon stated that he was hearing serious issues from the public. But, the issues seem to relate more to generic problems than to the merits of this particular proposal apart from the steep slopes and storm water issues, which the applicant is prepared to deal with in whatever way they direct. He hears concerns about population ceiling in Crozet, which is an open issue and has to be dealt with. But, right now they were not busting the 12,000 ceiling yet with the information that they have. If somebody has information to the contrary he would be interested to know. The other concern that he hears is pace. Even if they wanted to build out to a certain amount, are they doing it too fast in a way that is putting pressure on? But, they don't have any rules or guidelines for pace. So to take one development arbitrarily and say stop or don't when it otherwise meets our criteria is very difficult and problematic for the Commission. He felt that those two generic issues have to be pursued, but they have to be pursued separately from the merits of this particular application. Ms. Joseph asked staff if they are tallying this as development comes into the Crozet area. She asked if staff is keeping a list of what they have got and what is coming in so that they know just about how many units are being created. Mr. Cilimberg stated that staff has actually very recently just about completed the list and they can provide it to the Commission. The question of whether or not they are getting to a number of units that yields 12,000 people is dependent upon not only the rezonings that might occur, but also subdivision and site plan development under by right conditions. He felt that what they have found in the numbers is that the number of units between rezonings, site plans and subdivisions that have been approved are those that are working through the process and could very well yield the 12,000 population if they were all developed. He asked to step back to something because he felt that there has been a good question raised regarding the whole issue of the 12,000 so that the Commission understands what the Board was told back in January. The 12,000 from the point of view of staff interpreting the plan has been that was a population that was anticipated in the 20 year period of the plan to be the population of Crozet. Infrastructure needs to be programmed according to that. There was actually in the plan an estimate of population growth that would occur and infrastructure was identified in accordance with that. For the community he thought that their feeling was very definitely from what they were hearing that the 12,000 was to be the true build out of Crozet. Staff discussed with the Board a perspective of staff versus the community. Staff really asked the Board at that time to provide us guidance because there were two very different interpretations. What staff did analysis using GIS data and removing areas that were not to be developed according to the Master Plan is that if you look at the ranges in the table, the possibilities of densities ranged in the CT-3 from 3.5 to 6.5. The CT-4 ranged from 4.5 to 18. That is a wide range particularly in the second case. Even when staff took away the rule of thumb of 80 percent, when they applied the 80 percent of area that was undeveloped or could be further developed under the plan within the CT areas that was subject to development and utilizing ranges that exist in the plan, staff got units that could yield an estimated population of between 13,000 plus and 24,000. The 24,000 was the top end ALBEMARLE COUNTY PLANNING COMMISSION - FEBRUARY 21, 2006 11 DRAFT MINUTES - ZMA-2005-005 LIBERTY HALL (CROSS PROPERTY) if Crozet built out to the maximum. If you sawall of Crozet's CT's areas developed under the maximum of these multipliers. So it is not the only figure that was provided to the Board. It was the top end of the range. The low end of the range was as he indicated a little over 13,000 as total population. Where Crozet would really fall as development occurs is over a 20 year or more period because really 20 years is a planning period. It could be beyond that when the development might occur. It is really subject to how these projects actually build out based on the market condition's demand for types of units and so forth. Staff's feeling was that they did not think that it was likely that Crozet was going to build out close to that maximum. Their experience with other big rezonings has been that most of them don't build out above usually 70 percent of what they could theoretically achieve. But, that will probably vary from project to project. A project like this, which is very small scale, has a much shorter build out period that it is targeting its products to than an Old Trail, which is a much larger project than this one and has a much longer build out period. It is hard to judge how the pace is going to play out. This is not just an issue for Crozet really, but the question of how the pace of all of our development areas might build out under the approved rezonings that have already been made or may occur. What it is building is this larger and larger inventory of potential units that our experience in actual year by year building permit data says will be chasing a 1,000 or less dwelling units per year. That is not just in the development area, but is also in the rural areas. So where they end up going is going to be a product of what happens in the market. Whether that inventory is too high or not has never been judged in our plan. It is something that staff is going to have to track. As each of these master plans are completed they need to go back to them at least in the five year period when they normally want to review Comp Plan components to see what is happening in that particular location. Staff will want to look now and down the road before that five year point in what is happening in Crozet. First, they have the rezonings that build the inventory potential. Then they have the building permits that many times will rush right out of the rezoning. Old Trail, as an example, has had a lot of building permit activity. Then you have the actually construction, sale and occupancy of the units. Really they cannot get the real judgment of how the development is occurring until you start looking at how these units are actually getting occupied over a period of time. Therefore, it is not something that staff can immediately judge. But, that is where the real result occurs in how much development is occurring in an area. From what they saw in the building permit data last year, which they assume will turn into certificate of occupancies at some point in the near future, Crozet was by a fair margin the area of greatest building permit activity. One of the reasons is that it was the place where there was projects possibilities to turn into units because they have run out of inventory of potential units that have been approved in rezonings by last years in some of the other development areas. So a lot of the focus was going to Crozet. How the approval of a Belvedere, as an example, is going to change that, they have not seen yet. He asked to stress that there was a real important fundamental point that the community has identified that staff has tried to also respond with the facts as best as they can. The Board had discussion about that and may again. But, in real terms when you look at the actual GIS data regarding all of the under developed and undeveloped property in Crozet that could be developed under the Master Plan designations and you apply the ranges that exists in the Master Plan to the net areas that they determined based on that rule of thumb they are looking at a potential population of Crozet at ultimate build out beyond 20 years potentially of between 13,000 plus and 24,000. Ms. Joseph asked when the Board discussed this if they talked about the pace of development. Mr. Cilimberg stated that they really did not at that meeting talk about the pace. But, they did on that day have another rezoning before them that was Wickham Pond 1, which was approved. He felt that the vote was 5:1. There was one Board member who did not vote for it and felt that in its location it was not contributing to the infrastructure of the Master Plan that Board member felt was important. Mr. Strucko stated that Mr. Cilimberg just mentioned the sequence of ranges. When they assume that this 50 plus unit proposal falls within the Crozet Master Plan designated density is staff assuming the upper end of the range or the lower end of the range. Ms. Ragsdale stated that was with the maximum end of the range. The minimum is 3.5 to 4.5 units per acre. Mr. Strucko stated that this project was assuming 6. ALBEMARLE COUNTY PLANNING COMMISSION - FEBRUARY 21, 2006 DRAFT MINUTES - ZMA-2005-005 LIBERTY HALL (CROSS PROPERTY) 12 . Mr. Craddock stated that he appreciated Mr. Cilimberg's explanation about the 12,000. He agreed with Mr. Edgerton about the growth area because that is where they would want the growth to go. Regarding the density, if it does not meet a need that is out there, then no one is going to buy it and the applicant will adjust from there. There is a road that goes back to somebody's house on that small critical slope. He felt that it has already been said that the applicant can adjust that and take care of it. Because it appears that the commercial building is in CT-4 he has no problem with it. Ms. Joseph stated that what she was hearing was that they do have an approved Master Plan and they need some time to look at some of these projects as they come in. She liked the fact that staff is keeping a tally. She suggested that the tally be attached to the staff report each time a rezoning comes in for the Crozet area so they all know what is going on as far as the population. She felt that it was something that was more Board related as a remedy than it is the Commission. Related to the Commission is the remedy in trying to determine what is right or not right as far as the projected population in Crozet is concerned. She supported the proposal without intrusion into the critical slopes. She still had some problems with the time limitations on the affordable housing, and would like to now see that again in the proffers. However, it has been used in the past and Mr. Cetta has offered to increase that time. She felt that there has to be some other way to do it. When they tell the public that they are getting 15 percent affordable housing they walk around and feel really great about it. But, when they realize that it is merely there for 90 days and then it is gone she felt that was disturbing. At that point the builder can strip out the cheaper amenities and put in some fancy amenities and up the price. She felt that would eliminate their affordable housing. There is an issue on the critical slopes. She felt that the solution was to not have that connecting road, which was given by Glenn Brooks, so that it would not be draining into Lickinghole Creek. Mr. Morris stated that he was not in favor of touching those critical slopes. . Mr. Strucko stated that he could not support the proposal because of the critical slopes and the density issue. He felt that Route 250 is not designed to handle this type of traffic. The densities in the area would not lien itself for use of 1-64 as the east/west corridor. Therefore, he was concerned about the communities between Crozet and Charlottesville with the traffic. Since the Master Plan has a range of uses, he felt that this project could have less density and still comply with the Crozet Master Plan. Therefore, he was hoping for something with less density. Action on ZMA-2005-005: Motion: Mr. Morris moved, Mr. Strucko seconded, to recommend denial of ZMA-2005-005, Liberty Hall because critical slope disturbance, along with erosion and sediment control measures adjacent to those slopes, have not been adequately resolved with the latest revised plan. The motion passed by a vote of 6:0. (Commissioner Higgins was absent.) Ms. Joseph stated that ZMA-2005-005, Liberty Hall, would go to the Board of Supervisors on March 15 with a recommendation for denial. Mr. Cilimberg stated that the Commission mentioned the tabulation of development. Staff will finalize that table and provide it to the Commission and the public. Action on Waiver from Section 4.2 Critical Slopes: Motion: Mr. Edgerton moved, Mr. Morris seconded, to deny the waiver request from Section 4.2 Critical Slopes for ZMA-2005-005, Liberty Hall for the reasons stated by staff in the report. As per the Engineering staff's review, "Without moving the road and reducing the area for the lots, no other alternatives appear feasible." . The motion passed by a vote of 6:0. (Commissioner Higgins was absent.) Action on Waiver from Section 4.12.9(a) On-Street Parking: ALBEMARLE COUNTY PLANNING COMMISSION - FEBRUARY 21, 2006 DRAFT MINUTES - ZMA-2005-005 LIBERTY HALL (CROSS PROPERTY) 13 Motion: Mr. Morris moved, Mr. Craddock seconded, to approve the waiver request from Section 4.12.9(a) On-Street Parking for ZMA-2005-005, liberty Hall subject to the conditions of approval related to the shared parking agreement listed in the staff report: 1. The parking calculations on page 30 in the Code of Development must be revised to indicate that the residential units require a total of 48 spaces rather than 50 spaces. Since the condominiums do not have on-site parking they require 2 spaces per unit. 2. Note on the Plan that the commercial building in Block 1 is limited to uses that require no more than 1 space per 200 square feet of net office floor area. 3. Note on the Plan that an instrument assuring the maintenance of the 18 shared spaces must be recorded when the Block is subdivided or converted to a condominium regime. 4. A note placed on the plan that reserves the area next to the parking lot for future parking. The motion passed by a vote of 4:2. (Commissioners Strucko and Edgerton voted nay.) (Commissioner Higgins was absent.) Radford lane/Road A - Action on Waiver from Section 14.422 Sidewalks and Planting Strips: Motion: Mr. Craddock moved, Mr. Cannon seconded, to approve the waiver request from Section 14-222 Sidewalks and Planting Strips as recommended by staff for Radford Lane/Road A in ZMA-2005-005, Liberty Hall. The motion passed by a vote of 5:1. (Commissioner Edgerton voted nay.) (Commissioner Higgins was absent. ) Road B - Action on Waiver from Section 14.422 Sidewalks and Plantina Strips: Motion: Mr. Edgerton moved, Mr. Strucko seconded, to deny the waiver requests from Section 14-422 Sidewalks and Planting Strips for Road B in ZMA-2005-005, Liberty Hall because there is no need to approve the proposal at the maximum range due to the critical slope and density issues and the road has to be widened. The motion passed by a vote of 4:2. (Commissioner Craddock and Cannon voted nay.) (Commissioner Higgins was absent.) Ms. Joseph stated that the Planning Commission recommended denial of the waiver request, which means that the applicant has to put in the sidewalk and the planting strip unless the Board changes it. (Recorded and transcribed by Sharon Claytor Taylor, Recording Secretary.) ALBEMARLE COUNTY PLANNING COMMISSION - FEBRUARY 21, 2006 DRAFT MINUTES - ZMA-2005-005 LIBERTY HALL (CROSS PROPERTY) 14 PLEASE SIGN BELOW IF YOU WISH TO SPEAK ON THE ZMA-2005-0005. Liberty Hall (Cross Property) Sign #69 1(;( L.f c..\{ToJ Sh.{\t( ~ct Wes+bY06 <- P'I/I c/ !J~ /~ [.6 ~ c / <1;} 3-c'~ (] l C~02 e 1- Claudius Crozet Park, Inc. P.O. Box 171 Crozet, Virginia 22932 Oaudius Crozet Park 1,/5' o~ '. ._l:::-_,ft. / /y !:l(fL,. ..:f'rr/(c<",.(,tL? March 15, 2006 Mr. Dennis Rooker, Chairman Albemarle County Board of Supervisors 401 McIntire Road Charlottesville, VA 22902 Re: ZMA 2005-005 Liberty Hall (Cross Property) Dear Mr. Rooker: In October of 1999, during the approval of SUB-99-148 "Parkside Village", Weather Hill Homes made a commitment to the Crozet Park Board and the community of Crozet. These commitments were the result of 6 months of meetings with the community and with the Albemarle County Planning Commission. You were a member of the Planning Commission in 1999, Mr. Rooker, and participated in all three hearings in which Parkside Village was denied, deferred, and finally approved after Mr. Cetta made commitments to Crozet. This letter is to inform you that Mr. Cetta has not fulfilled his promises to the Community of Crozet. Furthermore, after Parkside Village was built, Mr. Cetta withdrew his promise. We the Board of Directors of Claudius Crozet Park, respectfully request that ZMA 2005-005 be denied until such time until previous commitments to the Crozet community are fulfilled or similar new commitments can be proffered. Parkside Village was approved after the proposed Hilltop Road alignment was modified, allowing the existing "radio station building" to be saved for Crozet Park (see attachments la, Ib, and 2 from the October 26, 1999 Planning Commission Staff Packet). To establish this agreement with the Park Board, the gift of the radio station property was recorded in the Parkside Village Covenants and Restrictions (see attachment 3). When the request was made by the Park Board to transfer the property, Weather Hill Homes asked for additional time for them to use the property as a sales center for Parkside Village. Finally, after waiting several years, Weather Hill Homes sent a deed of gift (see attachments 4a-e), which allowed the Park Board to own the property, but severely limited the use of the property to monthly Board meetings, which would require scheduling with the Parkside Village Homeowners Association. Furthermore, the deed of gift was offered to the Park Board for a period of 30 days, after which time the gift was rescinded. Our Board made several attempts to contact Weather Hill Homes to discuss the conditions attached to the gift. All our requests were ignored, and the gift was rescinded. In January of this year, Judge Peatross ruled that, much to his regret, the gift is not enforceable because Weather Hill did not receive anything in exchange. Crozet Park is a 501(c)(3) non-profit corporation and the 30 Board members represent the community of Crozet. The Park has been a centerpiece in Crozet for 49 years. We have the only public swimming pool in Albemarle County (that we are aware of); we host Peachtree Baseball league and tournament playas well as SOCA league and tournament matches; we host summer day camps for Albemarle County; the Fourth of July Firemen's Carnival for the Crozet Volunteer Fire Department; the Spring and Fall Crozet Arts and Crafts Festivals; and in addition, the Park has a 5,000 SF .... ...... ........ .......... ... a great place for families! March 15, 2006 Page 2 reception hall and picnic pavilions available for rent to the public. While we have a wonderful partnership with Albemarle County Parks and Recreation, who provide most of the maintenance in the Park and hold a seat on our Board of Directors; Capital Improvements in the Park are managed and funded by our Board of Directors and the greater community of Crozet. The rescinded gift from Weather Hill Homes would have gone a long way towards providing more services to the community of Crozet. Please note that we, the Board of Directors of Claudius Crozet Park, support development in the Crozet Growth area that contributes to the existing quality of life in Crozet. If Liberty Hall is proposing to include 1) an 8-lane 25- YD public swimming pool, 2) league soccer fields, 3) league baseball fields, and 4) public pavilions, basketball courts, meeting space, and greenspace; then we would not be appealing to you for support. Liberty Hall is not proposing these improvements, and therefore, like Parkside Village, their residents will be visiting Crozet Park for Soccer matches, Baseball games, swim meets, summer camps, and community festivals, all paid for by the Crozet citizens that lived here before Liberty Hall and Parkside Village existed. Please support our Community Park and deny ZMA 2005-005. Our next Board of Directors meeting is on April 5th at 7:00 in the Crozet Park, and we cordially invite Weather Hill Homes and the Board of Supervisors to attend this meeting and discuss our grievance further. Sincerely, The Board of Directors Claudius Crozet Park, Inc. Attachments: October 7,1999 Letter from Vito Cetta to Elaine Echols, Albemarle County October 7,1999 Letter from Vito Cetta to Hilltop Road Residents and the Crozet Park Board October 8,1999 Drawing by Vito Cetta showing road alignment and "radio station" building November 7, 2000 Parkside Village CCR's Section 5.05 Ownership Options In Certain Properties September 14, 200S "Deed Proposal" from Weather Hill Homes Cc: Albemarle County Board of Supervisors, Mr. Larry Davis, Albemarle County Attorney, Mr. Robert Tucker, Albemarle County Executive, Ms. Rebecca Ragsdale, Albemarle County Senior Planner, Ms. Elaine Echols, Albemarle County Principle Planner Mr. Pat Mullaney, Albemarle County Parks and Recreation Director LJEA.THE . "- \WJFjph~1['JBUE1R JPlliLIL H01VillES9 L~lrJ[Dn ATTACHMENT A V it 0 C e t t a A. I. A. PAGE 1 October 7, 1999 Ms. Elaine Echols, County of Albemarle Department of Planning and Community Development 401 Mcintire Road Charlottesville, VA 22902 Dear Elaine, Last night we met with the Crozet Park Board, Walter PerKins and some Hilltop residents. There were a total of about 16-20 of us. Walter somewhat led the discussion which was concluded with the below listed 4 items of recommendation. 1. We agreed to build a 3 board fence along the road that adjoins the park. It would be the same as their existing fence along Park Street. 2. The Board and the residents couldn1t agree if it is appropriate to save the radio station building. We agreed to redesign the road to allow the building to stay and would give them 18 months to decide if they want the building. 3. Attached is a sketch of a change in the alignment of the main road. Everyone including the residents would like to see this change, It allows the building to stay and it wi!! definately slow down,the traffic since a stop sign will be needed. 4. Walter asked if our roads were private would that solve some of the neighbors concerns. I assume it would mean only residents would have access to these roads. I will leave this issue up to you. As you can see, this letter has been copied to several groups. We will be back to the Planning Commission on October 19 so we need to work on item 3 above which will n:quire VDOT to help. As you can see J have faxed this letter and attachment to them. Could you please follow up by setting up a meeting with them If necessary. Perhaps they will approve this arrangement over the phone. Attached tind a letter wntten to me HltllOp residems. Sincerely yours, VJ: ~ Vito Cetta cc: Hilltop Residents Bob Ball at VDOT David Collins Crozet Park Board 2250 Old Ivy Rond, Chal'loucsvillc. Virginia 22903 office: 804.296.9484' facsimile: 804.296.2560 mnbHc: 804.98 J .1427 PAGE 3 , .; ...... . "VEA 1fJHDEJR lHfliJLJL JHlOMES;9 IL 1rD v i toe e tt a A. l. A. ATTACHMENT i PAGE 2 October 7. 1999 To: Hilltop Road Residents and the Crozat Park Board From: Vito Cstta and Kelly Strickland Attached find a copy of a letter written to Elaine Echols of the Planning Department. The Planning Commission on their October 5 meeting deferred action on approval of P;1l1(~i.j~ \-'!!!e~e f~~ !'..:~ '..:~~~~~ ii::v'..,.:;..g yvu ,ilt,:l II;;:j~ioents ana me i"'ark Board more time to review the staff report and the project in general. You can see from the attached what we afe looking to change the plan at the entry road area. Two schemes are proposed and VDOT will have to make the final determination. We would prefer to see either of the attached but it is not under our control. The Planning Department has scheduled a meeting with VDOT on Tuesday 9 am to review just this issue. Anyone is welcomed to attend. We continue to be available to work with you and answer questions. I would assume you would all like to see one of the attached road alignments made. When the processing is completed and Parkside is built, 1 feel confident you will be pleased with the results. As a clarification on the road improvements on Hilltop, the Country staff recommends that the road be widened to 22' from the existing 16';'22' and not what VDOT recommended. VJ; GL 2250 Old Ivy Road. Charlottesville. Virginia 22903 office: 8U4.296.9484 facsimile: 804.296.2560 mobile: 804.981.1427 -,-c~."..~'.':_ ",' ,,,,*,. .... PAGE 4 ....'- O~ ..,.y~ -. .~ " .II- A TT ACHMF,NT R , r~~1 ~p ~\"T ~~ '7 1'0 (2.f?MIq-IN · t<e.p~~N ~ ~~~~,~ " \ ()...,~Ei ~~'{ 'U)~ r- - ~ 0 t 8 t::\ 9- ~~G A _ \ 0 · tl.~~ F. Construction: An easement to enter upon, through, and over and to use any portion of the Common Properties in connection with any construction in Parkside Village. G. Inspection: An easement for the benefit of the Association. its BlJth{)l"i:?:~d p~':-~8:,..:-:~1 V1 cuI] CUljJluymem or agent of the above to enter upon any Lot to determine compliance by the Owner of such Lot with the governing documents. Except in the ca<;e of emergencies, the Association shall give the Owner 10 day's notice of its intent to exercise its rights of inspection. Section 5.05 OWNERSHIP OPTIONS IN CERTAIN PROPERTIES. The Declarant, Association, Owners and Members hereby covenant and agree that the open space ti"uC~ (,uul.a.illlug 0.4 i 0 acres as ShO\\l1 on the Plat shall be conveyed to the entity that owns and over sees Claudius Crozet Park, upon request of said entity. This agreement to convey said parcel shall expire upon thc two (2) year anniversary after the date of recording this Declaration in the Clerk's Office of the Circuit Court of Albemarle County. that those tracts designated on the Plat as "Common Open Space", shall be dedicated to public The Developer, Association, Members, and Owners hereby covenant and a~p.p. use upon the request of the County of Albemarle. ARTICLE VI - POWERS AND DUTIES OF THE ASSOCIATION Section 6.01 Rl)Apn OF D!r~CTvR:;. Tile Boara ot Directors shall have all of the powers and duties necessary for the administration of the affairs of the Association and may do all such acts and things as are not, by the Declaration or by the Bylaws, required to be exercised and done by the Members of the Association. In addition to the duties imposed by the Founding Documents or by any resolution of the Association that may hereafter be adopted, the 13 12-1-00 Uf ';M~ JOS1!1'H W. RICf{~OND, JR, WENOAt.t. L. WINN, JE\.. MAT11tEW B. MU1U\.AY CH~tSTINll THOMSON JOSllPH M. CoCHtl.^N MA.R1C J. Nn.SON RtCHARD AJU,(SillONO MARCELLE Moan. J. WALlCEIl. RIcHMOND III ~hmond ~hburneL1..p. ATTOt(NEYS AT ~"w Queen Charlotte Square 214 &$t High Stteet Charlottesville, Vitgin{a 22902-5177 J05aPH W. RICHMOND (1916-1986) Nt flUS R. FIsHBURN! (1915-199l) (43~) 977-8590 fax (434) 296.9861 www.tichfish.com September 14, 2005 Nicholas E. Munger, Esq. 1186 Crozet Avenue P. O. Box 187 Crozet, VA 22932-0187 Re: Parkside Village/Crazet Park Dear Nick: It has been some time now since we have been in contact about file conveyance (If the radio station lot to the.Park. Our client is anxious to complete this mat:e:. To that end, (enclose the deed of gift which has been duly signed and notarized. You will see that the deed requires signature by the authorized representative of Claudius Crozet Park, Inc. (.C(:epting the gifi subject to the tem1S and conditions of the deed. This deed is tendered to your client in accordance with the COy<:n mts and restriCI ions for Parkside Village. This offer to convey will expire on October 14, 200:: ,vbich means tho It if the deed is not signed by the Park and recorded in the Clerk's Office by cksll of business of that day, the deed will be null and void. Ii ano wnen me cieeci is recorue<i prior to tnat oate, piease provl it. us wiID a COP) oi me fully executed document and a copy of the recording receipt. Thank you for your attention to this matter. JMC:khp Sincerely. It M.. Cochra. CC: Weather Hill Homes, Ltd. by fax 295-2560 1 FlZ el412005 " ~ared By: Richmond & Fishburne, L.t.P. Return To: Nicholas E. Munger, Esq. 1186 Cro2et Avenue Oozet, Virginia 22932 PCri:011 ofTMP #:~6A2-4-0A TIDS DEED OF GiFT, made this 12th day of September, 2005, l:y and between WEATHER HILL HOMES, LTD., a Virginia corporation, Grantor aDd, CLAUDIU~; CROZET PARK, INC., a Virginia non stock corporation, Grantee, WhOSEl address is WITNESSETH: Pursuant to Section 58.1-811 (D) of the Code of Virginia, (1951)) a; amended, and in accordance with Section 5.05 of the Parkside Village Covenants, CondltiotlS and Restrktions, as amended and supplemented (the "PV CeRs' which are teCOl'ded in th,~ Cll~k's Office cf the Circuit Court of Albemarle County. Virginia (the "Clerk's Office") in D~ Book 1974. page 456 with amendments and supplements recorded thereafter, the Granto:: 4;ltANTS and CONVEYS with GENERAL WARRANTY AND ENGLISH COVl::NANTS OF TITLE unto Claudius Crozet Park, Ine. the real estate described as (the "Prop~ t)~: All that certain lot or parcel of land located in Albema ~lu County, Virginia containing 0.410 acres shown on a plat by Roudabush, Gale & Associates, Inc. dated September II, 2000, a copy nf which is attached to and recorded with the PV CCRs recorded tl: c Clerk's Office in Deed Book 1974. page 456. The property conveyed herein is a portion of the S8J1'.e p::operty conveyed to the Grantor by deed of Clark: Broadcastinbi Company dated March 25. 1999 and recorded in the Clerk's Offi:e in Deed Book 1808, page 458. The PV CCRs, together with all recorded instnunents amending 8:1d supplementing the PV CCRa, together with the following covenantst conditions and restric tic )l1:. arc hereby imposed on the Property as restrictive covenants which shall run with the land and shall :inure to the benefit of and be binding upon the successors and assigns oftbe parties: I, The Property my be used only as a meeting place for the boad lfdirectO:t'S of1he IG/~4/2005 09:39 4348236010 NICHOLAS E MUNGER PAGE ~4 Grantee, the Parkside Village Homeowners' Association (the UAssociaticn") Board of Directors, and their sub-committees. 2. Hours of operation for the Property shall be established by tl.e A;sociation. 3. No part of tile Property shall be used for vehicular parking or ~ny commercial enterprise. 4. Vehicular access to the Property shall only be through the Gr8nte:e's land wbi.;h is adjacent to the Property. S. If any or all ofilie real property owned by the Grantee at the til ne: this deed is recorded in the Clerk's Office is conveyed to anyone or any entity, whether volullt nily or by way of foreclosure proceedings, of if the Grnntee is acquired by anyone or enti y title to the Pre petty shall automatically vest in the Association. If title vests in the Associa1ic n, the Property shall automatically revert back to and become Common Property as defined ,~' the PV CCRs and shall 1\... Cln1\~A,...f +n tlu'l PV f'rT1", 1'10 thpv ,.,..ll1ha tn f'nmmnn ~m, ...-- - _._-,,-- ...-- ._...- ..........-..... . -------- ......- ---., ----..-- -- ------- ....-c--...-.1~ 6. The boundary lines of the Property may not be altered withOllt the prior written consent of the Association. 7. The Grantor, for itself and it's successors and assigns, hereb:, 1"eseNe8 an e8Sfment for a sign for Parkside Village over and across the Property, the location ofv'hi.ch and size ae shown on a sketch by Frank V. Pohl, a copy a/which is attached hereto as Exld.llit A. The easement shall be for access including utility access to maintain, erect and reconsfr !C't a sign of it';: choosing. This conveyance is further made expressly subject to the Parkside Village Covenants. Conditions and Restrictions, recorded in the Clerk's Office in Deed Bonk Iln4, page 451;, as amended and supplemented, and all easements, conditions, restrictions 311d reservations contained in dulyrecol'ded de~ plats and other instruments constitutin!: constructive notice in the chain of title to the property hereby conveyed, which have not expil e<l by a litnitatiOJl of time contained therein or have n.ot otherwise become effective. This deed shall bo null and void and of no effect if it is not sign,~ by the Grantee and recorded in the Clerk's Office on or before October 14, 2005. WITNESS the following signatures and seals: Weather Hill HOttte ~ :Ltd. By: ~ I r.,.,~ . (SEAL) Marcus C. Pc\\eIl, Vice Presic.ent ~~~iR~~~H~~r;:.wit: The foregoing instnun:nt was ~owledged befo;e me this t~~!l-day of ~~ ~: ~'_"'" 2005, bMYMarcus ? ~owen,.Vlce Pre81~~.g:W~ Hill Homes, Lt:L ~~~~~__. y lSSlon rres: ;JU ~ . ../, .~ . /./.~. _ ,":.:" __.'. ." .... ~TM:~ ~.4 . . ,. _ '" ~::. ~ ~1HOfWQIM NOT PUByc :~~~:x. ~~. :::;: - . PrintedNam.e:~!iA(/,.,K,.13IA .. ;.~- - _,.-F/~i K. . -......... .. ~ .;,...,........ .~... . ......""~, -"- :::~-:............. ....... I '''If.. .... ,... The Grantee, by its duly authorized officer, hereby accepts tbil~ Deed of Gift ~ lect to 'the terms and conditions set forth herein: Claudius Crozet PIlI k., Inc. By: Title: .cSEAL) STATE OF CITY/COUNTY OF . At Large t to-wit: The foregOing instrutnent wu acknowledged before me this ___ day of _ , 2005, by of Chudius Crout I 'ark, Inc. "lL#'__ ____~,~_~.__!___. ___._~..~_, I..U~ "'VJ..LLUU"lKU.u GoAt',U'Wl:>. 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': .:.....: SIGN EASEMENT EXHIBIT A 't'- O) co Cr(~.t(enberqer 1M,..,) 56A2--2-2 2cning: F/2 IV) .........; l() U::~fV) '~Q J-.:a: V)... ~ SKETCH OF SlGNAGE: E:ASEHE NT PRDJEm H.wE PQrkslcl~ Vltlo.ge sm: 0.\12 07-15-05 9aHZ NTS DRAWN 1ft' ~ f'j;ANr~ V. POHL r;a ......._w RESOLUTION WHEREAS, Albemarle County possesses beautiful natural resources, scenic vistas, farmlands and open space; and WHEREAS, 60,000 acres of Albemarle County has been placed in perpetual conservation for future generations; and WHEREAS, Albemarle County has articulated a strategic planning goal of securing the conservation of an additional 30,000 acres by the year 2010; and WHEREAS, Albemarle County's ability to purchase land for the purpose of conservation is but one, limited means to advance that goal; and WHEREAS, in less than five years, the conservation of over 17,000 acres has been facilitated through the financial incentives created by the Virginia Land Conservation Incentives Act of 1999, as amended; and WHEREAS, maintenance of tax incentives afforded to landowners under the Virginia Land Conservation Incentives Act of 1999 is critical to Albemarle County's stated goal to increase conservation throughout the County; NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County Board of Supervisors calls upon the General Assembly and Governor to support continuation of the Virginia Land Conservation Incentives Act of 1999, as amended, and to maintain the tax credits afforded to landowners under the Act. * * * * * * * * * * 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 six to zero, as recorded below, at a meeting held on March 15. 2006. Mr. Boyd Mr. Dorrier Mr. Rooker Mr. Slutzky Ms. Thomas Mr. Wyant Ave Nav y y y y y y Kenneth C. Boyd Rivanna COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22902-4596 (434) 2%-5843 FAX (434) 296-5800 March 21, 2006 David L. Slutzky Rio Undsay G. Dorrier, Jr. Scottsville Sally H. Thomas Samuel Miller Dennis S. Rooker Jack Jouett David C. Wyant White Hall The Honorable Delegate Vincent F. Callahan, Jr. General Assembly Building, Room 947 PO Box 406 Richmond, VA 23218 Dear Delegate Callahan: At its meeting on March 15, 2006 the Albemarle County Board of Supervisors unanimously adopted the attached resolution. We urge you not to stifle our citizens' attempts to preserve important rural land in our fast-growing county. When asked, an overwhelming majority of our residents support protection of our rural land. As taxpayers, they have consistently supported the Board putting $1.0 million of their money into the purchase of permanent conservation easements from lower-income family farms. As you mayor may not know, we depend on private landowners for most of the 60,000 acres of our county that have been placed under easements. Present incentives, for example, allowed and encouraged the preservation of Castle Hill, a 1,585 acre historic property. Its easements and other neighbors' easements will preserve the flanks of the Southwest Mountainsa~Alafferson, Madison and Monroe would have seen them. Last year'1~ acres were permanently protected in Albemarle County in the face of strong development pressures and rising'land values. Of that acreage, forty percent was in only three properties. In each case, the owners --Gesir~d to preserve their land, but it was the existence of the tax credits that made it possible to do so. Especially when land is held by extended families, as our large old family farms often are, the conservation-minded siblings need to be able to offer incentives to less-than-enthusiastic family members to make decisions that entail a financial sacrifice. Virginians and tourists will relish that preserved land for generations to come. We appreciate the complexity of the tasks facing the legislators. We urge you to maintain the tax credits afforded to landowners through the Virginia Land Conservation Incentives Act. Thank you for your consideration. Sincerely, ~-,~~ Dennis S. Rooker, Chairman DSRlewc Attachment cc: Budget Conferees Senator R. Creigh Deeds Senator Emmett W. Hanger, Jr. Delegate Watkins M. Abbitt, Jr. Delegate R. Steven Landes Delegate David Toscano Mr. Steve Blaine * Printed on recycled paper 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 March 21, 2006 David L. Slutzky Rio Sally H. Thomas Samuel Miller Undsay G. Domer, Jr. Scottsville Dennis S. Rooker Jack Jouett David C. Wyant White Hall The Honorable Delegate Lacey E. Putney General Assembly Building, Room 948 PO Box 406 Richmond, VA 23218 Dear Delegate Putney: At its meeting on March 15,2006 the Albemarle County Board of Supervisors unanimously adopted the attached resolution. We urge you not to stifle our citizens' attempts to preserve important rural land in our fast-growing county. When asked, an overwhelming majority of our residents support protection of our rural land. As taxpayers, they have consistently supported the Board putting $1.0 million of their money into the purchase of permanent conservation easements from lower-income family farms. As you mayor may not know, we depend on private landowners for most of the 60,000 acres of our county that have been placed under easements. Present incentives, for example, allowed and encouraged the preservation of Castle Hill, a 1,585 acre historic property. Its easements and other neighbors' easements will preserve the flanks of the Southwest Mountains as Jefferson, Madison and Monroe would have seen them. Last year, 10,500 acres were permanently protected in Albemarle County in the face of strong development pressures and rising land values. Of that acreage, forty percent was in only three properties. In each case, the owners desired to preserve their land, but it was the existence of the tax credits that made it possible to do so. Especially when land is held by extended families, as our large old family farms often are, the conservation-minded siblings need to be able to offer incentives to less-than-enthusiastic family members to make decisions that entail a financial sacrifice. Virginians and tourists will relish that preserved land for generations to come. We appreciate the complexity of the tasks facing the legislators. We urge you to maintain the tax credits afforded to landowners through the Virginia Land Conservation Incentives Act. Thank you for your consideration. Sincerely, dZ.--:.J~ Dennis S. Rooker, Chairman DSR/ewc Attachment cc: Budget Conferees Senator R. Creigh Deeds Senator Emmett W. Hanger, Jr. Delegate Watkins M. Abbitt, Jr. Delegate R. Steven Landes Delegate David Toscano Mr. Steve Blaine * Printed on recycled paper Kenneth C. Boyd Rivanna COUNTY OF ALBEMARlE Office of Board of Supervisors 40 1 Mcintire Road Charlottesville, Vrrginia 22902-4596 (434) 296-5843 FAX (434) 296-5800 March 21, 2006 David L. Slutzky Rio l1ndsay G. Dorrier, Jr. Scottsville Dennis S. Rooker Jack Jouett Sally H. Thomas Samuel Miller David C. Wyant WhiteHall The Honorable Delegate M. Kirkland Cox General Assembly Building, Room 515 PO Box 406 Richmond, VA 23218 Dear Delegate Cox: At its meeting on March 15, 2006 the Albemarle County Board of Supervisors unanimously adopted the attached resolution. We urge you not to stifle our citizens' attempts to preserve important rural land in our fast-growing county. When asked, an overwhelming majority of our residents support protection of our rural land. As taxpayers, they have consistently supported the Board putting $1.0 million of their money into the purchase of permanent conservation easements from lower-income family farms. As you mayor may not know, we depend on private landowners for most of the 60,000 acres of our county that have been placed under easements. Present incentives, for example, allowed and encouraged the preservation of Castle Hill, a 1,585 acre historic property. Its easements and other neighbors' easements will preserve the flanks of the Southwest Mountains as Jefferson, Madison and Monroe would have seen them. Last year, 10,500 acres were permanently protected in Albemarle County in the face of strong development pressures and rising land values. Of that acreage, forty percent was in only three properties. In each case, the owners desired to preserve their land, but it was the existence of the tax credits that made it possible to do so. Especially when land is held by extended families, as our large old family farms often are, the conservation-minded siblings need to be able to offer incentives to less-than-enthusiastic family members to make decisions that entail a financial sacrifice. Virginians and tourists will relish that preserved land for generations to come. We appreciate the complexity of the tasks facing the legislators. We urge you to maintain the tax credits afforded to landowners through the Virginia Land Conservation Incentives Act. Thank you for your consideration. Sincerely, ~f~ Dennis S. Rooker, Chairman DSRlewc Attachment cc: Budget Conferees Senator R. Creigh Deeds Senator Emmett W. Hanger, Jr. Delegate Watkins M. Abbitt, Jr. Delegate R. Steven Landes Delegate David Toscano Mr. Steve Blaine * Printed on recycled paper 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 March 21, 2006 David L Slutzky Rio lindsay G. Dorrier, Jr. Scottsville Sally H. Thomas Samuel Miller Dennis S. Rooker Jack Jouett David C. Wyant White HaD The Honorable Delegate Phillip A. Hamilton General Assembly Building, Room 701 PO Box 406 Richmond, VA 23218 Dear Delegate Hamilton: At its meeting on March 15, 2006 the Albemar1e County Board of Supervisors unanimously adopted the attached resolution. We urge you not to stifle our citizens' attempts to preserve important rural land in our fast-growing county. When asked, an overwhelming majority of our residents support protection of our rural land. As taxpayers, they have consistently supported the Board putting $1.0 million of their money into the purchase of permanent conservation easements from lower-income family farms. As you mayor may not know, we depend on private landowners for most of the 60,000 acres of our county that have been placed under easements. Present incentives, for example, allowed and encouraged the preservation of Castle Hill, a 1,585 acre historic property. Its easements and other neighbors' easements will preserve the flanks of the Southwest Mountains as Jefferson, Madison and Monroe would have seen them. Last year, 10,500 acres were permanently protected in Albemarle County in the face of strong development pressures and rising land values. Of that acreage, forty percent was in only three properties. In each case, the owners desired to preserve their land, but it was the existence of the tax credits that made it possible to do so. Especially when land is held by extended families, as our large old family farms often are, the conservation-minded siblings need to be able to offer incentives to less-than-enthusiastic family members to make decisions that entail a financial sacrifice. Virginians and tourists will relish that preserved land for generations to come. We appreciate the complexity of the tasks facing the legislators. We urge you to maintain the tax credits afforded to landowners through the Virginia Land Conservation Incentives Act. Thank you for your consideration. Sincerely, ~f~ Dennis S. Rooker, Chairman DSRlewc Attachment cc: Budget Conferees Senator R. Creigh Deeds Senator Emmett W. Hanger, Jr. Delegate Watkins M. Abbitt, Jr. Delegate R. Steven Landes Delegate David Toscano Mr. Steve Blaine * Printed on recycled paper Kenneth C. Boyd Rwanna COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22902-4596 (434) 2%-5843 FAX (434) 296-5800 March 21, 2006 David L. Slutzky Rio Undsay G. Domer, Jr. Scottsville Dennis S. Rooker Jack Jouett Sally H. Thomas Samuel Miller David C. Wyant White Hall The Honorable Delegate Leo C. Wardrup, Jr. General Assembly Building, Room 722 PO Box 406 Richmond, VA 23218 Dear Delegate Wardrup: At its meeting on March 15, 2006 the Albemarle County Board of Supervisors unanimously adopted the attached resolution. We urge you not to stifle our citizens' attempts to preserve important rural land in our fast-growing county. When asked, an overwhelming majority of our residents support protection of our rural land. As taxpayers, they have consistently supported the Board putting $1.0 million of their money into the purchase of permanent conservation easements from lower-income family farms. As you mayor may not know, we depend on private landowners for most of the 60,000 acres of our county that have been placed under easements. Present incentives, for example, allowed and encouraged the preservation of Castle Hill, a 1,585 acre historic property. Its easements and other neighbors' easements will preserve the flanks of the Southwest Mountains as Jefferson, Madison and Monroe would have seen them. Last year, 10,500 acres were permanently protected in Albemarle County in the face of strong development pressures and rising land values. Of that acreage, forty percent was in only three properties. In each case, the owners desired to preserve their land, but it was the existence of the tax credits that made it possible to do so. Especially when land is held by extended families, as our large old family farms often are, the conservation-minded siblings need to be able to offer incentives to less-than-enthusiastic family members to make decisions that entail a financial sacrifice. Virginians and tourists will relish that preserved land for generations to come. We appreciate the complexity of the tasks facing the legislators. We urge you to maintain the tax credits afforded to landowners through the Virginia Land Conservation Incentives Act. Thank you for your consideration. Sincerely, ~f~ Dennis S. Rooker, Chairman DSRlewc Attachment cc: Budget Conferees Senator R. Creigh Deeds Senator Emmett W. Hanger, Jr. Delegate Watkins M. Abbitt, Jr. Delegate R. Steven Landes Delegate David Toscano Mr. Steve Blaine (1) Printed on recycled paper Kenneth C. Boyd Rivanna COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22902-45% (434) 296-5843 FAX (434) 2%-5800 March 21, 2006 David L Slutzky Rio Undsay G. Domer, Jr. ScottsviDe Dennis S. Rooker Jack Jouett Sally H. Thomas Samuel Miller David C. Wyant WhiteHall The Honorable Delegate Johnny S. Joannou General Assembly Building, Room 423 PO Box 406 Richmond, VA 23218 Dear Delegate Joannou: At its meeting on March 15, 2006 the Albemar1e County Board of Supervisors unanimously adopted the attached resolution. We urge you not to stifle our citizens' attempts to preserve important rural land in our fast-growing county. When asked, an overwhelming majority of our residents support protection of our rural land. As taxpayers, they have consistently supported the Board putting $1.0 million of their money into the purchase of permanent conservation easements from lower-income family farms. As you mayor may not know, we depend on private landowners for most of the 60,000 acres of our county that have been placed under easements. Present incentives, for example, allowed and encouraged the preservation of Castle Hill, a 1,585 acre historic property. Its easements and other neighbors' easements will preserve the flanks of the Southwest Mountains as Jefferson, Madison and Monroe would have seen them. Last year, 10,500 acres were permanently protected in Albemarle County in the face of strong development pressures and rising land values. Of that acreage, forty percent was in only three properties. In each case, the owners desired to preserve their land, but it was the existence of the tax credits that made it possible to do so. Especially when land is held by extended families, as our large old family farms often are, the conservation-minded siblings need to be able to offer incentives to less-than-enthusiastic family members to make decisions that entail a financial sacrifice. Virginians and tourists will relish that preserved land for generations to come. We appreciate the complexity of the tasks facing the legislators. We urge you to maintain the tax credits afforded to landowners through the Virginia Land Conservation Incentives Act. Thank you for your consideration. Sincerely, ~~~ Dennis S. Rooker, Chairman DSRlewc Attachment cc: Budget Conferees Senator R. Creigh Deeds Senator Emmett W. Hanger, Jr. Delegate Watkins M. Abbitt, Jr. Delegate R. Steven Landes Delegate David Toscano Mr. Steve Blaine * Printed on recycled paper 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 March 21, 2006 David L. Slutzky Rio Sally H. Thomas Samuel Miller l1ndsay G. Dorrier, Jr. ScottsviIIe Dennis S. Rooker Jack Jouett David C. Wyant While Hall The Honorable Senator John H. Chicester General Assembly Building, Room 626 PO Box 396 Richmond, VA 23218 Dear Senator Chicester: At its meeting on March 15, 2006 the Albemarle County Board of Supervisors unanimously adopted the attached resolution. We urge you not to stifle our citizens' attempts to preserve important rural land in our fast-growing county. When asked, an overwhelming majority of our residents support protection of our rural land. As taxpayers, they have consistently supported the Board putting $1.0 million of their money into the purchase of permanent conservation easements from lower-income family farms. As you mayor may not know, we depend on private landowners for most of the 60,000 acres of our county that have been placed under easements. Present incentives, for example, allowed and encouraged the preservation of Castle Hill, a 1,585 acre historic property. Its easements and other neighbors' easements will preserve the flanks of the Southwest Mountains as Jefferson, Madison and Monroe would have seen them. Last year, 10,500 acres were permanently protected in Albemarle County in the face of strong development pressures and rising land values. Of that acreage, forty percent was in only three properties. In each case, the owners desired to preserve their land, but it was the existence of the tax credits that made it possible to do so. Especially when land is held by extended families, as our large old family farms often are, the conservation-minded siblings need to be able to offer incentives to less-than-enthusiastic family members to make decisions that entail a financial sacrifice. Virginians and tourists will relish that preserved land for generations to come. We appreciate the complexity of the tasks facing the legislators. We urge you to maintain the tax credits afforded to landowners through the Virginia Land Conservation Incentives Act. Thank you for your consideration. Sincerely, ~f~ Dennis S. Rooker, Chairman DSR/ewc Attachment cc: Budget Conferees Senator R. Creigh Deeds Senator Emmett W. Hanger, Jr. Delegate Watkins M. Abbitt, Jr. Delegate R. Steven Landes Delegate David Toscano Mr. Steve Blaine (1) Printed on recycled paper Kenneth C. Boyd Rivanna COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22902-45% (434) 2%-5843 FAX (434) 296--5800 March 21, 2006 David L. Slutzky Rio Undsay G. Dorrier, Jr. ScotIsviUe Dennis S. Rooker Jack Jouett Sally H. Thomas Samuel Miller David C. Wyant WhiteHall The Honorable Senator William C. Wampler, Jr. General Assembly Building, Room 301 PO Box 396 Richmond, VA 23218 Dear Senator Wampler: At its meeting on March 15, 2006 the Albemar1e County Board of Supervisors unanimously adopted the attached resolution. We urge you not to stifle our citizens' attempts to preserve important rural land in our fast-growing county. When asked, an overwhelming majority of our residents support protection of our rural land. As taxpayers, they have consistently supported the Board putting $1.0 million of their money into the purchase of permanent conservation easements from lower-income family farms. As you mayor may not know, we depend on private landowners for most of the 60,000 acres of our county that have been placed under easements. Present incentives, for example, allowed and encouraged the preservation of Castle Hill, a 1,585 acre historic property. Its easements and other neighbors' easements will preserve the flanks of the Southwest Mountains as Jefferson, Madison and Monroe would have seen them. Last year, 10,500 acres were permanently protected in Albemar1e County in the face of strong development pressures and rising land values. Of that acreage, forty percent was in only three properties. In each case, the owners desired to preserve their land, but it was the existence of the tax credits that made it possible to do so. Especially when land is held by extended families, as our large old family farms often are, the conservation-minded siblings need to be able to offer incentives to less-than-enthusiastic family members to make decisions that entail a financial sacrifice. Virginians and tourists will relish that preserved land for generations to come. We appreciate the complexity of the tasks facing the legislators. We urge you to maintain the tax credits afforded to landowners through the Virginia Land Conservation Incentives Act. Thank you for your consideration. Sincerely, d-.~~f ,4;,.~ '-- Dennis S. Rooker, Chairman DSRlewc Attachment cc: Budget Conferees Senator R. Creigh Deeds Senator Emmett W. Hanger, Jr. Delegate Watkins M. Abbitt, Jr. Delegate R. Steven Landes Delegate David Toscano Mr. Steve Blaine (j Printed on recycled paper Kenneth C. Boyd Rivanna COUNTY OF ALBEMARIE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22902-45% (434) 296-5843 FAX (434) 296-5800 March 21, 2006 David L Slutzky Rio Undsay G. DoTTier, Jr. ScottsviUe Dennis S. Rooker Jack Jouett Sally H. Thomas Samuel Miller David C. Wyant White Hall The Honorable Senator Walter A. Stosch General Assembly Building, Room 621 PO Box 396 Richmond, VA 23218 Dear Senator Stosch: At its meeting on March 15, 2006 the Albemarte County Board of Supervisors unanimously adopted the attached resolution. We urge you not to stifle our citizens' attempts to preserve important rural land in our fast-growing county. When asked, an overwheJming majority of our residents support protection of our rural land. As taxpayers, they have consistently supporte~ the Board putting $1.0 million of their money into the purchase of permanent conservation easements from lower-income family farms. As you mayor may not know, we depend on private landowners for most of the 60,000 acres of our county that have been placed under easements. Present incentives, for example, allowed and encouraged the preservation of Castle Hill, a 1,585 acre historic property. Its easements and other neighbors' easements will preserve the flanks of the Southwest Mountains as Jefferson, Madison and Monroe would have seen them. Last year, 10,500 acres were permanently protected in Albemarle County in the face of strong development pressures and rising land values. Of that acreage, forty percent was in only three properties. In each case, the owners desired to preserve their land, but it was the existence of the tax credits that made it possible to do so. Especially when land is held by extended families, as our large old family farms often are, the conservation-minded siblings need to be able to offer incentives to less-than-enthusiastic family members to make decisions that entail a financial sacrifice. Virginians and tourists will relish that preserved land for generations to come. We appreciate the complexity of the tasks facing the legislators. We urge you to maintain the tax credits afforded to landowners through the Virginia Land Conservation Incentives Act. Thank you for your consideration. Sincerely, d---:/~ Dennis S. Rooker, Chairman DSRlewc Attachment cc: Budget Conferees Senator R. Creigh Deeds Senator Emmett W. Hanger, Jr. Delegate Watkins M. Abbitt, Jr. Delegate R. Steven Landes Delegate David Toscano Mr. Steve Blaine (1) Printed on recycled paper Kenneth C. Boyd Rivanna COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22902-45% (434) 296-5843 FAX (434) 296-5800 March 21, 2006 David L. Slutzky Rio l1ndsay G. Donier, Jr. ScottsviIIe Dennis S. Rooker Jack Jouett Sally H. Thomas Samuel Miller David C. Wyant White Hall The Honorable Senator Char1es J. Colgan General Assembly Building, Room 432 PO Box 396 Richmond, VA 23218 Dear Senator Colgan: At its meeting on March 15, 2006 the Albemar1e County Board of Supervisors unanimously adopted the attached resolution. We urge you not to stifle our citizens' attempts to preserve important rural land in our fast-growing county. When asked, an overwhelming majority of our residents support protection of our rural land. As taxpayers, they have consistently supported the Board putting $1.0 million of their money into the purchase of permanent conservation easements from lower-income family fanns. As you mayor may not know, we depend on private landowners for most of the 60,000 acres of our county that have been placed under easements. Present incentives, for example, allowed and encouraged the preservation of Castle Hill, a 1,585 acre historic property. Its easements and other neighbors' easements will preserve the flanks of the Southwest Mountains as Jefferson, Madison and Monroe would have seen them. Last year, 10,500 acres were permanently protected in Albemarle County in the face of strong development pressures and rising land values. Of that acreage, forty percent was in only three properties. In each case, the owners desired to preserve their land, but it was the existence of the tax credits that made it possible to do so. Especially when land is held by extended families, as our large old family fanns often are, the conservation-minded siblings need to be able to offer incentives to less-than-enthusiastic family members to make decisions that entail a financial sacrifice. Virginians and tourists will relish that preserved land for generations to come. We appreciate the complexity of the tasks facing the legislators. We urge you to maintain the tax credits afforded to landowners through the Virginia Land Conservation Incentives Act. Thank you for your consideration. Sincerely, d~~-:;/~ Dennis S. Rooker, Chainnan DSRlewc Attachment cc: Budget Conferees Senator R. Creigh Deeds Senator Emmett W. Hanger, Jr. Delegate Watkins M. Abbitt, Jr. Delegate R. Steven Landes Delegate David Toscano Mr. Steve Blaine * Printed on recycled paper Kenneth C. Boyd Rivanna COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, VIrginia 22902-45% (434) 2%-5843 FAX (434) 2%-5800 March 21 , 2006 David L. Slutzky Rio Sally H. Thomas Samuel Miller Undsay G. Donier, Jr. Scottsville Dennis S. Rooker Jack Jouett David C. Wyant White Hall The Honorable Senator Edward Houck General Assembly Building, Room 326 PO Box 396 Richmond, VA 23218 Dear Senator Houck: At its meeting on March 15, 2006 the Albemarle County Board of Supervisors unanimously adopted the attached resolution. We urge you not to stifle our citizens' attempts to preserve important rural land in our fast-growing county. When asked, an overwhelming majority of our residents support protection of our rural land. As taxpayers, they have consistently supported the Board putting $1.0 million of their money into the purchase of permanent conservation easements from lower-income family farms. As you mayor may not know, we depend on private landowners for most of the 60,000 acres of our county that have been placed under easements. Present incentives, for example, allowed and encouraged the preservation of Castle Hill, a 1,585 acre historic property. Its easements and other neighbors' easements will preserve the flanks of the Southwest Mountains as Jefferson, Madison and Monroe would have seen them. Last year, 10,500 acres were permanently protected in Albemarle County in the face of strong development pressures and rising land values. Of that acreage, forty percent was in only three properties. In each case, the owners desired to preserve their land, but it was the existence of the tax credits that made it possible to do so. Especially when land is held by extended families, as our large old family farms often are, the conservation-minded siblings need to be able to offer incentives to less-than-enthusiastic family members to make decisions that entail a financial sacrifice. Virginians and tourists will relish that preserved land for generations to come. We appreciate the complexity of the tasks facing the legislators. We urge you to maintain the tax credits afforded to landowners through the Virginia Land Conservation Incentives Act. Thank you for your consideration. Sincerely, &,.,..,~~~ Dennis S. Rooker, Chairman DSRlewc Attachment cc: Budget Conferees Senator R. Creigh Deeds Senator Emmett W. Hanger, Jr. Delegate Watkins M. Abbitt, Jr. Delegate R. Steven Landes Delegate David Toscano Mr. Steve Blaine * Printed on recycled paper Kenneth C. Boyd Rivanna COUNlY OF ALBEMARlE Office of Board of Supervisors 401 McIntire Road Charlottesville, VIrginia 22902-4596 (434) 296-5843 FAX (434) 296-5800 March 21, 2006 David L. Slutzky Rio Sally H. Thomas Samuel Miller Lindsay G. Donier, Jr. Scot1sville Dennis S. Rooker Jack Jouett David C. Wyant White Hall The Honorable Senator John C. Watkins General Assembly Building, Room 331 PO Box 396 Richmond, VA 23218 Dear Senator Watkins: At its meeting on March 15, 2006 the Albemarte County Board of Supervisors unanimously adopted the attached resolution. We urge you not to stifle our citizens' attempts to preserve important rural land in our fast-growing county. When asked, an overwhelming majority of our residents support protection of our rural land. As taxpayers, they have consistently supported the Board putting $1.0 million of their money into the purchase of permanent conservation easements from lower-income family farms. As you mayor may not know, we depend on private landowners for most of the 60,000 acres of our county that have been placed under easements. Present incentives, for example, allowed and encouraged the preservation of Castle Hill, a 1,585 acre historic property. Its easements and other neighbors' easements will preserve the flanks of the Southwest Mountains as Jefferson, Madison and Monroe would have seen them. Last year, 10,500 acres were permanently protected in Albemarle County in the face of strong development pressures and rising land values. Of that acreage, forty percent was in only three properties. In each case, the owners desired to preserve their land, but it was the existence of the tax credits that made it possible to do so. Especially when land is held by extended families, as our large old family farms often are, the conservation-minded siblings need to be able to offer incentives to less-than-enthusiastic family members to make decisions that entail a financial sacrifice. Virginians and tourists will relish that preserved land for generations to come. We appreciate the complexity of the tasks facing the legislators. We urge you to maintain the tax credits afforded to landowners through the Virginia Land Conservation Incentives Act. Thank you for your consideration. Sincerely, ~~~~ Dennis S. Rooker, Chairman DSRlewc Attachment cc: Budget Conferees Senator R. Creigh Deeds Senator Emmett W. Hanger, Jr. Delegate Watkins M. Abbitt, Jr. Delegate R. Steven Landes Delegate David Toscano Mr. Steve Blaine (j Printed on recycled paper Kenneth C. Boyd Rivanna Undsay G. Dorrier, Jr. ScotlsviDe Dennis S. Rooker Jack Jouett COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, VIrginia 22902-4596 (434) 2%-5843 FAX (434) 2%-5800 March 21, 2006 David L. Slutzky Rio Sally H. Thomas Samuel Miller David C. Wyant White Hall The Honorable Senator Janet D. Howell General Assembly Building, Room 327 PO Box 396 Richmond, VA 23218 Dear Senator Howell: At its meeting on March 15, 2006 the Albemarle County Board of Supervisors unanimously adopted the attached resolution. We urge you not to stifle our citizens' attempts to preserve important rural land in our fast-growing county. When asked, an overwhelming majority of our residents support protection of our rural land. As taxpayers, they have consistently supported the Board putting $1.0 million of their money into the purchase of permanent conservation easements from lower-income family farms. As you mayor may not know, we depend on private landowners for most of the 60,000 acres of our county that have been placed under easements. Present incentives, for example, allowed and encouraged the preservation of Castle Hill, a 1,585 acre historic property. Its easements and other neighbors' easements will preserve the flanks of the Southwest Mountains as Jefferson, Madison and Monroe would have seen them. Last year, 10,500 acres were permanently protected in Albemarle County in the face of strong development pressures and rising land values. Of that acreage, forty percent was in only three properties. In each case, the owners desired to preserve their land, but it was the existence of the tax credits that made it possible to do so. Especially when land is held by extended families, as our large old family farms often are, the conservation-minded siblings need to be able to offer incentives to less-than-enthusiastic family members to make decisions that entail a financial sacrifice. Virginians and tourists will relish that preserved land for generations to come. We appreciate the complexity of the tasks facing the legislators. We urge you to maintain the tax credits afforded to landowners through the Virginia Land Conservation Incentives Act. Thank you for your consideration. Sincerely, Dennis S. Rooker, Chairman DSRlewc Attachment cc: Budget Conferees Senator R. Creigh Deeds Senator Emmett W. Hanger, Jr. Delegate Watkins M. Abbitt, Jr. Delegate R. Steven Landes Delegate David Toscano Mr. Steve Blaine (j Printed on recycled paper Kenneth C. Boyd Rivanna COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22902-45% (434) 296-5843 FAX (434) 296-5800 March 21, 2006 David L. Slutzky Rio Sally H. Thomas Samuel Miller Undsay G. Dorrier, Jr. ScottsviDe Dennis S. Rooker Jack Jouett David C. Wyant White Hall The Honorable Delegate R. Lee Ware, Jr. General Assembly Building, Room 409 PO Box 406 Richmond , VA 23218 Dear Delegate Ware: At its meeting on March 15, 2006 the Albemarle County Board of Supervisors unanimously adopted the attached resolution. We urge you not to stifle our citizens' attempts to preserve important rural land in our fast-growing county. When asked, an overwhelming majority of our residents support protection of our rural land. As taxpayers, they have consistently supported the Board putting $1.0 million of their money into the purchase of permanent conservation easements from lower-income family farms. As you mayor may not know, we depend on private landowners for most of the 60,000 acres of our county that have been placed under easements. Present incentives, for example, allowed and encouraged the preservation of Castle Hill, a 1,585 acre historic property. Its easements and other neighbors' easements will preserve the flanks of the Southwest Mountains as Jefferson, Madison and Monroe would have seen them. Last year, 10,500 acres were permanently protected in Albemarle County in the face of strong development pressures and rising land values. Of that acreage, forty percent was in only three properties. In each case, the owners desired to preserve their land, but it was the existence of the tax credits that made it possible to do so. Especially when land is held by extended families, as our large old family farms often are, the conservation-minded siblings need to be able to offer incentives to less-than-enthusiastic family members to make decisions that entail a financial sacrifice. Virginians and tourists will relish that preserved land for generations to come. We appreciate the complexity of the tasks facing the legislators. We urge you to maintain the tax credits afforded to landowners through the Virginia Land Conservation Incentives Act. Thank you for your consideration. Sincerely, ~f~ Dennis S. Rooker, Chairman DSRlewc Attachment cc: Budget Conferees Senator R. Creigh Deeds Senator Emmett W. Hanger, Jr. Delegate Watkins M. Abbitt, Jr. Delegate R. Steven Landes Delegate David Toscano Mr. Steve Blaine * Printed on recycled paper 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 March 21, 2006 David L. Slutzky Rio Undsay G. Dorrier, Jr. ScottsviIIe Dennis S. Rooker Jack Jouett Sally H. Thomas Samuei Miller David C. Wyant White HaD The Honorable Delegate Benjamin L. Cline General Assembly Building, Room 719 PO Box 406 Richmond, VA 23218 Dear Delegate Cline: At its meeting on March 15, 2006 the Albemar1e County Board of Supervisors unanimously adopted the attached resolution. We urge you not to stifle our citizens' attempts to preserve important rural land in our fast-growing county. When asked, an overwhelming majority of our residents support protection of our rural land. As taxpayers, they have consistently supported the Board putting $1.0 million of their money into the purchase of permanent conservation easements from lower-income family farms. As you mayor may not know, we depend on private landowners for most of the 60,000 acres of our county that have been placed under easements. Present incentives, for example, allowed and encouraged the preservation of Castle Hill, a 1,585 acre historic property. Its easements and other neighbors' easements will preserve the flanks of the Southwest Mountains as Jefferson, Madison and Monroe would have seen them. Last year, 10,500 acres were permanently protected in Albemarle County in the face of strong development pressures and rising land values. Of that acreage, forty percent was in only three properties. In each case, the owners desired to preserve their land, but it was the existence of the tax credits that made it possible to do so. Especially when land is held by extended families, as our large old family farms often are, the conservation-minded siblings need to be able to offer incentives to less-than-enthusiastic family members to make decisions that entail a financial sacrifice. Virginians and tourists will relish that preserved land for generations to come. We appreciate the complexity of the tasks facing the legislators. We urge you to maintain the tax credits afforded to landowners through the Virginia Land Conservation Incentives Act. Thank you for your consideration. Sincerely, ~/~ Dennis S. Rooker, Chairman DSRlewc Attachment cc: Budget Conferees Senator R. Creigh Deeds Senator Emmett W. Hanger, Jr. Delegate Watkins M. Abbitt, Jr. Delegate R. Steven Landes Delegate David Toscano Mr. Steve Blaine (1) Printed on recycled paper 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 March 21 , 2006 David L. Slutzky Rio llndsay G. Dorrier, Jr. Scottsville Dennis S. Rooker Jack Jouett Sally H. Thomas Samuel Miller David C. Wyant WhiteHall The Honorable Delegate VIVian E. Watts General Assembly Building, Room 406 PO Box 406 Richmond, VA 23218 Dear Delegate Watts: At its meeting on March 15, 2006 the Albemarle County Board of Supervisors unanimously adopted the attached resolution. We urge you not to stifle our citizens' attempts to preserve important rural land in our fast-growing county. When asked, an overwhelming majority of our residents support protection of our rural land. As taxpayers, they have consistently supported the Board putting $1.0 million of their money into the purchase of permanent conservation easements from lower-income family farms. As you mayor may not know, we depend on private landowners for most of the 60,000 acres of our county that have been placed under easements. Present incentives, for example, allowed and encouraged the preservation of Castle Hill, a 1,585 acre historic property. Its easements and other neighbors' easements will preserve the flanks of the Southwest Mountains as Jefferson, Madison and Monroe would have seen them. Last year, 10,500 acres were permanently protected in Albemarle County in the face of strong development pressures and rising land values. Of that acreage, forty percent was in only three properties. In each case, the owners desired to preserve their land, but it was the existence of the tax credits that made it possible to do so. Especially when land is held by extended families, as our large old family farms often are, the conservation-minded siblings need to be able to offer incentives to less-than-enthusiastic family members to make decisions that entail a financial sacrifice. Virginians and tourists will relish that preserved land for generations to come. We appreciate the complexity of the tasks facing the legislators. We urge you to maintain the tax credits afforded to landowners through the Virginia Land Conservation Incentives Act. Thank you for your consideration. Sincerely, d..~~~$~ Dennis S. Rooker, Chairman DSRlewc Attachment cc: Budget Conferees Senator R. Creigh Deeds Senator Emmett W. Hanger, Jr. Delegate Watkins M. Abbitt, Jr. Delegate R. Steven Landes Delegate David Toscano Mr. Steve Blaine * Printed on recycled paper Kenneth C. Boyd Rivanna COUNlY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Vrrginia 22902-4596 (434) 296-5843 FAX (434) 296-5800 March 21 , 2006 David L. Slutzky Rio Undsay G. Dorrier, Jr. Scottsville Dennis S. Rooker Jack Jouett Sally H. Thomas Samuel Miller David C. Wyant White Hall The Honorable Delegate Robert B. Bell, III General Assembly Building, Room 810 P. O. Box 406 Richmond, Virginia 23218 Dear Delegate Bell: At its meeting on March 15, 2006 the Albemarle County Board of Supervisors unanimously adopted the attached resolution. We urge you not to stifle our citizens' attempts to preserve important rural land in our fast-growing county. When asked, an overwhelming majority of our residents support protection of our rural land. As taxpayers, they have consistently supported the Board putting $1.0 million of their money into the purchase of permanent conservation easements from lower-income family fanns. As you mayor may not know, we depend on private landowners for most of the 60,000 acres of our county that have been placed under easements. Present incentives, for example, allowed and encouraged the preservation of Castle Hill, a 1,585 acre historic property. Its easements and other neighbors' easements will preserve the flanks of the Southwest Mountains as Jefferson, Madison and Monroe would have seen them. Last year, 10,500 acres were permanently protected in Albemarle County in the face of strong development pressures and rising land values. Of that acreage, forty percent was in only three properties. In each case, the owners desired to preserve their land, but it was the existence of the tax credits that made it possible to do so. Especially when land is held by extended families, as our large old family fanns often are, the conservation-minded siblings need to be able to offer incentives to less-than-enthusiastic family members to make decisions that entail a financial sacrifice. Virginians and tourists will relish that preserved land for generations to come. We appreciate the complexity of the tasks facing the legislators. We urge you to maintain the tax credits afforded to landowners through the Virginia Land Conservation Incentives Act. Thank you for your consideration. Sincerely, ~~~~/~~ ............... Dennis S. Rooker, Chainnan DSRlewc Attachment cc: Budget Conferees Senator R. Creigh Deeds Senator Emmett W. Hanger, Jr. Delegate Watkins M. Abbitt, Jr. Delegate R. Steven Landes Delegate David Toscano Mr. Steve Blaine * Printed on recycled paper Kenneth C. Boyd Rivanna COUNTY OF ALBEMARIE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22902-45% (434) 296-5843 FAX (434) 296-5800 March 21, 2006 David L. Slutzky Rio Undsay G. Dorrier, Jr. Scottsville Sally H. Thomas Samuel Miller Dennis S. Rooker Jack Jouett David C. Wyant White Hall The Honorable Delegate R. Steven Landes General Assembly Bldg., Room 528 P. O. Box 406 Richmond, Virginia 23218 Dear Delegate Landes: At its meeting on March 15, 2006 the Albemarle County Board of Supervisors unanimously adopted the attached resolution. We urge you not to stifle our citizens' attempts to preserve important rural land in our fast-growing county. When asked, an overwhelming majority of our residents support protection of our rural land. As taxpayers, they have consistently supported the.13oard putting $1.0 million of their money into the purchase of permanent conservation easements from lower~iocome family farms. As you mayor may not know, we depend on private landowners for most of the 60,000 acres of our county that have been placed under easements. Present incentives, for example, allowed and encouraged the preservation of Castle Hill, a 1,585 acre historic property. Its easements and other neighbors' easements will preserve the flanks of the Southwest Mountains as Jefferson, Madison and Monroe would have seen them. Last year, 10,500 acres were permanently protected in Albemarle County in the face of strong development pressures and rising land values. Of that acreage, forty percent was in only three properties. In each case, the owners desired to preserve their land, but it was the existence of the tax credits that made it possible to do so. Especially when land is held by extended families, as our large old family farms often are, the conservation-minded siblings need to be able to offer incentives to less-than-enthusiastic family members to make decisions that entail a financial sacrifice. Virginians and tourists will relish that preserved land for generations to come. We appreciate the complexity of the tasks facing the legislators. We urge you to maintain the tax credits afforded to landowners through the Virginia Land Conservation Incentives Act. Thank you for your consideration. Sincerely, ~/~ Dennis S. Rooker, Chairman DSRlewc Attachment cc: Budget Conferees Senator R. Creigh Deeds Senator Emmett W. Hanger, Jr. Delegate Watkins M. Abbitt, Jr. Delegate Robert B. Bell, III Delegate David Toscano Mr. Steve Blaine (j Printed on recycled paper Kenneth C. Boyd Rivanna COUNTY OF ALBEMARlE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22902-45% (434) 296-5843 FAX (434) 296-5800 March 21, 2006 David L. Slutzky Rio Undsay G. Dorrier, Jr. Scottsville Dennis S. Rooker Jack Jouett Sally H. Thomas Samuel Miller David C. Wyant White Hall The Honorable Delegate Watkins M. Abbitt, Jr. General Assembly Building, Room 804 P. O. Box 406 Richmond, Virginia 23218 Dear Delegate Abbitt: At its meeting on March 15, 2006 the Albemar1e County Board of Supervisors unanimously adopted the attached resolution. We urge you not to stifle our citizens' attempts to preserve important rural land in our fast-growing county. When asked, an o\lerwhelming majority of our residents support protection of our rural land. As taxpayers, they have consistently supported the Board putting $1.0 million of their money into the purchase of permanent conservation easements from lower-income family farms. As you mayor may not know, we depend on private landowners for most of the 60,000 acres of our county that have been placed under easements. Present incentives, for example, allowed and encouraged the preservation of Castle Hill, a 1 ,585 acre historic property. Its easements and other neighbors' easements will preserve the flanks of the Southwest Mountains as Jefferson, Madison and Monroe would have seen them. Last year, 10,500 acres were permanently protected in Albemarle County in the face of strong development pressures and rising land values. Of that acreage, forty percent was in only three properties. In each case, the owners desired to preserve their land, but it was the existence of the tax credits that made it possible to do so. Especially when land is held by extended families, as our large old family farms often are, the conservation-minded siblings need to be able to offer incentives to less-than-enthusiastic family members to make decisions that entail a financial sacrifice. Virginians and tourists will relish that preserved land for generations to come. We appreciate the complexity of the tasks facing the legislators. We urge you to maintain the tax credits afforded to landowners through the Virginia Land Conservation Incentives Act. Thank you for your consideration. Sincerely, ~/~ Dennis S. Rooker, Chairman DSRlewc Attachment cc: Budget Conferees Senator R. Creigh Deeds Senator Emmett W. Hanger, Jr. Delegate R. Steven Landes Delegate Robert B. Bell, III Delegate David Toscano Mr. Steve Blaine * Printed on recycled paper . Kenneth c. Boyd Rivanna Undsay G. Domer, Jr. Scotlsville Dennis S. Rooker Jack Jouett COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22902-4596 (434) 296-5843 FAX (434) 296-5800 March 21, 2006 David L. Slutzky Rio Sally H. Thomas Samuel Miller David C. Wyant WhiteHall The Honorable Senator Emmett W. Hanger, Jr. General Assembly Building, Room 431 910 Capitol Street P. O. Box 396 Richmond, Virginia 23218 Dear Senator Hanger: At its meeting on March 15, 2006 the Albemarle County Board of Supervisors unanimously adopted the attached resolution. We urge you not to stifle our citizens' attempts to preserve important rural land in our fast-growing county. When asked, an overwhelming majority of our residents support protection of our rural land. As taxpayers, they have consistently supported the Board putting $1.0 miIlion of their money into the purchase of permanent conservation easements from lower-income family farms. As you mayor may not know, we depend on private landowners for most of the 60,000 acres of our county that have been placed under easements. Present incentives, for example, allowed and encouraged the preservation of Castle Hill, a 1,585 acre historic property. Its easements and other neighbors' easements will preserve the flanks of the Southwest Mountains as Jefferson, Madison and Monroe would have seen them. Last year, 10,500 acres were permanently protected in Albemarle County in the face of strong development pressures and rising land values. Of that acreage, forty percent was in only three properties. In each case, the owners desired to preserve their land, but it was the existence of the tax credits that made it possible to do so. Especially when land is held by extended families, as our large old family farms often are, the conservation-minded siblings need to be able to offer incentives to less-than-enthusiastic family members to make decisions that entail a financial sacrifice. Virginians and tourists will relish that preserved land for generations to come. We appreciate the complexity of the tasks facing the legislators. We urge you to maintain the tax credits afforded to landowners through the Virginia Land Conservation Incentives Act. Thank you for your consideration. Sincerely, ~f~ Dennis S. Rooker, Chairman DSR/ewc Attachment cc: Budget Conferees Senator R. Creigh Deeds Delegate Watkins M. Abbitt, Jr. Delegate R. Steven Landes Delegate Robert B. Bell, III Delegate David Toscano Mr. Steve Blaine * Printed on recycled paper Kenneth C. Boyd Rivanna COUNTY OF ALBEMARI..E Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22902-45% (434) 296-5843 FAX (434) 296-5800 March 21, 2006 David L. Slutzky Rio Sally H. Thomas Samuel Miller lindsay G. Donier, Jr. ScottsviIIe Dennis S. Rooker Jack Jouett David C. Wyant White Hall The Honorable Senator R. Creigh Deeds General Assembly Building, Room 308 P. O. Box 396 Richmond, Virginia 23218 Dear Senator Deeds: At its meeting on March 15, 2006 the Albemar1e County Board of Supervisors unanimously adopted the attached resolution. We urge you not to stifle our citizens' attempts to preserve important rural land in our fast-growing county. When asked, an overwhelming majority of our residents support protection of our rural land. As taxpayers, they have consistently supported the Board putting $1.0 million of their money into the purchase of permanent conservation easements from lower-income family farms. As you mayor may not know, we depend on private landowners for most of the 60,000 acres of our county that have been placed under easements. Present incentives, for example, allowed and encouraged the preservation of Castle Hill, a 1,585 acre historic property. Its easements and other neighbors' easements will preserve the flanks of the Southwest Mountains as Jefferson, Madison and Monroe would have seen them. Last year, 10,500 acres were permanently protected in Albemarle County in the face of strong development pressures and rising land values. Of that acreage, forty percent was in only three properties. In each case, the owners desired to preserve their land, but it was the existence of the tax credits that made it possible to do so. Especially when land is held by extended families, as our large old family farms often are, the conservation-minded siblings need to be able to offer incentives to less-than-enthusiastic family members to make decisions that entail a financial sacrifice. Virginians and tourists will relish that preserved land for generations to come. We appreciate the complexity of the tasks facing the legislators. We urge you to maintain the tax credits afforded to landowners through the Virginia Land Conservation Incentives Act. Thank you for your consideration. Sincerely, ~/~ Dennis S. Rooker, Chairman DSR/ewc Attachment cc: Budget Conferees Senator Emmett W. Hanger, Jr. Delegate Watkins M. Abbitt, Jr. Delegate R. Steven Landes Delegate Robert B. Bell, III Delegate David Toscano Mr. Steve Blaine (1) Printed on recycled paper .. 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 March 21 , 2006 David L. Slutzky Rio llndsay G. Dorrier, Jr. Scottsville Dennis S. Rooker Jack Jouett Sally H. Thomas Samuel Miller David C. Wyant While Hall The Honorable Delegate David Toscano General Assembly Building, Room 818 P.O. Box 406 Richmond, Virginia 23218 Dear Delegate Toscano: At its meeting on March 15, 2006 the Albemarle County Board of Supervisors unanimously adopted the attached resolution. We urge you not to stifle our citizens' attempts to preserve important rural land in our fast-growing county. When asked, an overwhelming majority of our residents support protection of our rural land. As taxpayers, they have consistently supported the Board putting $1.0 million of their money into the purchase of permanent conservation easements from lower-income family farms. As you mayor may not know, we depend on private landowners for most of the 60,000 acres of our county that have been placed under easements. Present incentives, for example, allowed and encouraged the preservation of Castle Hill, a 1,585 acre historic property. Its easements and other neighbors' easements will preserve the flanks of the Southwest Mountains as Jefferson, Madison and Monroe would have seen them. Last year, 10,500 acres were permanently protected in Albemarle County in the face of strong development pressures and rising land values. Of that acreage, forty percent was in only three properties. In each case, the owners desired to preserve their land, but it was the existence of the tax credits that made it possible to do so. Especially when land is held by extended families, as our large old family farms often are, the conservation-minded siblings need to be able to offer incentives to less-than-enthusiastic family members to make decisions that entail a financial sacrifice. Virginians and tourists will relish that preserved land for generations to come. W,rr appreciate the com~lexity of the tasks facing the legislators. We urge you to maintain the tax credits afforded to landowners through the Virginia Land Conservation Incentives Act. Thank you for your consideration. Sincerely, ~f~ Dennis S. Rooker, Chairman DSRlew<;: Attachment cc: Budget Conferees Senator R. Creigh Deeds Senator EQ:lR)ett W. Hanger, Jr. Delegate Watkins M. Abbitt, Jr. Dele~ate R. $l~\len Landes Delegate Robert B. Bell, III Mr. steve Blaine * Printed on recycled paper